Websites and Intellectual Property, and improvement patents

By: ANDREW SCHROEDER
Submitted: 2009-08-07 14:10:12
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To clear up confusion as to how to protect the Intellectual Property of websites, this article will give a brief explanation on how websites might be protected under Patent Law, Trademark Law, and Copyright Law.

The first concept to understand regarding Intellectual Property is the fact that patent law, trademark law, and copyright law overlap.  It is possible to get a patent, a trademark, and a copyright on a bicycle.  A patent can be applied for a unique braking system on the bike.  A trademark can be created for a unique and non-functional look of the bike (and word marks).  And a copyright can be extended to various graphics on the bicycle as well.  The three pillars of intellectual property: patents, copyrights, and trademarks are no mutually exclusive.

As such, a website which incorporates a novel and non-obvious method or process can be afforded patent protection.  One bad example is the Amazon 1-click patent.  This is a bad example in the sense that the patent was probably improperly issued due to serious questions related to USC 103 which requires non-obvioiusness.

A website may also be able to qualify for trademark protection through various logos, words, colors, sounds, or other source identifiers which are placed throughout the website.  A consistent look throughout the website pages can be given trademark rights.  A closely related issue may be cyber-squatting which is actually covered under another narrow law.

And a website may also have copyright rights as well.  Most websites have an assortment of images, articles, artwork, and other text which certainly comes under copyright law.  Moreover, any software running on those websites may also qualify for copyright law through their source code and object code which may be registered with the Library of Congress.

Improvement patents are basically a novel and unobvious improvement to a current or an expired patent.  The term improvement patent can also refer to an improvement to an existing device whether or not it is already patented.

Improvement patents must pass all of the standard tests which apply to all patent applications.  They must be novel, useful, and non-obvious.  Many times improvement patent applications are made because the inventor discovered a better way of making that invention after the original provisional or nonprovisional patent application was filed.

You should note that some improvement patents are not actually filed by the original inventor, but another inventor.  Let’s say that Joe inventor invents the inflatable spoon comprising a spoon with an orifice to inflate the apparatus.  Another unrelated inventor Jane, may file an improvement patent on that inflatable spoon with an integrated pencil.  Note that the original patent by Joe Inventor would not allow Jane to make her improvement invention.  However, Jane’s improvement patent would prevent Joe from using that improvement with his own invention.  

Sometimes these improvement patents are known as “blocking patents”.  Let’s say that company A invents a new cell phone with an integrated laser pointer that becomes all the rage.  Rival company B can use a blocking patent to prevent company A from going into the firearms market by filing an improvement patent which integrates a small firearm with the integrated laser pointer cell phone.  Even though company B has no intention of marketing and selling this invention (and they could not without company A’s permission), company B just wants to “block” company A from reaching into another market segment.

Andrew Y. Schroeder is a licensed patent attorney based in Los Angeles, California.
The Los Angeles Patent Attorney
los angeles patent trademark attorney

Article source: Expert Articles

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