Intellectual Property Lawyers Michigan

A patent is utilized to protect inventions in exchange for the inventor disclosing how to make and use the invention to the public. In particular, a patent gives its owner the right to prevent others from making, using, selling, or importing a claimed invention for a specific time period. Two types of patents are utility patents and design patents. A utility patent protects the functional and structural aspects of an invention and has a maximum term of 20 years after a filing date of a patent application. A design patent application protects the ornamental exterior look of a product and has a term of 15 years after the patent is granted.

To obtain a U.S. patent, a patent application must be properly filed with the U.S. Patent & Trademark Office (USPTO) and receive the office’s grant of a patent.

A trademark is a recognizable word, design (logo), or a combination that identifies products or services from a particular source and distinguishes them from others. A trademark may be located on the product itself or on a package holding a product. They can also appear on other marketing materials including websites, pamphlets, and physical and electronic communications.

Trademarks can be classified as either a word mark or a design mark. A word mark is just that - words that can be typed in a standard character format using a keyboard without any stylization. A design mark is generally a graphic design with or without wording, or just stylized wording.

To obtain a U.S. trademark registration, a trademark application must be properly filed with the USPTO and receive the office’s grant of a trademark registration. The trademark registration can be renewed as long as the trademark owner is using the mark in commerce.

A copyright gives its owner the exclusive right to copy and distribute a creative work for a limited time. A creative work is a work that is created in tangible form from a person’s mind. The creative work may be in a literary, artistic, educational, or musical form. For example, a creative work can include writings, photographs, music, artwork, and videography. There is an important distinction between a copyright and a copyright registration. Copyrights are automatically formed when a creative work is created, but copyright registrations are not.

To obtain a U.S. copyright registration, a copyright application must be properly filed with the U.S. Copyright Office and receive the office’s grant of a copyright registration.