Ashtabula County Bar Association

        Robert R. Hussey, II is a patent attorney located in Cleveland, Ohio. After receiving his Engineering degree from Case Institute of Technology, Mr. Hussey became a managing engineer with responsibilities for product research and development and creation of new products in paper processing equipment, the automotive industry, bicycle industry, and other various metal and plastic products. Upon receiving his Juris Doctor degree from Cleveland Marshall Law School, Mr. Hussey became a registered Patent Attorney before the United States Patent and Trademark Office. He has been responsible for the prosecution and obtaining patent protection in diverse product areas and has been a practicing trial Attorney in various cases before both the State and Federal Courts. Mr. Hussey is admitted to practice before the United States Supreme Court, the Court of Appeals for the Federal Circuit, the Sixth Circuit Federal District Court and Ohio State Courts. He is a member of various professional groups and has presented lectures on patent law to various institutions and professional groups. Mr. Hussey served on the editorial board of the Cleveland Marshall Law review. His published articles include "Patent Law and the Engineer" and "Trade Association Offering Legal Services - A Possibility For Small Corporations".

WALKING THROUGH THE PATENT PROCESS

INTRODUCTION

The United States Constitution and laws passed by Congress provide for the protection of intellectual property through patents, trademarks and copyrights. They also recognize that trade secrets are worthy of protection and preservation. The protection of intellectual property is provided to foster the development of technology, commerce, and the useful arts in the United States.

The four types of intellectual property referred to above are:

1. Patents - Patents are classified in three categories as follows:

A. Letters or Utility Patent

For a new and useful process or method, machine, manufactured article, composition of matter, or any new and useful improvements thereof.

B. Design Patent

For a new, original and ornamental design (appearance) for an article of manufacture.

C. Plant Patent

For distinctive and new varieties of non-tuber propagated, cultivated, asexually reproduced plants.

2. Trademarks - A Trademark is any word, name, symbol or device which is commercially used on the goods to indicate the source or origin of the goods and to distinguish them from the goods of others. Trademark rights may be used to prevent others from using a confusingly similar mark but not to prevent others from making the same goods or from selling them under a non-confusing mark. Similar rights may be acquired in marks used in the sale or advertising of services (Service Marks)

3. Copyrights - Protects literary, dramatic, musical and artistic works of an author, including computer programs, from being copied.

4. Trade secrets - A method, machine, manufactured article or composition of matter that is maintained as a secret.

This booklet is an overview of PATENTS and highlights of the process by which a patent is obtained.

 

TRADEMARKS

    Trademarks are used to distinguish one's goods or services over another. Trademarks are generally affixed or attached to the goods or containers in which they are sold. Service marks are used in connection with the providing of a service.

Registration of trademarks may be made Federally with the U. S. Patent and Trademark Office or in each state with the office of the Secretary of State. There are many advantages with a Federal Trademark Registration and this section is directed to Federal Registrations.

 

INTRODUCTION TO COPYRIGHT

        Copyright laws have been promulgated to protect the author's artistic expression of their works. During the last 20 years, Copyright Laws have undergone substantial change. The general trend of these changes have been to provide authors with more comprehensive protection. Notably, those changes made in 1978 and 1989. However, when assessing the status of any work, it is important to consider certain dates, such as the date that the work was completed, and the date of publication of the work. For purposes of this paper, the current law is reviewed and occasionally references may be made "pre 1978" or "pre 1989". These include works in the year indicated.

The purpose of this article is to provide an overview of the current copyright laws. In order to analyze any individual situation, additional laws must be reviewed. To provide the reader with a general understanding of the Copyright Laws, this outline breaks down the Copyright Laws into three areas:

• GENERAL PRINCIPALS OF COPYRIGHT LAW

• THE COPYRIGHT REGISTRATION PROCESS

• COPYRIGHT ENFORCEMENT