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Frequently Asked Questions
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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