1. Patent Basics Stuart J. West, P.E. West & Associates A Professional Corporation 2815 Mitchell Drive, Suite 209 Walnut Creek, CA 94598 Tel: 925.465.4603 Fax: 925.944.9598

2. Topics Presented How Long Does It Take To Get A Patent? How Long Does It Take To Get A Patent? How Much Does It Cost To Get A Patent? How Much Does It Cost To Get A Patent? What Does A Patent Get Me? What Does A Patent Get Me? When Should I File For A Patent? When Should I File For A Patent? Can I Protect My Idea Without A Patent? Can I Protect My Idea Without A Patent? Do I Need A Patent Lawyer? Do I Need A Patent Lawyer?

3. How Long To Get A Patent The first answer is, as you might expect, it depends. The first answer is, as you might expect, it depends. However, in general most patents are issued within about 30 to 36 months from the date of filing. However, in general most patents are issued within about 30 to 36 months from the date of filing. BUT, patents related to software are currently taking about 4 years. BUT, patents related to software are currently taking about 4 years. BUT, patents related to food and/or mechanical items are currently taking about 18 – 24 months. BUT, patents related to food and/or mechanical items are currently taking about 18 – 24 months.

4. Costs Once again, this can vary depending on the complexity of the invention Once again, this can vary depending on the complexity of the invention However, typical simple inventions have the following approximate average costs However, typical simple inventions have the following approximate average costs Preparing and Filing Application: $3,800 Preparing and Filing Application: $3,800 Corresponding with Patent Office: $1,800 Corresponding with Patent Office: $1,800 Patent Issuance Fees: $1,000 Patent Issuance Fees: $1,000 Maintenance Fees: $500, $1000, $2000 Maintenance Fees: $500, $1000, $2000 Due at 3 ½, 7 ½ & 11 ½ Years after patent is issued. These are required to keep your patent in force. Due at 3 ½, 7 ½ & 11 ½ Years after patent is issued. These are required to keep your patent in force. Costs to Prepare, File and Correspond With The Patent Office Can Vary Widely Depending On the Level of Complexity of Your Invention. Costs to Prepare, File and Correspond With The Patent Office Can Vary Widely Depending On the Level of Complexity of Your Invention.

5. What Do I Get? A Patent IS the right to stop others from making, using, selling or importing your invention. A Patent IS the right to stop others from making, using, selling or importing your invention. A Patent is NOT the right to make or use your invention. A Patent is NOT the right to make or use your invention. Example: Example: Lets say Alexander Graham Bell invented the telephone and got a patent on it and you invented a telephone with a flashing light (for hard of hearing people) and got a patent on it. In order to make and sell your telephone with a flashing light, you would need to get a license from Mr. Bell for the basic telephone. Mr. Bell could make and sell his telephone (without the flashing light) without your permission. However, he could not make a telephone with a flashing light without your permission. Lets say Alexander Graham Bell invented the telephone and got a patent on it and you invented a telephone with a flashing light (for hard of hearing people) and got a patent on it. In order to make and sell your telephone with a flashing light, you would need to get a license from Mr. Bell for the basic telephone. Mr. Bell could make and sell his telephone (without the flashing light) without your permission. However, he could not make a telephone with a flashing light without your permission.

6. When Should I File? The simple answer is, BEFORE you make any public disclosures about your invention. The simple answer is, BEFORE you make any public disclosures about your invention. However, if you ONLY want a US patent and are willing to FOREVER GIVE UP all foreign rights, you can file your patent application up to 1 year after you first publicly disclose your idea or after you first sell your idea. However, if you ONLY want a US patent and are willing to FOREVER GIVE UP all foreign rights, you can file your patent application up to 1 year after you first publicly disclose your idea or after you first sell your idea. This does not mean that you should wait until one year passes before you contact a patent attorney. You should contact a patent attorney as soon as you know you want to file a patent application. This does not mean that you should wait until one year passes before you contact a patent attorney. You should contact a patent attorney as soon as you know you want to file a patent application.

