Utility Patents
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Utility Patents

UTILITY PATENTS There are two types of utility patent applications: provisional and nonprovisional. A provisional application is a quick and inexpensive way for inventors to establish a U.S. filing date for their invention, which can be claimed in a later-filed nonprovisional application. A provisional application is automatically abandoned 12 months after its filing date and…

IS A TRADEMARK APPLICATION RIGHT FOR YOU?
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IS A TRADEMARK APPLICATION RIGHT FOR YOU?

Is a trademark application right for you? Trademarks, patents, copyrights, domain names, and business name registrations all differ, so it is important to learn whether a trademark is appropriate for you. A trademark typically protects brand names and logos used on goods and services. A patent protects an invention. A copyright protects an original artistic…

What is Intellectual Property Law?
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What is Intellectual Property Law?

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…

How do I challenge a trademark registration or application?
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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). You may challenge an application for trademark registration at…

Can I change ownership of a patent application?
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Can I change ownership of a patent application?

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?
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What is interstate commerce?

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…

REQUIREMENTS FOR JOINT INVENTORSHIP
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REQUIREMENTS FOR JOINT INVENTORSHIP

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…

Can the USPTO assist me in the developing and marketing of my patent?
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Can the USPTO assist me in the developing and marketing of my patent?

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,…

What is a Non-Disclosure Agreement?
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What is a Non-Disclosure Agreement?

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.