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…
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….
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,…
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…
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…