7. Alternatives to Patents! Trade Secrets Trade Secrets If you can keep your idea a secret and still profit from it, you could benefit from keeping it as a trade secret. However, once anyone figures your idea out, they can use it and you have no protection. If you can keep your idea a secret and still profit from it, you could benefit from keeping it as a trade secret. However, once anyone figures your idea out, they can use it and you have no protection. Copyrights Copyrights If your idea has some artistic expression (sculpture, design, book, software source code, etc.), you may be able to protect it via copyright. Copyright protections last longer than patent protection, but are generally considered weaker than patent rights. If your idea has some artistic expression (sculpture, design, book, software source code, etc.), you may be able to protect it via copyright. Copyright protections last longer than patent protection, but are generally considered weaker than patent rights. Invention Registrations Invention Registrations An invention registration simply allows you to make your invention public and it puts you on record as the inventor. Invention registrations really do not offer any protection. An invention registration simply allows you to make your invention public and it puts you on record as the inventor. Invention registrations really do not offer any protection. Trademarks Trademarks If you have a name or symbol that is associated with your creation that you would like to prevent others from using, you may be able to protect the name or symbol by obtaining a trademark registration. If you have a name or symbol that is associated with your creation that you would like to prevent others from using, you may be able to protect the name or symbol by obtaining a trademark registration.

8. Do I Need a Patent Lawyer? If you plan on filing a patent application, then the answer is YES! If you plan on filing a patent application, then the answer is YES! The process of obtaining a patent can best be described as a daunting and challenging task for a person not trained in the patent law and the procedures of the Patent and Trademark Office. The process of obtaining a patent can best be described as a daunting and challenging task for a person not trained in the patent law and the procedures of the Patent and Trademark Office. The consequences of making a mistake in obtaining a patent are serious and likely permanent. The consequences of making a mistake in obtaining a patent are serious and likely permanent. Do you know the legal difference between comprising and consisting or the legal difference between wherein and whereby? If you dont know the answers to these questions then you are playing with fire by drafting or prosecuting a patent application without the help of an experienced patent attorney. Do you know the legal difference between comprising and consisting or the legal difference between wherein and whereby? If you dont know the answers to these questions then you are playing with fire by drafting or prosecuting a patent application without the help of an experienced patent attorney.

9. Copyright Basics By: Stuart J. West, P.E. Attorney at Law West & Associates A Professional Corporation 2815 Mitchell Drive, Suite 209 Walnut Creek, CA 94598 Tel: (925) 465-4603 Fax: (925) 944-9598

10. Topics Presented How Long Does It Take To Get A Copyright Registration? How Long Does It Take To Get A Copyright Registration? How Much Does It Cost To Get A Copyright Registration? How Much Does It Cost To Get A Copyright Registration? What Does A Copyright Registration Get Me? What Does A Copyright Registration Get Me? When Should I File For A Copyright Registration? When Should I File For A Copyright Registration? Can I Protect My Creation Without A Copyright Registration? Can I Protect My Creation Without A Copyright Registration? Do I Need A Lawyer? Do I Need A Lawyer?

11. How Long To Get A Copyright There are two options available through the Copyright office There are two options available through the Copyright office Expedited Service (with added fees)--$730 Filing Fee Expedited Service (with added fees)--$730 Filing Fee Copyright should register within 2 - 3 weeks (max.) Copyright should register within 2 - 3 weeks (max.) Regular Service (normal fees)--$45 Filing Fee Regular Service (normal fees)--$45 Filing Fee Copyright should register within about 6 months. Copyright should register within about 6 months. However, under an international treaty (The Paris Convention), you have some copyright rights even before you file your application for registration. These rights attach to your work of art at the time they are fixed in a tangible means of expression. That means, when you write it down, record it, or actually make it. However, under an international treaty (The Paris Convention), you have some copyright rights even before you file your application for registration. These rights attach to your work of art at the time they are fixed in a tangible means of expression. That means, when you write it down, record it, or actually make it.

12. What Do I Get? Right to Sue Right to Sue In order to have the right to sue, the plaintiff must either have a copyright registration or have been refused registration. In order to have the right to sue, the plaintiff must either have a copyright registration or have been refused registration. Enhanced Damages Enhanced Damages If you have registered your copyright, you can obtain statutory damages for infringement If you have registered your copyright, you can obtain statutory damages for infringement Without registration, you are limited to actual and demonstrated lost revenue. Without registration, you are limited to actual and demonstrated lost revenue. Possible Governmental Assistance Possible Governmental Assistance Copyright infringement is a criminal offense. Copyright infringement is a criminal offense.

