Should I Hire an Attorney

Should I get my own registration or should I hire an attorney to do a registration? Well, with any legal process, there’s forms to fill out. There’s pitfalls to do, and there’s confusion factor. People go online, they see the form, they attempt to do it. It works by me sometimes. People call me up and said, “Oops, I made a mistake. Can you get me out of this problem?” In the end, um, most likely if you’ve never been through the process, you’re gonna make mistakes, you’re gonna hire me, and you’re gonna pay me in the end anyway, and it’s gonna cost you more to clean up the mistakes.

Patent Cooperation Treaty

The filing of a Patent Cooperation Treaty, or PCT, application is quite expensive, and therefore it is only cost effective if five or more foreign countries are of interest. The choice of countries in which to file, whether under the Patent Paris Convention, or the PCT, depends on the market for the invention. For example, there may be a market for scuba diving equipment in one country and for ski equipment in another. If you have more questions, we suggest consulting with an experienced patent attorney.

Your Invention & NDAs

A patent grants inventors exclusive rights to their inventions and prevents others from making, using, or selling the invention without permission. If your invention is not patentable, you can still protect it by having potential customers sign a non-disclosure agreement, or NDA. Of course, some people will violate the terms of an NDA even if they sign it. It is therefore once again important to know who you are entrusting with your invention. If you have more questions, we suggest consulting with an experienced patent attorney.

Descriptive Trademark Registrations

To get a trademark registration, everyone comes up and they want to have the most descriptive word they can. But if you get too descriptive, you’re picking a generic word. It’s simply not registrable. However, if you make a nonsense word and use that as your trademark, and we’ll give you an example to understand this. There’s a trademark, Apple, for Apple Computers. Which is fine, because there’s no relationship between an apple and a computer. However, if I’m an apple grower, I certainly cannot get a registration for the mark “Apple” for apples. It’s just a generic word, and that would not be available.

More Benefits of Trademark Registration

When you get a federal registration, you have an automatic valid trademark. That means once you register it, it’s assumed you’ve gone through all the hoops and that is valid. And what that means is if you’re ever in a legal issue, you don’t have to prove you have a trademark. You simply have to show your registration and it’s on the other person’s burden to either destroy your registration, say it’s no good for whatever reason. Or basically say, thank you, we made a mistake, we’ll move on and, and change to a different good because you have your federal registration.

Keeping Your Invention Secret

It is important to be cautious when sharing your invention with others. By revealing your invention to others, you may put your intellectual property rights at risk. The more you reveal about your invention, the more likely another person can steal or copy it. To protect your invention, you should consider filing for a patent. If you have more questions, we suggest consulting with an experienced patent attorney.

Patent Applications & Prior Arts

In order to be patentable, a claim must contain at least one feature not found in the prior art, while not reciting more features that are necessary to distinguish from the prior art. An abstract of disclosure, which briefly describes the invention mostly for searching purposes, is found after the claims, but it is published on the first page of the patent. If you have more questions, we suggest consulting with an experienced patent attorney.

Benefits of Trademark Registration

Now, what’s the advantage of having a federal registration? Well, there’s a database that registers all marks. Now, when somebody comes along and starts using their own mark and it’s similar to yours, they can’t plead ignorance of not knowing the existence of your mark because it’s in one of these registers. It’s available for the public.

Where Should I Register My Trademark?

I get asked “Should I register my trademark and where should I register my trademark?” and my question is or my answer is more specifically, you have two options, you can file with the state of Florida or you can file with the federal government let’s look at the advantage of filing and actually registering your trademark, not just using it in commerce. First of all, if you get a federal registration, your mark is good in the United States and all U.S. territories, including Puerto Rico. If you do a state registration, of course, you get the whole state of Florida.

Drafting a Patent Application

A patent application begins with a discussion of the prior art. The next section explains the problems or shortcomings with that prior art and what improvements are needed according to the objects of the invention. The invention is then described in detail, usually with the aid of drawings. Finally, the application concludes with claims, which define the actual scope of protection afforded by the patent. If you have more questions, we suggest consulting with an experienced patent attorney.