PROTECTING YOUR BUSINESS IDEA:

If you are planning to start a business that will profit from an idea you've thought up or believe you have thought up, whether it be of literary content, a symbol, and/or an idea for a new invention, you will want to take steps to prevent someone else from "stealing" it and making a profit from it.

Below discusses Copyrights, Patents and Trademarks as a means to protect your invention or business idea.

COPYRIGHT:

A copyright protects any literary, artistic, musical or dramatic work developed by its creators as indicated under the Copyright Act. For example, if you own a business that has developed a computer program, the literature in the computer program can be protected by a copyright. Or if you have developed a manual on "How to Stop Smoking", a copyright will protect the manual itself, thus discouraging others from copying the material and selling it to others.

In terms of duration, the copyright remains the property of its creator until their death plus fifty years thereafter.

Many countries have an automatic protection for its citizens that states; in most cases, the moment a citizen creates a work that falls under one of the four categories eligible for copyright, they are the copyright holder and are therefore protected from infringement by non-copyright holders (infringement meaning publishing, copying or performing work without the permission of the copyright holder). This approach is not recommended since it becomes extremely difficult to prove in the courts that your are the rightful owner of the material. Therefore, it is wise to register the material under the Copyright Act. Upon registering your material, you will receive a certificate proving you are indeed the copyright holder and the owner of the work. If a lawsuit did occur, you have proof that you are the rightful owner.

To register for a copyright, contact the appropriate copyright office to obtain the necessary forms (US and Canadian copyright offices are listed below). In addition, you will be required to pay a modest filing fee. You will mail your application forms, your filing fee, and a copy of the material to be copyrighted to the appropriate address listed below. Once your copyright registration becomes effective, you can show the material is protected by including a Copyright Notice on your work. A Copyright Notice consists of three components;

1.    the symbol ©, or the word copyright, or the abbreviation "Copr"

2.    the year the material was first published

3.    the name of the copyright holder

HERE ARE SOME EXAMPLE OF COPYRIGHT NOTICES:

• Copyright, 1990, Your Company
  Copr, 1994, Your Organization
  © Copyright, 1995, John Doe

For additional information on copyrights, call the Copyright Office at the telephone number below. You will be prompted by a menu driven recording that provides various topics ranging from "what is a copyright" to "how to order the required copyright application forms". This process is simple; requiring little time and effort. Here are the addresses and telephone numbers for the US and Canadian Copyright Offices.  

Related web links include:  1) Additional info on Copyrights and  2) Canadian Copyright Database.

US Copyright Office:

Copyright Office
Library of Congress
Washington, D.C. 20559
Telephone: (202) 707 3000

Canadian Copyright Office:

Copyright Office
Canadian Intellectual Property Office
Industry Canada
50 Victoria Street
Place du Portage, Phase 1
Hull Quebec K1A 0C9
Telephone:(819) 997-1936

TRADEMARKS

Corporate symbols, words, sounds, and designs are items that can be protected under the Trademark Act. Companies trademark their product names and slogans in order to distinguish themselves from other businesses. Examples of common trademarks would include Chevrolet, Pampers, Crest, Head & Shoulders, Built Ford Tough, Snap Crackle and Pop, The New Generation, and Pepsi-Cola. If you plan to sell a new soda pop and call it Pepsi-Cola, with a slogan, the "UnCola", you would undoubtedly have a few lawsuits on your hands. You will alleviate any possible trademark infringement by contacting and registering your own sounds, words, designs, slogans, and brand names with the Patent and Trademark Office. The address and telephone number is provided at the end of this section.

To register a trademark, you must complete an application form provided by the Trademark Office. You will be charged a modest registration fee depending upon the nature of the trademark. Be prepared to send four drawings of your trademark on a piece of paper no larger then 7cm by 7cm and include a separate sheet with a description of the colors to be claimed for your Trademark. If your design is to be trademarked, you may be required to send labels or displays to show how it is actually used. Your application then goes through an examination to make sure it meets all requirements. When the trademark is approved, your business will have complete control over using it. The useful life of a trademark is 15 years, at which time, the business has the option of renewing it or abandoning it.

To show that your symbol, design, jingle, sound, slogan, or name has been registered as a trademark, you are required to place the initials TM after the trademarked item each time it is used. For trademark information contact the Patent and Trademark Office.

Related web links include:   1) Additional info on Trademarks and 2) Canadian Trademarks Database

US Patent and Trademark Office:

Patent and Trademark Office
U.S. Department of Commerce
Washington, D.C. 20231
Telephone:(703) 308- 4357

Canadian Patent and Trademark Office:

Patent and Trademark Office
Canadian Intellectual Property Office
Industry Canada
50 Victoria Street
Place du Portage, Phase 1
Hull, Quebec, K1A 0C9
Telephone:(819) 997-1936

PATENTS

A patent protects the development of new machines or mechanical devices. In essence, it allows the innovative company the right to make, use, and sell their invention, while at the same time, prohibits other companies from such activities. An idea or a principle cannot be patented. In other words, the invention must be an actual object invented and not just an idea for inventing the object. For example, the inventors of the Digital Video Recorder would have had to develop a finished unit before it could have obtained a patent. Therefore, it's advised that each inventor undertake a preliminary search in their local patent office in order to make sure their invention is indeed their own idea and not already patented by someone else. There is no need to waste your time and money if the new machine or mechanical device has already been invented and patented.

Once the preliminary search is completed, you will fill out a formal application along with a written petition asking the "Commissioner of Patents" to grant you a patent. You will be required to pay a fee and submit a petition, an abstract, a specification, a claim, and applicable drawings illustrating your invention. For specifications relating to your particular invention, we advise you to contact the patent office (see below for address and telephone number).

Usually eight months after your filing date, your application will be made public so that others can learn of your invention and its advancement in technology and knowledge, for instance. This does not give others the right to make, use, or sell your invention, but rather it allows society the right to learn from it.

The useful life of a registered patent is 17 years. At the end of the 17th year, the company holding the patent can still produce and sell the protected product, however other companies will also be eligible to make, use, or sell it.

For additional information on patents and trademarks, call the phone number below. You will be prompted by a menu driven recording that provides basic and more advanced information on these items. Here are the addresses and telephone numbers for the US and Canadian Patent and Trademark Offices.

Related Web Links include:  1) Additional Info on Patents and   2) Canadian Patent Database

US Patent and Trademark Office:

Patent and Trademark Office
U.S. Department of Commerce
Washington, D.C. 20231
Telephone:(703) 308- 4357

Canadian Patent and Trademark Office:

Patent and Trademark Office
Canadian Intellectual Property Office
Industry Canada
50 Victoria Street
Place du Portage, Phase 1
Hull, Quebec, K1A 0C9
Telephone:(819) 997-1936