Copyrights, Patents, and Trademarks

Question 1

Define Copyright

Answer 1

the exclusive legal right, given to an originator or an assignee to print, publish, perform, film, or record literary, artistic, or musical material, and to authorize others to do the same.

You can create a copyright at work instantly. You don’t need a lawyer, you don’t need a filing fee. When you take a photo on your phone, record something, film, audio, it’s copyrighted from the moment of creation. For copyright, all you need is it has to be original and it has to be fixed in a tangible medium of expression.

Question 2

Define Trademark

Answer 2

a symbol, word, or words legally registered or established by use as representing a company or product.

You’ll need to pay a fee of about $290. It’s an extensive application process. You need a lawyer. You have to do a search of trademarks to make sure yours isn’t too close to something, or the color, or logo, and so forth.

Question 3

Define Patent

Answer 3

Patents are inventions. There are three kinds of patents: utility patent, design patent, and plant patents.

They last for 20 years. Getting a patent is very complicated and will cost somewhere around $20,000 minimum. Extensive searches are required. You need a patent attorney.

Question 4

Utility Patent

Answer 4

A utility patent is a patent that covers the creation of a new or improved—and useful—product, process, or machine. A utility patent, also known as a “patent for invention,” prohibits other individuals or companies from making, using, or selling the invention without authorization.

The example in class was the insulating sleeve that Starbucks puts on their cups, and also the uniquely designed lid on the cup with a hole in it.

Lasts for 20 years.

Question 5

Design Patent

Answer 5

A design that you want to protect. This lasts for 20 years.

Question 6

Plant Patent

Answer 6

This would mean you were crossing one type of plant with another for some scientific reasons. They last for 20 years.