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Is Your Invention Patentable?

Is Your Invention Patentable?

Invention
There's a strict legal definition of what is considered patentable. According to the United States Patent and Trademark Office, you may obtain a patent for any "new and useful process, machine, manufacture or composition of matter.” A patent means that you, and you alone, have the right to use this invention. Not everything can be patented. Otherwise, you would wrongfully get unlimited rights to something that others should have the ability to use. There are four broad categories of inventions that can be patented: A combination of steps or methods Something that is manufactured from materials A machine that is a combination of parts A composition of matter to make a new substance Your patent should be novel work that you have done. There are certain things that may be…
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What Businesses Need Intellectual Property Protections?

What Businesses Need Intellectual Property Protections?

Intellectual Property
As a business owner, you have a lot to deal with. One thing on your list should be intellectual property protections, as most companies need them. If you are unsure what protections are available or need assistance seeking them, consult with an Orlando IP lawyer as soon as possible. Products or Designs Does your company sell products? If so, every invention you sell should be patented first. The same goes if your company designed new software or came up with an improvement to existing products or programs. Some companies might start with a provisional patent application, while others will start with the full patent application. In either case, you should have legal guidance through this process. Creative Works Does your company have creative works, such as writings, musical recordings, designs,…
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Types of Patent Infringement

Types of Patent Infringement

Patents
If you have patent rights, you might have an individual or company trying to infringe on them. There are different types of patent infringement that might occur. Direct - Direct infringement involves producing, selling, using, or importing the patented object without the proper license. This is a willful type of infringement. Indirect - This infringement can involve inducing patent infringement or contributing to infringement (discussed below). Parties can be liable for indirect infringement even if they were not part of the original infringement. Willful - Someone willfully infringes on a patent when they know a patent exists and completely disregards the patent protections and restrictions. When infringement is willful, the infringing party can face harsher penalties in court. Induced - A party might aid or assist in patent infringement by…
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How IP Can Launch Your Business

How IP Can Launch Your Business

Intellectual Property
When you think about starting a successful business, you might focus on your accounting, pricing, and how you can rake in the most money as quickly as possible. You might not consider how your company’s intellectual property can help launch your business on the path to success. Inventions, branding, and other IP are often worth more than anything else at the start of a business. This IP can be your most valuable asset, as well as grow exponentially in value as your company grows. It is essential that you protect your intellectual property and use it to your advantage as you begin your business. Branding your business Without attention-catching branding, how will potential customers notice your company? Everyone notices Nike’s swoosh and Apple’s simple yet highly recognizable logo on all…
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IP Protections for Small Businesses

IP Protections for Small Businesses

Intellectual Property
If you are the owner of a small business or plan to start a company in 2022, you should consider your options for protecting your company’s intellectual property. The following are possible protections that might work for small businesses. Patents - If your business is built around an invention or other novel software or product, you might qualify for a patent. There are utility, design, and plant patents, and our Orlando patent lawyer can advise you which one is appropriate for you. The application process can be complicated and extensive, so you want legal help throughout this process. Trademarks - You might spend a lot of time and energy building your brand, including the company name, logos, symbols, and other designs that identify you and what you do. You do…
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The Benefits of Patent Protection

The Benefits of Patent Protection

Patents
You have worked very hard for your intellectual property. You have invested time and money in developing it, and now you want to reap the benefits of it. However, if you do not take steps to protect it, others may use it for their own benefits. As an individual or business owner, you must do everything that you can to secure your intellectual property. These steps can include: Trademarks - protects words, phrases, symbols, or designs Patents - covers an invention, such as a product or process Copyrights - Protects and gives distribution rights to a composition Chances are that you will need one or more of these for your intellectual property. These give you the exclusive right to your IP. If someone else tries to use your invention or…
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Patent Rights for Co-Inventors

Patent Rights for Co-Inventors

Patents
Sometimes, two minds are certainly better than one, and partners work together to invent something novel. While collaborating might have been beneficial during the design process, it can complicate matters when it comes to protecting the design as intellectual property. Can two inventors share patent ownership? What happens if there is a dispute? Always discuss this situation with an Orlando patent lawyer. Equal Rights for Co-Owners The law provides all co-owners with the same rights to the patent, whether they played a major or minor role in the conception of the invention. Sometimes, when many people contributed, it can be difficult to determine who was part of the conception or not. However, representing accurate inventorship can result in serious problems should someone challenge the patent in court. Additional issues may…
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What if Your Child Invents Something?

What if Your Child Invents Something?

Patents
Children often have wild imaginations, which can be beneficial for the world when kids invent things that make our lives easier or even work to save lives. If your child invents something, never assume that it is simply a cute childhood pipe dream, as many child inventors go on to find success with their products. It is important to protect your child’s invention just like you would any other, and it is always wise to discuss your options with an Orlando patent lawyer if you believe in the potential of the invention. The following are some examples of child inventions that are now part of our everyday culture. Trampoline - A 16-year-old invented the first “bouncing rig” in 1930, which morphed into the modern-day trampoline that many people have in…
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Who Should You Tell About a New Invention?

Who Should You Tell About a New Invention?

Invention
When you are working on a new invention, there are definite risks to loose lips. Until you patent the invention, your intellectual property is at risk. Therefore, you should be very careful about whom you tell. Your rights to your own work are at stake. Many inventors will try to insist on a non-disclosure agreement before they talk to anyone about their invention. This does not always work, as some of the people who you need to speak with (investors, licensees) do not make it a practice to sign an NDA. The balance of power is often in favor of the people who you need to make your invention work, so they do not need to do what they do not want. Patents Are Given to the First to File…
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Applying for a Provisional Patent

Applying for a Provisional Patent

Patents
There are times that you need to plant your flag, even before you obtain a patent. In some cases, the perception of ownership may be enough to frighten away competitors. One way to do this is through a provisional patent application (PPA). A PPA gives you time to test the market. You may not know whether it is worth it to file a full-fledged patent application. With a PPA, you have the ability to mark your invention as “patent pending,” the same as you would if you applied for a normal patent. How to Apply for a Provisional Patent The process of applying for a PPA is much more streamlined. In fact, there are only three things that you need to do: Perform a patent search for inventions that are…
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