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Protecting Your Software Development

Protecting Your Software Development

Patents
Many companies thrive by developing software - whether the software is for in-house operations or for sale. One way to protect your software ownership is to apply for a patent with the U.S. Patent and Trademark Office (USPTO) or for a copyright from the United States Copyright Office. The patent application process can be complicated and time-consuming, but new software is also time-consuming and complex, so it is worthy of protection. Seek help from a patent lawyer in Orlando who can handle the patent process for you. Software Patents and Copyrights A software patent can be granted for software designs deemed non-obvious and novel. You can also seek a copyright to protect the expression of your design through tangible code. Whether another party tries to steal your idea or repurpose…
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Types of Copyright Infringement

Types of Copyright Infringement

Copyright
When you have a copyright, other parties can infringe on your ownership rights in different ways. Each copyright infringement case is unique, and you want to have the right copyright lawyer in Orlando handling your case. The following are some examples of what copyright infringement claims might allege. Infringement of the right of reproduction - This claim arises when another party reproduces copies of your copyrighted work in a fixed form without permission from the copyright owner. Infringement of the right of distribution - This means that someone else had copies of the copyright and sold or distributed them to others without license from the copyright owner. Infringement of the right to derivative works - You can bring this claim when someone creates a new work that is based on…
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Recovering Damages for Patent Infringement

Recovering Damages for Patent Infringement

Patents
People and companies obtain patents to protect their inventions, formulas, and similar designs. Such protection is important because if others use your invention, you can lose money, and the other party can wrongfully gain from the misappropriation. Once you have a patent, you can take legal action to recover damages if someone infringes on your patent. So, what damages might be available in a patent infringement claim? This will depend on the details of the situation, though categories of possible damages include: Reasonable royalties - Generally, if someone is licensed to use your patent, they would pay you royalties in return for the license. Successful infringement claims can result in an award of reasonable royalties that reflect the fair market value of what the infringer would have paid for a…
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Machines Cannot be Inventors

Machines Cannot be Inventors

Invention
Last year, a human filed a patent application for an invention, though this application was different because the inventor listed was not the human - it was a machine. The invention was called “Devices and Methods for Attracting Enhanced Attention,” and the inventor was a so-called creativity machine referred to as “DABUS Invention Generated by Artificial Intelligence. The man filing the application claimed he was the legal representative of DABUS, though he did not sign his own oath or declaration as inventors must do as part of the application. So, what happened to this application? Can a machine be an inventor and gain patent rights? As of now, the answer is “no,” since the United States Patent and Trademark Office (USPTO) denied the application. The applicant claimed that DABUS was…
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Patent Issues Regarding COVID-19 Vaccines

Patent Issues Regarding COVID-19 Vaccines

Patents
With the novel coronavirus threatening the lives of many Americans, as well as the crisis causing widespread economic damage, medical researchers across the country - and the world - are racing to develop a successful vaccine. When a company succeeds, how will they protect their formula? Patent Evaluation The patent process can take nearly two years to complete, and it requires no public disclosure of the development. However, it is imperative that various companies are able to mass-produce a vaccine so we can distribute it as soon as possible. Even the prioritized examination process takes up to 12 months. The United States Patent and Trademark Office (USPTO) announced a new pilot program in regard to COVID-19 developments that waives fees and aims to shorten the time period to six months.…
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What is a Patent Demand Letter?

What is a Patent Demand Letter?

Patents
If someone is suspected of infringing on patent rights, the first step is often to send them a demand letter. If done properly, a demand letter is often all you need to resolve the matter, especially if the letter comes from a patent lawyer in Orlando. There are different approaches when it comes to the demand letter, and this communication might include: Inquiries regarding the product in question and whether it includes a particular patent Offers to license the use of the patent as a jumping-off point of negotiations, which can prevent litigation and result in favorable licensing agreements A cease and desist letter that demands payments of royalties or discontinuation of the patent use When a demand letter comes from a patent attorney, it sends the message that the…
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What are Trade Secrets?

What are Trade Secrets?

Trade Secrets
If you have an invention, design, or other information that is key to the success of your business, it is important to know that patents, trademarks, and copyrights are not your only options for intellectual property protections. Instead, you might be able to take certain steps to protect them as trade secrets. This means you do not have to disclose your design or formula to the public in order to obtain ownership protection. Trade secrets can involve physical devices, formulas, processes, ideas, patterns, and collections of information. In order to qualify as a trade secret, the information must: Provide you with a competitive advantage in your market Be handled in a manner that reasonably keeps the information confidential from competitors or the public If information meets the above criteria, it…
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Protecting Your Invention

Protecting Your Invention

Invention
Coming up with a new invention is an exciting time. You might know that you have a product that will be successful, but it is imperative that you take certain steps to protect your invention and ensure success. Two important steps include patenting your invention and trademarking your brand. Patents Applying for a patent can be a complex task. You first need to make sure that your invention is patentable before you go through the process. Often, even if your invention is patentable, your application can be denied due to insufficient supporting documents or information. Obtaining a patent takes time and resources, so you want to have proper legal assistance throughout this process. In many cases, inventors might obtain a provisional patent first to shop their product around, and might…
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Can You Trademark Something “Scandalous”?

Can You Trademark Something “Scandalous”?

Trademark
For decades, the Lanham Act prohibited trademarks that were “immoral” or “scandalous.” The law left it up to the U.S. Patent and Trademark Office (USPTO) to determine when an application involved a scandalous mark, and the USPTO would deny trademark applications accordingly. Now, however, an applicant has appealed his denial all the way to the Supreme Court of the United States (SCOTUS), and SCOTUS effectively struck down the ban on scandalous trademarks. In the case of Iancu v. Brunetti, a clothing designer appealed the repeated denial of his application to trademark the name of his clothing brand, which was the acronym F.U.C.T. The USPTO had been denying his applications since the 1990s based on “scandalous” content. SCOTUS, however, ruled in a 6-3 decision that the law banning immoral or scandalous…
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What is a Provisional Patent?

What is a Provisional Patent?

Uncategorized
When you create an invention or design, you likely want to protect your creation from misappropriation, which often involves obtaining a patent. The patent application process can be lengthy and costly, however, so many people fail to protect their idea. If you are not the first person to patent a design, you lose your opportunity to do so. In addition, you might not want to start a patent application because you do not know if your idea is marketable, whether you can afford to promote or produce it, and other reasons. The good news is that there is another option before you get a patent, which is called a provisional patent. Overview of Provisional Patents A provisional patent allows you to claim “patent pending” status before you obtain a full…
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