What is a patent?
A patent is an exclusive right to make, use or sell an invention, to offer your invention for sale, or to import it into the United States.
What is an exclusive right?
An exclusive right is your right to be the only one who may do something and the only one to decide whether anyone else may do it. When you allow someone else to use some or all of your exclusive rights to your patented invention it is called a license.
Do I have to make a prototype before I can patent my invention?
The only reason a prototype might be required before filing a patent application is if there is uncertainty whether the invention works or testing is necessary to finalize the invention.
Can I protect my invention by mailing a description of it to myself using Certified Mail?
No. Between multiple independent inventors competing for the patent rights to an invention, the first inventor to file a proper application with the U.S. Patent and Trademark Office will be awarded the rights. The dates on which the invention was conceived or made are not considered.
Can a recipe for cooking be patented?
Generally, no. In order to be patentable, the “recipe” would have to involve something akin to a new and unexpected chemical reaction.
What is a trademark?
A trademark is an exclusive right to use a term, a logo or any other thing in connection with goods or services in order to identify you as the source of the goods or services.
What is an exclusive right?
An exclusive right is your right to be the only one who may do something and the only one to decide whether anyone else may do it. When you allow someone else to use some or all of your exclusive rights to use your trademark in connection with the sale of goods made by them it is called a license.
My brand includes the F-word! Can I trademark it?
Yes you can. As long as a mark is not obscene, offensive language can be used in a trademark in accordance with the First Amendment and the USPTO will treat the trademark like any other. How the mark will be accepted by consumers of your goods or services is left entirely to your judgment.
I already have an assumed name. Doesn’t that keep other people from using my business name?
Registering an assumed name (DBA), or forming a business entity under the name, does not give you the right to use the name in violation of the trademark rights of another, and does not give you trademark rights in the name or allow you to interfere with anyone else’s right to use the same or a similar name.
What is a copyright?
A copyright is an exclusive right copy or distribute copies of a creative work, including the exclusive rights to perform your creative work publicly and to make a new creative work based on your work.
What is an exclusive right?
An exclusive right is your right to be the only one who may do something and the only one to decide whether anyone else may do it. When you use your exclusive rights to let someone else sing your copyrighted song for sale on their album it is called a license.
Can artificial intelligence (AI) be a copyright author?
No. An original work of authorship must be created by a human. That said, a corporation can be considered the author of copyrighted work. In the case of a work made for hire, the employer or other person for whom the work was prepared is considered the author for copyright purposes.
I want to use some material prepared by the U.S. government. Do I need copyright permission?
A work prepared by an officer or employee of the U.S. government as part of that person’s official duties is not subject to copyright protection and permission is not required to use the material.
The U.S. government can, however, own copyrights that have been transferred to it for works that were not prepared by the government in which case permission to use the material may be required. Additionally, the copyrights in a work prepared by a civilian member of the faculty of one of various teaching institutions operated by the U.S. government are owned by the faculty member. As a result, if you are not sure whether the work is actually a work of the United States government you should seek legal advice before using the material.
Can I make a backup copy of a computer program?
It is not a copyright infringement for the owner of a copy of a computer program to make a backup copy, so long as all copies made are destroyed when you no longer possess the computer program.
Many computer programs, however, are licensed and not owned by the user. If your computer program has a license agreement you should check whether a backup copy is permitted to avoid liability for breach of contract.