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by Henri Charmasson and John Buchaca
Patents, Copyrights
& Trademarks
FOR
DUMmIES
‰
2ND EDITION
Patents, Copyrights & Trademarks For Dummies,
®
2nd Edition
Published by
Wiley Publishing, Inc.
111 River St.
Hoboken, NJ 07030-5774
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Copyright © 2008 by H. Charmasson and J. Buchaca
Published by Wiley Publishing, Inc., Indianapolis, Indiana
Published simultaneously in Canada
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Library of Congress Control Number: 2008930832
ISBN: 978-0-470-33945-9
Manufactured in the United States of America
10 9 8 7 6 5 4 3 2 1
About the Authors
Henri Charmasson is an attorney with a 35-year career in the field of
intellectual property (IP) law. He has been a naming adviser to major corpo-
rations. Henri is also an inventor with his name on 15 U.S. patents and an
entrepreneur who sits on the board of several small business corporations.
In his early engineering career, Henri designed computer hardware. Henri has
authored several articles and delivered lectures on patent, copyright, trade-
mark and trade secret topics, and written an authoritative treatise about the
art of naming companies and branding new products. Born, raised, and edu-
cated in sunny Provence, France, he’s found in California the ideal place to
exert his enterprising spirit.
John Buchaca, also an Intellectual Property law attorney, is a former soft-
ware engineer and occasional inventor, and has worked with Henri for more
than 15 years. Indeed, when Henri wrote the first edition of this book, John
regarded himself as the “first dummy.” Before becoming a lawyer, he worked
in ocean acoustics analysis and modeling and computer programming. His
undergraduate degree is in applied mathematics. But his highest claim to
fame (according to Henri) is to be married to Henri’s daughter and to be the
father of two of Henri’s grandchildren. He lives in San Diego, California where
he is a partner at Charmasson, Buchaca & Leach, LLP, an IP law firm.
Dedication
To Marcia and Mari
Authors’ Acknowledgments
Thanks to our editorial team and particularly to our project editor,
Corbin Collins, who tactfully coached us into expressing many arcane
legal principles in limpid prose.
Publisher’s Acknowledgments
We’re proud of this book; please send us your comments through our Dummies online registration
form located at www.dummies.com/register/.
Some of the people who helped bring this book to market include the following:
Acquisitions, Editorial, and
Media Development
Project Editor: Corbin Collins
(Previous Edition: Mike Baker)
Acquisitions Editor: Tracy Boggier
Copy Editor: Corbin Collins
(Previous Edition: Laura Peterson)
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Erin Calligan Mooney
Technical Editor: Michelle Falkoff
Media Development Producer: Jenny Swisher
Editorial Managers: Jennifer Ehrlich
Editorial Supervisor and Reprint Editor:
Carmen Krikorian
Editorial Assistants: Joe Niesen, David Lutton,
Jennete ELNaggar
Cover Photos: © Comstock
Cartoons: Rich Tennant
(www.the5thwave.com)
Composition Services
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Layout and Graphics: Carl Byers,
Christin Swinford, Abby Westcott
Proofreaders: Melissa Bronnenberg,
Bonnie Mikkelson
Indexer: Potomac Indexing, LLC
Publishing and Editorial for Consumer Dummies
Diane Graves Steele, Vice President and Publisher, Consumer Dummies
Joyce Pepple, Acquisitions Director, Consumer Dummies
Kristin A. Cocks, Product Development Director, Consumer Dummies
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Publishing for Technology Dummies
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Contents at a Glance
Introduction 1
Part I: Corralling Your IP Assets:
Intellectual Property Basics 7
Chapter 1: Marshalling Your IP Tools 9
Chapter 2: Fencing In the Herd 19
Chapter 3: Calling in the Cavalry and Picking Up the Tab 29
Chapter 4: Trade Secrets: Often-Overlooked IP Tools 41
Part II: Going for the Gold: Patenting Your Product 49
Chapter 5: Understanding Patents and How They Work 51
Chapter 6: Testing the Patent Water Before You Dive in 63
Chapter 7: Hoping It Ain’t There: The Patent Search 75
Chapter 8: Preparing Your Patent Application 89
Chapter 9: Filing Your Patent Application 109
Chapter 10: Wrestling with the Patent Examiner 123
Chapter 11: Reeling In the Prize: Getting Your Patent Issued 151
Part III: Asserting Your Copyrights 167
Chapter 12: If It’s Got Style, You’ve Got Copyrights 169
Chapter 13: Untangling Ownership Issues 187
Chapter 14: Giving Your Copyright Fangs 197
Part IV: Protecting Your Commerical Identity 217
Chapter 15: Flashing Your Badge 219
Chapter 16: Coining the Next Household Name 233
Chapter 17: Searching for Name Availability 245
Chapter 18: Establishing and Registering Your Commercial Identifier 259
Part V: Making Your IP Rights Work for You 283
