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   Author  Topic: Copyright or patent?  (Read 841 times)
Marion
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Copyright or patent?
« on: May 27th, 2004, 10:59am »
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I had written the following on the patent forum but it was suggested that the copyright forum would be better able to tell me if this is product needs a copyright as well as a patent:
 
There is a product that I have developed and I don't know if I need a copyright or patent or both.  I'll describe it as an organizer.  There are "envelopes" that can be used to insert papers.  Also there are pages and each one has a form on it that is to be filled out by the buyer.  These forms might also end up being on the outside of the "envelopes".  My search on the government's patent web site doesn't show anyone using my method to put it together.  
 
Is this an item that I can patent?  Will the "form" that I have developed be part of that patent or must I get a copyright for the form, whether it is on the envelope or just a sheet of paper?  If I need both a patent and a copyright, do I apply for them simultaneously or must I get one before the other?
 
Thank you for any advice.
               
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M. Arthur Auslander
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Re: Copyright or patent?
« Reply #1 on: May 28th, 2004, 7:25am »
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Dear Marion,
 
A copyright will protect, what you have copyrighted but not the ideas contained in the work.  
 
It is not a good idea to set forth details of you ideas on a public forum, unless they are protected.
 
If you have disclosed something that is patentable, you have already destroyed most of your legitimate international rights.
 
In most counties of the world if you "disclose or use" the invention before the first patent application is filed, no valid patent can issue.
 
Disclosure to an patent lawyer is confidential by the nature of the relationship so that neither domestic or international rights are compromised  
 
If you have a good procduct and are able to sell it, a good trademark might serve you well. Coca Cola is about 130 years old.
« Last Edit: May 28th, 2004, 7:28am by M. Arthur Auslander » IP Logged

M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law
3008 Johnson Ave., New York, NY 10463
7185430266, aus@auslander.com
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Marion
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Re: Copyright or patent?
« Reply #2 on: May 28th, 2004, 8:44pm »
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QUOTE:
A copyright will protect, what you have copyrighted but not the ideas contained in the work.  
 
Please explain what this means.  By ideas, do you mean that anybody can do an organizer but if there were a form in the organizer, only the form can be copyrighted?
 
I am using an organizer as an example.  I am not doing an organizer.
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M. Arthur Auslander
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Re: Copyright or patent?
« Reply #3 on: May 29th, 2004, 3:10am »
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Dear Marion,
 
If you have information that you use and you write it out, that work, as you express it can have a copyright registered. If you record it, draw a picture, write a book, same thing etc.  
 
If you create a new, useful and unobvious way of obtaining the data, a patent may be obtained on the method. You may also get a patent if you create a new useful and unobvious  physical object such as an improved can opener that no one else has publicly used.
« Last Edit: May 29th, 2004, 3:12am by M. Arthur Auslander » IP Logged

M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law
3008 Johnson Ave., New York, NY 10463
7185430266, aus@auslander.com
Reality Check® ELAINE's Workshop®
Marion
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Re: Copyright or patent?
« Reply #4 on: May 29th, 2004, 12:42pm »
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M. Arthur, thank you for your reply.  
 
Can I get a copyright for a form that has questions on it?  There are spaces for people to answer the questions.  What if the form is my variation (questions and format) of other forms that are available?
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