A trademark is a word, name, symbol, or device that is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. A servicemark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product. The terms “trademark” and “mark” are commonly used to refer to both trademarks and servicemarks.

Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark. Trademarks which are used in interstate or foreign commerce may be registered with the USPTO. The registration procedure for trademarks and general information concerning trademarks is described on a separate page entitled “Basic Facts about Trademarks”

Source: http://www.uspto.gov/web/offices/pac/doc/general/index.html#mark

Copyright is a form of protection provided to the authors of "original works of authorship" including literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished. The 1976 Copyright Act generally gives the owner of copyright the exclusive right to reproduce the copyrighted work, to prepare derivative works, to distribute copies or phonorecords of the copyrighted work, to perform the copyrighted work publicly, or to display the copyrighted work publicly.

The copyright protects the form of expression rather than the subject matter of the writing. For example, a description of a machine could be copyrighted, but this would only prevent others from copying the description; it would not prevent others from writing a description of their own or from making and using the machine. Copyrights are registered by the Copyright Office of the Library of Congress.

A patent for an invention is the grant of a property right to the inventor, issued by the United States Patent and Trademark Office. Generally, the term of a new patent is 20 years from the date on which the application for the patent was filed in the United States or, in special cases, from the date an earlier related application was filed, subject to the payment of maintenance fees. U.S. patent grants are effective only within the United States, U.S. territories, and U.S. possessions. Under certain circumstances, patent term extensions or adjustments may be available.

The right conferred by the patent grant is, in the language of the statute and of the grant itself, “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention into the United States. What is granted is not the right to make, use, offer for sale, sell or import, but the right to exclude others from making, using, offering for sale, selling or importing the invention. Once a patent is issued, the patentee must enforce the patent without aid of the USPTO.

There are three types of patents:

1) Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof;

2) Design patents may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture; and

3) Plant patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.

by Richard Chapo

Every business should protect proprietary information when dealing with independent contractors, vendors and other businesses. The best way to do this is to use a non-disclosure agreement, often referred to as an “NDA.”

What is an NDA?

An NDA is an agreement between two parties to protect confidential information disclosed in a business transaction. The proprietary information can include business methods, finances, client lists, and anything that isn’t already readily available in the public arena. If a party subsequently breaches the NDA, the injured party can sue for damages, an injunction against further disclosure and attorney’s fees.

Directional NDA

In many situations, only one party requires the protection provided by an NDA. If you invent a new product, you are going to need an NDA from manufacturers, distributors, etc., before you discuss the product with them. While this may seem like common sense, most businesses fail to carry the thought through to their daily activities.

Practically every business hires independent contractors, but they rarely obtain NDAs prior to disclosing information to the contractors. For example, do you use third parties to create or maintain your websites? Did you obtain NDAs from any of them? If not, what’s to keep that party from using your business methods on other sites? A directional NDA can keep this from occurring.

Mutual NDA

As the name suggest, a mutual NDA allows two parties to protect confidential information. The mutual NDA is typically used when two businesses are negotiating a joint venture. Each party must disclose enough information to make the negotiations viable, but neither wants that information made public if the negotiations fail. If negotiations go well, additional non-disclosure information will be incorporated into the joint venture agreement to protect additional information revealed during the joint venture.

Refusing to Sign an NDA

Alarms and warning lights should go off if a party refuses to sign your NDA. Unless they can provide a very compelling reason for the refusal, you should walk away from the business relationship.

When An NDA isn’t really an NDA

Just because a document is titled, “Non-Disclosure Agreement”, does not mean it provides you with protection. You should ALWAYS read the language of an NDA because the document may establish that you are WAIVING all confidentiality rights. The waiver might be very direct and read something like, “The disclosure of information pursuant to this Agreement shall not be considered confidential.” Alternatively, the language may be more indirect and read, “The parties acknowledge and agree that all information exchanged pursuant to this agreement has previously been established in public forums.” Regardless, the “reverse NDAs” strip you of protection and should not be signed.

Obtaining non-disclosure agreements should be a standard practice for your business. Don’t exposure your proprietary business secrets to others without this protection.

Richard Chapo is the lead attorney for the law firm http://www.SanDiegoBusinessLawFirm.com - a firm providing legal advice to California businesses. This article is for general education purposes and does not address every facet of the subject matter. Nothing in this article creates an attorney-client relationship.

Article Source: http://EzineArticles.com/?expert=Richard_Chapo

by Damian Sofsian

The US Patent office has granted more than six million patents since 1790. During the late 18th century the number of inventors in America started outpacing many other countries. In the second half of the 19th century, inventors like Thomas Alva Edison led by example. The result was that very soon American inventors became a potent force in fuelling rapid industrial growth.

From phonograms to computers, American inventors have provided the world with several technological breakthroughs that have changed the way people live.

The list of American inventors is a long one and it continues to grow. So it is difficult to name the best inventors, as every inventor has in one way or the other left an impact on society. The Wright brothers (Orville and Wilbur) invented the airplane, which is considered the most important invention of 20th century. Both brothers were from Ohio.

