Subject: Intellectual Property--Patents, Trademarks & Copyright
 
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This guide suggests sources for researching intellectual property--patents, trademarks and copyright. For legal advice, consult a legal professional or expert.

  • About Intellectual Property
  • Patents
    • Regional Sites for Patents
    • Databases of Patents
    • Web Resources for Patents and Patent Research
    • FAQs on Patent Information
  • Trademarks
  • Copyright
    • Basic Copyright Resources
    • Educators & Researcher & Copyright
    • Distance Education, Blackboard™ & Copyright
    • FAQs
  • ABOUT INTELLECTUAL PROPERTY
    Patents, trademarks, and copyright all involve protection of intellectual property. For more information  you can go straight to the horse's mouth--the U.S. Government..

    Other sources:

    • Intellectual property: A guide for engineers. 2001. American Bar Association, Committee on Public Information, Section on Intellectual Property Law. NY: ASME Press.
    • Intellectual property law for engineers and scientists. 2004. Hoboken NJ: IEEE Press.
    • Intellectual property rights for engineers. 2005. London: IEE.
    • Computer and Internet use on campus: A legal guide to issues of intellectual property, free speech, and privacy. 2001. San Francisco CA: Jossey-Bass.
    PATENTS

    Patent literature is useful for both inventors who want to file a patent and for people seeking technical or business information from patents.

    Patent & Trademark Depository Libraries

    Each state in the U.S. has at least one Patent & Trademark Depository Library.  Contacting a Depository Library is a good way to begin patent research. The Denver Public Library is the depository library closest to the Colorado School of Mines. DPL has patents registered from 1790 on, and specialists to help you.  You can search for full-text, full-image of patents at the U.S. Patent and Trademark Office and from the list of Databases of Patents below.

    Search for patents using: 

    Guides on Patents and  Patent Research

    • BustPatents: Legal resources and tools for surviving the Bad Patents patenting frenzy of the Internet, bioinformatics, and electronic commerce.   Provides explanations and examples of "bad" or invalid patents. While the site's emphasis is to educate visitors about bad patents, the information can be useful to understand what makes a good patent.
    • General Information Concerning Patents.   A U.S. Patent and Trademark Office site explains patents, patent law, patent research, the application process, and the function of the U.S. PTO.
    • Patent and Trademark Information.  This guide from the University of California, Berkeley Library has some site-specific information but the resources described are the same for any patent library. Includes
    • The Patent Cafe.   Self-described as a place "where inventors, entrepreneurs, attorneys, kids, find help on patents." This is an information-rich site--start with the Inventors Gateway which has a link to "the Five Ps of Inventing" and other introductory material. The site includes sections for kids, teachers, lawyers, and small businesses.
    • Patents, Copyright, Trademarks, & Copyright.   From Utah State's "Internet Quick Reference site," this guide provides a good list of links for patents, copyright, and trademarks information. Especially useful are the links to sites for international and foreign information and databases.
    • Patent, Trademark, and Copyright Searching on the Internet. Sharpe, Charles C., 2000. Jefferson, N.C.: McFarland & Co., Inc.  This book provides search tips, describes patents, trademarks and copyrights, and explains the application process.
    • U.S. Patent Searching on the Web -- Exploratory Tutorial.  Although written for users of the Patent & Trademark Depository at the Richard W. McKinney Engineering Library, University of Texas at Austin, this step-by-step tutorial covers the fundamentals of patent searching for all researchers.

     

    FAQs on Patent Information

    • Where can I get help researching a patent?
      • The librarians at the CSM Library can help you get started using patent databases.
      • Denver Public Library is our nearest U.S. Patent & Trademark Depository Library.
      • The U.S. PTO and other resources listed above have information on patent research.
    • Is "everything" available from the U.S. PTO website?
      • No--While the U.S. PTO offers open Internet access to full-text and full-image databases of U.S. patents, the site has limitations including:
        • the full-text database is from 1976 on
        • selected patents are missing from the full-text database
        • changes to patent documents are not included in the full-text database
        • assignment changes made at the U.S. PTO are not included in the full-text or full-image databases
      • WARNING! THE U.S. PTO requires a special plug-in to display images.
    • CSM faculty--What if I have a patentable invention?
    • CSM graduate students--What if I have something potentially patentable in my thesis or dissertation?
      • Discuss this with your advisor.
      • Inform the CSM Library of the situation BEFORE submitting your thesis to the Library. Failure to do so may jeopardize your claim to a patent.

