For an invention to be “patentable”, it must be useful, novel and nonobvious. To find out if there are prior art disclosures or patents, we typically conduct a prior art search either in-house or through services that focus on such searching.

The average prosecution of a patent application from filing to allowance or abandonment is on the order of 2-3 years. Business method and computer related applications tend to take a lot longer. There are various ways to expedite prosecution of an application by paying increased fees and by doing additional steps before filing.

A patent protects new and nonobvious inventions whereas trademarks protect branding associated with goods or services.

A trademark is a source identifier. It can include any word, name, symbol, 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.
Trademarks can consist of a variety of words and symbols. For example, trademarks can include the following:
• A design – such as the NIKE swoosh
• A product shape – such as the shape of the COCA-COLA bottle
• A number – such as 311 covering entertainment services provided by a popular music group
• A slogan – such as JUST DO IT associated with NIKE product lines
• A sound, color, or smell – such as the NBC chimes associated with NBC radio and television programming or the use of the color pink by Owens-Corning to identify its fiberglass insulation products

By obtaining a federal registration, a trademark owner may deter a second comer from adopting a similar mark.
The registration effectively serves to preserve and promote the value of the mark, and may also help the trademark owner to avoid expensive and time-consuming litigation.
Furthermore, the federal registration also adds a greater degree of credibility to the trademark owner’s use of the mark.
Namely, the official government stamp of approval symbolized by a registration offers a greater impression of legitimacy to competitors, courts, and juries alike, in the event of litigation.

The procedure for obtaining registration for a use-based application includes:
1. Filing a trademark application, including a statement of use and one specimen;
2. Examination of the trademark application by the U.S. Patent and Trademark Office (“USPTO”) to determine:
a. That the mark acts as a mark, or is capable of becoming a mark; and
b. That the mark does not conflict with any previously registered mark.
3. Publication for opposition as to mark found registrable by Examining Attorney;
4. Opposition period for persons who believe they would be damaged by the registration to oppose or file an extension of time to oppose; and
5. Issuance of registration – about two to four months after close of opposition period.

The terms of patent protection vary from country to country and with the type of patent.
In the United States, a utility patent generally is valid for 20 years as measured from the date of the filing of the application – not from the date the patent was granted.
A U.S. design patent has a term of 14 years from the date of the grant for applications filed.

There are two important components of maintaining patent protection.

The first is routine; U.S. patent holders are required to pay maintenance fees to the U.S. government to maintain patent validity. These fees must be paid at 3.5 years, 7.5 years and 11.5 years after the patent is issued.
The second part of maintaining patent protection is to enforce your rights to stop infringement. If infringement is permitted to occur without litigation or other enforcement action to stop it, the value of a patent erodes. Attorney David can help assist with your enforcement of any intellectual property you may have.

It depends on the complexity and the technology. Attorney David, would be able to provide you a more transparent and direct quote after you initial consultation.

For an invention to be “patentable”, it must be useful, novel and nonobvious. To find out if there are prior art disclosures or patents, we typically conduct a prior art search either in-house or through services that focus on such searching.

The average prosecution of a patent application from filing to allowance or abandonment is on the order of 2-3 years. Business method and computer related applications tend to take a lot longer. There are various ways to expedite prosecution of an application by paying increased fees and by doing additional steps before filing.

A patent protects new and nonobvious inventions whereas trademarks protect branding associated with goods or services.

A trademark is a source identifier. It can include any word, name, symbol, 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.
Trademarks can consist of a variety of words and symbols. For example, trademarks can include the following:
• A design – such as the NIKE swoosh
• A product shape – such as the shape of the COCA-COLA bottle
• A number – such as 311 covering entertainment services provided by a popular music group
• A slogan – such as JUST DO IT associated with NIKE product lines
• A sound, color, or smell – such as the NBC chimes associated with NBC radio and television programming or the use of the color pink by Owens-Corning to identify its fiberglass insulation products

By obtaining a federal registration, a trademark owner may deter a second comer from adopting a similar mark.
The registration effectively serves to preserve and promote the value of the mark, and may also help the trademark owner to avoid expensive and time-consuming litigation.
Furthermore, the federal registration also adds a greater degree of credibility to the trademark owner’s use of the mark.
Namely, the official government stamp of approval symbolized by a registration offers a greater impression of legitimacy to competitors, courts, and juries alike, in the event of litigation.

The procedure for obtaining registration for a use-based application includes:
1. Filing a trademark application, including a statement of use and one specimen;
2. Examination of the trademark application by the U.S. Patent and Trademark Office (“USPTO”) to determine:
a. That the mark acts as a mark, or is capable of becoming a mark; and
b. That the mark does not conflict with any previously registered mark.
3. Publication for opposition as to mark found registrable by Examining Attorney;
4. Opposition period for persons who believe they would be damaged by the registration to oppose or file an extension of time to oppose; and
5. Issuance of registration – about two to four months after close of opposition period.

The terms of patent protection vary from country to country and with the type of patent.
In the United States, a utility patent generally is valid for 20 years as measured from the date of the filing of the application – not from the date the patent was granted.
A U.S. design patent has a term of 14 years from the date of the grant for applications filed.

There are two important components of maintaining patent protection.
The first is routine; U.S. patent holders are required to pay maintenance fees to the U.S. government to maintain patent validity. These fees must be paid at 3.5 years, 7.5 years and 11.5 years after the patent is issued.
The second part of maintaining patent protection is to enforce your rights to stop infringement. If infringement is permitted to occur without litigation or other enforcement action to stop it, the value of a patent erodes. Attorney David can help assist with your enforcement of any intellectual property you may have.