FAQ

Patent

What is a patent?
A patent is a legal right granted by the government that gives an inventor the exclusive right to make, use, sell, or license an invention for a limited period of time.

– Utility patents (protect functional inventions)
– Design patents (protect ornamental designs)
– Plant patents (protect new plant varieties)

Patent protection provides:
– Exclusive rights to your invention
– Ability to prevent others from making, using, or selling your invention
– Increased business valuation and investment potential
– Licensing or sale opportunities

– Utility patents: 20 years from filing date
– Design patents: 15 years from issuance
– Plant patents: 20 years from filing date

Without a patent, others may freely use, sell, or copy your invention. Trade secret protection may apply, but it requires maintaining strict confidentiality.

– Abstract ideas, natural phenomena, and laws of nature
– Inventions that are not novel or are obvious
– Non-useful or immoral inventions

Patent infringement occurs when someone makes, uses, sells, or imports a patented invention without the patent owner’s authorization.

Patent owners are responsible for enforcing their rights, often through:
– Licensing negotiations
– Cease-and-desist letters
– Federal court litigation

Yes. Patents are assets that can be sold, assigned, or licensed, generating revenue and enabling collaborations.

– Provisional applications: establish an early filing date but do not mature into a patent unless followed by a non-provisional application.
– Non-provisional applications: undergo USPTO examination and can result in a granted patent.

Trademark

What is a trademark?
A trademark is a word, phrase, symbol, design, or a combination thereof that identifies and distinguishes the source of goods or services. Trademarks help consumers recognize and associate products or services with a specific business.

– Brand names (e.g., company or product names)
– Logos and symbols
– Slogans and taglines
– Certain colors, sounds, or product packaging (trade dress), if distinctive

– Generic terms (e.g., “computer” for computers)
– Descriptive terms without acquired distinctiveness
– Deceptive or misleading marks
– Marks that are confusingly similar to existing registered marks

Federal registration with the U.S. Patent and Trademark Office (USPTO) provides:
– Nationwide legal protection and presumption of ownership
– Ability to use ® symbol
– Right to bring trademark infringement lawsuits in federal court
– Potential to block counterfeit goods through U.S. Customs
– Enhanced value for licensing or sale of the brand

Yes. Common law rights arise from actual use of a mark in commerce. However, these rights are limited geographically and do not provide the same benefits as federal registration.

Indefinitely, so long as the mark is actively used in commerce and the owner files the required maintenance documents with the USPTO (at regular intervals after registration).

Trademark owners must:
– Continue to use the mark in commerce
– File maintenance documents (e.g., Declarations of Use and Renewals) at set deadlines
– Monitor and enforce rights against infringement

Infringement occurs when another party uses a mark that is confusingly similar to a registered trademark in a way that may cause consumer confusion about the source of goods or services.

Trademark owners are responsible for policing their marks. Enforcement may involve:
– Sending cease-and-desist letters
– Negotiating settlements or licensing agreements
– Filing administrative actions or lawsuits

– ™ – Indicates a claim of rights in a trademark (used for goods, even if unregistered)
– ℠ – Indicates a claim of rights in a service mark (used for services, even if unregistered)
– ® – May only be used after federal registration is granted

Yes. Trademarks are valuable business assets that can be sold, assigned, or licensed, often as part of broader business transactions or brand expansions.

Trade Secret

What is a trade secret?

A trade secret is information that derives independent economic value from not being generally known or readily ascertainable, and is subject to reasonable efforts to maintain its secrecy.

– Formulas and recipes
– Manufacturing processes and techniques
– Customer lists and business strategies
– Software algorithms and source code
– Confidential research and development data

– Information that is publicly available or easily discovered
– General knowledge or skills an employee gains through experience
– Information disclosed without confidentiality protections

Trade secret protection can last indefinitely, as long as the information remains secret and the owner takes reasonable steps to protect it.

– Using confidentiality agreements (NDAs)
– Restricting access to sensitive information
– Implementing data security and physical safeguards
– Employee training and policies on confidentiality

Trade secret protection may be preferable when:
– The information cannot be easily reverse-engineered
– Long-term secrecy provides more value than a limited patent term
– The cost and disclosure of a patent are undesirable

Misappropriation occurs when a trade secret is acquired, disclosed, or used without consent through improper means, such as theft, bribery, misrepresentation, or breach of a duty to maintain secrecy.

Owners can enforce rights through:
– Civil lawsuits under state or federal trade secret laws
– Seeking injunctions to stop further use or disclosure
– Pursuing damages for economic harm caused by misappropriation

No. Unlike patents, trademarks, and copyrights, there is no government registration system for trade secrets. Protection arises from maintaining secrecy and enforcing rights against misappropriation.

Yes. Trade secrets may be transferred, sold, or licensed, provided the parties use agreements that preserve confidentiality and prevent unauthorized disclosure.