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About patents...
What is a
patent?
A patent is a grant from the government which gives an inventor the
exclusive right in the manufacture, use, sale and distribution of an
invention. A patent is a property right which may be sold or
assigned by the inventor, depending on the type of patent involved.
The term of this exclusive right may inure to the inventor for a
period of twenty years.
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What kinds of things may be patented?
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What are the general requirements for a patent?
Not every idea or product is patentable. The new idea or
product must be novel and non-obvious. In other words, it must
never have been invented before (novel) and must not be an obvious
improvement on an existing idea or product (non-obvious).
Whether or not something
is novel and non-obvious is unique to every idea and product.
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What are the types of
patents?
There are three general types of patents: utility, design and plant.
Each type of patent provides certain protections and may be narrowly
or broadly drawn.
The amount of patent
protection is generally determined by the scope of the claims which
have been drafted.
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What is the first step in obtaining a
patent?
It is generally recommended that a "patent search" be conducted
prior to any submission to the patent and trademark office.
Although it may be conducted on computer databases, results obtained
by an automated search are not a guarantee.
For reliable results,
the search should be performed by hand, on location at the
patent and trademark offices in Washington, D.C.
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Why do I need a patent
attorney?
If the scope of the patent protection is not clearly defined any
of your competitors can hijack your idea or invention and use it to
his advantage. A patent attorney can ensure that the property
rights in your idea or invention are protected for your benefit.
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throughout our service area, we encourage you
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About trademarks...
What is a trademark?
A trademark is a brand name which can be a word, a symbol, or a
device so long as it is used by a business to distinguish its goods
from those of others. Examples of trademarks are Coca-Cola, the
Pillsbury Dough Boy and the McDonald's golden arches.
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What is the value of
a trademark?
The value of a trademark is a marketing device to be used as a focus
of brand loyalty.
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How
long does a properly registered trademark last?
A trademark unlike a patent or copyright can theoretically last
forever so long as they are used to distinguish goods and services.
Trademarks can be abandoned by non-use or can fall into the public
domain if they no longer distinguish the goods or services.
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Who registers trademarks?
A trademark unlike copyright and patent law is not the exclusive
domain of federal law. Patent and copyrights are governed by a
federal statute. Trademarks rights arise out of the state common
law. Congress does however have power to legislate trademarks in
interstate (across state lines) transactions. The federal statute
which governs trademarks sets forth a registrations system which is
administered by the United States Patent and Trademark Office (USPTO).
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What benefits does registration produce?
Some of the benefits of registering a trademark in the USPTO are as
follows:
1. The certificate of registration is prima facie evidence of the
validity of the registration;
2. Registration is constructive notice to others of the claim of
ownership;
3. Registration confers federal jurisdiction (your case can be heard
in a federal court);
4. Registration can become incontestable after five years of
continuous use of the mark and will constitute the exclusive rights
to use of the mark; and
5. Registration provides a legal remedy in the case of infringement.
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What cannot
be registered as a trademark?
A trademark which is deceptive or confusingly similar to another
mark or a mark that is merely descriptive of the goods or a surname.
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Why do I need an attorney?
Trademarks build brand loyalty for potential customers and
distinguish your product or service from others. A properly
registered trademark is a necessary step in that process.
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