Intellectual Property
An intellectual property ("IP") lawyer can evaluate cases involving patents, trademarks, copyrights, trade secrets, franchising, technology rights, data rights, internet law and invention development.
INTELLECTUAL PROPERTY ARTICLES AND INTERVIEWS Long Term Care Health Insurance? More likely Living with the Kids
 Seattle, WA: Increasingly, the families of policy holders are finding that their parents' long term care insurance is being denied. There could be multiple reasons, but one thing is certain: the insurance companies weren't prepared for so many claims. There are more people living longer and they are in need of assisted living or nursing home care. But they may wind up moving in with the kids. [ Read More ]
Intellectual Property Lines Sometimes Blurred
 Washington, DC: China has an even greater impact on North Americans than serving as a source for contaminated goods. Chinese hucksters and opportunists make off, together with their Asian counterparts, with up to $3.7 billion in 'lost' intellectual property, which is part of a basket of infringements that includes copyright infringement and copyright law. [ Read More ]
A Hiccup of Copyright and Intellectual Privacy
 Bucks County, PA: On the surface it may appear like a hiccup in communication. Nonetheless, a dispute between the family of a girl plagued with hiccups and the manufacturer of a hiccup aid has escalated into a lawsuit alleging intellectual property infringement, and copyright infringement. [ Read More ]
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IN THE NEWS
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JUN-22-09: A federal jury has agreed a settlement in the 8 person class action lawsuit against Headwater Inc. The settlement is for $8.7 million. The suit was brought by a group who had sued over a purchase agreement involving a synthetic fuel technology. [REUTERS: HEADWATERS SETTLES FOR $8.7 MILLION]
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MAR-17-09: A lawsuit was filed Tuesday by Discovery Communications Inc, alleging that Amazon, the giant online book retailer, is infringing on Discovery's patent on electronic book technology. Kindle is Amazon's electronic book reader, and the lawsuit claims that in the 2 existing versions of Kindle both infringe on Discovery's technology. [MSNBC: AMAZON SUED OVER KINDLE TECHNOLOGY]
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FEB-27-09: A $30 million lawsuit has been filed by Jennifer Lopez and Marc Anthony against Silver Cross Ltd, the makers of baby strollers. The suit alegest that the company used a photo of the couple using a Silver Cross Balmoral Pram Carriage stroller to help sell the product on the company’s Web site and in various print and electronic media and newsletters.
[MSNBC: J LO STROLLER SUIT]
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OCT-20-08: Control over King family documents required to write a memoir of Martin Luther King Jr. is at the heart of a bitter legal battle, and threatens to kill a $1.4 million dollar book deal. [AP: MARTIN LUTHER KING LAWSUIT]
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SEP-08-08: Plans to publish a Potter Encylcopedia - the Harry Potter Lexicon - based on the famous children's character Harry Potter - have been stopped by a judge who ruled that it would be in violation of J.K. Rowling's copyright. [Des Moines Register:]
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AUG-18-08: Sprinkles Cupcakes has accused a rival maker of minicakes, Famous Cupcakes of stealing its trademarked 'Modern Dot' cupcake design in order to steal market share. [REUTERS: TRADEMARK INFRINGEMENT]
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Publish your Intellectual Property experience here for our readers to learn from.
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| SAIC alleging negligence resulting in identity theft. |
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| eBay allegedly failing to protect artists from copycats. |
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| Madison, CT allegedly violated state constitution by excessively increasing permit fees. |
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What is a Patent?
A patent is an official document issued ("granted") by the federal government to the recipient ("patentee"), granting "...the right to EXCLUDE others from making, using, or selling the invention throughout the United States." (35 U. S. C. 154) An intellectual property lawyer can help with these issues.
A patent has 3 basic parts:
- A grant
- A description ("specification") telling how to make the invention, and
- CLAIMS (defining, in words, what is protected).
A Patent Specification generally includes four main components:
- Background (describing the technical field of the invention and the problems that existed before the invention,
- Drawings (usually required) showing the invention; and
- Detailed Description(enables readers to make and use invention and shows best mode known to inventor at time of filing - i.e. satisfies statutory duties under 35 U.S.C.112)
- Claims, which define, in words, the limits of coverage claimed by the inventor.
What is a Patent?
Other Features of Patents
How to evaluate an Invention
What a Patent is NOT
What is Patentable?
When may One apply for a Patent?
How to Obtain a Patent:
STEP 1: Prepare a Disclosure of the Invention
STEP 2. Conduct a Patentability Search
STEP 3: Draft and File the Patent Application
STEP 4: Prosecution of the Patent Application
STEP 5: Pre-Grant Publication of the Patent Application
STEP 6: Issuance of the Patent
Exploitation of Patents
Enforcement of Patents
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Infringement
 Patents deal with inventions.
Trademarks and service marks deal with "marks" used in "trade", that is brand names.
Copyrights deal with works of art. Intellectual property, especially copyright for writers, is seemingly a simple concept: when you create something, you own it.
Copyrights, like trademarks, arise automatically.
Patents, however, must be applied for.
An intellectual property lawyer can help with all of these things.
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Trademark, Copyright, Patent Infringement Legal Help
If you have suffered from Trademark, Copyright or Patent Infringement, please click the link below to send your complaint to a lawyer to evaluate your claim at no cost or obligation.
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