Buchenhorner Patent Law

Intellectual Property

Frequently Asked Questions (FAQs)
Based on years of experience, here are some of Michael Buchenhorner's most frequently asked questions.  The United States Patent and Trademark Office (USPTO) and the U.S. Copyright Office are wonderful sources of information regarding patents, trademarks, and copyrights.
  • What is a patent?  A government-issued, limited right to exclude others from making, selling, offering for sale, or importing any products using the claimed invention.
  • What is a trademark? A symbol, word, or design that is used by the owner to identify goods or services.
  • What is a copyright? An expression of an original work of authorship fixed in a tangible medium of expression.
  • What is a design patent? A patent granted on the ornamental design of a functional item.  The Coca-Cola Company has many design patents on its bottles.
  • What is a provisional patent application?  A provisional patent application is a less formal patent application; it is limited in its term to one year, at which time a non-provisional application must be filed to keep the patent application process in effect.
  • What is the term of a patent?  Twenty years from the filing date.
  • What does "patent pending" mean?  An application for a patent is on file at the USPTO, but a patent has not been issued.
  • Is it true that plants can be patented?  Yes.  You may apply for a patent on a distinct and new variety of living plant organism.
  • What does it take to become a patent attorney?  You must have a Bachelor's degree in a field of technology recognized by the USPTO and a law degree; and then you must pass the Patent Bar Exam to obtain a registration number.  
  • How can I search for a patent?  The USPTO has a search page, or you can search in Google Patents

 

      From the USPTO website: