Arizona Patent Laws

What is a Patent

What is a patent? A patent is an exclusive right to be able to make use and sell an invention. In the United States it lasts for (20) years if it’s a utility. There are some other types of patents, there is the design patent that protects the way something looks, not the way it functions, and that’s a (14) year right. So there is multiple ways to get a patent, but it protects an idea when you’re talking about a utility patent. I’m Wayne Carroll with Inspired Ideas Solutions Law Firm.

By: Wayne Carroll

Preliminary Patent

I’m going to answer the question: “what is a preliminary patent?” So in the United States, there’s something called a provisional patent application. It’s not a patent. It’s an application which is a holding place for you to preserve your right in an invention. It must be followed-up with a full patent application. So there isn’t actually anything that’s a preliminary patent, but there is an application process that has a provisional and then a non-provisional. To find out more, contact me. I’m Wayne Carroll at Inspired Idea Solution Law Firm.

By: Wayne Carroll

Patent Research

I want to address the question: “Can I do my own patent search?” My answer is yes and no. Most clients that come to me, have done some searching for their invention. They have searched on Google, at the patent office website, they have been to stores to look for their invention, they have checked on Amazon and other sites to try to find their invention. And they usually tell me that no one is selling their invention.

Other times inventors tell me, they know the industry and who is doing research in the industry, and no one has developed anything like their solution. These actions are patent searching. Sometimes my clients tell me that no one is producing and selling the solution, but they did find an old publication that shows the basics of their invention. In some cases I must advice them, that even though no one is selling the invention, the old publication is likely to prevent them from getting a patent on the invention.

You can do your own patent search, and there are a lot of great tools available that were not available ten years ago when I started working as a patent attorney. If you do your own patent searching, you need to save the publications that you think are the closest to your invention. You have a duty to tell the patent office of any publications you know about that are close to your invention.

Why did I say, “No, you cannot do your own patent search?” Patent searching is a highly technical activity, and there are many databases that are not easily accessible without paying. Also, most inventors do not know everywhere they need to look, or what will be used to reject their patent application in the patent office. The patent office hires examiners, and trains them to search for prior publications, not just patents.

Before you invest in your invention with a patent application, you should consider investing in a high quality patent search. You want a search that is better than a search that the patent office will do. At Inspired Ideas Solutions Law Firm, our searching staff have deep experience searching for patents, and have access to the same databases that the patent office is likely to search to determine whether to reject your patent application. Yes, you can do your own patent search with the tools that are free and available today. But you are not likely to go deep enough without the help of an experienced professional.

By: Wayne Carroll

Hi, I’m Maria Speth with Jaburg and Wilk. My area of practice is Intellectual Property and Internet Law.

Can a website copy terms of use or a privacy policy from a similar website?

A lot of websites figure they’ll just copy from another website that does a similar type of function or provides a similar service to what they provide. The problem with that is two-fold. Number one, it is actually copyright infringement. It’s not okay to copy somebody else’s terms and conditions and it can be copyright infringement. Number two, it might not really be as suited to your needs as you might think it is. That website might perform a similar function that you perform, but they might not do everything the same way. And you might not want your rules to be exactly like their rules. So I don’t recommend that for both reasons.

What should be included in a website’s terms of use?

In a websites Terms of Use, we want to see things like jurisdiction. If there’s a lawsuit, where will the lawsuit be? You don’t want to get sued in some foreign country or some foreign state. You want to see the rules of what your users can and cannot do on the website. You want to make it really clear to your users whether or not you own what they post on your website or not. You really want to make sure that they understand that they’re responsible for what they do and that you’re not responsible for what they do.

By: Maria Crimi Speth

Provisional vs. Non-Provisional Patent Applications

I am Wayne Carroll with Inspired Idea Solutions Law Firm. We help entrepreneurs make a profit without giving their best ideas to the competition. What is the difference between a provisional application and a non-provisional application for patent? The main differences are one, expiration. Two, examination. Three, claims. And four is fees. So the expiration.

1. Expiration

Provisional applications expired at exactly 12 months without ever becoming a patent. The non-provisional application does not expire automatically and can be granted and become a patent.

2. Examination

The second is examination. Provisional applications are not examined by the patent office for patentability. This means that a poorly written provisional application and a high quality provisional application will look the same to the patent office, because they don’t look at it. Non-provisional applications are examined. If the patent is poorly written there will be multiple problems with the patent.

