What is Patent Infringement?

What is Patent Infringement?

Intellectual property
When your patent application is approved, you gain certain rights in your invention. Nobody has a right to directly or indirectly infringe your patent. If they do, you can file a lawsuit against them, both to get them to stop and to receive damages. A patent infringement is any prohibited act with respect to a patent. The only way that someone other than the patent holder can use the invention is through a license that they negotiated. If someone is violating your patent rights, you must take action to enforce them. Otherwise, they will get away with profiting off your hard work. Direct infringement is when someone makes, uses, or tries to sell something without obtaining a license from the patent holder. One can do this willfully (which could make…
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Does Your Business Have an IP Strategy?

Does Your Business Have an IP Strategy?

Intellectual property
When you start a business, you likely focus on choosing a name, filing paperwork with the state, and setting up operations. One thing that might fall by the wayside is an intellectual property strategy, which can be costly for your enterprise. Speak with an IP attorney as soon as possible about how to maximize your IP protections and investments. Protecting Your IP Your IP will vary depending on your specific business, but protections you might need include patents, copyrights, trade secrets, or trademarks. Applying for protections or meeting the requirements for trade secrets are complicated processes, and you likely do not have time to focus on IP protection during your startup phase. Allow a lawyer to navigate the application process and ensure you receive all the protections needed for your…
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Things to Know About Trademarks

Things to Know About Trademarks

Trademarks
If you are starting a business or rebranding, you have a lot to consider. One thing that should be high on your priority list is trademarking your brand. This is not something you should do on your own - instead, consult with a trademark lawyer who can provide advice and navigate the process for you. What Do Trademarks Protect? Trademarks protect many aspects of your company’s brand, including the business name, logo, symbols, and more. If something represents and identifies your business and its products or services, it should likely be trademarked. Do You Need Official Trademark Protection? You can have some legal protection of your brand by simply using it and making it known to the world. However, by applying for and obtaining an official trademark from the USPTO,…
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Steps to Obtain a Patent

Steps to Obtain a Patent

Patents
When you have an invention or formula, you should never delay in obtaining patent protection. However, seeking a patent is a complex process, and you should always have help from an experienced patent attorney. Step number one is consulting with a legal professional who handles patent cases. You have a business to run, and there are many opportunities for costly errors and delays. The U.S. Patent and Trademark Office (USPTO) encourages applicants to have a legal professional handling their applications, and for a good reason. Once you hire the right attorney, ther will review your invention and evaluate whether it qualifies for a patent. This includes conducting a search to determine whether your invention is a new idea or if it is already patented in the U.S. or internationally. If…
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Overview of Trademark Searches

Overview of Trademark Searches

Trademarks
Before you spend too much time, money, and energy developing and trying to protect your small business brand, you should have a thorough trademark search conducted. A trademark search is an involved process, usually conducted by a professional searcher, that scours trademark registries and identifies any marks that might cause issues with your brand. A search can involve current registrations with the United States Patent and Trademark Office (USPTO), as well as pending registration applications. While there is no official requirement by the USPTO to have a trademark search conducted before you apply for trademark registration, it is highly advisable to do so. Failing to perform a proper search can leave you open to legal challenges of your mark, as well as accusations of infringement by other parties with registered…
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Avoid these Mistakes Regarding Your Startup’s IP

Avoid these Mistakes Regarding Your Startup’s IP

Intellectual property
You recently started a new company in Bozeman that provides snowmobile rentals and tours in the winter and bike and tube rentals in the summer. There are similar companies in the market, of course, so you need to make sure that you set your business apart and make the right decisions to achieve your goals. Avoid the following intellectual property mistakes to increase your chances of success. Not Realizing You Have Important Intellectual Property Perhaps you know you didn’t reinvent the wheel when you started your rental company in Montana, but this doesn’t mean you have no IP to consider. To stand out, you might have designed a particular name, logo, or even a slogan to differentiate your shop from other similar ones. However, you might not identify these things…
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Does a Provisional Patent Provide IP Protection?

Does a Provisional Patent Provide IP Protection?

Uncategorized
There are circumstances when your startup might have an invention, but you are not ready to take the time, effort, and expense of filing a full patent application with the United States Patent and Trademark Office (USPTO). You may have heard of provisional patents, and you might wonder whether this is adequate to protect your invention before you file for full protection. While many people commonly refer to a “provisional patent,” this is not an actual type of patent that can be granted. Instead, more accurately, you will have a provisional patent application. Having this application on file with the USPTO can provide benefits but not full IP protection similar to a patent with rights to file infringement lawsuits. Patent Pending Status A provisional patent application provides you with “patent…
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