Summary
In the United States, hardware is generally not protected by copyright as it is considered a useful article. However, certain design aspects might be protected by design patents. Trademarks can protect unique branding elements like logos, names, or unique design aspects but not the hardware itself. For protecting the physical aspects of hardware, utility patents are recommended if the hardware involves a new and useful process, machine, manufacture, or composition of matter.Full Conversation
I read somewhere that hardware isn’t protected by copyright is this true?
Hello Sean,
Yes, your understanding is correct. In the United States, copyright law typically does not cover hardware because it is considered a "useful article". However, certain design aspects might be protected by design patents.
What about trademark?
Hello Sean,
Yes, you can trademark your hardware if it's unique to your brand, such as logos, names, or unique design aspects. Remember:
- Trademark registration should be done with the United States Patent and Trademark Office (USPTO).
- The mark should be distinct and non-descriptive.
- Trademarks need to be actively used and defended.
I mean the hardware itself
Hello Sean,
The hardware itself cannot be trademarked. Trademarks are meant for branding elements like names, logos, and unique designs. For protecting the physical aspects of hardware, you may consider patents, particularly utility patents, if the hardware involves a new and useful process, machine, manufacture, or composition of matter.
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