Author Archives: Scott Swanson
Do I need a patent, a trademark or a copyright?
Patents, trademarks, and copyrights are categories of intellectual property rights, each with its own form of protection: Patents protect the way a device works (a utility patent would protect for example the mechanism by which your car brakes operate) or … Continue reading
Can I change the device 10% or 15% and not infringe a patent?
The short answer to this question is NO, patent infringement is not based on a percentage of how close to the original your device is. Patent infringement is determined by comparing the claims of a patent to the accused devise. … Continue reading
What is the purpose of a patent?
United States Patent law sets forth “whoever without authority makes, uses, offers to sell, or sells any patent invention, within the United States or imports into the United States any patent invention during the term of the patent therefor, infringes … Continue reading
Patentability requirement – Nonobviousness
The term nonobviousness is a legal term of art in the patent world. The question is would the invention have been obvious to a person having ordinary skill in the art (a PHOSITA) at the time of invention. While this … Continue reading
Patentability Requirement– Novelty
One of the requirements for receiving a patent on an idea is that the idea must be novel, or new. This requirement is found at 35 U.S.C. 102. In general, the novelty patent requirement means that the idea as claimed … Continue reading
Patentability requirements – Useful Requirement
In order to obtain a patent on an idea, that idea must be “useful.” In other words, the idea must have some useful purpose. The “useful” patent requirement is a low standard and typically easy to meet. Typical exceptions … Continue reading
When should I file for a patent?
If you have an idea that you view as worth protecting, you should file a patent application before you disclose the idea to any third parties. In the United States, you have a 1 year grace period from the time … Continue reading
Foreign Patent Protection
How do I get a patent in a foreign country? In order to have patent protection in a foreign country, a person or company must have a patent in whatever entity or jurisdiction provides patent rights in that country. This … Continue reading
State and Federal Trademark Registrations
Should I get a state trademark registration or a federal trademark registration? Both state trademark registrations and federal trademark registrations are very beneficial to both individuals and companies. State trademark registrations typically provide constructive priority throughout the state in which … Continue reading
What is a Federal Trademark Registration?
A Federal trademark registration (as opposed to a state trademark registration or common law trademark rights) provides constructive nation-wide notice that you are using a mark on the goods and/or services listed in your trademark registration. In sum, the U.S. … Continue reading
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
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