The following links and discussions are provided for general interest and education. This basic information about patents, trademarks and copyright that may, or might not, apply to your facts and needs. Before taking any action, or making any decisions concerning these matters, please talk to an attorney.

●   PATENTS

●   TRADEMARKS

Guide to Proper Trademark Use

●   COPYRIGHTS

●   THE DIFFERENCES BETWEEN PATENTS, TRADEMARKS AND COPYRIGHT

●   TYPICAL COSTS

●   NONDISCLOSURE / CONFIDENTIAL DISCLOSURE AGREEMENTS

●   U.S. Patent and Trademark Office

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●  PATENTS  protect inventions and novel improvements to existing inventions. 

There are three different types of patents.  They are:

A UTILITY patent may be granted to anyone to invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement on any of these things. 

A DESIGN patent may be granted to anyone who invents a new, original and ornamental design for an article of manufacture

A PLANT patent may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.

●  To read about how a typical patent application is handled and what will be expected of you as an inventor/client see:  TYPICAL PATENT PROCESS

●  General information about patents and filing for a patent can be found at the U.S. Patent and Trademark Office at: General Patent Info

●  Find answers to many Frequently Asked Questions at the U.S. Patent and Trademark Office at:  More Patent Info

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●  Trademarks are a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods (or services) of one party from those of others.  A trademark is distinct from a company or business name.

Trademark rights are created automatically under state law by the first person/business to use the trademark as a trademark.  However, owning a federal trademark registration provides several advantages including establishing nationwide exclusivity and a basis for international trademark protection.

● NOTE:   Establishing a internet domain name, a fictitious business name, or a corporation name does not establish or protect trademark rights in the same name.

● For  a guide to proper use of trademarks click on: PROPER TRADEMARK USE.

● To read additional useful information about trademarks and federal registration of trademarks, click on the link below to transfer to information provided by the U.S. Patent and Trademark Office. More TM Info

The Law Office of Sven W. Hanson can provide all the services necessary to select and protect trademarks throughout the world.

♦ Member - International Trademark Association

 

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● Copyrights protect creative  works such as musical works, artworks, writings,  illustrations, sound and video recordings, software, websites, sculptures, architectural works.

●  "Do I need a patent, a trademark or copyright" is a common question.  The following information is provided to help you understand the differences:

PATENTS  protect useful inventions and improvements to existing inventions.  Patents give rights to make, use, and sell the defined products or processes.

TRADEMARKs are a word, name, symbol, or device that is used to indicate the source of  products or services and to distinguish them from the products and services of others.  If it doesn't indicate a particular source of products or services, it is not a trademark.  For example:  "NIKE" is a trademark indicating a source of shoes (BUT, the trademark does not protect any shoe design).

COPYRIGHTS protect the expression of ideas in literary, artistic, and musical works.  The copyright protects the form of expression rather than the subject of the writing.  For example, a description of a machine or process could be copyrighted, but this would only prevent others from copying the description. It would NOT prevent others from writing their own description or from making the machine or process.  Copyrights do not protect any ideas contained in a writing.

●  For more details distinguishing patents, trademark and copyrights see the materials at the U.S. Patent Office at:   MORE INFO

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How it all works -  What a client may experience in seeking a patent:

● The following is an example of the steps during the preparation, filing, and subsequent handling of a typical patent application. Every case is different in many ways, and this information is provided for general education only. Please discuss the particulars of your case with an attorney.

● At a typical first meeting with a patent attorney, you would likely:

Educate your attorney about the what you want to protect, and discuss your business plans: what you are going to do with the patent.

Discuss the requirements for obtaining a patent. In a first meeting, your attorney may point out obvious problems that might prevent you from getting a patent.

Discuss whether and how your attorney will do a patent search. A search is not required, but is usually valuable in making a decision on whether to file for a patent, and to better prepare to write a patent application.

Discuss costs. The costs may depend on the complexity of the subject to be protected, how well you know the subject, and whether the design or details of the subject are likely to change or do change while the patent application is be prepared. Click on Costs to get information on typical costs.

Discuss everything you know that might be important to whether you should be given a patent. You should tell your attorney about any sales, offer to sell, prior uses, other people who know about your invention, all prior disclosures of your invention such as discussions with other people or publications, and any known prior devices that are similar.

WARNING! It is important that your tell your attorney about anything that might be important in any way. Any information that you or your attorney have that is relevant to the decision to grant a patent must be given to the U.S. Patent Office during examination of your patent application. Withholding information that might be important can invalidate a patent even after it is granted.

● After the  first meeting, if you have decided to do a search, the search will be completed and a report sent to you. You should discuss the report with your attorney.

● If you decide to file a patent application, with the information you have provided, your attorney will prepare a written description of the invention and illustrations.   These will be your patent application and, if a patent is granted, will become the body of the patent. You must provide enough information to enable a person “skilled in the art” to make and use the invention. A person “skilled in the art” is someone who has experience making devices similar to your product . You do not need to provide information that the person “skilled in the art” will already know (for example: how to design a conventional electric circuit).  You do not need to have built a prototype before filing a patent application.

● Your attorney may schedule additional meetings, or call you, to obtain additional information.

● A draft patent application will be sent to you when ready for your review.  It may contain questions or blanks requiring you to provide additional information. You should review the draft application carefully and ask questions about anything you do not understand. Always remember that, although your attorney is doing the writing, it is your invention and you should understand and be confident of both the application's written description and drawings. If there is anything you do not understand or disagree with, or are unsure of, please discuss it completely with your attorney. It is his job to answer your questions and assist you in this way.

