PROTECTING YOUR MINDS CREATIONS PATENTS TRADEMARKS TRADE DRESS

PROTECTING YOUR MIND’S CREATIONS PATENTS, TRADEMARKS, TRADE DRESS, COPYRIGHTS STEVAN BOSSES, ESQ. SCORE MENTOR SBOSSES@SCOREWESTCHESTER. COM

PROTECTING YOUR MIND’S CREATIONS STEVAN J. BOSSES BIO Cornell University BME (Bachelor of Mechanical Engineering) Columbia University LLB (now JD) 42 Years as a practicing lawyer specializing in IP (Intellectual Property) matters, particularly patents and trademarks

PROTECTING YOUR MIND’S CREATIONS United States Constitution, Article I, Section 8, Clause 8 Empowers the United States Congress: “To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries. ”

PROTECTING YOUR MIND’S CREATIONS PATENT LAWS United States Code Title 35 – Patents (Usually abbreviated 35 USC) WWW. USPTO. GOV

PROTECTING YOUR MIND’S CREATIONS TRADEMARKS United States Code Title 15 - § 1051 - 1129

PROTECTING YOUR MIND’S CREATIONS COPYRIGHTS United States Code Title 17 - Copyrights

PROTECTING YOUR MIND’S CREATIONS WHAT IS PATENTABLE? Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. 35 USC § 101

PROTECTING YOUR MIND’S CREATIONS WHAT IS NOT PATENTABLE? A patent may not be obtained …. if the differences between the subject matter sought to be patented and the prior art are such that the subject matter …. would have been obvious …. to a person having ordinary skill in the art … 35 USC § 103

PROTECTING YOUR MIND’S CREATIONS WHAT IS A PROCESS? One example: • Mix flour, cream of tartar, baking soda and salt in large bowl. Set aside. Beat sugar and butter in large bowl with electric mixer on medium speed until light and fluffy. Add eggs and vanilla; mix well. Gradually beat in flour mixture on low speed until well mixed. • Refrigerate dough 2 hours or until firm. • Preheat oven to 400°F. Shape dough into 1 -inch balls. Roll in additional sugar or Colored Sugar. Place 2 inches apart on baking sheets. • Bake 6 to 8 minutes or until lightly browned. Cool on baking sheets 1 minute. Remove to wire racks; cool completely.

PROTECTING YOUR MIND’S CREATIONS What is a Machine? Examples: Electric motor Fruit Juicer 747® Roomba®

PROTECTING YOUR MIND’S CREATIONS WHAT IS A MANUFACTURE? Examples: Ball point pen Desk chair Snow shovel

PROTECTING YOUR MIND’S CREATIONS WHAT IS A COMPOSITION OF MATTER? Examples: Kevlar® Penicillin Carbon Nano. Tube

PROTECTING YOUR MIND’S CREATIONS What rights do patents confer on their owners? The right to prevent others from making using or selling in this country any patented invention during the term of the patent and the right to prevent others from importing into this country any patented invention during the term of the patent. 35 USC § 271

PROTECTING YOUR MIND’S CREATIONS What doesn’t the patent give the owner the right to do? The right to make use or sell the patented invention.

PROTECTING YOUR MIND’S CREATIONS HOW LONG DOES A PATENT LAST? for a term beginning on the date on which the patent issues and ending 20 years from the date on which the application for the patent was filed in the United States. 35 USC § 154

PROTECTING YOUR MIND’S CREATIONS WHAT IS A TRADEMARK? “a recognizable sign, design or expression which identifies products or services of a particular source from those of others. ” (Wikipedia) There are many kinds of trademarks but the most common are Word Marks, Service Marks and Logos. Before they are registered – Word marks ™ Service marks ℠ After they are registered - ®

PROTECTING YOUR MIND’S CREATIONS WORD MARKS IBM® MERCEDES BENZ® BURGER KING® SCORE™

PROTECTING YOUR MIND’S CREATIONS LOGOS

PROTECTING YOUR MIND’S CREATIONS Service marks: VISA® ATT® ATLAS VAN LINES®

PROTECTING YOUR MIND’S CREATIONS Other Kinds of Marks Sound marks: Serial Number : 72 -349496 Type of Mark: SERVICE MARK Mark Drawing Code: (6) NO DRAWING

PROTECTING YOUR MIND’S CREATIONS HOW LONG DOES A TRADEMARK LAST? Each registration shall remain in force for 10 years. 17 USC 10 Trademarks are renewable as long as they are still in use. However, Trademarks can be lost!!! cellophane Elevator Why does 3 M say “Scotch brand cellophane tape”?

PROTECTING YOUR MIND’S CREATIONS TRADE DRESS What Is It? How is it protected? What are some examples?

PROTECTING YOUR MIND’S CREATIONS Searching Trademarks

PROTECTING YOUR MIND’S CREATIONS Searching Trademarks

PROTECTING YOUR MIND’S CREATIONS Searching Trademarks

PROTECTING YOUR MIND’S CREATIONS • Results of Abra Cadabra Search Serial Number 1 85309270 2 Curren t S 1: Search: 78521659 3 76713359 4 76710770 5 74329921 6 73692206 7 73503423 8 73167909 Reg. Number Word Mark Live/Dead ABRA-CADABRA . . . LOOK WHAT YOUR TSDR docs: 9 RECYCLING HAS BECOME DEAD TSDR DEAD (Abra Cadabr a)[CO occ: 34 ABRA-CADABRA MB] 4577885 Check Status ABRA-CADABRA TSDR LIVE ABRA-CADABRA TSDR JUNK BE GONE DEAD 1824173 ABRA CADABRA TSDR DEAD 1516244 ABRA CADABRA TSDR DEAD ABRA-CADABRA! TSDR DEAD 1105412

PROTECTING YOUR MIND’S CREATIONS WHAT IS A COPYRIGHT? Copyright protection subsists… in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. 17 USC. § 102

PROTECTING YOUR MIND’S CREATIONS WHAT KINDS OF THINGS ARE COPYRIGHTABLE? (1) (2) (3) (4) (5) (6) (7) (8) literary works; musical works, including any accompanying words; dramatic works, including any accompanying music; pantomimes and choreographic works; pictorial, graphic, and sculptural works; motion pictures and other audiovisual works; sound recordings; and architectural works. 17 USC. § 102

HOW LONG DOES A COPYRIGHT LAST? Copyright in a work created on or after January 1, 1978, subsists from its creation and, except as provided by the following subsections, endures for a term consisting of the life of the author and 70 years after the author’s death. 17 USC § 302