Photo by Mika Baumeister on Unsplash

So you have a great idea and you’re asking yourself what should you do to protect your idea. It could very well be that multi-million dollar idea and you want to make sure it is kept safe and you follow the correct process in getting it legally protected. Maybe, it’s a wonderful phrase or business name that you want to use to identify the brand you’re building. What about those lyrics and musical works you did? Or that invention that you created? Should you patent, trademark or copyright? This can get confusing if you don’t know what to do or where to go. Thankfully, the U.S. has a Patent and Trademark office that has been around for more than two hundred years and they make registering your work a smooth and simple process. Even though the office is in the US, you don’t need to be a US citizen for your work to be protected just as long as it wasn’t patented in a foreign country before applying in the US. Here are the details about which one to use to protect your work:

What is a Patent

A patent provides protection for your invention. If you are someone that is very creative in this area, then a patent is the way to go. A patent protects your invention by excluding others from selling, distributing or handling your work giving you full rights to profit from your creation typically for about 20 years after filing an application. According to the United States Patent and Trademark Office there are three types of patents:

1. Utility patents – This protects invention of processes, machines, manufacturing articles,  any new or improved composition of matter.

2. Design patents – Provides protection for ornamental design for manufacturing.

3. Plant patents – protect inventions for new plant reproductions

You can file your patent application online and make payment on the agency’s website at www.uspto.gov and it’s for protection only within the United States and US territories.

What is a Trademark?

A trademark differs from a patent in that while a patent provides protection for an invention, a Trademark protects a phrase, a word, a business name, a symbol, or a design. A trademark helps others to identify your business and your brand to stand out from others. When you have a trademark protection, no one else can use, sell, or participate in any business transaction concerning your trademarked name or logo. 

Before going through the process of registering for trademark protection, you can check the database to make sure that your symbol, design or phrase hasn’t already been trademarked. This is done through the Trademark Electronic Search System otherwise known as TESS. The site offers different options to make your search easier depending on what you are registering. A Servicemark is synonymous with a trademark except that while a trademark focuses on a product, a servicemark focuses on the service.

What is a Copyright?

Copyright provides protection for original works of authorship. If you are a creator of any form of literary work such as music, drama, songs, movies, poetry, software, even architecture. The beautiful thing about copyright law is that your work doesn’t have to be registered in order for it to be protected. The moment your work is created it is automatically copyright protected. However, you do need copyright protection if you are involved or intend to pursue a lawsuit. Even though you don’t need to register your work, it is highly recommended that you do so to avoid any potential disputes. Also, when you register your work you receive a certificate of registration that is concrete proof that cannot be disregarded. 

Even though there are online agencies that will assist you in registering your work for copyright protection, you can do it yourself online at the copyright office at www.copyright.gov

How Much Do These Services Cost?

Patent –

Because patents protect inventions, designs and patents, the fee varies depending on the type of patent and whether you fall under a micro, small or large entity. A micro entity starts at **$55 and a large entity can run up to **$400. There are also additional fees if your application size exceeds fifty sheets and you are filing large size software programs.

Trademark – 

Trademarks have two main fees, the standard and the plus. The standard runs **$225 while the plus is **$275. There may also be additional fees for requesting extensions and when you are registering documents in order to keep your registration alive.

Copyright – 

The cost to register your work for copyright protection also varies as this area is so broad. A single author with one work can cost as little as $45 while revisions and updates to a database can cost up to $500. There are also costs for copies and retrievals, recording of documents, licensing, and special services.

Now that you have the information you need to make an informed decision, make sure you keep your work safe, keep a record of proof that you are the original author if you haven’t legally protected it as yet, find out more information from the websites listed for these agencies.You would not want to treat a potential multi-million dollar idea or invention carelessly. 

**Fees and costs are as of October 2020 and may change. Please visit the agency’s official website for current prices.