Patent attorney los angeles Archives

The Role of Intellectual Property in Startups: Building a Strong IP Foundation

In today’s fast-paced business environment, startups face numerous challenges, and one of the most critical aspects often overlooked is intellectual property (IP). Just like a house needs a
strong foundation, a startup must establish a solid IP strategy to protect its innovations, brand identity, and market position. With the rise of tech giants and creative ventures, understanding
and utilizing IP effectively can mean the difference between success and failure. Let’s explore the importance of IP for startups and how to build a strong IP foundation.

Why IP Matters for Startups

Intellectual property encompasses a variety of legal protections that cover inventions, brands, and creative works. For startups, having robust IP rights can provide a competitive edge and
attract investors. Consider the case of Snapchat, which fiercely protected its unique features and branding. By securing patents and trademarks, Snapchat created a barrier for competitors and
solidified its position in the crowded social media space. Without these protections, the risk of imitation and loss of market share increases significantly. Startups need to recognize that their
ideas and branding are valuable assets that must be safeguarded from the outset.

Understanding Patents: Protecting Your Innovations

Patents are crucial for startups developing new technologies or products. They grant exclusive rights to the inventor, preventing others from making, using, or selling the invention without
permission. A prime example is Theranos, a health technology startup that faced significant challenges partly due to its inability to protect its core innovations effectively. It’s important to
note that Theranos was ultimately revealed to be a fraudulent venture, highlighting the necessity of both innovation and ethical practices in business. Startups should consider filing for patents as
soon as they develop a unique product or technology. Working with a knowledgeable patent attorney can help navigate the complex application process and ensure that the invention is adequately protected, giving the startup a fighting chance in a competitive landscape.

Trademarking Your Brand: Building Recognition

A strong brand identity is vital for any startup, and trademarks are essential for protecting that identity. A trademark can cover names, logos, slogans, and even certain product designs. Think
of brands like Nike or Coca-Cola—their trademarks are instantly recognizable and synonymous with quality. Startups should prioritize trademark registration early in their development to
prevent brand dilution or confusion in the marketplace. Conducting a thorough trademark search before launching a brand can help avoid costly disputes down the line. Additionally, using a
A trademark can help establish credibility and trust with customers, essential for long-term success.

Protecting Trade Secrets: Keeping Your Edge

Trade secrets are another critical aspect of IP that many startups may overlook. This can include proprietary formulas, business strategies, or unique processes that give a startup its competitive
edge. A well-known example is KFC, which famously keeps its chicken recipe a secret. Startups should implement non-disclosure agreements (NDAs) with employees and partners to protect
sensitive information. It’s also vital to cultivate a culture of confidentiality within the organization, ensuring that employees understand the importance of safeguarding trade secrets. Taking these steps can help maintain a startup’s unique advantage in the marketplace.

Conclusion: The Road Ahead

In a world where innovation is key, startups must prioritize building a strong IP foundation to thrive. By understanding the different forms of IP—patents, trademarks, and trade secrets—
startups can protect their ideas and brand identity, ultimately contributing to their long-term success. Engaging with IP professionals, conducting thorough research, and implementing protective measures early on will set the stage for growth and stability. As the landscape of business continues to evolve, those who recognize the value of their intellectual property will
undoubtedly be better equipped to navigate the challenges ahead.

Omni Legal Group is a leading intellectual property law firm in Los Angeles, serving clients across LA County, including Santa Monica, Beverly Hills, and Culver City. Our experienced trademark attorneys specialize in securing patents, trademarks, and copyrights. From provisional to utility patents, we handle it all. For more information or to schedule an appointment, call 855.433.226 or visit www.OmniLegalGroup.com.

Remedies for Patent Infringement

Coming to the realization that an unauthorized user has infringed on your intellectual property is an absolute punch in the gut. After all the work and expense, one has put into developing, registering, and marketing your patent, it can be extremely frustrating to watch someone else making money off your idea.

As a patent holder, you have legal options to protect your IP. Here are some remedies you can pursue when you discover someone is infringing your rights.

