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Intellectual Property Information CenterCall us now or use the form below. Recent NewsIntellectual PropertyFrequently Asked Questions about Intellectual PropertyQ: How do I know what form of intellectual property protection is available for my work? A: The form of protection depends on the work. Generally, you should seek a trademark for a name, symbol or other device that distinguishes your product. Apply for a patent if you have made an invention or discovery that is new, non-obvious and useful. If you have produced an original work of authorship in a tangible medium of expression, such as a book, computer program, visual artwork or motion picture, copyright is the appropriate protection. Information that you keep confidential for the health of your business, such as a formula or source code, may find protection as a trade secret. Q: How "original" does my work have to be to merit copyright protection? A: Although the work must originate with you in order to be eligible for protection, it need not be pioneering to earn a copyright. The level of originality required for a copyright is met if the expression is new to author, regardless of whether someone else had a similar idea before. If you coincidentally write the same poem as someone halfway around the world, you both have the right to exclude others from copying your poems. If you copy someone else's poem, however, you have no copyright protection. When you face intellectual property issues, an attorney who has regularly advised and represented clients on intellectual property matters can help you to achieve a cost-effective and timely resolution. To learn more about our legal services, contact our firm to schedule a consultation with an experienced intellectual property attorney. Sacramento Intellectual Property LawyersAt the Costello Law Corporation in Sacramento, our attorneys provide aggressive representation to clients in the areas of patent law, trademark law and copyright law. Our intellectual property attorneys represent clients in communities surrounding Sacramento, including Stockton, Marysville, Yuba City, Carmichael, Fairfield, Davis, Roseville, Fair Oaks, Lodi and Vacaville. Intellectual Property - An OverviewIntellectual property law regulates the reproduction of creative and original works. When a work qualifies for protection, its author or creator has the right to exclude others from copying, distributing or otherwise using the work for economic benefit. Generally, intellectual property can be transferred, regulated and protected like other forms of property. The four primary areas of intellectual property are:
If you have questions about copyrights, patents, trade secrets or trademarks, contact an experienced intellectual property attorney. CopyrightA copyright grants its owner exclusive rights in an original work of authorship, including the right to reproduce the work; the right to adapt the work or to prepare derivative works; the right to distribute copies of the work to the public; and the right to publicly perform or display the work. The work must exist in a tangible medium of expression, such as a painting, novel or CD. Copyright law protects the expression embodied by the work, but not the idea behind it. A copyright provides economic rights in the work so that its owner can reap financial benefits from it. Unlike the copyright laws of many civil law countries such as France, which protects the author's moral rights in the work, US copyright law generally does not protect the author's right to ensure the integrity of the work. Contact an experienced copyright lawyer to discuss your intellectual property rights. PatentsA patent is a government grant of the right to exclude others from using, manufacturing or selling an invention, process or design for a specific period of time, usually 20 years from the date the patent application was filed. The United States Patent and Trademark Office (USPTO) is the granting organization. In order to receive a patent, the applicant must show that the invention, process or design is novel, useful and non-obvious. Seek the help of an experienced intellectual property attorney who will answer your patent questions. Trade SecretsThe protection of trade secrets is essential to the health of countless businesses. A trade secret is business information such as a formula, pattern, method or device that has the potential to provide financial gain for its owner. The secret is kept confidential because it is the secrecy that gives its owner the advantage over other businesses. Generally, employees with access to trade secrets have a duty not to disclose them in a way that harms the owner. Unlike patented items, trade secrets do not need to be registered with a federal agency to be protected. Indeed, if trade secrets were registered as patents, they would be available to the public — and no longer secret. Seek the advice of an experienced attorney to protect your intellectual property interests. TrademarksA trademark is a word, symbol, name or other designation that identifies and distinguishes a good or service. Trademarks exist mainly for the protection of the consumer; the ability to identify the source of a good or service help the consumer to confirm quality and authenticity. Trademarks also help businesses prevent competitors from usurping the goodwill associated with their products and services. Trademark law's origins lie in the common law on unfair competition, but statutory law has codified and expanded these protections. If you have questions on how to protect your intellectual property rights, contact an experienced trademark attorney. Intellectual Property Resource Links
US Copyright Office
US Patent and Trademark Office (USPTO)
Federal Trade Commission (FTC)
World Intellectual Property Organization (WIPO)
US Department of Commerce
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