Introduction

Types of Intellectual Property


Patents:

What is a patent?

What can be patented?

Areas Covered: whoever invents or discovers any new and useful process, machine, manufacture or composition of matter or any new and useful improvement thereof may obtain a patent.

Average Costs: Please consult with an attorney first as costs vary from case to case.

  • Utility Patent: $6,800 (internet, electronic, chemical and business methods are normally higher). This includes filing fee, professional drawings & technical specifications. An optional patent search is available (suggested & advisable) for an additional $750. Additional Fees: amendments (if required), printing, issue, publication and maintenance fees for 3, 7 & 11 years after issue. Not included is the cost of enforcement.
  • Design Patent: $2,800 (a design patent only protects the appearance of an item)

Typical Items That May Be Protected:

  • Utility Patent: (function) tools, devices, machines, computer programs, games, processes, formulas, internet, electronic, chemical and business methods, etc.
  • Design Patent: (appearance) shapes of articles, dolls, characters, etc.

Duration of Patent:

  • Utility Patent: 20 years from filing.
  • Design Patent: 14 years from date granted.

Area of Coverage: Country of Grant. - PCT (Patent Cooperative Treaty) Patents Available For Multi-Country Filing

Renewable: No

Copyrights

Areas Covered: artistic works that typically appeal to the senses such as sight and sound.

Average Cost: $1,200 including filing fee. Copyright search not necessary. Not included is cost of enforcement.

Typical Items That May Be Protected: illustrations, books, songs, dolls, plays, poems, sculptures, paintings, photographs, computer programs, written materials, etc.

Duration of Copyright: life of author plus 50 years

Area of Coverage: Worldwide for participating countries.

Renewable: No

Trademarks

Trademark Drawings

Areas Covered: sources of goods or services

Average Cost: $2,800 including filing fee. An optional Trademark search is available (and advisable) for an additional $750. Not included is cost of enforcement.

Typical Items That May Be Protected: names, logos, designs, Internet domain names, etc.

Duration of Trademark: 10 years

Area of Coverage: Country of Registration

Renewable: Yes

 

Utility Patent
(functional)(1)(2)(3)(4)

Design Patent
(aesthetic)(1)(4)

Copyrights ( visual or literal) (4)

Trademarks (4)

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Whoever invents or discovers any new and useful process, machine, manufacture or composition of matter or any new and useful improvement thereof may obtain a patent

Whoever invents or discovers any new and useful process, machine, manufacture or composition of matter or any new and useful improvement thereof may obtain a patent

Artistic works that typically appeal to the senses such as sight and sound

Source of goods or services

Typical items that may be protected

tools, devices, machines, computer programs, games, processes, formulas, internet, electronic, chemical and business methods etc.

shapes of articles, dolls, characters, etc.

books, dolls, plays, poems, sculptures, paintings, photographs, computer programs, software, written materials, etc.

names, logos, designs, internet domain names, etc.

Duration of protection

20 years from filing

14 years from filing

Life of author plus 50 years

10 years

Area of coverage

Country of filing

Country of filing

Worldwide

Country of filing

Renewable

No

No

No

Yes

Average fee (varies according to complexity)

$6,800 and includes filing fee, professional patent drawings and technical specifications (1)(2)(3)

$2,800 and includes filing fee, professional patent drawings and technical specifications (1)

$1,200 and includes filing fee

$2,800 and includes filing fee

Average cost of optional search

$750

$750

Not Necessary

$750

(1) Amendments, if required, printing, issue and publication fees are additional.
(2) Maintenance fees due at 3, 7 & 11 years after issue of utility patent.
(3) Internet, electronic, chemical and business methods are normally higher.
(4) Enforcement of Patent, Trademark or Copyright not included.

Key Links: - Legal - Drawing Costs

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