Intellectual Property News

October 2005 Newsletter

Beware of Provisional Patents aka Incomplete Patents
An ordinary patent application that is filed with the United States Patent and Trademark Office (USPTO) is referred to as a "non-provisional" application to distinguish it from a "provisional" application. A "provisional" patent application is commonly referred to as an incomplete application. The provisional application was created to help eliminate a disadvantage to U.S. inventors is filing patent applications when compared to non U.S. inventors filing abroad. A provisional application is essentially a patent application whose purpose is to establish a filing date and which must be completed within a year of its filing. However, many inventors believe that they can file an incomplete application without many of the formalities of the complete application and still obtain the benifit of the earlier filing date when filing their complete applicaiton. The non-provisional application is a complete patent application, and must include a specification, a claim or claims, any necessary drawings, an oath or declaration, and the patent application filing fee. If you are considering filing a US provisional patent application, please contact one of our Patent Attorneys to prepare a provisional or non-provisional patent application. More...

First to Invent = U.S., First to File = Others
The United States is one of the few countries around the world which currently gives the first inventor of a new invention the right to file a patent application. However, If the inventor delays in filing a patent application or if the same invention has been patented before, or even written about or used for a certain amount of time before a patent is applied for, it will not be eligible for a patent. If you are the first inventor of a new and useful device or process, please contact one of our Patent Attorneys to discuss the filing of a US patent application. More...

Dilution of Trademarks = Infringement
A trademark is infringed when a mark or a similar mark is used in a way that is likely to confuse the public into believing that the trademark owner is the source or sponsor of products that it does not actually make or endorse. Trademark anti-dilution laws are intended to enable trademark owners to prevent the gradual weakening or whittling away of the strength of their marks even if the public is not likely to be confused. Until 1996, trademark dilution laws consisted of a patchwork of non-uniform state statutes and common law. In early 1996, Congress enacted the Federal Trademark Dilution Act (FTDA) to provide nationwide injunctive relief for diluting uses of nationally famous trademarks. If you believe your Trademark is being diluted, please contact one of our Trademark Attorneys to evaluate your legal rights. More...

Available Damages for Trademark Infringement
The monetary remedies available in trademark infringement actions vary depending on the specifics of the case, but in general, are based on the actual damages suffered by a trademark owner. One consideration in evaluating damages includes whether the Mark has been registered and whether proper notice has been provided. The damages may include profits lost to the infringing activity and may be trebled where the infringement was intentional. If you believe your Trade or Service mark has been infringed, please contact one of our Trademark Attorneys without delay to discuss your legal rights. More...

Siezure of Imported Goods
Many products sold in the United States are imported. Imported goods pass into the stream of commerce in the United States via a port of entry where the goods are subject to inspection by the United States Customs Service (Customs). U.S. businesses constantly face the problem of counterfeit or piratical imports coming into the country being sold at lower prices, which erodes profits and may even damage the reputation of their products in the marketplace. U.S. law protects intellectual property owners from such imports. If you believe goods are being imported into the US in violation of your intellectual property rights, please contact one of our Intellectual Property Attorneys. More...

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