dlaery Posted March 20, 2005 Report Share Posted March 20, 2005 I have something I have made, in fact I have made several of them and sold them. It measures the length of a fish. It is unique. What would I do to protect my idea? Thanks! Quote Link to comment Share on other sites More sharing options...
crittercraw Posted March 21, 2005 Report Share Posted March 21, 2005 If it has been over a year since you first brought it to market and sold it, you have no rights as far as patents go, and anyone can make it. You must apply for a patent within one year of putting it on the market. If it has been less then a year then you can apply. If you are running short on time for the 1 year limit then you can complete a provisional application, which will buy you more time. (correct me on this Rockhopper if it is wrong) I have never done a provisional. That is the way I understand it anyway. When you come up with an idea, you can file a disclosure with the patent office with a small fee. This is proof of the date you came up with the idea, and what the edea is. They will keep it on file for 2 years. It is in no way a patent application. Quote Link to comment Share on other sites More sharing options...
rockhopper Posted March 22, 2005 Report Share Posted March 22, 2005 [ quote="crittercraw]If it has been over a year since you first brought it to market and sold it, you have no rights as far as patents go, and anyone can make it. You must apply for a patent within one year of putting it on the market. If it has been less then a year then you can apply. If you are running short on time for the 1 year limit then you can complete a provisional application, which will buy you more time. (correct me on this Rockhopper if it is wrong) Your totaly correct, but only in the US and Cananda, you have lost all foriegn rights If all you can get is a design patent, you "can not" first file a provisonal I have never done a provisional. That is the way I understand it anyway. When you come up with an idea, you can file a disclosure with the patent office with a small fee. This is proof of the date you came up with the idea, and what the edea is. They will keep it on file for 2 years. It is in no way a patent application. Again you are correct If this item is a "work of art" (Has no function except to display it) then it is possible for you to copyright it as a work of art, there is no time line here on copyrights Quote Link to comment Share on other sites More sharing options...
Mallard Posted March 22, 2005 Report Share Posted March 22, 2005 OK, now my turn to ask a question and expose my ignorance. If this item is a "work of art" (Has no function except to display it) then it is possible for you to copyright it as a work of art' date=' there is no time line here on copyrights[/quote'] If I make a lure with a unique shape and unique paint scheme and put it in a shadow box and sell it as art then does copyright law prevent others from copying the lure selling it for fishing? Can I "protect" my unique designs through copyright by making a version of them as art? I could post a "lure art gallery" on my website displaying my work in display cases? Quote Link to comment Share on other sites More sharing options...
rockhopper Posted March 22, 2005 Report Share Posted March 22, 2005 OK' date=' now my turn to ask a question and expose my ignorance. If this item is a "work of art" (Has no function except to display it) then it is possible for you to copyright it as a work of art, there is no time line here on copyrights If I make a lure with a unique shape and unique paint scheme and put it in a shadow box and sell it as art then does copyright law prevent others from copying the lure selling it for fishing? Can I "protect" my unique designs through copyright by making a version of them as art? I could post a "lure art gallery" on my website displaying my work in display cases? This is my understanding,, but I'm not a lawyer, so I will ask a lawyer, and then post his answer, here is what can and can not be copyrighted WHAT WORKS ARE PROTECTED? Copyright protects "original works of authorship" that are fixed in a tangible form of expression. The fixation need not be directly perceptible so long as it may be communicated with the aid of a machine or device. Copyrightable works include the following categories: 1. literary works; 2. musical works, including any accompanying words 3. dramatic works, including any accompanying music 4. pantomimes and choreographic works 5. pictorial, graphic, and sculptural works 6. motion pictures and other audiovisual works 7. sound recordings 8. architectural works These categories should be viewed broadly. For example, computer programs and most "compilations" may be registered as "literary works"; maps and architectural plans may be registered as "pictorial, graphic, and sculptural works." WHAT IS NOT PROTECTED BY COPYRIGHT? Several categories of material are generally not eligible for federal copyright protection. These include among others: * Works that have not been fixed in a tangible form of expression (for example, choreographic works that have not been notated or recorded, or improvisational speeches or performances that have not been written or recorded) * Titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents * Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation, or illustration * Works consisting entirely of information that is common property and containing no original authorship (for example: standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common sources) Quote Link to comment Share on other sites More sharing options...
