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Does having your invention listed as patent pending offer any real protection for one's intellectual property rights?
Wiki User
∙ 11y ago
Although provisional applications (resulting in "patent pending") do not have examination processes, filing one does give you an earlier filing date than you would have if you waited until the actual application was complete--up to a full year earlier.
Wiki User
∙ 11y ago
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How does intellectual property differ from physical property?
Physical property is a type of "tangible" property that can be touched and moved, or physically sold or secured; intellectual property is a type of "intangible" property that exists as a concept, and may be represented in physical form, but is not touched, protected or transferred in physical form. Another type of transferable intangible property would be voting rights in shares of stock; although they may be represented by printed shares, the ownership of the rights may exist without they physical presence of those papers. For example, a statue is a "copy" of a work of creative authorship by the sculptor and is protected by copyright; it may be physically moved, sold, destroyed; but the possession of the copy (even if it is the only one) has nothing to do with the ownership of the intellectual property it represents: the copyright of the sculptor in that work and any copies of that work. Similarly, an inventor may own a trade secret or patent on an invention (all of which are intellectual property), and a person who purchases or uses the device that incorporates the invention might have physical property but does not own the intellectual property embodied in the invention (i.e., the right to prevent others from making, using, selling or importing copies of the invention, or anything else that would infringe the i.p. rights).
Can you buy a real estate property that has a sale pending?
No. A sale pending implies that the property is under a binding contract.
Can someone still buy a property with a Sale Pending?
If there is a sale pending on a property you could make a back-up offer subject to the cancellation of the previous offer.
What does patential mean?
The word is used in reference to the commercial success potential of a patent or patent pending invention.
What is a patent pending or patent number notice?
Patent pending is a warning that a patent application has been filed. It is completely worthless until and unless a patent is actually issued for that invention. Patent number notice means a patent with that number was issued for the invention that is implemented in the product labeled with that number.
What does pat pend on sterling silver mean?
"Pat. Pend." on any product means Patent Pending, meaning that, at the time of production of the item in question, a filing was made to protect the intellectual property of the item's creator, in the creator's home country, at the appropriate office of record.
What does it mean when a house is labeled pending Feasibility?
Pending feasibility. This is a semi educated guess. The house is a pending sale with a contract that has multiple contingencies that may cause the sale to fall through feasibility: there is a study done to see if the property around the location is build able and dividable.To put it simply, it means that someone has put in an offer on the property, but they want to have a study done to make sure they can do what they would like to do with it before they actually purchase it.Our MLS has many "Pending" statuses and "Pending feasibility" is usually used for a vacant property while "Pending Inspection" is primarily used for residnetial properties with improvements such as a house.
A Patent Application Helps Protect New Inventions?
Writing a patent application is complicated and it should nearly always be completed by an intellectual property attorney. Not all attorneys are qualified to practice in intellectual property. Instead, attorneys who prosecute patent applications also have a technical or scientific background in addition to their legal training. This means that intellectual property attorneys have a broad understanding of other areas like chemistry, biology, and mechanical engineering that helps them understand the finer points of any new invention. The process of writing a patent application begins when the client provides the attorney with a disclosure of the new invention. This could be text, diagrams, or charts and tables, but essentially the attorney will need all necessary data in order to begin writing the application. A patent application in the United States consists of a few basic parts. First comes the specification, which describes the invention in detail, usually also including a number of optional configurations that may be used to enhance or transform the invention. The next part of the patent application is the claims. The numbered claims are short declarations describing the exact features of the invention for which a patent is sought. This is an especially important component of the application and an intellectual property attorney should have a great deal of experience writing claims that will provide the best patent coverage for an invention. Next the patent application will include an abstract, which is a brief statement describing the invention in 150 words or less. Patent applications are also filed with accompanying drawings which illustrate the various features of the invention. These figures are generally produced by a draftsperson and will be approved by the client, along with the rest of the application, before they are filed with the United States Patent and Trademark Office. A patent application may be pending for several years before it is granted a patent. During that time, the application is examined by the patent office to determine its patentability. A patent may initially be refused because the Examiner believes the subject matter is too similar to an already patented invention. An attorney will file a response to this refusal, arguing why the invention described in the application differs from the patented item. If the attorney prevails, the patent office will issue a notice of allowance. Once the required issue fees have been paid, the invention is officially patented in the United States.
What is the difference between a writ of sequestration an a Writ of Attachment?
The writ of attachment is the seizure of any property belonging to the defendant to either create jurisdiction quasi in rem, or to preserve property at issue pending the outcome of the proceeding. The writ of sequestration permits one who already claims the ownership, the right to possession, or a lien upon property to have the property seized and held pending the outcome of a suit to establish his or her rights in the property.
Is it legal to record a post foreclosure lis pendens by the foreclosed party. What if there is no pending lawsuit?
Since the purpose of a lis pendens is to alert future purchasers and/or mortgagees of a property about a lawsuit affecting the property, it cannot be filed in cases where there is no lawsuit. A lis pendens recorded with no reference to a pending lawsuit has no legal impact on the property and can be ignored.
What is an assignment of intellectual property?
Assignment of Intellectual Property It is a transfer of ownership of intellectual property rights from one entity to another, often required to be written and signed. Assignable intellectual property rights include, among other things: copyright, patent or trademark registration or a pending patent or trademark application, unpatented inventions and designs, unregistered trademarks, trade secrets, certain asexually created plants, semiconductor mask works, commercial publicity rights of a person's name or likeness, and the rights to pursue protection or enforcement of any of those rights domestically or in other jurisdictions. The United States Patent and Trademark Office recommends recording assignments of patent or trademark rights with the USPTO Assignment Services Division to maintain clear title to pending applications and registrations. The Copyright Office maintains a service for recording transfers or exclusive licenses of copyrights. There are important legal technicalities that go along with certain types of assignments and a qualified attorney should be consulted. For example, an assignment of a trademark without the associated "business goodwill" can be fatal to further enforcement of the trademark. Similarly, imperfect assignment of inventions by all involved inventors may undermine future rights to enforce a patent. It should also be noted that such transfers may take more time then imagined. Attorneys and even court procedures may have an impact.
What is a foreclosure under contract?
That means a lender has executed a purchase and sale contract on a property it owns by foreclosure and a sale is pending.
