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Frequently Asked Questions

 

Frequently Asked Questions: Patents

What are the basic filing requirements for obtaining a filing date in the United States for either a convention or a non-convention filing?

A: The basis filing requirements, in order to filing a U.S. patent application, are:
A complete copy of the specification, any necessary drawing(s), and at least one claim of the application as originally filed.  Please note that the filed documents may be in a foreign language or a copy of form IB/PCT/308 which confirms that the United States Patent and Trademark Office received a copy of the international application as originally filed from the International Bureau; and

The official filing fee.
Although not necessary, it is helpful to have the full legal name(s) and the complete mailing address and residence of each inventor(s) as well as any Assignee(s)?this information is found on the face page of the published PCT application. All of the remaining documents and fees may be filed at a later date.


 Frequently Asked Questions: Trademarks

What are the basic filing requirements for obtaining a trademark filing date in the United States for either a convention or a non-convention filing?

A: The basis filing requirements, in order to filing a U.S. trademark application, are:
  1. The full legal name(s) and the complete address of the Applicant;
  2. An identification of the mark to be covered by the trademark application - whether the mark is to be registered in block letters, in a stylized format, including a design feature, etc.
  3. A complete listing of each international class in which the mark is to be registered.
  4. A complete listing of all of the goods and/or services to be covered by the mark - please note that after filing a trademark application, the identification of goods and/or services of the application cannot be amended to add any additional goods and/or services but only may be amended to cancel or clarify the listed goods and/or services.
  5. An identification of each basis or bases for registration, namely, whether the application is to be based upon actual use, an intent to use the mark, on a foreign application in the country of origin of the Applicant or a foreign registration.
  6. A power of attorney in favor of our firm;
  7. A declaration indicating that the Applicant believes that all of the facts set forth in the trademark application are true and accurate - one of our attorneys can provided such declaration provided that the Applicant avers that all of the statements, which are made in the trademark application that is prepared and forwarded to the Applicant for review and approval, are correct and accurate.

 


 Frequently Asked Questions:  Copyrights

What are the basic filing requirements for filing a copyright application with Library of Congress?

A: The basis filing requirements, in order to filing a copyright application, are:
  1. The full legal name(s) and the complete address of each author of the work;
  2. Three (3) copies of the work to be registered;
  3. The full legal name(s) and the complete address of any copyright claimant, if other than the author(s) of the work;
  4. An indication of how the copyright claimant claims rights in the work to be registered, e.g., a work made for hire, by assignment, a specially commissioned work, etc.;
  5. An identification of any preexisting work and what modification(s) and/or addition(s) are made to such preexisting work, complete listing of all of the goods and/or services to be covered by the copyright.

 


 Frequently Asked Questions: Litigation

Where can Litigation be initiated?

A: Litigation can generally be litigated where the defendant(s) either resides or can be found or where acts of infringement occurred. Litigation may possibly be initiated where the plaintiff resides if the defendant(s) have substantial contacts, e.g., is registered to do business or commits any acts of infringement, in the jurisdiction where the plaintiff resides.

How is litigation initiated?

A: Litigation is generally initiated by filing a Complaint, along with the official filing fee, with the court in the jurisdiction where the defendant(s) either resides or can be found. The Complaint is the “served” on each defendant(s) and each defendant, after being served, has a term in which to answer the Complaint and raise any affirmative defenses and allege any compulsory counterclaim(s). If the defendant(s) alleges one or more compulsory counterclaim(s), then the plaintiff is required to answer, within a set period for response to answer each counterclaim and raise any affirmative defenses and to such compulsory counterclaim(s).


 Frequently Asked Questions:  Trade Secrets

What are the basic filing requirements for obtaining Trade Secret protection in the United States?

A: Trade secret is any know-how, formula, process, method, etc., which is not generally known by the public. The basis requirement is that it must be a secret.  Generally, the person or entity seeking trade secret protection must take reasonable steps to ensure that the trade secret remains a trade secret, e.g. limits access to the trade secret information, has agreements with employees to not disclose any trade secrets, etc.

Can a Trade Secret be licensed?

A: Yes, it is possible to license rights in a Trade Secret to a third party. A Trade Secret license will typically be limited by a duration of time, e.g., three years, five years, seven years, etc., after which time the third party is free to used the licensed Trade Secret.