patent trademark office http://www.artwoo.com Returned search results for patent trademark office Copyright 2008 Mon, 01 Dec 2008 17:15:34 +0000 http://www.artwoo.com/rss/patent+trademark+office What Are Trademarks? http://www.artwoo.com/article/what-are-trademarks http://www.artwoo.com/article/what-are-trademarks#comments Thu, 15 Jun 2006 18:32:11 +0000 patent and trademarktrademark ownerunited states patent and trademarkunited states patent and trademark officeunregistered trademarkspatent and trademark officepatent office http://www.artwoo.com/article/what-are-trademarks
A is entitled to the exclusive use of the trademark in the product specifically intended to be identified by the trademark or to other related product which he owns.

The trademark user and owner can register his trademark with the . Any trademark can be registered for as long as it is not own by anyone and that the entity seeking its registration is already using or is planning to use the trademark in the future. However, are still protected under the common law as long as the owner can establish his use of the trademark.

A trademark can be a word or combination of words or symbols that differentiates a certain products from the others. Trademarks are different from patents and copyrights in the sense that a copyright is geared towards the protection of original works of art including music or literary works while a patent is geared towards the protection of an invention.

Why should individuals or companies register their trademarks if these are already protected by law even if they are unregistered? Registration of trademarks is encouraged because the fact of registration serves as legal and practical notice to the public that it is already being used and owned by another. The owner can also sue another entity in Federal Court, for using a registered trademark. Such registration can also be used as a basis for registering the same trademark in other countries.

Anyone can already use the trademarks sign "TM: or the service mark "SM" even if the marks have not yet been registered.

However, the Federal symbol of registration can only be used after the mark has been registered with the United States Office.

Registration of trademarks or service marks can be done through the internet. After submitting the form online, the registrant can expect an immediate reply or issuance of an initial receipt from the Trademark Office. Applications can also be delivered to the Trademark Office.

The registration process is actually easy and self explanatory that there is no need to hire a lawyer. You must however comply with all the requirements for registration for a quick processing of your application. The author is a regular contributor to http://www.trademarkthat.com where more information about business and trademarks is available. ]]> How to Register a Trademark - Use a Lawyer to Defend Your Trademark or Copyright http://www.artwoo.com/article/how-to-register-a-trademark-use-a-lawyer-to-defend-your-trademark-or-copyright http://www.artwoo.com/article/how-to-register-a-trademark-use-a-lawyer-to-defend-your-trademark-or-copyright#comments Wed, 29 Oct 2008 17:22:24 +0000 patent trademark officeunited states patent trademark officepatents and copyrightsunited states courtstudies backgroundintellectual property lawintellectual works http://www.artwoo.com/article/how-to-register-a-trademark-use-a-lawyer-to-defend-your-trademark-or-copyright intellectual works such as songs or writings while a trademark is used to cover industrial products. In order to get all this done, you will require the services of a lawyer. Whoever you decide to be your legal representative should be very qualified and have all the experience in . Your lawyer should also be able to defend you if there are any legal proceedings in relation to your trademark or copyright. He also has to prepare your file for the application of a patent or copyright and take care of all that is linked to the issuance of the copyright or trademark.

Your legal representative should be well educated on matters relating to . It will be of added benefit is he or she has a law and has gone through a law school with thorough studies in intellectual property law.

Why is it always required to employ the services of an agent? This is simply because your legal representative is that person who is qualified, has the time and knows all what it takes to get a trademark or copyright and have them registered. He or she will begin the procedure of registering your trademark or copyright from the U.S. Patent and Trademark Office or from the United States Patent and Trademark Office. Keep in mind that this bureau will take care of agents in the same manner as it will do to lawyers and this will be more feasible if the agent is a registered one.

When there is a violation to a trademark or a copyright, a complaint will be lodged at the of Appeals and this tribunal is found in the Federal Circuit. If the person who breaches the copyright or trademark is found guilty, there will be a pecuniary remedy or an injunction to stop a further breach of the acts. But the option of which remedy to use lies on the copyright or trademark holder. Your attorney should equally make this known to you. Not every copyright or trademark holder will have knowledge of this.

Where Can You Find A Lawyer For This Purpose?

A lot of means are open to you to let you find a lawyer. One of the most appropriate places to search for a lawyer should be the internet. When thinking of the internet, always think about United States Patent and Trademark Office's official website. This site can give you dependable information about available copyright and trademark lawyers.

Before making your selection, make sure that whoever you decide to be your attorney should have a good legal training. It is good that this proposed lawyer should have some accreditation from two or more bar associations. You should be lucky because there are about three thousand accredited copyright and trademark lawyers in the whole or the US and almost seven thousand two hundred acknowledged agents. These numbers are very active in providing some useful services to their clients at the United States Patent and Trademark Office. You should not rely on any name found in this site or from any journal. Your ultimate choice should be based on the experiences that your would-be lawyer possesses. Your can get to know these from feedbacks or recommendations of former clients. You can also meet and talk to your would-be lawyer and asks question to test if he or she has your interests at heart. When you have chosen your lawyer, you must work together with the lawyer in order to realize your dreams. Keep in mind that both of you have a common purpose and this is about getting your copyright or trademark registered.Discover how to trademark intellectual property and guide on finding property trademark attorney when you visit http://www.howtotrademarkcopyright.com, the top resource portal for how to trademark and copyright]]> How to Register a Trademark - Employing the Services of a Trademark Or Patent Lawyer http://www.artwoo.com/article/how-to-register-a-trademark-employing-the-services-of-a-trademark-or-patent-lawyer http://www.artwoo.com/article/how-to-register-a-trademark-employing-the-services-of-a-trademark-or-patent-lawyer#comments Mon, 08 Sep 2008 16:29:22 +0000 administrative hurdleslegal practitionerpatent officenecessary protectionregistration proceduresustenanceillegal activities http://www.artwoo.com/article/how-to-register-a-trademark-employing-the-services-of-a-trademark-or-patent-lawyer illegal activities of pirates. You should always think of protecting your innovation because this may be the to your whole life. Figures have shown that people have had enormous incomes from their inventions. The thoughts about what you intend to produce is one thing and bringing your thoughts into action is another thing. When it is certain that your thoughts have been transformed into reality, you will need to protect these from your opponents and this can be done by way of a patent or a trademark.

There is always importance attached to the holding of a trademark. The trademark should be part and parcel of your business and this is what is used to let your competitors and other businesses to tell that your product solely belongs to none other than you. Having a trademark is one thing and giving it protection is another thing. If you have a trademark but fail to give it the , then you cannot bring any action against all those who violate it. Thus, it is always good to take the benefit of every opportunity and protect your trademark.

At this moment, you should be well versed on what it takes to register a trade name for your business. What you should also know is that the procedure for doing this is cumbersome and certain may be on the way. For this reason, it is recommended that you employ the services of an expert or a to help you go through the process. But ahead of employing this expert, you should make sure he or she is proficient not only on the , but he or she can properly defend the inclusion or exclusion of any item in your file.

Your lawyer should be responsible for all the imminent hurdles at the . The burden to ensure that your file is complete without any errors rests on your lawyer. All what you need is a patent or a copyright. The rest should be left to your lawyer. He is best to handle them.

