During examination of a pending patent application or after the patent is granted, the owner of the patent may change: 1) the original owner may transfer ownership to another entity or party, through an “assignment;” or 2) the original owner may retain ownership but change its name. The original owner should record the assignment or…
What is Interstate Commerce? Under Federal Law, interstate commerce is any commercial transactions or traffic that cross state boundaries or that involve more than one state. “Interstate commerce” as it relates to the sale of goods includes transporting the goods across state lines and the mark must be displayed on the goods or the packaging…
The inventive entity for a particular application is based on some contribution to at least one of the claims made by each of the named inventors. Inventors may apply for a patent jointly even though (1) they did not physically work together or at the same time, (2) each did not make the same type…
The USPTO cannot act or advise concerning the business transactions or arrangements that are involved in the development and marketing of an invention. The Office, however, will publish for a fee, at the request of a patent owner, a notice in the Official Gazette that the patent is available for licensing or sale. In addition,…
Non-Disclosure agreements are commonly referred to as confidentiality or assignment agreements. These are legally binding agreements that establishes a confidential relationship. Disclosing and/or receiving parties sign the agreement and agree that confidential information that is shared will not be made available to others.
Each trademark application is assigned to a Trademark Examiner who examines the application for compliance with federal law. Likelihood of confusion between the mark of the applicant and a mark already registered or in a prior-filed pending application is the common reason for rejection. In the ex parte examination of a trademark application, a refusal under §2(d)…
The patent law specifies the general field of subject matter that can be patented and the conditions under which a patent may be obtained. In the language of the statute, any person who “invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may…
Requests for Extensions of Time to File the Statement of Use Section 1(d) of the Trademark Act requires that a statement of use be filed within six months after the issuance of the notice of allowance, or before the expiration of a previously granted extension of time to file a statement of use. If the…
Provisional Patent Application Forms A provisional patent application allows you to file without a formal patent claim, oath or declaration, or any information disclosure (prior art) statement. Since June 8, 1995, the United States Patent and Trademark Office (USPTO) has offered inventors the option of filing a provisional application for patent which was designed to…
TRADEMARK SCOPE OF PROTECTION A trademark is always connected to the specific goods or services sold to customers with that trademark. You can’t register a word, phrase, symbol, or design as a trademark without specifically identifying the goods or services being used. Your trademark isn’t limited to one good or service. It can be used with…
