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Patents, Copyrights & Trademarks For Dummies » (New)

Book cover image of Patents, Copyrights & Trademarks For Dummies by Henri J. A. Charmasson

Authors: Henri J. A. Charmasson, John Buchaca
ISBN-13: 9780470339459, ISBN-10: 0470339454
Format: Paperback
Publisher: Wiley, John & Sons, Incorporated
Date Published: August 2008
Edition: New

Author Biography: Henri J. A. Charmasson

Henri Charmasson is an attorney with a 35-year career in the field of intellectual property (IP) law. He has been a naming adviser to major corporations. Henri is also an inventor with his name on 15 U.S. patents and an entrepreneur who sits on the board of several small business corporations. In his early engineering career, Henri designed computer hardware. Henri has authored several articles and delivered lectures on patent, copyright, trademark and trade secret topics, and written an authoritative treatise about the art of naming companies and branding new products. Born, raised, and educated in sunny Provence, France, he’s found in California the ideal place to exert his enterprising spirit.

John Buchaca, also an Intellectual Property law attorney, is a former software engineer and occasional inventor, and has worked with Henri for more than 15 years. Indeed, when Henri wrote the first edition of this book, John regarded himself as the “first dummy.” Before becoming a lawyer, he worked in ocean acoustics analysis and modeling and computer programming. His undergraduate degree is in applied mathematics. But his highest claim to fame (according to Henri) is to be married to Henri’s daughter and to be the father of two of Henri’s grandchildren. He lives in San Diego, California where he is a partner at Charmasson, Buchaca & Leach, LLP, an IP law firm.

Book Synopsis

Useful tips and step-by-step guidance from filing to issue to license

Acquire and protect your share of this major business asset

Want to secure and exploit the intellectual property rights due you or your company? This easy-to-follow guide shows you how — helping you to evaluate your idea's commercial potential, conduct patent and trademark searches, document the invention process, license your IP rights, and comply with international laws. Plus, you get detailed examples of each patent application type!

Discover how to:

Avoid application blunders
Register trademarks and copyrights
Meet patent requirements
Navigate complex legal issues
Protect your rights abroad

The entire body of U.S. patent laws
Example office actions and amendments
Sample forms
Trademark registration certificates
Application worksheets

See the CD appendix for details and complete system requirements.

