Welcome to the Broward County Main Library Information Services Section 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 on
this and the other intellectual property webpages on our website. As a Patent
and Trademark Resource Center (PTRC), the Broward County Main Library
disseminates information on behalf of the U.S. Patent and Trademark Office.
The Information Services Section of the Broward County Main
Library is one of over 80 libraries nationwide designated by the United States
Patent and Trademark Office (USPTO) as a Patent and Trademark Resource Center
(PTRC). The Broward County Main Library became a PTRC (formerly Patent and
Trademark Depository Library or PTDL) in 1984. As a PTRC, it receives and
maintains a collection of patent and trademark materials for public use in
accordance with Title 35, Section 12 of the U.S. Code. The Information Services
Section also maintains information on copyrights, as it is another form of
intellectual property. Copyright registrations are administered by the Copyright
Office at the Library of Congress, not the United States Patent and Trademark
Office.
What are Patents, Trademarks and Copyrights?
Patents, trademarks and copyrights represent various forms of intellectual
property. Although there are some similarities and, in some cases, overlaps in
protection, they are different and serve different purposes. The following
provides some brief descriptions of each:
Patent: "A patent for an invention is the grant of a property right to the
inventor, issued by the United States Patent and Trademark Office." Patents
allow inventors to exclude others from making, using, or selling their
invention. For more information, please visit General Information Concerning Patents or view the PDF.
Trademark: 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 please visit Trademark Basics and Basic
Facts about Trademarks (disponible en Español con la edición titulada
Protegiendo su Marca).
Copyright: A form of intellectual property that protects the writings of an
author against copying. Literary, dramatic, musical and artistic works are
included. Copyright protects the form of expression rather than the subject
matter of the writing. For more information please visit Copyright Basics.
For more information on differentiating among these forms of intellectual
property please read
Trademark, Patent, or Copyright?
The following types of information are available in the Information Services Section:
- General patent, trademark, and copyright information
- How to determine the patentability of a new idea using
available resources; however, staff cannot give advice or opinion on
patentability
- How to conduct patent or trademark searches
- How to prepare a patent, trademark, or copyright
application. Although staff cannot give advice or opinion on specific
application related questions, there’s a service available to pro-se patent
applicants whereby they can get procedural and administrative assistance with
their patent application. This service is the Virtual Assistance Pilot
Program.
Highlighted Service: Virtual Assistance Pilot Program – Attention
Pro-Se Inventors
The Office of Innovation Development of the USPTO is working with the Patent
and Trademark Resource Center at the Broward County Main Library to provide
greater availability to those needing assistance with the Patent Process by
allowing individuals to set up appointments to speak with examiners directly at
USPTO by means of the Virtual Assistance Pilot Program. This is a
videoconference meeting which requires in person presence at the Broward County
Main Library. Information on a variety of topics relating to patents and
assistance with USPTO administrative and procedural matters will be provided by
USPTO staff during the meeting, however, no legal advice will be given. Examples of assistance include reviewing provisional and nonprovisional patent
applications for proper form prior to filing and assistance with procedures
related to patent application prosecution. The Virtual Assistance Pilot Program
extends the services that our Patent and Trademark Resource Center has provided
in the past.
Requests may be made for Virtual Assistance appointments to be
scheduled during the following times: Tuesdays and Wednesdays 1-3PM, as well as
Thursdays 10AM-Noon and 1-3PM, with at least two business days’ notice. Meetings
may be for one or two hours as needed, and there is no limit to the number of
meetings that may be requested over time, as these are on an as needed basis. Scheduling of appointments are mediated by PTRC librarian or designated
backup. To participate, please ask at the 5th floor Reference desk or call
954-357-7439 for details.
A Virtual Assistance Pilot Program Inventor
Checklist is available to participants to provide guidance on general
requirements, some necessary commonly used items, as well as recommended online
basic training.
For additional information about this program from the USPTO, please use the
following links:
Useful links for those interested in the Virtual Assistance Pilot program:
Links to USPTO monthly patent related programs
The USPTO conducts two monthly chat programs related to patent information of
interest to independent inventors. The format for these live programs consists
of approximately a half-hour presentation followed by a half-hour question and
answer session. An email address is provided for each for questions to be
submitted to the USPTO. These programs (click on program title to access page),
along with the corresponding regular scheduled times and emails for asking
questions are:
Although they are freely available online, these USPTO programs are also
simulcast live at the Broward County Main Library’s
Creation Station Business (CSB) for those interested in viewing them at the
library.
*If interested in attending, please check the USPTO website links provided
above to verify program title as well as program date/time, as there have been
some exceptions to the regularly scheduled times. The USPTO also archives past
programs at those website links.
For more information please call the Creation Station Business at
954-357-7418 and/or the Reference Desk at 954-357-7439.
RESOURCES
The materials listed below are available in the Information Services Section
(via print, microform, or electronic resources, including online):
- Patents Utility Patents - 1790-present
- Design Patents - 1842-present
- Plant Patents - 1931-present
- Reissue Patents - 1872-present
- Attorneys and Agents Registered to Practice before the U.S. Patent and
Trademark Office
- Classification Definitions
- Code of Federal Regulations, Title 37
- Commissioner of Patents, Annual Reports
- Index of Patents (The USPC has been superseded by the Cooperative Patent
Classification for utility patents)
- Index to the U.S. Patent Classification System (The USPC has been
superseded by the Cooperative Patent Classification for utility patents)
- Manual of Classification (The USPC has been superseded by the
Cooperative Patent Classification for utility patents)
Trademarks
- Code of Federal Regulations, Title 37
- Design Code Manual for Trademarks
- Official Gazette
Copyrights
- Code of Federal Regulations, Title 37
- Copyright Circulars
The Information Services Section also has many related books, government
reports and documents, and other information relating to patents, trademarks
and copyrights. Please ask staff for assistance.
