COPYRIGHTS

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In the United States, copyright protection exists for original works of authorship.   Any work that is fixed in any tangible medium of expression that can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.

Works of authorship include:

1. literary works;

2. musical works, including any accompanying words;

3. dramatic works, including any accompanying music;

4. pantomimes and choreographic works;

5. pictorial, graphic, and sculptural works;

6. motion pictures and other audiovisual works;

7. sound recordings; and architectural works.

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Copyright protection does not extend to to an idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied.

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Dallas attorney, Julie Celum, will assist you in obtaining, or maintaining,  the right type of protection for your art, writing, song, or business idea.   If you have an existing copyright and are faced having to defend that copyright, Celum Law Firm will work for you and will defend your rights and ownership.  Contact: info@celumlaw.com.

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TRADEMARKS

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A trademark is a word, phrase, symbol, or design, or any combination thereof, that identifies and distinguishes the product(s) of a party from those of others.

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A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service provided, rather than product(s) . Obtaining federal trademark protection provides several distinct advantages, including:

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• Public notice of your ownership of the trademark or service mark;

• The legal presumption of your ownership of the mark and your exclusive right to use the mark nationwide in connection with the goods/services listed in the registration;

• The ability to bring an action concerning the mark in federal court;

•  The use of the U.S. registration as a basis to obtain registration in foreign countries;

• The ability to record the U.S. registration with the U.S. Customs and Border Protection (CBP) Service to prevent importation of infringing foreign goods;

• The right to use the federal registration symbol  ®  ; and

• Listing in the United States Patent and Trademark Office’s online databases.

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The Celum Law Firm specializes in all forms of intellectual property registration and protection and can help you decide which form of protection is best for you or your business.  Contact us today for a free consultation at info@celumlaw.com.

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PATENTS

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A patent is an intellectual property right granted by U.S. Government to an inventor “to exclude others from making, using, offering for sale, or selling the invention throughout the United States or importing the invention into the United States” for a limited number of years in exchange for the public disclosure of the invention once the patent is granted.  The right to patent an invention was established over 200 years ago in Article 1, Section 8 of the United States Constitution: “To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”

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Generally, the term of a new patent is 20 years from the date on which the application for the patent was filed in the United States or, in special cases, from the date an earlier related application was filed.

There are three different types of patents that may issue:

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• Utility patents;

• Design patents; and

• Plant patents.

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A utility patent may be granted to anyone who invents or discovers any new, nonobvious and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof.

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A design patent may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture.

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A plant patent may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.

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U.S. federal patent law specifies the conditions for patentability. The law also establishes the United States Patent and Trademark Office (USPTO) to administer the law relating to the granting of patents.  Once a patent is issued, the inventor, or patentee, must enforce the patent without aid of the U.S. Patent and Trademark Office.

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The preparation of an application for a patent and the conducting of the proceedings in the USPTO to obtain the patent is an undertaking requiring the knowledge of U.S. federal patent law and the USPTO rules of practice and procedure, as well as knowledge of the scientific or technical matters involved in the particular invention.

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Inventors may prepare their own applications and file them in the USPTO and conduct the proceedings themselves, but unless they are familiar with these matters or study them in detail, they may experience considerable difficulty navigating the patent process.  While a patent may be obtained in many cases by persons not skilled in this work, there would be no assurance that the patent obtained would adequately protect the particular invention.

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Julie Celum is a licensed patent attorney.   Her specialized knowledge, resources and skill give her an edge in navigating the complexities of U.S. Patent and Trademark Office.  Contact Julie today for a free initial consultation at info@celumlaw.com.

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