QUESTION

How can I deal with copywriting or trademarking?

Asked on Nov 18th, 2010 on Patents - Washington
More details to this question:
How can I find out if something has been copywritten or trademarked yet and how much will it cost to patent? In addition, how would I go about getting funding to develop and manufacture short of selling the idea or invention?
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1 ANSWER

Intellectual Property Attorney serving Spokane, WA at Malhotra Law Firm, PLLC
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I recommend that you find an "incubator" to help you with a startup and to help these questions. Also try SCORE and the MBA department of a nearby university for advice. Commercial banks also are often well connected and have lists of professionals who may be able to help you. Funding is extremely difficult to obtain at the present. Angel funding (friends and relatives) is a common way for new businesses to start. Companies rarely buy inventions from individuals unless a product has been manufactured and sold and profit margins can be demonstrated. It is sometimes possible to enforce a patent against an infringer using contingency fee litigation without having to manufacture a product. It is reasonably easy to file your own copyright application using the website at copyright.gov by following the instructions on the website. If you did not copy someone elses work, odds are very low that you will infringe someone elses copyright. Trademark searches are best performed by attorneys. You can try your own search at tess2.uspto.gov but be aware that similar sounding marks, translations, marks with different suffixes or prefixes, and synonyms may be conflicting with yours. The standard is whether there is a "likelihood of confusion." An exact duplication is not the standard. In addition, there are common law marks that are not registered anywhere that can cause problems for you. Be aware that most attorneys will only quote an estimated fee for preparing an application. You should consider the start-to-finish costs before starting. The fee for obtaining a patent depends on the complexity and the number of rejections received by the U.S. Patent and Trademark Office. In a negotiation session, where the applicant tries to get broad coverage for a wide range of alternatives, and the Office tries to limit the applicant to one specific design, the Office routinely rejects everything and the applicant has to file amendments and responses in multiple rejection/response cycles until claims of a reasonable scope are allowed. The average legal fee for preparing a patent application on an invention of minimal complexity was $7879 in 2009. For relatively complex mechanical, the average fee was $9699. For electrical or software, $13,277. These are just averages. There is also a government filing fee of about $600 for a small entity. The average fee for each amendment/argument was $2322 for minimal complexity (rare) and $3135 for a difficult rejection for a mechanical case, $5021 for an electrical case. You should plan on about three of these rejection/response cycles, though it could take more. To reply a third time, a Request for Continued Examination and another government fee of about $600 is required. In some cases, if an examiner is being particularly difficult, an appeal may be advisable, and an average cost for a written appeal brief was $5547. If a Notice of Allowance is received, there will be an Issue fee of about $1000 government fees for a small entity plus a $200 service fee for filling the forms and attending to allowance formalities. If these fees seem high, be aware that if there is an infringement, the average cost for a patent infringement trial is over a million dollars. These are averages for the U.S. My fees tend to be a little lower than the averages even though I have 20 years of patent preparation and prosecution experience. If you would like a more precise quote, I would require a written disclosure and I can send an invention disclosure form for you to use. Please let me know if I can be of any further assistance. Unless I hear from you, I will assume that you are not proceeding with me. No attorney-client relationship exists until a representation agreement is signed and an advance fee is paid. Thank you again for your inquiry and best of lu
Answered on Nov 19th, 2010 at 9:43 AM

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