File a Provisional Application for Patent
- Establish Your Priority Filing Date with the Registrar General.
- A provisional application for patent establishes your priority filing date with the Registrar General and lets you immediately start labeling your invention "patent pending."
Frequently Asked Questions:
How long does a design patent last?
The term of a design patent is 20 years, beginning on the date the patent is granted. This is in contrast to a utility patent term, which typically lasts 20 years and is measured from the application priority filing date. Design patents are not renewable and require no maintenance fees.
How long will it take to prepare my design patent application?
The process of preparing the application and technical drawings generally takes 2-3 weeks. Once the application is filed, you may legally label your design "patent pending" for the period that your application is awaiting approval.
What are the rights of a copyright holder?
The owner of a copyright has the exclusive right to do and to authorize others to do the following:
- Reproduce the work
- Prepare derivative works based on the work
- Distribute copies of the work to the public by sale or other transfer of ownership, such as by rental, lease or lending
- Perform the work publicly. This applies to literary, musical, dramatic and choreographic works, pantomimes, and motion pictures and other audiovisual works
- Display the copyrighted work publicly. This applies to literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic or sculptural works, including the individual images of a motion picture or other audiovisual work
What works are protected by copyright?
Copyright protects "original works of authorship" that are fixed in a tangible form including the following: Literary works Musical works, including any accompanying words
- Dramatic works, including any accompanying music
- Pantomimes and choreographic works
- Pictorial, graphic and sculptural works
- Motion pictures and other audiovisual works
- Sound recordings Architectural works
These categories should be viewed broadly. For example, computer code and many "compilations" may be registered as "literary works." Maps and architectural plans may be registered as "pictorial, graphic and sculptural works."
Does copyright protect a name, title, slogan, logo or idea?
Copyright doesn't protect names, titles, slogans or short phrases. In some cases, these things may be protected as trademarks. We can assist you in registering a trademark. However, copyright protection may be appropriate for logo art work that contains sufficient creativity. In some circumstances, a logo may receive both copyright and trademark protection.
Copyright doesn't protect ideas, concepts, systems or methods of doing something. You may express your ideas in writing or drawings and claim copyright in your expression. Be aware that a copyright won't protect the idea itself as revealed in your written or artistic work. Put simply: copyright protects expressions, not ideas.
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