Question: Is there any way to protect the visual appearance of something? I haven’t really created a new device, but I have created something that looks – for want of a better word – “cool.”
The short answer is absolutely, via either copyright or patent. As usual, however, the short answer bears some explanation.
Most are aware that copyright protects the written word. Books, short stories, magazine articles, and political pamphlets all fall under the protection of copyright law.
What many do not realize is that copyright protects visible art too. For instance, sculptures, pictures (both painted and drawn), apparel, flags or banners, and visually appealing containers all also may be copyrighted. Read More »
Question: I love gardening! And through this love, I’m fairly sure I’ve created a new variety of Rose. How can I protect it?
First things first, if you’re out wandering about one day and happen upon (i.e. find somewhere in nature) a brand new plant, one that cures cancer and eliminates male pattern baldness, you can NOT patent it.
Nope. You and your super-powered-wonder-plant are up the patent-less creek without a paddle. You could, of course, keep the plant and it’s location a trade secret … but no patent.
Read More »
Question: If I invent a “thing,” I can get it patented. Understood. But what if I invent an idea, strategy or some sort of new way to do business? Can I protect it? How?
The short answer is frustratingly ambiguous: sometimes you can protect an idea (a.k.a. “strategy” or “method”).
The longer answer? If your “idea” is a natural law (defined below), you can’t protect it. But if your idea is a business strategy linked to an internet business, you probably can patent it. Such a patent would be called a business method patent.
For everything in between, you may be able to earn a patent. Read More »
February 17, 2009 – 20:34
Question: How “different” does my invention need to be to get a patent?
In short, you’ve made something different enough to earn a patent if this different version - when compared to the way it was before you improved it - is non-obvious. What does that mean?
Consider a neon-colored windshield wiper.
Clearly, a bright pink wiper is different from a black wiper. It’s something new. However, as you probably instinctively know, it’s an “obvious” improvement over what’s always been on your car. Read More »
Question: My friend quotes a competitor on his website without permission. Can he do that? Doesn’t that violate the competitor’s copyright?
Does it violate the competitor’s copyright? Probably not. Chances are that your friend can quote whomever he’s quoting without worrying too much. Still, as usual, to truly answer this question requires a bit more analysis.
Many of us think of the written word as sacred. Words belong to their author. Woe unto he who uses another’s words without permission. Read More »
Question: I have just created the most intensely delicious food ever; how do I protect the recipe? A patent? A copyright? Other?
Theoretically, with any recipe, you can obtain a patent. In practice, however, the hurdles you would need to overcome to succeed with such a patent would be insurmountable. Why?
In order to obtain a patent, you must show that your invention isn’t obvious. Recipes are almost always obvious. By way of explanation, consider the following example. Read More »
Question: I’ve heard patents take a long time – is there any way to speed up the process?
The short answer to this question is: yes, you can usually speed up the process. Almost any patent application can be accelerated.
The real question to ask, though, is how much effort and money do you want to spend to accelerate it? Further, what are the advantages to you, the inventor, in speeding things up? Read More »
