PROTECTING YOUR MIND’S CREATIONS
PATENTS, TRADEMARKS, TRADE DRESS, COPYRIGHTS
STEVAN BOSSES, ESQ.SCORE [email protected]
STEVAN J. BOSSES BIO
Cornell University BME (Bachelor of Mechanical Engineering)
Columbia University LLB (now JD)
42 Years as a practicing lawyer specializing in IP (Intellectual Property) matters, particularly patents and trademarks
PROTECTING YOUR MIND’S CREATIONS
PROTECTING YOUR MIND’S CREATIONS
United States Constitution,Article I, Section 8, Clause 8
Empowers the United States Congress:
“To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”
PROTECTING YOUR MIND’S CREATIONS
PATENT LAWSUnited States Code Title 35 – Patents
(Usually abbreviated 35 USC)
WWW.USPTO.GOV
PROTECTING YOUR MIND’S CREATIONS
TRADEMARKSUnited States Code Title 15 - §1051 - 1129
PROTECTING YOUR MIND’S CREATIONS
COPYRIGHTSUnited States Code Title 17 - Copyrights
PROTECTING YOUR MIND’S CREATIONS
WHAT IS PATENTABLE?
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful
improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
35 USC §101
WHAT IS NOT PATENTABLE?
A patent may not be obtained ….if the differences between the subject matter
sought to be patented and the prior art are such that the subject matter
….would have been obvious ….to a person having ordinary skill in the art …
35 USC §103
PROTECTING YOUR MIND’S CREATIONS
PROTECTING YOUR MIND’S CREATIONS
WHAT IS A PROCESS?
One example:
• Mix flour, cream of tartar, baking soda and salt in large bowl. Set aside. Beat sugar and butter in large bowl with electric mixer on medium speed until light and fluffy. Add eggs and vanilla; mix well. Gradually beat in flour mixture on low speed until well mixed.
• Refrigerate dough 2 hours or until firm.• Preheat oven to 400°F. Shape dough into 1-inch balls. Roll in additional sugar or Colored Sugar. Place 2
inches apart on baking sheets.• Bake 6 to 8 minutes or until lightly browned. Cool on baking sheets 1 minute. Remove to wire racks; cool
completely.
PROTECTING YOUR MIND’S CREATIONS
What is a Machine? Examples: Electric motor
Fruit Juicer747®Roomba®
WHAT IS A MANUFACTURE?Examples:
Ball point penDesk chairSnow shovel
PROTECTING YOUR MIND’S CREATIONS
WHAT IS A COMPOSITION OF MATTER?Examples:
Kevlar®PenicillinCarbon NanoTube
PROTECTING YOUR MIND’S CREATIONS
What rights do patents confer on their owners?
The right to prevent others from making using or selling in this country any patented invention during the term of the patent
and the right to prevent others from importing into this country any patented invention during the term of the patent. 35 USC § 271
PROTECTING YOUR MIND’S CREATIONS
What doesn’t the patent give the owner the right to do?
The right to make use or sell the patented invention.
PROTECTING YOUR MIND’S CREATIONS
HOW LONG DOES A PATENT LAST?
for a term beginning on the date on which the patent issues and ending 20 years from the date on which the application for the patent was filed in the United States.
35 USC §154
PROTECTING YOUR MIND’S CREATIONS
WHAT IS A TRADEMARK?
“a recognizable sign, design or expression which identifies products or services of a particular source from those of others.” (Wikipedia)There are many kinds of trademarks but the most common are Word Marks, Service Marks and Logos.Before they are registered – Word marks ™ Service marks ℠After they are registered - ®
PROTECTING YOUR MIND’S CREATIONS
WORD MARKSIBM®
MERCEDES BENZ®BURGER KING®
SCORE™
PROTECTING YOUR MIND’S CREATIONS
LOGOS
PROTECTING YOUR MIND’S CREATIONS
Service marks:VISA®ATT®
ATLAS VAN LINES®
PROTECTING YOUR MIND’S CREATIONS
Other Kinds of Marks
Sound marks:Serial Number : 72-349496Type of Mark: SERVICE MARKMark Drawing Code: (6) NO DRAWING
PROTECTING YOUR MIND’S CREATIONS
HOW LONG DOES A TRADEMARK LAST?
Each registration shall remain in force for 10 years.17 USC 10
Trademarks are renewable as long as they are still in use.
However, Trademarks can be lost!!!cellophane
ElevatorWhy does 3M say “Scotch brand cellophane tape”?
PROTECTING YOUR MIND’S CREATIONS
PROTECTING YOUR MIND’S CREATIONS
TRADE DRESS
What Is It?How is it protected?What are some examples?
PROTECTING YOUR MIND’S CREATIONS
Searching Trademarks
PROTECTING YOUR MIND’S CREATIONS
Searching Trademarks
PROTECTING YOUR MIND’S CREATIONS
Searching Trademarks
• Results of Abra Cadabra Search
PROTECTING YOUR MIND’S CREATIONS
Current Search:
S1:
(Abra Cadabra)[COMB]
docs: 9 occ: 34
Serial Number Reg. Number Word Mark Check Status Live/Dead
1 85309270 ABRA-CADABRA ... LOOK WHAT YOUR RECYCLING HAS BECOME
TSDR DEAD
2 78521659 ABRA-CADABRA TSDR DEAD
3 76713359 4577885 ABRA-CADABRA TSDR LIVE
4 76710770 ABRA-CADABRA JUNK BE GONE TSDR DEAD
5 74329921 1824173 ABRA CADABRA TSDR DEAD
6 73692206 1516244 ABRA CADABRA TSDR DEAD
7 73503423 ABRA CADABRA TSDR DEAD
8 73167909 1105412 ABRA-CADABRA! TSDR DEAD
9 72267934 0848772 ABRA-CADABRA! TSDR DEAD
WHAT IS A COPYRIGHT?
Copyright protection subsists… in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.
17 USC. §102
PROTECTING YOUR MIND’S CREATIONS
WHAT KINDS OF THINGS ARE COPYRIGHTABLE?
(1) literary works;(2) musical works, including any accompanying words; (3) dramatic works, including any accompanying music; (4) pantomimes and choreographic works; (5) pictorial, graphic, and sculptural works; (6) motion pictures and other audiovisual works; (7) sound recordings; and (8) architectural works.
17 USC. §102
PROTECTING YOUR MIND’S CREATIONS
HOW LONG DOES A COPYRIGHT LAST?
Copyright in a work created on or after January 1, 1978, subsists from its creation and, except as provided by the following subsections, endures for a term consisting of the life of the author and 70 years after the author’s death.
17 USC §302