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Intellectual Property Law Basics

 
Michael Cohen
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www.patentlawip.com
  • What is 'intellectual property'?
  • What is a 'patent'?
  • What is a 'copyright'?
  • What is a 'trademark'?
  • What is a 'service mark'?
  • What is a 'trade secret'?
  • How can I protect my intellectual property rights?
  • Where do I go to protect my intellectual property rights?
  • What is a 'registered patent attorney'?
  • If I have an intellectual property matter, do I have to use a registered patent attorney?
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Patent Law
Intellectual Property Law Basics (Now Playing)
  1. Michael Cohen
 Patent Law Basics 
  1. Michael Cohen
  2. Who issues patents? 
  3. Who can acquire a patent? 
  4. What kinds of inventions can be patented? 
  5. How long does a patent last? 
  6. Can a great idea or concept be patented? 
  7. Can I obtain a copy of a specific patent? 
  8. Can I obtain a patent on an exisiting idea or concept? 
  9. Can someone obtain copies of my pending patent application? 
  10. What can I do if someone tries to violate my patent? 
  11. What is meant by the phrase 'patent pending'? 
  12. Can the legal rights to a patent be bought and sold? 
  13. What is a 'provisional patent'? 
 The Patenting Process 
  1. Michael Cohen
  2. When should I apply for a patent? 
  3. What is a 'provisional patent application'? 
  4. What is a 'utility patent'? 
  5. What is a 'design patent'? 
  6. If someone helps me with my invention, do I have to add them to the patent application? 
  7. What is the distinction between the inventor and owner of an invention? 
  8. What rights do I have to an invention that is conceived while I am employed? 
 Preparing To File A Patent 
  1. Michael Cohen
  2. What should I do before applying for a patent? 
  3. Why should I conduct a 'patent search'? 
  4. Who can conduct a patent search? 
  5. What is a 'notice of allowance'? 
  6. What should I do after I have been granted a patent? 
 International Patents 
  1. Michael Cohen
  2. Does my US patent protect me in other countries as well? 
  3. Are the processes and standards for obtaining a patent different in foreign countries? 
 Copyright Basics 
  1. Michael Cohen
  2. What is a 'copyright'? 
  3. Do I have to apply for a copyright to retain ownership of the work I create? 
  4. What is the process for registering a copyright? 
  5. What rights are established by a copyright? 
  6. Can I copyright all of my great ideas? 
  7. How long does a copyright last? 
  8. What is a 'fair use limitation'? 
  9. Can teachers distribute photocopied materials at school? 
  10. Can original computer software be protected by copyright and patent? 
  11. What is the 'Digital Millennium Copyright Act'? 
 Untangling Ownership Issues 
  1. Michael Cohen
  2. What is a 'work for hire'? 
  3. What kinds of work qualify as 'work for hire'? 
  4. Do authors need to get copyrights for the material they write? 
  5. If my work is copyrighted when created, why do I have to register the copyright? 
  6. How does a copyright protect books from copyright infringement? 
  7. What action can I take if I feel someone has violated a copyright I hold? 
  8. What remedies are available to me if my copyright is violated? 
  9. What public services does the Copyright Office offer? 
 Trademark Basics 
  1. Michael Cohen
  2. What are the different types of marks that can be registered with the federal government? 
  3. What is a 'general trademark'? 
  4. What is a 'composite trademark'? 
  5. What is a 'design trademark'? 
  6. What is a 'service trademark'? 
  7. How can I adopt a name for use as a trademark? 
  8. What is a 'common law trademark'? 
  9. What is a 'federal trademark'? 
  10. What is an 'availability search'? 
  11. Is it necessary to conduct an 'availability search'? 
  12. What happens when I apply for a trademark registration? 
  13. What are 'trademark markings'? 
  14. What is a registered trademark's 'scope of protection'? 
 Trademark Issues 
  1. Michael Cohen
  2. Are there certain designs that are not eligible for registration as trademarks? 
  3. Are there certain words that are not eligible for registration as trademarks? 
  4. What are 'descriptive' or 'generic' trademarks? 
  5. What can I do about trademark infringement? 
  6. How are the damages for trademark infringement determined? 
 Trade Secret Basics 
  1. Michael Cohen
  2. What are 'trade secrets'? 
  3. Does the federal government recognize trade secret protection at all? 
  4. How do I mark something 'trade secret'? 
  5. How do I decide whether to patent something or to keep it as a trade secret? 
  6. How do I protect a trade secret? 
  7. What is a 'non-disclosure agreement'? 
  8. Can trade secret rights be transferred to another party? 
 Applying For A Patent 
  1. Michael Cohen
  2. How should I prepare for the patent application process? 
  3. How do I apply for a patent? 
  4. How much does it cost to obtain a patent? 
  5. How long does it take to obtain a patent? 
  6. What are some advantages of applying for a patent? 
  7. What are some disadvantages of applying for a patent? 
Michael Cohen Mr. Michael Cohen
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Transcript

Intellectual Property Law Basics

What is 'intellectual property'?

Intellectual property deals with the intangible. People think it deals with the smart property, but as opposed to real estate law and real property, you're dealing with concepts such as patents, trademarks, copyrights, and trade secrets. You're dealing with intangible property when dealing with intellectual property.

What is a 'patent'?

There's various definitions of a patent, but primarily Congress has allowed inventors the exclusive right to exclude others from using their invention. Patents protect inventions, that's the number one reason for getting a patent. And a patent gives the inventor the exclusive right to that invention for a period of 20 years.

What is a 'copyright'?

A copyright is an original work of authorship and generally that protects books, movies, music.

What is a 'trademark'?

A trademark protects the source of origin of a product or goods and services. So primarily a trademark deals with names, logos or designs. The term of a trademark lasts indefinitely as long as its being used in commerce.

What is a 'service mark'?

A service mark is similar to a trademark, with the exception of goods, it is used on services.

What is a 'trade secret'?

A trade secret is a form of intellectual property that protects confidential information. There's no specific type of filing for a trade secret but certain steps must be met in order to maintain a confidentiality.

How can I protect my intellectual property rights?

If you believe your intellectual property rights have been infringed, you should seek an intellectual property attorney to consult with to determine what exactly has happened, what form of intellectual property was infringed, your patents, trademarks, copyrights, et cetera, and then from there he'll advise you.

Where do I go to protect my intellectual property rights?

It depends what your intellectual property is. For patents and trademarks you should go to the administrative bodies, the united states patent and trademark office. For copyrights, you should go to the united states copyright office to protect your intellectual property.

What is a 'registered patent attorney'?

A registered patent attorney is someone who has a technical background, specifically an undergraduate or graduate degree in the sciences and who has also sat and passed the federal patent bar examination.

If I have an intellectual property matter, do I have to use a registered patent attorney?

If you do need a lawyer for an intellectual property matter, you don't necessarily have to seek a patent attorney, although it depends what the situation is. If you're having a patent infringement issue, then it's probably advisable to seek a registered patent attorney. If you have a copyright or trademark matter, you don't have to seek a registered patent attorney.

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  • What is 'intellectual property'?
  • What is a 'patent'?
  • What is a 'copyright'?
  • What is a 'trademark'?
  • What is a 'service mark'?
  • What is a 'trade secret'?
  • How can I protect my intellectual property rights?
  • Where do I go to protect my intellectual property rights?
  • What is a 'registered patent attorney'?
  • If I have an intellectual property matter, do I have to use a registered patent attorney?

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