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 Classifications
and illustrative costs of obtaining intellectual
property rights before the United States Patent and
Trademark Office are indicated below.
Introduction
Intellectual
property consists of Patents (Title 35 United States Code),
Trademarks & Service Marks (Title 15 United States
Code) and Copyrights (Title 17 United States Code). The
law of the United States provides ways for individuals, businesses
or companies to protect their creative ideas by using specifically
proscribed procedures. Establishment of Enforceable intellectual
property rights requires compliance with procedures established
by the United States Patent and Trademark Office (USPTO) or the
Registrar of Copyrights.
Counseling
The Creative® generally recommends that it is
best to secure as many intellectual property rights
as allowed by law. If litigation is ever mandated,
the more intellectual property rights owned, the
more authority the creative owner can assert before
a court of law.
Patents
are directed toward "inventions."
Trademarks
& Service Marks used in interstate or
international commerce are associated respectively
with "goods" or "services".
Copyrights
affix to "original works of authorship."
Although
cost is one of many factors to be considered, most creative applicants
are interested in legal expenses associated with securing their
intellectual property rights. Of course, the lowest priced alternative
regarding patent rights is to represent one's self. However, more
often than not, any patent generated in this manner is of such
limited scope as to be unenforceable against a potential infringment.
The art of drafting patent applications is developed over time,
and only a skilled patent attorney can be informed of the many
nuances of securing a broad scope of intellectual property rights.
As a general rule, patents are the most expensive to procure,
copyrights the least expensive and trademarks/service marks fall
somewhere in between. Lastly, many of the expenses and costs related
to obtaining intellectual property rights are directly related
to the creative property owner's business approach.
Before
rendering service, and after review of the
applicant's intellectual property, Counseling The
Creative can provide an estimate of anticipated
costs to the applicant. All monetary estimates are
stated in United States Dollars (US$ or USD).
Patents--Title 35 of the
United States Code
Trademarks/Service
Marks--Title 15 of the United States Code
Copyrights--Title 17
of the United States Code
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