Ingenuity Law - Patent, Copyright, and Trademark Attorney - Melbourne Florida

Frustrated by an Office Action?

Kelly G. Swartz — Mon, 29 Apr 2013 14:57:55 +0000

If you have ever gotten an office action with rejections you don’t understand, you are not the only one. While this is not the recommended response to a patent examiner, it sure does make for entertaining reading.

http://www.cbsnews.com/8301-505124_162-57581797/the-letter-to-the-patent-office-you-have-to-read/

What is an Assignment?

Kelly G. Swartz — Thu, 27 Dec 2012 22:59:41 +0000

The owner of most types of property, including intellectual property (IP), can be changed by executing an assignment. After establishing ownership of IP, the owner or owners may assign the ownership interest over to whomever the owner chooses. In the case of patents, copyrights, and trademarks, an assignment means a transfer by a [...]

How do I Copyright Software?

Kelly G. Swartz — Fri, 21 Sep 2012 00:34:28 +0000

The U.S. Copyright Office defines computer programs as “a set of statements or instructions to be used directly or indirectly in a computer in order to bring about a certain result.”

The process for registering a Copyright for your computer program roughly the same as [...]

Benefits of Registering a Copyright

Kelly G. Swartz — Thu, 06 Sep 2012 23:50:02 +0000

Interestingly enough, you do not actually need to have a copyright filed to have copyright protection. Works are protected by copyright laws when they are first created and there is a fixed copy or “phonorecord.” For example, a book would be a “copy” of a work and the [...]

How do you Register a Trademark?

Kelly G. Swartz — Thu, 30 Aug 2012 23:43:06 +0000

Registering a Trademark with the U.S. Patent and Trademark Office (USPTO) is a straightforward process with both online and paper options. The paper format does take longer to process and is not available for download from the USPTO website. There are two types of online forms: TEAS PLUS [...]

What is a Joint Patent Owner?

Kelly G. Swartz — Tue, 21 Aug 2012 22:33:33 +0000

When only one person is listed as the inventor of a patent and that patent has not been assigned to anybody else, the listed inventor is an individual owner and owns all the rights to the patent. When two or more people are listed on the patent application [...]

Explaining Some Changes of the America Invents Act

Kelly G. Swartz — Tue, 21 Aug 2012 00:11:51 +0000

Watch this video to see a brief explanation of the first to file provisions of the America Invents Act.

America Invents Act

What is a Copyright Deposit?

Kelly G. Swartz — Thu, 16 Aug 2012 23:54:48 +0000

A deposit is a copy of the work which is being submitted to the U.S. Copyright Office. A deposit usually accompanies an application for Copyright Registration, but sometimes it is required regardless of Copyright Registration. All works that are to be protected by U.S. copyright registration and that [...]

You are Never too Young (or Old)

Kelly G. Swartz — Thu, 09 Aug 2012 14:21:53 +0000

The youngest person to have even been granted a patent was four years old. FOUR! Granted on August 3, 1993, Patent 5,231,733 is an “Aid for grasping round knobs.” The U.S. Patent and Trademark Office (USPTO) does not have any age restrictions on inventors who would like to [...]

Benefits of Patent Ownership

Kelly G. Swartz — Tue, 31 Jul 2012 22:29:30 +0000

The inventor(s) listed on the patent application or the assignees of the patent are the vested owners of the patent. This ownership gives the patent holder the “right to exclude others from making, using, offering for sale, selling, or importing into the United States the invention claimed in [...]