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The Patenting Process

 
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The Patenting Process

When should I apply for a patent?

Even before finalizing your invention you should seek an intellectual property attorney and apply for a patent. But if you have finalized your invention you should file either provisional or utility patent application as soon as possible.

What is a 'provisional patent application'?

A provisional patent application is an application they file at US patent office and it secures your right for a period of one year. You must file a regular utility patent application prior to the expiration of one year from you original patent filing date.

What is a 'utility patent'?

A utility patent application is pretty much the regular patent application that you hear about. A utility patent protects inventions, and primarily it protects the functionality of the invention, the way it works.

What is a 'design patent'?

A design patent protects the ornamental quality or the aesthetics of something, as opposed to a utility patent application which protects the functionality, the way it works.

If someone helps me with my invention, do I have to add them to the patent application?

If you have friends that have contributed to your idea, the question is whether or not you are going to list them as a co-inventor in your patent application. It really depends on the circumstances and the totality of the circumstances actually. If they contributed significantly and they contributed in a way that was meaningful to the actual invention, then yes, you have to make them co-inventor in your patent application. In fact, if you do not make them co-inventor, the patent application could be nullified and could be deemed as fraud in the eyes of the patent trademark office.

What is the distinction between the inventor and owner of an invention?

On a patent application you will see two listings for people associated with a patent, one is the inventors. The inventor's name, whoever thought of the idea or created the idea will always be listed on a patent application. Ownership of the actual patent may vary though, and can be changed throughout the life of the patent and that's typically deemed to be the assignee. You can assign the patent to someone else, an individual, or a company and they can retain ownership rights of the patent.

What rights do I have to an invention that is conceived while I am employed?

If you thought of an idea while you were working within the scope of an employer, the employer may own the rights to your invention. There's a series of elements to determine whether or not you're the owner, or whether the employer's the owner. Generally, if you thought of the idea while working for the employer at his premises while he's paying you and you are using his materials, and there are a few other elements as well, the application can be deemed his. However, if you thought of the idea on your own at home using your own money, there's an argument to be made that it's your own idea.

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  1. When should I apply for a patent?
  2. What is a 'provisional patent application'?
  3. What is a 'utility patent'?
  4. What is a 'design patent'?
  5. If someone helps me with my invention, do I have to add them to the patent application?
  6. What is the distinction between the inventor and owner of an invention?
  7. What rights do I have to an invention that is conceived while I am employed?

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  • When should I apply for a patent?
  • What is a 'provisional patent application'?
  • What is a 'utility patent'?
  • What is a 'design patent'?
  • If someone helps me with my invention, do I have to add them to the patent application?
  • What is the distinction between the inventor and owner of an invention?
  • What rights do I have to an invention that is conceived while I am employed?
more ...
Patent Law
 Intellectual Property Law Basics
  1. Michael Cohen
  2. What is 'intellectual property'? 
  3. What is a 'patent'? 
  4. What is a 'copyright'? 
  5. What is a 'trademark'? 
  6. What is a 'service mark'? 
  7. What is a 'trade secret'? 
  8. How can I protect my intellectual property rights? 
  9. Where do I go to protect my intellectual property rights? 
  10. What is a 'registered patent attorney'? 
  11. If I have an intellectual property matter, do I have to use a registered patent attorney? 
 Patent Law Basics
  1. Michael Cohen
  2. Who issues patents? 
  3. Who can acquire a patent? 
  4. What kinds of inventions can be patented? 
  5. How long does a patent last? 
  6. Can a great idea or concept be patented? 
  7. Can I obtain a copy of a specific patent? 
  8. Can I obtain a patent on an exisiting idea or concept? 
  9. Can someone obtain copies of my pending patent application? 
  10. What can I do if someone tries to violate my patent? 
  11. What is meant by the phrase 'patent pending'? 
  12. Can the legal rights to a patent be bought and sold? 
  13. What is a 'provisional patent'? 
The Patenting Process (Now Playing)
  1. Michael Cohen
 Preparing To File A Patent
  1. Michael Cohen
  2. What should I do before applying for a patent? 
  3. Why should I conduct a 'patent search'? 
  4. Who can conduct a patent search? 
  5. What is a 'notice of allowance'? 
  6. What should I do after I have been granted a patent? 
 International Patents
  1. Michael Cohen
  2. Does my US patent protect me in other countries as well? 
  3. Are the processes and standards for obtaining a patent different in foreign countries? 
 Copyright Basics
  1. Michael Cohen
  2. What is a 'copyright'? 
  3. Do I have to apply for a copyright to retain ownership of the work I create? 
  4. What is the process for registering a copyright? 
  5. What rights are established by a copyright? 
  6. Can I copyright all of my great ideas? 
  7. How long does a copyright last? 
  8. What is a 'fair use limitation'? 
  9. Can teachers distribute photocopied materials at school? 
  10. Can original computer software be protected by copyright and patent? 
  11. What is the 'Digital Millennium Copyright Act'? 
 Untangling Ownership Issues
  1. Michael Cohen
  2. What is a 'work for hire'? 
  3. What kinds of work qualify as 'work for hire'? 
  4. Do authors need to get copyrights for the material they write? 
  5. If my work is copyrighted when created, why do I have to register the copyright? 
  6. How does a copyright protect books from copyright infringement? 
  7. What action can I take if I feel someone has violated a copyright I hold? 
  8. What remedies are available to me if my copyright is violated? 
  9. What public services does the Copyright Office offer? 
 Trademark Basics
  1. Michael Cohen
  2. What are the different types of marks that can be registered with the federal government? 
  3. What is a 'general trademark'? 
  4. What is a 'composite trademark'? 
  5. What is a 'design trademark'? 
  6. What is a 'service trademark'? 
  7. How can I adopt a name for use as a trademark? 
  8. What is a 'common law trademark'? 
  9. What is a 'federal trademark'? 
  10. What is an 'availability search'? 
  11. Is it necessary to conduct an 'availability search'? 
  12. What happens when I apply for a trademark registration? 
  13. What are 'trademark markings'? 
  14. What is a registered trademark's 'scope of protection'? 
 Trademark Issues
  1. Michael Cohen
  2. Are there certain designs that are not eligible for registration as trademarks? 
  3. Are there certain words that are not eligible for registration as trademarks? 
  4. What are 'descriptive' or 'generic' trademarks? 
  5. What can I do about trademark infringement? 
  6. How are the damages for trademark infringement determined? 
 Trade Secret Basics
  1. Michael Cohen
  2. What are 'trade secrets'? 
  3. Does the federal government recognize trade secret protection at all? 
  4. How do I mark something 'trade secret'? 
  5. How do I decide whether to patent something or to keep it as a trade secret? 
  6. How do I protect a trade secret? 
  7. What is a 'non-disclosure agreement'? 
  8. Can trade secret rights be transferred to another party? 
 Applying For A Patent
  1. Michael Cohen
  2. How should I prepare for the patent application process? 
  3. How do I apply for a patent? 
  4. How much does it cost to obtain a patent? 
  5. How long does it take to obtain a patent? 
  6. What are some advantages of applying for a patent? 
  7. What are some disadvantages of applying for a patent? 

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