FAQ
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Intellectual Property Primer Attorneys at the Firm are often asked to explain intellectually property. What follows is a quick explanation of the types of intellectual property from the customer perspective. Patents can be broken into two categories, your patents and the patents of others. If you are granted a patent, you have 20 years from the filing date to exclude others from practicing what is claimed in your patent. If the rules are not properly followed from the beginning you may never obtain the patent or the patent obtained may be of little value. The patents of others are problematic as well. You must be aware of and not practice the valid enforceable patent rights of others without permission. Patents can be further categorized as utility and design patents. Most people are familiar with utility patents which protect the functional aspects of an article composition or a process. Once granted, the owner of a utility patent can prevent others from making, using or selling the article or using the process claimed in the utility patent. The design patent protects the overall ornamental appearance, but non-functional aspect of an article. Once granted, the owner of a design patent can prevent others from making, using, or selling designs that closely resemble the patented design. Oftentimes, an article has both functional and ornamental characteristics, and one can apply for both a design and a utility patent based on the same article. For example, a computer mouse incorporates both ornamentally and functionality. The curved appearance of the mouse makes the product ornamental. On the other hand, the curved shape makes the article comfortable and therefore functional. Consequently, one could apply for a utility patent to protect the functional aspects of the mouse, and a design patent to cover the ornamental appearance of the mouse. A trademark is a symbol, which can be a word, a graphic, even a color or smell that denotes the supplier and quality of the good or service. Trademarks are important in the consumer and industrial arena as the symbol becomes associated with the quality of the good. Trademarks are useful to sell your product and to prevent others from palming off their goods as yours. Copyrights are usually understood in the context of musicians, artists, painters, actors, and authors. However, copyrights are often overlooked as method of protecting the intellectual property of a business. For instance, a company can copyright its manuals, test methods, policies, and procedures. In this manner, one can enforce against the copying of the property and not have to prove damages in order to prevail. As with patents, one cannot copy the works of others. Yes, even newspapers and journal articles at the local university cannot be copied. It is highly recommended that a business join the Copyright Clearinghouse. Trade Secrets are the most overlooked and misunderstood intellectual property right. A trade secret lasts forever, as long as it is secret, however, very specific rules must be followed. Secrets must be identified, cataloged and kept secret (e.g. locked in a room, no general access, employees advised it is secret). The proper administration of trade secrets goes hand in hand with Agreement Facilitation & Management. It is particularly important to pay attention to the various agreements signed by your company or you, as an individual. Confidentiality agreements are contracts where you and the other party agree to use certain information in a limited manner. One must pay close attention to scope, joint work and expiration dates of these agreements. Joint Development Agreements (JDA’s) involve two or more parties working together for a common goal. Usually some type of intellectual property is expected. Who gets what rights and how the intellectual property is to be procured, maintained and maximized is a large focus of these agreements. Licensing agreements go both ways, you can license someone’s intellectual property and know-how or you can license them your intellectual property and know-how. Even purchasing and sales agreements should have consideration of the intellectual property being transferred with the sale or purchase of the good or service. Employment agreements are another set of agreements that should address intellectual property rights. IP "Management". An often used term that really may mean anything from making sure that maintenance fees are paid to aggressively seeking to maximize the value of one's intellectual property. Our Customer Intake Process Edwin A. Sisson, Attorney at Law, LLC strives to be keenly aware of the moment you become a customer of the Firm and the attorney client relationship begins, its boundaries, and when the relationship ends or should end. When you contact us, your information is sent to an email account which is not administered by an attorney. Upon receipt of your inquiry, be it by phone, fax, or email, a customer intake process is initiated. You will be contacted by a non-attorney who will ask non-confidential questions so that an attorney may properly review your matter to determine if it conflicts with matters or customers currently represented by the Firm. If there is no conflict an attorney will contact you to discuss your matter at no initial charge to you. You will be sent an engagement letter if that conversation results in you wanting the Firm to represent you in the matter. Do not be shy in asking about rates, billing practices, fixed fees, and alternate billing practices.
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