Blog - Daniel Law Offices, P.A.

27Apr 2020 by Pat Geddie

What is a Patent Demand Letter?

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…

31Mar 2020 by Pat Geddie

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…

05Mar 2020 by Pat Geddie

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…

30Jan 2020 by Pat Geddie

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…

30Dec 2019 by Pat Geddie

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…

20Nov 2019 by Pat Geddie

Steps of the Patent Process

Patents

If you believe you need patent protection for a new invention you conceived, there are several steps of the process. It is important to have the assistance of a qualified patent lawyer in Florida every step of the way to increase your chances of success. Is a patent the right type of protection? First things first, you need to make sure that a patent is the appropriate form of intellectual property protection for your situation. There are other types of protections, including trademarks, copyrights, and trade secrets that might apply. Is your invention or idea patentable? The United States Patent and Trademark Office (USPTO) has strict guidelines under the law regarding what can qualify for a patent or not. First, you cannot patent something that is already patented or that…

16Oct 2019 by Pat Geddie

Patent Infringement Case Regarding Fitness Bikes

Patents

Fitness startup Peloton Interactive has achieved significant success in recent years with its in-home fitness bikes and video subscription that brings fitness classes into your living room. In early October, Peloton filed a lawsuit against a company called Echelon Fitness, claiming that Echelon is infringing on Peloton’s patent and affecting the company’s sales. Echelon sells similar fitness bikes for homes, as well as a subscription service. In addition, Peloton claims the following: Echelon produces cheap copycat bikes that are nowhere near the quality of the Peloton bike Echelon uses false comparisons to Pelaton in its advertising to convince customers they are getting the same product for a much better price (Echelon bikes start at $799 while the Peloton experience costs more than $2200) Peloton claims that because of Echelon’s deceptive…

16Sep 2019 by Pat Geddie

Does Your Invention Qualify for a Patent?

Patents

When you invent something new, you likely want to protect your design to ensure no one else misappropriates it and wrongfully profits from it. One way to do so is to apply for a patent that protects your ownership of your invention. However, just because you believe you invented something new and innovative does not mean it will necessarily qualify for a patent. The United States patent laws have strict requirements for what might qualify for protection, and you should discuss your invention with a patent attorney in Orlando right away. Requirements for a Patent The requirements for the U.S. Patent and Trademark Office (USPTO) to approve your patent are complex, but the following is a basic overview for a utility patent: Your invention provides a utility, meaning it is…

19Aug 2019 by Pat Geddie

Tips to Monetize Your Invention

Uncategorized

Many people have great ideas for inventions, though not everyone makes a profit as a result. This is often because inventors might be unsure how to monetize their idea and turn it into a business. The following are only some tips toward success, and you should not wait to seek invention help from an experienced invention lawyer in Florida. Do Your Research Is there a market for your specific invention? Do people need or want this product? What will the competition be like? These are all important questions to answer to know whether your invention may be a success story. Conduct internet research, ask friends and family members, and more. Protect Your Invention As you discuss your invention with different people or companies, there is always the chance they will…

15Jul 2019 by Pat Geddie

New Inventions in 2019

Patents

Many people have ideas for inventions, and some people take the steps to make them a reality and change the way the world works. The following are some examples of innovative inventions so far in 2019. If you are inspired to develop your own invention, you should speak with a skilled patent lawyer in Orlando today. Adaptive Controller for Xbox Microsoft engineers designed a controller for Xbox that allows individuals with limited mobility in their arms and hands to be included in gaming. The device was inspired by cerebral palsy advocacy groups. The Mirror You can hang this mirror in your home, and when you are ready to work out, the mirror will stream live workouts and provide inspiration from a fitness coach who appears in the “mirror.” This is…

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What is a Patent Demand Letter?

What are Trade Secrets?

Protecting Your Invention

Can You Trademark Something “Scandalous”?

What is a Provisional Patent?

Steps of the Patent Process

Patent Infringement Case Regarding Fitness Bikes

Does Your Invention Qualify for a Patent?

Tips to Monetize Your Invention

New Inventions in 2019

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