As a patent attorney, I am frequently asked, “Can I copy my competitor’s patented product?” The short answer is . . . wait for it, wait for it . . . it depends. This question typically comes up when a…
As a patent attorney, I am frequently asked, “Can I copy my competitor’s patented product?” The short answer is . . . wait for it, wait for it . . . it depends. This question typically comes up when a…
A design patent is a legal document that provides protection to the ornamental appearance of a design. The ornamental appearance of a design can include the design’s shape, configuration, contrasting color or materials. A design patent can provide a huge…
One of the most difficult hurdles to overcome in the prosecution of a patent application is an Office Action based upon a 35 U.S.C. § 103 rejection, which is known as a “103 rejection” or “obvious rejection”. In a 103…
What are common law trademarks? A common law trademark or service mark (collectively referred to in this article as a “trademark”) is a judicially created right that is governed by state law. Generally speaking, common law trademark ownership is acquired…
As a patent attorney, many people often ask me, “Should I seek international patent protection?” The short answer is that it depends on a business’s goals, overall business strategy and budget. This article will answer some of the questions frequently…
As a Fort Lauderdale patent attorney who helps inventors and businesses create assets out of their innovations, I often get asked, “What steps do I take after inventing a product?” While there is no one correct answer to that question,…
As a patent attorney, many inventors often ask me if they should patent their idea or invention. The answer to that question – and yes, here it comes – is IT DEPENDS. It depends because the goals and objectives of…
A cease and desist letter is correspondence sent from another party that alleges you are infringing a trademark or service mark (“mark”) and demands you stop using it to sell your products or services. You should take a cease and…
Software inventions can be patentable and protected under United States patent law. However, one of the major challenges a software patent application will face during examination is whether a claim of the patent recites “patentable subject matter” under United…
Whether it is for creating your new business name or for creating a name for a new line of goods or services, there are basic concepts one should consider before creating a trademark. Many people pay professional companies thousands of…
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