Intellectual Property Forum The Intellectual Property Forum

Please login or register.

Login with username, password and session length
Advanced search  

News:

The forum software has been upgraded.  New registrations are not currently permitted while we iron out any bugs and other matters.  Please report any problems you find.

Author Topic: Copyright? Patent? Help!  (Read 798 times)

benztown55

  • Newbie
  • *
  • Posts: 1
    • View Profile
Copyright? Patent? Help!
« on: 04-11-07 at 08:50 am »

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 :D
Logged

CriterionD

  • Senior Member
  • ****
  • Posts: 360
    • View Profile
    • Email
Re: Copyright? Patent? Help!
« Reply #1 on: 04-11-07 at 12:06 pm »

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: 04-11-07 at 12:14 pm by CriterionD »
Logged

JSonnabend

  • Forum Moderator
  • Lead Member
  • *****
  • Posts: 3671
    • View Profile
    • Email
Re: Copyright? Patent? Help!
« Reply #2 on: 04-12-07 at 09:34 am »

Quote
copyrights don't protect ideas, only documentation of them

More precisely, copyrights don't protect ideas, only sufficiently creative expressions of them.

- Jeff
Logged
SonnabendLaw
Intellectual Property and Technology Law
Brooklyn, USA
718-832-8810
JSonnabend@SonnabendLaw.com
 



Footer

www.intelproplaw.com

Terms of Use
Feel free to contact us:
Sorry, spam is killing us.

iKnight Technologies Inc.

www.intelproplaw.com

Page created in 0.07 seconds with 18 queries.