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I have an Invention ... Now What?
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   Copyright? Patent? Help!
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   Author  Topic: Copyright? Patent? Help!  (Read 584 times)
benztown55
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Copyright? Patent? Help!
« on: Apr 11th, 2007, 9:50am »
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I have an idea for a product. The product would come in form of a kit containing a book (original story) and a product that already exists...let's just say a tennis ball.
 
Because the "tennis ball" already exists I don't know under which protection law my idea would fall if under any. Is it a copyright because of book? Or a patent?
 
If anybody could give me some hints/tips/ideas how to protect something like this and what to do in order to get started on my idea I would greatly appreciate it.
 
Thanks Cheesy
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CriterionD
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Re: Copyright? Patent? Help!
« Reply #1 on: Apr 11th, 2007, 1:06pm »
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The original story (and any original artwork in the book)would be subject to copyright protection - you wouldn't have to file for a copyright either, although that might or might not have its advantages.  The book conatining the story, if containing features that were novel and non-obvious, could be subject to patent protection.  Its possible the tennis ball is subject to someone else's patent protection.  Its hypothetically possible that you could obtain patent protection on a method of combining the tennis ball with the book to create a novel product kit.  Depending on product kit design its possible that a design patent could apply.   If you were to market and brand your product, trademark law would also apply.
 
Anyways your idea in itself would likely fall under patent law, if any law at all - copyrights don't protect ideas, only documentation of them.
« Last Edit: Apr 11th, 2007, 1:14pm by CriterionD » IP Logged

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JSonnabend
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Re: Copyright? Patent? Help!
« Reply #2 on: Apr 12th, 2007, 10:34am »
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on Apr 11th, 2007, 1:06pm, CriterionD wrote:
copyrights don't protect ideas, only documentation of them

More precisely, copyrights don't protect ideas, only sufficiently creative expressions of them.
 
- Jeff
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SonnabendLaw
Intellectual Property and Technology Law
Brooklyn, USA
718-832-8810
JSonnabend@SonnabendLaw.com
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