An intellectual property audit (“IP Audit”) is a systematic review of the intellectual property assets owned, used or acquired by a business. An IP Audits purpose is to uncover under-utilized IP assets, identify any threats to a companys bottom line,…
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How to Select a Good Trademark
A trademark is one of the most important assets a business will ever own. A good trademark will distinguish a business from the competition. A poor trademark may lead to legal disputes and dull your marketing efforts. Following the guidelines…
What Is A Domain Dispute And The UDRP?
Because conducting business on the internet is commonplace in todays marketplace, businesses have realized that it is extremely valuable to have a domain name that is the same as their business name or the name of their products. When a…
Are Apps Patentable?
Yes. Apps for iPhones, Android phones and other smart phones and devices may be patentable under the United States patent laws. An app is a piece of software and like other types of software may be granted patent protection. However,…
Why Register Trademarks?
Businesses use trademarks and service marks to develop their brands and increase their market share. A trademark or service mark (also collectively known as marks) includes any word, name, symbol, device, or any combination thereof, used to identify and distinguish…
What Protection Does A Design Patent Provide?
What is a design patent? A design patent protects any new, original and ornamental design for an article of manufacture. Individuals and businesses use design patents to protect the ornamental designs of their products. Although a purely functional design is…
When Are Non-Compete Agreements Enforceable And What Are The Defenses Against Them?
Non-compete agreements are enforceable in Florida. This is because under Florida law continued employment is valid consideration for a non-compete provision. Florida statutes also presume that non-compete agreements are valid. Even if an employer fires an employee, the non-compete agreement…
Ten Patent Law Concepts Every Attorney Should Know
Few areas of law are as specialized as patent law. Most attorneys not specializing in patent law receive only a few hours of training on the subject. Understanding a few basic concepts can help attorneys give some basic advice when…
When And Why Is A Provisional Patent Application Useful?
A provisional application may be a useful tool to many businesses. Under United States patent law, a provisional application is a legal document filed in the United States Patent and Trademark Office (USPTO) that allows an inventor to establish an…
Is My Invention Already Patented?
To answer the question “Is my invention already patented?”, you have to do a prior art search to determine what patent applications have been filed with the United States Patent and Trademark Office (“USPTO”) or other countries’ patent offices. In…