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Patent, copyright, trademark question.

alfaniner

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alfaniner
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I have developed a new system similar to American Sign Language and Morse Code. Is it possible to patent, copyright, or trademark it before publishing?
 
So you've created a language, but want to prevent other people from using it without your permission?
 
alfaniner said:
I have developed a new system similar to American Sign Language and Morse Code. Is it possible to patent, copyright, or trademark it before publishing?
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Post it here and we'll let you know. :D

I'm not a lawyer but I'm willing to guess.

Definitely not trademark, except for the name of the system.

I don't think it's copyrightable.

I wouldn't think it was patentable. However, I wouldn't be surprised if there was an interpretation that said yes.
 
Trademark, no.

Copyright is NOT supposed to be applicable to an IDEA, (which as I understand it is why computer programming languages are not copyrightable) but I would think you could publish a dictionary of said language, and have some copyright protection from that. Copyright is for creative works.

Patents can't be granted to ideas either, but if you have a working model of said idea, you should discuss this with an attorney.


Is there a literary equivalent of Industrial Design rights? I haven't seen one, but your best bet is to consult a patent or copyright attorney.
 
alfaniner said:
I have developed a new system similar to American Sign Language and Morse Code. Is it possible to patent, copyright, or trademark it before publishing?
Click to expand...


Copyright applies to the unique aspects contained in the fixed impression of an idea. So, if you write your system down, you have a copyright in that writing. Publishing it, in and of itself, is an assertion of copyright.

Trademark is a mark used to identify your product as genuine in commercial trade. It would not apply to your language.

Patent is an area that I don't know much about. You'd have to talk to a patent attorney. Certain processes can be patentable, even if they're not physical things. So, there's a chance. I don't think there's a good chance, but there's a chance.
 
Well, at least in the US, there's one patent issued on something that looks like a sign language to me.


US5203704 Method of communication using pointing vector gestures and mnemonic devices

A pointing gesture, a method of communication using a set of pointing gestures, and mnemonic devices are described used between a sender and a receiver. The pointing gestures are performed by the sender using a gesturing device which comprises a primary indicator and a plurality of ancillary indicators. The pointing gestures are performed by the sender in a field located between the sender and the receiver. The field has a plurality of possible vector patterns created therein. Each vector pattern has a plurality of relocating line and point vectors. In the preferred embodiment, the gesturing device comprises the sender's hand with the index finger serving as the primary indicator and the thumb and middle finger serving as ancillary indicators. Also disclosed herein is a method of communication using a set of thirty-six pointing gestures with each pointing gesture programmed or associated with one communication code. In the preferred embodiment, each code represents one of thirty-six phonemes in a modified set of IPA phonemes. Mnemonic devices are also disclosed herein to help the sender and receiver remember and perform the positions of the pointing gestures and their respective code associations.
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Of course, that's the only one I found, so it might have been a fluke. There were a lot of patents on systems, methods, and devices for teaching sign language, as well as automated systems for translating to and from sign language, so you could probably patent something along those lines.
 
ehcks said:
So you've created a language, but want to prevent other people from using it without your permission?
Click to expand...

Even as an IP attorney that was my first thought.

Back to the OP:

I don't think there is money to be made from a better sign language. I mean people don't pay to use ALS, so yours would have to be magnitudes better to warrant a switch in the first place, but then even further to switch and pay.

Certain fields have their own hand signals for communication and I am not aware of any of these falling under IP protection. At least none that are actually used.

So, if you want it to be used I would be more concerned with getting it out there than protecting it. Obscurity is the real threat here, not piracy.

That being said, you could certainly get a trademark to cover the name you use and copyright protection would apply to the works in which you lay out your language. BTW, I would look into actually registering those copyrights if you are in the US, its cheap and easy and does give you more rights.

The patent angle is tougher and far more expensive. I could see you getting a patent, but it would be a long haul and cost in the range of ten to twenty thousand dollars. That money would be better spent on promotion.
 
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ehcks said:
So you've created a language, but want to prevent other people from using it without your permission?
Click to expand...

Oh, I'm not expecting to make any money from it, except for perhaps writing a book, concurrent with publishing it for free online. I'd love to see people using the system -- all I am really concerned about is retaining credit for it.
 
alfaniner said:
Oh, I'm not expecting to make any money from it, except for perhaps writing a book, concurrent with publishing it for free online. I'd love to see people using the system -- all I am really concerned about is retaining credit for it.
Click to expand...


Your book, properly registered with the US copyright office, will be sufficient for that.
 
Discovering that a patent sets Piracy in motion. I suggest (if your not wealthy) spending approximately one hundred and fifty dollars to initiate a patent. Once you receive your file # abandon the patent thus saving lots of money that you didn't have anyway. This will protect you of Law suits from the pirates.

Sit back and wait. If your invention is brilliant it won't be long before a pirate (that has lots of money) improves or changes your idea and files his own patent.

Millions have now been spent bringing your invention to fruition and you can easily (with all that free advertising) go out and sell your improved prototypes.

As an example

SKATE WALKERS --- Canada patent file #2,116,091

To raise money I contacted a large sport firm to sell them this patent. I was ignored and a year later came across my invention all improved in nice packaging with patent pending retailing for fifteen dollars.

Well my heart sank and I really needed a cup of coffee.

I rationalized it this way. They have spent mega bucks on dies, production, packaging etc. I will sit back and wait till these become popular then re approach these people to buy my patent advising them that I could produce my prototype like pop corn and put them in 7 ELEVEN retailing at $3.75 a pr.
 
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