First, there is no such thing as a provisional patent or a non-provisional patent. Instead, there is a provisional patent application and a non-provisional patent application.
A provisional application is just that, an application that is made provisionally in anticipation of later filing a "non-provisional" application - the application that will be examined. A provisional application preserves the filing date for the inventor to give priority to the application. Upon filing the provisional application the USPTO sends a confirmation date and application number. However, it is important to understand no examination is made of the provisional application.
An applicant has 12 months to file a non-provisional application that specifically claims the benefit of the provisional in its Application Data Sheet.
Whether to file a provisional patent application or a non-provisional application should be carefully discussed with your patent attorney. There are advantages to filing a provisional application like:
However, if you are ready to go to market, understand exactly what the claims are you want to make regarding your invention, and have the resources then going ahead and filing a non-provisional patent application is advantageous because the time to get to examination and prosecution is shortened.
The first thing I advise clients is cost is determined by the client's participation in the process. This is not the patent attorney's invention, but is the client's invention. The more drawings, pictures, instructions, text, background information and insights an inventor can provide will help drive down the cost of the application. The patent attorney will help turn the layman language into claims drafted to cover similar inventions while remaining specific enough to be defensible (scope and validity are ultimately decided by the USPTO and courts).
The application is made of
I like to do a quick "knockout" search to see if there is a similar trademark. Then, we will need your ownership information (company, name, address), the mark itself, and the goods/services you plan to use with the trademark.
A trademark registration can last indefinitely as long as the mark stays in use and the maintenance and renewal filings are made. Renewal is every ten years with certain other deadlines in the first ten years.
Yes!! First, you must be using the trademark in commerce. Second, you must renew the trademark every ten years.
However, during the first ten years, there are other filings required. Specifically, between the fifth and sixth year you must file a Declaration of Use. Then between the 9th and 10th years (19th/20th, 29th/30th, etc) file a Declaration of Use and an Application for Renewal Under Sections 8 and 9.
A separate, optional filing is the Section 15 Declaration of Incontestability, available once your mark has been in continuous use in commerce for five consecutive years after registration. It must be filed within one year after the end of a five-year period of continuous post-registration use. Any qualifying five-year period will do, so a later period can support a later filing, and most owners file it together with the Section 8 between years 5 and 6. Because it is optional, never filing it does not cancel your registration, but unlike the Sections 8 and 9 filings it has no six-month grace period.
Click this TRADEMARK STATUS and enter your registration number anytime.
Often, yes. Five years of use can support registering a descriptive name, but it doesn't overcome a conflict with an existing mark or a generic name.
The first test in a Chapter 7 bankruptcy analysis is income - this is based on the means test and is a function of your income and dependents. If you meet the means test then you can qualify for Chapter 7. This is a much easier, short process and often referred to as a "fresh start" as your qualifying debts are wiped away. Chapter 13 bankruptcy on the other hand requires you to work to repay your creditors via a structured repayment plan, over 3 to 5 years (5 years if your income is above the Florida median).
The most important date in a bankruptcy filing is the Petition Date. This the day your bankruptcy attorney files the petition with the Court. The next step is a "341 Hearing" or a meeting with the Trustee. Currently the bankruptcy trustee meetings are held by video (Zoom) and last about 10 minutes; the meeting/hearing takes place roughly 3 to 6 weeks after the Petition date. If everything is in order in your Chapter 7 Bankruptcy, the discharge usually issues about 60 days after the meeting of creditors (roughly 3 to 4 months total).
Everyone needs a Will. However, our goal is to avoid probate and this will be fully discussed. When looking at your "bounty" you have three types of property:
Through proper planning we can often reduce, or even eliminate, the assets that must pass through probate.
An enhanced life estate (Ladybird) deed can help speed the process of transferring property after death and even avoid probate when properly prepared. It operates similarly to a payable on death transfer.
If you are concerned about probate you should first meet with an attorney to minimize the assets in your estate that are exposed to probate, because many probate attorneys' fees are tied to estate value (Florida Statute 733.6171 sets presumptively reasonable fees that way); we charge flat fees.
Probate is either Formal or Summary. Summary administration is available when the estate (not counting property exempt from creditors) is $150,000 or less under the current statute, or when the death was more than 2 years ago. Formal administration is required when non-exempt assets exceed the summary limit and the death was within the last 2 years. A petition is created, the death certificate is filed, the Will (Testate) is recorded with the Court and then if it is a Formal Administration the proposed Personal Representative affirms his Oath and awaits appointment by the Court. Next, a Notice to Creditors is published and several other Petitions will be filed during this time. Ultimately, the Personal Representative distributes the property to the beneficiaries and the Judge enters an order discharging the Personal Representative. In a Summary Administration, there is no Personal Representative; the Judge enters an order distributing the property directly to the beneficiaries.
A summary administration could be completed in several weeks. A Formal Administration is going to take at least 6 to 8 months if there are no unforeseen circumstances: bickering beneficiaries, property in other states, delays in getting signatures, court delays or hearings.