Patent Attorneys in Orlando, Florida: What You Need to Know

Patent Attorneys in Orlando, Florida: What You Need to Know

Patents
If you're an inventor or a business owner in Orlando, Florida, you understand the importance of protecting your intellectual property. A patent is a legal document that gives you exclusive rights to prevent others from making, using, or selling your invention for a certain number of years. This means that you have the right to control who can use your invention and how it can be used. To ensure that your patent is as strong as possible, you may need the help of a patent attorney. At Daniel Law Offices, P.A., we have a team of experienced patent attorneys who are dedicated to helping our clients protect their intellectual property. Our attorneys have a deep understanding of patent law and are well-versed in the latest legal developments and trends. They…
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Can You Apply for a Patent Without a Lawyer

Can You Apply for a Patent Without a Lawyer

Patents
There is no legal requirement in federal patent laws for you to have an attorney. However, hiring a lawyer is a smart investment that could increase your chances of success. There are numerous steps in the patent process that could be difficult to navigate on your own. One of the first key times when you will need an attorney is when you must perform a patent search before applying. You must look for related patents that may be similar to yours. A patent search is not something that can be haphazardly done. You must know which databases to search and the full extent of the inquiry that you need to make. The last thing that you want is to invest the time and money into an invention and the patent…
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Navigating Patent Infringement Lawsuits: What You Need to Know

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…
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An Overview of the Patent Process

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…
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Can You Get a Patent Without a Lawyer?

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…
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Can AI Be an Inventor and Obtain a Patent?

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…
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What is the Most Common Type of Patent?

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…
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Difference Between Patents and Trademarks

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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Do You Need a Patent Lawyer?

Do You Need a Patent Lawyer?

Patents
While there is no legal requirement to hire a patent attorney, it is certainly a smart move on your part.  Intellectual property is a very high-stakes area of the law. If you do not properly protect what you have worked hard to build and obtain, you may lose all the value of your invention or idea. At the same time, you may find yourself on the receiving end of a lawsuit if someone else thinks that you have violated their rights. The patent application process can be complex. Much of the work is done before you would even file with the United States patent and trademark office. You must do a thorough patent search that includes potential ideas that could be similar to yours. The USPTO may not readily accept…
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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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