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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. The library also maintains the forms and circulars of the U.S. Copyright 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 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 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 see Copyright Basics at the Library of Congress, Copyright Office's website. 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
- 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.
- Can I conduct a patent or trademark search at a branch library?
Generally no (see General Question #3). Searching for patents or trademarks should be performed at the Main Library, Business, Law & Government Department (5th floor). Although some information may be available via branch libraries, most materials are only available in the BLG Department. Furthermore, the staff in the BLG Department receive specialized training and are more knowledgeable in answering intellectual property questions.
- Can I use the internet to do a patent or trademark search?
Yes and no. Patent searching is possible in a very limited capacity on the internet. However, the searcher must be aware that currently, no search system anywhere on the internet allows for complete searching. Also, keyword searching is not recommended as many patents may be missed using this method. Searchers could use the internet for basic searching, but should still visit a Patent and Trademark Depository Library for further searching.
Trademarks may 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 patentsor trademarks.
Patents
Will the Patent and Trademark Office or staff at a PTDL conduct a patent search for me?
No. Staff in the PTOs Patent Search Room or at a PTDL will assist you with your search, but they will not do the search for you. Staff should be able to assist you if you need information on a specific patent number or other basic information.
- 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.
- 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 law imposes a fine on those who use these terms falsely to deceive the public.
- Is there any danger that the 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. 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.
- 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 Office roster. Also, some bar associations operate lawyer referral services that maintain lists of patent lawyers available to accept new clients.
Trademarks
- Do I need to search for conflicting marks?
No, an applicant is not required to conduct a search for conflicting marks. Applicants may find it useful since 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 marks and inform the applicant if any are found.
- 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 trademark rights can last indefinitely by renewing the trademark every ten years.
- What type of application do I need?
For U.S. citizens, applications may be filed in one of two ways - either based on use (already using the mark in commerce) or by an intent to use. International applicants may file based on their application or registration in another country. Please see "Basic Facts about Trademarks" for further information.
- 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
- 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.
- 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 court.
- 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
Broward County Library Resources and Services
The materials listed below are available in the PTDL section of Business, Law, and Government Services. Please check with the librarians for current availability and holdings.
Patent Publications
- U.S. Patents
- Utility Patents -- 1790-1884, 1902-1916, 1934-present
- Design Patents -- 1842-present
- Plant Patents -- 1931-present
- Reissue Patents -- 1872-preset
- International Patents
- United Kingdom - Abridgements of Specifications
- Cuba - Boletin Official de la Propiedad Industrial
- Canada - Canadian Patent Official Record
Patent Searching Tools and Other Related Materials
- Attorneys and Agents Registered to Practice Before the U.S. Patent and Trademark Office
- Basic Facts About Patents
- CASSIS/BIB: Bibliographic Information Files (CD-ROM)
- CASSIS/CLASS: Classification Information Files (CD-ROM)
- CASSIS/ASSIGN: Patent Assignment Information (CD-ROM)
- CASSIS/ASSIST: Many full text PTO publications (CD-ROM)
- GlobalPat: Full text patents from many countries (CD-ROM)
- USAPat: Full text patent database (CD-ROM)
- APS: Automated Patent System (on-line database)
- PAJ: Patent Abstracts of Japan (CD-ROM)
- Classification Definitions (microfiche)
- Commissioner of Patents, Annual Reports 1790-present (microfilm)
- General Information Concerning Patents
- Index of Patents (annual)
- Index to the U.S. Patent Classification System
- Manual of Classification
- Manual of Patent Examining Procedure
- Official Gazette
- SNAP: Serial Numbers for Allowed Patents (CD-ROM)
Trademark Publications
- Acceptable Identification of Goods and Services Manual
- Basic Facts About Trademarks
- Code of Federal Regulations, Title 37
- Compumark Directory of U.S. Trademarks
- Design Code Manual for Trademarks
- Official Gazette
- Trademark Manual of Examining Procedure
- Trademark Protection and Practice
- Trademark Register of the United States
- TRADEMARKS: Assignment File (CD-ROM)
- TRADEMARKS: Trademarks Registrations (CD-ROM)
- TRADEMARKS: Trademarks Pending (CD-ROM)
- TRADEMARKS: Assist (CD-ROM)
- USAMark: Full image trademark database (CD-ROM)
- Trademark Reporter
Copyright Publications
Copyrighting of books and other literary works, music, art, motion pictures and sound recordings is the function of the Copyright Office of the Library of Congress. Copyright resource materials include:
- Catalog of Copyright Entries
- Code of Federal Regulations, Title 37
- Copyright Bulletin
- Copyright Decisions
- Copyright Forms and Circulars (Located at Reference Desk)
- Copyright Laws and Regulations
- Nimmer on Copyrights
Additional Related Reference Sources Legal Publications, Periodicals and other Materials
- Code of Federal Regulations, Title 37
- Court of Customs and Patent Appeals Decisions. v.1- 1910-
- Decisions of the Commissioner of Patents. v.1-100 1869-1968
- Journal of the Patent and Trademark Office Society. 1924-
- PCT Applicants guide
- Shepard's U.S. Citations: Patents and Trademarks
- United States Patents Quarterly
Services
Trained staff are 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 patentablility of an invention or the registrability of a mark.
Photocopying and making copies from microfiche/microfilm is available within the department.
Mail order requests for patent copies are accepted with a letter stating the following: name and address of person requesting information, patent numbers, and a check for $5 per patent, payable to Broward County Board of County Commissioners. Requests should be mailed to:
Government Documents Services
Broward County Main Library
100 S. Andrews Avenue
Fort Lauderdale, FL 33301
Attn: Patent copies
Deposit accounts are available beginning with a $100 deposit.
What is a Patent and Trademark Depository Library? A Patent and Trademark Depository Library (PTDL) is a library which is 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. PTDLs are located in all 50 states and in Puerto Rico, including four in the state of Florida. Because hours of operation and scope of collections may vary, please call in advance before visiting a PTDL. The four 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
Tampa: Tampa Campus Library, University of South Florida, 813-974-2726 Click here for a complete listing of Patent and Trademark Depositiry Libraries nationwide.Depository Library GuideFederal Depository Library Electronic Collection- A comprehensive digital library of US Government information.
Superintendent of Documents Classification System- An explanation of the classification system used to organize government document collections.
Uncle Sam Migrating Government Publications- This page tracks printed government publications that are migrating to the Internet by identifying URLs and linking them directly to the electronic document.
GPO Bookstore- The official online bookstore for U.S. Government publications available for purchase from the U.S. Government Printing Office.
Links to Depository Libraries
The University of Florida is the Regional Depository Library for Florida. They may have documents that are not available to Broward County or South Florida.
FAU Government Documents Department.
The University of Michigan Documents Centeris a well-designed site to guide your search for Government Documents.
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