Patent & Trademark Blog - Copyrights, Cyberlaw, Trade Secret Law

Design Patent vs. Utility Patent

The United States Patent and Trademark Office typically categorizes a design patent as one that protects “the way an article looks”. The design patent not only protects the shape, size, and form of your invention, but it also protects any surface embellishments that might be integral to your invention. Design patents are extremely important when the main feature of your product is the physical shape or look. An added benefit to a design patent is that they typically cost less than utility patents and take less time to process. While design patents can be useful, there are some reasons why it might not be enough. For example, a design patent typically only protects superficial features of the invention, and a competitor can often change small parts of the design to escape your patent protection. Thus, it is imperative to have an experienced patent attorney review your invention and determine if a design patent is sufficient.

The more common form is a utility patent. The utility patent protects the process by which something is made and works. The primary different is that, while a design patent protects the physical shape and form, a utility patent protects the mechanism by which something works and the assembly. Utility patents are often more common because most inventions require their functionality. These types of patents are more expensive and time intensive. Utility patents can take 2-3 years to obtain. In most cases, though, the utility patent provides the most comprehensive level of protection against infringement.

In many cases, it is useful to obtain both a utility patent and a design patent. For example, in the case of Apple’s iPhone, a design patent can protect the shape and aesthetic of the phone, while a utility patent can protect the mechanisms and functionalities of the phone. With both a design and utility patent, Apple’s iPhone can maintain the most comprehensive level of protection against those attempting to copy their product. If you have invented something with design and utility in mind, it may be useful to have both types of patents to protect your invention in the most effective way.

Have Questions? Contact an Experienced and Reputable Patent Attorney in Los Angeles Today

If you have an invention and want to obtain a patent, retaining the services of a reputable and highly experienced Los Angeles patent attorney, such as the professionals at Omni Legal Group, is imperative for a successful outcome. Whether you are in need of, or have, a provisional patent, non-provisional patent, design patent, utility patent, or plant patent application, Omni Legal Group is here to help. Omni Legal Group is a premier Patent, Trademark, and Copyright law firm located in Los Angeles. For further information or to schedule a consultation please contact Omni Legal Group at 855.433.2226 or visit www.OmniLegalGroup.com to learn more.

Different Types of Patent Searches

People are surprised to learn that there are multiple patent searches that can be conducted, and the search selected will depend upon the rationale for the search. This article provides an overview of the different types of patent searches that can be done.

Novelty or Patentability Search

Novelty searches are conducted to determine the likelihood of getting a patent through the United States Patent and Trademark Office (USPTO). This is a vitally important search because you do not want to waste your time and resources on filing a patent application for something that is already subject to an existing patent.

Another benefit associated with this type of search is that it can often yield valuable information to the inventors such as other competitors in the same space.

You may be asking yourself, “what exactly are the steps that need to be taken to conduct a Novelty Search?” Well, the first step is for the inventor to clearly identify the invention and list out all the elements and key aspects that they believe are novel. Second, a comprehensive search needs to be conducted through the USPTO database for patents and publications, Google, and so forth to assess whether any of the search results involve the same elements as those described in the patent application.

Freedom to Operate Search

A Freedom to Operate (FTO) search can be done to help determine whether it would be prudent to commercialize the product in view of existing patents. In other words, the FTO search would determine if the inventor is free to operate and commercialize the invention without the fear of getting sued for infringement. The focus of a FTO search and opinion is on the claim portion of the in-force patents found rather than the disclosure portion of the prior art as in a novelty search. As a result, FTO searches tend to be more complex and time intensive.

To conduct an FTO search, the steps involved are similar to those taken during a novelty search. Just like a novelty search, the inventor must clearly identify the invention and list out all the elements and key aspects that they believe are novel. A searcher will conduct a comprehensive search focusing only on in-force patents and published patent applications in the relevant jurisdiction. After that, your patent attorney in Los Angeles must then review and analyze the search results, specifically by scrutinizing the independent claims of the relevant patents, and further researching the prosecution history of those patents. The patent attorney will then assess if there is literal infringement or infringement under the Doctrine of Equivalents.

