Copyright vs Patent

Software can be protected by a copyright or a patent. A copyright is a form of intellectual property that protects original works of authorship in the United States and due to treaties, worldwide. An advantage of a copyright is its long life. For an author, the copyright runs for the life of the author plus Read More

What is a “Restriction Requirement”?

You may have seen that the first office action in a patent application is a restriction requirement or an election of species. In a restriction requirement, the patent examiner insists that the application contains claims to two or more inventions. Since a U.S. patent can only be issued for a single invention, the applicant is Read More

What if They Reject My Patent?

One of the highlights of the U.S. Patent System is that patent applications can be continued and even changed during the examination through several iterations. In a first round of examination, the Patent Office will issue a first action, typically a rejection. After the applicant responds, with or without an amendment, the application is either Read More

How do I Register my Trademark?

Many people ask, “what are the information items I need to provide to my attorney in order to file a trademark application?” These items include the name of the mark you wish to protect, the goods or services sold under the mark, the name, address, and citizenship of the owner of the mark. Next, we Read More

What Makes a Strong Trademark?

A trademark can be any word, phrase, symbol, design, color, or combination of these things that identifies your goods or services. It’s how customers recognize you in the marketplace and distinguish you from your competitors. It should be easy to speak and spell. It should be easy to remember. It should not be too lengthy Read More

Can I get a Worldwide Patent?

Here’s a question patent attorneys are asked often. What if I want to protect my invention all over the world? Can I get a worldwide patent? The answer is no. But there is such a thing as the PCT, the Patent Cooperation Treaty, a patent application that covers most of the countries around the globe. Read More

What Does “Licensing” Mean?

We are often faced with inventors who want to get a patent and strike it rich. Getting the patent is only one of many steps. If you want to strike it rich, you must also monetize the patent. There are several options. You may license the patent. In that case, the license may be exclusive Read More

What is a Design Patent?

A design patent is another form of protection when a utility patent is not proper due to the aesthetic appeal of the inventive subject matter. If you have more questions, we suggest consulting with an experienced intellectual property attorney.

The Copyright Basics You Need to Know

A copyright protects the intellectual creative works of authors, such as books, movies, music, software, paintings, photographs, and many, many other types of work. A copyright application is filed with the Copyright Office. The application contains basic information such as the name and address of the author, the date the work was created, and most Read More

“Election of Species” & How it Affects Your Patent

You may have seen that a first office action in a patent application is a restriction requirement or an election of species. In an election of species, the patent examiner insists that the patent application contains features or dependent claims to different, such as two or more, inventions. The rule is that a patent can Read More