Cease-and-desist Letters

The first step in many infringement situations is to have your patent attorney send a cease-and-desist letter to the person or company that’s infringing your mark.

There are two types of cease-and-desist letters. The first simply tells the infringing party to stop doing what they’re doing, or to “knock it off.” Often, this letter can be enough to scare the infringer and stop the infringement.

Patent attorneys also often send cease-and-desist letters demanding a settlement from the infringer. In exchange for receiving a settlement, the patent holder would agree not to file a patent infringement lawsuit.

Injunctions

If a cease-and-desist letter is not enough to stop the infringing activity, the next step to stop the infringement is initiating patent litigation. When a complaint is filed alleging patent infringement, they often ask the court for a temporary injunction at the outset of the case. If the judge grants the temporary injunction, the defendant must stop their infringing actions while the case is being litigated.

If a plaintiff is successful in court, part of the case disposition may include a permanent injunction. This would prevent the defendant from infringing the plaintiff’s patent again in the future.

Monetary Awards

In addition to an injunction, plaintiffs can win monetary awards in patent litigation. Patent holders can win a few different types of awards in court. The first type is “reasonable royalties,” which would be equivalent to what someone would pay to license the patent. The second type of monetary award is “lost profits.” This is the amount of money the plaintiff would have earned, but for the defendant’s infringement of the patent.

In some cases, courts will also award reasonable attorney fees to the prevailing party in patent infringement cases, if the facts of the case are “exceptional.”

Have Questions About How to Protect Your Patent? Contact the Highly Reputable Patent Lawyer in Los Angeles

If you have a patent that you suspect is being infringed, or you want to ensure proper protection, the 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 – an Overview

People are surprised to learn that multiple types of patent searches can be conducted, and the search selected will depend upon the search’s rationale. 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 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 other databases to assess whether any of the search results involve the same elements as those described by the inventor.

Freedom to Operate Search

A Freedom to Operate (FTO) search is done to help determine whether it would be prudent to commercialize the product in view of existing patents. In other words, the FTO search determines if the inventor is free to operate and commercialize the invention without the fear of getting sued for infringement. The focus of an FTO search and opinion is on the claim portion of the existing, in-force patents, 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.

The steps involved to conduct an FTO search 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 must then review and analyze the search results, specifically by scrutinizing the independent claims of the relevant patents and researching the prosecution history of those patents. The patent attorney will then assess if there is literal infringement or equivalent infringement for the elements described by the inventor.

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 Federal Government Can Be Held Liable for Patent Infringement

If you have ever asked yourself, “can the U.S. government be held liable in a civil action for patent infringement?” Here is the answer – Yes. This is because the federal government has effectively waived sovereign immunity when it comes to civil claims alleging patent infringement. As a result, the federal government can be the named defendant in a civil action alleging patent infringement, in certain circumstances.

Legal Basis to File a Civil Action against the Government

The legal basis to file a civil lawsuit against the U.S. government for patent infringement is 28 U.S.C. § 1498. This federal statute states that whenever an invention is protected by a registered patent and is used or manufactured by or for the United States without license of the patent owner, then the patent owner is afforded a civil remedy by filing a civil action against the federal government in the United States Court of Federal Claims. A civil claim can demand recovery of reasonable compensatory damages associated with the government’s use and manufacture of a patent-protected product.

Court of Federal Claims Maintains Jurisdiction over Patent Infringement

If a patent owner is looking to file a patent infringement lawsuit against the federal government, it is important to understand that you cannot simply file a lawsuit in any federal court. The civil action must be filed specifically within the U.S. Court of Federal Claims. Why? Because this is a unique court established to adjudicate civil claims based upon “the Constitution, federal statutes, executive regulations, or contracts, express or implied in fact, with the United States.”

Exception for Federal Contractors

There is an important exception you need to be aware of if you are looking to file a civil action against the federal government for patent infringement. The exception is that a patent owner is prohibited from suing a federal contractor who produced the allegedly infringing product or performed the allegedly infringing method. Instead, any civil action must be filed against the federal government. Though, it is worth noting that the federal government’s contract with the allegedly infringing contractor may require the contractor to indemnify the government for liability and costs associated with the litigation.

