Main Library - Business, Law and Government Services

Patents, Trademarks and Copyrights

[Patents] [Trademarks] [Copyrights] [Students/Young Inventors]

Welcome to the Broward County Library, Business, Law and Government Services' (BLG) web page on intellectual property. This site is designed to provide basic information on patents, trademarks and copyrights--what they are and how and where to search them. Links to a variety of intellectual property websites are also provided. As a Patent and Trademark Depository Library (PTDL) since 1984, the Broward County Library disseminates information on behalf of the U.S. Patent and Trademark Office.

BLG Services has the reference resources one needs to obtain general patent, trademark, and copyright information, determine the patentability of a new idea, conduct patent and trademark searches, and apply for patent, trademark or copyright protection. General circulating books relating to intellectual property are available on the fourth floor of the Broward County Main Library as well as in the branch libraries.

What are Patents, Trademarks and Copyrights?

Patents, trademarks and copyrights represent various forms of intellectual property. Although there are some similarities and in rare cases, overlaps in protection, they are different and serve different purposes. The following provides some brief descriptions of each:

Patents are "a grant of a property right by the Government to the inventor." Patents allow inventors to exclude others from making, using, or selling the invention. For more information about patents please see General Information Concerning Patents at the USPTO's website. Trademarks are "any word, name, symbol or device which is used in trade with goods and services to indicate the source or origin of the goods or services and to distinguish them from the goods or services of others." For more information about trademarks please see Basic Facts about Trademarks at the USPTO's website. Copyrights "protect the writings of an author against copying. Literary, dramatic, musical and artistic works are included." "Copyright protects the form of expression rather than to the subject matter of the writing." For more information about copyrights please see Copyright Basics at the Library of Congress, Copyright Office's website.

For more information on differentiating among these forms of intellectual property please follow the link What Are Patents, Trademarks, Servicemarks, and Copyrights? to the discussion on the USPTO website.

Frequently Asked Questions About Patents, Trademarks, and Copyrights

Additional questions and answers may be found in the publications: General Information Concerning Patents, Basic Facts about Trademarks and Copyright Basics. Please see the opening page on intellectual property for links to these publications.

General

1.  May materials be checked out related to patents, trademarks, & copyrights?

Yes, circulating copies of books on these subject matters may be checked out. All materials in the BLG department at the Main Library are reference, but materials are available on the fourth floor in the circulating collection. Also, many materials are available throughout the library system at the various branch libraries.

2.  Can I conduct a patent or trademark search at a branch library?

Searching for patents or trademarks should be initiated at the Main Library, Business, Law & Government Documents Section (5th floor). Although some information may be available via branch libraries, most materials are only available in the BLG Section. Furthermore, the staff in the BLG Section receives specialized training and is more knowledgeable in answering intellectual property questions. Experienced searchers who do not require special guidance may perform searches on the Internet at any library location.
 
3. Can I use the internet to do a patent or trademark search?

Yes. Patent searching is now possible on the internet. However, the searcher must be aware that Internet searching may be complicated for novice searchers. Also, keyword searching is not recommended as many patents may be missed using this method. Searchers should visit a Patent and Trademark Depository Library for information regarding the USPTO's recommended search steps. Trademarks may also be searched (within specified date ranges) at the USPTO website. Common law searching may also be performed on the internet. Searchers should search as many sites as possible to account for common law usage.

For further instructions, please see the sections on searching for patents or trademarks.

Patents

1.  Will the U.S. Patent and Trademark Office or staff at a PTDL conduct a patent search for me?

No. Staff in the USPTO's Patent Search Room or at a PTDL will assist you with your search, but they will not do the search for you. Staff will also be able to assist you if you need information on a specific patent number or other basic information.

2.  How long will it take to conduct a patent search?

The time it takes to conduct a patent search varies depending on the searcher, the type of invention, the number of patents issued similar to the invention, etc. Staff in the BLG department have had searchers claim to do searches in two hours and have seen other searchers every day for 2-3 weeks.

3.  What do the terms "patent pending" and "patent applied for" mean?

They are used by a manufacturer or seller of an article to inform the public that an application for patent on that article is on file in the Patent and Trademark Office. The application may be either a regular, non-provisional application or a provisional application.

4.  Is there any danger that the U.S. Patent and Trademark Office will give others information contained in my application while it is pending?

