HAVE A QUESTION? YOU’VE COME TO THE RIGHT PLACE.

(1) Patents generally protect products and services, and the two most common types are:

• Utility patents for “useful” elements of a concept
• Design patents for the “look and feel” of a concept

For example, Apple has many utility patents on various technologies such as software and components of their products. They also have many design patents covering the shape and other visual configurations of their products.

(2) Trademarks are typically used to protect brands, logos and slogans.

(3) Copyrights generally protect artistic expressions such as photographs, websites, and other artwork. They may also be of some value in protecting computer software.

(4) Trade Secrets represent information that is beneficial to a business, and maintained in confidence by that business. The classic example is the secret formula for Coca-Cola®.

Utility and Design Patents, as previously discussed, generally cover the “useful” and “cosmetic” aspects of a concept, respectively.

For utility patent applications, there are a few variations:

• Standard non-provisional utility applications will eventually be examined by the US Patent Office and hopefully issue as a patent some time later. Publication typically occurs approximately 18 months after filing, and this will generally make the application available to the public for viewing.

• Provisional patent applications function as something of a bookmark for a future patent application. They are never examined nor published, and will expire 12 months after filing. They do however provide some important benefits by:

—– Establishing that the inventor had knowledge of the concept as of the time of filing, which may be useful if a competitor later develops (or steals) the same concept.

—– Potentially supplementing the 20-year term of patent protection, if a future patent properly claims the priority date (filing date) of the provisional application.

—– Providing a 12-month window to more fully develop aspects of the technology, or assess its commercial merits, prior to investing in a more detailed patent application. If one determines that they’re not ready to move forward with the process at that time, they can simply let it expire, in secrecy, without having risked public disclosure of their invention.

—– Saving money – generally provisional applications cost less to draft and file.

• PCT applications may be utilized when foreign patent protection is contemplated. They are similar to a standard utility application, but are filed in accordance with a multi-national treaty (the Patent Cooperation Treaty) and follow a certain set of rules to permit more streamlined (though not necessarily cheaper) entry into the patent process of PCT member countries.

A quick public service note regarding invention promotion companies – If you’re considering some of the patent or “invention promotion” services pitched in certain commercials and online ads you might wish to review some of the Federal Trade Commission (FTC) warnings and USPTO complaints regarding some of these.

Generally, when you first contact me regarding the possibility of filing a patent application, I will schedule an initial conference via telephone or in person to help you evaluate the situation. Once we determine whether that path is appropriate for you, I will typically provide a preliminary estimate of costs, and an Invention Disclosure Form to help you gather your thoughts and information relevant to the process.

If it seems an alternative route would be more appropriate for their strategy, I do not hesitate to suggest this. You will often find that I suggest the most cost effective route that still helps you achieve your goals effectively.

Once I have received and reviewed the Invention Disclosure Form, a preliminary patentability search can be conducted, if desired, or we can move immediately to drafting of the application. The process of drafting the patent application generally takes a few weeks, and a draft of the application will be provided to you for review. Once any revisions are made, the drawings are finalized, and you give your approval, I will file the application with the US Patent and Trademark Office.

Non-provisional applications are then examined by the USPTO, and they will typically raise a few objections along the way that we will work through together to overcome. During prosecution of the application, I will work with the inventor and the USPTO regarding the appropriate scope of claims.

Once that agreement is reached we will receive a Notice of Allowance and a patent will issue upon payment of the appropriate fee.