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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.
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| 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.
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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:
- U.S. Patents: Databases and Search Resources, U.S. Patent and Trademark Office [USPTO].
Includes data from January 1 1976 to the current week,
and links to G4 TIFF patent images.
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Google Patents. US patent data
with graphics and links to related
patents.
- Canadian Patent Database
- Delphion Intellectual Property Network.
The Delphion company provides for-fee services
but their "Intellectual Property Network" site
links to freely searchable databases
too, including: United States patents, European patents and patent applications, PCT application data from the World Intellectual Property Office, Patent Abstracts of Japan, INPADOC family and legal status data, and IBM Technical Disclosure Bulletins. U.S. patents
can be browsed by classification by title or by number.
- European Patent Office
- Europe's Network of Patent Databases
- U.K. Patent Office
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Science & technology databases. Some sci/tech databases, for example
Chemical Abstracts, include patents in that field.
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.
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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.
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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.
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Copyright: An overview. Cornell University. 2003. Legal
Information Institute, Cornell University.
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Copyright and fair use.
Stanford University
Libraries. 2004.
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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.
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U.S. Copyright Office.
The US Government site for copyright,
including brochures, FAQs, and information
on applying for copyright. Includes:
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Commonsense copyright: A
guide for educators and librarians.
Talab, R.S. 1999. Jefferson NC: McFarland &
Co.
- Computer and Internet
use on campus: A legal guide to issues of
intellectual property, free speech, and
privacy. Hawke, C.S. 2001. San Francisco CA: Jossey-Bass.
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Copyright and fair use in the classroom, on
the Internet, and the World Wide Web.
Adelphi MD: Univ. of Maryland University
College. 2003.
- Copyright essentials
for librarians and educators. Crews, K. D.
2000. Chicago IL: ALA.
- Copyright in cyberspace: Questions and answers
for librarians. Hoffmann, G.M. 2001. NY:
Neal-Schuman Publishers.
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Crash Course in Copyright. University of
Texas System.
- Growing pains: Adapting copyright for
libraries, education, and society. Gassaway,
L. 1997. Littleton
CO: F.B. Rothman.
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Primer on the Digital Millennium: What the
Digital Millennium Copyright Act and the
Copyright Term Extension Act mean for the
library community. Lutzker,
A.P. 2003.
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SHERPA. Want to find out how you can use
your own work once you've signed a copyright
transfer agreement with a publisher? This
site provides "a summary of permissions that
are normally given as part of each
publisher's copyright transfer agreement."
- Technology and copyright law: A guidebook for
the library, research, and teaching
professions. Bielefield, A., Cheeseman, L.
1997. NY: Neal-Schuman Publishers.
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What colleges and universities need to know
about the Digital Millennium Copyright Act.
Lide, C. 1999. Cause/Effect 22(1). EDUCAUSE.
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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.
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PLoS (Public Library of Science). Open
access to scientific ideas.
- PubMed
Central's
Open Access Publishing Statements
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SHERPA. Describes activities related
to development of open access institutional
repositories. Includes lists of publishers'
copyright policies, digital archives, funding
agencies' archiving policies.
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OpenDOAR, worldwide Directory of Open
Access Repositories.
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| Want to post copyrighted materials on a website for
off-campus use? Using Blackboard™? Check these sites for
guidelines and other institutions' common practices.
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- 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?
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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."
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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.
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