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Step 4. Understand Legal Issues  57

    You may run into special situations depending on who's helping
you at various stages. Let's say someone else designed the artwork
for you in question #1 . Who owns the work? Since technically the
person who created the art owns it, if you hire someone to create
artwork, you need that person to formally transfer ownership of the
design to you in writing using an "assignment." You can find sample

copyright assignment forms online (visit www.copylaw.com) or at the

library that you can modify, or hire an attorney to draft one for your
specific situation. The moral of the story: Use an IP lawyer-don't
guess or take chances.

                                           Patents

A patent is an exclusive right given by a government to the inventor
of a product or process for a certain period of time, depending on
the type of patent. During the protected period of time, the patent
owner can prevent others from making, using, or selling the inven­
tion within the issuing country. Patents are granted for inventions
or discoveries of new and useful items, and are also granted for the
improvement of existing inventions. For example, the inventor of a
new type of can opener can receive a patent as well as someone who
invents a new and useful improvement to an existing can opener.
Within the category of patents, there are different types, such as a
design, utility, and plant.

    Since the rights granted by a United States patent extend only
throughout the territory of the United States and have no effect in a
foreign country, an inventor who wishes patent protection in other
countries must apply for a patent in each of the other countries or
in regional patent offices. Almost every country has its own patent
law, and a person desiring a patent in a particular country must
make an application for a patent in that country, in accordance with
the requirements of that country.

    Excerpted from General Information Concerning Patents print

brochure and found on the uspto.gov website in the treaties section.
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