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GENERAL
QUESTIONS
PATENT
QUESTIONS
TRADEMARK QUESTIONS
COPYRIGHT QUESTIONS
GENERAL QUESTIONS
QUESTION:
How do I know if I need patent, trademark and/or
copyright protection?
ANSWER:
Patents protect inventions and improvements to
existing inventions. Copyrights cover literary,
artistic, and musical works. Trademarks are brand
names and/or designs which are applied to products
or used in connection with services.
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QUESTION:
Why should I use Premier Patents?
ANSWER:
Premier Patents offers superior service at fixed
prices. This means we will tell you in advance how
much a particular service will cost you. Whether you
order a patent, copyright, or trademark application
you will know how much it will cost you.
In addition, our office is located just 5 minutes
from the United States Patent and Trademark Office (USPTO).
Why is this important? Because unlike many other
firms we can do our searches at the USPTO where we
have access to the most updated patent and trademark
files and databases. We also have access to
sophisticated search tools not available anywhere
else, such as the EAST (Examiners Automated Search
Tool) search system and X-Search.
Finally, you get the benefit of attorneys and
searchers with years of experience and expertise in
their fields. Our staff will give you the personal
attention and courtesy you deserve, while making
sure you are satisfied with our service. Our
attorneys are available 9 am - 8pm (EST), Monday –
Friday to answer all of your questions.
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PATENT QUESTIONS
QUESTION:
What is a patent?
ANSWER:
A patent gives its owner the right to exclude others
from making, using or selling the invention
described in the patent for a period of twenty years
from the date the patent application is filed. An
invention must be new, useful and non obvious to
benefit from patent protection.
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QUESTION:
What is “patent pending”?
ANSWER:
Patent pending refers to the status of an applicant
who has filed a patent application with the Patent
Office and is awaiting processing of the
application. Once an applicant is “patent pending”
the applicant may begin marketing his/her invention
without jeopardizing patent rights. In addition, the
applicant can affix the words “patent pending” on
their invention to warn others that the applicant is
pursuing a patent.
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QUESTION:
Why should I have a patent attorney draft my patent
application?
ANSWER:
Patents have been referred to as the most complex
legal documents that exist. A patent generally
includes a set of legal claims, specification,
drawings, description of the drawings, summary,
detailed description, abstract and background.
Proficiency in claims drafting usually comes from
years of experience and training.
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QUESTION:
Should I use an Invention Marketing Company before I
go to a patent attorney?
ANSWER:
We strongly recommend that you do not go to an
Invention Marketing Company. Patent rules provide
that an applicant is not entitled to a patent if
there was any public disclosure or offer for sale of
the invention more than one year prior to filing a
patent application. In many foreign countries, an
applicant forfeits any rights to a patent if he/she
made any public disclosure or offer for sale before
filing a patent application.
Even though some Invention Marketing Companies
promise to present your invention to interested
parties in a confidential manner, such activity
could be considered an “offer for sale” regardless
of whether it was confidential or not. Therefore,
you should not present your invention to an
Invention Marketing Company or any other company
before filing a patent application. Please also
check the following patent office complaints page
about Invention Promotion Companies:
http://www.uspto.gov/web/offices/com/iip/complaints.htm.
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QUESTION:
How long does it take to get a patent?
ANSWER:
It can take anywhere from about 1 to 5 years to get
a final decision from the patent office on whether
they will grant you a patent. However, you can start
selling your invention as soon as you are “patent
pending” (i.e. your patent application has been
filed and accepted by the PTO) without damaging your
patent rights.
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QUESTION:
What is a Provisional Patent Application?
ANSWER:
A Provisional Patent Application is a type of patent
application that gives the applicant up to one year
of “patent pending” status and can be used to
establish a priority filing date with the patent
office. The Provisional Application has fewer
requirements than a regular patent application and
is therefore cheaper and faster to file. However, a
Provisional Application does not get examined by the
patent office and a regular patent application must
be filed within one year of the Provisional
Application filing date if you want the patent
office to review your application and issue a
decision. If a regular application is not filed
within one year of the Provisional Application
filing date, the Provisional Application will become
abandoned.
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QUESTION:
What is a Design Patent?
ANSWER:
A design patent may be granted to anyone who invents
a new, original, and ornamental design for an
article of manufacture. A design patent has a term
of 14 years from the date it gets issued by the
patent office.
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QUESTION:
What is a Utility Patent?
ANSWER:
A utility patent may be granted to anyone who
invents or discovers any new and useful process,
machine, article of manufacture, compositions of
matter, or any new useful improvement thereof. A
utility patent has a term of 20 years from the
filing date of the Utility Patent Application.
