Protect Your Artwork With Patents And Trademark

Things To Know About Patent Filing And Trademark Of Your Artwork

People who are professional photographers, artists, or creative entrepreneurs deals with creative and artistic works. Hence, they must be aware of the importance of protecting their own work. It is an intellectual property that must be protected so that others do not claim rights for your work. Thus it is essential that you apply for patent or trademark for your artwork. There are different forms of artwork, and each requires a different kind of protection. Thus you must be clear about the differences about trademark, copyright, patent so that you can protect your artwork. Here you can know about the ways to protect your artwork and the procedure to be followed for Patent filing and Trademark Registration.

Image of Pink Background with text that copyright for your artwork.

Ways To Protect Your Artwork

Copyright: This is applied for protecting the painting, music, and other works of creativity that cannot be duplicated or made use of by others. Thus when you hold a copyright for the above-said work, then the artistic property would be your lifetime intellectual property.

Trademark: A trademark is nothing but protecting a word, phrase which identifies a product. This would able to distinguish a product from the competitors.

Patent: A new process, an original composition, ideas, a technique, artwork, jewelry design, dress designs can be patented so that it can be protected from the use of others.

Protecting Crafts Using Patents And Copyright

The craft industry involves various artistic works, jewellery making, furniture design, and other artworks. The design of the artwork of professional crafters can be protected by applying for copyright for your work. The specific facets of the craft industry cannot be protected with copyright. Professional crafters follow a certain procedure to produce an object. This is considered as their intellectual property, and it can be protected by applying for a patent. Certain types of craft cannot be patented. Craftworks involving clothing, handbag, furniture falls under the work that cannot be patented and protected from the use of others. There are certain aspects of craftwork that can be copyrighted. This includes sculpture, graphic design, pictorial representation, etc. which can exist independently.

Craftwork which cannot be copyrighted can be patented. There are specific requirements for applying for a patent. The item which should be protected must be unique, and it must not exist in the past. Check here – about some of the ways to protect ideas.

Requirements For Copyright

  • It is essential that the item is protected or copyrighted in unique and original.
  • Copyright registration is required only when you file a legal lawsuit for infringement.

Types of Patent

There are two types of patent that are explained in the following
Utility Patent: This type of patent address the function of the object.
Design Patent: This type of patent is applied for patenting artwork. The ornamental design of an object is eligible for a design patent.

Process Of Patenting Artwork

There are two methods through which one can apply for a design patent for the artwork.
One can apply for a provisional application, which is nothing but patent pending designations. This is nothing but a placeholder when a patent application waits for the approval of the patent office. This provisional application offers nearly one year to be ready with the support material for the patent registration.
The non-provisional application is for initiating the review of the patent office. The applicant has submitted the required documents, and it is ready for patent registration. This application should be approved to obtain a design patent.

Process Of Patenting Artwork

Fees For Patent Application

It cost nearly $900 for applying for a design patent. The breakdown for the patent application fees is detailed below.

  • Patent application-$330
  • Examination Fee-$ 220
  • Patent search fee-$ 540
  • Some of the other patent fees include
  • Provisional patent application fee-$65
  • Non-provisional patent application fee: $400

After the issue of the design patent, the applicant must pay the maintenance fees.

Things Required For Patent Application

The application should be submitted along with the required drawings, illustrations, schematics of the artwork. This is the most critical component of the patent application. You must mention your name, title of the artwork, outline of the artwork in the patent application. A professional patent attorney would be of help to fill the patent application.
The above are the things to know about protecting your artwork.

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