The objective of an FTO search is to assess whether the proposed invention infringes upon any patents found in the FTO search. If they do, the inventor can decide whether they want to stop any further efforts related to the commercialization of the proposed invention, engage in a redesign, or approach the patent holder for possible licensing negotiations.

Validity Search

Validity searches are usually conducted when there is a request by a potential defendant or a defendant in an actual patent infringement lawsuit seeking to invalidate the patentee’s patent as a defense to patent infringement. The objective is to determine whether the identified patent is valid or enforceable.

In other instances, a validity search and opinion may be used prior to purchasing or licensing certain patents to determine the strength of those patents.

Have Questions? Contact an Experienced and Reputable Patent Attorney in Los Angeles Today

If you have an invention and want to obtain a patent, retaining the services of a reputable and highly experienced patent lawyer, such as the professionals at Omni Legal Group, is imperative for a successful outcome. Whether you are in need of, or have, a provisional patent, non-provisional patent, design patent, utility patent, or plant patent application, Omni Legal Group is here to help. Omni Legal Group is a premier Patent, Trademark, and Copyright law firm located in Los Angeles. For further information or to schedule a consultation please contact Omni Legal Group at 855.433.2226 or visit www.OmniLegalGroup.com to learn more.

The Importance of Business Transaction Attorney

There are many corporate formalities, such as annual meetings, up-to-date organization documents, and other requirements that are important before attempting to sell your business. An experienced business transaction attorney, like the professionals at the Omni Legal Group, can help ensure that your documents are in order, including the other party’s organizational documents to ensure proper state of affairs.

In addition to reviewing your organizational documents, a business transaction attorney will work on your behalf during the negotiations of the terms of your business sale, draft and structure the contract for the sale, which oftentimes called an asset purchase agreement, a stock purchase agreement, or a merger agreement. The specific agreement that is utilized is dependent upon the terms of transfer of the business. However, the contract for the sale is usually far from the only piece of documentation that must be prepared. Among others, financing agreements, due diligence reviews, and any ancillary document completion may still need to be completed. Hence, it is imperative to hire an experienced business transaction lawyer to help prepare your documents for the sale, ensuring nothing is missed.

Furthermore, if your sale includes investor financing or seller financing, it is extremely important to ensure compliance with state and federal securities laws. Additionally, if the seller is financing any part of the business, an effective contract to protect both the seller and the buyer is extremely important.

If the business sale comes with any valuable intellectual property, such as copyrights, patents, or trademarks, an experienced corporate transactional attorney can help ensure that the transfer of those assets is carried out in the right way. Sometimes a company does not own the IP they think they own, and it is important to have an attorney review the IP, confirm its ownership, and transfer it in the right way to the buyer.

Finally, experienced legal counsel is imperative in the closing and post-closing stages of a business sale, as there may be other ancillary documents that require completion before the closing is finalized, such as non-compete agreement.

Have Questions? Contact an Experienced and Reputable Business Transaction Attorney Today

If you need professional help with sell or a formation of a business, or any other business litigation issue Omni Legal Group is here to help. Omni Legal Group is a premier Business, Patent, Trademark, and Copyright law firm located in Los Angeles. For further information or to schedule a consultation please contact Omni Legal Group at 855.433.2226 or visit www.OmniLegalGroup.com to learn more.

Protecting Your Patent

When a company believes that its patent has been infringed upon, they have the option to file a lawsuit.

This process can be difficult and complex, so it’s important to understand what happens during a patent infringement case. In this article, we will discuss the different stages of a patent infringement case and what you can expect from each one.

Phase #1: Contacting a Patent Lawyer

The first step in pursuing a patent infringement case is to contact a patent lawyer. They will be able to assess your case and determine whether or not you have a valid claim.

There are many different factors that go into this decision, including the strength of your patent and whether or not the other party has a valid defense.

If your lawyer decides that you have a strong case, they will likely recommend moving forward with the next steps.

Phase #2: Sending a Cease-and-Desist Letter

The next step in the process is to send a cease-and-desist letter to the infringing party. This letter will outline your claims and give them a chance to stop their infringing activities.

