The term of copyright for a particular work depends on several factors, including whether it has been published, and, if so, the date of first publication. As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years. For an anonymous work, a pseudonymous work, or a work made for hire, the copyright endures for a term of 95 years from the year of its first publication or a term of 120 years from the year of its creation, whichever expires first. For works first published prior to 1978, the term will vary depending on several factors. To determine the length of copyright protection for a particular work, consult chapter 3 of the Copyright Act (title 17 of the United States Code). More information on the term of copyright can be found in Circular 15a, Duration of Copyright, and Circular 1, Copyright Basics.

Do I have to renew my copyright?

No. Works created on or after January 1, 1978, are not subject to renewal registration. As to works published or registered prior to January 1, 1978, renewal registration is optional after 28 years but does provide certain legal advantages. For information on how to file a renewal application as well as the legal benefit for doing so, seeCircular 15, Renewal of Copyright, and Circular 15a, Duration of Copyright.

At Mitchell Law PLLC we work with affordable, talented draftsman with years of experience.  Please contact us if you would like more information about our services or wish to review drawing set examples.

• Registration establishes a public record of the copyright claim.
• Before an infringement suit may be filed in court, registration is necessary for works of U. S. origin.
• If made before or within five years of publication, registration will establish prima facie evidence in court of the validity of the copyright and of the facts stated in the certificate.
• If registration is made within three months after publication of the work or prior to an infringement of the work, statutory damages and attorney’s fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner.
• Registration allows the owner of the copyright to record the registration with the U. S. Customs Service for protection against the importation of infringing copies.

Registration may be made at any time within the life of the copyright. Unlike the law before 1978, when a work has been registered in unpublished form, it is not necessary to make another registration when the work becomes published, although the copyright owner may register the published edition, if desired.

More information about copyright registration may be found at: http://www.copyright.gov/eco/  If you have any questions about the registration process or would like assistance of a licensed attorney please contact us.

• Public notice of your claim of ownership of the mark;
• A legal presumption of your ownership of the mark and your exclusive right to use the mark nationwide on or in connection with the goods/services listed in the registration;
• The ability to bring an action concerning the mark in federal court;
• The use of the U.S. registration as a basis to obtain registration in foreign countries;
• The ability to record the U.S. registration with the U.S. Customs and Border Protection (CBP) Service to prevent importation of infringing foreign goods;
• The right to use the federal registration symbol ®; and
• Listing in the United States Patent and Trademark Office’s online databases.

If you are interested in obtaining a trademark or have questions about the process please contact us today or start the registration process here.

The USPTO has established procedures under which the examination of a patent application may be accelerated. Under one of these procedures, the USPTO will advance an application out of turn for examination if the applicant files a grantable petition to make special under the accelerated examination program.

To apply for the accelerated examination program, an applicant must conduct and provide a statement that a preexamination search was conducted, pay the fee set forth in 37 CFR §1.17(h), and provide an accelerated examination support document that includes:

1. an information disclosure statement (IDS) citing each reference deemed most closely related to the subject matter of each of the claims
2. an identification of all the limitations in the claims that are disclosed by the reference specifying where the limitation is disclosed in the cited reference
3. a detailed explanation of how each of the claims are patentable over the references cited with the particularity required by 37 CFR 1.111(b) and (c)
4. a concise statement of the utility of the invention as defined in each of the independent claims, and
5. a showing of where each limitation of the claims finds support under the first paragraph of 35 U.S.C. 112 in the written description of the specification.

Petitions to make special based on applicant’s age or health are available to expedite examination of your patent application and are subject to different application criteria.  Note that a petition to make special based on applicant’s health or age may be filed in the application prior to the first Office action.

If you have any questions about the accelerated patenting process or would like to have a patent attorney draft and file a patent application for your invention please contact us.

While a provisional patent application is never published by the U.S. Patent Office for the public to view or search, there are two situations when a provisional patent application will be made publicly available for inspection and only if a non-provisional patent application is subsequently filed claiming priority to the provisional patent application.

1. The provisional application will be published if the non-provisional patent application is published; or
2. The provisional application will be published if the non-provisional patent application is granted as a patent.

If either of the two situations occur then the public may request a copy of the provisional patent application from the U.S. Patent Office.

A provisional patent application consists of a written description of your invention and drawings that together explain how to make and use your invention. The drawings may be informal. The provisional application is not examined by the Patent Office and functions as a placeholder for a subsequently filed utility patent application (also referred to as a regular application or a nonprovisional patent application). An inventor has one year from the filing date of the provisional application in which to file a utility patent application for the same invention, claiming the benefit of the filing date of the provisional application.

Because a provisional application requires the same level of detail as a utility application, it is typically not much quicker or less costly than a utility application. With limited time or financial resources, however, a provisional application may be better than no patent application. For example, a provisional application may be advantageous if the inventor plans to disclose the invention on short notice and lacks sufficient time to prepare a utility patent application. In that situation, the provisional application provides the inventor with an earlier filing date than might otherwise be obtained, provided that the subject matter claimed in the utility application was disclosed in the provisional application.

Provisional Patent Application Advantages

• During the year before filing the utility application, you may assess whether your invention is commercially viable before committing to the higher cost of filing and pursuing the regular patent application.

• A “Patent Pending” notice may be used on your invention or invention advertisements to deter competitors from copying your invention.

• Avoid building and testing your invention. A filed provisional application establishes a date of constructive reduction to practice. The U.S. awards patents to whomever invents first. Constructive reduction to practice (filing of the provisional application) establishes a date of invention. An earlier filing date may be established by proving a “date of conception” and showing diligence in reducing the invention to practice (e.g., filing the provisional application).

• Establish an official United States patent application filing date for the invention. Filing a provisional patent application gives you an official patent filing date. As explained above, the Patent Office awards patents to the first to invent, not the first to file a patent application. However, diligence from your date of conception to filing must be shown to retain the early invention date; complacency filing may result in forfeiture of your patent rights.

Provisional Application Disadvantages

• Inaccuracy will undo your protection. A provisional application that fails to explain how to make and use the invention cannot be relied on for establishing an early filing date, proof of invention, or constructive reduction to practice.

• Modifying your invention or adding new improvements (known as “new matter”) will force you to file a new provisional application or regular patent application. Modifying the manner of operation or adding any new technical information that was not in the provisional application inhibits reliance on the date of the provisional patent application for such new matter. A new provisional application that reflects these changes may be filed.

• You must file foreign patent applications within a year. You must file patent applications in any country in which you seek protection within one year of the provisional patent application’s filing date.