Monthly Archives: April 2015
Common law trademarks
How do I get a trademark? While a Federal trademark registration or a state trademark registration is greatly preferred, in general, Trademark protection ensues under the common law of trademarks as soon you begin using the name, but only as … Continue reading
Trademark Searching
How do I do a trademark search? The first step of getting a trademark is to see if there are likely to be conflicts with other marks. The conflict is evaluated on the basis will the mark create a likelihood … Continue reading
Foreign trademark protection
What if I want to have my mark registered in other countries? If your products are to be sold in other countries, you may wish to register trademarks in those countries. A Foreign Trademark Registration is generally acquired on a … Continue reading
Utility Patent Protection
What qualifies for utility patent protection? Section 101 of Title 35 of the United States Code states that “any new and useful process, machine, or composition of matter, or any new and useful improvement thereof” can be the subject of … Continue reading
Provisional Patent Applications
What is a Provisional Patent Application? The “provisional” patent application system was created after the GATT treaty was signed in 1995. A provisional application may be filed without claims, is not examined or even read by anyone at the Patent … Continue reading
Plant Patents
What is a plant patent? A plant patent is a grant from the government of the right to exclude others from making, selling or using the claimed asexually reproduced plant for a period of twenty (20) years from the filing … Continue reading
Resources for Inventors
Inventor Resources Business Development Graphic Artists/Designers & Computer Aided Drafting Engineering Consulting Marketing Resources E-Commerce Prototypes, Machining & Plastics Financing Would you like to be listed in one of these categories? Contact us! NOTE: The below list contains resources available … Continue reading
Design patents
What is a design patent? A design patent is a grant from the government of the right to exclude others from making, selling or using the claimed ornamental design features of an invention for a period of fourteen (14) years. … Continue reading
Utility Patents
What is a utility patent? A utility patent is a grant from the government of the right to exclude others from making, selling, or using the claimed group of functional features of an invention for a period of 20 years … Continue reading
Common Law Copyrights
Common Law copyright vs registered copyright Under current copyright law, if you just create something, you own a copyright in that thing, whether it is a statue, a book, a poem, a photograph, a piece of furniture, or a painting. … Continue reading
What information do you need to file for a copyright?
What information do you need to file for a copyright? Date and creation of the work. Date of first publication. Was the work for hire? Usually this is work done by an employee. If there is an agreement that a … Continue reading
Providing Copyright Notice
How do I provide proper notice that a work is copyrighted? Proper notice has the © symbol of the word “Copyright,” the name of the owner of the copyright, and the date of first publication. The date of first publication … Continue reading
Useful Intellectual Property Resorces
Intellectual Property Blogs Mr. Shaver’s Bicycle Technology Blog Mr. Shaver’s Outdoor Technology Blog Mr. Shaver’s History of Technology Blog USPTO/Library of Congress U.S. Patent and Trademark Office (USPTO) Home Page USPTO Patents Home Page USPTO Trademarks Home Page U.S. Copyright … Continue reading
How to keep an inventor’s notebook
If I want to keep an inventor’s notebook (or “log book”), what should be in it? The record of the invention should be sufficiently detailed to allow a person who is of average skill in the art to read it … Continue reading
What does “Patent Pending” or “Pat. Pend.” mean?
Patent pending means that the person or manufacturer is giving notice that some kind of patent application has been filed for some portion of the object on which the words appear. It is illegal to mark a product or … Continue reading
How long do trademark rights last?
How long do trademark rights last? First, the continued validity of a trademark registration is dependent upon actual use of the trademark. In this sense, trademarks are not true property rights in that an express, or circumstantially proven, permanent intention … Continue reading
What is a Copyright?
What is a Copyright? A copyright is an exclusive right to reproduce and prepare derivative works of an original work of authorship. When compared with the patent right, a copyright is affirmative in nature because it gives the owner a … Continue reading