Chapter 19: All Abroad: Protecting Your IP Rights in Other Countries 285
Chapter 20: Making ’Em Pay: Licensing Your IP Rights 303
Chapter 21: Catching Them Rustlers (Infringers) 317
Part VI: The Part of Tens 327
Chapter 22: Ten Most Common IP Misconceptions 329
Chapter 23: Ten Patent Application Pitfalls 333
Chapter 24: Ten Practical Copyright FAQs 337
Chapter 25: The Ten Worst Naming Blunders 341
Appendix: How to Use the CD-ROM 345
Index 351
Table of Contents
Introduction 1
About This Book 1
Conventions Used in This Book 2
Foolish Assumptions 3
How This Book Is Organized 3
Icons Used in This Book 5
Part I: Corralling Your IP Assets:
Intellectual Property Basics 7
Chapter 1: Marshalling Your IP Tools . . . . . . . . . . . . . . . . . . . . . . . . . . . .9
Defining Intellectual Property 9
Exploring the Patent Process 11
Copyrighting Your Creations 13
Proclaiming Your Identity: Trademarks and
Other Commercial Handles 14
Keeping It Under Your War Bonnet: Trade Secrets 16
Let’s Make a Deal: Looking at Contractual IP Rights 16
Putting Your IP to Work at Home and Abroad 17
Chapter 2: Fencing In the Herd. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19
Questioning Your Motives 19
Implementing an IP Program 21
Chapter 3: Calling in the Cavalry and Picking Up the Tab . . . . . . . . . .29
Getting the Help You Need 29
Finding and Retaining an IP Professional 34
Staying within Your Meager Means 35
Working with Foreign IP Professionals 39
Coordinating with Other Professionals 40
Chapter 4: Trade Secrets: Often-Overlooked IP Tools. . . . . . . . . . . . . .41
Taking a Gander at Your Operation 41
Patenting or Secreting? 44
Safeguarding Your Trade Secrets 46
Patents, Copyrights & Trademarks For Dummies, 2nd Edition
xii
Part II: Going for the Gold: Patenting Your Product 49
Chapter 5: Understanding Patents and How They Work. . . . . . . . . . . .51
Defining the Nature of the Beast 51
Dissecting the Beast: Three Patent Types 53
Checking Out the Mechanics: Specifications and Claims 55
Playing by the Rules: The Three-Part Patentability Test 58
Chapter 6: Testing the Patent Water Before You Dive In . . . . . . . . . . .63
Assessing What You Have 63
Making Sure that 10-Gallon Hat Is Right for You 67
Starting Things Off on the Right Foot 72
Chapter 7: Hoping It Ain’t There: The Patent Search. . . . . . . . . . . . . . .75
The Preliminary Online Search: What Did We Do
without the Internet? 76
Upping the Ante: The Professional Anticipation Search 77
Conducting Your Own “Professional” Anticipation Search 79
Looking at Other Patent Searches 87
Chapter 8: Preparing Your Patent Application . . . . . . . . . . . . . . . . . . . .89
Understanding the Patent Application 89
Choosing Between Formal and Provisional Applications 90
Deconstructing the Patent Application 92
Disclosing Your Invention in the Specification 94
Arguing Your Case for Patentability 95
Staking Your Claims 96
Chapter 9: Filing Your Patent Application . . . . . . . . . . . . . . . . . . . . . . .109
Packaging the Application 109
Sending Your Application to the USPTO 112
Meeting Your Filing Deadlines 113
Keeping Your Application under Wraps 113
Asking for Special Status: Speeding Up Your Application 116
Preparing and Filing Patent Applications 118
Wise Things to Do While You Wait 120
Entering a Continuation Application 120
Chapter 10: Wrestling with the Patent Examiner. . . . . . . . . . . . . . . . .123
Touring the USPTO 124
Clearing Initial Administrative Hurdles 126
Splitting Up Is Hard to Do: Restricting the Application 128
Getting In on the Office Action 130
Reacting to a Final Rejection 145
Getting Flagged for Interference 147
Requesting a SIR 149
xiii
Table of Contents
Chapter 11: Reeling In the Prize: Getting Your Patent Issued . . . . . .151
Getting the Green Light 152
Put Down the Champagne: Taking Corrective Action 153
Dealing with Defective Patents 154
Submitting to Reexamination 160
Changing the Names of the Inventors or Assignees 164
Remembering to Pay Maintenance Fees 165
Marking Your Widgets with the Patent Number 165
Part III: Asserting Your Copyrights 167
Chapter 12: If It’s Got Style, You’ve Got Copyrights . . . . . . . . . . . . . . .169
Getting to Know the Copyright 169
Defining an Original Work of Authorship 170
Determining What Is Copyrighted and What Isn’t 173
The Scope of Copyright Protection 175
So What Does a Copyright Do for Me? 179
Chapter 13: Untangling Ownership Issues . . . . . . . . . . . . . . . . . . . . . .187
Making Sure You Own the Copyright 187
Changing the Owner: Transferring Interest in a Copyright 192
Investigating the Status of a Copyright 194
Chapter 14: Giving Your Copyright Fangs. . . . . . . . . . . . . . . . . . . . . . . .197
Making It Official: Registration 197
Finding and Filling Out Forms 201
Depositing Copies of the Work 207
Marking Your Copyrighted Work 212
Getting Help from Uncle Sam 213
Recording Copyright Documents 214
Part IV: Protecting Your Commerical Identity 217