13. When Should I File? It Depends It Depends If you feel that the work will be highly desirable to pirates or its value may be severely compromised by any unauthorized publication If you feel that the work will be highly desirable to pirates or its value may be severely compromised by any unauthorized publication the file within 3 Months of publication. the file within 3 Months of publication. If you are uncertain about the desirability of your work, then you can adopt a wait and see strategy If you are uncertain about the desirability of your work, then you can adopt a wait and see strategy You can file any time after publication and make use of the expedited procedure if necessary. You can file any time after publication and make use of the expedited procedure if necessary.

14. Protection Without Copyright Filing If the work is software, it may be protectable under patent law. If the work is software, it may be protectable under patent law. However, these patents have questionable validity overseas. However, these patents have questionable validity overseas. The wait-and-see strategy is adopted by a lot of clients. The wait-and-see strategy is adopted by a lot of clients. Filing the application within 3 months of first publication does not impact rights in any way. Filing the application within 3 months of first publication does not impact rights in any way.

15. Do I Need a Lawyer? Yes and No. Yes and No. If your copyright filing is simple and the work is one clearly identified as a copyrightable work, then you can probably handle the filing yourself. If your copyright filing is simple and the work is one clearly identified as a copyrightable work, then you can probably handle the filing yourself. If your copyright is filing is complex or the work is not clearly copyrightable subject matter (part of a functional item or in a gray area) then you should at least consult an attorney and may wish to have them make the filing. If your copyright is filing is complex or the work is not clearly copyrightable subject matter (part of a functional item or in a gray area) then you should at least consult an attorney and may wish to have them make the filing.

16. Trademark Basics By: Stuart J. West, P.E. Attorney at Law West & Associates A Professional Corporation 2815 Mitchell Drive, Suite 209 Walnut Creek, CA 94598 Tel: (925) 465-4603 Fax: (925) 944-9598

17. Topics Presented What Kinds of Trademarks Are There? What Kinds of Trademarks Are There? How Long Does It Take To Get A Trademark? How Long Does It Take To Get A Trademark? How Much Does It Cost To Get A Trademark? How Much Does It Cost To Get A Trademark? What Does A Trademark Get Me? What Does A Trademark Get Me? When Should I File For A Trademark? When Should I File For A Trademark? Can I Protect My Name Without A Trademark? Can I Protect My Name Without A Trademark? Do I Need A Patent Lawyer? Do I Need A Patent Lawyer? What Can West & Associates Do For Me? What Can West & Associates Do For Me?

18. Types of Trademarks Federal ® Federal ® Trumps all other marks Trumps all other marks State-TM State-TM Only valid within state Only valid within state Common Law-TM Common Law-TM Only valid to the geographic extent that the mark is used. Only valid to the geographic extent that the mark is used.

19. How Long To Get A Trademark The first answer is, as you might expect, it depends. The first answer is, as you might expect, it depends. Federal Marks Federal Marks Barring any problems, about 15 - 18 Months Barring any problems, about 15 - 18 Months 7 Months for examination 7 Months for examination 3 Months to get to Publication 3 Months to get to Publication 1 Month in Publication 1 Month in Publication 4 Months after Publication to Issue 4 Months after Publication to Issue State Marks State Marks Barring any problems, about 7 days – 1 month. Barring any problems, about 7 days – 1 month. Common Law Common Law You have rights the minute you mark your mark as an intended Trademark. You have rights the minute you mark your mark as an intended Trademark.

20. Costs Federal Filing Fees Federal Filing Fees $275 using a predefined goods description $275 using a predefined goods description Generally not advised. Generally not advised. $325 using a free-form goods description $325 using a free-form goods description Statement of Use Fee--$100 Statement of Use Fee--$100 Renewal Fees--$400 Renewal Fees--$400 State Filing Fees State Filing Fees Depends upon State: CA - $70 Depends upon State: CA - $70 Common Law Common Law Whatever is costs to add Whatever is costs to add

21. What Do I Get? A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods or services of one party from those of others. A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods or services of one party from those of others. A Federal Trademark gives you the rights to stop others from using your mark or a confusingly similar mark in association with the same or similar goods/services. A Federal Trademark gives you the rights to stop others from using your mark or a confusingly similar mark in association with the same or similar goods/services. A State Trademark provides the same rights as a Federal mark, except only within the state. A State Trademark provides the same rights as a Federal mark, except only within the state. Common Law mark rights depend upon the State laws. Common Law mark rights depend upon the State laws.

