Posts Tagged ‘Intellectual property’

When to Hire an Intellectual Property Lawyer

April 14th, 2011

Feel like you’ve got a case to hire an intellectual property lawyer because someone stole some content or an idea from you? You may want to research just what classifies as intellectual property before filing a claim. Speaking to a lawyer can certainly give you direction, and you can use this information to see if there has been some violation of your intellectual property rights.

What are Intellectual Property Laws & What Do Lawyers Have to Do With It?

The laws that were developed surrounding intellectual property deal specifically with trademark, patent and copywriting infringement. These lawys, like many, have lawyers whom specialize in intellectual property infringement and violation. For you, the laws were designed to give you the right to own and profit from your talents and ideas. The intellectual property lawyers fight on your site to make sure those rights are not violated.

Where the Intellectual Property Rights Came From

Look back to those who wrote the Constitution of the United States and you’ll see a panel of men that were a great many things include scientists, artists, investors and business men. As such it was pretty high on their list to protect the intellectual property rights and creativity of the individual. Thanks to the constitution, your intellectual rights are covered.

Article 1, Section 8 of the Constitution states: “Congress shall have the power to… promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries” (US Const., art I. sec. 8, cl. 8.).

Intellectual Property Law on the Web

If someone operates a website or fansite, it would actually be a violation of intellection property rights to post content such as songs, lysics, poetry or art without the express permission of the author. All created content – whether registered or not – is protected under copyright once it becomes tangible. Posting or distributing that content could earn a site owner a strongly worded letter from an intellectual property lawyer.

When Intellectual Property is Protected

It is not necessary to register any content, idea or scrap of art in any form with the US copyright office in order for it to be covered. Copyright protects an original expression as soon as it takes tangible form. While it’s not necessary to register the copyright, this may be the only thing to prove the concept is yours if you end up in court.

Deciding Who Does What with Intellectual Property

Of course if you do register your copyright then you have full say in who does what with your creative work and when and how it happens. This can include handling, copying, derivative content, distribution, use, etc. If you find violations of this law you can hire an intellectual property lawyer to handle the claim for you and bring an end to unauthorized use of your work.

The only time the copy and use or distribution of content or works is permissible is under the fair use act. Keep in mind though that this does not cover a great deal of content and not all content is under the public domain. To learn whether or not your content is actually covered under the copyright laws you should consult with your intellectual property lawyer.

Discover how to protect your intellectual rights with an intellectual property lawyer. Gain the benefit of the in house legal advantage and find the general counsel that will suit your personal or business needs


How To Patent An Idea

October 12th, 2010

If you’ve got a really good idea that’s innovative, unique, or simply amazing, you probably want to patent it. How do you do that, though? Having a patent will help you protect your idea so that you can actually do something with it.

In order to patent an idea you must prove that the idea is something that is a new concept and not be something just anyone can come up with. Basically you can’t patent something that is a law of nature or printed material.

There are plenty of rules about what can and what cannot qualify for a patent. It is essential to review the requirements before you start the application process. You need to be sure that you have an idea that will qualify for a patent. You also need to be sure that you are applying for the right type of patent.

There are different kinds of patents, and you’ll need to find out which type you need. There’s a utility patent, one that protects technology, and once you get it, it’s going to last you 20 years. A design patent protects just that, a design, and that patent will last for 14 years. Plant patents protect plant related ideas.

Before you decide whether or not she can patent or idea, do a patent search, first. You can’t patent someone else’s idea if it’s already been patented. Do a patent search on the website for the United States Patent and Trademark Office to make sure your idea hasn’t already been done before.

How to patent an idea starts with applying for a patent with the USPTO. You must fill out an application that will give details about your idea. Once your application is filed our idea has a patent pending status.

It’s going to cost you some money to file your patent. There are fees to pay, such as a search fee, filing fee, and examination fee. Once you patent is approved, other fees will be charged as well, although you can be given a discount if you’re an independent inventor or small business.

It’s pretty easy to patent an idea, and the worst thing about it is the wait for the approval. Approval could take up to a couple of years, but patience is key; don’t try to rush things along, because issuing a patent is a very complex process, done carefully. Every patent must be guaranteed unique before it is issued, which is why this takes so long.

The main points to remember about how to patent an idea are that you have to check out your idea first and make sure you can patent it, you have to go through the application process and then you have to wait for approval. It is not always easy to do this on your own, but you do have that right. However, many people choose to hire a patent attorney or patent agent to help them. Obviously, its extremely important to find an experienced patent professional to help you get a patent of your own.

