Major features of provisional patent applications and the differences with non-provisional patent applications. To briefly introduce the background, provisional patent filing was offered by the USPTO in 1995 to provide U.S. inventors a low-cost, simpler option that established parity between U.S. filers and those foreign filers who were able to benefit from their foreign filing priority dates with no negative …
Whether a Combination of a Generic Term with a Top-level Domain Name Like “.com,” Is Trademarkable?
Introduction A trademark is a word, symbol, phrase, or a combination thereof that identifies the source of goods or services offered by a specific provider. The distinctiveness of a mark is a significant factor in deciding whether the mark can be protected under trademark laws and whether it can be federally registered as a trademark. Generally, the more distinctive the …
Is Your AI Invention Patentable?
Introduction Generally, an artificial intelligence (AI) system is a set of algorithms, a mechanism, or a data-analyzing pipeline that is able to discover complex relationships and valuable information from the existing data as well as make decisions and predictions. Today, the success of many corporations, like Google, Amazon, Facebook, and Apple, is beholden to the AI algorithms that enable them …
NONCOMPETE, NONSOLICITATION, CONFIDENTIALITY, AND INVENTION ASSIGNMENT AGREEMENTS IN CALIFORNIA
CAN I LEAVE MY PRESENT EMPLOYER TO START MY OWN COMPANY OR JOIN A COMPETITOR EVEN IF I HAVE SIGNED A NONCOMPETE, A NONSOLICITATION, A CONFIDENTIALITY, OR AN INVENTION ASSIGNMENT AGREEMENTS IN CALIFORNIA? Consider the following scenario: You’re a California resident and offered employment by a California or a foreign employer. As a condition of your employment, you’re asked to …
Can I Register My Trademark?
As a provider of products or services, you may want to register your trademark with the United States Patent and Trademark Office (USPTO) for all the benefits the registration provides. But registering your trademark at the USPTO can, sometimes, be a complicated task. That is because, not all trademarks are registrable. There are a number of obstacles that you may …
Federal Judge Questions Validity of ‘Server Test’ in Copyright Infringement Case
The creator of a work, whether it is a painting, a manuscript or a photograph, is protected against unauthorized use of the work by others. A recent ruling in a federal lawsuit by a photographer seeking damages for copyright infringement by The Boston Globe, Breitbart News and other news organizations is being characterized as a blow to the wide-spread practices …
Copyright and the Public Domain: What You Need to Know
Regardless of how complicated the world of intellectual property becomes, one constant line in the sand remains for anyone attempting to protect the rights to their work. No matter what you do, do not let your intellectual property pass into the public domain. What is the Public Domain? But what exactly is the public domain, and why do you need …
How to Approach a Patent Infringement Case
After successfully registering your patent with USPTO any competitor attempting to use your idea needs to ask for your approval first. Sometimes you may come across other companies using and selling your ideas without your approval. This is called a patent infringement, and when infringement takes place, the patent holder can pull the offender into court. To sue the alleged …
An Introduction to Intellectual Property
For any business, the right to tangible assets such as equipment, land, and the like is considered to be common knowledge, and there are no concerns about ownership in such a case. But what about the intangible assets such as the names, symbols, and images? Any creation of the mind that has value is regarded as an intellectual property of …
Protecting Rights to IP as a Freelance Worker or Independent Contractor
According to Forbes magazine, 35 percent of the American workforce is composed of freelance workers and independent contractors. Collectively, they have annual earnings of approximately $1 trillion, and 2.8 million of them are business owners. When intellectual property is created by a freelancer or independent contractor, issues frequently arise concerning ownership of the work. Determining ownership of intellectual property can …