**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, whether by a private competitor or federal government, 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 lawyers at 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.

Filing an Information Disclosure Statement (IDS)

When filing a patent application, you have a legal obligation to disclose all information known to you that is material to the “patentability” of your device, product, idea, etc. These disclosures must be formally conveyed to the U.S. Patent and Trademark Office (USPTO) in accordance with 35 C.F.R. §1.56. You may be asking, “what exactly constitutes material information for my patent application?” Well, the governing standard is that any information that a reasonable patent application examiner would consider important in assessing whether to grant the application is deemed to be material. It is also important to understand that this disclosure duty is ongoing from the moment you file the application all the way to the issuance of the U.S. Patent.

Limitation of Disclosure Requirement

It is worth noting that the disclosure requirement set forth in 35 C.F.R. §1.56 only obligates an applicant to disclose material information that is “actually known” to the applicant and does not require a search to be conducted. This is an important, and necessary, limitation since the USPTO wants to avoid disclosures that are based purely on conjecture or speculation.

Satisfying the Duty to Disclose

The duty of disclosure is satisfied when you submit an Information Disclosure Statement (IDS) to the USPTO listing relevant patents, patent applications, and other published documents or information. Depending on the nature of the disclosure, a copy of the document may also need to be provided to the USPTO.

Ramifications Associated with Failing to Disclose Material Information

The ramifications from failing to comply with the duty of disclose can be quite severe. For example, if it is determined that you willfully failed to provide material information to the USPTO, it can result in a later ruling of “unequitable conduct” that ultimately renders your issued patent unenforceable. If that was not bad enough, when there is evidence of willful failure to disclose, it exposes you to being sued for damages in federal court.

Supplemental Examination

If you are applying for a patent or currently own a patent and, at some point, you discover material information that should have been disclosed to the USPTO, you can request a “supplemental examination” which affords the opportunity to consider, reconsider, or correct information believed to be relevant to the patent. The ability to request a supplemental examination is available at any point during the period of enforceability for the patent.

There are various benefits associated with a request for supplemental examination. Once your supplemental examination materials are filed with the USPTO, a review will be undertaken, and you will usually get a response from the federal agency within three months. The response will typically come in the form of a certificate indicating whether the information you provided raises a “substantial new question of patentability.” If that is the case, an ex parte, re-examination of the patent will be required. If not, the request ends there. Another benefit associated with a request for supplemental examination is that a patent cannot be deemed unenforceable based solely on information that was considered, reconsidered, or corrected during a supplemental examination, so you can have a level of confidence during this process that you will not, sua sponte, lose your patent protections.

**Contact an Experienced Patent Attorney in Los Angeles Today**

As you can see, the process of applying for a patent is complex, time-intensive, and involves an array of different rules and regulations. Hence, it is in your best interest to retain the services of a patent in attorney Los Angeles such as the highly reputable professionals at 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.

Different Types of Patent Searches

When an individual or business is looking to apply for a patent, they are usually surprised to discover the array of options that need to be analyzed in order to conduct a proper patent search. The reason there are multiple patent search options is because the scope of the search will be determined by the overarching reason for the search.

Generally, there are four types of patent searches that can be conducted:

Novelty (patentability) search
Freedom to Operate (FTO) search
Non-infringement search; and
Validity search

Let’s take a look at each…

Novelty Search

The most common type of patent search is the novelty search. Why? Because this type of search is initiated to help determine the likelihood of successfully getting a patent application through the United States Patent and Trademark Office (USPTO). Most startup companies engage in a novelty search to help assess whether a particular invention is actually patentable and worth the time and money to pursue a patent with the USPTO. Another benefit is that a novelty search routinely provides valuable information to inventors. For example, it can provide context and insight into other businesses competing in the same sector.

To complete a novelty search, you will need to clearly identify the invention and itemize each element and key aspect that you believe makes your invention novel and unique. Once this is done, a comprehensive search can be conducted through the USPTO database for patents and publications, Google, and other databases to assess whether any aspect of your invention has already been patented or would be considered “obvious” to the point where filing a patent application would not be worth the time, money, and energy.

