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Patents protect new inventions relating to mechanics, software, electronics, and biotechnology. They differ from trademarks in that trademarks protect brands, logos, and other identifiers and from copyirghts in that copyrights protect writings, music, and other creative exrpressions. View diagram of patent process.
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Procedural Strategy with regards to the patent process is of critical importance as certain procedural routes can be used
to reduce initial expenses and delay significant expenses while simultaneously preserving patent rights in virtually every country
in the World. With patent rights preserved and significant expenses delayed, inventions can be safely marketed to determine their
value before additional investment is made perfecting patents rights.
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International PCT Applications. This single application preserves patent rights in 148 countries, including the U.S., the EU, and Eurasia, and delays the time frame for filing applications in these countries for at least 30 months. When a United States application is later filed it can be quickly examined out of turn when certain rules are adhered to.
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Provisional Applications. This U.S. application has virtually no formal requirements, can be as minimal as inventor notes and sketches, and can include subject matter for many different inventions. Provisional applications delay the time for filing formal non-provisional, PCT, and foreign applications by a year; although, filing a PCT application further delays the time for filing foreign applications.
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Non-Provisional Applications. This formal U.S. application is examined approximately a year to two after filing, unless an accelerated petition is filed yielding examination in a matter of months, and results in an enforceable patent after successful examination.
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Continuation and Continuation-In-Part Applications. These formal U.S. applications are non-provisional applications that are based on at least one prior non-provisional application. They are filed to delay examination of a non-provisional application further or introduce new subject matter for examination.
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Trademarks protect brands, logos, and other marks that are used to sell products or services. View diagram of trademark process.
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Trademark Selection is the foundation of the trademark process and has a direct bearing on the degree for which the law will protect a trademark, the likelihood of a successful registration, and the likelihood of a third party challenge. When an uncommon and distinctive mark is chosen, legal expenses are minimized and legal protection is enhanced.
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Common Law Trademarks. These trademarks do not require any formal registration and exist immediately upon use. They are more difficult to enforce and offer no protection in geographic areas of non-use.
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State Trademark Registrations. State registrations require a simple registration with the Secretary of State and are somewhat easier to enforce than common law trademarks and provide statewide ownership priority.
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Federal Trademark Registrations. Federal trademarks are examined at the United States Trademark Office and have a period for public opposition. They are significantly easier to enforce and provide nationwide ownership priority.
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Trademark Registration Disputes are proceedings within the Trademark Office that prevent registration of conflicting trademarks.
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Trademark Monitoring is a service that monitors new trademark applications and application publications to provide an alert regarding a potential trademark conflict.
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Trademark Oppositions are proceedings with the Trademark Trial and Appeals Board within the Trademark Office that seek to prevent registration of a trademark application. Oppositions must be initiated during the publication period of an application.
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Trademark Cancellations are similar to trademark oppositions, except they seek to cancel existing trademark registrations. Trademark cancellations must be filed within five years of the registration issuance date, otherwise the grounds for cancellation become extremely limited.
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