• Utility Patent -> 20 years after filing
    • Provisional Patent -> not reviewed, locks you into first to file

  • Design Patent -> 14 years

  • Copyright -> automatically when you make a permanent work. Life of author +70 years 95 years from publication if no author

  • Trade Secret

Trademark

  • word, symbol, logo, design, slogan -> in the context of the trademark
  • Valid for the amount of time that the trademark is used. If the trademark becomes standard use, the trademark is lost.
  • Litigation based on likelihood of conclusion, exceptions for parody

Patent:

Right to exclude others form making, using, selling, offering for sale or importing invention Must disclose enough to allow replication in whole of invention

  • Types of Applications:
    • Provisional:
      • locks you into first to file
      • doesn’t give patent rights
      • Micro Organization (no corporation <3 prior fillings): $65
    • Non-Provisional:
      • commonly called “utility application”
      • can claim priority to prior US utility or provisional applications
      • maintenance fees at 3,6, and 11 years
      • Can have PLT patent <- plant that can be asexually reproduced
    • Design Patent Application:
      • 1 claim -> drawing
      • 14 years from issue
      • no maintenance fee
      • no provisional application
    • PCT (Patent Cooperation Treaty):
      • gives opinion on patent ability
      • if it comes back as go, then you can choose to send to any number of 140+ countries, often with discounted fees for those countries
  • What is patentable:
    • method of making
    • improvement thereof
    • machine
    • process
    • manufacture -> the thing which is made
    • composition of matter -> a composition of substances or composite article
  • What is not:
    • laws of nature, natural phenomena, abstract ideas
  • Review Process:
    • Examiner can pass through or reject, must provide evidence for rejection
    • applicant can argue or amend
    • can go back and forth twice, then added cost
  • Claims are all that matter
    • first claim is the broadest they could hope for
    • last claim is highly specific
    • a bunch in between
    • each claim is considered independently
    • Anatomy:
      • preamble or introduction
      • transitional:
        • comprising (open)
        • consisting essentially of (excludes other things)

  • You cannot add new matter, only amend existing matter

  • If you want international stuff file something prior to public disclosure

  • if you only want US stuff, you have one year post public disclosure to file

  • provisional
  • track one
  • attorney (sometimes pro bono)