Want to find out more about how to patent an idea, visit www.BigBrainIdeas.com and get a free patent consultation with our Dallas patent attorneys. They will assist you during the entire patent process.


Five Things To Consider When You Get A Patent

October 1st, 2010

You have put a lot of work into developing your idea and you have decided it is time to get a patent. There are important things that need to be considered to get a patent. To help here is a rundown of what to expect with the process for getting a patent.

1) A patent search is going to be the first step in obtaining a patent for your invention. This is a very important step since this will see if there have ever been other patents filed for your invention. This includes ones that are very similar even if they are not exactly the same.

Should you find that there is one you will need to head back to the drawing board and invent something new. This will help ensure you don’t end up in legal trouble being charged with infringement by the owner of the patent.

2. If there isn’t another product similar to yours then you can proceed with the filing process. The paperwork is somewhat confusing and time consuming. You may want to seek professional guidance from a patent attorney or a patent service firm for this part.

The process will include an overview from you about your invention, actual drawings of it and what you are patenting and why you want to do so. This part is extremely important since it can be inadvertently filled out wrong or something could be misread.

While you are filing out the paperwork it is possible for you to get a provisional patent. The provisional patent allows you to state that your invention has a patent pending. The provisional patent doesn’t require the formal overview or drawings, and will expire one year from the date of application. There is also a utility patent application that you can fill out before the expiration of that provisional patent which will keep the patent pending status on your invention until you are given the final decision on your patent from the patent office.

3. The most difficult part of the process is the waiting. Once you have filed the needed paperwork it can take 14 to 24 months before you hear anything. Then it can come back and not be approved, but they may be asking for corrections. So once you make the corrections and re-submit the waiting begins again.

4. Once you get the approval on the application you can then file for a patent. While this part doesn’t take as long, it is vital that all of your ducks are in a row from beginning to end. Then you will receive an approval letter from the examiner and you will be on your way.

5. The next step is the publication and this takes place within 18 months. Then all you will have to do is decide whether or not you are going to do the marketing and production or if you will find a patent services company to do it for you.

Making sure that your invention is worth the time and effort to seek a patent can save you a lot of money. By the time the patent is approved you will have spent anywhere from $5000 to $10000. You have the long waiting period and then once you are approved you have the expense of marketing and producing your invention if you chose not to sell the patent.

When you are granted the patent you will have to pay a patent issue fee. This fee will pay for the first years of the patent but while it is in effect, you, as the inventor will also have to pay the maintenance fees because if not, the patent will become void.

You may think that you can obtain a patent without the help of an patent attorney, but there are legal aspects that you are going to need to be knowledgeable about. The steps are pretty self explanatory, it is the wording of your application that will dictate the strength of your patent and whether or not it will be challenged by a competitor. If the patent gets issued and the wording was not precise and concise it will be you that learns a valuable and expensive lesson as to why you should have allowed professionals to help you.

Hopefully this guide will help you with the patent process for your invention. Hopefully it has also helped let you know about the different options you have for filing a patent. Good Luck!

Find out more about how to Get A Patent at BigBrainIdeas.com. If you want more information about how to Get A Patent, FREE inventors information as well as FREE consultation is available to you. If your serious about your idea or invention go to BigBrainIdeas.com TODAY!


Everything You Need To Know About Patents

September 24th, 2010

When you have a great new product idea or invention and you want to let other people know about it, you need to know the right way to go about it. If your product or idea is not completely developed keep it to yourself. There are hundreds of people that have improved a current product or revolutionized the way things are currently done.

A patent is a legal right for you to distribute your product or idea legally. With a patent you can register and enjoy trademark benefits because you own the rights to it. When you see “patent pending” this is an indication that other similar idea is being considered for a patent. You should file for a patent as soon as you have a working diagram for your idea.

Those who want to make sure that their product becomes a household name will patent their idea or invention. This gives them the right to sell it, distribute it or allow other companies to use their idea while they get paid for it. A patent gives you legal right to share your idea, if anybody tries to copy that idea and make a profit they can be sued for infringement.

If you live in Texas and you have an new idea and don’t know where to turn you should seek the counsel of a Dallas Patent Attorney. They can help guide you through the patent application process of filing a patent for your invention. If you are in the early stages of an idea you can file for protection under intellectual property. This gives you the right to sue if your idea is taken by somebody else and developed before you can patent it.

