CHAPTER 10 Fixed Assets and Intangible Assets
CP 10–4 (Concluded)
The application also includes one or more claims, although it is not always a
requirement to submit these when first filing the application. The claims set out
what the applicant is seeking to protect in that they define what the patent owner
has a right to exclude others from making, using, or selling, as the case may be. In
other words, the claims define what a patent covers or the “scope of protection.”
After filing, an application is often referred to as “patent pending.” While this term
does not confer legal protection, and a patent cannot be enforced until granted, it
serves to provide warning to potential infringers that if the patent is issued, they
may be liable for damages.
Source: http://en.wikipedia.org/wiki/Patent#Application_and_prosecution.
Copyright
While copyright in the United States automatically attaches upon the creation of an
original work of authorship, registration with the Copyright Office puts a copyright
holder in a better position if litigation arises over the copyright. A copyright holder
desiring to register his or her copyright should do the following:
1. Obtain and complete appropriate form.
Trademark
The law considers a trademark to be a form of property. Proprietary rights in
relation to a trademark may be established through actual use in the marketplace
or through registration of the mark with the trademarks office (or “trademarks
registry”) of a particular jurisdiction. In some jurisdictions, trademark rights can
be established through either or both means. Certain jurisdictions generally do not
recognize trademarks rights arising through use. In the United States, the only
way to qualify for a federally registered trademark is to first use the trademark in