Patent and Trademark Services
Gate Industries Patent and Trademark Services
Gate Industries is dedicated to assisting clients in acquiring, protecting, and maintaining their Intellectual Property rights through patents and trademarks. We maintain strategic relationships with leading law firms and patent agents to support the intellectual property needs of our respective clients, multinational corporations and individual entrepreneurs.
Our patent and trademark specialists have a wealth of experience in Intellectual Property Law and can advise across a wide and diverse range of technical areas.
Our patent services include:
- Patent application preparation and prosecution
- Arbitration & Dispute Resolution
- Acquisition & Divestiture of Patent and Design rights
- Corporate Structure Changes relating to Patent and Design rights
- Due diligence relating to Patent and Design rights
- GCC Patent filings and prosecution
- Infringements and Enforcement actions and other litigation relating to Patent and Design rights
- Investigation & Watch Services
- Licensing of Patent and Design Rights
- Patent and Design searches
- Design and Patent filings & prosecution
Our trademark services include:
- Trademark licensing and assignment
- Infringement and enforcement, litigation, and anti-counterfeiting actions
- Arbitration & Dispute Resolution
- Corporate Structure Changes relating to Trademark matters
- Domain Name disputes related to Trademark
- Due diligence relating to Trademark Rights
- E-Commerce related Trademark issues
- Franchising and Licensing
- Portfolio Management
- Trade Mark Searching and Clearance
Gate Industries Patent Services
Frequently Asked Questions:
What is a patent?
A patent is an intellectual property right granted by the United States Patent and Trademark Office (USPTO) that gives the inventor the right to prevent others from making, using, selling or importing the invention in the U.S.
Are there different types of patents?
Utility Patent– Covers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof.
Example: a mechanical apparatus such as a lawnmower.
Plant Patent- Covers newly invented and unique plants capable of asexual reproduction
Example: a new and distinct variety of plant such as the Rose Plant Jaccart.
Design Patent– Covers the appearance or ornamental design for an article of manufacture
Example: an ornamental design such as a decorative glass vase.
How long does a patent provide protection?
Utility and Plant Patent- expires 20 years after the filing or priority date. Design Patents-Expire 14 years after the patent grant date issued by the USPTO
What is the cost of a patent application?
Fees vary based on the complexity of the invention. Give us a call for a quote and a set fee arrangement.
What is the patent process and how long does it take?
1. A search is recommended to determine if your invention is patentable. The time required to conduct the search may range from a few days to a few weeks to complete.
2. A patent application will be prepared by our staff, and after review and approval from the client, will then be submitted to the USPTO. The application drafting process can take anywhere from a week to a month, depending on the complexity of the invention and the amount of research and drawings that may be necessary.
3. Once filed, the application will be assigned to an examiner at the USPTO.
4. The examiner typically will issue an office action either allowing or rejecting some or all claims of the application. This process can take anywhere from a few months to two years.
5. If the claims of the application are rejected, the applicant, attorney, or agent can respond to this office action by amending and/or arguing in favor of the claims.
6. If the amendments or arguments do not satisfy the USPTO, additional office actions may be issued by the examiner, which will require additional responses on behalf of the inventor.
7. If the amendments or arguments in favor of the claims are persuasive to the examiner, then the patent will issue after the payment of the issue fee.
I have been selling my invention for two years; can I still get a patent?
No, you must file a patent within one year of any public disclosure or offer for sale. A public disclosure may include trade shows, presentations, websites, brochures, etc. If you are seeking patent protection, it is very important that you consult with an IP expert prior to any public disclosure or offer for sale. Such situations tend to be very fact specific, so if you are unsure about whether you have publicly disclosed your invention, feel free to give us a call for a preliminary analysis of your rights.
Gate Industries Trademark Services
Frequently Asked Questions:
What is a trademark?
A trademark is a brand name. A trademark or service mark includes any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/services.
Should I register my trademark?
Although federal registration of a mark is not mandatory, it has several advantages, including notice to the public of the registrant’s claim of ownership of the mark, legal presumption of ownership nationwide, and exclusive right to use the mark on or in connection with the goods/services listed in the registration. It is also possible to receive a state trademark registration in the state in which you do business.
What is the process for obtaining a trademark registration?
We typically recommend a trademark search as a first step in the process, in order to make sure that your proposed trademark is not confusingly similar to another pending or registered trademark. If no other conflicting marks are identified in the search, then the next step is to prepare and file the trademark application at the US Patent and Trademark Office. A trademark examiner will review the application, and will either allow the application to publish, or will generate an office action that requires a response from the applicant. It may be necessary to respond with arguments that your trademark is different and distinguishable over a registered mark cited by the trademark examiner. This process may take between 6 months and a year (or in some cases, longer). You may use the trademark during this process, and are encouraged to do so.
What is the cost for obtaining a trademark registration?
The filing fees at the US Patent and Trademark Office are dependent upon the number of different goods and services listed in the trademark application. The legal fees are typically set in advance, in a set fee arrangement. We may offer discounts for registering multiple trademarks at one time.
What should I do if someone else is infringing my trademark?
Call us. We are glad to listen to your situation, and offer solutions. Often, sending out a ‘cease and desist’ letter to the offending party will resolve the issue. If not, then we will explore additional legal options, at your request.
