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15Mar 2021 by Pat Geddie

Identifying Patent Infringement

Once you have a patent in place for your invention, you might be tempted to rest easy and assume that no one can steal your idea or design. However, patent infringement happens more regularly than you might imagine, and it can lead to losses for patent holders, as well as unjust enrichment for infringers. You want to identify patent infringement as soon as possible to try to mitigate your losses, as well as stop future consumer confusion as soon as possible. If you have concerns over possible infringement, speak with an Orlando patent attorney right away. Detecting Infringement There are no “patent police” who monitor the use of patented inventions. Instead, it falls on your shoulders to identify infringement and take the necessary action. This can be difficult because many…

28Jan 2021 by Pat Geddie

Federal Trademark Law Changes Passed with COVID-19 Relief

Trademark

Congress recently passed a major spending and relief bill called the Consolidated Appropriations Act of 2021. As part of this bill, they also implemented some important changes to intellectual property laws in the United States, including trademark laws. These changes might go unnoticed to many, as the focus of the legislation appeared to be COVID-19 pandemic relief. The following is a brief overview of some of the trademark law changes that were enacted in early 2021. If you have questions about a specific situation, please contact an Orlando trademark attorney directly. The Trademark Modernization Act of 2020 Known as the TM Act of 2020, this new legislation amends the Lanham Act in several important ways: Third parties may now submit evidence for the USPTO to consider against a trademark application.…

10Dec 2020 by Pat Geddie

Do You have a COVID-19-Related Invention?

Invention

While the COVID-19 pandemic has been detrimental to many people and businesses for many reasons, there are some interesting things that have come from 2020. Many people have invented new products or apps that help people navigate the restrictions of the pandemic and keep themselves safe by minimizing possible exposure. Some unique pandemic ideas include: One cafe in Germany has patrons wear social distancing hats made from pool noodles A supermarket released an app so shoppers can determine when are the least crowded times to go to the store Nintendo’s popular game Animal Crossing allows you to go on virtual vacations to see international landmarks and attractions Certain companies launched vending machines for people to buy masks and other PPE on the go Pre-designed floor coverings show people how to…

29Oct 2020 by Pat Geddie

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…

28Sep 2020 by Pat Geddie

Types of Copyright Infringement

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…

20Aug 2020 by Pat Geddie

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…

05Jul 2020 by Pat Geddie

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…

01Jun 2020 by Pat Geddie

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.…

27Apr 2020 by Pat Geddie

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…

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…

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Identifying Patent Infringement

Federal Trademark Law Changes Passed with COVID-19 Relief

Do You have a COVID-19-Related Invention?

Protecting Your Software Development

Types of Copyright Infringement

Recovering Damages for Patent Infringement

Machines Cannot be Inventors

Patent Issues Regarding COVID-19 Vaccines

What is a Patent Demand Letter?

What are Trade Secrets?

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