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Frequently asked questions
What are the basic filing requirements for obtaining a filing date in the United States for either a convention or a non-convention patent application filing?
The basis filing requirements, in order to filing a U.S. patent application, are:
What is a Patent?
What are the basic filing requirements for obtaining a trademark filing date in the United States for either a convention or a non-convention filing?
The basis filing requirements, in order to filing a U.S. trademark application, are:
How is litigation initiated?
Litigation is generally initiated by filing a Complaint, along with the official filing fee, with the court in the jurisdiction where the defendant(s) either resides or can be found. The Complaint is the “served” on each defendant(s) and each defendant, after being served, has a term in which to answer the Complaint and raise any affirmative defenses and allege any compulsory counterclaim(s). If the defendant(s) alleges one or more compulsory counterclaim(s), then the plaintiff is required to answer, within a set period for response to answer each counterclaim and raise any affirmative defenses and to such compulsory counterclaim(s).
Where can Litigation be initiated?
Litigation can generally be litigated where the defendant(s) either resides or can be found or where acts of infringement occurred. Litigation may possibly be initiated where the plaintiff resides if the defendant(s) have substantial contacts, e.g., is registered to do business or commits any acts of infringement, in the jurisdiction where the plaintiff resides.
What are the basic filing requirements for obtaining Trade Secret protection in the United States?
Trade secret is any know-how, formula, process, method, etc., which is not generally known by the public. The basis requirement is that it must be a secret. Generally, the person or entity seeking trade secret protection must take reasonable steps to ensure that the trade secret remains a trade secret, e.g. limits access to the trade secret information, has agreements with employees to not disclose any trade secrets, etc.
Can a Trade Secret be licensed?
Yes, it is possible to license rights in a Trade Secret to a third party. A Trade Secret license will typically be limited by duration of time, e.g., three years, five years, seven years, etc., after which time the third party is free to use the licensed Trade Secret.
What are the basic filing requirements for filing a copyright application with Library of Congress?
The basis filing requirements, in order to filing a copyright application, are: