Copyright Protection A third type of intellectual property is the copyright. A copyright protects literary and artistic “expression” as well as other types of informative media that derive their value from the particular manner in which the information is expressed. Books, musical works, plays, computer programs, paintings, sculptures, and movies are among the types of…
Trademark Infringement A trademark can be infringed even if the infringer is not using an identical mark. Trademark infringement occurs when another trademark is confusingly similar to the original trademark. Whether the two trademarks are confusingly similar depends on a number of factors, including: The existence of actual confusion in the marketplace between the trademarks;…
The overview that follows highlights key changes and provides sample disclosures for each item in the disclosure document required by the amended Rule. The Cover Page The disclosure document begins with a cover page that provides prospective franchiseeswith information about the franchise being offered for sale. The amended Rule updates theoriginal cover page to include…
The Federal Trademark Registration Process The registration of a trademark is not a mere formality. The applicant must first have used the trademark in association with goods or services in interstate commerce. The application process involves filing with the United States Patent and Trademark Office a fee, specimens of the trademark as it is actually…
Trademark Selection The selection of a trademark can be very important in terms of the trademark owner’s ability to obtain registration and prevent others from using the mark. Trademarks can generally be classified into four basic categories: (i) generic, (ii) descriptive, (iii) suggestive, and (iv) arbitrary. A generic trademark is really not a trademark at…
Are you interested in starting a franchise in Minnesota? An important first step is understanding the FTC’s amended Franchise rule. Note: This series of posts covering the admended Franchise Rule does not modify the amended Rule. It explains the requirements of the amended Rule. Moreover, it does not exhaustively cover every requirement contained in the…
The Table of Contents Each disclosure document must contain a table of contents, following the order and form set forth in the amended Rule. When preparing the table of contents, franchisors must state the page where each disclosure item begins and refer to any exhibits by letter. Note that, on this example of a franchise…
Sample General Media Financial Performance Representation Our Franchisees Earn $50,000 or More Per Year! Now, for a limited time in this area, Belmont Mufflers, Inc., is offering an opportunity for a self-motivated individual to join the ranks of independent entrepreneurs who have earned $50,000 a year.* Small investment needed. Seize the chance! ________________ * W…
Finding Someone To Manufacture And Distribute Your Invention Minnesota to disclose how many individuals who have come to that service for help have made money on the invention after contracting for the service. This number is usually quite small, such as 1 out of 500 or 1,000 people. If the service refuses to provide you…
A Patent Is Not A Guarantee That The Patented Invention Does Not Infringe Other Patents The issues of patentability and infringement are entirely separate. A patent granted by the U.S. Patent Office confers upon the owner the exclusive right to exclude others from “making, using, and selling” the patented invention. The issuance of the patent…
Enforcement Of Patent Rights A patent entitles the patent owner to prevent others from making, using or selling the patented invention within the United States for the term of the patent. While others may make the patented invention outside of the United States, they are not permitted to sell or use the patented invention within…
Opportunity For Prospective Franchisees to Review The Franchise Agreement Except in limited circumstances, the amended Franchise Rule eliminates the original Rule’s requirement that prospective franchisees always have at least five business days in which to review the completed franchise agreement. Under the amended Rule, it is only if the franchisor has unilaterally and materially altered…
Cost To Obtain Patent Protection The expenses associated with obtaining patent protection fall into two general categories: patent attorney fees and government fees, both of which are discussed below. Patent Attorney Fees Patent attorney fees include the cost of (i) drafting the patent application, (ii) completing the necessary formal documents, and (iii) drafting responses to…
Experimental Use A patent will be denied if an invention was in public use or on sale more than one year prior to the date of application. However, there is an exception to this rule known as “experimental use.” The “experimental use” exception permits some public use of the product by an inventor in order…
I have heard from a number of attorneys that scam artists are targeting lawyers claiming to need legal help. I have decided to posts these email messages here in case other attorneys receive them and wonder whether they are legitimate. There may be similar scams preying on other professions and businesses. How Does the Scam…
One Year Grace Period An inventor has a grace period of one year (in the United States) in which to file a patent application. During that one year period, an inventor may place his or her invention in public use or on sale without losing his or her right to apply for U.S. patent protection….