Chapter 15: Flashing Your Badge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .219
A Commercial Identifier Inventory 219
Putting Commercial Identifiers to Work 224
Testing the Legal Strength of Commercial Identifiers 228
Chapter 16: Coining the Next Household Name . . . . . . . . . . . . . . . . . .233
Marketing Power: Components of Good Commercial Identifiers 234
Trying the Tricks of the Trade 237
Avoiding the Seven Deadly Sins 241
[...]... descriptions, this book is for you How This Book Is Organized Patents, Copyrights & Trademarks For Dummies, 2nd Edition, is organized so that you can easily access the information that you need We’ve put the material in six parts, each with chapters related to a common theme We now give you a preview of coming attractions Projector, please 3 4 Patents, Copyrights & Trademarks For Dummies, 2nd Edition Part I:... on the CD 346 Troubleshooting 348 Wiley Publishing, Inc End-User License Agreement 348 Index 351 xv xvi Patents, Copyrights & Trademarks For Dummies, 2nd Edition Introduction W elcome to Patents, Copyrights & Trademarks For Dummies, 2nd Edition! We’ll try to make your visit as pleasant and enlightening as we can In our technology-driven world, intellectual property (IP)... through licensing agreements and other rewarding schemes Each of the main types of IP protection — patents, copyrights, and trademarks — is covered in its own complete part We also dedicate a chapter to the toooften overlooked subject of trade secrets 2 Patents, Copyrights & Trademarks For Dummies, 2nd Edition After reading this book, you’ll have a solid grasp of the processes involved in acquiring,... materials, ranging from forms to examples of back-and-forth communications with patent and trademark examiners In a pinch, the entire body of U.S IP laws is included as a surefire cure for insomnia Icons Used in This Book Marks tips and tricks that you can put to use to make your life easier while you’re protecting and profiting by your IP 5 6 Patents, Copyrights & Trademarks For Dummies, 2nd Edition Highlights...xiv Patents, Copyrights & Trademarks For Dummies, 2nd Edition Chapter 17: Searching for Name Availability 245 Practicing Prudence 245 Defining the Scope of Your Search 247 Carrying Out Your Search 250... under lock and key Whenever that happens to be the case, and you can’t keep some information as a trade secret, then you need to rely on other types of IP rights — patents, copyrights, or trademarks — for protection In Chapter 4, we explain how you can implement a trade secret strategy and how the law provides for enforcement of trade secrets in case of negligent or intentional disclosures We also... often called a Proprietary Rights Agreement See Chapter 13 for information on assigning and licensing copyrights and Chapter 15 for information about commercial identifiers The contract should always be in writing and be signed by all parties to the agreement You can also acquire contractual rights to intellectual property by buying a franchise for a specific type of business — fast-food and dry-cleaning... your IP assets? Sorry, Charlie, but an unprotected IP asset is up for grabs — anyone can copy it, steal it, or change it for the worse (possibly damaging your good reputation) The bottom line is that your unprotected IP will fatten the bad guy’s bottom line But there’s more to IP assets and rights than mere talk of patents, copyrights, and trademarks, and that’s what this chapter is all about First of... influenced by the pre-existing work For example, just think of how many books have recounted the life stories of the Kennedys Don’t forget: Unlike a patent, a copyright protects the form in which an idea or concept is expressed, not the idea or the concept itself Copyright basically doesn’t extend to abstractions or to anything technical or functional For example, an idea for a new TV program isn’t protected... perceptible and reproducible form without the need for any formality That means that as soon as you print out your great American novel, it’s already copyrighted That’s a big advantage over patents If, however, you want to sue someone for infringement — or worse yet, someone sues you — you need to prove that it’s actually your original work That’s why you should make it official and apply for a registration . by Henri Charmasson and John Buchaca Patents, Copyrights & Trademarks FOR DUMmIES ‰ 2ND EDITION Patents, Copyrights & Trademarks For Dummies, ® 2nd Edition Published by Wiley Publishing,. Agreement 348 Index 351 Patents, Copyrights & Trademarks For Dummies, 2nd Edition xvi Introduction W elcome to Patents, Copyrights & Trademarks For Dummies, 2nd Edition! We’ll try to. descriptions, this book is for you. How This Book Is Organized Patents, Copyrights & Trademarks For Dummies, 2nd Edition, is organized so that you can easily access the information that you need.
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