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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…

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…

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…

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…

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…

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…

U.S. patent law dictates that an inventor must file a complete patent application within the first year of public use or disclosure of your patent or within one year of your very first offer to sell your patent.   Patent attorneys help businesses and individual inventors through the very complicated and convoluted process of securing a patent for an invention and enforce the rights of your patent if they were to be challenged or violated.   The purpose of filing a patent is to ensure your right to prevent anyone from selling the same product or benefiting indirectly from a…