From: mark@trillian.jsc.nasa.gov (Mark Manning)
Subject: Copyrights.  Part3
Organization: Simulacron I
Date: Tue, 14 Apr 1992 16:02:55 GMT

This is part 3 of the "Copyrights. Part #" series and the last one in the
series.  This article deals with Patents.  Before I continue though, let me
say that >I< am NOT a lawyer.  I've just done a lot of reading on patents,
copyrights, and Notary Republics.  I also can not stand the "Old Wives Tales"
which are passed around every time someone brings up a question about
copyrighting software.  I DO really wish that those people who condone the
mailing of sealed envelopes, the placement of the (c) symbol without actually
copyrighting, and all other notions without merit; would simply say "I don't
know - why not call your local copyright office?"  Folks, there are people
there just waiting to help you.  I've never had a bad experience with the
copyright people - ever.  Put on hold a lot - YES.  But bad experiences - NO.

Further, I'd like to say that I don't know everything.  I'm not claiming to
know everything - I can't.  I also think that when dealing with Patents
it is a VERY good idea to talk to a lawyer.  Copyrights and Notaries are
one thing.  Patents another.  If nothing else - you want to at least have
a good basis to work from and a lawyer will have a better basis than you
will yourself.

With that said:

Patents.  The DOs and DON'Ts.

1.	What is the difference between Patents and Copyrights?

	A.	The basic, layman's difference, between Patents and Copyrights is
		that a Patent is an expression of an idea while a Copyright is
		an embodiment of an idea.  This is really important.  To Copyright
		something you have to have a physical embodiment.  Like a book,
		a motor, a type of wire, or something along these lines.  To Patent
		something though you simply have to have a viable idea.  These can
		range from blue prints, to elaborate descriptions.  The main difference
		though, is that you do NOT have to have something already created.

	B.	A good example of the differences between a Patent and a Copyright
		is gasoline compounds.  When an oil company creates a new gasoline
		compound, the formulae for the gas is Patented.  Then, the actual
		gasoline itself is copyrighted.  In this way both the way in which
		the gas was created as well as the end product is protected against
		thieft.

2.	Why Patent?

	A.	The first reason you would want to patent an idea is if the idea is so
		different and unique that not one else has thought up the idea.

	Ex:	The game Monopoly (R) by Parker Bros. is patented.  Which is why there
		are no other games BY ANOTHER COMPANY which has the same basis as
		Monopoly.  Monopoly was deemed unique enough to allow for a patent
		to be issued.  Remember that:  It must be a NEW and UNIQUE idea.

	B.	The second reason you would want to patent an idea is because you have
		come up with a NEW and UNIQUE way in which to build upon a former idea.

	Ex:	Let's say you decide to add additional cards to Monopoly which allows
		for governments being overthrown, terrorists, chemical spills, etc....
		Then you could apply for an addendum to the patent for Monopoly.  (This
		in turn would probably bring you all sorts of legal hassles which I'm
		not going to get into because this is just an example.)  If the addendum
		was found to be NEW and UNIQUE to the game's current patent and no other
		person has a similar patent already attached, then a new patent would be
		issued to you.  So remember:  You can have a Patent issued to you for
		adding to an already existing patent.

3.	How do you Patent?

	A.	First, you have to get the forms.  Again, you can get them from the FICA
		-or- you can get them from your local Patent Office.  In Houston, Texas
		one of the offices is in the basement of the Rice University Library.
		There are others in Houston though.
	B.	Secondly, you will have to produce a technical drawing of what you are
		trying to patent.
	C.	Third, you will have to produce a technical write-up of your idea.
	D.	Fourth, you will have to mark every single thing you are patenting and
		make sure you detail WHY it is unique and WHY you should have a patent
		on each and everything.
	E.	Fifth, you can - but do not have to - perform what is called a patent
		search.  The reason I say you don't have to is because the patent
		office is going to do it AGAIN after you have done one.  They do that
		so that if you missed something then they might catch it.  In several
		of the books on patenting which I've read; all of them talk about this
		and one or two of them suggest skipping the patent search.  I can't
		say yea or nay.  Just that you might want to also skip it.
	F.	Sixth, send in your patent.  This costs about $300.00.  But you can
		send in up to five patents at one time.
	G.	Seventh.  It is very likely that on your first try your patent will
		be rejected.  Don't get discouraged.  The patent office usually marks
		what is wrong and sends the patent request back.  Simply make the
		adjustments and re-submit it.  You have up to three trys.
	H.	If, after three tries you don't get it - then you only have the court
		set aside for handling patent application problems.  If they say no,
		then you can not get a patent for your idea.  (Now's the time to
		cry!)

	I.	Starting from the first, a patent attorney can help.  They are expensive
		though.  Ranging in price from $1000.00 to $100,000.00 you can pay through
		the nose.  The sad part is - there is no guarantee you will regain any
		of the money spent on a patent attorney.  Even so, it is always a good
		idea to at least talk to a patent attorney before beginning.  And it is
		always nice to have someone help you out along the way.

Conclusions:

As I've already said; don't listen to the "old wives tales" people.  Our system,
in America, is based upon facts and proof.  If you don't have the proof to back
up your claim of copyright, patent, trademark, or registry - then you are only
setting yourself up to loose.  Further, your loss can be far greater than you
can imagine.  Lawsuits contesting copyrights, patents, et al usually run in the
hundreds of thousands to millions, and recently, billions of dollars.  Why set
yourself up to loose?  When for a few dollars here and there you can get a basic
Notary done to document your work.  When for less than $20.00 you can get a
copyright.  When for less than $500.00 you can get a patent?  And any idea worth
millions - is worth $500.00 on your part.  Don't you think?