Patents Novel products and processes can provide significant commercial advantage when exclusivity is maintained. Left unprotected, however, competitors may quickly copy the technology and gain commercial advantage by avoiding the research and development costs expended by the inventor. Thus, patents are an important consideration for every technological advance.
In the United States, a patent application must be filed within one year of the date on which the invention was first sold or publicly disclosed. In most other countries, however, any public disclosure of the invention prior to filing a patent application destroys the ability to obtain a patent in that country. Thus, if protection might be desired outside the United States, it is important to have a patent application on file with the U.S. Patent and Trademark Office prior to any public disclosure of the invention. Once a patent application is on file in the United States, the applicant typically has one year to file an application for foreign patent protection.
The members of MOC work with inventors and clients to determine the novelty of the technology, and confer with clients and inventors regarding each aspect of the technology to assure that maximum protection is sought. The firm counsels its clients regarding appropriate filing strategies and advises its clients concerning foreign market issues to help clients determine where foreign patent protection is most valuable for the technology, and for the money.
Trademarks and Unfair Competition The goodwill of a business can be one of its most valuable assets. Goodwill typically derives from a trademark, trade name or service mark which consumers associate with a desired level of quality in products and services. If competitors adopt a confusingly similar mark, a substantial part of goodwill can be diverted away form the owner of the mark. Thus, it is important to protect trademarks, service marks and trade names through proper use and registration.
Protecting the goodwill of a business involves properly evaluating the protectability of the names, symbols or configurations adopted by the business for use in connection with its goods and services, determining the right to exclusive use of those names, symbols or configurations as trademarks, service marks or trade names, and seeking registration of such marks.
Members of the firm advise clients regarding proper use of marks to establish and maintain strong rights of ownership. They also advise clients on the most appropriate filing strategies to enable them to take advantage of the additional statutory rights afforded by state and federal law.
Perhaps most importantly, the firm helps clients determine the exclusive ability to use selected marks by conducting extensive state, federal and common law trademarks searches, including Internet use. The firm can thereby help clients avoid the potentially costly results of innocently adopting a mark which conflicts with the ownership rights of another.
Recognizing the growing ability of businesses to compete internationally, the members of MOC advise clients on strategies of protecting important marks in foreign markets through foreign registration. Members of the firm work with law firms in numerous other countries to ensure that their client’s rights are protected.
Copyright Creative works, such as writings,music, movies, two- and three-dimensional works of art and software are protected under the copyright laws of the United States. As a result of significant changes in the copyright laws which took place with the enhancement of the Copyright Act of 1976 and the Berne Convention Implementation Act of 1988, it is no longer necessary to register a work with the Copyright Office to obtain copyright in a creative work. Today, copyright exists from the moment that a work is placed in a tangible medium of expression. Registration of copyrights is still important, however, since the copyright laws still provide important rights, such as the availability of statutory damages and attorneys’ fees for those who register their copyrights prior to infringement by another.
With respect to copyrightable works, members of the firm counsel clients on the advisability of seeking registration of the copyright in the work, the advisability of applying the copyright notice to works and the important timing issues involved in registering the copyright with the Copyright Office.
Further, members of MOC counsel clients on the complex issues of copyright infringement, made even more complex with the advent of the Internet. The firm directs its clients not only in the proper protection of their own copyrighted works, but helps clients avoid potential copyright conflicts when contemplating their rights with respect to another copyright owner.
The firm has particular expertise in the enforcement of architectural copyrights. The firm has handled more than a dozen architectural copyright infringement cases and has obtained significant settlements for its client architects and home designers.
Trade Secrets and Employment Most people mistakenly believe that trade secrets are limited to complex scientific formulas and laboratory notes. Under the laws of most states, trade secrets include any confidential or proprietary information which provides an enterprise with an advantage over its competitors. Such information can include customer lists, confidential supply sources and other information not readily available to the public. If this information falls into the hands of a competitor, or is misappropriated by employees, considerable damage can be done to the enterprise.
By carefully drafting employment contracts and disclosure policies, confidential and proprietary information can be protected from improper disclosure. To achieve the full protection available, however, care must be taken to show that the information was indeed confidential and that efforts were made to prevent disclosure.
Those seeking to leave an enterprise should consult legal counsel prior to doing so to avoid taking information which could subject them to liability. Legal advice can also help those leaving an enterprise to avoid litigation which is designed more to prevent competition than to protect legitimate trade secrets.
The members of MOC advise clients regarding every aspect of trade secret protection, including identifying confidential information and explaining how to effectively maintain trade secret protection and how to avoid legal conflicts involving potentially secret information relayed to the client.
Technology Transfers Most individuals and enterprises do not have the ability or desire to commercialize their inventions. Thus, it is often desirable to allow others to use the information in exchange for compensation. This can be done by licensing or assigning the technology. Care should be exercised on both sides of the agreement. Those transferring technology should ensure that royalties are paid, while those obtaining the technology must assure that the technology is cost effective. The members of MOC assist client in negotiating effective technology transfers to achieve the best compensation possible for the technology.
Litigation Due to the economic advantages derived from various forms of intellectual property, many competitors are willing to take the risk of infringing to increase profits and many intellectual property owners are increasingly willing to enforce their rights against such infringers. These factors have lead to a significant increase in intellectual property litigation and the number of attorneys attempting to service clients in this area. In choosing litigation counsel, it is important to select attorneys who have experience in each area of intellectual property law and understand how both the technical and legal issues of a conflict in order to fully protect the litigant’s rights. MOC provides its clients with both the technical and legal expertise which assures a full understanding of the issues.
Call Morriss O’Bryant Compagni today at 801-882-2794!