You must be aware of the financial implications of having a patent or copyright. There is usually official charges to these, plus what you agree to pay your lawyer. As a businessman, you should evaluate the whole process and see if it makes sense employing a lawyer to take you through the process. If you are certain that the burden of getting a patent or trademark will be bearable to you, you should make sure that your lawyer does not only have the expertise, but the experience to succeed in your application. The burden of maintaining this should rest on you; make sure you do some thorough investigation about your lawyer ahead of employing him or her. One of the best ways to check for this is to be used to your lawyer. It is always good to schedule several appointments with your lawyer. Pose some questions to him and see if you get at what you want. Always keep in mind that your aim is to succeed in what you intend to do and it will be an awesome drudgery if your fail.

Once you have employed a lawyer, you should cooperate with him in every positive manner. Keep in mind that both you and your lawyer have a common goal and this is seeing that you succeed in getting your trademark or patent.Discover more information on uspto trademark search as well as learning the ins and outs of trademark business name when you visit http://www.howtotrademarkcopyright.com, the internet premier resources on how to trademark and copyright]]> Before You Apply For A Patent Make Sure You Read The Following. http://www.artwoo.com/article/before-you-apply-for-a-patent-make-sure-you-read-the-following http://www.artwoo.com/article/before-you-apply-for-a-patent-make-sure-you-read-the-following#comments Fri, 18 Aug 2006 22:27:12 +0000 patent and trademarkpatent and trademark officeapply for a patentpatent informationreissue patentfederal patenttrademark depository library http://www.artwoo.com/article/before-you-apply-for-a-patent-make-sure-you-read-the-following
Surely no one has already come up with such a unique concept or product. Or have they?

Before you from the U.S. Office that is exactly what you'll need to find out.

The PTO is, as the source in the United States, also the storage facility for all in the country. In fact, it's here where you can find many patents from other parts of the globe as well. Here, therefore, is where you'll need to go to find out if you're really going where andquot;no one has gone before.andquot;

The U.S. PTO is housed in Alexandria VA and you're welcome to visit the facility and browse the files on active, retired and pending patents in person. Here you'll find all patents from 1790. While those awarded prior to 1920 are simply listed, without backup details, and those 1920-1970 offer a little more detail, any patent issued from 1971 to the present is available in its entirety - application and backup and process details included - on microfilm or disc.

For those who wish to search without a trip to the Virginia PTO office patent information is available online for post-1976 patents, or you can visit the nearest Patent and (PTDL). Rather than regional PTO offices, these are actual libraries - public, university or state-run - that have applied for, and been granted PTDL status. Since its 22-library inception in 1871 the PTDL system has grown to more than 80 facilities.

The informational details you'll be able to find on each patent, whether design, utility, plant or , will include statutory invention registrations, certificates of reexamination, and the current status of the patent subsequent to its issuance. You will also be given access to the patent and trademark sections of the Official Gazette of the U.S. as well as every PTO index, directory and tools for a patent search.

The U.S. PTO suggests that you use this seven-step process for your patent search:

(1) Start with the Index to the U.S. Patent Classification, which is divided alphabetically, offering a search by use, structure, end product and effect. You'll want to make note of any relevant classification and sub-classification numbers;

(2) Next go to the Manual of Classification and search out the noted classifications and sub-classifications;

(3) Read the Classifications Definitions publication, which will give you better clarity on whether the patents you've noted are closely aligned with your new concept;

(4) Peruse the Patent Titles and Abstracts, which will, with patents subsequent to 1920, offer more detail on each patent you've chosen to explore;

(5) Now access the Subclass Listing, which will display all patents from 1790, and even current applications not yet approved or finalized, that fall under the sub-classification you've determined may be similar to your new product;

(6) Next you'll go to the patents section of the Gazette and explore the summary of those patents shown in the subclass that you think are similar to yours;

(7) Your last step is to look at the details of those you think may be relevant. This is done through a perusal of the Complete Patent Document. Robert Michael is a writer for Juris Patents which is an excellent place to find patents links, resources and articles. For more information go to: http://www.jurispatents.com ]]> Pay Attention To Trademarks And Copyrights http://www.artwoo.com/article/pay-attention-to-trademarks-and-copyrights http://www.artwoo.com/article/pay-attention-to-trademarks-and-copyrights#comments Tue, 06 Jun 2006 06:32:02 +0000 coca cola companytrademarknamesregisterbusiness namepatent officewaste of money http://www.artwoo.com/article/pay-attention-to-trademarks-and-copyrights
What's in a Name?

Your name is one of the most important assets your business has -- it's how your customers identify you. Knowing your name is the first step to trusting you and recommending you to others. But what can you do if you're afraid that someone else might start using your name, or simply start another company with a similar enough name to confuse people?

The answer is that you can a . A trademark is a word or logo that distinguishes one thing from another, and you have the right to register any or logos your business uses, in order to stop other people from using them. Coca-Cola, for example, is a trademark of the Coca-Cola Company -- if I start selling my own drink and calling it 'Coca-Cola', or even something like 'Cocoa-Cooler', then they have grounds to sue me.

Making Your Mark.

You can trademark both your business' name as well as the names of any products you sell. The only condition is that they can't be too similar to names that someone has already trademarked, and you can't usually trademark words that are in common use.

It costs a few hundred dollars to register a trademark, and you can do it through the . It can be a to trademark too many words, so you should only bother with it if you think one of your names could be threatened by competitors.

Once you get your trademark, it's yours -- you can do whatever you want with it, including giving others permission to use it or selling it to them. Remember, though, that your trademark usually only applies in the country where you registered it -- you will not usually be protected from competition where foreign businesses are using your trademark. Also, your right to use the trademark will only last for a set number of years (usually a decade from the date of registration). After this time, you will have to pay again to renew it.

Don't Copy Me.

Copyrights are similar to trademarks in terms of the kind of protection they offer, but different in how they work. In almost all countries, ownership of copyright is automatic, and costs nothing. The moment you write (or draw, or record) something, you own the copyright on it, and can take action against anyone who makes a copy of it without your permission. This article you're reading right now, for example, has the automatic copyright. If you decided to copy it without permission and put it on your own website, then that would be illegal. Not that you would do such a thing, of course.

It is possible to own the copyright on almost anything that exists but isn't physical: music, graphics, writing, computer programs, and so on. It does not, however, cover physical things (that's patents), nor does it cover names (that's trademarks).

A copyright lasts longer than a trademark: typically it lasts until you die, and then a set number of years after that, depending on your country and the kind of thing that was copyrighted. After the end of this time, the work becomes 'public domain', free for anyone to use.

Of course, copyright is a right, not something that you absolutely must go along with. If you want to give people permission to freely use and redistribute something you've made, then you have the legal right to do this. You can even give up your copyright on a piece of work altogether, simply by writing on it that you no longer want to own the copyright.

Since you're in business, though, the chances are that you'll want more protection for your materials, not less. Look into registering your copyright at the patent office, as doing this will give you an even stronger case if you ever need to use it. UNIQUE Internet Marketing Software Saves You At Least 33 Minutes Of Your Valuable Time Per Day! Visit http://www.promobuddysoftware.com You may reproduce this article as long as an active hyperlink is accompanied. ]]> How Patent Searches Work http://www.artwoo.com/article/how-patent-searches-work http://www.artwoo.com/article/how-patent-searches-work#comments Fri, 17 Nov 2006 16:27:09 +0000 free patent searchpatent searchesinvention patentpatent applicationus patentsusptobusiness method patents http://www.artwoo.com/article/how-patent-searches-work free patent search in order to determine the patentability of his or her invention. have traditionally been limited to a search of the Patent Office's records of prior patents and publications. The recognition of combined with the assistance of the Internet made it both necessary and possible for patent searches to evolve and become easier to do. Still, patent searches begin in the electronic databases of the various Patent Offices worldwide.