Freedom to Operate Search

A Freedom to Operate (FTO) search (also known as a Clearance search), helps determine whether it would be prudent to commercialize a particular product in light of current products that have enforceable patent rights. The FTO search would determine whether you have the freedom to operate and commercialize an invention without a major risk of getting sued for patent infringement. If, for example, a Freedom to Operate search locates information that indicates a risk of patent litigation, you can assess whether to abandon the commercialization of the proposed invention, engage in a redesign, or possibly reach out to the owner of the patent and negotiate a licensing agreement.

Non-infringement Search

A non-infringement search, much like a Freedom to Operate search, is generally pursued to help determine if a proposed invention could infringe on an already-active patent. However, this search is unique in that it focuses on a specific patent, or set of patents, that have been previously identified as relevant to your invention. Engaging in a non-infringement search is generally recommended when a new product, process, or technology is created but is known to be similar to an existing patented product, process, or technology. This is especially true when there are known and recognized competitors with enforceable patent rights.

Validity Search

The validity search is considered to be the rarest form of patent searches. It is typically only pursued in the context of patent litigation where a defendant, or potential defendant, in a patent infringement lawsuit is seeking information that could be used to invalidate a particular patent thereby nullifying that patent owner’s legal rights.

Need Help with Conducting a Proper Patent Search? Contact an Experienced and Respected Patent Attorney in Los Angeles Today

As noted above, there is an inherent level of complexity associated with even attempting a patent search. To help ensure the search is done correctly and thoroughly, contact the highly reputable patent attorneys at 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.

Cannabis-Based Businesses and Trademark Law

Despite marijuana being legal in some form in 43 States and territories, there continues to be a prohibition on securing a federal trademark registration for any marijuana-based products. Why? Because marijuana remains a Schedule I drug under federal law. The conflict between the ever-growing number of state laws legalizing the sale and use of marijuana and cannabis-based products, and the archaic federal prohibition have created major issues for CBD business owners. This is because CBD products typically contain a certain amount of THC (the active ingredient in marijuana). As a result, a business selling CBD products is generally prohibited from securing a trademark under law.

Steps Toward Progress

Congress recently passed legislation that was intended to help ease the restrictions on trademarks for certain types of CBD products. The legislation was part of the massive 2018 Farm Bill. Specifically, the Farm Bill removed hemp and hemp-derived products from the Controlled Substances Act (CSA).

After the Farm Bill was signed into law, the U.S. Patent and Trademark Office (USPTO) issued a memo emphasizing that it would not register trademarks for applicants selling any goods and services that violate federal law. Nevertheless, the USPTO officially stated that applications for trademarks related to products that meet the definition of hemp will now be reviewed and accepted by the federal agency, subject to certain exceptions.

The new regulations stipulate that you can now pursue federal trademark registration for a hemp-based product if it meets the following standards:

The product contains less than 0.3% THC (dry weight);
The product is derived from hemp;
The product is NOT an oil;
The product is NOT a food or beverage;
The product is NOT a dietary supplement; and
The product is NOT a pet treat.

Many CBD business owners have raised legitimate complaints about the narrow and rigid the current regulations are to secure a federal trademark. If a business is unable to trademark a CBD-based oil, food, beverage, pet treat, etc. there is not much left that can be trademarked.

If you own a business selling CBD products, do not throw your hands up in despair. There are ways to protect the trademark of your CBD business. For example, there is a Trademark Registration System within each state. This means a CBD business can legally secure a state trademark registration in those states where CBD products are legally offered for sale.

Once you secure the State-level trademark, you will be empowered with the legal right to prevent competitors from using the trademark of your CBD business.

**Have Questions? Contact an Experienced Trademark Attorney in Los Angeles Today**

As you can see, the rules and regulations related to securing a trademark are complex and vary greatly at both the state and federal level. Hence, it is in your best interest to retain the services of a reputable and experienced trademark attorney such as the professionals at 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.