22. When Should I File? As a practical matter, shortly after you finalize your mark. As a practical matter, shortly after you finalize your mark. However, you can file at any time. There is no harm that will come to your mark by waiting, except someone could beat you to the punch. However, you can file at any time. There is no harm that will come to your mark by waiting, except someone could beat you to the punch. Our Firm usually recommends that you file your Federal application once you have finalized the mark and before a first public use. Our Firm usually recommends that you file your Federal application once you have finalized the mark and before a first public use. Worst case scenario, we recommend filing the same day as a first public use or very shortly thereafter. Worst case scenario, we recommend filing the same day as a first public use or very shortly thereafter.

23. Do I Need a Lawyer? While the filing process for a Federal Trademark is relatively easy, we generally recommend that you at least consult an attorney and, depending on changes, have them file it. While the filing process for a Federal Trademark is relatively easy, we generally recommend that you at least consult an attorney and, depending on changes, have them file it. Common problems with marks selected by clients: Common problems with marks selected by clients: The mark is TOO DESCRIPTIVE The mark is TOO DESCRIPTIVE The description of Goods/Services is too narrow The description of Goods/Services is too narrow The mark has been filed in color The mark has been filed in color The same or a similar mark exists at the State Level The same or a similar mark exists at the State Level An office action is received and the person doesnt know how to address it and the allows the mark to go abandoned. An office action is received and the person doesnt know how to address it and the allows the mark to go abandoned.

24. Alternatives? Trade Secrets Trade Secrets If you can keep your idea a secret and still profit from it, you could benefit from keeping it as a trade secret. However, once anyone figures your idea out, they can use it and you have no protection. If you can keep your idea a secret and still profit from it, you could benefit from keeping it as a trade secret. However, once anyone figures your idea out, they can use it and you have no protection. Copyrights Copyrights If your idea has some artistic expression (sculpture, design, book, software source code, etc.), you may be able to protect it via copyright. Copyright protections last longer than patent protection, but are generally considered weaker than patent rights. If your idea has some artistic expression (sculpture, design, book, software source code, etc.), you may be able to protect it via copyright. Copyright protections last longer than patent protection, but are generally considered weaker than patent rights. Invention Registrations Invention Registrations An invention registration simply allows you to make your invention public and it puts you on record as the inventor. Invention registrations really do not offer any protection. An invention registration simply allows you to make your invention public and it puts you on record as the inventor. Invention registrations really do not offer any protection. Trademarks Trademarks If you have a name or symbol that is associated with your creation that you would like to prevent others from using, you may be able to protect the name or symbol by obtaining a trademark registration. If you have a name or symbol that is associated with your creation that you would like to prevent others from using, you may be able to protect the name or symbol by obtaining a trademark registration. Patents Patents A relatively strong form of protection, but difficult to obtain, can take a long time obtain and it is usually far more costly than other forms of protection. A relatively strong form of protection, but difficult to obtain, can take a long time obtain and it is usually far more costly than other forms of protection.

25. What Can West & Associates Do For You? West & Associates specializes in the preparation and prosecution of patent applications before the United States Patent and Trademark Office and various other international Patent Offices. Our team of experts will competently guide your patent application through the procedural and legal minefields of the United States and/or foreign National Patent Offices. West & Associates specializes in the preparation and prosecution of patent applications before the United States Patent and Trademark Office and various other international Patent Offices. Our team of experts will competently guide your patent application through the procedural and legal minefields of the United States and/or foreign National Patent Offices. West & Associates can also prepare and file Trademark and/or Copyright applications, as appropriate. West & Associates can also prepare and file Trademark and/or Copyright applications, as appropriate. Finally, West & Associates can assist you in negotiating and drafting license agreements to exploit your idea. Finally, West & Associates can assist you in negotiating and drafting license agreements to exploit your idea.

26. Contact Us Stuart J. West West & Associates A Professional Corporation 2815 Mitchell Drive, Suite 209 Walnut Creek, CA 94598 Tel: 925.465.4603 Fax: 925.944.9598 e-mail: swest@westpatentlaw.com www.westpatentlaw.com