Frequently Asked Questions

FAQ

PATENT QUESTIONS

  • A property right granted by the Government of the United States of America to an inventor “to exclude others from making, using, offering for sale, or selling the invention throughout the United States or importing the invention into the United States” for a limited time in exchange for public disclosure of the invention when the patent is granted.

  • “Anything under the sun that is made by man.” New and useful process, machine, article of manufacture, composition of matter, or any new and useful improvement thereof. But, there is further levels of analysis required…for an invention to be patentable it must be: Novel, Useful and Non-obvious to one having ordinary skill in the pertinent art at the time the invention was made.

TRADEMARK & COPYRIGHT QUESTIONS

  • A trademark is a word, name, symbol or device which is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. A servicemark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product. The terms “trademark” and “mark” are commonly used to refer to both trademarks and servicemarks.

    Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark. Trademarks which are used in interstate or foreign commerce may be registered with the Patent and Trademark Office.

  • No, but federal registration has several advantages, including notice to the public of the registrant’s claim of ownership of the mark, a legal presumption of ownership nationwide, and the exclusive right to use the mark on or in connection with the goods or services set forth in the registration.

BUSINESS QUESTIONS

  • There are various types of entities to form – a corporation, a limited liability company, a partnership – our business attorneys will work with you to determine which entity is right for your business.
  • Designated licensed professionals, such as doctors, architects, engineers, lawyers and accountants, may form a professional limited liability company or a professional corporation. Such entities enjoy the benefits of limited liability companies or corporations; however, investors are limited to those licensed in the profession.

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