FAQ
Patent law
What is a patent?
Protect your intellectual property with a US patent. Read more about what a patent is and why your idea or invention needs to be patent protected. Read More >>>
What is the term of a patent?
In the United States there are three types of patents and each patent type has its own set of unique terms. Read More >>>
What legal rights does the owner of a patent in the United States have?
A patent owner has the right to prevent others from practicing the invention in the patent. Read More >>>
Why does having a patent create the value for an invention?
A patent owner has the right to prevent others from practicing the invention in the patent. Read More >>
Have we run out of invention ideas; are there still new ideas for inventions that need to be made today?
We live in a rapidly changing world. This makes it a great environment for new product and invention ideas. Read More >>>
How is a patent different from a trademark or copyright?
While the rights of a patent are very distinct from a trademark or copyright, each has different legal protections. Read More >>>
What is patentable subject matter?
Learn the difference between a patentable subject matter and non patentable idea. Read More >>>
What are the parts of a patent application?
There are several different parts of the patent application that must be completed correctly before presenting your patent to the United States Patent and Trademark Office (USPTO) Read More >>>
What are system patents, process patents, method patents and product or device patents?
These names refer to the subject matter that is defined in the claims of a utility patent. Read More >>>
How do I know if my invention is eligible for patent protection?
If your invention is new and non-obvious, it may be eligible for a patent. Read More >>>
What requirements are there for patentability?
In addition to being new and non-obvious, there are other limitations to patentability. Read More >>>
What is prior art and what does prior art mean?
Prior art is the term given to information that has been publicly disclosed prior to the filing date of the patent. Read More >>>
What is the best way to determine if my invention is patentable?
The best way to determine whether an invention is patentable is to have a patent search completed and than analyzed by a professional. Read More >>>
What are the limitations of a preliminary patent search?
Often this type of preliminary search will be limited to US databases and not take into account other international patent offices. There are other considerations as well. Read More >>>
What if an invention was patented and the patent has expired?
There are terms to a patent and when that expires it becomes public domain. Read More >>>
Is a US patent valid in other countries?
Unfortunately, no. Read More >>>
How are patent rights enforced; how do I stop someone from infringing my patent?
A patent is enforced through the Federal Courts of the United States. Read More >>>
Who is in charge of reviewing or examining my patent application?
A Patent Examiner at the United States Patent and Trademark Office (USPTO) will examine a patent application. Read More >>>
What is a patent attorney in the United States, and what are the qualifications of a patent attorney?
A patent attorney will have a technical degree, most often an engineering degree, or a science degree, as well as a law degree. Read More >>>
Can I obtain a patent but keep my invention confidential at least during the patent application process and possibly beyond?
Starting in the early 2000’s the United States started to publish all patent publications. Read More >>>
How do patents help innovation and why do we need patents?
Patents help further innovation. Read More >>>
Trademark law
What is a trademark?
A trademark functions as an indicator of source for a good or a service. Read More >>>
What can I trademark?
The short answer is virtually anything that functions as an indicator of source. Read More >>>
How are trademarks different from other forms of intellectual property?
Intellectual property includes trademarks, copyrights and patents. Read More >>>
Can I license or sell my trademark registration to someone else?
Yes. Read More >>>
Do I need to sell a good or sell a service to obtain trademark rights?
A clever name or slogan or logo without the sale of goods or services is not a trademark. Read More >>>
What are the benefits of a Federal Trademark Registration in the United States?
There are 8 top benefits to obtaining trademark use. Read More >>>
What are the steps to obtaining a Federal Trademark Registration?
To obtain a Federal trademark registration, the process is initiated by completing and submitting a Federal Trademark Application with the USPTO. Read More >>>
How long will it take for a Federal Trademark Application to mature into a Federal Trademark Registration?
Between 9 and 20 months. Read More >>>
What is the difference between a strong and a weak trademark: how is the strength of a trademark determined?
The spectrum of trademarks include fanciful, arbitrary, suggestive descriptive, and generic trademarks. Read More >>>
I have filed a trademark application and received an Office Action or a rejection, what can I do?
Contact a Trademark Attorney if you receive an Office Action or a rejection. Read More >>>
How can two different owners have a Federally Registered Trademark for the same word or mark?
Often, there is a misconception that has “trademarked a word”. Read More >>>
If the mark that I desire to use has been Federally Registered by someone else but is not being used, what can I do?
All hope is not lost! Read More >>>
What is a common law trademark and a state trademark registration?
Learn about the difference between common law trademark and state trademark. Read More >>>
How is a trademark different from a domain name or an approved state corporate name?
Approval of a domain name, and approval of a corporate name by the Secretary of State of a particular state, does not, in and of itself confer trademark rights, nor does it mean that you can use that name in association with your goods or services. Read More >>>
What is the difference between TM, SM and ®?
Only a Federally Registered Trademark can use the coveted “circle R”, or ®. Read More >>>
What are International classes of goods and services?
The Trademark Office of the USPTO (and the trademark offices generally around the world) classify all of the different goods and services into forty-five different International Classes. Read More >>>
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