The fourth class comprises the following miscellaneous powers: 1. A power 'to promote the progress of science and useful arts,
by securing, for a limited time, to authors and inventors, the exclusive right to their respective writings and discoveries.'
The utility of this power will scarcely be questioned. The copyright of authors has been solemnly adjudged, in Great Britain,
to be a right of common law. The right to useful inventions seems with equal reason to belong to the inventors. The public good
fully coincides in both cases with the claims of individuals.
David Simonelli has extensive experience in all aspects of domestic and international intellectual property law. His expertise includes the prosecution of patent, trademark and
copyright applications; clearance and infringement opinions; preparation and negotiation of licenses and assignments; and advising clients on trade secret issues. A delegate to the United Nations for the World Summit for the
Information Society (WSIS), David authored a treatise that was presented at the 2005 WSIS Tunis Summit. He also attended the Geneva Summit in 2003. He has made presentations on patent and copyright laws, and has participated
in panel discussions with European patent attorneys on the harmonization of the intellectual property laws between the United States and other countries worldwide. His experience also includes the position of Electronics Engineer
with the U.S. National Security Agency. David received his law degree from the Michigan State College of Law, and a B.S.E.E. from the University of Michigan. He is admitted to practice in the state courts of Michigan, the United
States District Courts for the Eastern and Western Districts of Michigan, the United States Court of Appeals for the Federal Circuit, and the United States Patent and Trademark Office. David was rated a Top Lawyer multiple times by both
DB Magazine and American Lawyer Media, and has been AV
®Preeminent
TM rated from Martindale-Hubbell for over 15 years.
Patents
A patent is issued by a federal government to an inventor or applicant that allows the patent owner to prevent others from making, using, selling or importing an invention in the country in which the patent is granted. Typically, the patent protects the invention, or its functionality, so long as the invention in new, useful and nonobvious.
Trademarks
A trademark protects the reputation of your product. It also helps the customer by giving the customer an expectation of the quality of product he or she will have when purchasing products with the same trademark. Building reputation or good will through trademarks creates value for your product. Service marks act the same way – but are for services, not products.
Copyrights
A copyright protects the final manifestation of a creative work, such as a book, sculpture, song, or webpage. A copyright vests in a work as soon as it is completed. To fully protect your creative work, the copyright needs to be registered with the Copyright Office.
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