Transcript Intellectual Property

Peter D. Aufrichtig, Esq.
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Intellectual Property clients look and sound
like all other clients
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Functional
Ornamental
Commercial
Artistic
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Patents on inventions
Trademarks on branding
Copyrights on music, videos, writings,
sculpture and other forms of expression
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is a grant of a property right to the inventor
US Patents are issued by the U.S. Patent and
Trademark Office
US Patents are effective only within the United
States, U.S. territories, and U.S. possessions
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Any new and useful
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machine
process
article
composition of matter
Or any new or useful improvement thereof
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An Invention
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Useful
Novel
Non-Obvious
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Utility patent application
Provisional patent application
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Pros
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Relatively Inexpensive
Faster
Don’t have to meet formal filing requirements
Get a “patent pending”
Secrecy
Protects ability to file in US utility patent and
foreign applications for one year
Cons
◦ Cannot sue for infringement until utility patent
application filed and issued
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Formal requirements
Examination
Prosecution
Issue patent
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Word
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Name
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Symbol
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Used in trade with goods or services to indicate
the source and to distinguish them from the
goods of others
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Distinctive
Non-Descriptive
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2 stages
◦ Quick knockout search through PTO website
◦ Thorough 2nd level search
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If search is cleared, move on to registration
Intent to use Trademark application is filed
Once mark is used in commerce, registration
can be obtained if it receives reg. approval
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Trademarks prevent others from using a
confusingly similar mark on similar goods.
Do not prevent others from making the same
goods or from selling the same goods or
services under a different mark.
Trademarks generally do not prevent others
from using the same mark for different goods
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a form of protection provided to authors of
“original works of authorship” as they are
fixed in any tangible medium of expression
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The copyright protects
the expression of an
idea rather than the idea
itself
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literary works
musical and dramatic works
pictorial, graphical, and sculptural works
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motion pictures and other audiovisual works
sound recordings
computer software
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reproduce the work in copies
prepare derivative works based upon the
work;
distribute copies of the work to the public by
sale or other commercial transfer
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perform the work publicly
display the work publicly
in the case of sound recordings, to perform
the work publicly by means of a digital audio
transmission
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Simple
Inexpensive
Not required for protection
Required for litigation
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Patent
◦ 20 years from
filing
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Trademark
◦ As long as it’s
used
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Copyright
◦ A very, very long
time