PROTECTING YOUR MIND’S CREATIONS P ATENTS, TRADEMARKS, TRADE DRESS, COPYRIGHTS S TEVAN B OSSES, E...

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



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.”

https://en.wikipedia.org/wiki/United_States_Constitution

https://en.wikipedia.org/wiki/Enumerated_powers

https://en.wikipedia.org/wiki/United_States_Congress


PATENT LAWSUnited States Code Title 35 – Patents

(Usually abbreviated 35 USC)

WWW.USPTO.GOV


TRADEMARKSUnited States Code Title 15 - §1051 - 1129


COPYRIGHTSUnited States Code Title 17 - Copyrights


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



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.


What is a Machine? Examples: Electric motor

Fruit Juicer747®Roomba®

WHAT IS A MANUFACTURE?Examples:

Ball point penDesk chairSnow shovel


WHAT IS A COMPOSITION OF MATTER?Examples:

Kevlar®PenicillinCarbon NanoTube


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


What doesn’t the patent give the owner the right to do?

The right to make use or sell the patented invention.


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


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 - ®


http://en.wikipedia.org/wiki/Sign_(semiotics)

http://en.wikipedia.org/wiki/Design

http://en.wikipedia.org/wiki/Expression_(language)

http://en.wikipedia.org/wiki/Good_(economics_and_accounting)

http://en.wikipedia.org/wiki/Service_(economics)

WORD MARKSIBM®

MERCEDES BENZ®BURGER KING®

SCORE™


LOGOS


Service marks:VISA®ATT®

ATLAS VAN LINES®


Other Kinds of Marks

Sound marks:Serial Number : 72-349496Type of Mark: SERVICE MARKMark Drawing Code: (6) NO DRAWING


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”?



TRADE DRESS

What Is It?How is it protected?What are some examples?


Searching Trademarks

• Results of Abra Cadabra Search


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

http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4804:9v685d.2.1





http://tsdr.uspto.gov/#caseNumber=85309270&caseType=SERIAL_NO&searchType=statusSearch










































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


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


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

PROTECTING YOUR MIND’S CREATIONS P ATENTS, TRADEMARKS, TRADE DRESS, COPYRIGHTS S TEVAN B OSSES, E...

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