Labor relative to the requirements in this area.
Patents, Copyrights and Trademarks - Virtually everyone has heard about these three terms, yet most people do not understand the differences and/or how to obtain each of the three types of protection. Let’s try and clear that up...
A Patent applies to unique inventions, discoveries & process es, and is the most difficult of the three to obtain. The U.S. Patent & Trademark Office issues it. Essentially it is the right to exclude others from making, using, offering for sale or selling the invention -or even importing the invention into the U.S. To obtain a patent you must file an application with the U.S. Patent & Trademark office. It is generally very advantageous to have a patent attorney involved to lead you through this very complicated process.
A Copyright is a form of intellectual property, and protects original artistic, literary, musical and dramatic work. Copyright exists the moment a work is created. Registration of a copyright is not mandatory. However, if you wish to bring a lawsuit for infringement of a U.S. work you will need to register the work. To register a work, submit an application form, a non refundable filing fee ($35-$50) and a non returnable copy of copies of the work to be registered to the U.S. Copyright Office (101 Independence Avenue SE; Washington DC 20559-6000. The application is form SL-35. One would indicate an intention to copyright by placing a © at the end of the document to be protected.
A Trademark applies to a logo or other identifying mark related to the sale of goods. It also applies to a product or business name when used as an adjective, such as Apple laptops. Most people will use a trademark attorney to file a trademark for your intellectual property. While this is not required, a private attorney may help you avoid many potential pitfalls in the trademark application process. It is essential to search the USPTO database (/trademarks/basics/searching.jsp) before filing an application, as this will tell you if someone else already claims the rights to the particular mark through a federal registration. Should you choose to proceed with the application it can be done electronically using the Trademark Electronic Application System (http:www.uspto.gov.trademarks.teas.index.jsp)
Do I need a trademark? - There is no requirement that you have a trademark for your business, but it does protect the name from others using it. If you plan to operate only in a very local area there probably is no need to file for a trademark. However, if you plan to sell your product or service in a wide geographic area you should file for the trademark to protect this name. For additional trademark information you can email the Trademark Assistance Center [email protected] or telephone them at 1-800-786-9'9.
Confidentiality Agreements (NDAs) - Non-Disclosure Agree ment) - A major concern of many inventors is that their idea will be stolen by others with whom they have discussed it for the purpose of moving the idea forward toward commercialization. To help protect the inventor, it is useful to use a non-disclosure agreement, which any attorney can develop based on the needs of the inventor. Essentially this is a document that says that the party exposed to the idea will not share this information with others without the permission of the inventor, nor will they utilize the ideas presented in the document for their own use. This is a document that should be carefully crafted by an attorney to ensure that the inventor is adequately protected.
How To Deal With Attorneys - Almost any new business will have some interaction with attorneys during the formation or start-up process of the business. While attorneys are a very valuable resource for a new business entrepreneur, they also can be very expensive if not utilized properly. The following are a series of guidelines when working with attorneys that should improve both the efficiency and quality of the relationship.
Be prepared when meeting with your attorney so time is not wasted getting you (and them) organized. This includes under standing what the goals are of your meeting and having the appropriate paperwork and facts available to facilitate the process.
Be aware that attorneys generally charge in six minute intervals, so keep the small talk down to the minimum. Try and get right down to business rather than talking about things that are not related to the problem at hand.
CHAPTER SEVEN - ORGANIZATIONAL STRUCTURE
This chapter is intended to give you the information needed to structure your organization. The obvious assumption is there will be more than one person operating in the company. The goal is to address the various questions that an entrepreneur will have relative to working with others in the organization and establishing a decision-making hierarchy for the company.
Advisory Board - One of the first things that an entrepreneur should do it establish an advisory board for the organization. This should consist of experienced individuals who can advise you both about how to run your company, but ideally are also very familiar with the product category in which you are operating. There are many ways of getting advisory board assistance, such as:
Friends, family or business colleagues who have experience in business and/or the product category you are entering. The most important criteria for them are that they are knowledgeable, and will be objective when providing advice to you. The last thing a new business owner needs is an “advisor” that simply agrees with everything you say or do, just because they don’t want to hurt your feelings
Utilizing the services of a free consulting service such as SCORE. The counselors in our SCORE chapter function as advisors to hundreds of small companies aiming to provide them with guidance to help them be successful. There are 364 SCORE chapters throughout the United States with more than 14,000 counselors who are waiting to hear from small business start-ups to provide assistance. To reach these counselors go to www.score.org. This website will direct you to the chapter closest to where you live or work.
Working with a university professor as a class project. Many of the business schools in this country are seeking real businesses to work with so their students will gain real world experience before they graduate. Often they can provide excellent help to a new venture both in terms of organizational assistance and operational functionality.
Hiring an independent consultant to work with you on the project. Depending on your approach, this can be very economical or extremely expensive. Often retired executives or university professors will take on small assignments for a very modest fee. However, if you retain a full time consulting firm it could be very expensive, with some consultants charging in excess of $1000 per day for their assistance.
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