Copyright vs Patent

[dwt]

I have not long finished reading about all the hype going on between CobraCrushers and the compact crushers of Ryan27, I didnt want to cloud his thread with questions of patents, but I'm interested in finding out wether a simple copyright has to be registered with anyone.
I've been led to believe that a Patent has to go through a stringent process to ensure that it is not a ripp off of an original idea, I have also been led to believe that a simple copyright stops others reproducing your product, and that you can sell your copyright to anyone who wishes to start developing the product.
Further more I am led to believe that a patent has to be a new idea, not a redeveloped one, a redeveloped idea with certain design changes to improve the original concept can be copyrighted.
The reason I ask is, for those of us out there who take original concepts and improve them are we entitled to copyright them to stop a mass production of our improved product, examples: the Walbanker, original idea has been around for centuries, a sluice, Wal has redeveloped this system to improve it, so can he place a copyright on it to stop mass production of a identical copy, Ryan27 compact crusher, the concept of crushing rock has been around since, hell knows when, Ryan has refined this concept to improve in the way of portability.
So I would appreciate any assistance in the matter as I have a few items sitting around the shed that I have put hundreds of man hours into (similar to our other design prospecting brothers) that I would hate to see head down the path of the 5000 rip off's, wether that be from overseas or next door!
Cheers, dwt

 

[Tathradj]

Quote - "Further more I am led to believe that a patent has to be a new idea, not a redeveloped one, a redeveloped idea with certain design changes to improve the original concept can be copyrighted."
.
As I said in one of my post's,
You can Copyright a design,
You would have trouble to patent on a principle.
Look at car motors.
They work on the same principle,
It's just the external things like software that is protected.
Wal's High banker.
The design is his,
The principle is not.
Be warned that a variance of 10% negates a copy right.
Sucks.

 

[Metamorphic]

Like insurance mate, aint really worth the paper its written on dwt.......if you end up having to fight any protection points your guarding, its bloody expensive.....only the lawyers win out of any shitfight!

Me wants to know what your brewing up in your shed?

Please tell me its a DIY blast kit or shithot formula for Pale Ale?

Your a miner......I know your up to something

Cheers mate!

 

[Cheese]

ROFL Metamorphic.

 

[dwt]

Quote - "Further more I am led to believe that a patent has to be a new idea, not a redeveloped one, a redeveloped idea with certain design changes to improve the original concept can be copyrighted."
.
As I said in one of my post's,
You can Copyright a design,
You would have trouble to patent on a principle.
Look at car motors.
They work on the same principle,
It's just the external things like software that is protected.
Wal's High banker.
The design is his,
The principle is not.
Be warned that a variance of 10% negates a copy right.
Sucks.

10%, crap, that's stuff all in the greater scheme of things, anyways, cheers

 

[dwt]

Like insurance mate, aint really worth the paper its written on dwt.......if you end up having to fight any protection points your guarding, its bloody expensive.....only the lawyers win out of any shitfight!

Me wants to know what your brewing up in your shed?

Please tell me its a DIY blast kit or shithot formula for Pale Ale?

Your a miner......I know your up to something

Cheers mate!

:lol: I wish it was a brew mate,
Not to worry, by the time I get close to being finished my bones will be at 10 microns and my nephew who I'll leave everything too when I croak will just flog it off at a clearing sale to some scrappies and it will return to Australia as a coil spring in a bloody Hyundai :lol:

 

[gcause]

Hi DWT,

I have both a couple of Trademarks and Copyright. The Patent process is too long and costly and my solicitor advised the patent process starts at about $30,000 to establish and if you are going to do it properly to protect yourself you have to apply in each country worldwide. So he advised just use the Trademarks and Copyright the Trademarks are about $1000 all up and Copyright is automatic in Australia. You just need to put the right wording up on your website i.e.

Copyright (c) 2014, My Company Pty. Ltd. All rights reserved worldwide.

The year in this wording is the first year in which you start to claim copyright. You don't need to put any other years beyond that as they are taken as a given from that point on. The second point is to claim your rights worldwide.

Heres where you register:

http://www.ipaustralia.gov.au/ipa-live/get-the-right-ip/

Heres the gist:

http://mcintoship.com.au/the-differences-between-trade-marks-copyright-and-patents

To quote from that last site:

Trade Marks

Broadly speaking, a trade mark is the legal protection in your name or logo. Its the mark to signify its your trade. The best and surest way to do this is with a trade mark registration. With a registered trade mark you can legally stop other people and traders from using your mark, or any similar marks, without your consent, in relation to the goods and services for which you chose to register your trade mark. In Australia, trade mark registration is valid for 10 years and can be renewed every 10 years in perpetuity. A trade mark can also exist without registration, and these are sometimes referred to as common law trade marks. However, the protection they provide is very narrow, often being limited to only preventing virtually identical trade marks used in relation to the exact same goods or services.

Copyright

Copyright is the exclusive legal right to copy a particular type of thing covered under the Copyright Act 1968. The types of works covered by the Act includes books, plays, songs, lyrics, computer programs, images, speeches, poems, photos, art works, music recordings and broadcasts. The exclusive rights usually include the rights of reproduction, adaptation, and communication to the public. Copyright is automatic from the moment the creation is put into material form (ie. written down, recorded), and there is no system of registration. As with all IP, copyright only protects the way an idea is expressed, not the idea itself.

Patents

A patent provides the owner with an exclusive right to exploit an invention. Specifically, it allows the owner to prevent others from making, using or selling that invention for a period of 20 years. A patent can be granted over any device, substance, method or process as long as its new, inventive and useful. There are some things that are not patentable such as ideas, schemes, artistic creations, mathematical models and mental processes. The patent system is a rights by registration system, meaning that to have patent protection you must register for it. Registration is often difficult and expensive as each application is assessed by the relevant government body to ensure it is new and inventive. For this reason, it is imperative that you not publicize your invention prior to seeking protection. Furthermore, you must apply in each country in which you want protection.

Hope it helps

Cheers,

Grant

 

[dwt]

Spot on mate, that's exactly what I was looking for
Cheers Gcause

 

[Goldtarget]

You can just put patent pending. Looks all official but really translates as I'm too poor and/or lazy but I might get it done.

 

[dwt]

Hahaaa, looks like I have a few patent pendings then

 

[HeadsUp]

Like insurance mate, aint really worth the paper its written on dwt.......if you end up having to fight any protection points your guarding, its bloody expensive.....only the lawyers win out of any shitfight!

Me wants to know what your brewing up in your shed?

Please tell me its a DIY blast kit or shithot formula for Pale Ale?

Your a miner......I know your up to something

Cheers mate!

Hey Metamorphic , buddy i have seen the machines he builds in that shed and mate you guessed it absolutely spot on

Its a DIY down hole blast kit that brews a beer by harnessing the shockwave to crack the hops and the heatwave to top off the brew.

I suggest it best to delete the references to his intellectual property from your post before it gets plastered all over the internet

cheers mate