	Introduction	1
	About This Book	1
	Conventions Used in This Book	2
	Foolish Assumptions	3
	How This Book Is Organized	3
	Icons Used in This Book	5
	Where to Go from Here	6
Part I	Covering Your Assets: Intellectual Property Basics	7
Chapter 1	Examining the Tools in Your IP Box	9
	Buying into Intellectual Property	9
	Exploring the Patent Process	11
	Copyrighting Your Creations	13
	Claiming Your Identity: Trademarks and Other Commercial Handles	14
	Keeping It Quiet: Trade Secrets	16
	Putting It in Writing: Looking at Contractual IP Rights	16
	Putting Your IP to Work at Home and Abroad	17
Chapter 2	Protecting Your Intellectual Property	19
	Examining Your Motives	19
	Implementing an IP Program	21
Chapter 3	Dealing with Professionals and Picking Up the Tab	31
	Getting the Help That You Need	31
	Finding and Retaining an IP Professional	35
	Staying within Your Meager Means	37
	Working with Foreign IP Professionals	40
	Coordinating with Other Professionals	41
Part II	If You Build It, They Will Come: Patenting Your Product	43
Chapter 4	Understanding Patents and How They Work	45
	Presenting a Patent Explanation	45
	Dissecting the Beast: The Three Types of Patents	47
	Checking Out the Mechanics: Specifications and Claims	49
	Playing by the Rules: The Three-Part Patentability Test	51
Chapter 5	Testing the Water Before You File for a Patent	57
	Assessing What You Have	57
	Making Sure a Patent Is Right for You	60
	Starting Things Off on the Right Foot	65
Chapter 6	The Quest for the Unholy Grail: The Patent Search	67
	To Search or Not to Search	68
	Conducting an Anticipation Search	70
	Looking at Other Patent Searches	77
Chapter 7	Preparing Your Patent Application	79
	Understanding the Patent Application	79
	Choosing between Formal and Provisional Applications	80
	Deconstructing the Patent Application	83
	Disclosing Your Invention in the Specification	84
	Arguing Your Case for Patentability	85
	Staking Your Claims	87
	Actively Participating in Application Preparation	95
Chapter 8	Filing Your Patent Application	99
	Packaging the Application	99
	Letting Go: Sending Your Application to the USPTO	102
	Meeting Your Filing Deadlines	102
	Keeping Your Application Under Wraps	103
	Asking for Special Status	106
	Preparing and Filing Some Simplified Patent Applications	109
	Making Money and Taking Precautions While You Wait for Your Patent	110
	Filing Again: Entering a Continuation Application	111
Chapter 9	Wrestling with the Patent Examiner	113
	Touring the USPTO	114
	Clearing Initial Administrative Hurdles	116
	Splitting Up Is Hard to Do: Restricting the Application	119
	Getting In on the Action--The Office Action	121
	Reacting to a Final Rejection	135
	Getting Flagged for Interference	137
	Requesting a Statutory Invention Registration	140
	Avoiding a Third-Party Protest	141
Chapter 10	Entering the Home Stretch: Getting Your Patent Issued	143
	Getting the Green Light	144
	Put the Champagne Down: Taking Corrective Action	145
	Dealing with Defective Patents	146
	Submitting to Reexamination	152
	Changing the Names of the Inventors or Assignees	156
	Remembering to Pay Maintenance Fees	157
	Marking Your Widgets with the Patent Number	158
Part III	Knowing Your Copyrights	159
Chapter 11	Entering the Whimsical World of Copyrights	161
	Getting to Know the Copyright	162
	Defining an Original Work of Authorship	162
	Determining What Is Copyrighted and What Isn't	165
	The Scope of Copyright Protection	168
	So What Does a Copyright Do for Me?	171
Chapter 12	Untangling Ownership Issues	179
	Staking a Claim: Making Sure That You Own the Copyright	180
	Changing Owners: Transferring Interest in a Copyright	185
	Investigating the Status of a Copyright	187
Chapter 13	Giving Your Copyright Fangs	189
	Making It Official: Registration	189
	Finding and Filling Out Forms	193
	Depositing Copies of the Work	199
	Marking Your Copyrighted Work	203
	Getting Help from Uncle Sam	205
	Recording Copyright Documents	206
Part IV	Making Your Mark: Protecting Your Commercial Identity	207
Chapter 14	Solving Your Identity Crisis	209
	Hitting the Right Mark: A Commercial Identifier Inventory	210
	Putting Commercial Identifiers to Work	214
	Testing the Legal Strength of Commercial Identifiers	218
Chapter 15	Creating the Next Household Name	223
	Marketing Muscle: The Components of Good Commercial Identifiers	224
	Trying the Tricks of the Trade	227
	Avoiding the Seven Deadly Identifier Sins	231
Chapter 16	Conducting an Availability Search	235
	Practicing Prudence	235
	Defining the Scope of Your Search	237
	Carrying Out Your Search	241
	Analyzing the Results	244
Chapter 17	Establishing and Registering Your Commercial Identifier	249
	Gaining Exclusive Rights to a Commercial Identifier	250
	Registering Your Commercial Identifier	250
	Preparing Your In-Use or ITU Application	254
	Pushing Your Application Through the USPTO	261
	Keeping Your Registration Up to Snuff	268
	Losing Your Commercial Identifier	269
Part V	Exploiting and Enforcing Your IP Rights	271
Chapter 18	All Abroad: Protecting Your IP Rights in Other Countries	273
	Pros and Cons of International Patents	273
	First Things First: Three Basic Rules of Filing for Foreign Patents	276
	Charting a Course: Where Should You File Your Patent Application?	277
	Filing for Design Protection Abroad	286
	Protecting Your Plant Overseas	287
	Protecting Your Mark Abroad	288
	Copyrighting Overseas	290
Chapter 19	Making 'Em Pay: Licensing Your IP Rights	291
	Types of Licenses	291
	Inspecting Basic Elements of a License	293
	Assigning Rather Than Licensing	298
	Getting Down to the Government Stuff	298
	Adopting a Licensing Strategy	300
	Making Beautiful Music Business	301
Chapter 20	Nailing the Bad Guys (The Infringers)	305
	Determining Infringement	305
	Stopping Infringement Cold	309
Part VI	The Part of Tens	315
Chapter 21	Top Ten Patent Application Pitfalls	317
	Choosing a Utility Patent When Other Protection Will Fit the Bill	317
	Filing When You Can't Afford It	317
	Going It Alone	318
	Concealing the Past	318
	Showing Your Hand	318
	Naming a Non-Inventor	319
	Disclosing Too Little	319
	Disclosing Too Much	319
	Waiting Too Long	320
	Accepting Money in Exchange for a Share of the Profits	320
Chapter 22	Ten Common Copyright Questions	321
	I Wrote a Children's Story: Can I Get a Copyright?	321
	I Coined a Campaign Slogan for the Next Election: Can I Copyright It?	321
	I Have an Idea for a TV Show: How Do I Get It Copyrighted?	322
	How Much of a Copyrighted Work Can I Copy without Infringing the Copyright?	322
	I'm Designing a Web Site: Can I Use Graphics Copied from a Magazine?	322
	Can I Use a Popular Song in a Video Clip of My Dog to Send to America's Funniest Animals?	322
	I'm a Teacher: Can I Copy a Page from a Book and Give the Copies to My Students?	323
	How Long Does a Copyright Last?	323
	Where Can I Get Permission to Copy a Protected Work?	323
	Can I Protect Software with a Copyright and a Patent?	323
Chapter 23	The Ten Worst Naming Blunders	325
	Using Your Family Name	325
	Mimicking Another Company's Brand	326
	Describing Your Product or Service	326
	Having Brainstorming Sessions	326
	Holding a Naming Contest	327
	Ignoring the Customer	327
	Creating Techno-Babble	327
	Choosing Availability over Exclusivity	327
	Relying on the Logo	328
	Leaving Your Mark Unprotected	328
Chapter 24	More Than Ten Great IP Resources	329
	Contacting the USPTO for General Info	329
	Contacting the U.S. Copyright Office	330
	Accessing Online Applications	330
	Old-Fashioned Application Access	331
	Getting Down with Government Manuals	331
	The Government Printing Office	332
	Inquiring about IP Litigation Info	332
	Further Reading for the IP-Addicted	332
	Appendix	333
	Index	341

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Author Biography: Henri J. A. Charmasson

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