Inventors need not solicit the help of a professional to conduct a prior patent search. They can do the work themselves by searching for patent search Web sites online. For an inventor to be able to start his or her own patent search, he or she needs to first access the U.S. Patent Office Database at .gov/patft/index.html" >http://www.uspto.gov/patft/index.html.

A Patent and Trademark Depository Library (PTDL) is a library designated by the (PTO) to receive and house copies of and patent and trademark materials, to make them available to the public, and to disseminate both patent and trademark information. A library must meet specific requirements and promise to fulfill certain obligations to be designated as a PTDL. At these PTDLs patents and trademarks (word marks only) may be searched. Patent and Trademark Depository Librarians cannot give any legal advice nor can they perform the free patent search for someone.

For many inventors it is important to avoid spending thousands of dollars in a only to have it refused. In some instances, only certain elements of the proposed invention (embodiments), but not all, will be patentable. Conducting a prior patent search and allows the inventor to identify the patentable elements and file a patent application which avoids the problem embodiments.

7 steps to conducting a free patent search at Patent and Trademark Depository Library (PTDL):

1. Index to the U.S. Patent Classification Begin with this alphabetical subject index to the Manual of Classification. Look for common terms describing the invention and its function, effect, end-product, structure, and use. Note class and subclass numbers.

2. Manual of Classification Locate class and subclass numbers in the Manual. Note where the terms fall within the US Patent Classification System. Scan the entire class schedule, paying attention to the dot indent. Revise search strategy as needed.

3. Classification Definitions Read the definitions to establish the scope of class(es) and subclass(es) relevant to the search. The definitions include important search notes and suggestions for further searching.

4. Browse Patent Titles and Abstracts Check if you are on the right path; retrieve and browse through titles of patents and published applications in the given class and subclass. Or redirect the search: retrieve lists of patents and published applications containing applicable keywords; note their class and subclass numbers and go back to Step 2. Remember that Patents BIB includes bibliographic information for patents from 1969 to present and published patent applications from 2001 to the present. WEST includes the full-text of patents from 1971 to the present. USPTO databases on the Web include the full-text of patents from 1976 and images (searchable only by class or number) from 1790 to the current week, plus published applications from 2001 to present. 5. Retrieve Subclass Listing Once you have identified the relevant classes and subclasses, obtain a list of all patent numbers granted from 1790 to the present and all published applications from 2001 to the present for every class and subclass to be searched.

6. Official Gazette - Patent Section Go to the Gazette and look for exemplary claim(s) and a representative drawing for all patents on the list(s) to eliminate patents unrelated to the invention. For published applications, view the complete document on-line.

7. Complete Patent Document Search the complete text and drawing(s) of closely related patents to determine how different they are from the invention. (Years of coverage vary with format). Barbara Davis enjoys writing for several web sites, most recently http://sowbelly.com and http://cunid.com ]]> Does Your New Product Qualify For A Patent http://www.artwoo.com/article/does-your-new-product-qualify-for-a-patent http://www.artwoo.com/article/does-your-new-product-qualify-for-a-patent#comments Sat, 01 Sep 2007 12:20:00 +0000 patent officepatent and trademark officeus ptoutility patentsinventionsnew productuniqueness http://www.artwoo.com/article/does-your-new-product-qualify-for-a-patent
Does your qualify for a patent, however? To determine this you'll need to not only prove its but to also make sure it's not disqualified for category.

In the United States, for example, the issuing federal agency is the U.S. . This agency offers , the most common form of patent, on brand new designs that can prove usefulness. They can even patent new varieties of foliage such as plants.

What cannot be patented, however, are new pharmaceuticals that are determined to be unsafe, nuclear weapons, phenomena theoretical in nature, that aren't operable, non-operational changes such as aesthetic improvements, inventions whose primary purpose would be seen as illegal, and those considered by the as "whimsical," i.e., serving no serious purpose. As of this writing the patent office also refuses "immoral" patents, but a change is in the offing that will eliminate this category from patent refusal.

One of the criteria used by the to determine uniqueness and thus eligibility for a patent is whether someone who is considered an expert in the field in which you're introducing a new product would consider the product not only useful but also unique. You will, therefore, delay your application for a patent until you've determined that the answer to this is yes. You'll want to provide the PTO with the name or names of experts who have attested to the usefulness and unique nature of your creation.

This is where you must be careful. Sharing your idea prior to its patent could result in its theft if you don't take precautions. Besides carefully studying the credibility and ethics of those from whom you seek a professional opinion of your new idea or product, you'll also want to carefully document your step-by-step creation - from original concept to completion.

Purchase a notebook. It doesn't need to be anything fancy - just a diary sort of concept that notes each and every move made and every idea generated that helped to bring your concept and product to fruition. While in this day and age you're probably more prone to use a word processing system to do so (and that's a great idea for backup since you can not only keep it on your hard drive but save it to CD, DVD or disk) you'll first want to record these steps, in your own handwriting, in your notebook. Make sure you date each step as well.

The process for earning a patent from initial application averages two years. However, while that process is pending you will still have proof that you're the inventor by showing the PTO documentation of application number and official date of filing. If applying online, you'll have this information in minutes. If you apply by mail, the documentation should arrive within eight weeks.

Once you've received your patent, you'll have protected your new product or idea from infringement. What this means is that were anyone to try to claim it as their own, or to duplicate it and use or sell that duplication, you could sue for damages. Robert Michael is a writer for Juris Patents which is an excellent place to find patents links, resources and articles. For more information go to: http://www.jurispatents.com ]]> Does Your New Product Qualify For A Patent http://www.artwoo.com/article/does-your-new-product-qualify-for-a-patent http://www.artwoo.com/article/does-your-new-product-qualify-for-a-patent#comments Thu, 27 Jul 2006 22:27:13 +0000 patent officepatent and trademark officepatent and trademarkus ptoutility patentsuniquenessinventions http://www.artwoo.com/article/does-your-new-product-qualify-for-a-patent
Does your new product qualify for a patent, however? To determine this you'll need to not only prove its but to also make sure it's not disqualified for category.

In the United States, for example, the issuing federal agency is the U.S. Office. This agency offers , the most common form of patent, on brand new designs that can prove usefulness. They can even patent new varieties of foliage such as plants.

What cannot be patented, however, are new pharmaceuticals that are determined to be unsafe, nuclear weapons, phenomena theoretical in nature, that aren't operable, non-operational changes such as aesthetic improvements, inventions whose primary purpose would be seen as illegal, and those considered by the as andquot;whimsical,andquot; i.e., serving no serious purpose. As of this writing the patent office also refuses andquot;immoralandquot; patents, but a change is in the offing that will eliminate this category from patent refusal.

