Practice Areas
Intellectual Property Law Overview
Patents
A patent gives a patent holder certain property rights in that a patent holder has the right to exclude others from making, using, selling, offering for sale, and importing the patented invention. There are three types of patents: utility patents, plant patents, and design patents.
By statute, an inventor may obtain a utility patent on a "new and useful process, machine, manufacture, or composition of manner, or any new and useful improvement thereof." For example, mechanical and electrical devices, manufacturing or processing methods, software, Internet methods, business methods, casino game methods, and chemical compositions may be eligible for utility patent protection.
A plant patent may be obtained for a distinct and new variety of asexually reproducing plant.
A design patent may be obtained for a new, original, ornamental design for an article of manufacture.
Utility, plant, and design patents are granted by the United States Patent and Trademark Office only after a patent examiner determines that the invention claimed in the patent is novel and non-obvious in view of the prior art.
Trademarks
Trademarks protect any designator of the source of goods or services. For example, words, such as a company or product name; designs, such as logos; stylized words; short slogans; packaging; product configuration; or sounds may function as a trademark. Trademark rights allow the trademark holder to prevent others from using designations likely to cause consumer confusion. Unlike patents and copyrights, which are governed by federal law, trademarks are governed by common law, state statute, and federal law.
Copyrights
Copyrights protect original and creative works of authorship. For example, literary works, sound recordings, two-dimensional or three-dimensional visual works, motion pictures, and software source code may be copyrighted. Copyright is governed exclusively by federal law. Copyright can be used to prevent direct copying of works as well as creation of derivative works.
Anderson & Morishita, L.L.C.
2725 S. Jones Blvd., Suite 102
Las Vegas, Nevada 89146
Phone: (702)222-2113
Fax: (702)227-0615
firm@andersonmorishita.com
