Can I copyright an invention?

In Virginia, inventions may be subject to patent protection instead of copyright protection. Patents generally provide protection for inventions, such as products, processes, and machines. Patent protection gives the inventor the right to prevent others from making, using, or selling the invention without permission. To be eligible for patent protection, an invention must be new, useful, and not obvious. Additionally, the invention must fit into one of the five categories of patents that the United States Patent and Trademark Office (USPTO) recognizes: utility patents, design patents, plant patents, reissue patents, or defensive publications. If an invention meets the criteria for patent protection, the inventor should apply for a patent with the USPTO. It is important to note, however, that in Virginia and elsewhere, copyright protection may be available for some types of inventions, such as computer programs, websites, and other software-related works. In summary, in Virginia, inventions can be protected by copyright or patent. It is important to determine which type of protection is best suited for your invention and then take the necessary steps to obtain that protection.

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