Blog - Page 13 of 18 - Daniel Law Offices, P.A.

27Feb 2023 by Pat Geddie

The Intersection of Trademarks, Copyrights, and Patents

Trademarks, copyrights, and patents employ different processes for approval or registration. In general, these are protections for different types of intellectual property. There may be some times when you have a question about which one fits your intellectual property the best. While there is little overlap between the three categories, there are times when a work can be on the line of what type of protection you need. One way in which trademarks and copyrights may intersect is when you have a brand logo. On the one hand, it may be a work of art that would be protected by a copyright. On the other hand, a brand logo would represent the public’s association with your brand and be a part of your goodwill. Here, you would get broader protection…

27Feb 2023 by Pat Geddie

Navigating Patent Infringement Lawsuits: What You Need to Know

Patents

Patent infringement lawsuits are among the most high-stakes cases in which you could possibly be involved. The party who has filed the lawsuit has their entire stake in their intellectual property on the line. The defendant in the case could be liable for a large amount of damages. There are several things the plaintiff may seek in a patent infringement lawsuit: Consequential damages for losses incurred Lost profits Punitive damages An injunction to order a stop to the behavior that is infringing on the patent A declaratory judgment about who owns the patent rights Many patent infringement lawsuits will not go all the way to trial. There is an incentive for both parties to settle the case before it reaches the jury. If you do have a trial, it could…

27Feb 2023 by Pat Geddie

How to Secure Your Intellectual Property

Intellectual Property

You have worked hard and invested a lot of time and money in developing your intellectual property. The last thing that you want is for someone to make money from your effort and take away your ability to use what you worked so hard to build. There are several protections available to you under federal law: A patent protects your inventions, designs, and processes that are not obvious and useful A copyright protects your original works, such as a song or a manuscript A trademark protects your brand identity and symbols Each form of intellectual property protection involves its own process that you need to go through to secure your own rights. You would need to be granted a patent or trademark and register your copyright in order to take…

27Feb 2023 by Pat Geddie

An Overview of the Patent Process

Patents

Federal law allows you to obtain patent protection for an invention, drawing, design, or utility that is: Novel Useful Non-obvious You must go through an entire process to obtain the patent, which could take almost two years from start to finish. Here are the steps that you would need to follow to obtain a patent. First, you need to verify whether you can even patent your invention. One of the key requirements is that the invention is new. To that end, you would perform a patent search to see if someone already has a patent on your invention or something similar. Next, you would prepare and submit your application. In your package, you would include drawings and a description of your design. You would also include a definition of your…

26Jan 2023 by Pat Geddie

Legal Relief for Trademark Infringement

Trademark

You have invested time and money in building the brand value of your business. You may have even registered the trademark, which represents how people identify your company or products. If someone else infringes on your trademark, you may be entitled to legal relief. First, you should contact an experienced attorney for their guidance. Your attorney may send a cease-and-desist letter to the violator or otherwise communicate your position to them. If you cannot reach a resolution, you may need to take your case to court. You would usually seek two things in a trademark infringement case. The first thing that you would ask is for the court to put a stop to the offending behavior. You would need immediate relief to prevent further damage. Your attorney would ask the…

26Jan 2023 by Pat Geddie

Can You Get a Patent Without a Lawyer?

Patents

Of course, you may be able to get a patent without a lawyer. The real question is whether you should try to get a patent without a lawyer, and the answer is no. Although you could theoretically succeed on your own, an attorney will increase your chances of success and help you avoid pitfalls. Before you can apply for a patent, you should do an extensive search through patent databases and publicly available sources to determine whether there are similar patents out there. An attorney knows where to search and what may be considered similar. It would be a waste of time and money to apply for a patent only to learn that your invention could not have been patented in the first place. Then, the patent examiner may have…

26Jan 2023 by Pat Geddie

Can AI Be an Inventor and Obtain a Patent?

Patents

Everywhere you look today, there seems to be a new application for artificial intelligence (AI). This frontier is the next great one in technology. There have been legal questions about whether AI can qualify as an inventor under federal patent laws. According to a federal appeals court, the answer is no. In this case, the proposed patent listed an AI system as an inventor. The examiner denied the application for the patent, and the applicant appealed. The issue, in this case, is who can be considered an “inventor” within the meaning of federal patent laws. Only an inventor may obtain a patent for an invention. The appeals court sidestepped the complicated question of “the nature of the invention or the rights, if any, of AI systems” and instead focused on…

26Jan 2023 by Pat Geddie

What is the Most Common Type of Patent?

Patents

Utility patents are known as patents for inventions, and they are by far the most common type of patent. Of the roughly 12 million patents issued by the USPTO, roughly 11 million of them have been utility patents. The other two types of patents are design patents and plant patents. It is much more difficult to get a utility patent than it is a design patent. The USPTO has stringent requirements for what must be submitted with your application. One applies for a utility patent for inventions such as machines, processes, compositions of matter, and articles of manufacture. Here, the inventor makes a new or improved product or process. A utility patent gives the inventor exclusive rights to their own invention for a period of time and prevents others from…

05Jan 2023 by Pat Geddie

Violations of Trade Secrets

Trade Secrets

Your confidential business information can be valuable. When it falls into the wrong hands, it can do incalculable damage to your business. If someone else has wrongfully obtained your trade secrets, you may be able to file a lawsuit against them. Even if you do not have a patent, trade secrets are part of your company's intellectual property. You use them to make money. Your company counts on employees to protect Trade Secrets, as you may suffer if the information ends up in the competitors' hands or in the public realm. Not everything is a trade secret violation. Usually, there is some sort of improper action. It could be carelessness on the part of your employees and protecting the information. Trade secret violations could also involve nefarious and dishonest means…

04Dec 2022 by Pat Geddie

Difference Between Patents and Trademarks

Patents

Both patents and trademarks protect your company’s intellectual property, but they apply to different types of ideas. A patent protects your inventions and ideas. You may have devised a product or a process that you want to keep for yourself because you have taken the time and invested the effort to devise it. The goal of a patent is to promote and protect innovation. You would hold the exclusive right to use your patent, or you can license it to someone else in exchange for royalties. The patent process can be difficult and time-consuming, but you need to obtain a patent in order to get the full protection. In order for something to be patentable, it must be a new and useful invention that is not obvious to others. Patents…

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The Intersection of Trademarks, Copyrights, and Patents

Navigating Patent Infringement Lawsuits: What You Need to Know

How to Secure Your Intellectual Property

An Overview of the Patent Process

Legal Relief for Trademark Infringement

Can You Get a Patent Without a Lawyer?

Can AI Be an Inventor and Obtain a Patent?

What is the Most Common Type of Patent?

Violations of Trade Secrets

Difference Between Patents and Trademarks

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