Understanding Their Role in the Patent Process Patent examiners are the gatekeepers of patent rights in the United States patent system. They are employed by the United States Patent and Trademark Office (USPTO), a federal agency under the Department of Commerce headed by the Director of the USPTO. Their primary job is to examine patent […]

Keeping Your Federal Trademark Registration Active Trademark renewal filings are required to maintain a federal trademark registration and the legal protection it provides. Under U.S. trademark law, a trademark registration issued by the United States Patent and Trademark Office (USPTO) remains valid for ten years from the registration date. The trademark owner must submit a […]

What Patent Owners Need to Know Patent maintenance fees (also known as renewal fees or patent annuities) are periodic fees that must be paid to the United States Patent and Trademark Office (USPTO) to keep an issued utility patent in force. In the U.S., a utility patent’s term is generally 20 years from the application’s […]

What are the formal requirements for enforcing copyrights? Copyright owners sometimes are faced with an infringement matter that requires action. These situations raise an important question: “Can you sue for copyright infringement without registration?” In the United States, copyright protection is automatic. It exists as soon as an original work is created and fixed in […]

Key Differences in These Intellectual Property Types Intellectual property (IP) is a critical asset for businesses of all types. Among the various forms of IP, patents and copyrights are often confused. Understanding patents vs copyrights is essential for business owners to ensure their innovations and creative works receive the proper legal protection. This article breaks […]

How Trademark Rights Can be Asserted Trademark enforcement means taking steps to stop others from using your mark without permission. Strong enforcement preserves your goodwill and prevents consumer confusion. In the United States, trademark rights come from use in commerce, but they are strengthened by obtaining a federal trademark registration. This article outlines key enforcement […]

How is a Patent Infringed? Patent infringement analysis is the process of determining whether a product or process infringes an existing patent. In the United States, patents grant inventors exclusive rights to their inventions for a limited time, and infringing those rights can lead to costly patent litigation and payment of damages to the patentee. […]

Key Differences in Legal Protection for Your Business Business owners often wonder whether to form a limited liability company (LLC) or register a trademark, or both, to protect their new venture. These tools serve very different purposes in U.S. law. Generally speaking, an LLC is a business entity that provides personal liability protection, while a […]

Understanding Trademark Symbols Trademarks are a form of intellectual property that identify a source of goods or services: names, logos, slogans, and other brand elements that distinguish a business’s goods or services. In the United States, business owners commonly use two symbols with their trademarks: TM (™) and ® (R in a circle). Understanding the […]

Challenging Patents After Grant Post-grant review (PGR) is an administrative trial proceeding at the United States Patent and Trademark Office (USPTO) that allows a third party to challenge the validity of a U.S. patent shortly after the patent’s issuance. Conducted by the Patent Trial and Appeal Board (PTAB), a PGR provides a faster, more specialized […]