Many time people talk about making a current product better. It is important to note that the patent office will reject applications for products that have already been attempted or products that are very similar to others on the market. This is why meeting with an patent agent or patent attorney is recommended.

For those that reside in Arizona a Phoenix Patent Attorney is recommended before trying to move forward with your new product idea or invention. Patent attorneys can guide you assessing whether or not your idea is worth moving forward with or if you should go back to the drawing board before moving forward. They will also be able to help you with the required patent application paperwork, which means you will be able to file with confidence.

Anyone can file for a patent, if you do file and receive a patent for a product that is sold in the United States your patent will only be protected in the U.S.A. There is a lot of research that goes into creating a product that can have a patent; many ideas are rejected because of similar ideas already on the market. Check with a patent attorney or a patent agent before proceeding into production.

If you don’t have a patent for your new idea or invention somebody can steal your idea and market it as their own. A patent protects you against theft of your new idea and helps to solidify you as the inventor. There are many copycat products in the market and many of them are not patented. Protect your idea with a patent so you can make sure that you are one of kind when it comes to your ideas.

If you would like to speak with a Dallas Patent Attorney or a Phoenix Patent Attorney, and recieve a Free Consultation, go to www.BigBrainIdeas.com. There is no obligation and you will be taking the first step in protecting your new idea.


Which Is Better A Patent Lawyer Or A Promotional Firm?

August 16th, 2010

A lot of companies can be found in the business universe that make their living through helping inventors acquire and license patents on their inventions. These technology promotional businesses offer a seemingly amazing list of solutions supplied to inventors for a charge.

The expert services of patent legal professionals are nearly always more secure for inventors, as lawyers risk losing their Bar license and reputation for not working ethically – a weakness invention promotional firms do not have. The expert services offered by invention promotional corporations are not very different from those offered by most California patent attorneys, except that they often charge outlandish fees for simple tasks.

For example, many technology advertising and marketing businesses claim patent searching in their comprehensive list of expert services included in your “package.” Anyone with a computer can perform a patent search for free, either in the U.S. or internationally through the United States Patent and Trademark Office (USPTO) or the World International Property Organization (WIPO) online databases.

Invention promo businesses also offer to help you get your patent, but charge huge fees on top of the standard patent application fees. In many instances, if a patent application takes longer than estimated, they might call for you to lengthen your contract for their expert services. Trusted patent attorneys understand that proper filing and well constructed applications often make it through the application process more quickly than improperly prepared documents, saving you time and money.

Innovation promotion firms prey on 3 main emotions: avarice, shame and fear. They publicize that with the support of their services, they will help you make millions with your innovation.

Most inventors don’t just invent things for the fun of it, they are usually looking to make an income, and the invention advertising and marketing businesses say loud and clear that your innovation could be the next million-dollar product or service.

Shame is another intimidation element innovation promotion corporations use to guilt inventors into either paying more money or to keep them quiet about being ripped off. No one wants to acknowledge that their incredible technology wasn’t a success, so they’ll keep quiet about the thousands of dollars they sunk into using a scam-artist technology marketing firm.

Fear is the third strategy that technology promotional businesses use to keep their ripped off customers quiet about their solutions. Many customers who have posted complaints online have found themselves on the wrong end of a frivolous lawsuit from the technology marketing firm they were complaining about. These lawsuits are just scare tactics – and if you find yourself faced with such an issue, patent legal professionals can help you.

Our London patent attorneys can help you with your patent issues throughout the world. With offices around the globe, our London patent attorneys have the experience to handle all of your intellectual property needs.


IP Promotes Economic Growth

August 12th, 2010

Our environment is loaded with symbols. From the occurrence of earthy matters to the business trademarks, an individual cannot simply ignore any of them without giving it an opinion. That response is usual to any of us since icons have the innate prowess to convey information directly to us

Trademarks and the like also belong to symbols that can develop personal relationships with customers. Contrary to earthy symbols, trademarks and the like are patented primarily for protecting an industrial design from unwarranted usage and exploitation.

Intellectual Property: Lawful Views

Intellectual property (IP), in general perspective, refers to the lawful privileges obtained as a product of innovations of the intellect in scientific, industrial, literary and artistic domains. Innovating is a mental activity; thus, it is not totally right to connect IP with mechanized objects and immovable properties.

