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Is it Patentable?
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   Patent, trademark, copyright or what?
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   Author  Topic: Patent, trademark, copyright or what?  (Read 1216 times)
Michael Prieto
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Patent, trademark, copyright or what?
« on: Sep 2nd, 2006, 1:12am »
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I've been reading about patents, marks, and copyrights on the internet for the last few days, and despite all I've read I still am not sure what to go for.  My idea is a kind of bracelet but with a concept behind it.  My question is what to get.  Is a unique bracelet unpatentable?  Or is a trademark all I need so no one can steal the name?  I've read on patents a lot and it seems that a patentable invention must be useful in some way...  I don't think a bracelet falls under that but I am also inexperienced and new to business.  Any help would be greatly appreciated!
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Bill Richards
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Re: Patent, trademark, copyright or what?
« Reply #1 on: Sep 2nd, 2006, 1:59am »
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Your bracelet may, in fact, have patentable features.  Useful is given a very broad reading in the patent context.  You may have a novel clasp, for example, or mounting.  Patents can protect functional aspects of articles.
Copyright protects the expression of an idea.  So, the look of the jewelry may be protected by copyright.  Check http://www.copyright.gov/ for more information.
Finally, trademarks identify the source of goods and services.
Not sure what you mean by concept, though.  Can you give a hypothetical, non-disclosing, example?
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William B. Richards, P.E.
The Richards Law Firm
Patents, Trademarks, and Copyrights
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Michael Prieto
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Re: Patent, trademark, copyright or what?
« Reply #2 on: Sep 2nd, 2006, 5:47pm »
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Yes, the concept is as follows:  I have many different styles of the bracelet and each style (differing from the others in a small way) says something different about the wearer.  I hope that wasn't too vague..  And thanks for your reply!
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Sudhir Aswal
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Re: Patent, trademark, copyright or what?
« Reply #3 on: Sep 20th, 2006, 3:25am »
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Dear Michael Prieto,
 
From what you have disclosed it appears you have a unique design and can get design protection for your bracelet. it also gives a monopolistic right to you like patents with regard to artistic shape and features of the invention.
 
But if you have some unique concept behind the bracelet which in effect involves an inventive concept and has industrial application. It might be patentable but for that you must discuss the same with a qualifed and well experienced I.P. Attorney.
« Last Edit: Sep 20th, 2006, 3:28am by Sudhir Aswal » IP Logged

Sudhir Kumar Aswal
Patent Attorney, India
Aswal Associates
www.aswalassociates.com
Michael Prieto
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Re: Patent, trademark, copyright or what?
« Reply #4 on: Dec 27th, 2006, 10:49am »
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Should I talk to an I.P. attorney for the design patent and the creative patent?
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