[ale] OT: Manufacturing an idea....

[Benjamin Scherrey]

Copyright and Patents are two completely different types of intellectual property. 

	Yes - you automatically have the copyright of any new creation you make (unless it falls 
within work-for-hire provisions in which case your hiring organization automatically has the 
copyright). However, in order to actually sue you must first file for the copyright and, if you want to 
be able to put some real muscle ($100,000 per instance + legal fees) behind your copyright 
infringement, you must file the copyright PRIOR to the infringement. Filing a copyright is cheap (~ 
$35) and very easy although I filed my last one in August, they didn't cash the check until 
December, and I still haven't received the actual notice to date so it's slow unless you pay for the 
rush job ($500). The point is that I have proof of the filing, however, so if I ever need to litigate, I 
have all the proof I need of filing that I need so long as my copyright is actually granted (so if it's 
REAL important, pay the $500). That's copyright.

	Patents are a completely different bird and you must file your patent before ANY public 
disclosure or you effectively lose all protections. The whole thing about mailing yourself an envelop 
with designer notes has been eliminated as an option of proof of invention time - don't bother with it. 
Proof of date of conception generally comes from a designers notebook which, yes, notorization is 
one form of proof. Make sure anyone viewing or signing your notebook is under a non-disclosure 
agreement so it does not count as a public disclosure. The BEST proof is filing of the patent itself or 
a provisional patent but its always good to keep a detailed designer's notebook regardless, 
especially if you ever have to litigate. It also increases the value of your IP in case you want to sell 
or license it in the future. I'm working on a couple of these myself now. My patent attorney (who is 
quite good) costs $350/hr. Needless to say, I will be doing most of the leg work myself and make 
sure I have my ducks in a row before deciding to move too far along the process. Doing a patent is 
a few orders of magnitude more complex and expensive than a copyright (even the rush job). Often 
one chooses to pursue trade secret protection rather than patent protection as a result.

	Good luck,

		Ben Scherrey

5/14/2003 9:07:58 AM, Joseph Knapka <jknapka at earthlink.net> wrote:

>Marvin Dickens <mpdickens at tlanta.com> writes:
>
>> The moment you get an idea, put your idea in writing along with anything
>> else that is pertinate such as the date(s)of conception and who was
>> present when the idea was conceived. Then make two copies and get them
>> notarized. One copy goes into a lock box for immediate safe keeping and
>> then you put the other one in an envelope and mail it to yourself via
>> the US mail. When you get it, do not open it. The letter will be post
>> marked with a date and this date is what is important.
>
>Just curious: I had read somewhere that the shenanigans with the
>envelope mailed to oneself were no longer necessary, and that
>one is automatically the copyright owner of anything one puts
>down in writing. I'd think that for proof of the date of
>conception, notarization would be sufficient. Is that not the
>case?
>
>Thanks,
>
>-- Joe
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