{"id":208,"date":"2018-12-13T17:09:44","date_gmt":"2018-12-13T17:09:44","guid":{"rendered":"http:\/\/63.247.142.118\/?page_id=208"},"modified":"2022-08-12T12:12:30","modified_gmt":"2022-08-12T17:12:30","slug":"helpful-info","status":"publish","type":"page","link":"https:\/\/dunlapcodding.com\/helpful-info\/","title":{"rendered":"Helpful Info"},"content":{"rendered":"\t\t
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FREQUENTLY ASKED QUESTIONS<\/h4>\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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As with all areas of the law, we see the same questions pop up time after time and thought it might be helpful to provide answers to the trademark questions in one convenient and easy to find spot. If you have any additional questions you would like to see referenced on this page, please feel free to drop us an email. We always appreciate feedback and input.<\/p>\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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\n\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/i><\/span>\n\t\t\t\t\t\t\t\t<\/i><\/span>\n\t\t\t\t\t\t\t\t\t\t\t\t\t<\/span>\n\t\t\t\t\t\t\t\t\t\t\t\tWhat is the difference among trademarks, patents, and copyrights?<\/a>\n\t\t\t\t\t<\/div>\n\n\t\t\t\t\t

Trademarks protect brands such as company or product names, logos, and distinctive coloring. Patents, on the other hand, protect inventions such as machines, processes, products and chemical compositions that are used to make or comprise a part of the product. Copyrights protect original works of authorship such as writings, computer programs, and works of art.<\/p>

Let\u2019s think of this in terms of an example \u2013 M&M\u2019s\u00ae candies. Trademarks protect the M&M\u2019s\u00ae brand name. Patents, on the other hand, protect the machine that can print images on M&M\u2019S\u00ae candies and copyrights protect the written and graphic content on the M&M\u2019s\u00ae website, such as the artwork for the M&M\u2019s\u00ae characters.<\/p><\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t\t

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Yes, there are three types of patents. Utility patents cover processes, machines, articles of manufacture, and compositions of matter. Design patents cover the ornamental design of an article of manufacture. Plant patents cover asexually reproduced varieties of plants.<\/p>

Utility patents are by far the most common, and the remainder of the information set out below applies to utility patents. To obtain a utility patent on an invention, the invention must be useful, novel, and non-obvious over the prior art; this will be described in more detail below. (Prior art is any evidence, readily available or not, that your invention is already publicly known.)<\/p>

Additionally, a provisional patent application may be filed as a placeholder for a utility patent application. A provisional patent application preserves a filing date with the U.S. Patent Office. A provisional patent application is not examined by the Patent Office and does not become a patent. Filing a provisional patent application does allow the patent applicant to mark their described products “patent pending” but does not allow enforcement of patent rights against infringers.<\/p>

Within 12 months of the filing date of the provisional application term, a non-provisional utility patent application may be filed based on the provisional application. The non-provisional utility patent application is examined by the U.S. Patent Office, and if issued as a patent, may be enforced against infringers. Again, once the non-provisional utility patent application is filed, the patent applicant may mark their described products as “patent pending” but patent rights cannot be enforced against infringers until a patent is issued.<\/p><\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t\t

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A US patent allows an inventor to exclude others from making, using, selling, or offering for sale the patented invention in the US, or importing the invention into the US, for a limited time in exchange for public disclosure of the invention when the patent is granted.<\/p><\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t\t

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\n\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/i><\/span>\n\t\t\t\t\t\t\t\t<\/i><\/span>\n\t\t\t\t\t\t\t\t\t\t\t\t\t<\/span>\n\t\t\t\t\t\t\t\t\t\t\t\tWhat is involved in drafting a patent application?<\/a>\n\t\t\t\t\t<\/div>\n\n\t\t\t\t\t
Toggle Content<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t\t
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\n\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/i><\/span>\n\t\t\t\t\t\t\t\t<\/i><\/span>\n\t\t\t\t\t\t\t\t\t\t\t\t\t<\/span>\n\t\t\t\t\t\t\t\t\t\t\t\tWhat is meant by patent prosecution?<\/a>\n\t\t\t\t\t<\/div>\n\n\t\t\t\t\t