One of the criteria used by the to determine uniqueness and thus eligibility for a patent is whether someone who is considered an expert in the field in which you're introducing a new product would consider the product not only useful but also unique. You will, therefore, delay your application for a patent until you've determined that the answer to this is yes. You'll want to provide the PTO with the name or names of experts who have attested to the usefulness and unique nature of your creation.

This is where you must be careful. Sharing your idea prior to its patent could result in its theft if you don't take precautions. Besides carefully studying the credibility and ethics of those from whom you seek a professional opinion of your new idea or product, you'll also want to carefully document your step-by-step creation - from original concept to completion.

Purchase a notebook. It doesn't need to be anything fancy - just a diary sort of concept that notes each and every move made and every idea generated that helped to bring your concept and product to fruition. While in this day and age you're probably more prone to use a word processing system to do so (and that's a great idea for backup since you can not only keep it on your hard drive but save it to CD, DVD or disk) you'll first want to record these steps, in your own handwriting, in your notebook. Make sure you date each step as well.

The process for earning a patent from initial application averages two years. However, while that process is pending you will still have proof that you're the inventor by showing the PTO documentation of application number and official date of filing. If applying online, you'll have this information in minutes. If you apply by mail, the documentation should arrive within eight weeks.

Once you've received your patent, you'll have protected your new product or idea from infringement. What this means is that were anyone to try to claim it as their own, or to duplicate it and use or sell that duplication, you could sue for damages. Robert Michael is a writer for Juris Patents which is an excellent place to find patents links, resources and articles. For more information go to: http://www.jurispatents.com ]]> Introduction To Copyrights, Patents, And Trademarks http://www.artwoo.com/article/introduction-to-copyrights-patents-and-trademarks http://www.artwoo.com/article/introduction-to-copyrights-patents-and-trademarks#comments Mon, 18 Dec 2006 22:27:35 +0000 copyright actcopyrighted materialspublic domainold picturestrange voicessleep at nightlife span http://www.artwoo.com/article/introduction-to-copyrights-patents-and-trademarks
Let's consider the example of a story: a poor man who found lots of cash on his way back to his home from his work. He decided to keep the cash to improve his financial situation. But he could not because he was haunted by that told him to find the owner and return the cash. This idea cannot be protected. Anybody can write a short story based on the idea. What is protected is how the author expresses the idea in the form of texts, illustrations, drawings, photographs, etc.

Once an expression is copyrighted, others can still use it for fair use. You can tape a few 15 seconds video clips from a copyrighted TV programs and post it in your video blogs about a commentary on the program or broadcaster, etc. This will be considered a fair use and you will not infringe the copyright.

After a copyrighted material expires, it falls into the . The life of a copyrighted material is the life of the author, plus 70 years. The public domain can be reproduced without any infringement. For example, if you have an with expired copyright, you can post the picture in your website.

In the USA, the of 1976 governs all copyrights. The Copyright Act does not protect any ideas, procedures, process, systems, and methods of operations, concepts, principle or discovery regardless of how it is expressed. It is the expression that is protected by the Copyright Act. You cannot copyright titles, names, slogans, and short phrases even if those have new ideas.

As mentioned earlier, the of a copyrighted material is the author's life, plus 70 years in most cases. There are a few exceptions to this rule and they are: un-renewed copyrighted materials published pre-1964, materials published before 1978 without a copyrighted notice, and materials published by the US Government.

All copyrighted materials should be fixed in a tangible medium (papers, CDs, DVDs, etc.). If it is not fixed in a tangible medium, it is not copyrighted. For example, your speech to the graduating class that was never recorded, taped, or published is not protected under the US Copyright Act. Your can register your copyrighted materials with the US Copyright Office. All expressions of ideas are copyrighted regardless it is registered with the Copyright Office or not. If you register the expression with the Copyright Office, you can receive statutory damages and attorney's fees if an infringement occurs. If the material is not registered with the Copyrighted Office, you can only recover actual damages.

A patent holder of an invention has the right to exclude others from using, selling, and making the invention. The United States Patent Office (USPTO) awards patents. There are three kinds of patents: utility, design, and plant patents.

The most frequently used patents are utility patents. They have a life span of 20 years from the effective filing date if the filing date is after June 8, 1995. A utility patent also requires periodic maintenance fees. A utility patent must be a novel, useful, and non-obvious process, machine, manufacture, or compositions of matter or improvement to the same. There are three things that define a utility patent. First, it must be novel. Nobody should have invented, published, used, or manufactured the invention before. Second, one should be able to do some thing useful with the invention. If it is just novel without any usefulness, it cannot be patented. A patentable invention should not be obvious to the person with ordinary skills in the same technology space related to the invention.

A design patent is the appearance or aesthetic of an article and it has a life span of 14 years after the patent is issued. A plant patent, as the name applies, protects a distinct plant produced asexually. It has life span of 20 years from the filing date.

A trademark is word, symbol, design, or a combination of one or more of these items. It is used to identify the source of goods or services of one company and differentiate a company's goods and services from others. A trademark should not be confusingly similar to other existing names or symbols.

A trademark is registered with the USPTO. It can also be registered through the state's Secretary of State's office. If the trademark is not registered, the rights to the trademark may be geographically limited. You cannot use the symbol ® to represent a mark if it is not registered.

If you want to maintain a trademark for your business, you must actively use it. Just registering a trademark without using it actively will result in diminished rights over time. Never allow a trademark to become a generic word. For example, the trademark "Aspirin" by Bayer has become a generic word to represent acetylsalicylic acid. Others can use it without causing any infringement. When you see a trademark used by authors as a noun or a verb, it may become a generic word. Trademark owners vigorously pursue authors from using the trademark as a noun or a verb. A trademark should always be used as an adjective. For example, Google is preventing others from using the word Google as a verb. Dr. Deepak Dutta is the creator of http://www.semanticbay.com - an interactive social network website based on user shared text and picture contents on any topics. His other website http://www.classifiedsforfree.com - is one of the oldest online classifieds site. ]]> The Importance Of Getting A Patent http://www.artwoo.com/article/the-importance-of-getting-a-patent http://www.artwoo.com/article/the-importance-of-getting-a-patent#comments Thu, 07 Sep 2006 00:27:04 +0000 apply for a patentpatent co operation treatypatent officesilly puttynon disclosure agreementpatentsfurthermore http://www.artwoo.com/article/the-importance-of-getting-a-patent
1. What A Patent Means

First of all, you should know that a patent is significantly different from a copyright. All a a patent means it that you have the exclusive rights to profit from a physical invention. Not all inventions are physical. The most common use for is for pharmaceuticals and plastics. Things like chemical formulas like drain-o have their own patent for the formula, for example, but the name drain-o will be protected by a copyright instead.

2. Not Everything Can Be Patented

It might be impossible to get a patent if you show off your physical product before you patent it. , the more technology and expertice is required to produce the product, the better. Inventions that seem like a no-brainer are more difficult to get a patent for. For example, .

3. Banned Items

You can't apply for patents on many items - a scientific or mathematical theory or method, a work of art (books, plays, etc. -- computer programs are included), a way of doing things (eg. a new business method). Many of these things are, instead, covered by copyright.

