Tag: Patents

patent

Does Your Business Need to Apply for a Patent?

Creating a business model is a multi-faceted project, and one that can be ongoing throughout the lifetime of your company. Along with this comes a host of other responsibilities such as creating your brand, establishing partnerships and agreements, hiring, establishing benefits packages, designing marketing campaigns—and oh yes, somewhere in there too: establishing a solid client base! There are many elements to founding and maintaining a healthy business, and while there is much to protect, intellectual property must be at the top of the list.

You may be an inventor yourself, or either full-time employees or independent contractors may be creating innovative products for your company. And although that is another somewhat complex subject, if you do have independent contractors working for you, it is vital that you have airtight agreements to protect what is your property essentially—unless stated otherwise. Before you wonder about patents further though, understand how they are defined. According to the United States Patent and Trade Office, a patent is issued when they grant property rights for an invention to the inventor. It does not expire for 20 years after filing of the application and gives you the right to exclude everyone else from using the invention, making it, and selling it in the US. Everyone else is also excluded from importing it into the US.

“Once a patent is issued, the patentee must enforce the patent without aid of the USPTO,” states the USPTO. “The patent law specifies the general field of subject matter that can be patented and the conditions under which a patent may be obtained,” continues USPTO information.

“In the language of the statute, any person who ‘invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent,’ subject to the conditions and requirements of the law. The word ‘process’ is defined by law as a process, act, or method, and primarily includes industrial or technical processes. The term ‘machine’ used in the statute needs no explanation. The term ‘manufacture’ refers to articles that are made and includes all manufactured articles. The term ‘composition of matter’ relates to chemical compositions and may include mixtures of ingredients as well as new chemical compounds. These classes of subject matter taken together include practically everything that is made by man and the processes for making the products.”

If your business owns rights to an invention that needs this type of protection, then you do need to apply for a patent. Work with an experienced intellectual property attorney from an office like the Bolender Law Firm. There are some pre-application steps that are very important and getting help from a legal professional versed in patents is in your best interest as you determine what type of patent you need, whether there are other similar (or identical) ones in existence already, and more. Understanding patent laws and the application process can be complicated.

The Bolender Law Firm can assist you in all intellectual property matters. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

Does Your Business Need to Apply for a Patent?

Creating a business model is a multi-faceted project, and one that can be ongoing throughout the lifetime of your company. Along with this comes a host of other responsibilities such as creating your brand, establishing partnerships and agreements, hiring, establishing benefits packages, designing marketing campaigns—and oh yes, somewhere in there too: establishing a solid client base! There are many elements to founding and maintaining a healthy business, and while there is much to protect, intellectual property must be at the top of the list.

You may be an inventor yourself, or either full-time employees or independent contractors may be creating innovative products for your company. And although that is another somewhat complex subject, if you do have independent contractors working for you, it is vital that you have airtight agreements to protect what is your property essentially—unless stated otherwise. Before you wonder about patents further though, understand how they are defined. According to the United States Patent and Trade Office, a patent is issued when they grant property rights for an invention to the inventor. It does not expire for 20 years after filing of the application and gives you the right to exclude everyone else from using the invention, making it, and selling it in the US. Everyone else is also excluded from importing it into the US.

“Once a patent is issued, the patentee must enforce the patent without aid of the USPTO,” states the USPTO.

“The patent law specifies the general field of subject matter that can be patented and the conditions under which a patent may be obtained,” continues USPTO information.

 “In the language of the statute, any person who ‘invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent,’ subject to the conditions and requirements of the law. The word ‘process’ is defined by law as a process, act, or method, and primarily includes industrial or technical processes. The term ‘machine’ used in the statute needs no explanation. The term ‘manufacture’ refers to articles that are made and includes all manufactured articles. The term ‘composition of matter’ relates to chemical compositions and may include mixtures of ingredients as well as new chemical compounds. These classes of subject matter taken together include practically everything that is made by man and the processes for making the products.”

 If your business owns rights to an invention that needs this type of protection, then you do need to apply for a patent. Work with an experienced intellectual property attorney from an office like the Bolender Law Firm. There are some pre-application steps that are very important and getting help from a legal professional versed in patents is in your best interest as you determine what type of patent you need, whether there are other similar (or identical) ones in existence already, and more. Understanding patent laws and the application process can be complicated.

The Bolender Law Firm can assist you in all intellectual property matters. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

copyrights

Copyrights, Trademarks, Patents: Understand the Differences & What You Need

As a company owner, you may have accrued numerous assets after years in business. You may own real estate—to include your business site—company vehicles, a large amount of office property and inventory, and other investments that relate to your industry. What about intellectual property though? You, your business partners, and independent contractors working for you either temporarily or long-term may be busy creating items that are truly some of your most valuable assets, and they must be protected.

As you begin producing different types of work, innovations, and perhaps even major inventions, you may be confused about what security measures you need to take, and how to do so; however, with the expert legal assistance of a firm like Bolender Law Firm, you will have a better understanding of your options regarding materials, negotiating licenses, preparing applications for registration, and more.

The terms copyright and trademark are sometimes used interchangeably, but they actually denote very different types of intellectual property law, along with patents. We’ve included brief information regarding each, so you can think about what may apply to your needs, and what type of protection your intellectual property requires:

  • Copyrights – whether you are applying for your own or asking permission to use a copyright assigned to another entity, this grants exclusive rights to the creator of an expression of art, whether that may be a book or a screenplay, software, music, or more. Copyrights are covered for a period of 95 years if they were published after 1922, but before 1987. If they were developed but not actually published before 1978, the work is covered for the lifetime of the creator, and an additional 70 years after that.
  • Trademarks – this type of intellectual property protection becomes critical when you are creating a brand. By registering a trademark (such as a logo), you allow your company and its products to be distinguished from that of the competition; likewise, the service mark denotes the services you offer.
  • Patents – this license is reserved to grant exclusive rights for inventions—usually for about 20 years from the time of application. During that timeframe, others may not manufacture the invention for their own purposes, use it, or sell it.

The Bolender Law Firm can assist you in all intellectual property matters. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!