3. Legal Claims

The third thing is the claims. Provisional applications do not require legal claims. Non-provisional applications require at least one legal claim stating precisely what the inventor’s claim as their new novel and use for invention.

4. Filing Fees

And the fourth difference is the fees. Provisional applications have a lower filing fee. The provisional patent application filing fee is not credited towards the non-provisional filing fee. The provisional filing fee is an additional cost that allows for extra time before filing the non-provisional application. At Inspired Idea Solutions Law Firm we help clients to determine if filing the provisional application is the right strategy to protect their inventions.

By: Wayne Carroll

Hi, my name is Maria Speth and I’m attorney here at Jaburg & Wilk, and my areas of practice are intellectual property and internet law. Website terms of use may or may not be enforceable. There are a few different types of terms of use.

There’s click wrap agreements and browse wrap agreements. A click wrap agreement is the kind of agreement where the user has to actually click I agree on the website to show that they agree to the terms of use. A browse wrap agreement is it’s just there. It’s available, you can see it. You can read through it, but you don’t have to manifest an agreement to it by clicking.

Courts have been pretty clear that a click wrap agreement is enforceable because you have as a user you have agreed to those terms. Browse wrap agreements are usually not enforceable. It depends on how conspicuous they are and where they are on the website, but typically they are much harder to enforce.

So, if you have a website – especially if your website is interactive or is an E-Commerce website – I would highly recommend that you include a click wrap agreement, that actually have your users click I agree to the terms of use. Otherwise it’s likely that the court will find that it’s not enforceable. On the other hand if your website is a static website and you’re not actually either allowing somebody to post on it or allowing somebody to buy from it – then it’s not as important that you have an agreement that they can actually click on. In those cases more of a browse wrap would be acceptable.

By: Maria Speth

Hi. I’m Maria Speth with Jayburg and Wilk. My area of practice is intellectual property and internet law.

When a company is launching a new website, what are some of the legal issues it should be aware of?

First of all, you want to make sure that you have terms of use and/or terms of conditions for your website. Basically the rules of the playground so that you’re readers know what they’re allowed to do and what they’re not allowed to do on your website.

Do all websites need terms of use?

I wouldn’t say every website needs a terms of use. But if you have an interactive website where your readers can come onto your website and post things, then you’re definitely going to want terms of use in those circumstances.

Do all websites need a privacy policy?

Yes. All websites should have a privacy policy. First of all, Google gives you some extra points in their algorithms if you have a privacy policy. California actually requires privacy policies for websites. So obviously if you’re on the internet your website is going to be viewed in California. So I would say yes, all websites should have privacy policies.

By: Maria Crimi Speth

Hi, I’m Maria Speth I’m an attorney with the law firm of Jaburg & Wilk. I practice in the areas of intellectual property and internet law.

What is an intellectual property lawyer?

When somebody is either investing in a company or thinking about buying a company there’s almost always a do diligence phase and most people do get their M&A lawyers, their merger & acquisition lawyers involved. But I think it’s important for people to consider getting an intellectual property attorney involved. Most M&A lawyers do not have deep understanding of intellectual property issues and intellectual property is interesting it doesn’t always behave like tangible property.

How does intellectual property differ from physical property?

There are ownership issues that are a little different. If someone hires somebody to create something for them and it’s intangible, it is not necessarily owned by the person who did the hiring – person who paid the money. So what we see many times in companies as they may hire graphic designers, software developers, photographers, all types of creative people who create things for the company who may or may not have signed the right documents to get ownership in the company.

Do I need an intellectual property lawyer if I buy a business?

In today’s world when you purchase a company often that purchase is – the value in that purchase is really wrapped up in intangible assets. If you are contemplating selling your business or you’re looking at an exit strategy it’s a great idea to have an intellectual property attorney early on to set things up and have the right foundation so that when you get to the point where you’re ready to sell all of your docs are in a roll.

By: Maria Crimi Speth

Retaining Patentability

I’m going to answer the question, “how to retain patentability when presenting to potential customers?” The number one way is going to be have a patent application on file so that you are patent pending before you talk to customers.

So there’s a lot of risk to presenting to potential customers if you don’t have that patent application on file. We are now in a first to file patent system in the United States. If your customers go and file a patent application try to claim it as their own, yours will be first. I also recommend a non-disclosure agreement even after your patent is filed. For more information on how to protect your patent or protect your rights to a patent contact me. I’m Wayne Carroll at Inspired Idea Solutions Law Firm.

By: Wayne Carroll