In order to properly use any tool you need to know what it does. You should know its strengths and weaknesses. The same holds true for Intellectual Property, namely, Patents, Trademarks and Copyrights. By knowing their differences, you can employ these tools to fashion the most suitable IP portfolio for your business or ideas.
In order to properly use any tool you need to know what it does. You should know its strengths and weaknesses. The same holds true for Intellectual Property, namely, Patents, Trademarks and Copyrights. By knowing their differences, you can employ these tools to fashion the most suitable IP portfolio for your business or ideas.
When it comes to value, patents remain the gold standard. The fact that patents are based upon strict liability as it relates to infringement makes their value substantially higher than their IP counterparts. Moreover, if drafted carefully and with diligent foresight, patents can be used to limit reverse engineering of competitors. However, on balance, patents are hindered by a relatively short term of 20 years for utility patents and 14 years for design patents.
Along similar lines, Trademarks do not suffer from short terms of enforcement. Theoretically, Trademarks may be enforceable forever so long as they are used continuously as proper source identifiers. For example, the trademark NESTLE'S EAGLE BRAND, based in Hong Kong harkens back to 1874. This trademark is used in conjunction with condensed milk. Unfortunately, Trademarks are weakened by various fair use exceptions and other concerns to the inherent strength or weaknesses that may inhere with the mark where the mark may be too descriptive of the product or service to which it is associated.
As with Trademarks, Copyrights are granted a relatively long term of protection. Copyright terms commence from the time of creation plus the life of the author, plus an additional 70 years after the death of that author. Of course, as with Trademarks, Copyrights are circumscribed by fair use exceptions. And, in the case of software source code and object code, reverse engineering can become an issue. Remember, Copyright law protects the expression of ideas as opposed to the underlying ideas and concepts themselves. For more advice concerning Intellectual Property, please visit the Los Angeles Patent Attorney.
Los Angeles Business Attorney
The real meaning of the term patent pending.
The term patent pending basically means that your rights commence from your filing date all the way through the time leading up to your eventual acceptance letter from the USPTO.
Why you need to think long and hard about filing provisional patent applications.
It used to be the case that filing provisional applications was the way to go. Oftentimes, these Provisional patent applications were drafted by the applicant, and then express mailed on over to the Patent Office. Through the process, the applicant would save on attorney’s fees and attorney’s fees. Unfortunately, past rules changes have altered provisional patent practice which brings the routine into sharper focus and consternation.
