Intellectual Property & Business Law
One of the most important aspects of any business venture, whether personal or corporate, is the generation and protection of intellectual property assets. Today's aggressive business environment requires good intellectual property planning that takes into account the type of intellectual property involved, the realities of the target market, and the ability of the client to either bring or defend infringement suits. Proper up-front planning and negotiating, including non-disclosure and licensing agreements, will often help avoid litigation and reduce legal expenses.
Intellectual property may include, Patents (including patent searching and application), Trademarks (including trademark searching and application), Trade Secrets, Trade Names, Trade Dress, Copyrights, Publications, Music rights, Domain Names, and Infringement actions.
Patents and Trademarks are acquired through application to, and examination by, the United States Patent and Trademark Office (the USPTO) located in Alexandria, Virginia. Copyright is registered through the United States Copyright Office in Washington, D.C.
Patents
Attorney Stephen C. Thomas, a partner in our law firm, is a registered U.S. patent attorney who is admitted to practice before the USPTO. Mr. Thomas is also registered to practice before the Federal District Court for Middle District of Florida, the Federal Eleventh Circuit Court of Appeals, and the Court of Appeals for the Federal Circuit.
Application for a patent generally involves performing a patent search prior to submitting the patent application to the USPTO. While a patent search is not strictly required by the USPTO prior to application, it greatly aids the preparation of the patent application and increases the chances of success. Patent rights may be lost if the inventor waits too long to file for a patent, describes the invention in a printed publication, or engages in activities such as offering the invention for sale or using the invention publicly prior to the date of filing a patent application with the USPTO. There is a grace period which applies to some activities, and there is specific case law interpreting the U.S. patent laws and regulations. There are other activities, some of which may be taken by others, that may bar an applicant from acquiring a patent on their invention. Consultation with a patent attorney is strongly recommended.
Provisional patent applications, regular U.S. patent applications, and Patent Cooperation Treaty (PCT) patent applications are the typical applications used by individual and corporate inventors and assignees to secure patent rights in this country and abroad. Each of these type of patent application carries specific advantages, and consultation with a patent attorney is again recommended.
Trademarks
Trademarks are registered with the USPTO through an application and examination process. After a brief examination period, the trademark is published for opposition by the USPTO prior to actual registration. There are specific requirements that must be satisfied before the trademark will be registered with the USPTO. Once registered, the applicant may designate his or her trademark with the ® symbol indicating a claim to the federally registered trademark.
Copyrights
Copyright springs into being the moment a work is created and captured in a tangible medium by the author. However, there are distinct advantages to registering your copyright with the U.S. Copyright Office. Copyright registration is generally a necessary first step in enforcing rights in copyright in an infringement action.
Infringement Actions
The misappropriation of another's intellectual property is called infringement. Infringement remedies may include injunctions to prevent future infringement and the payment of money damages in the form of lost profits, profits of the infringer, and reasonable royalties. Infringement actions are often brought in federal court. Our attorneys are admitted to practice in various federal courts, should federal litigation be required to enforce an infringement action. Our law firm also may consider representation for an infringement action on a contingency fee basis after a thorough review of the case.
Non-Disclosure, Licensing, and Contract Agreements
Non-disclosure, licensing, and contract agreements are generally necessary parts of any good intellectual property plan. These agreements, if properly written and enforced, can result in a tremendous advantage to the intellectual property owner and can often help avoid or reduce the costs of litigation after the fact.
Corporate Representation
Our firm represents both individual inventors and corporate clients. We understand that each client's needs are specific to their situation.
We invite you to call and speak with one of our attorneys if you have an intellectual property matter that requires representation on either a one-time or repetitive basis.
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