BEAST
Sep 1 2003, 07:56 PM
hi all
as topic says and anyone give me a site or where abouts i can gain one or both of these?
thanks
[ September 01, 2003, 17:57: Message edited by: BEAST ]
Redav
Sep 1 2003, 08:15 PM
What do you want to patent? Or is it a secret?
Jetstream
Sep 1 2003, 08:27 PM
Copyrights are for words, painting etc.
Patents are for a design or process innovation.
Trademarks are for brands etc, so it depends on what you are trying to do.
Also once you have disclosed your idea to anyone, you can't get the idea patented as it is now public knowledge.
A simple idea to begin with would be to write down your idea, put it in an envelope and send it to yourself, leave it sealed. And if it ever got to court, you have evidence by the date stamp of when the idea was yours.
If you are serious about whatever it is that you have, your probably best to speak to a patent attorny so that you do everything properly and noone screws you because you forgot to do something.
There is a office for this sort of thing and it can cost around $4000 to get it patented/trademarked etc. I'm looking at trademarking a brand myself.
lancerman
Sep 1 2003, 10:30 PM
QUOTE
Originally posted by Jetstream:
Copyrights are for words, painting etc.
Patents are for a design or process innovation.
Trademarks are for brands etc, so it depends on what you are trying to do.
Also once you have disclosed your idea to anyone, you can't get the idea patented as it is now public knowledge.
A simple idea to begin with would be to write down your idea, put it in an envelope and send it to yourself, leave it sealed. And if it ever got to court, you have evidence by the date stamp of when the idea was yours.
If you are serious about whatever it is that you have, your probably best to speak to a patent attorny so that you do everything properly and noone screws you because you forgot to do something.
There is a office for this sort of thing and it can cost around $4000 to get it patented/trademarked etc. I'm looking at trademarking a brand myself.
I agree with the above.
And would like to add that a copyright is automatic, just that when it comes time to sue somebody about it, you have to prove that it was your original work. That is where the posting to yourself idea comes from.
It depends on what type intellectual property you want to protect, that determines whether you want a copyright, patent, or trademark.
BEAST
Sep 1 2003, 10:43 PM
hi guys looking to get a pantent or watever on a design i have done? do you have to register for copyright or does it just happen? and who do you register with?
VR%2051X
Sep 1 2003, 10:49 PM
Killbilly
Sep 1 2003, 11:25 PM
Posting stuff to yourself doesnt stand up in court. That is an old wive's tail.
I did a bit of copyright law in my music course.
Although it's a nice idea and it does make sense..it doesnt stand up.
Copyright in australia is automatic (I'm using the example of a song here) as soon as the song is in any tangible form. There is no need for any process to go through.
I know nothing about patents though.
Spec83
Sep 1 2003, 11:49 PM
I think the idea also has to be sort of "special"...not just a picture with a clock added on to it. It also has to be well documented if it is to be taken seriously... this could be wrong as i am thinking back to a first year first semester engineering unit...a lot of maths and mechanics and crap has been jamed in my poor head since that time
BEAST
Sep 1 2003, 11:52 PM
so i dont have to register for coppyright? i can just put that up when i want to or i have to register? and is a trade mark better than patent? how do i go about getting that?
Killbilly
Sep 2 2003, 12:02 AM
What is it you want copyrighted or patented?
As said before. If it's copyright, it's automatic as soon as it's in tangible form. This goes for music (in music only the lyrics and the melody are copyright funnily enough) and literature.
lancerman
Sep 2 2003, 01:50 AM
QUOTE
Originally posted by BEAST:
so i dont have to register for coppyright? i can just put that up when i want to or i have to register? and is a trade mark better than patent? how do i go about getting that?
Briefly describe what it is you need to protect, you don't have to tell us what it is, just what its about.
Copyright, patent, and trademark are different things for different purposes. They protect different types of intellectual property. There is also a category called 'design' which no one has mentioned yet.
Ok, to clear up confusion, I've refered back to my old IP notes and here is some info:
Copyright - protects works, be they pieces of art, drawings, literature, music, etc. The work must have some sense of originality. It is automatic when the work is created. If you reckon someone breached your copyright, you need to sue them and prove that you created the original work before them. The duration of copyright subsists for life of the author plus 50 years, for corporations, its 50 years (this is likely to be extended).
