Patent Application Locating and Monitoring (PALM) System The PALM system is the automated data management system as an intranet used by the United States Patent and Trademark Office (USPTO) for the retrieval and/or online updating of the computer record of each patent application. The PALM System also maintains examiner time, activity, and docket records, and…
The most common rejections in a patent application include so called a novelty rejection under 35 U.S.C. § 102, an obviousness rejection under 35 U.S.C. § 103, and indefiniteness rejection under 35 U.S.C. § 112. You may say that if a patent application pass two tests (novelty and obviousness tests), your patent application would be…
Under U.S. patent law, while there is no duty to perform a search of relevant art, inventors and those associated with filing or prosecuting patent applications have a duty to disclose to the U.S. Patent and Trademark Office (USPTO) all known prior art or other information that may be “material” in determining patentability. In U.S.…
Patent maintenance fees are required to keep in force all utility and reissue utility patents. Maintenance fees are not required for a design or plant patent, or for statutory invention registrations. You may pay without surcharge at 3 to 3.5 years, 7 to 7.5 years, and 11 to 11.5 years after the date of patent…
When it comes to professional services in the United States, competition would be most likely next to none compared to other advanced countries. Hiring professionals in the field of Intellectual property would be no exception. Like other professionals in medical and financial services, performance and results would significantly vary depending on who to hire since…
Trademark owners may need to transfer ownership or change the name on their application or registration. This could happen while your trademark application is being examined or after your trademark has registered. A trademark assignment is the transfer of an owner’s property rights in a given mark or marks. Such transfers may occur on their…
A trademark is published for opposition after the USPTO determines that your trademark application complies with all applicable laws, rules, and regulations. Approximately 3-4 months after your trademark application is filed, a trademark examining attorney will review it. If the examining attorney concludes that your application meets all legal requirements, it will approve your trademark…
Trademark Classification is similar to the departments in a store. Stores categorize merchandise into departments to help you find the products you are looking for, like women’s clothing, household appliances, or bed linen. Similarly, trademark classification is a way to categorize goods and services to help you search for goods and services that are similar…
If you filed a federal trademark application with the USPTO, the examining attorney might issue a letter called an Office Action setting forth reasons why registration is refused. If likelihood of confusion is the reason, then the Office Action will contain a refusal under Section 2(d) which states: “No trademark by which the goods of…
The Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, the Madrid Protocol, is one of two treaties comprising the Madrid System for international registration of trademarks. The protocol is a filing treaty and not a substantive harmonization treaty. It provides a cost-effective and efficient way for trademark holders — individuals and…