If they do not comply with your demands, you will be able to move forward with the next steps in the process.

Phase #3: Filing a Lawsuit

If the other party does not comply with your cease-and-desist letter, at this point you will have no choice but to file a lawsuit. This can be a lengthy and expensive process, so it’s important to be sure that you are working with an experienced patent attorney.

Your lawyer will handle most of the details of the lawsuit, but it’s important to understand what’s happening during this process.

Phase #4: The Trial

If your case goes to trial, it will be up to a judge or jury to decide whether or not the other party is guilty of infringement. This can be a long and complicated process, so it’s important to have a good understanding of the law before moving forward.

After the trial, the judge will issue a verdict and determine what damages, if any, the infringing party will have to pay.

This is just a brief overview of what happens during a patent infringement case. If you believe that your patent has been infringed upon, it’s imperative to contact a patent lawyer as soon as possible. They will be able to assess your case and help you understand your options.

The Best Course of Action May Be Negotiation

If you have experienced patent infringement, it is best to consult with a patent attorney as soon as possible before taking any action. Many times, the issue can be resolved through negotiation without the need for a formal lawsuit.

In some cases, it may be possible to reach a royalty agreement or licensing deal with the patent owner. This can often be done without going to court, which can save time and money.

Have Questions About Securing a Patent or Protecting Your Current Patent? Take Action by Contacting a Patent Attorney in Los Angeles Today

If you have a registered patent that you suspect is being infringed, one of the most important things you can do is take proactive steps to assess your legal options and determine what can be done to protect your patent. Thus, it is in your best interest to retain the services of a reputable patent in attorney Los Angeles such as the Omni Legal Group. Omni Legal Group is a premier Patent, Trademark, and Copyright law firm located in Los Angeles. For further information or to schedule a consultation please contact Omni Legal Group at 855.433.2226 or visit www.OmniLegalGroup.com to learn more

Does an Idea have to be Novel for it to be Protected by Copyright Law?

Copyright law protects works of art that are original. These can include songs, art, books, photographs, and videos. In the United States, copyright ownership is automatically granted. Owners also have the right to license their work, for value, to others.

First, let’s look at what copyright law protects. There are three requirements in order to have protection under copyright law:

Must be a work of authorship. These works can include literature or textual works, pictures, graphics, sculptures, music, dramatic or choreographed works, recordings of sound such as music, computer programs, and websites.
Must be original. Works are original if they are not reproduced from another work and contain some level of creativity.
Must be fixed. This means that the work must be found in some tangible form of expression.

While not mandatory, it is a good idea to register your copyrightable work with the Copyright Office. This is extremely important, as many jurisdictions in the United States, owners or copyrights cannot file lawsuits in federal courts for infringement, unless registered with the Copyright Office. Furthermore, attorney’s fees and statutory damages may not be recoverable unless the work is registered.

It is important to make the distinction between owning a copy vs. copyrights of a work. Owning a copy, for example, of an original piece of art, does not grant copyrights, unless the copyrights are expressly given. Therefore, owning a copy does not entitle you to reproducing the work or conducting any acts that are protected by the copyright.

Given that copyrights are only granted for works of art that are original, is there protection for works that aren’t necessarily original?

The California Supreme Court case, Desny vs. Wilder, helps answer this question. The plaintiff in the case, Victor Desny. wrote a script that illustrated the life of Floyd Collins. Desny consulted with Bill Wilder, a writer, producer, and director for Paramount Pictures. Desny shared the basics of his script with Wilder’s secretary, in the hopes that Wilder would be interested in pursuing the script further. After hearing Desny’s ideas, Wilder soon after wrote his own script that was closely analogous to Desny’s. The script that Desny wrote is not protected under copyright law because the script is based on historical facts and is therefore not original. However, the California Supreme Court held that Desny shared enough information about his script to create an implied-in-fact contract between himself and Mr.Wilder. Therefore, the court ruled that, because a contract was established, that Desny’s ideas could be protected by a lawsuit. In California, novelty is not required for idea theft cases.

