Much like a continuation patent application, a divisional patent application is a patent application that includes the same disclosure as the parent application and claims priority to the parent application. The difference between the applications is that a divisional application includes claims from the parent application that a patent examiner indicated were different enough from […]
Comprehensive Clearance Search
Even if the preliminary screening search does not reveal any potentially conflicting uses, it should not be relied upon to conclude that the selected trademarks could be adopted and used. A comprehensive clearance search and opinion process will provide a realistic assessment of possible obstacles to adoption of a trademark, based on a […]
There are many different strategies for filing and maintaining your patents in the United States. Each strategy depends on your particular industry, your competition, your company’s purpose for getting the patents, and how actively you will be enforcing the patents. Here are three quick summaries of strategic considerations to consider with each of your patents […]
4. Advanced Patent Strategies
Filing for and obtaining a patent is a good step toward increasing the value of a company’s ideas and technology. Getting a patent alone, however, without meaningful business and intellectual asset strategies, leaves a lot of the idea’s true value unrealized. The unrealized value may be captured by other companies, or may […]
Contrary to some rumors and what many would like, there is not an “International Patent” that gives worldwide protection. If someone is promising you an International Patent, make sure to ask better questions to see what they’re really selling. In fact, there are not even patents that cover multiple countries. Each country has its own […]
Benefits of Federal Trademark Registration
Once your trademark attorney has completed a comprehensive search and counseled you on the best choices, then you can ask him/her to file trademark applications for you. Unless properly and thoroughly trained, having an experienced trademark attorney prepare, file, and prosecute your trademark applications can be well worth the fees. Skilled […]
Design Patent Application Benefits: Can give you “Patent Pending” status quickly and even “Issued Patent” status with less cost than a utility patent application and can protect the look of the product.
Design Patent Application Risk: Because a design patent only protects the look of the product and not its function, a design patent generally works […]
When beginning to use a trademark, both before and after filing a registration application, a first concern is to ensure proper trademark use on all labeling and in literature and advertising to preserve your rights. You should include your mark, identified with the proper “TM” symbol (or ® symbol after registration), everywhere the trademark […]
For each of design patent applications and utility patent applications, there are three types of applications and one procedure that should be discussed; namely, Continuation, Divisional, Continuation-in-part, and Request for Continued Examination (“RCE”). Each of these may be filed when and claim priority to any currently pending patent application (a “parent application”). The resulting “child” […]
Benefits of State Trademark Registration
States register marks for use within their borders. If a mark is not used in interstate commerce or has been held to be unregistrable federally, a state registration is the only other registration option.
However, too few companies appreciate that those who register locally will lose to prior federal registrants or even […]