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Patent and copyright law
Understanding Patent and Copyright Law
Patent and copyright law gives the inventor the exclusive rights to the invention. No one else can produce the invention for a set period of time under patent and copyright law. Patent and copyright law is set up to protect inventors. The law on patents can be found in the United States Constitution, Article 1, Section 8 and in Title 35 of the United States Code.
The agency that is in charge of patent laws is a Federal Agency known as the Patent and Trademark Office. Anyone who applies for a patent will have their application reviewed by an examiner. The examiner will decide if a patent should be granted to the inventor. Individuals who have their patent application turned down can appeal it to the Patents Office Board of Appeals.
Just because someone has a patent does not mean that they have the right to use, make or sell the invention. For instance, if a drug company comes up with a new drug, they can get a patent on it. However, it would not be available to be sold to the general public until the drug becomes approved by other regulatory bodies. Likewise, someone may invent an improvement to an existing product, yet they will not be allowed to produce or sell the item until they obtain a license to do so from the owner of the original patent holder.
For someone to receive a patent, as stated, they must fill out an application on their invention. The application will entail the details of the invention and how it is made. In addition, the person applying for a patent must make claims that point to what the applicant deems or regards as his or her invention. A patent may have many claims with it. The claims protect the patent owner and notify the public exactly what the individual has patented or owns.
If someone infringes upon patent and copyright law, it is usually enforced in a civil court setting. The owner of the patent will generally bring a civil lawsuit against the person who has infringed upon their patent and ask for monetary compensation. In addition, the patent owner can seek an injunction which would prohibit the violator from continuing to engage in any acts that would infringe upon their patent in the future.
Many patent owners will make licensing agreements (or contracts) with others. These agreements allow another person or company to use someone?s patented invention in return for royalties. In addition, some patent holders who are competitors may agree to license their patents to each other to expand both of their profits.
Most everything we use in our day to day life was invented by someone. That person had to seek out a patent for their invention. Patent and copyright law protects inventors from having their ideas and inventions stolen out from under them. This makes the playing field more level for individuals. Without these laws, the marketplace would be out of control and the small guy would probably be eaten alive by big business
How to copyright software How to Copyright Software Sanely If you're wondering how to copyright software the good news is you've probably already done it. At least you have if you have ever written software. Most people however get confused over exactly what having a copyright for their software means and this is the trickier question to answer. First of all, thinking it isn't going to do it and you can't really copyright the things you think. Second, only those things that can be seen (when it comes to software) can be copyrighted. If you want to protect the abstract, look into patents. Otherwise if it is original, fixed, and tangible you can copyright it. Essentially you already know how to copyright software if you've put it into a finished form. Once you've written the source code the copyright belongs to you. Copyrighting software doesn't offer the protection that many people hope it will. The idea of the software and anything about the finished product that wasn't available in a tangible (visible) form isn't protected by the copyright. In fact the only thing that is undeniably protected by copyright when it comes to software is the source code. The question you should be asking is now how to copyright software, it is how to patent your software and that requires a much more involved and prolonged explanation. To obtain a patent for your software you must apply for a patent in each country that offers patents for software and in which you wish to have the protection a patent can offer. I warned you this was much trickier than how to copyright software. Then it gets trickier still. There is no universal legal definition of what a software patent is so each country that offers patents also has a different definition for what is protected by that patent as well as for why a patent will be granted. If you want to add to the confusion a little more while wondering how to copyright software, also consider the fact that your software may be given a patent in one of the countries where you applied and none of the others. Of course, if this is not enough fun for you, you can try to deal with the red tape involved in dealing with multiple governments in order to resolve any issues or disputes that may have arisen from the result of the software patents you hold. If you've forgotten the original question it was: how to copyright software? I told you that one was much easier. The main thing you need to do if you're going for international patents (which can secure a profitable future for you and your business) is to get a really good patent lawyer and have him walk you through and hold your hand for the entire process. In fact, I would say that's probably the best advice you can get. Patents are complicated and when you're not exactly sure of what you're doing, whom you need to talk to, and what the next step is you stand to waste a lot of time while taking a bigger risk. It is much easier to deal with how to copyright software on your own than it is to work out the complicated world of software patents. If this is your first time designing your own software you have every right to be nervous and excited and scared to death at the same time. Remember lawyers went to school much longer than you in order to know what to do in this situation so you should not be expected to know how to copyright software when you've never done it before.
Make Allies in the Workplace to Boost your Own Employee Status A pleasant work environment can go a long way. Having allies in the workplace that work with you, opposed to against you, can create an enjoyable calm at your place of employment. While everyone is not going to be best friends in the workplace, the ability to get along is very important. This can be more challenging with some people than others. However, typically when there is a real bad apple in the mix, they tend to weed themselves out with complete alienation. With that in mind, make allies with as many of your co-workers as you can. A healthy work environment makes the actual work go much smoother. If you want to gain allies at work treat everyone with respect. Employees that are known for their fairness and respect for others are the ones that people trust. If something goes wrong on the job, the boss and other employees know that they can get the right version of the situation from the employee that is kind to everyone. You do not have to like people to be kind to them. Co-workers that you do not like personally should be the ones that you greet and discuss work issues with. Other than that, you want to steer clear of your least favorites. The same is true for bosses that are on your least liked list. Simply limit contact to business material and you will cut down on the chances of having altercations. Nothing ignites work hostility more than employees that do not do their share of the work. If you want to have allies in the workplace, be sure that you are doing your job. You will not have to force the issue if you are doing what you are supposed to do. Your co-workers will like having you around and will be pleasant if you are completing the work you need to do. Don?t gossip. This is one of the major ways to create dislike in the workplace. Spreading rumors, or even truths that were confessed behind closed doors can keep the office on edge. If you are the confidant of someone at work, do not take the information they have shared with you and share it with others. If co-workers come to you and bicker about one another, do not chime in. If they are complaining to you about someone, they are complaining about you to someone else. Politely listen and move on. Remember your manners. Sometimes things get hectic at work and we forget our manners. We find ourselves in a hurry, throwing reports at the secretary or interrupting someone?s phone conversation. Try to compose yourself and be polite. Do not forget your manners simply because you are at work. Put forth extra effort to get along with your co-workers that are not easy to get along with. Personalities are going to be in conflict occasionally. There is nothing wrong with being opposed to someone and their views of the world. However, if they are your co-worker or boss, you need to not let that get in the way of you communicating with them. Allies do not have to necessarily be friends. Instead they should be people that are aligned with you because of the job you do and the way that you treat people. Employees that are able to form alliances at work will have a much easier time getting through the day. Also, if something happens on the job and you need help, co-workers will be much more willing to help out if you are someone who is well liked. With that in mind, it is worth your effort to try to gain allies at work.