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QUESTION:
Do I need to do a patent search before filing a
patent application?
ANSWER:
We generally recommend ordering a professional
patentability search before you decide to file a
patent application. A thorough patent search is a
reliable indicator of whether or not a patent is
likely to be granted and will help you make an
informed decision about filing a patent application.
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TRADEMARK QUESTIONS
QUESTION:
What is a trademark (TM)?
ANSWER:
A trademark includes any word, name, symbol, or
device, or any combination, used, or intended to be
used, in commerce to identify and distinguish the
goods of one manufacturer or seller from goods
manufactured or sold by others, and to indicate the
source of the goods. In short, a trademark is a
trade or brand name.
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QUESTION:
What is a service mark (SM)?
ANSWER:
A service mark is any word, name, symbol, device, or
any combination, used, or intended to be used, in
commerce, to identify and distinguish the services
of one provider from services provided by others,
and to indicate the source of the services.
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QUESTION:
What is a Registered Trademark ®?
ANSWER:
The ® indicates that a trademark has federal
registration status and is legally recognized. The
registration symbol ®, may only be used after the
mark becomes registered in the U.S. Patent and
Trademark Office.
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QUESTION:
What is a state trademark or service mark?
ANSWER:
A mark can be registered with a state without being
registered with the U.S. Patent and Trademark
Office. States have their own sets of laws dealing
with trademarks. State trademarks protect the marks
within the states where they are registered unless
the owner of a federally registered trademark can
show proof of first usage of a similar mark.
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QUESTION:
What is a common law trademark or service mark?
ANSWER:
A trademark that has been used in commerce but has
not been registered with the U.S. Patent and
Trademark Office or with state trademark agencies
may have common law status within the confines of
the geographic area where it has been used
continually. The owner of a common law mark must
have legally recognized documentation of the marks
first and continual use in commerce.
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QUESTION:
What is a word mark?
ANSWER:
“Word mark” is phrase used to refer to a trademark
or service mark that is composed entirely of words,
numbers, and/or letters. Word marks do not include
graphic elements.
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QUESTION:
What is a design mark?
ANSWER:
“Design mark” is phrase used to refer to a trademark
or service mark that incorporates one or more
graphic elements such as a design, logo, or stylized
letter or number. Codes set forth in the PTO Design
Code Manual are used to identify and compare
trademarks and service marks that have similar
graphic elements. Design marks may include words.
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QUESTION:
Can I trademark my domain name?
ANSWER:
Yes, a domain name can be registered as a trademark.
However using a domain name as a website address
does not automatically qualify it for trademark
registration. The owner of a domain name must first
prove that they use the name in commerce to identify
or distinguish the source of goods and/or services.
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QUESTION:
How many trademarks can I include in one
application?
ANSWER:
The applicant cannot register more than one mark in
a single application.
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QUESTION:
Why apply for federal trademark registration?
ANSWER:
Federal registration will help as you expand your
business interests beyond your existing geographic
trade area by protecting your trademark in all 50
States and Puerto Rico, a necessity for a business
with a future interstate or international commerce.
A federally registered trademark will give you the
right to protect your business or product name
against infringement by another entity that uses a
similar mark or one that could be easily confused
with yours.
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QUESTION:
What are some specific benefits of federal trademark
registration?
ANSWER:
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Constructive notice nationwide of the trademark
owner's claim.
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Evidence of ownership of the trademark.
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Jurisdiction of federal courts may be invoked.
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Registration can be used as a basis for
obtaining registration in foreign countries.
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Registration may be filed with US Customs
Service to prevent importation of infringing
foreign goods.
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Federal registration is for 10 years, with
10-year renewal terms.
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QUESTION:
Do I need to do a trademark search before filing a
trademark application?
ANSWER:
We generally recommend ordering a professional
trademark search before you decide to file a
trademark application. A trademark search could help
you avoid conflict with another trademark owner and
is a reliable indicator of whether or not your mark
can be registered. A professional trademark search
will help you make an informed decision about filing
a trademark application.
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COPYRIGHT QUESTIONS
QUESTION:
What is a copyright?
ANSWER:
A copyright gives the author or copyright owner the
exclusive right to make copies of their creative
work for the life of the author plus seventy years.
A copyright also gives the owner control of
derivative works (e.g. plays, motion pictures, or
other adaptations of the work), as well as exclusive
rights to display and perform the work.
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QUESTION:
How do I establish a copyright?
ANSWER:
Your work is protected by copyright the moment it is
created and fixed in a tangible form so that it is
perceptible either directly or with the aid of a
machine or device. It is not necessary to register
your copyright to have rights of copyright.
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