FAQ

What are the different types of Intellectual Property?

Patents – protect new or improved inventions or innovations; (utility, plant, design)

Copyrights – protect the expression of ideas and concepts in a “fixed and tangible” medium

Trademarks – protect the public as to the source of goods and services

Trade Secrets – protect confidential information

PATENTS

What is a patent?


The purpose of a patent is to protect a new or improved idea and inform the public of innovations that advance the arts and sciences. In exchange for the patent, the Inventor must make the invention public through publication of their patent and in return receives a limited term to exclude others from making, using, and selling the invention (w/o a license).




What can you patent?


Patentable subject matter includes any useful process, machine, manufacture or composition of matter 35 U.S.C. § 101. Naturally occurring compositions are not patentable – inventive step is required, e.g., a genetically altered organism is patentable. Diamond v. Chakrabarty, 447 U.S. 303 (1980).




How long does a patent last?


Patents are a property right granted to an inventor for new, useful and non-obvious inventions for a period of 20 years from the filing date of a patent application, and provide the right to exclude others from making, using or selling the invention without a license from the patent owner.




What are the features of a patent?


An invention must have practical utility; but does not have to be “commercially” useful. It must be novel and non-obvious.




What is patent infringement?


Whoever without authority makes, uses, offers to sell, or sells any patented invention, within the U.S., or imports into the U.S. any patented invention during the term of the patent therefore infringes the patent.





TRADEMARKS

What is a trademark?


A trademark is a word, phrase, symbol or logo that is used to brand, identify, and distinguish a product.




What can you trademark?


You can trademark any product or service that has distinctive character and is distinguishable from other products and services.




How long does a trademark last?


10 years, with 10-year renewal terms; but between the fifth and sixth year after the date of registration, the registrant must file an affidavit stating that the mark is still in use or the registration will be cancelled.




What are the five types of trademarks?


Trademarks fall into one of five main categories: generic mark, descriptive mark, suggestive mark, fanciful, and arbitrary mark. These are listed from the weakest to the strongest with a generic and descriptive mark being weak and a fanciful and arbitrary mark being strong.




Can you use TM without registering trademark?


You can use “TM” without a USPTO registration, but you can only use the ® after the USPTO has registered the trademark.





Copyrights

What is a patent?


The purpose of a patent is to protect a new or improved idea and inform the public of innovations that advance the arts and sciences. In exchange for the patent, the Inventor must make the invention public through publication of their patent and in return receives a limited term to exclude others from making, using, and selling the invention (w/o a license).




What can you patent?


Patentable subject matter includes any useful process, machine, manufacture or composition of matter 35 U.S.C. § 101. Naturally occurring compositions are not patentable – inventive step is required, e.g., a genetically altered organism is patentable. Diamond v. Chakrabarty, 447 U.S. 303 (1980).




How long does a patent last?


Patents are a property right granted to an inventor for new, useful and non-obvious inventions for a period of 20 years from the filing date of a patent application, and provide the right to exclude others from making, using or selling the invention without a license from the patent owner.




What are the features of a patent?


An invention must have practical utility; but does not have to be “commercially” useful. It must be novel and non-obvious.




What is patent infringement?


Whoever without authority makes, uses, offers to sell, or sells any patented invention, within the U.S., or imports into the U.S. any patented invention during the term of the patent therefore infringes the patent.





Trade Secrets

What is a trademark?


A trademark is a word, phrase, symbol or logo that is used to brand, identify, and distinguish a product.




What can you trademark?


You can trademark any product or service that has distinctive character and is distinguishable from other products and services.




How long does a trademark last?


10 years, with 10-year renewal terms; but between the fifth and sixth year after the date of registration, the registrant must file an affidavit stating that the mark is still in use or the registration will be cancelled.




What are the five types of trademarks?


Trademarks fall into one of five main categories: generic mark, descriptive mark, suggestive mark, fanciful, and arbitrary mark. These are listed from the weakest to the strongest with a generic and descriptive mark being weak and a fanciful and arbitrary mark being strong.




Can you use TM without registering trademark?


You can use “TM” without a USPTO registration, but you can only use the ® after the USPTO has registered the trademark.





disclaimers

This is not Legal Advice and should not be construed as an engagement or offer of legal advice.  These are only sample Q&A related to patents and trademarks. Protection and enforcement of IP property rights is subject to the nuances of circumstance and complexity of the law.

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