Appealing a Patent Denial

Appealing a Patent Denial

Patents
Many inventors are excited about their designs, only to have their excitement squashed when their patent applications are denied. Keep in mind that patent applications are highly technical with many requirements, and it is all too common for inventors who file applications on their own to receive denials. Rest assured that there are options, and it might not be the end of the road for your patent protections. The best move is to consult with an Orlando patent lawyer as soon as you receive a rejection. Filing Your Appeal The first step is to determine why your patent was denied. Did you fail to provide sufficient documentation or a thorough explanation of your work? Is there a more complex legal reason under patent law? Our law firm will review the…
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Identifying Patent Infringement

Identifying Patent Infringement

Patents
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…
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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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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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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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Steps of the Patent Process

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…
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Patent Infringement Case Regarding Fitness Bikes

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…
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Does Your Invention Qualify for a Patent?

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…
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New Inventions in 2019

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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