Content

1. Purpose of Assignment: The purpose of this assignment is to understand and explain the process of obtaining intellectual property protection.Course Competency: Describe types of intellectual property.
2. Instructions
   Content:
   • Our firm’s client, BlueMountain Inventions, LLC, has created a new invention, cellulox, a new pill that when taken daily, reduces the visibility of cellulite by 98%. The FDA has approved the pill, but BlueMountain never thought about patenting the pill. BlueMountain has decided to rebrand itself when it rolls out the new invention to the public in two months. It will be releasing a new company logo and marketing materials along with the launch. The client is very excited about its new invention, and is worried about protecting its intellectual property to ensure maximum profitability. Prepare a legal memorandum to the client on behalf of your attorney, explaining the following:
   • The process of filing a patent for the client’s new invention, cellulox, and why protection is needed
   • Conduct a patent search to learn if a patent is available for a cellulite reduction pill. The search can be conducted here: http://patft.uspto.gov/netahtml/PTO/search-adv.htm
   • The process of obtaining a trademark for the client’s new business logo and why protection is needed
   • The process of obtaining a copyright for the client’s invention’s marketing materials, and why protection is needed
   • Explain how the client can continue to protect its trade secrets moving forward after protections are in place.

Patents

• A patent for an invention is the grant of a property right to the inventor, issued by the United States Patent and Trademark Office. It grants the right to exclude others from taking the following actions with regards to the invention:
  • Making
  • Using
  • Offering for sale
  • Selling
  • Importing into the United StatesGenerally, the term of a new patent is 20 years from the date on which the application for the patent was filed. U.S. patent grants are effective only within the United States, U.S. territories, and U.S. possessions. A patent cannot be obtained upon a mere idea or suggestion. The patent is granted upon the new machine, manufacture, etc., as has been said, and not upon the idea or suggestion of the new machine. A complete description of the actual machine or other subject matter for which a patent is sought is required. The owner of the patent must enforce the patent themselves.There are three types of patents:
  1. Utility patents ay be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition or matter, or any new and useful improvement thereof
  2. Design patents may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture
  3. Plant patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant
     Reference
  • General Information Concerning Patents, United States Government Patent Trademark Office, Retrieved from: www.uspto.gov/patents-getting-started/general-information-concerning-patents#heading-24