In the industrial viewpoint, IP speaks of industrial property, including inventions. Industrial conceptions are inventions designed to resolve technical challenges. Industrial innovations are therefore provided in a usable content in which the physical aspects of the object, such as shape and color are specified. It must also express that the design is duplicable by industrial means. On that note, business innovation is understandably a product of rational creation that needs to be preserved against unlicensed replication.

Intellectual Property – Brandmarks As An Object of Industrial Property

The object of an industrial property is often manifested through symbols sending information to people. Mainly because brand builders are aware that symbols are good at representing product characteristics and attributes. Trademarks are beneficial to business organizations in many ways. One reason is, a product’s brandmark helps consumers come up with the most possible purchasing decisions. In addition, trademarks enable manufacturers to recognize and locate their products even if they are already distributed to various retailers.

The latter is an example of the core meaning of patenting industrial properties, including trademarks. IP protects not only manufacturers but also customers by prohibiting unauthorized selling of patented goods, ideas, and services.

Patent Lawyer – Legal advices for business strategies. Industrial Design – Patents for industrial innovations. Also published at IP Promotes Economic Growth.


The Patent Cooperation Treaty: Safeguarding Intellectual Property

July 19th, 2010

The United Nations World Intellectual Property Office (WIPO) registered an all-time high in patent applications filing accepted in 2008, throughout its 30-year history. A total of 1.76 million filings were received. This number has seen a slight fall last year of 4.5%, owing to the US recession. Among the countries that filed patent applications, the US had the most number of filings, followed by Japan and Germany, respectively, and Republic Of Korea. China took a big leap forward ranking 5th, and displacing France.

Acutely mindful of the current state of economy, many corporations providentially attempt intellectual property security primarily by filing patent application. An invention is bastioned from being imitated by competitor parties in the inventor’s originating country and even across borders.

In patent application, timing is key. The first to file the patent for an invention has the claim over the patent rights for that invention.

Holding this in mind, patent applicants commonly consider the Patent Cooperation Treaty route for patent application filing. Through the PCT, an applicant secures a priority date for 30 months as he processes the filing of the patent in his own nation and in the other 141 member nations of the PCT union where he resolves to engage patent application as well.

This great reward has settled the timing and cost issues. Patent applications filed through the PCT reap the benefits of postponing both the profound costs related with individual country filings and also the decision as to which countries to enter for 2 years, while retaining an earlier priority date.

A patent applicant should check the needful information as to the reach and state of local patent and intellectual property jurisprudences, as well as the involutions of patent and intellectual property legislation in the states where he looks for to file application.

This selective information will help define the proper steps to select in registering a patent application through the Patent Cooperation Treaty.

For more information on patents filing and assistance in patent application through the Patent Cooperation Treaty, talk to us today. Unique version for reprint here: The Patent Cooperation Treaty: Safeguarding Intellectual Property.


What A Product Owner Should Know About Industrial Design Protection

July 6th, 2010

An industrial design is made up of shape creation, pattern and color composition, or combination of pattern and color in a three dimensional form which contains aesthetic value.

Moreover, it is applied to a vast variety of industrial products and handicraft. Certain examples of its special applications are as follows: jewelry, luxury items, medical and technical instruments, housewares, electrical appliances, architectural structures, textile designs, and leisure goods

Why The need For A Creator To Guard His Industrial Design?

Granting exclusive rights – With a protected industrial design, the creator is ensured of an exceptional right against outlawed replication or usage of his product’s design by malicious people. This may help in ensuring a fair return on investment. Furthermore, protection gives the owner the right to make some necessary courses of actions against any infringer for violating his rights.

Simple to do and inexpensive – Acquiring a developed and guarded product can be simple and cost-effective. Craftsmen, artists, and small and medium-sized enterprises in both developing and industrialized countries can easily gain protection.

Results to a fair competition – With an effective system of protection, honest trade practices and fair competition are promoted, therefore producing more creative and aesthetically attractive products for the consumers’ gains.

Things To Do To Protect An Industrial Design

Generally, an industrial design should first be registered for it to be recognized and guarded by the law. The design must be unique or original to be registered; meaning no much the same or identical design has been existing in the past. After processing the application, a registration certificate will be issued.

The protection for the product typically lasts for five years, and can possibly be renewed for further periods, which is typically 15 years (in most cases).