Websites
U.S. Copyright Office
Publications on
copyright basics, copyright registration, and copyright registration searching.
Information regarding copyright forms is available at
U.S. Copyright Office Forms, and
information regarding copyright registration is available at the
Registration Portal.
Additional links to other sites may be found at the following Broward County
Library web pages:
Frequently Asked Questions about Patents, Trademarks, and Copyrights
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 Main Library Information Services Section are
reference, but some materials may be available on the fourth floor in the
circulating collection and/or at other branch locations. Please ask a staff
member for assistance.
- Can I conduct a patent or trademark search at a branch library? Searching
for patents or trademarks should be initiated at the Main Library, Information
Services Section (5th floor). Although some information may be available via
branch libraries, most materials are only available in the Information Services
Section at the Main Library. Furthermore, the staff in the Information Services
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 or
from home. Please note that staff is available to provide guidance in the use
of library materials and official Internet resources, but will not perform a
patent or a trademark search nor offer advice, interpretation, or opinion
regarding the patentability of an invention or registrability of a trademark.
- Can I use the Internet to do a patent or trademark search? Yes. Patent
searching is 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 potentially relevant patents may be missed
using this method. Searchers should visit a Patent and Trademark Resource Center
for information regarding the USPTO's recommended search steps. Trademarks may
also be searched (within specified date ranges) at the USPTO website. Common law
trademark searching may also be performed on the Internet. Searchers should
search as many sites as possible to account for common law usage of trademarks.
For further instructions, please see the sections on searching for
patents or
trademarks.
Patents
- Will the U.S. Patent and Trademark Office or staff at a PTRC conduct a
patent search for me? No. Staff in the USPTO's Public Search Facility or at a
PTRC will assist you with your search by providing you guidance regarding the
procedure, 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. However, if you have difficulty with your patent search and would
like some help, you can request a videoconference with someone from the USPTO
via the Virtual Assistance Pilot Program at the Broward County Main Library.
Their office can assist with connecting inventors to an examiner in the area
they are trying to search. The examiner can then provide them with CPC symbols
to search. It would not be a comprehensive search strategy, but more of a high
level of where to start. However, they are not able to provide legal advice.
- 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
Information Services Section has had a few searchers complete searches in about
two hours, but the reason in these cases was that the exact invention had been
patented recently, and so it was found quickly. More typically, staff has seen
searchers return just about every day for 2-3 weeks when they require the
library’s facilities to complete the search.
- 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.
- 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 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.
- Will the Patent and Trademark Office or staff at a PTRC help me to select
a patent attorney or agent to assist me with my patent? No. The Office or PTRC
staff cannot make this choice for you. However, your general attorney 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, but there
may be a fee for the service.
- Will the Patent and Trademark Office or staff at a PTRC help me to
prepare, review, file, and prosecute my patent application? Staff a PTRC cannot
assist with preparing, reviewing, filing, and prosecuting patent applications.
However, the Broward County Main Library offers the Virtual Assistance Pilot
Program, mentioned above, whereby patent applicants can meet with USPTO staff
via videoconference at the Broward County Main Library to discuss the specifics
of their applications and get procedural and administrative assistance with
preparing, reviewing, filing, and prosecuting patent applications. However,
they are not able to provide legal advice.
Trademarks
- 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.
- 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.
- What type of application do I need? Applications may be filed either
based on use (already using the mark in commerce regulated by the U.S. Congress)
or based on intent to use. International applicants may file based on their
application or registration in another country. Also, there are three methods
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. If you still need advice on selecting the
kind of application, you will need to contact a trademark attorney for
assistance. Also, the
Trademark Information Network (TMIN) videos and the
TEAS Nuts and Bolts videos can be of great help.
- Will the Patent and Trademark Office or staff at a PTRC conduct a
trademark search for me? No. The U.S. Patent and Trademark Office will not
conduct a search for conflicting marks nor will the PTRCs. For further
information on how a PTRC can assist you contact
the PTRC 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 (PDF).
Also, please see the page
Copyright Term and the Public Domain in the United States from Cornell
University.
- 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. For other
advantages to registration, please see
Copyright Basics (PDF).
- What copyright application should I use? If filing electronically via
Electronic Copyright Office (eCO), there are no separate forms from which to
choose, just one electronic filing system designed to handle all. More
information is available at the Copyright Office Registration Portal. An
advantage to electronic filing is the lower filing fee as compared to paper
filing. If filing in paper, 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)
Additional information regarding application forms is available at
U.S. Copyright Office Forms.
What is a Patent and Trademark Resource Center?
A Patent and Trademark Resource Center (PTRC) 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.
The approximately 80 PTRCs nationwide 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 PTRC.
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
A complete listing of Patent and Trademark Resource Centers nationwide
Please send your questions and comments about these sites and suggestions for
other sites to
answer@browardlibrary.org.