No. All patent applications are maintained in the strictest secrecy until the patent is issued or the application is published if it is subject to the pre-grant publication at 18 months requirement. After the patent is issued, however, the Office file containing the application and all correspondence leading up to issuance of the patent is made available in the Files Information Room for inspection by anyone and copies of these files may be purchased from the Office. Also, some or all of the portions that are considered public information may be made available online at the USPTO website.

5.  Will the Patent and Trademark Office or staff at a PTDL help me to select a patent attorney or agent to make my patent search or to prepare and prosecute my patent application?

No. The Office or PTDL staff cannot make this choice for you. However, your own friends, general attorney, or local inventors' organization may help you in making a selection from among those listed as registered practitioners on the USPTO roster. Also, some bar associations operate lawyer referral services that maintain lists of patent lawyers available to accept new clients.

Trademarks

1. Do I need to search for conflicting marks?

Although USPTO does not require an applicant to conduct a search for conflicting marks before filing an application, performing a good search can be useful. One reason for doing a search is that the application fee is not refundable if a conflicting mark is identified. The examining trademark attorney at the Patent and Trademark Office will conduct a search for conflicting Federal registered and pending marks and inform the applicant if any are found. Another reason for doing a search is that not all marks are registered or pending with the USPTO, since many marks are used either with State registrations or without registration. A search including a wide variety of resources, would help to identify potentially conflicting marks from among these.

2.  How long does a trademark last?

A trademark term is 10 years. If the owner continues to use the mark to identify its goods or services and files the appropriate paperwork between the fifth and sixth year after registration, and renews the trademark between the ninth and tenth year and then every ten years after that, trademark rights can last indefinitely.

3.  What type of application do I need?

Applications may be filed either based on use (already using the mark in commerce) or based on intent to use. International applicants may file based on their application or registration in another country. Also, there are three formats for filing applications with a sliding fee schedule based on the degree to which the application is automated. Please see Basic Facts about Trademarks and the USPTO web site for further information.

4.  Will the Patent and Trademark Office or staff at a PTDL conduct a trademark search for me?

Generally no. The Patent and Trademark Office will not conduct a search for conflicting marks nor will most PTDLs. For further information on how a PTDL can assist you contact the PTDL nearest you.

Copyrights

1.  How long does copyright protection last?

Copyright protection generally is good for the life of the author/creator plus 70 years for works created on or after January 1, 1978. For other copyright durations, please see Copyright Basics.

2.  Do I have to register my copyright?

No. However, there are a number of advantages to registering your copyright. Two advantages are: your registration is a matter of public record and in cases of infringement, the copyright must be registered in order to file for infringement in Federal court.

3.  What copyright application should I use?

Which form you use depends on the work you have created. There are five basic application forms: PA, SE, SR, TX, and VA. Each of these provides protection for different types of creations:

• PA for published and unpublished works of the performing arts (musical and dramatic works, pantomimes and choreographic works, motion pictures and other audiovisual works)
• SE for serials, works issued or intended to be issued in successive parts bearing numerical or chronological designations and intended to be continued indefinitely (periodicals, newspapers, magazines, newsletters, annuals, journals, etc.)
• SR for published and unpublished sound recordings
• TX for published and unpublished nondramatic literary works
• VA for published and unpublished works of the visual arts (pictorial, graphic, and sculptural works, including architectural work

What is a Patent and Trademark Depository Library?

A Patent and Trademark Depository Library (PTDL) is a library designated by the US Patent and Trademark Office to receive and house copies of US patents and patent and trademark materials, to make them freely available to the public, and to disseminate actively both patent and trademark information.

Trained staff is available to assist anyone who needs to research the novelty of an invention or of a trademark. Staff will be glad to help with the use of any materials provided to the library by the U.S. Patent and Trademark Office; however, staff will not perform patent or trademark searches, nor offer advice, interpretation, or opinion regarding the patentability of an invention or the registrability of a mark.

PTDLs are located in nearly all 50 states and in Puerto Rico, including three in the state of Florida. Because hours of operation and scope of collections may vary, please call in advance before visiting a PTDL. The three in Florida are:

Fort Lauderdale: Broward County Main Library, 954-357-7444

Miami: Miami-Dade Public Library, 305-375-2665

Orlando: University of Central Florida Libraries, 407-823-2562

Click here for a complete listing of Patent and Trademark Depositiry Libraries nationwide.

 

 

PTC Home | Trademarks | Copyrights | Students/Young Inventors

Please send your questions and comments about these sites and suggestions for other sites to refdesk5@browardlibrary.org.