Expert: George H. Morgan, P.E., Patent Agent - 8/16/2009

Question
Hi George.
I have authored a children's book which is to be copyrighted BUT I also designed a stuffed toy of the main character from the book to be produced. How can I protect the stuffed toy? Is that a patent, a design patent, a copyright? This is all too confusing to me and I don't have the $ to hire a lawyer. I would appreciate any guidance that you could give me.  Thanks-Maggie

Answer
You can copyright the book, and apply for a design patent on the elephant.
You can get books from Nolo Press, Berkely, California on how to do it yourself on both.
Or, you can try your local free public library to see if they have those publications.
A copyright costs approx. $30, if you do it yourself. Or, if you have a lawyer do it, they might charge you $100 or more to file it. Nolo has a book on how to do this yourself. Or, you might be able to get on the internet for the U.S. Copyright Office & download the forms which would have all the instructions.
"Patent It Yourself" by David Pressman, published by Nolo Press is a great "cook book" on how to file your own patents. Design Patents are relatively easy. You draw up patent drawings showing the six sides of your toy, copy the standard claims & form letters from the book, and enclose an application fee as required. You can check the USPTO.gov site for fees. I recall approx. $275 filing fee, small entity. There is an award fee if approved, approx. twice that. Design patents are very doable. Utility patents are very doable.

Stay away from the invention promotion companies that advertise on TV. Absolutely New Idea, Davidson, Invention Submission Corp., Invent Tech are just a few.
I do hope that helps.

George H. Morgan
Patent Agent
http://www.evansville.net