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by: RexStevenson
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The word trademark describes an image, a device, or words which act like a signature for a certain product.

Copyright is a way of protecting both unpublished and published literary, artistic and scientific works, and any forms of expressions as long as it is tangible. It means you can touch it, hear it, or see it. An essay, a play, a song, funky original choreography, HTML coding, or graphics can be protected. Laws of copyright grant the creator's exclusive rights to distribute, display, perform, reproduce, and prepare derivative works publicly.

In the United States the guarantee for a patent (which is also an intellectual property) is ensured by the USPTO, in other words, United States Patent and Trademark Office. Registering your patent there will keep anyone from distributing, selling or copying your patent for a certain amount of time. The Patent Act, 35 U.S.C. refers to the United States patent and clears any form of confusion concerning the law.

There are subjects which are not given patent protection. It includes mental processes, physical phenomena, abstract ideas, and nature laws. Take for instance; you can't patent a new plant, insect, or mineral found or discovered in the wilderness. Likewise, the law of gravity couldn't have patented by Newton and "E=mC2" by Einstein. Any discovery which shows characteristics of nature is not reserved for a single person since it is free to all. Nature laws and abstract ideas are reserved for public domain. Artistic, musical, dramatic, or literary works are entitled for copyright protection. Inventions which are offensive and not useful are deprived of a patent right.

The purpose of this patent law is to protect the inventors from intellectual property stealing, but only for a certain time. They gain right on their inventions and can use them in any form they wish. There is also a system which will give the inventors restricted monopoly on their ideas, in order to use and sell. The law is stated in the U.S. Constitution, Clause 8 of Section 8 of Article I.

The inventions can be made available to the public however retaining its right from preventing others to use, sell, or make the invention. Patents are considered public records once it is issued. The patent applications of inventors must disclose the best approach for using or making their patented invention. The patent can be considered invalid if you fail in this procedure.

It is a fact that mental processes and abstract ideas are not eligible for patented rights. However, the software based on mathematical algorithms receives patent protection because it does not belong on the patent scopes. Algorithm is considered as a natural law while mathematics is the primary working tool of science and technology. The Supreme Court in 1981 included inventions related to software in the patent protection. It is because the function of the program only incorporates the underlying principles of mathematical algorithms. Non-physical processes are utilized by the software to operate electronically using mathematical equations or algorithms for controlling the computer program outputs. Functional application of mathematical algorithms in computer programs can be patented. Using examples from electricity or physics are not patentable. However, the methods in which electricity are utilized for transmitting information is patentable.

Only unique ideas or new useful inventions can obtain protection. Unless the invention is easily applicable and has a well served purpose, it will not fit the requirements in order to be protected. Also, inventions that are too obvious will have the same fate. Inventions which were sold before being registered will not qualify, when trying to obtain copyright. People who invent the same thing in different parts of the world cannot obtain protection rights easily.

The description of the patent claims is the following: an introduction of the patent, the elements that refer to its usage and the protection of the patent to any form of violation of terms.

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Find more free resources on business trademarks and patents and ways to protect yourself and your business at http://trademark.tips-and-guides.com.

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