4. How To

You need to visit a to get a patent. First, apply for a patent for your country with the help of a lawyer under a strict non-disclosure agreement. Depending on where you live this can be absurdly expensive or quite cheap. Next, file for patents you might want for the rest of the world. Yes, you have to file individually for every country in the world. Alternatively, you can use the patent co-operation treaty that allows you to apply once and eventually recieve protection in all 126 countries signed up to the treaty. For more great patent related articles and resources check out http://businessopportunityinsider.info ]]> Self-Serve Patents http://www.artwoo.com/article/self-serve-patents http://www.artwoo.com/article/self-serve-patents#comments Tue, 05 Dec 2006 04:27:09 +0000 patent searchpatent lawyerinvention processpatent protectionpatent applicationinternational patentsone step at a time http://www.artwoo.com/article/self-serve-patents patent lawyer. Filing your own patents can be done but there are some challenges. While not impossible, the biggest drawback on doing it yourself is that you don't have the luxury of professional advice.

The advantages to filing your own patents are hard to overlook. As previously mentioned it certainly can save you money. Also, by doing it yourself you can learn several valuable skills, particularly research. The central step in preparing to file a patent is to make sure that your invention is actually patentable, meaning it both qualifies to be patented and has not been previously patented. You will also need to describe all aspects of your invention in order to file your own patent. Some steps in the process are easy; others are more difficult. As with all new endeavors, you will most likely succeed by trial and error. However, by taking it and studying the process as much as possible, you can reduce or possibly even eliminate the errors before they occur.

The following are the basic steps on filing your own patent:

1. Keep a careful record of your invention. It is important to keep a record of the in a notebook or similar format. Sign and date each entry and have two reliable witnesses sign as well.

2. Make sure your invention qualifies for . You will need to show that your invention is new (not previously patented), non-obvious and useful.

3. Assess the commercial potential of your invention. Before you spend the time and money to file a , you need to research the market you hope to enter to make sure it will be profitable to file the patent in the long run.

4. Do a thorough . To make sure your invention is new, you need to search all the earlier developments in your field. This involves searching U.S. and , as well as other publications like scientific and technical journals, to find related inventions.

5. Prepare and file an application with the USPTO (United States Patent and Trademark Office). This step allows you to have a choice when filing with the USPTO: you can file a full-blown regular patent application (RPA) or you can file a provisional patent application (PPA) on the invention. Filing a PPA allows you to claim patent pending status for the invention but involves only a small fraction of the work and cost of a regular patent application. All that is required to file a PPA is a fee of $80 ($160 for large companies), a detailed description of the invention, telling how to make and use it, and an informal drawing. Patricia Miller writes for several web magazines, including http://mygud.com and http://products-center.com ]]> Troubling Changes To Patent Rules http://www.artwoo.com/article/troubling-changes-to-patent-rules http://www.artwoo.com/article/troubling-changes-to-patent-rules#comments Thu, 04 May 2006 22:32:00 +0000 patent officepatent protectionpatent and trademark officepatent applicationunited states patentunited states patent and trademark officeunfortunately http://www.artwoo.com/article/troubling-changes-to-patent-rules Patent and Trademark Office () proposed changes to the current patent filing procedures that will dramatically change the process inventors and small businesses use to seek . The proposed changes also limit inventors' ability to protect their inventions. The public may submit their feedback on these changes by May 3, 2006.

CHANGE NO. 1: The first change alters the current "continuation practice" by limiting the number of correspondences that inventors may have with the Patent Office. Additional correspondence may be made with the Patent Office but only under limited conditions.

CHANGE NO. 2: The second change alters the current "claiming practice" by limiting the number of claims that may be presented on an invention, specifically, ten claims per application. The proposed change severely restricts the conditions under which additional claims may be presented.

Interestingly, the stated purposes of the changes are to reduce the back log of un-examined s and increase the quality of the patent application review. , these changes also bring out two important negative implications:

• INCREASE COST TO OBTAIN PATENT • NARROW PATENT PROTECTION

Under the proposed changes, an inventors may only present ten independent claims even if the technology to be patented requires more. The Patent Office states that more claims may be presented if the inventor provides an opinion as to the reason that the invention is patentable over a prior art search but such opinion may be expensive. Hence, the inventor may have to accept narrow claim coverage that may not sufficiently protect their invention. instead of continuing to pursue broad patent protection. Also, inventors must seek patent protection on multiple aspects of their invention simultaneously which may be cost prohibitive. Moreover, in cases where the Patent Office has incorrectly rejected an application, the inventor may only proceed with a costly appeal process instead of attempting to highlight different ingenious aspects of the invention.

IMPACT ON BACK LOG AND QUALITY: The changes do not appear to achieve the Patent Office's desired objective of reducing its back log of applications and improving quality. Inventors, when faced with an examiner who does not understand the uniqueness of the invention, would immediately appeal or petition such refusal rather than use up their limited number of correspondences with the examiner. As such, in one aspect, the changes merely shift the load of the work from patent examiners to the appeal board and petition process. Moreover, patent attorneys would file additional applications on the same invention describing the invention in different ways to circumvent the changes increasing the number of applications. As such, in another aspect, it may increase the number of patent applications.

PUNISH EVERYONE BECAUSE OF A FEW: According to the Patent Office, only 1.2% of applicants engage in excessive claiming. The Patent Office has identified a claiming practice used by a few applicants and proposes changes that affect all applicants. Oddly, the Patent Office appears to be punishing all inventors due to the excessive claiming practice of a few.

PUBLIC REACTION: Feedback submitted by individuals, patent practitioners, businesses and trade associations range from full acceptance to full rejection. For example, one comment stated that the Patent Office is not taking into consideration "real-world effects on practitioners and applications." Another comment from an intellectual property association supports the Patent Office's efforts in increasing examination efficiency and patent quality but disagrees that the proposed changes would achieve the desired results.

SUBMITING YOUR COMMENTS: For information on submitting a comment, go to www.uspto.gov or www.ContactJamesYang.blogspot.com.

This information is provided for informational purposes only and not considered legal advice. Legal advice requires review and analysis of your specific factual situation. James Yang is a patent attorney practicing in Orange County, California. He helps small businesses create, maintain and profit from their intellectual property so that they may maintain a competitive edge. He may be contacted via email at ContactJamesYang@yahoo.com or http://www.ContactJamesYang.blogspot.com.. ]]> Need A Patent For An Invention? http://www.artwoo.com/article/need-a-patent-for-an-invention http://www.artwoo.com/article/need-a-patent-for-an-invention#comments Wed, 07 Jun 2006 18:32:13 +0000 patent pendingapply for a patentpatent registrationpatent numberinventionpatentsinventions http://www.artwoo.com/article/need-a-patent-for-an-invention patent registration.

What is a Patent?

A patent is when your government gives you the exclusive right to profit from an for a set number of years. If anyone else tries to sell something that is covered by your patent, then you will have the legal right to make them either pay you a licence fee or stop.

Each patent has a -- you might have seen 'Pat No' printed on some things, followed by this number. You may also have seen '', which means that the patent has been applied for but not yet granted.

Your Invention Must Qualify.

Not all can be covered by . Check that your invention meets these two requirements:

Is it new and secret? You can't have showed your invention publicly before you . Whatever you do, don't take your invention round and demonstrate it to people before you think about patents -- you might make it impossible to get one.

Is it non-obvious? Your invention must not be something that would be obvious to experience in your chosen industry. This is to stop people rushing to patent things that anyone could figure out, and then charging high fees for their use.

