David L. Leon, PC Attorney (New York) » Intellectual property

What is a work for hire? Or a work made for hire?

admin — Sat, 26 Jun 2010 23:08:08 +0000

A “work for hire” (also known as a “work made for hire”) is doctrine of intellectual property law governing ownership of material. The premise is that if a person or company hires another to create something under a work for hire arrangement, the person who hired the creator is the owner of the work. For example, let’s suppose Company A hires Joe Programmer to write a piece of software under a work for hire arrangement. The end result is that Company A owns the software, Joe does not.

Post Footer automatically generated by Add Post Footer Plugin for wordpress.

What is a license? What is a royalty?

admin — Sat, 26 Jun 2010 23:07:35 +0000

In order to legally use the intellectual property of another, the owner of the intellectual property needs to give permission. Such permission is called a “license.” The payment for the license is typically the “royalty.”

Post Footer automatically generated by Add Post Footer Plugin for wordpress.

What is a trade secret?

admin — Sat, 26 Jun 2010 23:07:03 +0000

A trade secret is a type of intellectual property which gives a competitive advantage to the knowledge holder, and in which the knowledge holder takes steps to keep secret.

Common examples of trade secrets include secret customer lists, secret recipes, etc.

Post Footer automatically generated by Add Post Footer Plugin for wordpress.

What is a copyright?

admin — Sat, 26 Jun 2010 23:05:21 +0000

A copyright is a legal protection afforded to an author of a creative work. For example, a photograph, drawing, or story could be subject to copyright protection. Although copyright protection is automatically afforded to author upon completion of the work, many additional rights are available if the work is registered shortly after creation. Additionally, registration is a requirement before filing a suit for infringement in federal court.

Post Footer automatically generated by Add Post Footer Plugin for wordpress.

What is trademark infringement?

admin — Sat, 26 Jun 2010 23:04:35 +0000

Trademark infringement occurs when a trademark is being used without permission. A trademark infringement or dillution suit may be necessary in order to protect the mark. (Failure to protect the mark can result in the mark being lost.)

If your mark is “merely descriptive” of your product, then you may not not be able to register your mark (there is still a supplemental register, though).

Post Footer automatically generated by Add Post Footer Plugin for wordpress.

What is a trademark?

admin — Sat, 26 Jun 2010 22:59:25 +0000

A trademark is used to designate where particular goods or services are from. Typically, a trademark is a logo, graphic or short phrase used to identify a product or company. For example, a Nike “swoosh” symbol is a trademark stating that a particular product is made by or associated with Nike, Inc.

Trademarks may be obtained at common law, and they may be registered with the United States Patent and Trademark Office. One can obtain a common law trademark by using it in interstate commerce.

Post Footer automatically generated by Add Post Footer Plugin for wordpress.

How can I patent my ideas?

admin — Sat, 26 Jun 2010 22:56:24 +0000

Ideas, by themselves, cannot be protected by a patent. In order to apply for a patent, the patent must be reduced to tangible form. Reduced to a tangible form may include a writing, software or drawing. The idea must also be new (novel), not obvious, and it has to serve a purpose.

Post Footer automatically generated by Add Post Footer Plugin for wordpress.

What is a patent?

admin — Sat, 26 Jun 2010 22:52:20 +0000

A patent is a mechanism to protect an idea, invention, method or design. Patents are either new creations or modifications to existing ideas. In order to be subject to patent protection, the idea must be new, and the it has to be “non-obvious.”

Prior to filing a patent application with the United States Patent and Trademark Office, it is recommended that a patentability search be conducted.

Post Footer automatically generated by Add Post Footer Plugin for wordpress.