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In re Bilski

The Court of Appeals for the Federal Circuit has determined that to comprise patentable subject matter under Section 101, an invention as claimed must meet a “machine or transformation” test. The test is most applicable to “process” or method claims, such as those defining methods of doing business, software inventions, methods of game play, chemical processes and the like. In accordance with the test, a claim can satisfy Section 101 by either showing that the claim is tied to a particular machine, or by showing that the claim transforms an article.

 

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FAQ's

 


 

 

Patent

 

What is a patent?

A patent is a grant by the government of the exclusive right to make, use, sell and offer for sale an invention covered by the patent. 

 

What is a design patent?

A design patent protects a new, original and ornamental design for an article of manufacture.  The life of a design patent is 14 years from the date of its grant. 

 

What is a utility patent?

Utility patents protect any new and useful process (method), machine, manufacture or composition of matter.  For patents granted on patent applications filed after June 8, 1995, the term of a utility patent is 20 years from the filing date of the application (provided maintenance fees are paid). 

 

Are patents automatically granted?

No.  The subject matter for which patent protection is sought must meet several statutory criteria.  Among these criteria, the claimed invention must be novel and nonobvious over the prior art.  The Patent Office will examine the application for patent to determine if its meets these and other criteria. 

 

What is a patentability search?

A patentability search is a search for prior art for use in determining the likelihood that an invention is novel and nonobvious.  Generally, a patentability search is conducted before a patent application is filed and serves as an aid in determining whether or not to file an application.  Patent searches have many limitations, and as such, their results are most pertinent when one or more references are found which indicate that an invention is not novel or is obvious. 

 

How much does it cost to obtain a patent?

There are several components to the cost of obtaining a patent.  First, there is the cost of preparing and filing the application for patent.  Second, there are costs associated with prosecuting the application (preparing and filing related papers with the Patent Office).  If the application is allowed, an issue fee must be paid to issue the patent.  If the issued patent is a utility patent, maintenance fees must be paid to keep the patent in force.  The cost of preparing and filing a patent application varies tremendously dependent upon such factors as the complexity and nature of the invention, the complexity and number of drawings needed, and the level of information provided about the invention. 

 

 

Copyright

 

What is a copyright?

Copyrights are government granted rights in original works of authorship which are fixed in a tangible medium. 

 

How do I obtain copyright rights in my work?

Copyright rights vest when the work is completed.  However, in order to bring suit in court for violation of the rights, a copyright registration must be obtained. 

 

How do I obtain a copyright registration?

By filing the appropriate completed application for registration with the Register of Copyrights. 

 

 

Trademark

 

What is a trademark?

A trademark is a word, logo or other indicator of the source of origin or sponsorship of a good or service. 

 

How do I obtain rights in a trademark?

Trademark rights accrue simply by using the mark in commerce.  Rights may also be gained by obtaining a federal and/or state trademark registration. 

 

How much does it cost to obtain a registration?

The cost depends primarily on the number of different classes of goods and services that the mark is (or is to be) used with and the cost of prosecuting the application.  Applications for federal registration are examined to determine that the application meets certain criteria, while state applications are often not examined to the same criteria. 

 

Should I have a trademark search conducted?

A trademark search may be useful in both identifying trademark rights belonging to others which might be asserted against you and for determining the likelihood that a registration will be granted on a filed application.

 

 

Trade Secrets

 

What is a trade secret?

A trade secret is information which has value as a result of not being generally known or ascertainable by others.  In Nevada, trade secrets are protected by statutory law. 

 

What should I do to protect a trade secret?

Steps must be taken to keep the information secret in order to maintain trade secret rights in the information. A trade secrets program is one way of accomplishing this.