Patents, Copyrights & Trademarks For Dummies
Useful tips and step-by-step guidance from filing to issue to license\ Acquire and protect your share of this major business asset\ Want to secure and exploit the intellectual property rights due you or your company? This easy-to-follow guide shows you how — helping you to evaluate your idea's commercial potential, conduct patent and trademark searches, document the invention process, license your IP rights, and comply with international laws. Plus, you get detailed examples of each patent...
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Useful tips and step-by-step guidance from filing to issue to license Acquire and protect your share of this major business asset Want to secure and exploit the intellectual property rights due you or your company? This easy-to-follow guide shows you how — helping you to evaluate your idea's commercial potential, conduct patent and trademark searches, document the invention process, license your IP rights, and comply with international laws. Plus, you get detailed examples of each patent application type! Discover how to:Avoid application blundersRegister trademarks and copyrightsMeet patent requirementsNavigate complex legal issuesProtect your rights abroad The entire body of U.S. patent laws Example office actions and amendments Sample forms Trademark registration certificates Application worksheets See the CD appendix for details and complete system requirements.
Introduction1About This Book1Conventions Used in This Book2Foolish Assumptions3How This Book Is Organized3Icons Used in This Book5Where to Go from Here6Part ICovering Your Assets: Intellectual Property Basics7Chapter 1Examining the Tools in Your IP Box9Buying into Intellectual Property9Exploring the Patent Process11Copyrighting Your Creations13Claiming Your Identity: Trademarks and Other Commercial Handles14Keeping It Quiet: Trade Secrets16Putting It in Writing: Looking at Contractual IP Rights16Putting Your IP to Work at Home and Abroad17Chapter 2Protecting Your Intellectual Property19Examining Your Motives19Implementing an IP Program21Chapter 3Dealing with Professionals and Picking Up the Tab31Getting the Help That You Need31Finding and Retaining an IP Professional35Staying within Your Meager Means37Working with Foreign IP Professionals40Coordinating with Other Professionals41Part IIIf You Build It, They Will Come: Patenting Your Product43Chapter 4Understanding Patents and How They Work45Presenting a Patent Explanation45Dissecting the Beast: The Three Types of Patents47Checking Out the Mechanics: Specifications and Claims49Playing by the Rules: The Three-Part Patentability Test51Chapter 5Testing the Water Before You File for a Patent57Assessing What You Have57Making Sure a Patent Is Right for You60Starting Things Off on the Right Foot65Chapter 6The Quest for the Unholy Grail: The Patent Search67To Search or Not to Search68Conducting an Anticipation Search70Looking at Other Patent Searches77Chapter 7Preparing Your Patent Application79Understanding the Patent Application79Choosing between Formal and Provisional Applications80Deconstructing the Patent Application83Disclosing Your Invention in the Specification84Arguing Your Case for Patentability85Staking Your Claims87Actively Participating in Application Preparation95Chapter 8Filing Your Patent Application99Packaging the Application99Letting Go: Sending Your Application to the USPTO102Meeting Your Filing Deadlines102Keeping Your Application Under Wraps103Asking for Special Status106Preparing and Filing Some Simplified Patent Applications109Making Money and Taking Precautions While You Wait for Your Patent110Filing Again: Entering a Continuation Application111Chapter 9Wrestling with the Patent Examiner113Touring the USPTO114Clearing Initial Administrative Hurdles116Splitting Up Is Hard to Do: Restricting the Application119Getting In on the Action--The Office Action121Reacting to a Final Rejection135Getting Flagged for Interference137Requesting a Statutory Invention Registration140Avoiding a Third-Party Protest141Chapter 10Entering the Home Stretch: Getting Your Patent Issued143Getting the Green Light144Put the Champagne Down: Taking Corrective Action145Dealing with Defective Patents146Submitting to Reexamination152Changing the Names of the