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If you are looking to protect your invention, or possibly commercialize it, then you need to be proactive and consider applying for a utility patent. You may be wondering, “What is the process and amount of time necessary to secure a utility patent?” Well, the answer largely depends on whether you are handling the patent application process yourself, or if you retained the services of a knowledgeable patent attorney in Los Angeles. For individuals who opt to apply for a utility patent without the assistance of an attorney, the application process could take up to 25 months (i.e., more than…

Some people mistakenly believe that if they successfully register a trademark, they are bestowed perpetual legal right and ownership over that mark. In reality, a trademark can be canceled (also known as being declared “dead”) if the mark has not been used for three years, or if you fail to maintain your trademark filings. During the trademark application process, the applicant agrees that the trademark will either be used in commerce with the goods or services listed in the registration or it will not be used in commerce due to special circumstances. Most applicants indicate their mark will be used…

Business Escrow Explained Escrow is a third-party process requiring the payment of a fee to an independent individual or entity that will act as an “escrow agent”. If the transaction goes as planned, the funds and property placed in escrow will be transferred in accordance with an agreement that was negotiated between the parties. If, on the other hand, the contract is not fulfilled or is breached, the contents of the escrow account can be returned to the parties. Additional Protection The additional layer of protection is through California’s Escrow Law (i.e., California Civil Code Section 1057). Specifically, Code Section…

Some people mistakenly believe that if they successfully register a trademark, they are bestowed perpetual legal right and ownership over that mark. In reality, a trademark can be canceled (also known as being declared “dead”) if the mark has not been used for three years, or if you fail to maintain your trademark filings. During the trademark application process, the applicant agrees that the trademark will either be used in commerce with the goods or services listed in the registration or it will not be used in commerce due to special circumstances. Most applicants indicate their mark will be used…

There are many different types of innovations and inventions that can be patented in the United States. Nevertheless, there are certain things that generally cannot be patented; hence, it is important to have a baseline of knowledge of what qualifies for a patent before beginning the patent application process. Different Types of Patents Patents are typically broken down into specific patent types. The types of patents include: Design patents Utility patents Plant patents Design and utility patents are, by far, the most common types of patents pursued in the United States. Design Patent Generally, a design patent protects the ornamental…

California joins several states (e.g., Washington, Colorado, New York City, etc.) now requiring specific businesses to provide a compensation range in any job posting. Specifically, all private employers in California with 100 or more employees are required to provide pay data reports to the California Civil Rights Department, even when they are submitting Employer Information Reports (EEO-1) to the Equal Employment Opportunity Commission (EEOC). The new California law mirrors federal law requiring private employers with 100 or more employees to file annual EEO-1s with the EEOC. Employers are obligated to submit reports detailing the following data points: Number of employees…

If you are in the process of a developing a new, innovative product, there will come a time when you need to address an important question – should you focus on marketing the new product or invest the time in filing for a provisional patent application? The answer is…it depends. For additional context, let’s look at some key features and distinctions between provisional patents and non-provisional patents. Provisional Patents Provisional patent filing was first offered by the United States Patent and Trademark Office (USPTO) in 1995 to provide U.S. inventors a simple, cost-effective option that established parity between U.S. and…

How are Online Transactions Affecting Businesses? Even before the pandemic sped up the industry, there had been a steady growth in online business transactions. With over 10,000 fintech startups registered in the US alone, there’s a huge market for online business solutions and the resultant payment solutions necessary to enable the transactions. A cultural shift has seen the world embrace more cashless solutions as business transactions have moved into the digital space. As Generation Z and millennials before them experience increased disposable income, businesses have been forced to adapt. Some of the most profitable American companies have been those providing…

  Registering a trademark can be a difficult and stressful process. Why? Because one of the key aspects of the trademark application process is selecting the correct “class” for your trademark. There are 45 classes in total, and it is up to you, the applicant, to select the right one. The class selection process may be intimidating to some considering each class relates to a specific type of good or service, but often results in ambiguities and misinterpretations of what good or service should fall into which class. This is where the counsel and guidance of an experienced trademark lawyer…

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…