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   Author  Topic: Copyright or Patent?  (Read 1037 times)
ILovePA
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Copyright or Patent?
« on: Dec 13th, 2006, 4:22pm »
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Hello,
 
I made a candle holder with a specific design all my own. I was wondering if a candle holder, even though it's a new design, requires a patent or would my design be protected under copyright?
 
This is important because of the obvious cost difference in being protected by copyright or having to pay all the fees associated with a patent.
 
I would appreciate any insight anyone could lend! Thank you!
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ILovePA
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Re: Copyright or Patent?
« Reply #1 on: Dec 16th, 2006, 4:20pm »
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I'm not being impatient, but curious. Has this forum been abandoned or do one's questions eventually become answered?
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Lyza
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Re: Copyright or Patent?
« Reply #2 on: Dec 16th, 2006, 5:30pm »
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I am not an attorney, but I'll try to assist.
 
People may seek patent protection for a new and unique system or method for a device, software code, plant, biological product or medical treatment, to name a few, but my guess is that your candleholder is probably not "new and unique [enough] to the state of the art" to make it patentable.
 
You can copyright register different types of works.  A candleholder would probably fall under a "Visual Arts" work.  Examples of visual arts works that may be granted copyright registration are:
 
Advertisements, commercial prints, labels  
Artificial flowers and plants  
Artwork applied to clothing or to other useful articles  
Bumper stickers, decals, stickers  
Cartographic works, such as maps, globes, relief models  
Cartoons, comic strips  
Collages  
Dolls, toys  
Drawings, paintings, murals  
Enamel works  
Fabric, floor, and wallcovering designs  
Games, puzzles  
Greeting cards, postcards, stationery  
Holograms, computer and laser artwork  
Jewelry designs  
Models  
Mosaics  
Needlework and craft kits  
Original prints, such as engravings, etchings, serigraphs, silk screen prints, woodblock prints  
Patterns for sewing, knitting, crochet, needlework  
Photographs, photomontages  
Posters  
Record jacket artwork or photography  
Relief and intaglio prints  
Reproductions, such as lithographs, collotypes  
Sculpture, such as carvings, ceramics, figurines, maquettes, molds, relief sculptures  
Stained glass designs  
Stencils, cut-outs  
Technical drawings, architectural drawings or plans, blueprints, diagrams, mechanical drawings  
Weaving designs, lace designs, tapestries  
 
For more information, you can go to http://www.copyright.gov and search the Visual Arts section for forms and instructions.
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Lyza L. Sandgren, President/CEO
CanopyLegal LLC
lyza2855@gmail.com
www.canopylegal.com
North Amer. Rep for WebTMS TM Mgmt System
This message should be mistaken for or construed as legal advice.
JSonnabend
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Re: Copyright or Patent?
« Reply #3 on: Dec 18th, 2006, 7:26am »
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The design of the candle holder might be registerable in the same manner as a sculpture would be registerable.   The non-functional aspects of the design might also be protectible under a design patent.  
 
- Jeff
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SonnabendLaw
Intellectual Property and Technology Law
Brooklyn, USA
718-832-8810
JSonnabend@SonnabendLaw.com
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