Have Questions About Copyright Law? Take Action by Contacting a Copyright Attorney in Los Angeles Today

At Omni Legal Group, we have experience in successfully handling idea theft and copyright infringement lawsuits and will fight to protect your ideas.

The issues surrounding intellectual property law are complex. If you hope to secure the rights to your original work, consult with a copyright attorney in Los Angeles such as the highly experienced and reputable professionals at the Omni Legal Group. Omni Legal Group is a premier Patent, Trademark, and Copyright law firm located in Los Angeles serving all of California. For further information or to schedule a consultation please contact Omni Legal Group at 855.433.2226 or visit www.OmniLegalGroup.com to learn more.

Breach of Contract? What Steps to Take

A breach of contract could occur in many ways—all of this depends on the terms of the contract.

A breach of contract is considered when one party breaks the terms of a contract that they have entered with another. There are generally two forms of breach: minor and material. A minor breach occurs when you don’t receive an item or service by the date it was due. A material breach occurs when you receive something that is different from what was agreed upon in the contract.

It is in your best interest to consult with an experienced business litigation attorney about your options for resolving the breach of contract. Omni Legal Group is an experienced and highly reputable business litigation law firm in Los Angeles that will guide and represent your interest for a successful outcome.

The first, and sometimes easiest, option is to negotiate a settlement. It might be possible for you to negotiate restitution for your breached contract. For example, monetary restitution, or your business partner agrees to fulfill the goods or services that were agreed upon originally. Be sure to attain the professional counsel of an experienced business litigation lawyer in Los Angeles such as Omni Legal Group, before you agree to any settlement, to make sure it is in the best interest of you and your business.

When you are not able to come to a settlement agreement, the next step is to file a lawsuit and attempt to recover your damages through civil court. Contract law aims to ensure that anyone who is wronged by a breach of contract is left in the same position they would have been before the breach, whole.

Have Questions? Contact an Experienced and Reputable Business Litigation Attorney in Los Angeles Today

If you need professional help with a breach of contract case, or any other business litigation issue, the attorneys at Omni Legal Group are here to help. Omni Legal Group is a premier Business, Patent, Trademark, and Copyright law firm located in Los Angeles and representing clients throughout the greater LA county area, including Beverly Hills, Santa Monica, Culver City, and many other surrounding cities. For further information or to schedule a consultation please contact Omni Legal Group at 855.433.2226 or visit www.OmniLegalGroup.com to learn more.

Provisional vs. Nonprovisional Patent Application

Provisional vs. Nonprovisional Patent Application

A valuable invention is rare—when you invent something useful, it is important to protect your creation. Timing is everything when it comes to protecting your intellectual property. One way to protect your intellectual property even if it is not necessarily complete, is by filing a provisional patent application, which could be the first and best move instead of immediately filing a nonprovisional patent application. A provisional application gives you the flexibility to swiftly protect an invention. So, what is the difference between a provisional and nonprovisional patent application?

Provisional Patent Application

A provisional patent application is a way of securing your place in line at the United States Patent and Trademark Office. Once you file a provisional, you’re able to ensure nobody can steal your ideas by filing before you do. Provisional applications are not reviewed by the USPTO but are a way to secure your priority filing date. From the date of filing a provisional, you have one year to convert it into a full nonprovisional patent application, which is then reviewed by the USPTO for issuing of a full patent.

Provisional applications do not follow strict formats and only require very basic information and figures. To file a provisional application, the following items are required: names of all inventors, a complete description of the invention, and drawings and illustrations of the invention. For a provisional patent application to be effective in securing a filing date, the application must be properly written and ability for the invention to be utilized. Once the nonprovisional application is filed, the examiner will compare the provisional and nonprovisional applications to ensure they are the same invention. Hence, it is important to work with a trusted patent attorney to guide throughout the process for a successful outcome.

Nonprovisional Patent Applications

A nonprovisional patent application is what is filed and reviewed by the USPTO, eventually granting a patent. Once your patent is granted, nobody can use your invention without infringement, unless with written consent from you. Nonprovisional applications follow a very specific format and must include at least one claim. Once submitted, these can take anywhere from 16 months to two years before being reviewed by an examiner at the USPTO.