In addition, you cannot apply for a patent for any of the following: a scientific or mathematical theory or method, a work of art (books, plays, etc. -- computer programs are included), a way of doing things (eg. a new business method). Many of these things are, instead, covered by copyright. Patents are intended for actual, physical inventions.

Where Do I Get One?

Wherever you live, the chances are that it has a government agency called a 'patent office', or similar. There are also patent agencies for larger areas, such as the European Patent Office or, ultimately, the WIPO (World Intellectual Property Organisation).

To begin with, you should apply for a patent at the patent office for your country -- it's best to get a lawyer to guide you through this, and make them sign an NDA (non-disclosure agreement, a contract saying they won't tell anyone else about your invention). Depending on your country, this can either be absurdly cheap or really expensive.

Once you've done that, you generally have only one year to file for any patents you might want in the rest of the world. You used to have to apply individually in every country where you wanted a patent (this got very painful and expensive very quickly). Now, though, you can now take advantage of the PCT (Patent Co-operation Treaty), which allows you to apply once and eventually receive protection in all of the 126 countries that have signed up to the treaty.

You can apply for a PCT patent either through your own country's patent office, or through the WIPO's office in Geneva. It is again important to stress that you should really get a lawyer if you plan to go through this process, as international patent law isn't especially intuitive or easy.

You should note that if your patent application is refused at any stage, you won't be getting your fees back -- although you can usually apply again, if you want to pay again.

What if I Don't Get a Patent?

If you've looked at the prices, you might be wondering: what's the worst thing that could possibly happen to me if I didn't get a patent? The only answer I can give is that anyone you happen to explain the idea to can steal it, and you won't be able to do a thing. What's more, once your invention does come on the market, success will attract many imitators, and they'll probably be able to produce your invention cheaper by sacrificing quality.

Essentially, a patent gives you protection against competition -- but if you think you could do perfectly well in the market no matter how many imitators you had, then maybe patents aren't for you. Grab A TON Of Profitable eBooks For Only $17! Start your business off right! Go to http://www.ebookdomination.com You may reproduce this article as long as an active hyperlink is accompanied. ]]> Career Track: Becoming A Patent Attorney http://www.artwoo.com/article/career-track-becoming-a-patent-attorney http://www.artwoo.com/article/career-track-becoming-a-patent-attorney#comments Mon, 27 Nov 2006 04:27:08 +0000 patent law and practicepatent attorneyspatent attorneypatent lawyerspatent workchoosing a careergovernment corporations http://www.artwoo.com/article/career-track-becoming-a-patent-attorney Choosing a career as a specialized in the U.S. means being an attorney who has the required qualifications to represent people and corporations in obtaining patents. A patent attorney acts in all matters and procedures relating to . The career title carries different credentials and positions in various countries, so check for specifics needed.

Let's take a look at a few reasons why a career as a patent attorney is so rewarding.

Employment as a Patent Attorney is Challenging and Rewarding

Patents are involved in many areas of society; they are sought out by individuals as well as corporations. are the foundation for getting the patent process completed.

Patent attorneys, also known as , act as advisors and advocates in the process, representing their clients and supporting their efforts with documentation and legal rights, obligations and suggestions counsel. They need a strong background in engineering or science.

Patent attorneys need to be licensed in order to represent parties in court. They need to be able to prepare trial work, think under the gun, and have solid speaking skills. Other skills needed are to be able to do research, prepare documentation and courtroom presentations.

Specifics of a Patent Attorney Career

The following list includes a few specifics related to a career as a patent attorney:

- Although most work is done in an office setting, law library or courtroom, is also done on job sites. Travel may be a requirement. Lawyers in private practice often work irregular hours, while those on salaries average roughly 50 hours per week plus over-time during busy periods.

- Keeping up with the news, current events, and ever-changing laws in the patent industry are three "musts."

- In 2004, there were about 735,000 attorney jobs, 3 out of 4 in private practices, with most salaried patent attorneys working in the government, corporations, or with nonprofit organizations.

- Job opportunities for attorneys are projected to grow as fast as the average rate through 2014. Learn more and see if a career in patent law is something you'd like to pursue. Check out http://www.patenteducationseries.com. ]]> How to Register a Trademark - Using a Lawyer to Look After Your Business in California http://www.artwoo.com/article/how-to-register-a-trademark-using-a-lawyer-to-look-after-your-business-in-california http://www.artwoo.com/article/how-to-register-a-trademark-using-a-lawyer-to-look-after-your-business-in-california#comments Sun, 28 Sep 2008 17:01:27 +0000 sole proprietorcontemporary businessbusiness practicetrademark lawscompulsionfortunesproficiency http://www.artwoo.com/article/how-to-register-a-trademark-using-a-lawyer-to-look-after-your-business-in-california contemporary business practice, everyone seeks to be solely independent. There are of course great advantages of operating a business as a . The ultimate benefit about this type of business is that you are not only the single owner, but you work in a manner as you want without receiving control from any person, and once profits are made, you singly enjoy these proceeds. In short, there is no use trying to build up the of another person when you can in fact do the same for yourself.

If you operate as a sole proprietor, there are possibilities that you can expand into what you want. This cannot only add to your wealth, but the way you solely manage your business can alleviate your way of living. This is because once you are successful in this type of business; most of your income will be made out of the proceeds of this business.

Being a sole proprietor equally means you will direct your business the way you want. You thus avoid a situation in which you will have to act out of . Independence is an aspect often desired by every person into any form of business. Your business is your personal belonging. Therefore, you will have to take care of it in the manner appropriate to you.

If you are a sole proprietor, it will be important to have a trademark for your business. This is what will be used by your customers to tell of the difference between your goods or services from what looks like yours. Your trademark should be something peculiar to you and should in no way be similar to that of another business. Having a trademark and registering it gives you the liberty to use your business the way you want and equally gives you the right to prevent others from using your product to make money for them. You are the only person to give others authority to use any of your products.

Prior to starting your business, you should seek some counseling from a lawyer. This lawyer should have the and the experience in necessary to lead you through. Why a lawyer proficient and efficient in trademark laws? There are various branches of laws and those relating to trademarks and its related features are quite different and complicated from other laws. Therefore, only an expert in this field will be needed. You need to have just the best lawyer if you look forward to a bright future for your business.

Your lawyer should be able to take you through from the conception of your business, right up to the naming of your business and even acquiring a trade name for that business. He or she should be able to compile your file necessary for the trademark acquisition and you must in turn work hand in hand with him to ensure that he succeeds. Keep in mind that both of you have a common goal and this is meant at seeing your business succeed.

To select a lawyer, you have to pay attention to the feedbacks from other clients or from those whom you know to have had some dealings with the lawyer. Even schedule several meetings with the lawyer and use this to determine if he or she is the right choice for you. Avoid selecting a lawyer based on his or her name. Forget about all the adverts telling you this or that is a good lawyer. Keep in mind that a good lawyer will not only have the experience needed, but will be that person who will want to take some time out and understand your personal needs. If you happen to be in California, think about a lawyer with a Boalt Hall School of Law background. Remember that you need the best if you intend to get the best from your business.Discover more detailed guide on canadian office patent trademark as well as the use of internet protection trademark for credit card fraud when you visit http://www.howtotrademarkcopyright.com, the top resource portal on how to trademark copyright your name and your businesses]]> Protecting Your Intellectual Property - How Copyrights And Patents Affect Your Ebiz http://www.artwoo.com/article/protecting-your-intellectual-property-how-copyrights-and-patents-affect-your-ebiz http://www.artwoo.com/article/protecting-your-intellectual-property-how-copyrights-and-patents-affect-your-ebiz#comments Sun, 30 Jul 2006 12:27:11 +0000 patent attorneycopyright officeintellectual propertylaw trademarkscreative expressiontrademarkcommon law http://www.artwoo.com/article/protecting-your-intellectual-property-how-copyrights-and-patents-affect-your-ebiz intellectual property (IP) every day. If you own a website, that website is your intellectual property. The way you deal with IP--yours and others--can directly impact the success of your business.

