Q: patent, copyright

A: Because my practice focuses on copyright law, I'll address that first: Copyright law does not protect ideas, processes, or functions; it protects the (artistic) expression of those elements.

An LED with its own design and application could qualify as a "useful article," which is a subset of "pictorial, graphic, and sculptural works." Generally speaking, useful articles are objects which have utilitarian functions, like an LED light. In some cases, these articles have an artistic component as well. However, determining whether a useful article is copyrightable can be difficult because copyright does not extend to ideas or methods of operation; thus, the purely artistic elements of a useful article are copyrightable, the purely utilitarian aspects are not.

Examples of items identified as useful articles in the case law or legislative history of US copyright law include: automobile wire wheel covers, automobiles, airplanes, a bicycle rack, a belt buckle, dresses, eyeglass display cases, and television sets.

Protecting the design of your LED through a copyright application will be much less expensive than patent prosecution, which would protect the unique utilitarian functions. However, I'll leave a discussion of the benefits of applying for a patent to someone more knowledgeable about patent law than I am.

Additionally, if you start selling the product in the US, you could be eligible for protecting the trade dress of your LED. However, for trade dress to be protected, the product or brand must be instantaneously identifiable in the mind of the purchaser. This is usually the function of strong sales over a long period, supported by consistent advertising, promotion and publicity.

Applying for copyright protection with the US Copyright Office, or for trade dress protection with the US Patent and Trademark Office is not strictly required to enforce intellectual property rights, but, generally offers advantages far beyond the cost if there is a real possibility of infringement.

A: There are a variety of ways going about it, depending on what you want to protect about the LED light. Will Blackton already covered copyright, but additionally, you should consider 3 separate ways of protecting your product.

Firstly, consider a utility patent. You should seek a patent if there is something unique about the light, something that no one has thought about, something that is an improvement over the existing LED lights. For example, it gives off brighter light, or more colorful light, or works at lower power consumption, or can be manufactured using cleaning materials, etc.

Secondly, you can protect it by a trademark. You can call your product a "ijkLED light" and everyone will get to know it as the neat ijkLED light, so when the customers are looking for LED lights, they'll reach for your ijkLED light, instead of a "uvwxyzLED light" that your competitors are offering.

Thirdly, you should consider a design patent. That will protect just the design. It is relatively cheap, and it prevents people from copying your design very closely. Although design patents were the backwaters of the patent world, ever since the Apple v Samsung battles, more clients are clamoring for design patents.

Good luck!

A: This recent 4th Circuit case might be of some interest to you:

United States Court of Appeals, Federal Circuit.

NICHIA CORPORATION, Plaintiff-Appellant v. EVERLIGHT AMERICAS, INC., EVERLIGHT ELECTRONICS CO., LTD., Defendants-Cross-Appellants ZENARO LIGHTING, INC., Defendant

2016-1585

Decided: April 28, 2017

link to opinion available at: http://caselaw.findlaw.com/us-federal-circuit/1858281.html