Patents FAQ
How do copyrights, trademarks,
patents and trade secrets differ?
There are four separate and distinct forms
of Intellectual Property:
- Copyright
- Protects original works of expression, such as fine
arts, writing, music, photography and cinema by preventing
people from copying or commercially exploiting these
works without the permission of the copyright holder.
- Copyrights laws do not protect names, titles or
short phrases (Trademarks)
- Copyrights obtained through the United
States Copyright Office (http://www.loc.gov/copyright/)
- Trademarks
- Trademarks protect distinctive words, phrases, logos,
symbols, slogans and any other devices used to identify
and distinguish products or services in the marketplace
- Trademarks obtained through the United
States Patent and Trademark office (http://www.uspto.gov)
- Trade Secrets
- Any formula, pattern, physical device, idea, process,compilation
of information or other information that both provides
the owner of the information with a competitive advantage
in the marketplace, and is treated in a way that can
reasonably be expected to prevent the public or competitors
from learning about it, absent improper acquisition
or theft.
- Commonly used with food and beverage products.
- Do-it-yourself- Trade secret protection lasts for
as long as the secret is kept confidential.
- Patents
- Patents protect an invention. Inventions include
any new and useful process, machine, manufacture,
or composition of matter, or any new and useful improvement
on any of the above.
- Patents must be new, useful and nonobvious.
- Patents can be obtained from the United
States Patent and Trademark office (http://www.uspto.gov)
What are the basic types of patents?
- Design
- Issued for a new, original and ornamental design
- Term is 14 years
- Utility
- Issued for the invention of a new and useful process,
machine, manufacture, or composition of matter, or
a new and useful improvement.
- Approximately 90% of all patents in this category
- Term is 20 years.
- Plant
- Issued for a new and distinct, invented or discovered
asexually reproduced plant.
- Term is 20 years
What can be patented?
In order for an invention to be patented, it must be
new, useful and nonobvious. New means that the
invention must not have ever been patented before, even
if the patent has expired. Useful means that the
patent must do what it claims to do, and that this must
be possible. For example, you may not patent a perpetual
motion machine. Nonobvious means that the invention
should not be something that anyone could just figure
out on their own.
How do I apply for a patent?
From MIT's web site "How to apply for a patent"
"Patent law is highly complex and drafting patents
is among the most difficult of all legal writing. That's
why experts caution that preparing and filing patent applications
on your own may result in patents that don't give adequate
protection. Hiring an attorney can save you grief and
money in the long run; patent attorneys in some cases
also can provide guidance in licensing and marketing.
You can, however, cut your expenses by drafting the patent
application yourself and having the attorney proof your
final application."
"A patent application - granted only to the true inventor,
not investors - usually includes an abstract; one or more
drawings; specifications - including the invention's name,
background, purpose, and advantages; brief descriptions
of the drawings; a narrative description of the invention;
an explanation of how the invention works, and claims
defining the invention and differentiating it from similar
products."
"It will likely take up to a year or more for the
PTO to respond to your application and a year-and-a-half
to three years for a final patent grant or rejection."
From "http://web.mit.edu/invent/h-chapters/h-six.html"-
retrieved 11.15.05
What is a provisional patent
and when might I want to obtain one?
From USPTO web site (http://www.uspto.gov/web/offices/pac/provapp.htm) -
"(Filing a provisional patent application)... allows
filing without a formal patent claim, oath or declaration,
or any information disclosure (prior art) statement. It
provides the means to establish an early effective filing
date in a non-provisional patent application filed under
35 U.S.C. §111(a). It also allows the term "Patent
Pending" to be applied.
A provisional application for patent (provisional application)
has a pendency lasting 12 months from the date the provisional
application is filed. The 12-month pendency period cannot
be extended. Therefore, an applicant who files a provisional
application must file a corresponding non-provisional
application for patent (non-provisional application) during
the 12-month pendency period of the provisional application
in order to benefit from the earlier filing of the provisional
application. In accordance with 35 U.S.C. §119(e),
the corresponding non-provisional application must contain
or be amended to contain a specific reference to the provisional
application."
In other words, you might wish to consider submitting
a provisional patent application, as it allows the term
"Patent Pending" to be applied to the invention
for one year, and is less expensive than a conventional
patent. Just remember that since it a provisional patent
expires after one year, the preliminary application must
be replaced with a conventional patent application within
a year.
How can I search for patents?
This web site has patent searching resources and tutorials
available at http://www.lib.ncsu.edu/ptdl/patents/searching.html
I live a fair distance from NC
State, but farther from UNC, Charlotte, which is the only other Patent and Trademark depository
library in North Carolina. Can I search from home, or do
I need to come into the library?
See this page on opportunites for
distant patrons. Depending on your question, it may
be possible for you to avoid a long drive.
How much does it cost to obtain a
patent?
Check the USPTO
current fee schedule.
Can the Libraries give
me legal advice or help work on my search?
The Libraries can show you how to use patent search tools, and assist you with
our collections. We are, however, not allowed, and not
qualified to offer legal advice or do any part of your search for you. USPTO maintains a list of certified attorneys and agents at their web site.
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