What's Intellectual Property?

Registered Patricia McQueeney (http://BrinkleyMcNerney.com) explains, "[Intellectual property] can be broken down...into four types: patents, s, copyrights, and trade secrets."

• A patent deals with a completely new invention--a useful item, a novel look on an already-existing item, or a new plant species. Depending on the type of patent, they're good for between 14 and 20 years. The scope of a patent is defined by its claims. A claim is only one sentence but it may go on for pages, which is why it's best to hire an experienced patent attorney.

• Copyrights protect --books, websites, songs. There is such a thing as copyright, which means that you have rights when you create something. The difficulty lies in proving you were first to create it.

For only $30 you can register with the U.S. (http://www.copyright.gov). The forms aren't complicated, and you have a lot more protection in an infringement suit. The copyright is good for your lifetime and seventy years after you die, and you can make it assignable to anyone upon your death.

Copyrights don't protect the information found in a book or on a website, but they protect the lay-out and presentation. For websites, registering your first and last 25 pages of code protects the code for your entire website and the creative expression of your display screens.

• A trademark designates an object's source--it's a mark or name associated with quality. In trade mark law, arbitrary names are encouraged--Kodak, Kleenex, Apple. The less your trademark describes your product, the stronger it is. If you sell film, using "Film" as a trademark won't hold up in court. Again there are common , but they're hard to prove and offer less protection than a state or federal trademark (http://www.uspto.gov).

• Trade secrets are governed by state laws and vary from state to state. They encompass a variety of things from formulas (think "Coke") to customer lists to product sources. Many companies have contracts that expressly prohibit their employees and vendors from giving away any information they're exposed to while doing business with them. Commonly known facts aren't considered trade secrets so it's good to be discreet with your valuable information.

Get it in Writing

It's important to remember that copyrights and patents give rights to the person who comes up with the idea, not the company that employs them. So if you hire someone to design your website, the creator owns it unless you have the copyright assigned to you in writing. That's why many business owners state in their employee agreements that any works or useful inventions created on company time with company funds will be assigned to the company. Cautions McQueeney, "You don't own it unless you get it written over to you." Chris Malta and Robin Cowie of WorldwideBrands.com are the Writers and Hosts of The Entrepreneur Magazine EBiz and Product Sourcing Radio Shows. Visit http://www.worldwidebrands.com/EMRinfo for more FREE eBiz info from Entrepreneur Magazine Radio! ]]> Protecting Your Intellectual Property - How Copyrights And Patents Affect Your E-Biz http://www.artwoo.com/article/protecting-your-intellectual-property-how-copyrights-and-patents-affect-your-e-biz http://www.artwoo.com/article/protecting-your-intellectual-property-how-copyrights-and-patents-affect-your-e-biz#comments Tue, 21 Aug 2007 04:20:03 +0000 intellectual propertypatent attorneycreative expressionwhich means thatnew inventionkleenexpatents trademarks http://www.artwoo.com/article/protecting-your-intellectual-property-how-copyrights-and-patents-affect-your-e-biz intellectual property (IP) every day. If you own a web site, that web site is your intellectual property. The way you deal with IP =97 yours and others =97 can directly impact the success of your business.

What's Intellectual Property? Registered Patricia McQueeney (http://BrinkleyMcNerney.com) explains, "Intellectual property can be broken down into four types: patents, trademarks, copyrights, and trade secrets."

=95 A patent deals with a completely =97 a useful item, a novel look on an already-existing item, or a new plant species. Depending on the type of patent, they're good for between fourteen and twenty years. The scope of a patent is defined by its claims. A claim is only one sentence but it may go on for pages, which is why it's best to hire an experienced patent attorney.

=95 Copyrights protect =97 books, web sites, songs. There is such a thing as common law copyright, you have rights when you create something. The difficulty lies in proving you were first to create it.

For only $30 you can register with the U.S. Copyright Office (http://www.copyright.gov). The forms aren't complicated, and you have a lot more protection in an infringement suit. The copyright is good for your lifetime and seventy years after you die, and you can make it assignable to anyone upon your death.

Copyrights don't protect the information found in a book or on a web site, but they protect the lay-out and presentation. For web sites, registering your first and last twenty-five pages of code protects the code for your entire web site and the creative expression of your display screens.

=95 A trademark designates an object's source =97 it's a mark or name associated with quality. In trade mark law, arbitrary names are encouraged =97 Kodak, , Apple. The less your trademark describes your product, the stronger it is. If you sell film, using "Film" as a trademark won't hold up in court. Again there are common law trademarks, but they're hard to prove and offer less protection than a state or federal trademark (http://www.uspto.gov).

=95 Trade secrets are governed by state laws and vary from state to state. They encompass a variety of things from formulas (think "Coke") to customer lists to product sources. Many companies have contracts that expressly prohibit their employees and vendors from giving away any information they're exposed to while doing business with them. Commonly known facts aren't considered trade secrets so it's good to be discreet with your valuable information.

Get It In Writing It's important to remember that copyrights and patents give rights to the person who comes up with the idea, not the company that employs them. So if you hire someone to design your web site, the creator owns it unless you have the copyright assigned to you in writing. That's why many business owners state in their employee agreements that any works or useful inventions created on company time with company funds will be assigned to the company. Cautions McQueeney, "You don't own it unless you get it written over to you." Product Sourcing Radio is Created and Hosted by Chris Malta and Robin Cowie of http://WorldwideBrands.com, Home of OneSource: The Internet's Largest Source of Genuine, Factory-Direct Wholesalers for online sellers. Visit http://www.WorldwideBrands.com for more FREE E-Biz and Product Sourcing info! ]]> The Basics Of Chinese Trademark Registration http://www.artwoo.com/article/the-basics-of-chinese-trademark-registration http://www.artwoo.com/article/the-basics-of-chinese-trademark-registration#comments Wed, 11 Jul 2007 00:20:01 +0000 china chinausurpationtrademark officeintellectual property protectionforeign companiesobjectionscollective marks http://www.artwoo.com/article/the-basics-of-chinese-trademark-registration intellectual property protection, those articles nearly always neglect to mention that in most instances involving trademarks, the fault lies with the foreign company, not with Chinese enforcement. The reality is that many fail to register their trademarks in China and thus have no real right to complain about any "infringement" there. To expect protection, foreign companies must register their trademarks in China and the prudent company does this before going in.

There are actually a number of people in China who make a living by usurping foreign trademarks and then selling a license to that trademark to the original license holder. Once one comes to grip with the fact that China, like most of the rest of the world is a "first to file" country, one can understand how easy this is, and also, how easy it is to prevent it.

