Many businesses need some kind of legal protection for their business product, but have no idea what. We all have heard the terms patent, copyright and trademark, bandied around, usually in relation to an invention, new idea or domain name. What do you need and how do you obtain it? In the United States there are two government agencies that are the primary sources for this information:
U.S. Patent and Trademark Office
Here are the main differences. Click on the linked name should you wish to learn more about that particular topic.
A patent applies to an invention.
A copyright protects an original artistic or literary work.
A trademark applies to a logo or other identifying mark related to the sale of goods.
So if you have a domain name you want to protect, you would apply for a trademark because it is how your business is recognized. If you have software you have developed, you may want to patent it. However, the technical manuals accompanying it would need to be copyrighted. The intellectual material on your website can be copyrighted. If you develop a new product or process you sell from your website, you might want to patent it.
If you have a new idea, but have not developed it, there is no legal protection available other than the normal protection against stealing. In such cases, making written documentation of your idea, dating and signing it before witnesses does at least establish when you developed the idea, but even then it is difficult to pursue stealing ideas legally because it is always possible for more than one person to have the same idea at the same time.
There are many legal resources available to help you through the process if you are intimidated by the legal jargon used by the government sources. The government websites do provide ample help, however, if you are interested in tackling the forms yourself. Patents, copyrights and trademarks all require persistence and patience, but given the losses one can experience without them, they are well worth the effort.
