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UNITED STATES PATENT AND TRADEMARK OFFICE
A full transcript of this presentation can be found under the “Notes” Tab.
National SBIR/STTR Conference
Christal Sheppard Ph.D., J.D.Director USPTO Midwest Regional Office
Detroit MichiganJune 16, 2015
National SBIR/STTR Conference Christal Sheppard Ph.D., J.D. Director USPTO Midwest Regional OfficeJune 16, 2015
• What is Intellectual Property (IP)?
• Why you should care…How IP can help you build a businessi.e. What you don’t know CAN hurt your business
• USPTO resources for small businesses
Overview of IP: The Mobile Phone
Trademarks:• Made by “Apple” (logo)• Product “iPhone”• Software “iOS", “Safari”
Patents:• Semiconductor circuits• Touch Screen• Battery/Power Control• Antenna• Speaker• Device Housing
Copyrights:• Software code• Instruction manual• Ringtone• …
© Apple
Trade secrets:• ???
Designs (Trade Dress and Design Patent • Form of overall phone• Placement of button & speaker• Color pattern of trim• Surface finish
Utility Patent
Design Patent
Trade Secrets Copyrights Trademarks
What is protected
Inventions – Process, machine,
manufacture, or composition of
matter
Ornamental characteristics embodied in, or applied to, an
article of manufacture
Business-related information (formulas,
techniques, information)
Art, in an all-encompassing
sense
Marks that indicates the
source or origin of goods or
services
Requirements
Utility, novelty, and nonobviousness
Novelty and nonobviousness
Commercial value, generally not known,
and reasonable efforts of secrecy
Original, authorship, and fixation in a tangible medium
Use in commerce and either
distinctiveness or secondary meaning
Protects Against…
Making, selling, offering for sale, and
importing
Making, selling, offering for sale, and
importing
Stealing Copies, performances, displays, and
derivative works
Use of a mark that causes the likelihood
of confusion
Endures until…
20 years from filing date
14 years from issuance
Publicly disclosed The life of the author + 70 years
Abandoned
Rights of Independent Third Party Creators
None None Full Full None
USPTO
Our Mission: • Fostering innovation, competitiveness and economic
growth. • Delivering high quality and timely examination of patent
and trademark applications. • Guiding domestic and international intellectual property
policy.• Delivering intellectual property information and education
worldwide.
• Web-based resources – Videos– Tutorials– Webinars
• Conferences and seminars• Smithsonian collaboration
Education for the Public
• IP Awareness Assessment Tool• Pro Bono (Free Legal Assistance) in all 50 states• Law School Clinical Program• Pro Se Assistance • Reduced Fees for Small and Microentities • Scam Prevention
– Non-USPTO Solicitations– Invention Promoters
• Low Bono in some states• What to do if you get sued information• Regular forum for Inventors – Inventor’s Eye
Resources Available
Free legal assistance to inventors
In general, there are three basic requirements:– Income below a certain threshold;– Knowledge of the patent system; and– Possession of an actual invention (not just an
idea).
Pro Bono
• Patent and Trademark assistance by law school students
• Strict guidance of law school faculty• Application is advanced out of turn
(special)• Please visit our website for the current list
of schools
Law School Clinical Program
• The Pro Se Assistance Program offers various services for the public, including:
• Dedicated personnel for assisting people filing applications without the assistance of an attorney
• Walk-in assistance for the general public at USPTO Headquarters (by appointment)
• A fully equipped public computer workstation for walk-in visitors at the USPTO
• Targeted support to connect applicants with relevant resources and information
• Online resources found at uspto.gov
Pro Se Assistance
• SMALL ENTITY REQUIREMENT – • APPLICATION FILING LIMIT – no more than four
previously filed applications• GROSS INCOME LIMIT ON APPLICANTS AND
INVENTORS – equal to three times the median household income for the preceding calendar year ($155,817 for 2013)
• GROSS INCOME LIMIT ON PARTIES WITH AN “OWNERSHIP INTEREST”
Micro-entity
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Satellite Offices
Patent and Trademark Resource Centers (PTRCs)