     

    TRADEMARKS

    Resources for Trademarks
    • Basic Facts about Trademarks.   This U.S. Patent and Trademark Office site explains trademarks, the registration process, filing requirements, and links to download forms.
    • Frequently Asked Questions (FAQ) about Trademarks.   This U.S. Patent and Trademark Office site's FAQs have numerous explanatory notes and links to key forms and documents.
    • Patent Cafe: Trademark Search Databases.   This site provides an annotated list of links to trademark search databases, both for U.S. and international trademarks.
    • Patent, Trademark, and copyright Searching on the Internet. Sharpe, Charles C., 2000. Jefferson NC: McFarland & Co., Inc., Publishers.  This book provides search tips, describes patents, trademarks and copyrights, and explains the application process.
    • U.S. Trademark Electronic Search System (TESS).   Select TESS under "Search." This is the official trademarks search database from the U.S. PTO, offering the same text and image database of trademarks as currently are provided to examining attorneys at the U.S. PTO.
    • What Are Patents, Trademarks, Servicemarks, and Copyrights?   Provides explanations of the three types of intellectual property: patents, trademarks, and copyrights.
     

    COPYRIGHT

    Copyright is an important aspect of information creation and use. If you create an intellectual work, copyright defines the extent of your control over others' use of the expression of your ideas. If you want to use another's intellectual work, copyright offers both protections and restrictions on how you do so. 

    The Basics

    • Copyright: An overview. Cornell University. 2003. Legal Information Institute, Cornell University.
    • Copyright and fair use. Stanford University Libraries. 2004.
    • Copyright essentials. Indiana University-Purdue University. 2003. Copyright Management Center, IUPUI.
    • Copyright handbook: How to protect and use written works. Fishman, S. 2000. Berkeley CA: Nolo.com.
    • Digital copyright: Protecting intellectual property on the Internet, the Digital Millennium Copyright Act, .... Litman, J. 2001. Amherst NY: Promethius Books.
    • Getting permission: How to license and clear copyrighted material online and off. Stim, R. 2000. Berkeley CA: Nolo.com.
    • U.S. Copyright Office.  The US Government site for copyright, including brochures, FAQs, and information on applying for copyright. Includes:
    For Educators & Researchers

    "Alternative" Copyright Lifestyles
    • Creative Commons. Offers tools for the creators of intellectual property to define the rights they want, encouraging collaboration and use of their work by others.
    • PLoS (Public Library of Science). Open access to scientific ideas.
    • PubMed Central's Open Access Publishing Statements
    • SHERPA.  Describes activities related to development of open access institutional repositories. Includes lists of publishers' copyright policies, digital archives, funding agencies' archiving policies.
      • OpenDOAR, worldwide Directory of Open Access Repositories.

    Distance Education,  Blackboard™ & Copyright
    Want to post copyrighted materials on a website for off-campus use? Using Blackboard™? Check these sites for guidelines and other institutions' common practices.

    FAQs on Copyright
    • How can I tell if a work is copyrighted, or if it is in the public domain?
      • Check the U.S. Copyright Office's guidelines and other authoritative sources to get an idea of what characteristics you should look for.
    • Do copyrighted works have to be registered with the U.S. Copyright Office and/ or include a © symbol?
      • No. Unlike patents and trademarks, copyright doesn't require registration with the .U.S Copyright Office or a © symbol. So--you can't necessarily determine if a work is copyrighted by checking with the U.S. Copyright Office.
    • How do I copyright my own work?
      • According to the U.S. Copyright Office, "Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device."
      • Registering your work with the U.S. Copyright Office does have benefits--check their website.
    • Who do I rely on for copyright advice? Copyright questions can be very complex, and your own personal level of involvement can vary considerably.
      • "Rely on" is a loaded phrase. So is "advice."  What's your acceptable risk?
      • Serious about this? CSM Legal Services can advise you on how to proceed with your question.
      • At the "curious" stage?
        • To get a feel for what the issues are, you can start with authoritative websites such as the U.S. Copyright Office and intellectual property websites from established organizations and major universities.
        • Look for best practices for educators and researchers from universities with strong intellectual property law resources.