Mark S Hubert : Patent, Trademark, and Copyright Law : Patents, Trademarks, and Copyrights

OVERVIEW Utility Patent Properties
What can be Protected	Inventions - machines, articles of manufacture, new processes, compositions, new uses, methods of doing business, algorithms if they affect a process or hardware, new non-human animals, new bacteria, certain new plants
Who can Obtain Protection	Inventor
Requirements for Protection	Useful, Novel and Non-Obvious
Bars to Obtaining Rights	Certain disclosures or uses, Certain offers to sell, Publications, Earlier Inventors, Illegal or Immoral, Nuclear Weapons
Scope of Protection	Prevent others from making, using, selling or importing your invention. Allows patent owner to control price and availability of the invention
Area of Protection	USA - but prevents importation of infringing articles (complete or disassembled) Foreign Countries if a foreign patent is obtained - but not covered by US Patent
How are Rights Obtained	With Approval and Registration by the US Patent and Trademark Office
Duration of Protection	20 years from date of filing - NO renewal terms available
How Long to Obtain	1 - 3 years average
Registration Required	Yes
State Protection Available	No
Basic Theory	Can’t protect the idea just the embodiment of the idea
Is Use Required	No - but must have a working model or completed design documents
Is Notification Required	No - but if the Patent Number is not displayed then damages from an infringer may only be obtained from date of notification or filing of law suit
Are Rights Assignable	Yes both assignable and licensable
Test for Infringement	Infringing article literally contains every element of the claim OR the equivalent of every element. An element is the equivalent of another element if it performs the same function in the same way to achieve the same result.
Miscellaneous Notes	No common law rights are available Applications are processed in secret Patent is subject to interference by other inventors for 1^st year after patent issues

Design Patent Properties
What can be Protected	The Ornamental Design of an Article of Manufacture (not pure art)
Who can Obtain Protection	Inventor
Requirements for Protection	New and Original Design must be Non-functional and is part of but not removable from the article
Bars to Obtaining Rights	Certain disclosures, Certain offers to sell, Publications, an Earlier Inventor
Scope of Protection	Prevent others from making, using selling or importing your invention. Allows patent owner to control price and availability of the invention
Area of Protection	USA - but prevents importation of infringing articles (complete or disassembled) Foreign Countries if a foreign patent is obtained - but not covered by US Patent
How are Rights Obtained	With Approval and Registration by the US Patent and Trademark Office
Duration of Protection	14 years from date of Federal grant - NO renewal terms available
How Long to Obtain	1 - 2 years average
Average Cost to Maintain	No Maintenance Fees
Registration Required	Yes
State Protection Available	No
Basic Theory	Can't protect the idea just the embodiment of the idea
Is Use Required	N/A
Is Notification Required	No - but if the Patent Number is not displayed then damages from an infringer may only be obtained from date of notification or filing of law suit
Are Rights Assignable	Yes both assignable and licensable
Test for Infringement	Designs look alike to the ordinary observer
Miscellaneous Notes	Sometimes Copyright offers better protection

OVERVIEW