When the patent application is ready to be filed, you should review the application again, completely. At this time, your attorney will give you other documents to review and sign.  These will be filed with the patent application.

● When a patent application is filed and first received in the U.S. Patent and Trademark Office you then have the status of “Patent Pending”. This does not give you any rights, except a priority over any other person who might afterwards file a patent application on the same thing.

● A first answer from the U.S. Patent Office about your patent application might be received anywhere from 8 months to two years after filing (or later depending on the subject).  All correspondence will go to your attorney and he will contact you at that time.

● TIME: Expect to wait 18 months to 3 threes to complete the process.  This is an average. Rarely does a patent issue in less than 12 months, and 5 years is more typical for some subjects such as software or computer based inventions.

● UNCERTAINTY: Remember that government fees and rules change over the years, and therefore your expected costs, and even the rules by which your patent application will be judged for patentability, may change after you file an application. This is risk that is unavoidable and should be considered when making the decision to file for a patent.
 

At any time you feel uncomfortable working with your attorney, please speak to him as soon as possible to allow him to remedy the problem. (Although I write “him”, there are many fine female attorneys).

At any time, if you are not satisfied with your attorney, you may engage a new law firm and have the application handled by a new attorney. It is important that you have confidence in your attorney. Do not hesitate to engage a new attorney if you feel that it is necessary.

The above is “typical” of some patent applications. Your attorney may decide that additional or different actions are necessary to do the best job for you.   Different law firms also do business differently.  How your attorney works with you will depend on the law firm you choose to do business with. 

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● TYPICAL COSTS

The following are typical fees and costs a person might be charged by an attorney for handling the preparation and filing of various applications and registrations.  These presume a low complexity of the subject matter  and no unusually events.  In any particular case, your final costs may be higher or lower than the below amounts, depending on a great variety of factors.  Ask your attorney for an estimate for handling a particular matter for you.  However,  remember that final costs in any case are often affected by facts and events unknown or unknowable by you or your attorney at the start of a project.

NOTE: The following are based on average fees and costs reported by the American Intellectual Property Lawyers Association's 2007 Economic Survey of U.S. attorneys and do not represent the fees charged in the office of Sven W. Hanson. 

● PATENTS

Preparation and Filing of a Patent Application  in the U.S. Patent and Trademark Office (for a subject of low complexity)....$7012 (plus $515 government fees)

Handling of the Patent Application through the Patent Office until a Patent Issues:....$4592  (plus $720 government fees)

● TRADEMARKS

Trademark: Availability Search and Opinion:.....$1200

Trademark:  Preparation and filing a Federal TM registration application and handling until allowance:....$2062 (plus $325 government fees)

● COPYRIGHTS

Preparation and filing of a Copyright registration application:.....$361 (plus $45 government fees)

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[NOTE: All government fees are subject to the whims of the government and change periodically.]

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● NONDISCLOSURE or CONFIDENTIAL DISCLOSURE Agreements

These are contracts in which parties agree to protect, not reveal and/or not use certain information.   These Agreements do not create rights except the right to enforce the contract against the other parties to the contract.  

What is written in a particular Agreement depends on the parties, their relationship, what they need and what they are protecting.   There is no "Standard" agreement.

Enforcement typically requires filing a suit in court.  

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The following guides for proper trademark use apply anywhere and everywhere your trademark appears, including in business documents; correspondence; advertisements; promotional material; displays; packaging; product labels; signs; dictionaries; Web pages, and other media, containing, discussing, or describing, the goods or trademarks themselves.

● AFFIX to Good or Services In order for trademark rights to be created and maintained, a mark must be affixed to your products, or used in connection with your particular services. Marks cannot discharge their source-identifying duties if they cannot be seen on products, or with services.

Trademarks are "affixed" by applying them directly to a product, to containers in which the product is packaged, or to tags or labels attached to the product. Service marks are "affixed" by using them in signs and other advertisements offering the services, and on letterhead and invoices through which the services are provided. As a general rule, a mark is not a mark until it has been properly affixed!

● Use Your trademark as a Trademark
It is not a "SNICKERS".... it is a SNICKERS candy bar.   

One way to ensure that a trademark is used in properly, is to follow each use with the generic word for the product or service. For example, generic terms for PEPSI, KLEENEX and FEDEX are: "soft drink," "tissue," "courier service".

Using the word, "brand," after a mark, and before the generic product name, is a good way to ensure proper use..... "KLEENEX brand tissues"

Trademarks should always be used in a way that distinguishes them from surrounding names or other text or designs. In used in a body of text, trademarks should be CAPITALIZED, underlined, italicized, placed in "quotation marks," or depicted in boldface type, or otherwise set off to distinguish the trademark from the surrounding text. The goal is to create a distinct impression in the minds of consumers that this is a trademark and indicates distinct goods or services.

When placed on labels, packaging or advertisements, a trademark should be sufficiently set apart from other names, text and design elements that the other elements don't appear to be part of the trademark.

Provide notice of Registration:
If your trademark is federally registered, use:

"®;" or  Use the legend, "Registered, U.S. Patent and Trademark Office," or "Reg. U.S. Pat. & Tm. Off."

(TM) for an unregistered trademark for goods; and,
(SM) or (TM) for an unregistered trademark for services (service mark).