Patents, Trademarks and Copyrights
If you are selling craft items, do you need a patent for it?
People are normally confused with patents and copyrights. They are used to the word "copyright" no thanks to the immense effort by the music record industry in enforcing their rights where a number of people had been brought to court and prosecuted for "illegally copying" music downloads from the internet. But what if you are selling some craft items that you made yourself? Do you have to seek copyrights or patents for them so that others can't take you to court for infringements?
Well, to put it straight, copy rights is automatically accorded to an item when it is created and published, like a book, music composition or an art item. Although it is usually accorded the right automatically, you still have to prove that you were the first person who created it. So there is a process of registering with the authorities on the piece of work that you seek copy right status. And if you want to protect your rights, you have to go through the process of officially lodging your creation with the relevant authorities in your area.
When we talk about patents, it is usually meant to be an invention. In most countries, for an item to be deemed an invention, you will need to prove that it is something new, like a new machine, or a new process and it has to be able to be rendered into a physical product that performs a work, also, the idea has to be new and not registered any where else. So do your art craft need to be patented? Yes, if only it has parts that performs a certain function and that process must not be obvious to the general public, or those skilled in the arts. Normally, art craft items is for show and does not contain any mechanical parts that performs special function, so you only need to copy right it to give it some form of protection. You don't need to go through the hassle of patenting it.
"A patent for an invention is the grant of a property right to the inventor, issued by the Patent and Trademark Office in their area. The term of a new patent is normally 20 years from the date on which the application for the patent was filed. As patent protection is territory specific, you will need to seek protection in other countries as well. It could become very costly then, and thus, for craft items, it is not viable to seek patent on it. Instead, just copy right it will do.
What about Trademark then?
"A trademark is a word, name, symbol or device which is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. Now, if you are just selling the craft items as a one time offer item, you might not need to register a trademark for it because the process will take time and come with a cost. But if you intent to offer it for sale on a long term basis, or you need to stamp your identity on the item, by all means, go for trademarking. Your trademark will also become an intellectual property as time goes. People will also be able to associate that item to your brand, so instead of talking about the particular craft item (a generic item),calling it by the brand will make your item special. If it sells well, your brand will become known and your trademarking effort will be able to reap rich harvest.
However, small time sellers of craft items don't normally go to the extend of trademarking their product. It is unfortunate as a little extra effort in registering a trademark for their item will go a long way in reaping a fortune later on. Traders should put it as a requirement to trademark their products so that it is easily identified in the markets. For example, supposing you have sold a piece of cake through some other channels, and the buyer wants to repeat another buy because it tasted very good, but just can't locate where to buy; If your piece of cake had a brand on it, then perhaps the buyer can ask around for that brand (assuming that your cake is available through another channel) and get it from another outlet, rather then asking around for a piece of cake that has got no identification!
Power from flexing-the technology that will bury oil
Here is a technology that might change our ideas of how future devices are powered. Engineers from Princeton University have developed a device that harnesses the tiny flexing movement of our muscles to generate electricity. The idea is based on piezoelectric principles using lead zirconate titanate (PZT). Compared to quartz material, PZT is 100 times more efficient and is able to convert 80% of the mechanical energy to electricity. The Princeton engineers came up with PZT nanostrips embedded in rubber films which can be implanted in muscles to power heart pacemakers. The material is also compatible with human body parts and will not be rejected by the body. Further more, the process is reversible; passing electricity through PZT will be converted to mechanical movements. It is a scientist's dream come true. Perhaps the future of renewal energy technology!
January 29, 2010