How to Protect an Idea
From page 54 of the July 2008 issue of "Money," by Hibah Yousuf.
Compiled by David Barth, July 15, 2008
Copyright
What it Protects
A copyright protects an original work, published or unpublished, that has been recorded in a lasting
form.
Examples of Copyrighted Works
- Books
- Plays
- Musical compositions (for example, the song, "Happy Birthday")
- Works of art
- Architectural plans
- Computer programs
How to File for Copyright Protection
Apply directly to the US Copyright Office. Forms and information can be found at copyright.gov. The procedures
are easy to follow for most works. With your application, you must include a copy of the material you wish to
copyright.
Cost of a Copyright
The cost to obtain a copyright is $35 if you apply online and $45 if you apply by mail.
Patent
What it Protects
A patent protects new or improved and useful processes, machines, or products.
Examples of Patented Items
- Bottle opener design
- Corkscrew design
- Process to manufacture memory chips
How to File for a Patent
Apply directly to the US Patent and Trademark Office. Forms and information can be found at uspto.gov. Few
patents get accepted because the item is not unique or a patent search has found similar items that are already
patented. To apply, describe the invention in detail. Hire a patent attorney to edit your application to insure
that it is complete. It is best to file a provisional patent which covers your patent for one year. This saves
about 80 percent in fees in case your patent request is rejected.
Cost to obtain a Patent
The cost to obtain a patent is $800 to $1,000 for a provisional patent and $4,000 to $5,000 for a full
patent.
Trademark
What it Protects
A trademark protects a distinctive form of identification of a product or service.
Examples of Trademarked Items
- Coca-Cola script
- "Windex"
- "Kleenex"
- "Xerox"
- "Formica"
- "IBM"
- "NFL"
How to File for a Trademark
Apply directly to the US Patent and Trademark Office. Forms and information can be found at uspto.gov.
Trademark applications are often done in conjunction with an application for a patent. Names that are in a
dictionary, such as "cars" for an automobile company, are not likely to be approved. That is why many trademarks
are misspelled words, invented words, or a combination of words pushed together.
Cost to obtain a Trademark
The cost to obtain a trademark is $325 if you apply online and $375 if you apply by mail.