Chapter 1: Introduction to Intellectual Property Law

What is the filing fee for a trademark?

$325 per mark per class of good or services covered by the mark if the application is filed electronically

Filing Fee (How much?)

$35 for applications filed electronically

Three Distinct Types of Property

1. Real Property 2. Personal Property 3. Intellectual Property

What does Intellectual Property Law Include? (four fields of law)

1. Trademarks 2. Copyright 3. Patents 4. Trade Secrets

3 types of patents

1. Utility 2. Design 3. Plant

How long is a trademark registration valid for

10 Years

How long does it take to get a trademark registered?

10 to 24 months or even longer

How long does Design Patent protection last?

14 years from the date of grant for design patents

What law protects copyrights?

17 U.S.C

How long does Utility and Plant Patent protection last?

20 years from the date of filing an application for patent protection

What law protects Patents?

35 U.S.C.

Copyright

A form of protection granted to the authors of original works, including literary, dramatic, musical, artistic, ect. Books, songs, plays, jewelry, movies, sculptures, paintings, and choreographic works are all protectable Copyright also covers marketing material, advertising copy, and cartoons

What is a Trademarks/Service Marks?

A word, name, symbol, or device used to indicate the source, quality, and ownership of a product or service

How long does copyright protection last?

Are automatically protected from the moment of creation. Generally lasts the author's life plus an additional 70 years.

What can be protected under patent law?

Available only for useful, novel and non-obvious inventions Generally cannot patent something that is merely an insignificant addition or minor alteration of something already known

Plant Patent

Covers new and distinct asexually reproduced plant varieties (such as hybrid flowers or trees)

Design Patent

Covers new, original, and ornamental designs for articles such as furniture

How long does it take to secure a patent?

Generally, it takes the USPTO three (3) years to issue a patent

Patent

Grant from the US government that permits the owner to prevent others from making, using, importing, or selling an invention

What does a Trademark/Service Mark do?

Identifies and distinguishes the products and services of one person from those of another

How long does the registration process take?

In most cases the copyright office processes electronically filed applications in about three months

What law protects Trademarks?

Interstate use of trademarks is governed by federal law. The U.S. Trademark act (Lanham Act)

What happens when patents expire?

Invention falls into public domain and may be used by any person without permission.

What is the process of obtaining a patent?

Inventor must file an application with the USPTO (Same agency that issues trademarks)

Real Property

Refers to land or real estate

Personal Property

Refers to specific items and things that can be identified, such as jewelry, car, artwork, etc.

Intellectual Properts

Refers to the fruit and products of human creativity, including literature, advertising, slogans, sons, or new inventions

What happens once copyright protection lapses?

The work falls into the public domain and may be reproduced, distributed, or preformed by anyone.

What is not protected by copyrights?

Titles, names, short phrases, or list of ingredients. Ideas methods, and processes (however you can express these ideas)

Why protect intellectual property?

To protect the knowledge created through human effort in order to stimulate and promote further creativity

What is the most visible item on intellectual property?

Trademarks

Can a trademark be renewed after 10 years?

Yes, may be renewed for additional 10-year periods as long as the mark is in use in interstate commerce

Trade Secret

any valuable business information that, if known by a competitor, would afford the competition some benefit or advantage

How popular are trademarks?

average US resident encounters 1.500 different trademarks a day. 30,000 if one visits the supermarket

Utility Patent

most common type of patent that covers useful inventions, such as typewriter, automobile, etc...

What rights does the owner of a copyright have?

the right to reproduce the work, prepare derivative works based on the original, distribute copies of the work, and to preform or display the work.