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Answers

Questions and Answers

1) What is a trademark/service mark?

A trademark is a word, name, symbol, or device that is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. A service mark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product. The terms “trademark” and “mark” are commonly used to refer to both trademarks and service marks.

2) What can be patented?

By statute, any person who invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent.

3) What must be shown to obtain a patent?

To obtain a patent, the subject matter must be new, useful and unobvious over the prior art.

4) How long must I wait before hearing from the USPTO regarding my patent application?

Once filed, you should receive an initial correspondence from a patent examiner within 18 to 24 months advising as to the status of your application. For an additional fee, there is an option for accelerated examination.

5) How long does it take to obtain a trademark?

Successful trademark prosecution usually takes approximately 6 to 12 months.

6) What is a copyright?

Copyright is a form of protection provided to the authors of “original works of authorship” including literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished.

7) Must I obtain a copyright to sue in Federal Court?

Yes. The United States Supreme Court unanimously held that an infringement lawsuit based on alleged copyright in a work is prohibited until the work is federally registered with the U.S. Copyright Office.

8) What is a design patent?

A design patent protects only the appearance of an article, but not its structural or functional features.

9) If I obtain a patent in the U.S. is it good anywhere?

Since the rights granted by a U.S. patent extend only throughout the territory of the United States and have no effect in a foreign country, an inventor who wishes patent protection in other countries must apply for a patent in each of the other countries or in regional patent offices.

10) Should I register my trademark?

Although federal registration of a mark is not mandatory, it has several advantages, including notice to the public of the registrant’s claim of ownership of the mark, legal presumption of ownership nationwide, and exclusive right to use the mark on or in connection with the goods/services listed in the registration