U.S. Patent, Trademark & Copyright Information



Contents

• Professor Field's basic on-site information
  
  • Annotated list of discussions for artists, small business owners, inventors, web page designers....
  • Distributing copies and linking
  • Unanswered questions
• Related IP resources
  -- For example, how to avoid being burnt by fraudulent invention promotion schemes
• More on-site IP information
  
  • Intellectual Property: The Practical and Legal Fundamentals
         Originally published in 1994; this heavily-annotated article is updated at least annually.
  • Career related
    • Mining the Information Age
           Professor Field discusses intellectual property careers for those without technical backgrounds.
    • Technology and Law: A Growth Industry
           Professor Field discusses intellectual property careers for those with technical backgrounds.
    • IP Specialty Rankings in U.S. News & World Report
           Professor Field argues that such specific rankings are at best misleading.
  • The patent bar
    • Michelle J. Burke & Thomas G. Field, Jr., Promulgating Requirements for Admission to Prosecute Patent Applications
           Among federal agencies, the U.S. Patent and Trademark Office is unique in its ability to require attorneys to pass an examination before practicing before it in patent cases. This article is critical of its approach. See also, commentary on the more recent Premysler cases.
    • Information about the patent bar exam (at the U.S. PTO).
            The only authoritative source of information is the PTO Office of Enrollment and Discipline. In particular, see the current General Requirements Bulletin that may be downloaded from the PTO website.
    • June 1998, Inspector General's Report.
            This report is critical of the PTO's Office of Enrollment and Discipline, pointing out that it is understaffed and that its responsibility to discipline agents and attorneys is sorely neglected.
  • Information about Professor Field's courses; other online articles
    Links to current syllabi, casebooks and prior examinations.

IP Basics for Artists, Authors, Inventors, Web Page Designers...

Thomas G. Field, Jr.

1. Avoiding Patent, Trademark and Copyright Problems
        For small business owners who feel that they cannot afford to be concerned with intellectual property; they should also see the next two discussions. (Those who are also freelance artists, authors, programmers, web designers and the like should also see items 4-8 below; and inventors, items 9 & 10.)
   
   
2. Converting Intellectual Assets into Property
   An overview of strategic intellectual property management and its importance.
   
   
3. Trademarks & Business Goodwill
        Information all business owners need -- for example, about the important differences between strong and weak marks, the importance of searches, and the value of state and federal registrations.
   
   
4. Copyright in Written Work
        Copyright registration and notice, ownership and duration of rights, remedies, deposit and registration, the need for counsel in licensing and other matters of interest to free-lance writers.
   
   
5. Publishers' Rights and Wrongs in the Cyberage
   Argues that both authors and publishers often demand more rights than they need.
   
   
6. Copyright for Computer Authors
        The importance of copyright registration and notice, works for hire, deposit requirements, registration of multiple works, the need for counsel in licensing and other matters of interest to computer artists, authors and programmers.
   
   
7. Copyright in Visual Arts
        Very similar to Copyright for Computer Authors, above, but focuses more on the needs of free-lance artists, craftspeople, photographers, sculptors and the like.
   
   
8. Copyright on the Internet
        Focuses on copyright issues most apt to concern those who post to or own email lists or those who have put up web pages. Such matters as the fundamental distinction between works that are and are not "for hire," deposit and issues to consider in transferring copyright interests are treated in the other two discussions in this list.
   
   
9. Seeking Cost-Effective Patents
        Evaluates intellectual property options in view of the nature of inventions and their market value. Specific strategies for controlling ever-increasing patent costs in the face of market uncertainty. Does not recommend that inventors prosecute patent applications themselves -- they can get much less than they pay for!
   
   
10. So You Have an Idea
         Similar to Seeking..., above, but more basic. Discusses the relationship between patents and the market value of inventions. Also discusses the need for counsel in making outside submissions, the need for prior art searches, being skeptical of invention promoters and other matters of importance to first-time inventors.
    
    

Other Resources

• Laura N. Gasaway, When Copyrights Expire
       Professor Gasaway's helpful table shows when works go into the public domain based on, for example, when they were first fixed in a tangible medium or published.
• U.S. Copyright Office: Copyright Basics
  
• U.S. PTO: Basic Facts about Registering a Trademark (brochure)
  
• Regarding Invention Promoters
  • The United Inventors Association provides a checklist to help spot likely scam artists and offers other helpful advice.
  • See also the U.S. Patent and Trademark Office's anti-scam brochure.
• GreatIdeaGear.com
       Books of interest to inventors and entrepreneurs.

Distributing copies and linking

     Over a twenty year period, about 150,000 copies of Professor Field's basic IP discussions were distributed in print -- through numerous revisions -- by Franklin Pierce Law Center and others.
     Published copies are no longer available from FPLC. Permission is not needed to print copies for no-charge (beyond recovering out-of-pocket costs) distribution -- as long as the full page, with URL, is distributed. Mounting online copies elsewhere is not permitted, but links are welcome.

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Additional information

• These materials are regularly revised in response to feedback; we are always glad to learn how they could be even more useful. E-mail suggestions to tfield@piercelaw.edu.
• Also try The Intellectual Property Mall
       Overseen by Jon Cavicchi, FPLC's IP Librarian, the IP Mall links to a host of internal and external resources.
  
  

Modified Jan. 8, 2006
URL: /tfield/IPBASICS.HTM


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