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Intellectual Property in USA

USA related forum posts

Still a good business move?

hey there, me and the husband are planning to move our film collectables store to the usa (maybe even keep our existing one in the uk too) but we're unsure if this is such a good idea now. it is such a hard decision when all the advice we're getting is so mixed. some people seem optimistic for business in the coming year, others not. &l

Total Posts: 4 Last post by jonekane
Expanding cleaning company to US

Hi, I would be interested in knowing whether it would be a good move to expand my cleaning company to the US. How would you go about doing this?

Total Posts: 2 Last post by vroomr513

Intellectual Property in the US

Intellectual Property in the USA is characterised as legal protection for commercially precious products of human intellect. There are, generally, three forms of IP: patents, copyrights and trademarks. Although these articles are similar many some ways, they each have individual idiosyncrasies and definitions which make them unique. Perhaps most importantly, there is no physicality to intellectual property. If effectively safeguards an intangible idea or process.

Patents

Generally speaking, patents in the USA are granted to inventors for inventions. These can include anything from machinery, tools, processes, chemicals, biotechnology, software, etc.

To qualify for a patent, an inventor must invariably create something that is:

Of patentable matter
Unique to patentee
Merited and can be utilised
Innovative
Non-obvious

Under a patent, the patentee reserves the right stop or limit others from utilising and trading the invention. Without explicit permission from the patentee, persons using the patent in any of these ways are infringing, and could be subjected to legal action.

Computer programmes and inventions without industrial application are not patentable. Nor are inventions that conflict with public order or morals. Even while a patent is pending, application fees are still payable, as well as search fees and annuities.

As registration is invariably a lengthy procedure. An inventor may, instead, favour applying for a certificate of usefulness, which is easier to acquire, although provides less protection: 6 years compared with 20. Patents may not be renewed.

Trademarks

Trademarks for a business in the USA are used to denote epithets, logos, symbols, slogans, etc, that are individual to a business and product. Fundamentally, the things that distinguish your product or service from a competitor's. Businesses understandably go to endless lengths to have control over their trademarks. Therefore, any persons found infringing upon them through unlawful use could be subject to legal action.

Famous examples of trademarks are Coca Cola and McDonald's.

Copyright

Copyright in the USA gives someone to sell and reproduce a protected product, which is invariably printed work. Things like books, magazines, websites, photographs, music, film and art are common examples of copyrighted work. Copyright denotes five rights of the author, artist, etc: reproduction, distribution, adaptation, performance and display. Use of such materials or works without the explicit permission of the copyright holder is classed as infringement, and persons doing so could be subject to legal action.

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