Frequently Asked Questions

The following answers cover most situations – there are exceptions and nuances to many laws and rules. Please contact us if you would like to discuss your situation.

What is the difference between patents, trademarks, and copyrights?

Patents protect inventions for a limited time, copyrights protect works of art and music, for example, for a longer time, and trademarks include words or symbols that function as brand identifiers.

Please see this 9-minute video for more information: What are patents, copyrights, and trademarks?

Can I use a photo I find on the internet on my webpage or in a brochure?

Is there a deadline to file a patent application?

Is there a deadline to file a trademark application?

Should I file a patent application on my invention?

When do the benefits of being patent pending on an invention outweigh the costs?

When do the benefits of getting a patent on an invention outweigh the costs (and other potential downsides)?

The benefits of getting a patent on an invention often outweigh the costs (and warrant giving up possible trade secret protection) when a business is selling an invention, and getting a patent reduces the chance that competitors will copy the invention and allows the patent owner to sue competitors who copy the invention.

Why should I not simply keep my invention a trade secret, rather than getting a patent on it?

If your invention can easily be reverse-engineered, it will not be possible to keep it a trade secret once others learn about it. Also, even if you are able to keep the invention a trade secret, if someone else independently invents it, they could patent it, then stop you from continuing to make, use, or sell your invention.

Should I hire a patent attorney to help me file a patent application?

If your invention has potential to make money, it is best to hire a patent attorney. Filing a well written patent application, and getting broad patent protection on your invention, are difficult and best handled by experienced patent attorneys. Our patent attorneys have over 160 years of combined patent experience and have obtained over 1400 US patents for our clients. We have also helped our clients get hundreds of international patents and foreign patents.

What is an IP inventory and why should a business complete one?

An IP (intellectual property) inventory, when properly prepared, lists intellectual property belonging to a business and potential intellectual property issues relating to the business. It can be a good first step toward protecting intellectual property of a business and helping the business avoid costly intellectual property issues. Failure to have a completed IP inventory can result in loss of intellectual property. For more information, please see the following 20-minute video: Typical IP Blunders

What should I do if I plan to expand my US business to do business in other countries?

You should consult with us about patent, trademark, and copyright issues in other countries. While there have been attempts to harmonize laws, there are differences in laws that need to be taken into account. We have helped hundreds of companies protect their intellectual property in other countries. For more information, please see the following 5-minute video: IP Issues when Expanding Internationally

What should a business outside of the US do when seeking to expand into the US?

Ideally, such a business would consult with us prior to beginning to do business in the US so that potential patent, trademark, and copyright issues can be discussed and addressed. We have helped hundreds of companies in other countries protect their intellectual property in the United States. For more information, please see the following 5-minute video: IP Issues when Expanding into the US

Is there some way that I can search online to see whether my invention might be patentable or my trademark might conflict with one owned by someone else?

Yes. There are many ways to conduct patent and trademark searching online. Some businesses may choose to do this if they have a lot of inventions to consider patenting or a lot of possible trademarks to consider adopting. After conducting searches on your own, it would be best to discuss the results with us. We can help you decide how to proceed. For more information, please see the following 2-minute video:

Where can an inventor research patents that already exist?

and for even more information,

the following 9-minute video: Intellectual Property Overview and Searching

I know that my business has intellectual property, as all businesses do. How do I know what are the differences between a patent, a trademark, a copyright, and a trade secret, and where can I see examples?

Patents protect inventions for a limited time (usually about 20 years), copyrights protect works of art and music, for example, for a longer time (usually lifetime of the author/artist plus 70 years), and trademarks include words or symbols that function as brand identifiers (and these can last indefinitely as long as they are used and properly protected). For more information, please see the following 11-minute video which includes examples of the various types of intellectual property: Intellectual Property Overview and Examples

Am I allowed to use software for my home computer that I bought for my work computer?

Do I need a sports team's permission to print their name on a t-shirt?

Do I need to copyright a magazine I am publishing?

Is it legal to copy a DVD that I own for my personal use?

What mistakes do people frequently make when applying for patents on their own?

They wait too long to file; they don’t disclose enough information; they do not properly disclose the invention; they do not properly claim the invention, so their patent if it issues may not be useful to stop competitors. For more information, please see the following 1-minute video:

What mistakes do people frequently make when applying for copyrights, trademarks, and patents?

Can I get a copyright, trademark, or patent on my own, without using an attorney?

Generally, it is best to hire an attorney to help with all of these. However, copyright applications can be often be filed without an attorney with little risk of loss, and trademark applications can be filed without an attorney, but the risk of loss is greater. However, we would never recommend that an inventor try to get a patent without an experienced patent attorney unless the inventor simply wishes to have a patent to put on a wall, and does not intend to commercialize the invention. For more information, please see the following 3-minute video:

Can I get a copyright, trademark, or patent on my own, without using an attorney?

The following 9-minute video has even more information:

Answering viewer questions about intellectual property law

What is the largest patent law firm in Louisiana?

If you measure by the number of US patents obtained for its clients, it is Garvey, Smith & Nehrbass, Patent Attorneys, L.L.C. They have obtained over 1400 US patents for their clients since 1 July 1998, in addition to the hundreds of US patents obtained by its founding partners (Charles C. Garvey, Jr., Gregory C. Smith, and Seth M. Nehrbass) before they founded Garvey, Smith & Nehrbass, Patent Attorneys, L.L.C.

If you measure by total number of patent attorneys, it is Garvey, Smith & Nehrbass, Patent Attorneys, L.L.C. with 7 patent attorneys, including 3 women, 1 US veteran, and 3 patent attorneys who each have more than 40 years of patent experience.