Nonprovisional applications must contain the following information: a specification including descriptions and claims, drawings, and illustrations. These components must be written clearly and enable the reader to use the invention. Mistakes in any of these requirements could lead to rejection of the patent application. At Omni Legal Group, we have the expertise in drafting and filing nonprovisional patent applications with a proven track record of issuance of full patents.

Which Type of Application Should You File?

File both. If you haven’t finalized all the details of your invention yet, but want to protect your ideas, then it is in your best interest to file a provisional patent application first. This gives you one year to test, optimize, and finalize your invention. At that point, you can file a nonprovisional application and begin the process of being issued a patent, with your initial filing date being protected. Provisional and nonprovisional patent applications are both very useful tools that, when used together, are a great way to get the most value from your invention and your patent.

Have Questions About Securing a Patent or Protecting Your Current Patent? Take Action by Contacting a Patent Attorney in Los Angeles Today

If you need help filing a provisional or nonprovisional patent application, it is in your best interest to retain the services of a reputable patent in attorney Los Angeles such as the Omni Legal Group. Omni Legal Group is a premier Patent, Trademark, and Copyright law firm located in Los Angeles. For further information or to schedule a consultation please contact Omni Legal Group at 855.433.2226 or visit www.OmniLegalGroup.com to learn more

Can Trademarks Help Protect NFTs?

Can Trademarks Help Protect NFTs?

In the past few years, non-fungible tokens (NFTs) have become a popular investment product. NFTs are cryptographic assets found in blockchains. Many people have purchased NFTs in the hopes that their value will increase or remain high. But, for something like an NFT to be valuable, it must be protected from unauthorized reproduction. Trademarks are a valuable strategy for protecting brand names, slogans, and logos. Trademarks are also used in the same way to protect NFTs from unauthorized use of reproduction.

Trademarks are names, phrases, words, designs, or other defined items that establish the identity for a company in a customer’s view. By registering your trademark, you are protected from other infringing your property. Registration creates a legally documented ownership of your trademark as part of the business you are running, which oftentimes is a very valuable asset. Furthermore, trademark registration can provide legal resolution for preventing others from damaging the honor of your business.

NFTs can include things such as digital artwork, fashion and accessories, avatars, music, sports highlights or memorabilia, memes, social media. They serve as valuable assets to businesses. One example is by generating sales and increasing your customers. Business owners can also make money with NFTs using smart contracts, that are immediately executed when the customer sends payment or completes some other condition. Additionally, your business could benefit from earning royalties on secondary sales of NFTs. It is important to trademark your NFT, to protect it from infringement and increase its value. In addition to obtaining protection from infringement, a federally registered NFT trademark enables you and your business to increase your brand identity and gain more recognition in the virtual world.

NFT trademark applications have increased tremendously from every sector. Some of these include finance and banking, food and beverage, restaurants, art, music, entertainment, clothing, and retail. The power of trademarking NFTs comes from preventing the damage of integrity of your NFT. This comes in the form or infringement protection, stopping counterfeit NFTs, as well as future types of infringement that may be unpredictable. One example involves the popular French designer/retailer, Hermès. The company sued a digital artist selling “Metabirkins”, claiming that their trademark protection of the real-world Birkin extends to the virtual world as well. This is a great example that highlights the importance of hiring an experienced trademark attorney which is imperative to protecting your assets, both virtual and in the real world.

Have Questions about the Patent or Trademark Application Process? Contact the Highly Reputable Omni Legal Group Today

The process of gaining an NFT trademark is the same as in the real-world marketplace, which begins with filing a trademark application to the United States Patent and Trademark Office. Ensuring a complete and valid application is imperative to protecting your trademark now and in the future.

The lawyers at Omni Legal Group have years of experience filing all types of trademarks and can handle your application for you. We are a premier Patent, Trademark, and Copyright law firm located in Los Angeles. For further information or to schedule a consultation please contact Omni Legal

Group at 855.433.2226 or visit www.OmniLegalGroup.com to learn more.

Intellectual Property Protection

There are many different types of intellectual property, and it can be confusing to understand the difference between them. In this blog post, we will discuss the difference between a patent and a trademark.

