Myths and Misunderstandings

Patent Myths: (to copyright myths, trademark myths)

A patent protects what is shown in the drawings - wrong -

• The patent claims define the scope of protection, not the drawings.

• The drawings only illustrate the examples.

• A good application is filed with claims broader than the examples.

• The claims issued might remain broader than the examples.

• The claims issued might no longer include all examples.

• more topics - patent applications, patent ready, patent infringement

A provisional patent is the normal or preferred first step on the road to obtaining a patent - wrong -

• The normal and preferred first step is a nonprovisional application.

• While there are legitimate uses for a provisional patent application, it increases overall costs and it has risks for anyone not experienced in patent matters.

• Using the provisional patent application route to obtain a "patent pending" can destroy the potential for obtaining meaningful patent protection down the line.

• more topics - about provisionals, provisional template

Something shown and/or described in an expired patent can be re-patented - wrong -

• What is shown and/or described in any patent, expired or not, is known.

• Something known cannot be new.

• To be patentable, the subject matter must be new.

• To be patentable, the subject matter must also be nonobvious in comparison to what is known.

• more topics - before you invest, patent searches

other topics - slogans, no idea protection in copyright, patent term, patent or trademark it, patent ready

Copyright Myths (to patent myths, trademark myths)

Your new slogan is copyrightable - wrong -

• Short slogans are not considered to embody sufficient authorship for copyright protection.

• If, however, the slogan is used as a trademark, protection might be available under the trademark laws.  See slogans, about trademarks.

Copyright is an inexpensive way to protect your invention - wrong -

• Publish and the invention will become public domain property.

• Copyright is not a "poor man's patent" no matter who claims it is.

• Copyright does not protect the ideas or techniques or information.  more

Avoid infringement by changing five features - probably wrong -

• The test will be similarity between yours and theirs.

• If the key features remain in yours, which they often do, copyright infringement has not been avoided.

You purchased an original painting and now you own the copyrights - wrong -

• The purchase of an original art object does not pass on the author's copyrights thereto.

• Copyrights can, however, be transferred by contract.

other topics - About Copyrights, About Copyright Registrations, IP Symbols

Trademark Myths (to patent myths, copyright myths)

It is better to register a logo, or the words in a special font style, rather than just the plain words – wrong -

• Registration of the words in standard character form usually provides broader protection.

• Protecting the words is normally more important than graphics.

• Registering the words in standard character form permits changes to the font style without re-registration.

Infringement is avoided if a word is misspelled or used with different graphics – probably wrong -

• Spelling variations, including misspellings, are unlikely to side-step confusing similarity, particularly if the meaning and pronunciation has not changed.

• Spelling variants are usually considered equivalents in trademark law.

• If a mark is likely to be confused with another's in the marketplace, infringement probably (but not always) exists.

A telephone number or address following the trademark is acceptable - wrong -

• If it is followed by a telephone number or address or email address, it is a trade name, not a trademark.

• A trade name identifies a business, and a business has a telephone number, address, etc.

• A trademark is a brand name, and has no telephone number, address, etc.

• The same words can be used both as a trademark and as a trade name, but never as both as the same time.

• Trade name use will not support a trademark registration.

other topics - naming and branding, oppositions, trademark searches, trademark registrations, domain names, slogans

questions, inquiries - contact the firm (all contact modes) or call 312.419.8055