Design - To protect visual form or appearance of articles that are mass produced, eg. company logos. These need to be new/original, and there is a registration process. Total available period of protection is 16 years (consisting of 12month period plus three 5 year renewals). Protection of design IP overlaps that of copyright.
Patent - protects novel ideas/inventions/innovations, such as the lightbulb, a can opener etc. It requires registration, and certain conditions must be met, such as a need to be inventive and new. There is a 20 year term of protection.
Trademarks - protect identiable words and combinations that are used as identifiers for the business or product, such as Nike, Toyota, Sony, McDonalds etc. These need to be registered. Dunno the term though (it was an optional paper!)
Hope this helps, let me know if you have more Q's...
-DJ-
Sep 2 2003, 03:12 AM
man.
pm me - tell me all about this idea/innovation you want to patent.
is this going to make lots of money for me???
heh
d
gavsta
Sep 5 2003, 10:19 PM
Not 100% sure on this.
But to copyright a work u have to first put the © somewhere on it. without it a piece of work cant be seen as being copyrighted.
lancerman
Sep 5 2003, 10:25 PM
QUOTE
Originally posted by Gavsta:
Not 100% sure on this.
But to copyright a work u have to first put the © somewhere on it. without it a piece of work cant be seen as being copyrighted.
Nah, this is a common misconception, you don't need the ©, its just there for copyright owners to expressly make known that they assert copyright over the work, and to also put the year they created the work. But its not necessary to put it there to receive copyright protection. Just as illustration, copyright can also protect artistic sculptures, have you seen a sculpture with a © engraved on it?
Beezo
Sep 6 2003, 01:03 AM
The farkin © don't mean sh*t. I see ppl always putting it on their work. Go see the Patent Attorney as Jetstream said. Don't tell ppl about your idea, or you might be sueing them later for stealing your intellectual property.
Go see the ppl in the know, tell as few ppl about the idea as you can. But be warned, it costs a bundle.
For all those ppl who think adding a © to your work. That don't mean nothing, unless you have the trademark/copyrights/patents to back it up. All done through the right avenues, with the right signatures and stamps.
* * * * *
If you really have no idea. I dunno, look in the yellowpages under Patents. Or search the net for the Patent ppl's office locations. Or, if worse comes to worse, get a free consultation with a solicitor to find out where to go.
[ September 05, 2003, 23:04: Message edited by: Beezo ]
Killbilly
Sep 6 2003, 01:46 AM
QUOTE
Originally posted by Beezo:
For all those ppl who think adding a © to your work. That don't mean nothing, unless you have the trademark/copyrights/patents to back it up
Copyright is automatic. As soon as the work is in tangible form it is automatically copyright. There is no avenues to go through and this is why copyright is a tricky area, there is no documentation. Mailing things to yourself is a misconception.
Patents on the other hand are a different story and I dont know anything about them so I wont say anything about them.
Beezo
Sep 11 2003, 01:02 PM
My apologies. Killbillys right.
http://www.copyright.org.au/How do you get copyright protection?
There is no system of registration for copyright protection in Australia. You do not need to publish your work, to put a copyright notice on it, or to do anything else to be covered by copyright — the protection is free and automatic. There are no forms to fill in, and there are no fees to be paid. You do not have to send your work to us or to anyone else.
A work is protected automatically from the time it is first written down or recorded in some way, provided it has resulted from its creator’s skill and effort and is not simply copied from another work.
© is not necessary, but serves as a reminder that the work is protected.
* * * *
I studied copyright law outside of Australia. I'm not FOS, I just didn't realise it differs place-to-place.
[ September 11, 2003, 11:04: Message edited by: Beezo ]
Killbilly
Sep 12 2003, 10:16 PM
That's cool Beezo, I had to do a bit of Copyright law in my music course I did. The reason I always remember that fact is because it makes it insanely hard to say "I wrote this song". Hence why some of those legal battles in huge bands can last for decades.
To original poster:
If it's a song you can register it with APRA and then that at least gives you some sort of proof that the song is yours.
I think the site is
www.apra.com.au
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