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.
