You’ve worked hard designing a WebSite with unique designs and a different kind of application. Maybe you’re offering a product or a service, and don’t want people to copy your offer.

The questions you want answered are: “How can I protect what I’ve ‘invented’?” and “Do I need a patent, a trademark, or a copyright?” This Success Tip will help you answer these questions.

Before you begin, you need to know three things.

First, even if you have an ironclad patent, trademark, or copyright, enforcing any one of these is difficult at best; and if you have to hire an attorney to enforce your rights, the cost can be astronomical.

Second, you can file for all three yourself, but if you expect to receive a patent or a trademark in your lifetime, you probably should hire a trained attorney to help you through your government’s maze of rules and regulations.

Third, just about any question you can ask has already been asked, and answers are available on the web and by phone. For patent and trademark information contact the U.S. Patent & Trademark Office (PTO) at: http://www.uspto.gov or 703-308-4357; and for copyright information, contact the U.S. Copyright Office (CO) at: http://www.lcweb.loc.gov/copyright, or 202-707-3000.

PATENTS
Patents come in two varieties: design patents with protection of 14 years and utility patents with protection of 20 years. A design patent is relatively easy to obtain, but it only protects the appearance or ornamental design of your invention. It’s not worth much as potential competitors can change the looks of your invention to circumvent your patent. A utility patent protects the function of your invention, and is much more complicated to obtain.

Putting the words: Patent Pending, or Pat Pend on your product only means your patent has been formally filed with the PTO. It doesn’t mean you are protected, but it may discourage someone from copying your design should you eventually receive a patent.

To obtain a patent, your invention must pass four major tests. One: Your invention must be a process, a machine, a manufacturing process, a composition, or a ‘new use’ of any of the above. Two: Your invention must be useful. Three: Your invention must contain at least one feature unknown to the public that sets it apart from every other similar invention. Four: Your invention must not be ‘obvious’ to someone in your industry.

TRADEMARKS
A trademark is a ‘brand name’. It is any distinctive word, symbol or combination of words and symbols that distinguishes your product from all the others out there. If you use your trademark on a regular basis, there is no expiration, but you do have to renew every ten years.

You can use the symbol ™ the moment you decide to use your trademark, but you can only use the ® after the PTO has registered your trademark. The ™ indicates you are ‘considering’ filing for a trademark, and may offer no protection.

To obtain a trademark, you will need to file either a ‘use’ application, meaning you are already using the trademark in your business; or filing an ‘intent to use’ application, meaning you intend to use the trademark. In some cases it’s possible to use the fact that you are already using your ‘brand name’ in a foreign country to obtain a trademark in the U.S. This one is tricky, so use an attorney.

COPYRIGHTS
A copyright is a legal protection for your expression of an idea, lasts for your lifetime plus 50 years, and needs no renewal.

Be careful here; a copyright only protects the way something looks or a particular arrangement of words, musical notes, or programming, and does not protect either the subject matter or the information you are conveying. The easiest way to explain a copyright is to say that authors, software programmers, composers, artists of all kinds (including graphic artists, cinematographers, advertisers, photographers, sculptors and others), can all copyright their material. You can’t copyright titles, lettering, slogans, forms, directories (that’s right . . . the phone book), ideas, or mailing lists (again, that’s right . . . email lists), or U.S. Government publications.

You can use the symbol © if you wish, but it isn’t necessary; your work is automatically copyrighted when you create it. To protect yourself, and to obtain damages and attorney fees if someone does copy your material, you need to file your work with the CO.

ATTORNEYS
If you intend to use an attorney, get a quote. Not just an hourly rate, but also an estimate of how much it will cost you in the end. Attorneys don’t like this, but will if you insist.

Look for an attorney that advertises he or she is competent in the particular field you need, and the check their credentials on the web at http://www.martindale.com. Be aware that most referral services from your local or state bar association are not much more than paid advertisements for the attorneys, so be sure you ask for references. Attorneys don’t like to do this either, and will use ‘confidentiality’ as a reason, but don’t let that deter you. The good ones will comply with your requests.