Furthermore, an industrial design may be considered and safeguarded as a work of wart under copyright law, with respect to the particular country law and kind of design.

Product creators or owners should definitely have the rights to solely enjoy the fruits of their labor. For this, it is important to protect all of their creative assets or commonly known as their intellectual properties. By all means, creators need to fight for their rights, for it is not just the tangible properties that matter; intellectual properties also do.

Learn some more about industrial design and discover much more about intellectual property. Also published at What A Product Owner Should Know About Industrial Design Protection.


How Different Types Of Patents Vary From Each Other

July 3rd, 2010

Patents are legal rights that allow creators of specific products to stop malicious persons from illegitimately using their products for a particular length of time. They are typically applicable to inventions in the field of technology, scientific theories, and biological discoveries.

As regarded by the state, these lawful rights also enable the creator of a product to take some actions against anyone who violates his exceptional rights over the use of his inventions.

The requirements placed, the procedure for granting, and the extent of the exclusive rights differ a lot between various countries with respect to national laws and international agreements.

There are three main types of patents. These principal types are as follows.

Utility: Once approved, it provides the owner the right to prevent others from using, selling, making, and importing a good. This right extends for a length of time which is generally twenty years after the application filing date. The span of time may be extended in certain situations, although rare, most especially when it is a pharmaceutical product that a patent covers.

Design: It is granted to an owner to protect his product’s structure and looks. To give a clearer picture, it guards the shape, pattern, and even the product’s ornamentation. It is likewise often used by companies which are engaged in developing or upgrading the present products instead of producing entirely new ones.

Plant: This category works on the protection granted for invention of an asexually produced distinct variety of a plant which is unknown and new in the field. It likewise safeguards the inventor against malicious individuals who may have plans of recreating or selling the whole plant or even a part of it.

These are the three main classifications of patents. The utility patents that demands to be applied for four years can be temporary utility applications. It may sometimes be hard to identify between the first two forms, but it may help to always remember that utility patents protect the useful aspects of new inventions, while design protects the ornamental features of those useful inventions. Plant, on the other hand, deals with asexually reproducible diversities.

Learn some more about the importance of patents and discover much more about patent lawyer. Free reprint avaialable from: How Different Types Of Patents Vary From Each Other.


Giving Importance To Intellectual Property

July 1st, 2010

There is this man who has a great talent in literature and music. His world goes around writing heart-felt poems and songs; his day-in-a-life will not be complete without producing a piece. Someday, he would like to see himself as a well-known composer, singer, or a poet.

He wills to do everything to reach for his dreams – joining national contests for writing and even selling his songs to recording companies. He is really serious about his dream of becoming famous for his compositions. Unfortunately, it seems that his compositions lack marketability because not even one person pays attention to them.

He considered shutting off his dreams from his system until one lazy day, he heard a lovely song on the radio. It’s got a really nice melody and because of that, he listened more attentively. He was astonished, for he knows the full lyrics of the song. He may not know the melody but the lyrics…he is certain that he wrote those words!

Poor talented man, someone probably stole his intellectual property! What must he do?

What Intellectual Property Is

Any creative asset such as artwork, music, or literary piece; which is developed by a person is commonly called his intellectual property. The creator and owner of the asset has total control of his work.

What Are The Owner’s Rights Regarding His Intellectual Property?

An intellectual property should be used by the owner alone. Also, he is the sole person who has the right to freely reproduce the material. Only the authorized persons can use and reproduce the owner’s work.

Furthermore, the owner can also object to any attempt of modification by other parties to his work. Every single action done with his intellectual property without his permission is subject to penalty, if the owner wills to fight for his rights.

Solving The Problem As Regards To A Stolen Intellectual Property

Heading back to the guy in the story, he has all the right to investigate and pursue a case against the company or person that stole his song. What he ought to do first is to recognize the possible suspects. He once tried to sell his song to a recording company and for that, the representative of such company and all other people involved in his attempt to sell his song could be considered as suspects.

An investigation ought to be done after identifying the suspects. When the result has come out and proved to be true, the guy may still have the prerogative to decide if he would still want to demand for further investigations or other courses of actions.

Just like houses, cars, and other tangible properties, an intellectual property should also be given importance. The owner worked hard for it and because of this, he must fight for his property by all means.

Learn some more about the importance of intellectual property and discover much more about patent lawyer. This article, Giving Importance To Intellectual Property is available for free reprint.