Frequently Asked Questions

Who can I tell about my idea/invention, and what precautions should I take?

It is important that inventors and businesses keep an invention confidential until they have decided they want to patent the invention.  In the United States, an inventor may be unable to patent a novel invention if the patent application was filed more than one year after the invention was publically disclosed or placed on sale.  To avoid making a public disclosure, an inventor should require others to sign a Non-Disclosure Agreement (“NDA”) to prevent the disclosure to a third party from being a public disclosure.

Should I have a patent search done?

Yes.  A patent search includes a patentability opinion and a cursory review for patentability and infringement issues.  A patent search will give you an idea of the potential breadth of any claims to be included in your patent.

What are “Claims” and why are they so important?

Claims are one-sentence descriptions of what the inventor considers the invention to be.  The claims legally define the scope of an invention and the inventor’s right to exclude others from making, using or selling the invention.  The claims are the most important part of the patent application.

I have a patent and I think someone is infringing on it. What should I do?

The first thing you should do is call IPS Law Group, P.A.  Make an appointment with us to discuss your patent in relation to the accused product or service.  We can give you a good idea as to whether or not the accused product or service is actually infringing your patent.  If it is a close call, a more in depth analysis may be required.  We can suggest alternatives to resolve the situation without litigation such as settlement agreements.  If it becomes clear that litigation is required, IPS Law Group, P.A. can handle that as well.

Trademark Questions

What makes a good trademark?

Generally, a good trademark is one that uniquely identifies your goods or services.

I have received a cease and desist letter from a company stating that my name infringes their trademark. Do I have to change my company name and logo?

It depends.  In certain circumstances, you may have to change your name or logo to avoid a trademark infringement suit.  For more details, contact us today for a consultation.

I have received a letter from a company stating that my website infringes their trademark. Do I have to assign my domain name to them?

Again, it depends. Many things influence infringement such as whether the company has a superior right to you, when and how they starting using the trademark, what products and services they are using and whether they have a federal or state registration.  For more information, contact us today for a consultation.

I am not using a particular trademark now, but I plan to in the future. Can I register the trademark to prevent others from using it?

Generally, trademark rights arise from the use of the mark.  However, if you have a good faith belief that you will be using the trademark in a fairly short period of time after you file your application, you can file an Intent to Use Application.  Once filed, you have six months from the date of the notice of allowance to provide evidence that you are using the trademark.  If you are not using the trademark by the end of the six month period, you can file a petition for an extension.  The United States Patent and Trademark Office will allow you to file up to 5 extensions.

How long do trademarks last?

Trademark rights last as long as you are using them to identify your goods and services in commerce.  In theory, they could last in perpetuity.  Trademark registrations can also last in perpetuity as long as you make the required filings evidencing continued use.

Trade Secret Questions

What is the difference between a patent and a trade secret?

Generally, trademark rights arise from the use of the mark.  However, if you have a good faith belief that you will be using the trademark in a fairly short period of time after you file your application, you can file an Intent to Use Application.  Once filed, you have six months from the date of the notice of allowance to provide evidence that you are using the trademark.  If you are not using the trademark by the end of the six month period, you can file a petition for an extension.  The United States Patent and Trademark Office will allow you to file up to 5 extensions.

How do I protect my trade secret?

There are several ways to secure trade secret protection, such as the enforcement of employee non-compete agreements or confidentiality agreements.  State law governs trade secret law.  Therefore, the laws governing a Florida trade secret may differ from a Texas trade secret.  However, most states have adopted some form of the Uniform Trade Secret Act.

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