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| NEW TO INTELLECTUAL PROPERTY? |
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WHAT IS INTELLECTUAL PROPERTY?
Intellectual property (IP) is generally intangible property resulting from some degree of creativity. IP is generally protectable by copyright, patent, trademark, trade dress, and trade secret laws.
HOW ARE COPYRIGHT, PATENT, TRADEMARK, TRADE DRESS, AND TRADE SECRET PROTECTION DIFFERENT?
Copyrights grant exclusive rights to authors, artists, composers, and publishers to produce and distribute their original works. Copyrights arise automatically as soon as a creative work is fixed onto a tangible medium. Federal copyright registration affords owners of copyrighted materials additional benefits.
Patents grant exclusive rights in an invention for a period of time, so that an inventor can essentially profit from the invention before that right is available to the general public. Patents can be granted for designs of manufactured products, machines, processes, and combinations of matter, as well as plants and other life forms that are new and non-obvious. A patent must be applied for from the federal government and will only be granted if the invention is novel.
Trademarks allow businesses to protect the source of the goods and services by preventing the use of confusingly similar marks by competitors. To receive trademark protection, a word or symbol must be distinctive and must be used in the marketplace so that it gains recognition with the public. A trademark need not be registered, but if it is federally registered, the owner of the mark essentially has put others on notice that the trademark already is in use.
Trade dress protection is similar to trademarks and can be used to identify and promote the non-functional aspects of a product or service. For example, the shape, color, and design of a product or its packaging can be trade dress. Likewise, the decor and color scheme of a restaurant or store also can be trade dress.
Trade secrets generally protect competitively valuable information such as, for example, formulas, patterns, devices, business methodologies, and compilations of information. A trade secret remains enforceable as long as reasonable efforts have been taken to keep it “secret” or confidential.
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PATENT FAQ
What Does it Protect?
The exclusive right to make, use, and sell inventions, including new and useful processes, machines, certain designs, and certain varieties of plants, for a period of 20 years (excluding design patents).
Average Cost*?
Non-provisional: $5,000-$10,000 plus a $500 filing fee for up to 20 claims and professional draftsman fees. Provisional: $2,000-$4,000
plus a $100 filing fee.
Average Time to Issue?
1-3 years
Life of Patent?
20 years from filing date,
14 years if design patent
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TRADEMARK FAQ
What Does it Protect?
Prevents others in the marketplace from using a confusingly similar name, symbol, or device that is being used to indicate the source of goods.
Average Cost*?
Non-provisional: $975 legal fee plus $325 filing fee per class of goods.
Average Registration Time?
6 months to 1 year.
Life of Registration?
Perpetual if maintained.
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COPYRIGHT FAQ
What Does it Protect?
Prevents others from copying, making derivative works of, performing, distributing, or selling copies or counterfeits of original works of authorship, such as music, lyrics, books,plays, poems, paintings, sculpture, photographs, architectural designs, and software.
Average Cost*?
$400 legal fee plus a $45 filing fee.
Average Registration Time?
6 Months
Duration of Copyright?
Life of Author + 70 years
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SOFTWARE FAQ
Ways to protect software:
Copyright for software code
Patent for software processes
Licenses
Developer Agreements
Work-made-for-hire Agreements
What a CKPT attorney can do for me?
Assess and analyze the best methods of protection for your software.
Prepare, file, and prosecute patent and/or copyright applications.
Draft or negotiate licenses
Draft or assess employee and developer agreements
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| *These prices are estimates based on average costs involved in registering and protecting your intellectual property, fees are subject to change and vary with each client’s needs. CKPT does not and cannot gaurantee the success of any applications. |
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