The fact that you are manufacturing your product in China just for export does not in any way minimize the need for you to protect your trademark. Once someone registers "your" trademark in China, they have the power to stop your goods at the border and prevent them from leaving China.

The key to protecting a trademark in China is actually very simple: register it in China.

China's trademark requirements are actually quite similar to those in most other countries. The trademark must not conflict with an existing Chinese trademark and it must be distinctive. China allows for registration of all marks for goods, services, and certification marks.

China's maintains a centralized database of all registered and applied-for trademarks. Trademark applications that pass a preliminary screening are published by the Trademark Office and subject to a three month period for objection. If there are no within this three month period, or if the Chinese Trademark Office rejects the objections as frivolous, the trademark is registered. If the Chinese Trademark Office supports an objection, it will deny the application. Denied applications may be appealed to the State Administration of Industry and Commerce Trademark Review and Approval Board and then to the People's Court. Based on our experience, objections to trademarks are rare.

A Chinese trademark gives foreign companies a surprising amount of protection in China. If a foreign company learns that its trademark is being infringed in China, it has a number of actions available to it.

We usually advise our clients to pursue a multi-pronged approach to protect an infringed upon trademark and to pursue the infringer. The foreign trademark owner should usually file a lawsuit against the infringer, seeking damages and an injunction stopping the infringer from continuing to sell the infringing goods. The Chinese courts in the more commercialized regions are actually quite willing to enforce China's trademark laws, even for foreign companies. Trademark infringement is a crime in China. For serious cases of infringement, a complaint to the office of the public prosecutor can often result in a criminal prosecution against the infringer. The Chinese police will close the offending operation and seize the counterfeit goods. The courts are authorized to impose both fines and imprisonment. Finally, if the counterfeit goods are destined for export, a notice to the Chinese customs authorities will prevent export of the counterfeit goods. Dan Harris is an attorney with the international law firm of Harris and Moure, pllc, and lead blogger for http://www.chinalawblog China Law Blog ]]> Patent It - If You Don't, Someone Else Will! http://www.artwoo.com/article/patent-it-if-you-dont-someone-else-will http://www.artwoo.com/article/patent-it-if-you-dont-someone-else-will#comments Mon, 31 Jul 2006 10:27:10 +0000 applying for a patentinventionutility patentsplant patentsdesign patentideavacuum cleaners http://www.artwoo.com/article/patent-it-if-you-dont-someone-else-will invention that has been burrowing away in your mind for years? Do you think it could make you real money, but you lack the financial ability to do anything about it at the moment? If you do, you might want to consider .

Whilst it can seem quite expensive to buy a patent for something that is currently only an , it can be well worth it in the long run. For every invention, from to mobile ringtones, there has always been somebody left kicking themselves because they had thought of it first -- but were usurped by a company that is now making millions.

Patents are awarded by the government and give an inventor the right to stop others using, selling or manufacturing their idea without permission. This lasts for a limited amount of time, depending on how much is paid. Patents are often described as granting "intellectual property" -- meaning that they can be bought, sold or rented to others.

A patent gives you the right to stop others from making your invention, but it does not give you rights above anyone else to have your invention made. Once you have one, you will need to start thinking about ways to manufacture your idea.

The two main types available in the United States are Design and Utility. are awarded for the invention or discovery of any new, useful and developable process, article of manufacture, machine or composition of matter.

If you have a new, original and ornamental design for an article of manufacture, in the United States you may be granted a .

Additionally, are available to anyone who discovers and can asexually reproduce a totally new variety of plant.

The rules for awarding these property rights include the fact that your invention must be "useful". This means both that it should have a purpose, and that it should be manufactured by normal industrial processes. An invention that cannot be fesibly manufactured could be rejected.

Abstract ideas, including laws of nature and observed or created physical phenomenon, cannot be granted patents. Neither can you be granted property rights over an idea or suggestion -- it is the actual invention or machine described by you that it patented, not your idea.

Sometimes you have an idea, but do not know it already exists somewhere. If other people in this country have known about or used your idea before you apply, you will not be eligable to have it patented. There are websites where you can check which ideas have already been granted a patent.

Furthermore, if your invention has appeared in a printed publication in any country in the world, for more than a year before your application, you cannot have property rights over it.

For more information, you may wish to look up the Patent and Trademark office of your government, which will highlight the full rules and procedure. Often, when people are sure they are eligable, they choose to hire a patent attorney or agent to help them with applications. Good luck! Loreno Lepe has a background in the chemical and construction industries. To read more articles click http://www.more-articles.info. For more help visit http://www.patents-advice.info and http://www.patents-services.info. ]]> Canadian Patent System http://www.artwoo.com/article/canadian-patent-system http://www.artwoo.com/article/canadian-patent-system#comments Wed, 22 Nov 2006 18:27:08 +0000 canadian patents databasepatents officepatent officepatent agentinventor filesinventionoffice staff http://www.artwoo.com/article/canadian-patent-system inventor files before you do they will own the patent even if you can prove that you were the first to conceive of the . Therefore it is advisable to file Canadian patents as soon as possible without running the risk of omitting essential features from the application. If that happens you may have to reapply later. Advertise, displaying, or publishing information on your invention too soon is also not allowed. You can be excluded from this rule if the disclosure was made by the inventor, or someone who learned of the invention from the inventor, less than one year before filing.

Steps in Obtaining Canadian Patents Protection

Preliminary Searching Conducting a preliminary search of existing Canadian patents is the most important step. Since it costs money to file for a patent, even if that patent is refused, determining if your invention has ever been patented before can save you much time and money.

Online Using the Canadian Patents Database Online you can do a preliminary search of Canadian patents bibliographical information and have access to descriptions and image documents on issued Canadian patents since 1920. Also available are all applications published in Canada since October 1989. Search options supported include key words in the title, the name of the inventor, owner or applicant, the international or Canadian Patents Classification, the PCT information, the abstract or claims text. This resource can be found at patents1.ic.gc.ca/intro-e.html

Searching at the The only way to conduct patentability or infringement search on your own, if you do not want to solicit the aid of or lawyer, is by visiting the Patent Office. Canadian staff will not do the search for you, but can direct you and give you useful information.

There are over 1.5 million Canadian patents held at the Patent Office in Place du Portage I, Gatineau, Quebec. Patent documents filed prior to October 1, 1989, are classified according to the Canadian Patents Classification system and Canadian Patents documents filed on or after October 1, 1989, are classified and searchable according to the International Patent Classification (IPC) system. These documents can be consulted on the World Intellectual Property Organization (WIPO) Web site at: www.wipo.int/classifications/en/index.html. The Patent Search Room, in the Client Service Centre, is open from 8:30 a.m. to 4:30 p.m., Eastern Time, Monday through Friday, except on legal holidays.

Full Searching of Canadian Patents Documents using TechSource TechSource is an electronic patent system that holds the scanned digital image of over 1.5 million patent documents dating back to 1920 and the text version of the documents from 1978. The imaging system enables users to view all parts of Canadian patent documents from workstations. TechSource includes Inquire/Text, a search and retrieval component, which allows the searching of the patent database. This image and text search and retrieval capability is currently available through the Patent Search Room in Gatineau. Linda Johnson contributes to several web sites, including http://duned.com and http://products-resources.com ]]>