Patent Questions.

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HotDog-Cart
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Patent Questions.

Post by HotDog-Cart »

Hey guys. I've had some neat ideas lately, and have even started drawing them on paper. I have some questions about patenting these objects, so noone else can use them and such. (Like Copyrighting or Trademarking)

1) Whats the difference between Copyrighting a idea/invention and Trademarking an idea/invention?

2) Does it cost money to trademark or copyright something?

3) What does copyrighting or trademarking protect my work against?

4) What do I need to be eligable for copyrighting or Trademarking an object? (Like, do I actually have to build a prototype? or can it just be on paper?)

5) If I copyrighted or trademarked a creation of mine, and someone else: Updated it (Built off mine), copied my creation, or made something similar (like a parody), could I do something to them? (Like a Cease and Desist, or Lawsuit?)

Thanks guys.
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Kurt_
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Post by Kurt_ »

I too would find these interesting.

I'm too tired right now (Already drugged up and ready for a good night's sleep) but you should check out this:

http://strategis.ic.gc.ca/sc_mrksv/cipo ... ain-e.html

Trademarks are for phrases, images, etc. where Patents are for objects.
Last edited by Kurt_ on Tue Sep 11, 2007 7:25 pm, edited 1 time in total.
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benol
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Re: Patent Questions.

Post by benol »

HotDog-Cart wrote:Hey guys. I've had some neat ideas lately, and have even started drawing them on paper. I have some questions about patenting these objects, so noone else can use them and such. (Like Copyrighting or Trademarking)

1) Whats the difference between Copyrighting a idea/invention and Trademarking an idea/invention?

2) Does it cost money to trademark or copyright something?

3) What does copyrighting or trademarking protect my work against?

4) What do I need to be eligable for copyrighting or Trademarking an object? (Like, do I actually have to build a prototype? or can it just be on paper?)

5) If I copyrighted or trademarked a creation of mine, and someone else: Updated it (Built off mine), copied my creation, or made something similar (like a parody), could I do something to them? (Like a Cease and Desist, or Lawsuit?)

Thanks guys.
1) Check Wikipedia or dictionary.com

2) Yes

3) See 1

4) It can just be on paper in the U.S., Not sure about Canada.

5) Yes


EDIT: Parody is legal, if 20% or more has been changed from the original content.
Last edited by benol on Tue Sep 11, 2007 7:25 pm, edited 1 time in total.
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Post by HotDog-Cart »

Don't tell me to check wikipedia. Wiki could be wrong. I need some GOOD info here.
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Post by soundwave »

Studies have shown that Wikipedia has around the same amount of errors as Britannica.
And on top of that, he gave you a second option, dictionary.com

I believe for number 5 if someone uses your copyrighted/trademarked/patented work, and they make money off it, they have to pay you royalties.
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Post by benol »

Just wondering, what are you planning on trademarking? Don't worry. I won't steal it. But I can't say the same about others here.
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Post by vskid »

soundwave wrote:I believe for number 5 if someone uses your copyrighted/trademarked/patented work, and they make money off it, they have to pay you royalties.
If they lose money you can get in trouble, too (like handing out free XP cds and keys).

Copyright is there by default, this post is copyrighted by me whether or not I say so. So you couldn't copy it and say that you wrote it, that would technically be illegal, but I wouldn't press charges and the case would likely be thrown out anyways.

Trademark is for a saying, like "Frosted Flakes are grrreat!".

Patent is pretty much a copyright on an idea, thats about as far as I can understand, some of the stuff patents do seems like a truckload of BS.
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Post by Valium »

Copyrights protect your ideas from being stolen, say you invent something, and copyright it. Then some company makes something thats basically the same thing. You'd have the right to make them stop production, at least long enough for them to change it enough to be different than yours.

Trademarks are things company's use to distinguish themselves from other companies, for example, Apple's apple.


Patenting costs money, I believe it changes depending on what you're patenting. My friend built a lossless speaker and is in the process of getting it patented, said it was about..$2000 or so.

You have to build a prototype, assuming its something you can build.
Last edited by Valium on Tue Sep 11, 2007 7:51 pm, edited 1 time in total.
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Post by benol »

soundwave wrote:I believe for number 5 if someone uses your copyrighted/trademarked/patented work, and they make money off it, they have to pay you royalties.
If they lose money you can get in trouble, too (like handing out free XP cds and keys).

Copyright is there by default, this post is copyrighted by me whether or not I say so. So you couldn't copy it and say that you wrote it, that would technically be illegal, but I wouldn't press charges and the case would likely be thrown out anyways.

Trademark is for a saying, like "Frosted Flakes are grrreat!".

Patent is pretty much a copyright on an idea, thats about as far as I can understand, some of the stuff patents do seems like a truckload of BS.


This is originally mine. I wrote it.
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Post by HotDog-Cart »

Whats the big difference between Copyrighting and Patenting?

Is it: Copyright = Basically, "protecting" a making of a design. Like a TV with a radio in it. But in that design you use other peoples parts? (Like a Sony TV, and a Hitachi radio?)

Patenting: Protecting a Making of your OWN TV brand, and using your own parts. And then making your own radio that has your own parts in it?
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Post by bicostp »

I think a patent is for a physical item (the comb-over, for example. It's US Patent 4,022,227), whereas a copyright applies to a non-tangible design or intellectual property.
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Post by vskid »

benol wrote:
soundwave wrote:I believe for number 5 if someone uses your copyrighted/trademarked/patented work, and they make money off it, they have to pay you royalties.
If they lose money you can get in trouble, too (like handing out free XP cds and keys).

Copyright is there by default, this post is copyrighted by me whether or not I say so. So you couldn't copy it and say that you wrote it, that would technically be illegal, but I wouldn't press charges and the case would likely be thrown out anyways.

Trademark is for a saying, like "Frosted Flakes are grrreat!".

Patent is pretty much a copyright on an idea, thats about as far as I can understand, some of the stuff patents do seems like a truckload of BS.


This is originally mine. I wrote it.
lol, I was reading that and I was like "this seems really familiar, doesn't he know I just cleared that up?". Then it hit me, "duh, he just made fun of you by claiming your post as his own". Yes, I am out of it today. :P
Wikipedia wrote:A patent is a set of exclusive rights granted by a state to a patentee for a fixed period of time in exchange for a disclosure of an invention.
Wikipedia wrote:Copyright is a set of exclusive rights regulating the use of a particular expression of an idea or information. At its most general, it is literally "the right to copy" an original creation.
I'll take a stab at your question, copyright is for written things, patents are for ideas/inventions.

EDIT:
bicostp wrote:the comb-over, for example. It's US Patent 4,022,227
Wonder if theres any popular hair styles that aren't patented... :twisted:
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Post by HotDog-Cart »

Does anyone know for sure?
Like, I want to protect a thing I'm making, but I dont wanna pay a lot of money.

So, what are copyrights for?
and what are patents for?
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Post by vskid »

This site might have some useful info for you, found on Google by searching "patent copyright". :wink:
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Post by benol »

Just go to your nearest patent office. Or look them up. They will tell you everything. I really can't help, I live in the U.S. and laws are different in the C to the A to the N-A-D-A.

EDIT: ZOMG! Forgot a period!
Last edited by benol on Tue Sep 11, 2007 8:19 pm, edited 1 time in total.
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