You are not required to formally register a patent, trademark or copyright, but doing so provides you with added legal protection. Depending on the nature of your business, you may never face a patent need, but you almost certainly will have trademark and copyright intellectual property; you can choose to register either, neither or both. Read more »
So, yes, in theory the old system was more fair. But in reality, interference proceedings were very rare — one report says that in 2007, they arose in fewer than one percent of all patent applications. And, of these, the patent was given to the second-to-file a grand total of 7 times. In addition to being rare, the proceedings were also expensive: a 2005 survey said the average cost was over $650,000. Read more »
When starting a business, some of the most important things you have to consider include your business name, logo, slogan, and product name. They are what would distinguish your business from your competitors and make consumers easily identify your products or services. You usually spend time and resources to develop what is known as your brand name or trademark.
For any business, whether in any small town in Florida or in its large cities like Miami, a popular brand name is one of the most compelling factors that make consumers buy the products or use the company’s services. Protecting this brand name can well determine the survival of any business entity. Hence, it is important—especially for a start-up business—to use the services of a trademark attorney in Miami like those from Lhota & Associates to make sure that nobody else can use the name it has painstakingly created.
Read more »
The United States has recently upgraded provisions of its patent law with the implementation of the America Invents Act (AIA). It is the first significant change to the said law in decades, and would hopefully rationalize the process of application and grant of patents. The revised system aims to promote a more streamlined patent issuance procedure.
In this regard, Janet Gongola, patent reform coordinator of the United States Patent and Trademark Office (USPTO), an agency of the Department of Commerce, posted some guidelines on its website regarding the new law. They are valuable to those who want to apply for patents and to any legal practitioner such as a registered Miami patent attorney, for example, who is representing said applicant. The USPTO can now grant patents to inventors on a first-to-file basis instead of the old process where inventors had to prove they were the first to invent or discover anything.
Read more »