Web research: Corporations

Go to the website of About.com and find information about patents and copyrights at http://www.usgovinfo.about.com/blpatents.htm. Read Part 1 on the first page, which contains general information about patents, and then click on one or more of the links to information about applying for a patent. Go back to the first page, click on Part 2, and read about copyrights. Click on one or more of the links about registering a copyright.
Discussion Question
Please respond to this Discussion Question using the information from the Web Field Trip above. Take time to review the responses of your classmates and provide your feedback.
In your Web Field Trip, you were asked to research the procedures for applying for a patent and registering a copyright. What are those procedures? Are these procedures available to anyone who wants to apply for a patent or register a copyright, or are there limitations?

My Response: Jill Stidd 12 Sep 08 12:14 PM MST

Patent: who can apply?“According to the law, only the inventor may apply for a patent, with certain exceptions. If a person who is not the inventor should apply for a patent, the patent, if it were obtained, would be invalid. The person applying in such a case who falsely states that he/she is the inventor would also be subject to criminal penalties. If the inventor is dead, the application may be made by legal representatives, that is, the administrator or executor of the estate. If the inventor is insane, the application for patent may be made by a guardian. If an inventor refuses to apply for a patent or cannot be found, a joint inventor or a person having a proprietary interest in the invention may apply on behalf of the non-signing inventor. If two or more persons make an invention jointly, they apply for a patent as joint inventors. A person who makes a financial contribution is not a joint inventor and cannot be joined in the application as an inventor. It is possible to correct an innocent mistake in erroneously omitting an inventor or in erroneously naming a person as an inventor.”

http://usgovinfo.about.com/gi/dynamic/offsite.htm?site=http://www.uspto.gov/web/offices/pac/doc/general/apply.htm)

Patent: who can not apply?“Officers and employees of the Patent and Trademark Office are prohibited by law from applying for a patent or acquiring, directly or indirectly, except by inheritance or bequest, any patent or any right or interest in any patent.” (http://usgovinfo.about.com/gi/dynamic/offsite.htm?site=http://www.uspto.gov/web/offices/pac/doc/general/apply.htm)Patent:

how to apply?They recommend using the electronic filing system due to its ease. All you do is turn what you are tryping to patent into a PDF and send it through there secure system along with the application and fees. “Use EFS-Web, the USPTO's electronic filing system for patent applications.” (http://usgovinfo.about.com/gi/dynamic/offsite.htm?site=http://www.uspto.gov/main/patents.htm)Patent: feesAlternative fee amount (non-small entity) basic filing fee 850.00 and for Alternative fee amount (small entity) basic filing fee 425.00 ( http://usgovinfo.about.com/gi/dynamic/offsite.htm?site=http://www.uspto.gov/go/fees/index.html p 2)

Patent financial data:Fiscal year 2007 small entity payments $41,519 and for non small entity $ 209,577 quite a bit of revenue here for patent applications. (http://usgovinfo.about.com/gi/dynamic/offsite.htm?site=http://www.uspto.gov/go/fees/index.html. p4,5)

Copyrights: who may apply?Persons or organizations creating "original works of authorship" including literary, dramatic, musical, architectural, cartographic, choreographic, pantomimic, pictorial, graphic, sculptural, and audiovisual displays usually register copyrights. Authors, artists, song writers and creators of computer programs typically register copyrights.Several categories of material are generally not eligible for federal copyright protection.


These include among others:• Works that have not been fixed in a tangible form of expression (for example, choreographic works that have not been notated or recorded, or improvisational speeches or performances that have not been written or recorded)• Titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents• Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation, or illustration•

Works consisting entirely of information that is common property and containing no original authorship (for example: standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common sources)http://usgovinfo.about.com/blcopyrights.htm

There is no need to "apply" for a copyright. A copyright is automatically considered to be granted to the author or creator of the work as soon as it is finished and considered "fixed" in a copy or recording. [Details from the US Copyright Office] While there is no need to apply for copyrights, there are definite advantages to registering them through the Copyright Office. Primarily, registering a copyright establishes a legally enforceable public record of the creator's copyright claim.Things that cannot be copyrighted include any inventions, ideas, procedures, processes, slogans, principles, or discoveries. (http://usgovinfo.about.com/blcopyrights.htm)

Copyright: who may not apply?In the case of works made for hire, the employer and not the employee is considered to be the author. Section 101 of the copyright law defines a “work made for hire” as:1. work prepared by an employee within the scope of his or her employment; or2. work specially ordered or commissioned for use as; a contribution to a collective work; a part of a motion picture or other audiovisual work&; a translation &; a supplementary work; a compilation; an instructional text; a test; answer material for a test an atlas.(http://usgovinfo.about.com/blcopyrights.htm)

Copyright: how to registerTo register a work, send the following three elements in the same envelope or package to:Library of CongressCopyright Office101 Independence Avenue, SEWashington, DC 20559-60001. A properly completed application form.2. A nonrefundable filing fee* for each application.3. A nonreturnable deposit of the work being registered. The deposit requirements vary in particular situations. The general requirements follow. Also note the information under “Special Deposit Requirements.”
(http://usgovinfo.about.com/blcopyrights.htm)

I have written a children’s book that I have wanted to copyright for some time now. I had researched into this a while back and found out that one way to secure copyright of my book was to make a copy, seal it, and send it to myself, and never break the seal. I did that. I now may make the next step and register it now that I have all the information I need to do so. I want to publish it as well; I am looking right now for someone to illustrate it.http://usgovinfo.about.com/blpatents.htmhttp://usgovinfo.about.com/blcopyrights.htmDate Modified: 12 Sep 08 12:20 PM MST