If a person today creates an intellectual, creative or artistic work, the form of that work is automatically protected by Federal Copyright law (Title 17 of the U.S. Code). Copyright protection does not extend to the underlying ideas or information, but simply to the form in which they are presented. As of 1989, Copyright protection…
The term ‘Trade Dress’ refers to the overall aesthetic, visual design of your product or even your brand as a whole. This is all about a unique look that consumers associate exclusively with your brand or product and no else’s. Trade Dress can include one or more of the following: Colors or color combinations Visual…
To begin the analysis, we must first answer the following: Is the “invention” something that exists already and you are applying it to an existing product to improve the existing product’s performance? OR Is the “invention” unique and you are applying it to the existing product to improve the product’s performance? Does the “invention” have…
I usually get asked the question: If I rush to convert my provisional to a non-provisional patent filing, does that reduce the risk of someone having a third party receiving a patent on the same subject matter? Typically, there is NO rush in filing the non-provisional utility patent application once you’ve already secured a provisional…
A provisional patent application filing receipt indicates that the USPTO has granted you a patent priority date. The patent priority date is the same day as your patent filing date in the case of a provisional patent application filing. From this date forward, you have 12 months to file a non-provisional patent application claiming priority…
A provisional patent application is a 12-month place-holder for a utility patent. The USPTO allows you to label your invention as Patent-Pending during this 12 month period. If a utility patent is not filed within the 12-month period, your spot in line is lost! Once the utility patent is filed, your utility patent filing claims…
I’ve added additional details to my invention/idea but I’ve already filed for patent. Can I modify my patent application after I’ve already filed it? A very common question indeed. The break down is quite easy to understand when following this logic: ADDING NEW SUBJECT MATTER Any Patent-Pending Application, whether it is Provisional or Non-Provisional, cannot…
A question I get asked rather often – what does International Patent Protection mean? Then, after I recommend the filing of an international patent application (known as a PCT application, but will get to that later), my clients frequently ask: “wait, I have to file for an international patent application and it’s not even a…
Intellectual Property Trends Korean IP Counsel and Founders Legal retained associates, Kim, Hong & Associates, provides insight on the latest Intellectual Property application trends, noting, “an increase in the number of applications is remarkable in the untact (which means contactless environment) industrial field.” The firm continues, “While a negative economic growth in the worldwide major…
China’s Supreme People’s Court formally amended and published five judicial interpretations related to intellectual property rights.
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