Identical Inventions Developed By Two Separate Inventors An “interference” is a proceeding instituted in the Patent and Trademark Office when two or more inventors are claiming the same patentable invention. An interference may be declared between two or more pending applications, or between one or more pending applications and one or more unexpired patents. In…
At What Point in The Sales Process Must a Franchisor Furnish The Disclosure Document? The amended Rule provides that franchisors must furnish prospective franchisees with a disclosure document at least 14 calendar days before the prospective franchisee signs a binding agreement with, or makes any payment to, the franchisor or an affiliate in connection with…
Options Available After Receiving A Final Rejection Continuing Application A continuing application is basically an original patent application that is refiled. The second application is entitled to the benefit of the filing date of the first application, and must be filed as a separate application before termination of proceedings on the prior application. Thus, after…
The Examiner’s Incentives The Patent Office evaluates its patent Examiners primarily according to the number of applications they process. Examiners, therefore, have no incentive to spend very much time on any one application, as it is to their benefit to process applications as quickly as possible. The Examiner typically does not take the time to…
Ways of Furnishing Disclosure Documents The amended Rule expressly permits franchisors to furnish disclosure documents by any method they wish, including electronically. While a disclosure document must still be “in writing,” that term is defined broadly as “any document or information in printed form or in any form capable of being preserved in tangible form…
Examination Of The Patent Application By The Patent Office An application filed in the Patent and Trademark Office is assigned for examination to a group of patent Examiners having responsibility for the category of inventions to which the application relates. The Examiner is charged with making a thorough study of the application and all of…
Patent Application Components A patent application can only be filed with the Patent Office by the actual inventor or his or her representative. The basic elements of a patent application are as follows: A specification, including a claim or claims; Drawings, when necessary; An oath or declaration; and A filing fee. Patent Specification A specification…
There are several major hurdles an inventor must overcome before patent protection can be obtained. First, the applicant for patent must be able to demonstrate that he or she has developed a new, useful, and not obvious process or product. Since a patent cannot be obtained unless the invention is new, the invention must not…
Who is Responsible For Furnishing Disclosure Documents? Franchisors (including any subfranchisors) are responsible for furnishing disclosure documents to each prospective franchisee. A “prospective franchisee” is “any person (including any agent, representative, or employee) who approaches or is approached by a franchise seller to discuss the possible establishment of a franchise relationship.” Accordingly, franchisors do not…
Basic Types Of Intellectual Property Protection There are four basic types of intellectual property protection: patent trademark protection copyright protection and trade secret. Each will be discussed in order over the course of several posts. Patent Protection The United States patent system was created to help achieve various socially desirable goals. By providing an inventor…
Small Business Exemption From Rules Minn. Stat. 14.127 provides a procedure for small businesses or small cities to claim exemption from certain state rules. Under the statute, an agency must determine if the cost of complying with a proposed rule in the first year after the rule will take effect will exceed $25,000 for a…
Access To The Regulatory Process The Legislature delegates to state administrative agencies, commissions and boards, the authority to make rules to implement the laws administered and enforced by the agencies commissions and boards. (Note that the Governor has the power to veto all or part of an adopted rule.) The process by which these rules…
Disclosure Compliance Obligations The Rule specifies who must prepare the disclosures, who must furnish them to prospective franchisees, how franchisees receive the disclosures, and how long franchisees must have to review the disclosures and any revisions to the standard franchise agreement. Who is Responsible For Preparing Disclosure Documents? Franchisors are responsible for preparing disclosure documents….
Using Professional Advisors Even before beginning the environmental evaluation, the entrepreneur often will decide whether to perform that evaluation himself or herself, or engage an accountant or attorney to assist him or her. Professional advisors, such as attorneys and accountants, can greatly enhance an entrepreneur’s review of a potential business. This is true for at…