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  1. #1
    Join Date
    Jul 2016
    Location
    California
    Posts
    11

    Default Do You Get Copyright Protection Even if Your Application is Denied

    Hi,
    I have a Design Patent that was granted in 2007, and has 2 years left to run.

    I also applied for a Copyright back in 2004, which was rejected by the Copyright office... but I have their letter, and a copy of my application, including the artwork I submitted.

    The artwork is exactly the same for the Design Patent and the Copyright application.

    So, if necessary, I could prove in a court that I submitted that design in 2004.

    Does that effectively give me legal protection of my design?

    And does it mean that, although my Design Patent expires in 2 years, I still have protection?

    The design has been used in commerce (which I can prove).

    Many thanks for any input.

  2. #2
    Join Date
    Oct 2014
    Posts
    7,432

    Default Re: Copyright Protection Even if Application is Denied?

    Copyright only protects the actual drawings, written materials, etc that you created. You have protection for that from the moment you created it. Registration is not required for copyright protection, though you do need to register it before you may sue for infringement of your copyright. Copyright lasts much longer than a patent does. The patent protects the actual idea you had but not the written material that you created to describe the idea.

  3. #3
    Join Date
    Jul 2016
    Location
    California
    Posts
    11

    Default Re: Copyright Protection Even if Application is Denied?

    Thank you for the reply.
    The design is of the appearance of a clockface - it's basically a traditional clockface, with a specific design on it.
    I am hoping to sell, or license, the concept to a corporation, so before approaching them, I'd like to have as much legal protection as possible.
    When I researched whether to apply for a Design Patent or a Copyright, legal opinions varied... I still think there's a fair chance of the copyright being granted if I apply again now.
    I am wondering whether to make another application... would it give me any more protection than the proof I have that I applied previously?

  4. #4
    Join Date
    Nov 2013
    Posts
    6,473

    Default Re: Copyright Protection Even if Application is Denied?

    Quote Quoting Taxing Matters
    View Post
    The patent protects the actual idea you had but not the written material that you created to describe the idea.
    You can't patent an idea.

  5. #5
    Join Date
    Jul 2018
    Posts
    1,749

    Default Re: Copyright Protection Even if Application is Denied?

    Quote Quoting R92024
    View Post
    Hi,
    I also applied for a Copyright back in 2004, which was rejected by the Copyright office... but I have their letter, and a copy of my application, including the artwork I submitted.
    You most certainly did not "appl[y] for a [c]opyright." A copyright exists from the moment that a work of authorship is fixed in a tangible medium of expression. Unlike a patent, a copyright is not something for which you must -- or even can -- apply. I assume you meant that you submitted an application to register a copyright.


    Quote Quoting R92024
    View Post
    Hi,
    Does that effectively give me legal protection of my design?

    And does it mean that, although my Design Patent expires in 2 years, I still have protection?
    You told us you have a patent, but we obviously have no idea what it covers. Whether you also have a copyright isn't possible to determine from your post. All I can tell you at this point is that the subject matter of patent and copyright are very different.

    I suggest you take your paperwork to a local intellectual property attorney for review and advice.

  6. #6
    Join Date
    Sep 2010
    Posts
    19,259

    Default Re: Copyright Protection Even if Application is Denied?

    His design patent protections extend for another two years. What he applied for and was denied was copyright REGISTRATION because apparently they didn't feel that the clock faces involved had enough creative aspect to them. Since REGISTRATION is necessary in the US to pursue an infringement action in federal courts, he's kind of barred from that unless he can convinvce the LOC that their initial determination is in error.

    He mentions use in commerce which has no bearing on either copyright or the design patent. It might however give a distinctive mark trademark protections.

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