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Government Information & Access Services SLIS 5660 Yvonne J. Chandler, Assistant Professor
Government Information & Access Services SLIS 5660 Yvonne J. Chandler, Assistant Professor
Government Information & Access Services SLIS 5660 Yvonne J. Chandler, Assistant Professor
INTELLECTUAL PROPERTY
PATENTS - relate to inventions TRADEMARKS - relate to product names or symbols COPYRIGHT - relate to literary or creative works
INTELLECTUAL PROPERTY Patents & Copyrights grant exclusive rights for a limited time after which the work or invention enters the public domain
and Trademark Office of the Department of Commerce (USPTO) The USPTO grants patents, issues trademarks, and administers patent and trademark laws USPTO accessible on the WWW
Information on Patents
PATENTS
Patent holders receive exclusive rights to make, use, or sell an invention, design, or plant. The patentee must file a detailed description of the invention which is published by the government. Public disclosure provides a reservoir of technical information. Some companies prefer to protect their inventions called Trade Secrets kept private to maintain a companys competitive advantage.
asexually reproduced distinct and new varieties of plants; including cultivated sports, mutants, hybrids, newly found seedlings, and living organisms
LENGTH OF PATENTS
PATENTS ARE GRANTED TO THE TRUE INVENTOR FOR:
UTILITY & PLANT PATENTS FOR 20 YEARS DESIGN PATENTS FOR 14 YEARS
PATENT PROTECTION
A United States Patent only protects the invention in this country Patent applications must be filed in each country to receive patent protection in foreign countries Half of US patents are granted to foreign nationals to protect their inventions in this country
PATENT APPLICATION
NONPROVISIONAL - begins the
examination process that may lead to a patent and includes a specification (description of the invention), drawing, & oath or declaration
GOVERNMENT PATENTS
Federal agencies patent inventions from health related, agriculture, scientific, and agriculture agencies. NTIS licenses businesses to use government inventions, cooperating government agencies notify NTIS of new inventions which are then included in the NTIS database. NTIS is the central source of information on government patents and pending patents except for the Departments of Energy and Defense and NASA who handle their own patent licensing NTIS indicates patents by the NTIS accession number and (PAT OR PAAT-APPL in front followed by the patent or application number
PATENT NUMBERS
Patent Number One was issued in 1836 Each number is assigned in numerical order Different numbered series for each type of patent Design Patents preceded by letter D or Des
OFFICIAL GAZETTE
Patents can be searched manually, WEB, online, or CDROM Patent summary is published in the Official Gazette in numerical sequence each week Official Gazette is sent to all depository libraries and is sold by the GPO
PATENT SEARCHING
Full patent can be examined at: Purchased from the Commissioner of Patents and Trademarks Patent & Trademark Depository Libraries
PTDLs on WWW http://www.uspto.gov/go/ptdl
U.S. PATENT & TRADEMARK OFFICE DATABASES - Full-Text Database and Bibliographic Database
http://www.uspto.gov/patft/index.html
http://patents.uspto.gov/access/searchbool.html
Classification and Search Support System (CASSIS) CASSIS is the CD-ROM indexes to US patents & trademarks CASSIS/BIB CD-ROM CASSIS/ CLASS CD-ROM CASSIS/ASSIGN
FOREIGN PATENTS
Patents provide protection in their country of issue. Must have patent for each country. Paris Convention and the Patent Cooperation Treaty provide reciprocal protection and filing rights in member countries. UN - World Intellectual Property Organization administers the Paris Convention
WHAT IS A TRADEMARK
TRADEMARK - Either a word, name, phrase, color, smell, symbol or design, or combination of words, phrases, symbols, or designs that identifies and distinguishes the source of the goods or services of one party - appears on the product or on its packaging (TM - trademark) TRADENAME - virtually the same as trademark SERVICE MARK - Identifies and distinguishes the source of a service rather than a product appears in advertising for the services (SM service mark)
TRADEMARKS
Trademarks are renewable indefinitely as long as the mark is being used
TRADEMARK PROTECTION
United States registration provides protection only in the U. S. and its territories. The owner of a trademark must protect the mark in other countries under that countries relevant laws
RIGHTS IN A MARK
Rights arise from either:
RIGHT TO USE - actual use of a mark in commerce RIGHT TO REGISTER - or the filing of an application to register a mark in the PTO stating that the applicant has a bona fide intention to use the mark in commerce. The registration symbol is used when the mark is registered and signifies ownership and all the commercial and legal benefits that may derive by virtue of ownership.
OFFICIAL GAZETTE
Official Gazette of the U.S. Patent and Trademark Office - Trademarks lists trademarks and has index of registrants Index of Trademarks - annual index to the Gazette
Trademark Database on the Web from the USPTO - full bibliographic text of pending and registered trademarks as of July 1, 1998
http://www.uspto.gov/tmdb/index.html
PTDL Databases
X-Search - Trademark Automated Search System TRAM - Trademark Reporting and Monitoring Available at Patent and Trademark Depository Libraries
TRADEMARK SOURCES
TRADEMARKSCAN - database of all active
registered trademarks or services marks, and applications for registrations - avail. on Dialog
COPYRIGHT
Copyright Law protects authors, artists, & others from theft of their intellectual property
COPYRIGHT
Copyright protects intellectual property including; game boards & rules art motion pictures sound recordings computer programs architectural blueprints advertisements labels maps
books
music plays choreography photographs
The Copyright Law is published on the WWW at the Library of Congress Web Site COPYRIGHT LAW OF THE UNITED STATES OF AMERICA
http://lcweb.loc.gov/copyright/title17/
COPYRIGHT
Copyright protection is granted for the length of the authors life plus 50 years. Joint works are copyrighted for the lifetime of the last surviving author plus 50 years
COPYRIGHTABLE WORKS
WORKS OF FACT - news stories,
telephone directories, photographs, new footage WORKS OF FUNCTION - computer programs (operating systems) or computer programs (applications) WORKS OF ART - scripts, film, sculpture
Overlapping Protection - some works are eligible for both copyright and patent protection
COPYRIGHT
US and other nations enjoy reciprocal copyright protection as members of the Universal Copyright Convention (UCC) and the Berne Convention for the Protection of Literary and Artistic Works. Member nations honor each others copyrights and allow infringement suits to cross national borders
Copyrights are registered by the Register of Copyrights within the Library of Congress http://lcweb.loc.gov/copyright/ The Copyright Office records dating from 1978 to the present including registration information and recorded documents are available via LOCIS (Library of Congress Information System)
http://lcweb.loc.gov/copyright/rb.html
Intellectual Property Judicial Information Sources U. S. Patents Quarterly published by BNA Patent, Trademark & Copyright Journal - published by BNA