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If you want the help of a trained professional—and we’ll always point out situations in which we think that’s a good idea—consult an attorney licensed to practice in your state. please note Patent, Copyright & Trademark By Attorney Richard Stim 9th edition NINTH EDITION JULY 2007 Cover Design SUSAN PUTNEY Production SARAH HINMAN Index JANET PERLMAN Proofreading EMILY K. WOLMAN Printing CONSOLIDATED PRINTERS, INC. Stim, Richard. Patent, copyright & trademark / by Richard Stim. 9th ed. p. cm. ISBN-13: 978-1-4133-0646-0 ISBN-10: 1-4133-0646-2 1. Intellectual property United States Popular works. I. Title. II. Title: Patent, copyright, and trademark. KF2980.E44 2007 346.7304'8 dc22 2007002191 Copyright © 1996, 1997, 1999, 2000, 2002, 2003, 2004, 2006, and 2007 by Nolo and Richard Stim. ALL RIGHTS RESERVED. PRINTED IN THE U.S.A. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise without prior written permission. Reproduction prohibitions do not apply to the forms contained in this product when reproduced for personal use. For information on bulk purchases or corporate premium sales, please contact the Special Sales Department. For academic sales or textbook adoptions, ask for Academic Sales. Call 800-955-4775 or write to Nolo, 950 Parker Street, Berkeley, CA 94710. Acknowledgments A very big thanks to attorney Steve Elias. Steve wrote this book and edited the first three editions at a time when intellectual property was just beginning to surface in mainstream media. Thanks also to the Nolo production staff for maintaining this information in a palatable format. Table of Contents Introduction 1 How Intellectual Property Law Works 3 Determining What Rights Apply to Your Work 6 Intellectual Property Laws Chart 6 Self-Help Intellectual Property Resources From Nolo 10 Your Legal Companion 11 PART 1: Patent Law 13 Overview 14 Definitions 23 Forms 133 Statutes 159 PART 2: Copyright Law 185 Overview 186 Definitions 195 Forms 307 Statutes 319 PART 3: Trademark Law 343 Overview 344 Definitions 357 Forms 445 Statutes 459 PART 4: Trade Secret Law 486 Overview 486 Definitions 489 Forms 531 Statutes 545 Index 551 [...]... example, a jingle) and other material covered by trademark (the product or company name) The difference here is that copyright protects the literal expression, while trademark protects whatever is used to designate the source of a product or service being offered in the marketplace • Patent, copyright, and trademark Patent law can intersect with copyright and trademark law in the case of certain products... the filing date • Copyright and trademark It’s not uncommon for an item to be protected under both trademark and copyright law For example, the expressive artwork in a package design may be protected by copyright, while the overall look and feel of the package may be protected as a form of trademark Like- IntroDUCtion 5 wise, an advertisement may include some material covered by copyright (for example,... Nolo 10 Your Legal Companion 11 2 Patent, Copyright & Trademark I ntellectual property refers to products of the human intellect that have commercial value and that receive legal protection Typically, intellectual property encompasses creative works, products, processes, imagery, inventions and services and is protected by patent, copyright, trademark, or trade secret law The commercial... to Find Copyright- Free Writings, Music, Art & More, by Stephen Fishman, is an essential roadmap for determining whether music, writing, artwork, and movies are free to use IntroDUCtion 11 Trademark: Legal Care for Your Business & Product Name, by Stephen Elias, shows how to choose a distinctive name, conduct a trademark search, and register a mark with the U.S Patent and Trademark Office Web & Software... protection under intellectual property law Determining what can be protected and why used to be the exclusive domain of patent, copyright and trademark lawyers Unfortunately, few businesses, nonprofits, or educational institutions can afford to call an attorney with every 12 Patent, Copyright & Trademark question And lately, there are a lot more questions Globalization, digital data, and the Internet have... process for obtaining trademark protection among member countries Similarly, the Berne Convention establishes international copyright principles, and the Paris Convention and the Patent Cooperation Treaty offer harmonization for owners of patents Trade secrets may r eceive nternational protection under GATT (General Agreement on Tariffs and Trade) i 6 Patent, Copyright & Trademark Determining... etchings fabric ■ ■ fabric design ■ ■ ■ facts flow charts ■ ■ food inventions ■ ■ forms ■ formulas—chemical ■ ■ formulas—cosmetic ■ ■ ■ ■ ■ ■ ■ 8 Patent, Copyright & Trademark CREATIVE WORK APPLICABLE LEGAL RIGHTS Trade Unfair Secret Copyright Patent Trademark Competition No Rights formulas—food ■ ■ ■ ■ furniture design games—board, box, and instructions ■ ■ ■ hardware ■ ■ housewares ■ ■ ideas... patent was filed • Copyright law Copyrights are granted for original creative expressions produced by authors, composers, artists, designers, programmers, and similar creative individuals., Copyright law does not protect ideas and facts; only the manner in which those ideas and facts are expressed Copyright protection lasts a long time, often more than 100 years • Trademark law Trademark law protects... other signifiers to identify and distinguish their products and services This protection can last as long as the company uses the trademark in commerce—for example, many trademarks such as Coca-Cola and General Mills have been protected for over a century 4 Patent, Copyright & Trademark • Trade secret law A trade secret is any confidential information that gives a business a competitive advantage Under... Application 134 Preparing a Design Patent Application 153 Statutes 159 14 Patent, Copyright & Trademark Overview T here are three types of patents: utility patents, design patents, and plant patents Commonly, when people refer to a patent, they are referring to a utility patent, which allows the creator of a useful, novel, nonobvious invention to stop others from making, . Popular works. I. Title. II. Title: Patent, copyright, and trademark. KF2980.E44 2007 346.7304'8 dc22 2007002191 Copyright © 1996, 1997, 1999, 2000,. idea—consult an attorney licensed to practice in your state. please note Patent, Copyright & Trademark By Attorney Richard Stim 9th edition NINTH EDITION JULY