INTELLECTUAL PROPERTY IN 3D PRINTING AND NANOTECHNOLOGY - 3D Bioprinting and Nanotechnology in Tissue Engineering and Regenerative Medicine - page 342

creative work, and prevents others from copying the creative work for up to 70 years after the author's
death ( United States Copyright Office, 2012a ). Although this may seem like a very long time, others can
often avoid copyright infringement by interpreting a work in their own creative way, such as by rewrit-
ing a work in their own words, or developing equivalent software in a different style of coding. Thus,
copyright protection primarily prevents someone from simply copying the creative work of another and
claiming the copied creativity as his or her own.
Copyright protection arises automatically when the work is fixed in a tangible form. Authors may
also register their creative works with the U.S. Copyright Office, and can display the “©” symbol at
any time. Copyright owners can sell their rights, grant licenses to others to use or reproduce the copy-
righted work, and sue copycats who reproduce the copyrighted work. Obtaining a copyright license can
be as simple as purchasing a computer program because authorized sales of such works often include
licenses to use (and sometimes reproduce) the copyrighted work.
16.3.3 TRADEMARKS
Trademarks are words, phrases, symbols, and designs that identify the source of
goods or services. Trademarks protect manufacturers, merchants, and consumers
by preventing impostors from posing as reputable companies with successful
products and services. Trademarks need not be registered with the U.S. Patent
and Trademark Office, although registration provides additional layers of pro-
tection. Registered trademarks are distinguished by the ® symbol. Trademark
protection attaches to unregistered trademarks after an individual or company that
owns the trademark starts using the mark in commerce, and once the trademark
gains recognition and association with the trademark owner's goods or services. Unregistered trade-
marks for products can bear the ™ symbol, and unregistered service marks for services can bear the SM
symbol ( United States Patent and Trademark Office, 2013a ).
To register a trademark, the owner must submit the mark to the U.S. Patent and Trademark Office,
along with proof that the owner intends to use or is currently using the mark in commerce. If the mark is
not already in use by another and is not too similar to other marks, it will most likely be registered. The
registration process is generally much quicker than the examination procedure for patents. Those who do
not wish to register their marks can use the ™ and SM notations at any time. However, trademark registra-
tion provides the owner of the mark with increased rights and options for stopping infringers. For ex-
ample, registering a trademark places the public on notice that a particular trademark is “taken,” and that
copycats will be liable for trademark infringement ( United States Patent and Trademark Office, 2013b ).
Trademarks are mainly used for company and product branding. In tissue engineering, the products
are tissue and organs. While implanted devices often have some type of marking or model identifier,
printed tissue and organs may not carry logos or branding, but time will tell. At this time, trademarks are
most applicable to the branding of hardware and software used in 3D bioprinting and nanotechnology.
16.3.4 TRADE SECRETS
Trade secrets ( Hardin, 2012 ) are confidential business information that provide
a competitive advantage and have some commercial value ( World Intellectual
Property Organization, 2014b ). A trade secret can take the form of a formula,
program, device, technique, manufacturing process, or any other nonpublic in-