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U NITED S TATES P ATENT AND T RADEMARK O FFICE A full transcript of this presentation can be found under the “Notes” Tab. National SBIR/STTR Conference.

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Presentation on theme: "U NITED S TATES P ATENT AND T RADEMARK O FFICE A full transcript of this presentation can be found under the “Notes” Tab. National SBIR/STTR Conference."— Presentation transcript:

1 U NITED S TATES P ATENT AND T RADEMARK O FFICE 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 Michigan June 16, 2015

2 National SBIR/STTR Conference Christal Sheppard Ph.D., J.D. Director USPTO Midwest Regional Office June 16, 2015

3 What is Intellectual Property (IP)? Why you should care… How IP can help you build a business i.e. What you don’t know CAN hurt your business USPTO resources for small businesses

4 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

5 Utility PatentDesign PatentTrade SecretsCopyrightsTrademarks 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 Requirement s 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 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 Full None

6 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.

7 Web-based resources – Videos – Tutorials – Webinars Conferences and seminars Smithsonian collaboration Education for the Public

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12 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

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15 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

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17 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

18 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.govuspto.gov Pro Se Assistance

19 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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25 Satellite Offices

26 Patent and Trademark Resource Centers (PTRCs)

27 Reach us via – www.uspto.gov www.uspto.gov – independentinventor@uspto.gov independentinventor@uspto.gov – 1(800)786-9199 Contact USPTO

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