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A: The first thing my clients usually want to know is the best way to protect their new idea. I usually start with a quick tutorial on intellectual property to help focus the discussion since a working knowledge of intellectual property is critical to anybody that is developing a new product. There are four major types of intellectual property, each with a different basic nature and scope. Patents Patents are used to protect a functional aspect of an invention, for example, the specific way a vacuum cleaner works or how a foldable computer keyboard folds up. A patent is a legal document which allows an inventor to prevent others from making, using, or selling the patented invention for a period of time (typically 20 years from filing of an application). The inventor can profit from the invention during the patent term by using or building it, or by selling or licensing the invention to others. After the term of the patent, the invention becomes the property of the public, and anyone is free to use it. For an invention to be patentable, it must be patentable subject matter (e.g. a physical device such a vacuum cleaner), be useful (e.g. have some form of practical application), inventive or non-obvious (i.e. more than just a simple and obvious modification of an existing technology) and novel (i.e. not in the public domain). A practical result of the "novelty" requirement is that a non-confidential disclosure of an invention can deprive the inventor of the opportunity to obtain a valid patent for the invention. Trade Marks Trade marks are used in the marketplace to protect the goodwill associated with goods and/or services by identifying them with their source (i.e. the company that manufacturers or distributes them). A trade mark can be a word, design, a sound or colour that is used in association with particular goods and/or services. Examples of well known trade marks include the trade mark PEPSI covering soft drinks and NBC's trade marked sound of chimes covering television broadcasting services. A good trade mark has consumer appeal as well as having a "distinctive" character so that it can be distinguished from the trade marks of competitors. Well-chosen marks generally become more valuable with proper and continuing use and can grow to be among the most important assets of an established business. Imagine the loss if the company that owns the trade mark KODAK had to give it up! While trade mark rights can be obtained simply through commercial use of a trade mark in association with particular goods and services, there are several advantages associated with registering trade marks in countries of interest. Industrial Design Industrial designs are used to protect the shape, pattern, ornamentation and/or configuration of a finished article that has "eye appeal". Some examples of industrial designs include the shape of a stylish chair, the shape of a drink bottle, and the shape of a car grill. To be eligible for registration, a design must be original and it must be produced in some quantity or it must be at least the intention of the proprietor to do so. An application must also be filed within one year from public disclosure of the design anywhere in the world. Unlike a patent, an industrial design registration does not protect the functional features of an article. When the new features of an article are the shape or ornamentation of an object, a design registration may be the only available form of protection. A design registration costs substantially less than a patent and usually takes less time to obtain. Copyright Copyright protects form of expression rather than an idea or a functional aspect. Copyright is the sole right to produce or reproduce a work or any substantial part thereof in any material form. Any original literary, dramatic, musical or artistic work qualifies for copyright protection, such as books, articles, sheet music, illustrations, photographs, and computer software. Copyright arises automatically, without the need for registration. However, registration is relatively convenient and inexpensive and results in additional legal benefits for the copyright owner. Copyright exists, for most works, for the life of the author plus 50 years. Best regards,
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