USA
Patent/IP in USA
USA Business Experts
USA related forum posts
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Overseas Business Partnership with LLC
Hi All, My name is Gavin, im a UK Citizen and i've just finished development on a very successful software application, A USA Citizen is interested in buying into my company and forming the business as a USA Entity, The third party already owns a VERY large company. We have already decided on an LLC as the companies &quot
Total Posts: 1 Last post by glow1987
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Which state to conquer first?
The USA is such a big country. Which is the first state to trade with for maximum impact?
Total Posts: 2 Last post by startanamericancompany
Intellectual Property
For a list of Patent Attorneys, please click on the 'Patent Attorneys in the United States' tab located above.
Intellectual Property, or IP, as it is colloquially called, is characterised as legal protection for commercially precious products of human intellect. There are, generally, three forms of IP: patents, copyrights and trademarks. Although these articles are similar many some ways, they each have individual idiosyncrasies and definitions which make them unique. Perhaps most importantly, there is no physicality to intellectual property. If effectively safeguards an intangible idea or process.
Patents
Generally speaking, patents are granted to inventors for inventions. These can include anything from machinery, tools, processes, chemicals, biotechnology, software, etc.
To qualify for a patent, an inventor must invariably create something that is:
- Of patentable matter
- Unique to patentee
- Merited and can be utilised
- Innovative
- Non-obvious
Under a patent, the patentee reserves the right stop or limit others from utilising and trading the invention. Without explicit permission from the patentee, persons using the patent in any of these ways are infringing and persons doing so could be subject to legal action.
To obtain a patent, an application needs to be filed with the US Patent & Trademark Office (PTO).
The US is among more than 40 countries that subscribe to the Patent Cooperation Treaty (PCT), a treaty designed to ease the procedures for filing patent applications, therefore lessening the expense associated with such filings. Similarly, under the European Patent Convention (EPC), simplified filing procedures are available.
Trademarks
Trademarks are used to denote epithets, logos, symbols, slogans, etc, that are individual to a business and product. Fundamentally, the things that distinguish your product or service from a competitor's. Businesses understandably go to endless lengths to have control over their trademarks. Therefore, any persons found infringing upon them through unlawful use could be subject to legal action.
Famous examples of trademarks are Coca Cola and McDonald's.
In the US, trademarks are granted on a first-come-first-served basis. You do not need to go through the procedure of registration to own exclusive rights to a trademark. Federal trademark rights can be enjoyed for an unlimited period providing the trademark remains active.
Copyright
Copyright gives someone to sell and reproduce a protected product, which is invariably printed work. Things like books, magazines, websites, photographs, music, film and art are common examples of copyrighted work. Copyright denotes five rights of the author, artist, etc: reproduction, distribution, adaptation, performance and display. Use of such materials or works without the explicit permission of the copyright holder is classed as infringement.
Registration OfficeUnited States Patent & Trademarks Office
P.O. Box 15667
Arlington
VA
22215
USA Tel: +1 571 272 1000
Website: www.uspto.gov
Organisations that can assist with Patent/IP
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> MIGU Trade Mark
Helping businesses protect their IP rights, trade mark, designs etc.
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> Lerner, David, Littenberg, Krumholz & Mentlik, LLP
Boutique Intellectual Property Law Firm
