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Patent or Copyright?
Posted by . updated on 3/24/2003
I have created a unique concept for jewelry that I would like to legally protect before I pitch it to some companies for national distribution. What do I need to get started- a patent or a copyright? Thanks :)
Answers (3)
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Charu N...
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You definitely have a copyright and maybe a design patent. I'd be happy to give you an initial consult for free. Thanks.
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Bruce B...
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You probably need a copyright, but if the structure is inventive and not conventional then a patent might also be in order. A design patent would probably be harmful due to its 14 year term which would limit your effective copyright term to 14 years rather than its normal term of life plus 70 years. I am in nearby St. Louis and can help you on this. I will give you a free initial consult of 1/2 hr.
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Todd Epp
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You might be able to get a design patent. Certainly a copyright registration may be in order. Before either of these, however, you should have the prospective manufacturer sign a non-disclosure agreement before showing them the item. You want to reduce your chances of someone ripping off your design. Consult with an attorney to have the documents drafted and to be more fully advised. Thank you for your question. Best regards, Todd D. Epp, Esq.
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