Is it possible to patent or trademark a technical concept? Reliable info/source url?
I am currently working on a technical project in which incorporates currently availible technologies and innovative concepts. This is resulting in "outside-the-box" technical creations and integration. Years of industry experience has not provided previous encounters nor equivalent.
Thank you in advance!
2006-01-19T03:22:18Z
I have received 2 great answers in which will not go unrewarded... However, would like further examples in technical concepts being patented and/or copyrighted. Also if someone could clarify the legal ramifications (if any) when contractors or private buisness owners knowingly dismiss "Industry standards" when implementing thier own ideas in network innovation and integration. I am NOT speaking of FCC or local building codes ONLY adding or changing exsisting LAN infrastructure and integrity.
Thanks again, guys.
Michael T2006-01-14T01:03:26Z
Favorite Answer
A trademark is a mark or a symbol which is something you own.
As for patenting a technical concept, technical concepts can be patented if they are processes or produce some unobvious item as a result. You cannot patent an idea, it must be applied to a physical object in some unobvious way.
Here are the definitions of each component of intellectual property:
A patent for an invention is the grant of a property right to the inventor, issued by the Patent and Trademark Office. The term of a new patent is 20 years from the date on which the application for the patent was filed in the United States or, in special cases, from the date an earlier related application was filed, subject to the payment of maintenance fees. US patent grants are effective only within the US, US territories, and US possessions.
The right conferred by the patent grant is, in the language of the statute and of the grant itself, “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention into the United States. What is granted is not the right to make, use, offer for sale, sell or import, but the right to exclude others from making, using, offering for sale, selling or importing the invention.
A trademark is a word, name, symbol or device which is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. A servicemark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product. The terms "trademark" and "mark" are commonly used to refer to both trademarks and servicemarks.
Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark. Trademarks which are used in interstate or foreign commerce may be registered with the Patent and Trademark Office. The registration procedure for trademarks and general information concerning trademarks is described in a separate pamphlet entitled "Basic Facts about Trademarks".
Copyright is a form of protection provided to the authors of “original works of authorship” including literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished. The 1976 Copyright Act generally gives the owner of copyright the exclusive right to reproduce the copyrighted work, to prepare derivative works, to distribute copies or phonorecords of the copyrighted work, to perform the copyrighted work publicly, or to display the copyrighted work publicly.
The copyright protects the form of expression rather than the subject matter of the writing. For example, a description of a machine could be copyrighted, but this would only prevent others from copying the description; it would not prevent others from writing a description of their own or from making and using the machine. Copyrights are registered by the Copyright Office of the Library of Congress.
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