Another Ohio-based inventor was Charles Martin Hall, who invented the process of manufacturing aluminum with the electrolytic method. If we look around there will be hardly any production process in which aluminum is not used. Henry Ford is another famous American inventor. His work revolutionized the whole automobile industry. Today automobiles are an inherent part of our everyday life and no society can survive without them.

Jonas Salk is another famous American inventor. He is known for inventing the polio vaccine, and his groundbreaking findings on influenza and other infectious diseases. No talk about famous American inventors can considered to be complete without Alexander Graham Bell, who invented the telephone in 1876 at the age of 29, and Thomas Alva Edison, whose list of inventions exceed more than 1,000. Much has written about them, but there are many American inventors who invented significant things ranging from sewing machines to computers and modern telecommunication technology. They remain unsung though they did a great service to the mankind.

Inventors provides detailed information on Inventors, American Inventors, African American Inventors, Famous Inventors and more. Inventors is affiliated with New Computer Inventions.

Article Source: http://EzineArticles.com/?expert=Damian_Sofsian

by Dan Goodwin

When we’re in the flow, creating CAN be as easy and as painless as pouring warm honey down your throat.

But only when we let it…

More often we make it about as pleasurable and soothing as gargling nails!

Here are some the mistakes we make when trying to find our natural creative flow, and what to do to overcome them:

Mistake 1: Expect everything you try to work perfectly.

There’s a very powerful (and true) saying that “If one person can do something, then another person can do the same thing.” And there’s much to be gained from following the examples others have had success with.

With creating there’s no need to re-invent the wheel each time we go to create. There are hundreds of tips and techniques we can pick up from reading and researching creativity, and many of them are very effective.

The secret to finding your own creative flow though is to experiment widely then discard what doesn’t work for you, and do more of what does work. If you expect every single tip you read to work perfectly then you’ll be disappointed.

At the heart of creativity is the attitude of experimenting, exploring, seeing things in ways that others haven’t before, and making new connections. If we apply this philosophy to everything in our creative lives, it’ll help us to live up to our creative potential.

Mistake 2: Do something that works for a while, then stop doing it.

When we do find something that helps us be more creative, obviously it’s a good idea to keep doing it. Often though, delighted at the progress we’ve made, we’ll get complacent. We feel we’ve had some kind of breakthrough, and from now on creating will be so much easier.

That’s probably true. But ONLY if you keep doing the things that are working so well. If you’re on a bicycle and stop pedalling, pretty soon you’ll come to a standstill. But keep pedalling at a steady rate and you’ll cover miles in a very short time.

Apply the same idea to the techniques you’ve found that work for helping you be more creative. Keep doing them, and keep refining them so they’re even more powerful and effective for you.

Mistake 3: Getting easily disheartened.

So, you’ve found some creative routines that work really well for you, and you’re making great progress in your creative projects. Then you hit a sticky patch.

Something happens to throw you off your rhythm and it dents your confidence. Instead of continuing to practice the methods that have been working, you stop doing them all in a moment of panic.

But of course this only makes things harder. If you carry on through these more challenging times (which we all experience) by doing what you’ve proved works well, then you’ll soon be through them. The worse mistake you can make is to give up what you know is effective for you.

These are 3 of the most common mistakes we make that disrupt our natural creative flow.

Think carefully about which you’ve done in the past. How can you take a different approach from now on? An approach that will serve your creativity well, and allow it to flow as freely as possible?

Want more great creativity articles, tips and exercises to help you increase your creativity? It’s easy: just sign up to “Create Create!” - Creativity Coach Dan Goodwin’s free twice monthly ezine - today, and get your FREE copy of the “Explode Your Creativity!” Action Workbook. Head on over now to www.CoachCreative.com

Article Source: http://EzineArticles.com/?expert=Dan_Goodwin

by Jill Dow

Do you have a great new idea? Are you an aspiring new inventor? Are you scared someone might try to steal your idea or invention? Are you wondering if your idea or invention is even new? Would you like to know how to get a patent for your idea or invention? If so, please read on for answers to these common patent questions.

Invention patents are obtained through the U.S. Patent Office. All of the information needed for obtaining an invention patent and the patent filing procedures are listed at their website: uspto.gov. Here, you can download and file your patent application electronically.

Not everyone can obtain a patent for their inventions or ideas. If your invention has already been created, or if it is just an improvement of someone else’s patented invention, you cannot obtain a patent for it. You can do a patent search at uspto.gov to see if your idea has already been thought of.

When you’re ready to obtain a patent, you can either file yourself or get the help of a patent attorney. Patent attorneys are available anywhere, but make sure you find a reputable one because they can be quite expensive. You’ll also have to pay patent application fees when you file.

There are 3 different types of patents: utility, design, and plant. Each type of patent has a different application. The patent application should include the inventor, a description of the invention, what the invention does, drawings, charts, testimonials, and any other information about the invention. You must also submit the application fees upon filing.

Next, your patent application will be reviewed. The patent examiner will do a patent search to be sure your invention is unique. If he determines it is unique, you will get a patent. If it is not found to be unique, you will not receive the patent and you must argue against it or try to file again.

