FAQ

A: No. These forms of intellectual property (IP) protect different aspects of creativity and innovation:

• A trademark is a word, phrase, symbol, or design (or a combination thereof) that identifies and distinguishes the source of a product.
• A patent protects an invention by granting exclusive rights to prevent others from making, using, or selling it.

A: A patent is a temporary property right granted by the United States Patent and Trademark Office (USPTO) for an invention. It provides the patent holder with the right to prevent others from making, using, selling, offering for sale, or importing the invention into the United States. However, a patent does not necessarily grant the right to use, sell, or commercialize the invention—additional regulatory approvals may be required.

A: Under U.S. patent law, an invention is patentable if it is a new and useful process, machine, manufacture, composition of matter, or an improvement thereof. However, patents cannot be granted for laws of nature, physical phenomena, or abstract ideas, as established by legal precedents.

A: No. The U.S. Constitution allows inventors to obtain a patent by fully disclosing their invention, regardless of whether it has been commercialized. Patent law requires inventors to share their knowledge in exchange for a 20-year exclusive right to exclude others from using the invention. While commercialization can generate revenue, it is not a prerequisite for obtaining a patent.

A: No. While a working prototype is not required, an inventor must describe the invention in enough detail for others to replicate and use it once the patent expires. The invention must be novel, non-obvious, and useful compared to existing technology (prior art).

Additionally, while inventors may use off-the-shelf components, they must have the appropriate licenses if those components are already patented.

A: Prior art refers to any publicly available information that predates a patent application, including:

• Patents granted anywhere in the world
• Published research papers, articles, or books
• Products or technologies already in use

If prior art fully discloses an invention before an applicant files for a patent, the patent may be rejected or invalidated.

A: The following factors can prevent an invention from receiving or maintaining a patent:

1. Lack of novelty:
   • The invention was publicly known or used before filing.
   • It was previously patented or published anywhere in the world.
   • Another inventor filed a patent application for the same invention before you did.
2. Disclosure before filing:
   • You patented the invention in another country over a year before filing in the U.S.
   • You published details of your invention more than a year before filing.
   • You publicly used, sold, or offered the invention for sale in the U.S. without a confidentiality agreement.
3. Abandonment:
   • If you abandon your invention, you lose the right to obtain a patent.
4. Independent invention:
   • If another inventor independently created the same invention and filed first, your application may be rejected.

Grace Periods for Filing a Patent

Certain countries provide a grace period after public disclosure during which a patent can still be filed:

• United States, Australia, Canada, Portugal – 1 year
• Russia, Japan, Spain – 6 months
• Most other countries – No grace period (except for limited exceptions, such as official exhibitions under the Convention on International Exhibitions).

Important: If an inventor voluntarily publishes their invention before filing a patent in Europe, they lose the right to patent protection there.

A: Contact us for assistance. Please note that representation is subject to conflict-of-interest checks and other considerations. If we proceed, you will need to sign an attorney-client agreement to formalize representation.

A:

• Utility patents last 20 years from the filing date.
• Design patents last 14 years from the date of issuance.

However, a patent will lapse if the required maintenance fees (due at 3.5, 7.5, and 11.5 years) are not paid. In some cases, patent terms may be extended due to USPTO delays or appeal proceedings.

A: No. U.S. patents are only enforceable within the United States and its territories. However, international patent protection is possible through the Patent Cooperation Treaty (PCT), which allows inventors to file a single international application recognized by multiple countries.

A: A patent can be granted for any new and useful:

• Process
• Machine
• Manufactured product
• Composition of matter
• Improvement of an existing invention

The USPTO classifies these as utility patents. Additionally, design patents protect the ornamental appearance of a product rather than its functionality.

A: A provisional application serves as a placeholder, allowing inventors to secure an early filing date. However, a formal (non-provisional) application must be filed within one year. If the non-provisional application does not fully support the provisional claims, the priority date may be challenged.

A:

• Utility patents protect the use and functionality of an invention.
• Design patents protect the appearance of an invention.

Both can apply to the same product, but distinguishing functionality from design can be complex. If a design is dictated by functionality, it may not qualify for a design patent.

A: Yes. By default, utility patent applications are published 18 months after filing unless the applicant requests earlier publication or asks for non-publication (provided no foreign filings are desired).

A: Yes. Anyone can apply for a U.S. patent or trademark, but inventors must disclose their address and nationality.

Caution: Some countries penalize their citizens for filing a patent abroad without prior approval from their national patent office.

A: Yes. A U.S. trademark application can be extended to other Madrid Agreement countries within six months of filing. If you require international trademark protection, please notify us as soon as possible.