Inventors or Assignees156Remembering to Pay Maintenance Fees157Marking Your Widgets with the Patent Number158Part IIIKnowing Your Copyrights159Chapter 11Entering the Whimsical World of Copyrights161Getting to Know the Copyright162Defining an Original Work of Authorship162Determining What Is Copyrighted and What Isn't165The Scope of Copyright Protection168So What Does a Copyright Do for Me?171Chapter 12Untangling Ownership Issues179Staking a Claim: Making Sure That You Own the Copyright180Changing Owners: Transferring Interest in a Copyright185Investigating the Status of a Copyright187Chapter 13Giving Your Copyright Fangs189Making It Official: Registration189Finding and Filling Out Forms193Depositing Copies of the Work199Marking Your Copyrighted Work203Getting Help from Uncle Sam205Recording Copyright Documents206Part IVMaking Your Mark: Protecting Your Commercial Identity207Chapter 14Solving Your Identity Crisis209Hitting the Right Mark: A Commercial Identifier Inventory210Putting Commercial Identifiers to Work214Testing the Legal Strength of Commercial Identifiers218Chapter 15Creating the Next Household Name223Marketing Muscle: The Components of Good Commercial Identifiers224Trying the Tricks of the Trade227Avoiding the Seven Deadly Identifier Sins231Chapter 16Conducting an Availability Search235Practicing Prudence235Defining the Scope of Your Search237Carrying Out Your Search241Analyzing the Results244Chapter 17Establishing and Registering Your Commercial Identifier249Gaining Exclusive Rights to a Commercial Identifier250Registering Your Commercial Identifier250Preparing Your In-Use or ITU Application254Pushing Your Application Through the USPTO261Keeping Your Registration Up to Snuff268Losing Your Commercial Identifier269Part VExploiting and Enforcing Your IP Rights271Chapter 18All Abroad: Protecting Your IP Rights in Other Countries273Pros and Cons of International Patents273First Things First: Three Basic Rules of Filing for Foreign Patents276Charting a Course: Where Should You File Your Patent Application?277Filing for Design Protection Abroad286Protecting Your Plant Overseas287Protecting Your Mark Abroad288Copyrighting Overseas290Chapter 19Making 'Em Pay: Licensing Your IP Rights291Types of Licenses291Inspecting Basic Elements of a License293Assigning Rather Than Licensing298Getting Down to the Government Stuff298Adopting a Licensing Strategy300Making Beautiful Music Business301Chapter 20Nailing the Bad Guys (The Infringers)305Determining Infringement305Stopping Infringement Cold309Part VIThe Part of Tens315Chapter 21Top Ten Patent Application Pitfalls317Choosing a Utility Patent When Other Protection Will Fit the Bill317Filing When You Can't Afford It317Going It Alone318Concealing the Past318Showing Your Hand318Naming a Non-Inventor319Disclosing Too Little319Disclosing Too Much319Waiting Too Long320Accepting Money in Exchange for a Share of the Profits320Chapter 22Ten Common Copyright Questions321I Wrote a Children's Story: Can I Get a Copyright?321I Coined a Campaign Slogan for the Next Election: Can I Copyright It?321I Have an Idea for a TV Show: How Do I Get It Copyrighted?322How Much of a Copyrighted Work Can I Copy without Infringing the Copyright?322I'm Designing a Web Site: Can I Use Graphics Copied from a Magazine?322Can I Use a Popular Song in a Video Clip of My Dog to Send to America's Funniest Animals?322I'm a Teacher: Can I Copy a Page from a Book and Give the Copies to My Students?323How Long Does a Copyright Last?323Where Can I Get Permission to Copy a Protected Work?323Can I Protect Software with a Copyright and a Patent?323Chapter 23The Ten Worst Naming Blunders325Using Your Family Name325Mimicking Another Company's Brand326Describing Your Product or Service326Having Brainstorming Sessions326Holding a Naming Contest327Ignoring the Customer327Creating Techno-Babble327Choosing Availability over Exclusivity327Relying on the Logo328Leaving Your Mark Unprotected328Chapter 24More Than Ten Great IP Resources329Contacting the USPTO for General Info329Contacting the U.S. Copyright Office330Accessing Online Applications330Old-Fashioned Application Access331Getting Down with Government Manuals331The Government Printing Office332Inquiring about IP Litigation Info332Further Reading for the IP-Addicted332Appendix333Index341
