United States Patent and Trademark Office | USPTO.gov
The Grady Firm, P.C. continues to expand its service offerings in order to accommodate the needs of its entrepreneur clients. To that end, The Grady Firm has partnered with patent law attorneys specializing in Patent Prosecution (Pre-Filing, Patent Applications, Office Actions, Post-Grant Actions), Trademark Searches, Applications, and Monitoring; Copyrights; and Licensing Agreements.
A patent application is a request pending at a patent office for the grant of a patent for the invention described and claimed by that application. An application consists of a description of the invention (the patent specification), together with official forms and correspondence relating to the application.
A trademark is a brand name. A trademark or service mark includes any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/services.
A licensing agreement is a legal contract between two parties, known as the licensor and the licensee. In a typical licensing agreement, the licensor grants the licensee the right to produce and sell goods, apply a brand name or trademark, or use patented technology owned by the licensor. In exchange, the licensee usually submits to a series of conditions regarding the use of the licensor’s property and agrees to make payments known as royalties.
Copyright is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works. It protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed.
Article I, Section 8, Clause 8, of the United States Constitution grants Congress the power “To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.” Because this clause is the source of Congress’ power to enact legislation governing copyrights and patents, it is often referred to as the “patent and copyright clause.”
The United States is the world’s leader in protecting intellectual property rights, whether they are patents, trademarks, copyrights, or other forms of intellectual property. Over a million patents are obtained in the U.S each year. For businesses that base their value in their trade secrets, branding, utility, or design, having the opportunity to obtain and enforce intellectual property rights is essential.
If you would like to protect your invention, design, brand, or creative works, schedule a consultation with one of our attorneys.
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*This article is for informational purposes only, and does not constitute legal advice or create an attorney-client relationship. This article does not make any guarantees as to the outcome of a particular matter, as each matter has its own set of circumstances and must be evaluated individually by a licensed attorney.