Hess Patent Law Firm – Types of Intellectual Property Protection Available
PATENTS / INDUSTRIAL DESIGNS / PRODUCT CONFIGURATION TRADEMARKS / COPYRIGHTS / VESSEL HULL DESIGN / MASK WORKS / TRADE SECRETS
Robert J. Hess can devise a strategy in an effort to optimize protection for your innovation, which may be protectable by patent (utility, design, plant), industrial design, product configuration trademark, copyright, mask work (semiconductor chip protection) or trade secrets.
Indeed, there are different forms of protection for innovations. As a registered patent attorney, Robert J. Hess can represent clients before the US Patent and Trademark Office seeking utility patent protection, design patent protection or plant patent protection in the United States or pursuant to international treaties. He can represent clients in seeking intellectual property protection internationally under the Patent Cooperation Treaty and in seeking international industrial design registration through the Hague Agreement. He can work with agents in other countries to seek to protect the innovation outside the United States. The Madrid Protocol allows US trademark owners to seek international trademark protection via a single international trademark office.
The following are different kinds of intellectual property applications:
Utility patent application - If a functional idea is the innovation, then a utility patent application may be appropriate for seeking protection.
Design patent application - If an ornamental design is the innovation, then a design patent application may be appropriate for seeking protection.
Plant patent application - if a novel plant variety is the innovation, then a plant patent application may be appropriate for seeking protection.
Patent Cooperation Treaty patent application - To defer the cost for seeking global patent protection, the Patent Cooperation Treaty patent application should be considered before the invention is published.
Patent Prosecution Highway - If you first file in certain countries and then seek to patent the innovation in the United States, your examination in the United States can be expedited if your filing elsewhere ultimately is approved for patenting.
Trademark application - If the innovation is a trade name for goods or wares, then a federal trademark application may be appropriate for seeking domestic protection if interstate or international commerce is involved. Otherwise, a state trademark application may be considered.
Service mark application - If the innovation is a trade name for services, then a federal service mark application may be appropriate for seeking domestic protection if interstate or international commerce is involved. Otherwise, a state service mark application may be considered.
Collective mark application - If the innovation is a trade name for a collective or association, then a federal collective mark application may be appropriate for seeking domestic protection.
Certification mark application - If the innovation is a trade name for certification of products/services of others, then a federal certification mark application may be appropriate for seeking domestic protection.
Madrid Protocol application - If the owner of the trade name resides in the United States, then seeking international protection for the trade name via a Madrid Protocol application may be appropriate for seeking international protection in select countries and regions.
Copyright Registration Applications
Literary – nondramatic literary works, excluding periodicals or serial issues, but including fiction, nonfiction, poetry, textbooks, reference works, directories, catalogs, advertising copy, compilation of information, and computer programs.
Visual- pictorial, graphic or sculptural works, including 2-D and 3-D works of fine, graphic and applied art, photographs, prints and art reproductions, maps, globes, charts, technical drawings, diagrams, models.
Single Serials - work issued or intended to be issued in successive parts bearing numerical or chronological designations and intended to be continued indefinitely.
Performing Arts - musical works and any accompanying words, dramatic works and any accompanying music; pantomimes and choreographic works, and motion pictures and other audiovisual works.
Sound Recording - works that result from the fixation of a series of musical, spoken, or other sounds, except for audio portions of audiovisual works such as a motion picture soundtrack or an audio cassette accompanying a filmstrip.
Vessel Design - protection for original designs of vessel hulls
Mask Work - 3-dimensional patterns fixed on a semiconductor chip
Industrial design application -- the ornamental or aesthetic aspect of an article may be protected through an international design application under the Hague Agreement and may consist of three-dimensional features, such as the shape of an article, or two-dimensional features, such as patterns, lines or color.
The definition of a trade secret varies from state to state, but in general encompasses a formula, practice, process, design, instrument, pattern, commercial method, or compilation of information not generally known or reasonably ascertainable by others by which a business can obtain an economic advantage over competitors or customers. Legal protections include non-disclosure agreements (NDAs), and work-for-hire and non-compete clauses.
If you have a new solution to an old problem, you owe it to yourself to make sure your intellectual property is fully protected. An experienced innovation protection lawyer can help you in your quest to seek protection and obtain legal clearance to optimize the potential of a good idea.
At Hess Patent Law Firm in Cary, NC, attorney Robert J. Hess has been practicing intellectual property law for over 30 years. He accepts clients worldwide and nationwide. Attorney Robert J. Hess also offers international trademark and patent services and has represented clients in various countries of Europe, Asia, the Middle East and Australia. In his career, Robert J. Hess has worked with clients
The patents that Robert J. Hess has been able to secure for clients cover displays, novelty items, laser ablation, software, telecommunications, electric/hydraulic devices, timepieces, printer blades, dispensers, automobile components, mechanical/energy devices, radiopharmaceutical containers, medicinal, eye surgery/care/diagnostics, vision implants, physical therapy devices, exercise devices, sports items, fabrics, recycling/conservation/biofuel, eyewear, food items, shelves/desks, drums, fingerprint biometrics, metalworking, smoke detectors, beverage making, cosmetic applicators, femtocells, food products, radioactive waste, phacoemulsification, thin film transistors, compacting concrete, beverage machine cleaning, reversible eyewear, box dividers, pizza slice trays, self-service stations, tracking swim meets, vertical axis wind turbines, solar trackers
Robert Hess is a named inventor on the following patents and published patent applications:
- US Patent Application Publication No. US 2008290168 A1 pill printing identification
- US Patent No. US 7,370,797 B1 pill printing and identification
- US Patent No. US 7,059,526 B1 micro barcoded pill and identification/medical information retrieval
- US Patent No. US 6,799,725 B1 micro barcoded pill and identification/medical information retrieval system
- US Patent No. US 6,776,341 B1 pill printing and identification
- US Patent No. 5,992,742 pill printing and identification
- US Patent No. 5,425,642 method of spelling out a word before an audience