A Patent is a propitiatory right granted by federal government pursuant to laws passed by Congress. Patents, which convey to the owner exclusive rights to the claimed invention, are granted to inventors who file an application with the United States Patent and Trademark Office (USPTO). There are three types of patents available in Unites States 1) Utility Patent which covers [...]
In order for the patent application to fulfill the utility requirement, the claimed invention must be "useful" for some purpose either explicitly or implicitly. Most often the applicant will make explicit utility statement in a patent application but this is not always necessary. Utility problem usually arises in one of the two scenarios. Firstly why [...]
It may surprise you to learn that your trademark receives some legal protection, even if its not officially registered with the USPTO. Such protection for the unregistered trademark is based on common law of protection and Federal Lanham Act. What you receive without Registration? While the extent of protection id typically limited to the [...]
The first thing to notice is that there is no such thing as contingency representation for the purpose of preparing, filing and ultimately obtaining a patent. Patent attorneys and patent agents simply do not take contingency clients when the matter is patent procurement. When you file a patent application you need to depend on the fact that [...]
"Trademark" is an incredibly flexible term. As the United States of Patent and Trademark Office defines it, a trademark is a word, phrase, symbol or design that identifies and distinguishes the source of goods of one party form those of others. However, this technical definition hardly scratches the surface of vast pool of potential trademark. [...]
Once an individual or entity realizes and idea and files a trademark, patent or service mark, it is up to that indivisual or entity to protect them in question. The USPTO are not "patent police", and do not often proactively enforce infringement. A few questions to protect your patent include: Keep records. You should keep [...]
