FEATURES Provides simplified filing with a lower initial investment with 12 months to assess the invention’s commercial potential before committing to higher cost of filing and prosecuting a nonprovisional application for patent. Establishes official United States patent application filing date for the invention. Permits authorized use of “Patent Pending” notice for 12 months in connection…
A Sound Trademark Identifies and Distinguishes a Product or Service Through Audio Rather Than Visual Means A Sound Trademark Identifies and Distinguishes a Product or Service Through Audio Rather Than Visual Means Sound marks function as source indicators when they “assume a definitive shape or arrangement” and “create in the hearer’s mind an association of…
What is a design patent? Source: USPTO.GOV A design consists of the visual ornamental characteristics embodied in, or applied to, an article of manufacture. Since a design is manifested in appearance, the subject matter of a design patent application may relate to the configuration or shape of an article, to the surface ornamentation applied to…
Improper Subject Matter for Design Patents Source: USPTO.GOV A design for an article of manufacture that is dictated primarily by the function of the article lacks ornamentality and is not proper statutory subject matter under 35 U.S.C. 171. Specifically, if at the time the design was created, there was no unique or distinctive shape or…
ARE YOUR PATENT OFFICE MAINTENANCE FEES DUE IN 2020? 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…
What is a copyright? Copyrights protect original works of art. This includes architectural drawings, photographs, books, songs, movies, software codes, etc. Copyrights give their owner the exclusive right to reproduce and profit off the underlying work. “Creators are not required to register their original creative work before copyright exists because rights exist automatically when the…
The Patent Attorney would require a complete disclosure of your invention. This can include sketches, write-ups, photos, drawings, etc. Provide all of the information in an organized format and be prepared to discuss all aspects of the disclosure. Answers to the following questions can be prepared before a phone or office consultation with your patent…
source: USPT.GOV The United States Patent and Trademark Office (USPTO) today published a report authored by its Chief Economist titled, Adjusting to Alice: USPTO patent examination outcomes after Alice Corp v. CLS Bank International. The report highlights how recent actions undertaken by the USPTO have brought greater predictability and certainty to the determination of patent…
TRADEMARK “USE” IN COMMERCE The term “use in commerce” means the bona fide use of a mark in the ordinary course of trade, and not made merely to reserve a right in a mark. A mark shall be deemed to be in use in commerce: (1) on goods when— (A) it is placed in any…
The United States Code provides that the owners of all utility and reissue utility patents filed on or after December 12, 1980 must pay maintenance fees to keep the patents. Maintenance fees are not required for design, plant patent, or statutory invention registrations. Maintenance fees and any necessary surcharges may be paid by the patentee…
