05Oct 2021 by Pat Geddie
What if Your Child Invents Something?

What if Your Child Invents Something?

Patents
Children often have wild imaginations, which can be beneficial for the world when kids invent things that make our lives easier or even work to save lives. If your child invents something, never assume that it is simply a cute childhood pipe dream, as many child inventors go on to find success with their products. It is important to protect your child’s invention just like you would any other, and it is always wise to discuss your options with an Orlando patent lawyer if you believe in the potential of the invention. The following are some examples of child inventions that are now part of our everyday culture. Trampoline - A 16-year-old invented the first “bouncing rig” in 1930, which morphed into the modern-day trampoline that many people have in…
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29Aug 2021 by Pat Geddie
Applying for a Provisional Patent

Applying for a Provisional Patent

Patents
There are times that you need to plant your flag, even before you obtain a patent. In some cases, the perception of ownership may be enough to frighten away competitors. One way to do this is through a provisional patent application (PPA). A PPA gives you time to test the market. You may not know whether it is worth it to file a full-fledged patent application. With a PPA, you have the ability to mark your invention as “patent pending,” the same as you would if you applied for a normal patent. How to Apply for a Provisional Patent The process of applying for a PPA is much more streamlined. In fact, there are only three things that you need to do: Perform a patent search for inventions that are…
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29Jul 2021 by Pat Geddie
What is Patent Prosecution?

What is Patent Prosecution?

Patents
Patent prosecution has nothing to do with a courtroom case, even though the name suggests otherwise. It is the process of dealing with the United States Patent and Trademark Office to obtain a patent for an invention. There is an argument to an extent. You are making the case that you should be granted a patent. Patent prosecution begins when you fill out a patent application along with the supporting documentation that explains why you should be awarded a patent. Then, you will have a back-and-forth with the USPTO. This is the heart of the patent prosecution process. The Patent Application Itself Begins the Process The USPTO will assign a patent examiner to your case. Based on your initial application, the patent examiner will either accept or reject your application.…
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03May 2021 by Pat Geddie
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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15Mar 2021 by Pat Geddie
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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29Oct 2020 by Pat Geddie
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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20Aug 2020 by Pat Geddie
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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01Jun 2020 by Pat Geddie
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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27Apr 2020 by Pat Geddie
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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20Nov 2019 by Pat Geddie
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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