Patent prosecution is the process of negotiating with the United States Patent Office (USPTO) in an attempt to obtain a patent on an invention. Patent prosecution is not the same as patent litigation; patent litigation refers to legal proceedings regarding the infringement of a patent once it is issued.<\/p>

An examiner at the USPTO specializing in the type of invention for which a patent is being sought will review the patent application and determine whether the invention is useful, novel, and non-obvious over the prior art.\u00a0 The examiner will search to find any prior art\u2014any type of publication or disclosure, including both patent and non-patent literature\u2014that discloses all or part of the invention. If the examiner finds any prior art, he or she will issue an Office Action in which the application is objected to or rejected.\u00a0 The applicant or his or her representative will have an opportunity to respond to any objections or rejections contained in the Office Action.\u00a0 The patent claims may be redrafted; if changes are made to the claims, the changes are called Amendments.\u00a0<\/p>

The examiner may continue to reject the claims or may come up with new grounds for objection or rejection and may issue subsequent Office Actions.\u00a0 At a certain point in prosecution, the examiner may issue a Final Office Action, after which options are limited, but do exist.<\/p>

If the examiner finds that the claims are patentable, a Notice of Allowance is issued.\u00a0 After payment of Issue and Publication fees, a patent will be issued, and the inventor may begin the process of enforcing his or her patent.\u00a0 Even then, the process does not stop entirely.\u00a0 Maintenance fees are periodically due.<\/p><\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t\t

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From beginning to end\u2014from the initial interview with a law firm through filing the patent application to addressing the Patent and Trademark Office\u2019s objections to obtaining the issued patent\u2014the process takes approximately 48 months on average.<\/p><\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t\t

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On average, based on survey data from the American Intellectual Property Law Association (AIPLA), the total fees and costs to prepare a patent application for a relatively complex single invention and to address a moderate number of PTO rejections is approximately $20,000. In certain circumstances and depending upon the type and number of new inventions within a particular technology, the total fees and costs to prepare and obtain a patent will exceed $20,000.\u00a0 In these circumstances, we will endeavor to provide a strategy and an estimated budget.<\/p><\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t\t

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Nationwide, historically, and without regard to whether or not Dunlap Codding has represented the applicant, the rate of success is approximately 60%. For every 10 patents applied for, 6 are granted.<\/p><\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t\t

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Yes. We require fees and costs for all services to be paid in full prior to beginning any work on a client\u2019s behalf. We will provide a quote for the cost of the services to be provided during an initial consultation.<\/p><\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t\t

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Yes, we charge $250 for an initial consultation which typically takes 45 minutes to an hour. During the consultation, we offer guidance and counsel after spending time with you to discuss your invention as well as your goals and strategy.<\/p><\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t\t

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No, but we can provide our clients with information about companies and organizations that help inventors find investors.<\/p><\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t\t

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No, but we can provide clients with information about companies and organizations that help inventors market and commercialize their inventions.<\/p>

After clients have found potential licensees, we help them structure, negotiate, and document the terms of agreement.<\/p><\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t\t

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The USPTO offers an abundance of information on its website:\u00a0<\/p>

http:\/\/www.uspto.gov\/patents\/process\/index.jsp<\/p>

http:\/\/www.uspto.gov\/faq\/patents.jsp<\/p>

Wikipedia also offers excellent articles on intellectual property, patents, the patent application process, and patent prosecution at www.wikipedia.org (enter search terms to locate the articles).<\/p><\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t\t

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\n\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/i><\/span>\n\t\t\t\t\t\t\t\t<\/i><\/span>\n\t\t\t\t\t\t\t\t\t\t\t\t\t<\/span>\n\t\t\t\t\t\t\t\t\t\t\t\tWorking with Dunlap Codding\u2014Our Rules of Engagement<\/a>\n\t\t\t\t\t<\/div>\n\n\t\t\t\t\t

At Dunlap Codding we pride ourselves on being client friendly.\u00a0 We strive to be responsive to clients, quickly. We work hard to explain complex intellectual property issues in plain English. We do our best to provide customized, cost-effective service, investing our time and resources to develop a deep understanding of our client\u2019s technologies and business.\u00a0 Most of all, we strive to be cordial to our clients and respectful of their time and their invention.<\/p>

In return, we expect the following from our clients:<\/p>