Both of these are important forms of intellectual property protection, but they offer different levels of protection and serve different purposes. If you are in need of a patent lawyer in Los Angeles to assist with either a patent or a trademark, please contact Omni Legal Group for a consultation.

What is a Patent?

A patent is a form of intellectual property protection that is granted to an inventor for a new invention. The invention can be a product, a process, or a machine. In order to receive a patent, the invention must be new and unique.

A patent gives the owner of the patent the right to exclude others from making, using, or selling the invention for a period of 20 years. After the 20-year period expires, the invention can become part of the public domain, and can be used without permission if the patent is not renewed.

What is a Trademark?

A trademark is a word, phrase, symbol, or design that identifies and distinguishes goods from one company from those of another company. A trademark can be registered with the US Patent and Trademark Office, which gives the owner of the trademark certain legal rights.

A trademark can be used to protect a brand name, logo, or slogan. For example, Nike’s “Just Do It” slogan is a registered trademark. Trademarks can also be used to protect the shape of a product, like the Coca-Cola bottle.

The owner of a registered trademark can and if need be, take legal action against anyone who violates the security of the trademark without permission.

Which One is Right for Your Business?

If you have invented a new product, process, or machine, you will want to file for a patent. If you have a brand name, logo, or slogan that you want to protect, you will want to register it as a trademark.

If you are not sure whether your invention is patentable or if your mark is eligible for trademark protection, contact our office for a consultation. Our experienced patent and trademark attorneys in Los Angeles can help you determine the best course of action for protecting your intellectual property.

Have Questions about the Patent or Trademark Application Process? Contact the Highly Reputable Omni Legal Group Today

If you have an invention and want to obtain a patent, retaining the services of a reputable and experienced patent lawyer is extremely important. Whether you are in need of, or have, a provisional patent, non-provisional patent, design patent, utility patent, or plant patent application, Omni Legal Group is here to help. Omni Legal Group is a premier Patent, Trademark, and Copyright law firm located in Los Angeles. For further information or to schedule a consultation please contact Omni Legal Group at 855.433.2226 or visit www.OmniLegalGroup.com to learn more.

Common Misconceptions about Patents

Patents provide a designated period of time where you get “control” over your invention. The way patents operate is that it gives you a legal recourse if a competitor attempts to utilize elements of your patent. This resource is a type of intellectual property right that gives you as the inventor a legal right to your ability to profit from your intervention.

A patent provides the exclusive access and rights to your invention including the design, invention itself, and the process of creating the invention in exchange for complete disclosure of your invention. Obtaining a patent protects you from any group or individual competitor that tries to utilize your design or implementation of your patent. In short, patents provides one legal protection for mitigating any patent infringements or any element improperly utilized by a competitor.

Patents are Cost Prohibitive

There are several different elements to the total cost of obtaining a patent. Key factors include your United States Patent and Trademark fees, attorney fees, and professional diagram or drawing fees.

There are a number of ways you can lower the costs and fees associated with obtaining a patent for your invention. These include making sure you have prepared a long length and very detailed summary of your invention, being ready to start the process with a finished invention, and able to provide a application for your patent in draft form.

Working with a highly experienced patent lawyer at the Omni Legal Group will help you be able to streamline your application which can lead to overall lower fees.

Patents Last Forever

Generally speaking, patents issued these days last no more than 20 years, as long as your maintenance fees are paid, if applicable for your type of patent. The 20 year count down starts from your initial application filing date, as in, your first application for your patent that you send into the Patent office.

Utility patents —> The United States Patent and Trademark Office (USPTO) issues fees on a 3.5, 7.5, and 11.5 year schedule for utility patents.
Design Patents —> If you file a United States design patent, there are no required fees.

The goal of the strategic scheduled fees is that you can let your patent lapse if you desire due to unforeseen financial circumstances surrounding the use of your patent or if the commercial benefits are no longer in line with your goals. The USPTO office sets the amount of the maintenance fees and how the fees scale in price strategically in line with a gradual raise of fees at each milestone.

Have Questions about the Patent Application Process? Contact the Highly Reputable Omni Legal Group Today