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1. ARE THERE ALTERNATIVES TO PATENT PROTECTION?
In most instances, the answer is simply NO; there are no effective
alternatives to patent protection. Some inventions can be kept confidential
and thereby be protected as "trade secrets" but generally
this is not possible. In such circumstances, contractual secrecy
agreements can be used to keep those to whom the secrets of the
invention have been revealed from disclosing the invention to others
but such agreements are only effective with respect to the specific
parties involved and for a limited time.
2. WILL A TRADEMARK OR A COPYRIGHT PROTECT
MY INVENTION?
Trademark and copyright protection are available, but do not provide
protection for inventions. A trademark registration can be used
to prevent others from infringing or misusing a company name or
trade name but would but be used to prevent infringement of an invention,
as long as a different trade name or trademark was used for the
invention device or apparatus etc. A copyright can be used to prevent
unauthorized copying of certain types of written or otherwise recorded
original or artistic works but cannot be used to protect inventions.
For example, a copyright could be used to stop unauthorized copying
of a book describing an invention but could not be used to stop
unauthorized use of the invention itself; computer programs are
best protected by copyright registration.
3. WHAT IS A DISCLOSURE DOCUMENT?
The patent and trademark office will accept and preserve, for a
limited time, an informal description of an invention known as a
"Disclosure Document". An inventor can easily file such
a document but it does not provide any form of legal protection
It simply provides evidence for aiding in establishing the date
of conception of the invention disclosed. Registered self-addressed
letters are useless, as they are not considered legal evidence of
conception of the invention.
4. WHAT DOES PATENT PENDING MEAN?
It means that the inventor has filed a U.S. Patent Application;
and advises others that the owner of the invention will enforce
his/her rights when the patent is issued.
5. CAN I SUE FOR INFRINGEMENT BEFORE MY
PATENT ISSUES?
You cannot sue after mere filing, the patent has to have issued
before you can sue for infringement.
6. I SAW AN INVENTION ON T.V. THAT I INVENTED
5 YEARS AGO, DO I HAVE ANY RIGHTS?
More than likely, NOT; you lost the opportunity to develop rights
for the invention by not filing a patent application.
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