Legal Question in Intellectual Property in Pennsylvania

How do I protect a document and the idea for this document that I came up with?


Asked on 7/05/10, 3:26 am

2 Answers from Attorneys

Kevin B. Murphy Franchise Foundations, APC

Any attorney will say you need to define the type of idea and document you wish to protect. Various protective devices exist ranging from copyright to patent, but without further information it is not possible to say. Consult with an attorney in your area for specifics.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 7/05/10, 7:01 am
Gerry Elman Elman Technology Law, P.C.

You'll need to be more specific about what you mean by "protect" and "document."

The law provides the tool of "copyright" to provide writers with the exclusive right to authorize making copies of a work of authorship. In fact, one automatically has a copyright as soon as the work is fixed in a tangible medium of expression. It is desirable to register the copyright with the U.S. Copyright Office to further secure the protection.

Non-legal tools to protect documents include encryption and digital rights management systems.

Then you mention "idea." Protection of ideas are outside the realm of copyright. However, if the "idea" is a patentable invention, something novel, useful and nonobvious from previous technology, then it's worth considering seeking a patent. However, a week ago, the U.S. Supreme Court reiterated that "abstract ideas" are not subject matter than can be patented. That was in the Bilski case, which is discussed in my blog at http://ht.ly/25f3d

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Answered on 7/05/10, 9:29 am


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