Once you have the patent, be sure to get the help of an Invention Development Organization (IDO). An IDO will help you to market your idea and invention. They will also help you protect your invention and its patent by keeping a look out for copy cat inventors that will try to mimic your invention.

This is all of the basic information you need to know to obtain a patent for your idea. The U.S. patent office receives over 350,000 patent applications a year, so the application process for your patent idea can take a very long time. Be patient and remain optimistic. If you have a truly remarkable idea or invention your chances of obtaining a patent are excellent!

For more information on obtaining a patent and resources for patent searches, patent applications and other patent help see http://patent101.com

Article Source: http://EzineArticles.com/?expert=Jill_Dow

by Robert P. Stewart

Introduction

In this article I will try to explain purpose of Provisional Patent Application, its benefits and drawbacks. Provisional Patent Application allows inventors to start patent process without incurring the high cost of patent lawyers. However, because Provisional Applications are simpler to complete then the Regular Patent Application, it doesn’t mean that inventors should take them lightly.

Documenting Your Invention

The reason why you should carefully document your idea is the following – your Provisional Patent Application may be the only source of proof that you are the original inventor and entitled to reaping the benefits of the patent. It is very possible that since the time you have submitted your Provisional Patent Application, someone else filled out paperwork for regular patent. The only thing that might substantiate your claim that you are the rightful owner of the invention is your Provisional Patent Application. One note of caution – Provisional Application is good for one year only and cannot be renewed. In fact, these applications were meant to be temporary solution until the inventor submits regular Patent Application Paperwork.

Facts about Provisional Patent Applications

Below is a Summary of things that inventor should know about Provisional Patent Applications:
1. A Provisional Patent application is never examined by the United States Patent and Trademark Office (USPTO), and therefore can never become a patent.
2. It may become part of non-provisional application file later on, once you submit your regular patent application
3. Automatically expires one year after the original filing date.
Submitting Provisional Patent Application costs $100 for an application having 100 or fewer pages of specification and drawings. Inventors should be prepared to describe their inventions in great detail; in fact, USPTO recommends that your invention should be clearly understood by the person of “ordinary skill in the art” of the invention. This means that your documentation should be detailed and simple enough to be understood by the person who is averagely skilled in your field of research. In addition, USPTO encourages inventors to specify the so-called “The best mode requirement” – meaning that inventor should disclose the best method used to achieve the desired results. For example, if invention deals with chemical solution that should be boiled to the temperature of 300 degrees, then this fact must be documented. It is improper to specify that the chemical solution should be boiled to the temperature above 200 degrees because this is not precise and will not lead to the best method of achieving desired results.

What Is Needed When Submitting Provisional Patent application

When submitting Provisional Patent application, inventor should produce:

1. Documentation that is detailed enough and clear enough to be understood by the person of “ordinary skill in the art” of the invention
2. Provisional Patent Application Cover sheet.
3. Technical drawings and graphs pertinent to the invention
4. List of inventors and co-inventors

Summary

In summary, Provisional Patent Application is a great and cost-effective way for an inventor to lock his invention for one year and buy some time in order to see whether invention has commercial potential.

If you are interesting in reading more, please visit IdeaJets website that is dedicated in bringing quality information to the inventors all over the globe!

Robert P. Stewart
IdeaJets
IdeaJets Support

Article Source: http://EzineArticles.com/?expert=Robert_Stewart

by Max Bellamy

One of the primary things to do when a commercially viable idea hits the brain is to search for a patent for the concept. A patent allows for the conversion of the concept into a business and prohibits others from infringing on the idea. Commonly, patent searches through patent search offices entail some footwork as well as money.

However, with the onslaught of the Internet, there are several free patent searches available. Free patent searches are powered by search engines, and contain databases that include all patents applied for over the past few years (within the patentable period, which generally implies 20 years in the US). Past inventions are carefully documented, with pictures and features wherever needed. As soon as a keyword is typed in the search bar, a search is triggered that displays similar concept patents that may have been given. It is important to type a relevant keyword, as this will affect the results of the search. It is advisable to try searching using different keywords.

Typically, free patent search websites contain all documented information on US patents (available from the USPTO) and European patents (Esp@cenet). However, there are many websites that contain patent information from other countries. Before punching in the keyword, the searcher has to click on the appropriate country tab.

The reason for the surfeit of free patent search sites is the huge workload that national patent offices face each year. National patent offices also provide their own free websites to search patents, in order to decrease their quantum of work. Most ideas that purport to be original get nipped in the bud when a similar concept is found.

The current trend is to first search for a patent on a free search engine. If no patent is found, a patent attorney is approached for the legal work. The attorney will also search for the patent on the free search engine before accepting the case.

http://www.freepatentsonline.com is a popular free patent search site that has a database of over 300000 US and UK patents. The site is constantly getting updated, as more and more patents are being awarded.

Patent Search provides detailed information on Patent Search, US Patent Searches, Free Patent Searches, European Patent Searches and more. Patent Search is affiliated with Online Trademark Searches.

Article Source: http://EzineArticles.com/?expert=Max_Bellamy