GENERAL PATENT QUESTIONS What right does a patent provide? A patent owner has the right to decide who may – or may not – use the patented invention for the period in which the invention is protected. In other words, patent protection means that the invention cannot be commercially made, used, distributed, imported, or sold…
USE THE EXACT TRADEMARK If you are in the early stages of building your brand, do not use different variations of the logo and word(s). Consistently utilize the exact version of the logo and word(s) when marketing your products and/or services. Consistent use will strengthen your trademark rights. Trademark infringement is easier to prove if…
ARE YOUR PATENT OFFICE MAINTENANCE FEES DUE? Who can pay? Maintenance fees and any necessary surcharges may be paid by the patentee or by any person or organization on behalf of a patentee. What to include with payment? You must include both the patent number and corresponding application number with your maintenance fee payment….
How do I challenge a trademark registration or application? Several options exist to challenge another party’s trademark registration or application, depending on the particular circumstances and grounds for challenging: You may challenge a trademark registration issued by the USPTO by filing a petition to cancel the registration with the Trademark Trial & Appeal Board (TTAB)….
RESPONDING TO TRADEMARK OFFICE ACTIONS An office action is an official letter sent by the USPTO. In it, an examining attorney lists any legal problems with your chosen trademark, as well as with the application itself. You must resolve all legal problems in the office action before we can register your trademark. In an office…
How do I apply for a patent? Inventors may apply for one of two types of patent applications: (1) A nonprovisional application, which begins the examination process and may lead to a patent; and (2) A provisional application, which establishes a filing date but does not begin the examination process. How do I know if…
The United States Patent Laws provide that 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 obtain a patent, subject to the conditions and requirements of the law. NEW AND USEFUL An invention is not new if the inventor…
Utility patents are provided for a new, nonobvious and useful: Process Machine Article of manufacture Composition of matter Improvement of any of the above Note: In addition to utility patents, encompassing one of the categories above, patent protection is available for (1) ornamental design of an article of manufacture or (2) asexually reproduced plant varieties…
If your application is abandoned it’s no longer live and can’t mature into a registration. This can happen for many reasons; for example, if you missed the filing deadline to respond to an office action. The United States Patent and Trademark Office will send you a Notice of Abandonment to notify you if your application…
Intellectual property refers to the expressions of creativity such as naming of goods and services in interstate commerce, inventive concepts, art and designs. Individual legal rights to protection of this creativity can be found in patent, trademark and copyright law. An intellectual property law attorney can help explain the differences and similarities among these three…
