Before you begin creating your patent document, it is recommended that you familiarize yourself with the general requirements needed for a patent to be granted.
There are three different types of patents: utility, design, and plant. Each patent will vary on the exact specifics of what’s included in the document. Generally speaking, a patent document will have the following sections:
These sections will provide all the necessary information for the invention.
Gaining patent rights can be incredibly beneficial for your invention. This is why it’s important to understand the anatomy of a patent. The sections in a patent include the following:
Summary: In the summary, the following elements will be included:
Drawing Set: Most patents include drawings. They help to illustrate what the written portion of the patent document is saying. Often, the patent document will reference the drawings throughout. All claimed elements must be shown in the drawings.
Specification: This section includes much of the most important information about the invention. Here, an inventor will introduce terminology related to the invention, which will later be referenced in the “claims” section. The specification includes the following subsections:
Claims: This is the most important part of the patent. It defines the patent’s rights. This section goes into detail about what the patent covers. It is very specific in what the inventor is claiming to be his/hers in regards to the invention. There are two types of claims included. Most patents have both:
Once you have completed the patent process, you must file your patent paperwork, along with any fees and additional requirements determined by your patent type. A patent lawyer can file on your behalf as well.
A patent lawyer can help file your paperwork and make sure you have all the elements needed for the submission process. If done incorrectly, the results can be costly and time-consuming.
At Peterson Watts Law Group, we are qualified to help protect your rights, defend your concerns, and prosecute infringements. A patent lawyer will also ensure that you receive proper compensation for your invention.
A: The anatomy of patent specification is the written portion of the patent (not including the front page). This is the bulk of the patent document, going into detail about the specifics of the invention. This section shines a light on the claims made in the following “claims” section. This is where others will be able to understand your invention, what it does, and how it works.
A: “The Anatomy of a Patent Case” is a book that outlines every step of a patent case. It goes into great detail regarding everything necessary to take a patent case to trial. It talks about the differences between a patent trial and other types of similar litigations. The book also goes into depth about different laws related to patents.
A: The most important section of a patent is the “claims” section. This section is important because it details specifically what the inventor is claiming as their own exclusive rights. It outlines specifically what the patent covers. There are two types of claims typically included in this section: system claims and method claims. Most patents have both.
A: In order to be considered patentable, the patented item must be:
We know that patent law can be complex. At Peterson Watts Law Group, LLP, our goals are to make sure you are compensated for your invention and that your rights are validated. We want to communicate the law to you in a way that is easy to understand. If you have had an infringement on your invention, or if you need assistance with patent law and filing, contact Peterson Watts Law Group, LLP today.
]]>Some YouTubers are discovering that their videos are being flagged for copyright violations, which may or may not be true. It makes sense that the platform would want to protect itself from lawsuits and from people using content without permission, but at the same time, there are no protections against individuals using the system to get back at or prevent another YouTuber from posting content. Some people claim that they are victims of this type of behavior and want justice.
Part of the problem is that if a YouTuber receives three copyright claims or community guideline claims, his or her channel is terminated. Resolving false claims is not an easy process for those accused. Sometimes, they go up against large corporations for claims that may involve only snippets of music — if it even happened. An entire video may be taken down and demonitized for no more than 10 seconds of questionable content. Other accusations arise from the platform’s automated algorithm designed to keep copyrighted material from being used without permission.
While few would disagree that material protected by copyright law should not be used by YouTubers without going through the proper steps first, the large number of false claims ought to concern the platform and its users. Many people here in California and elsewhere make their living through YouTube, and facing these types of accusations puts that at risk. It may be a good idea to work with an attorney to help make sure the claims are resolved in the best way possible so they can continue providing the content their subscribers have grown to love.
]]>Many employees are loyal. They would never reveal the secrets of the companies they work for, but others would and they are the ones companies need to protect themselves against. This can be done in several ways.
Companies can begin by creating and implementing policies regarding how trade secrets will be handled and who will have them. Such policies can outline the steps to take, the reasonable efforts to use and the consequences of revealing trade secrets. Employers could require employees who will deal with sensitive information to execute confidentiality and/or non-disclosure agreements that could be enforced in a California court if an employee breaches them.
Confidentiality with anyone from outside the company is also essential. In order for a company to defend its trade secrets, it must make reasonable efforts to keep them secret. This means protecting this information from as many people as possible. Of course, it would be impossible to run the business without someone within the organization having access to the information, but in those instances, the above measures could help and provide a method of recourse.
Protecting trade secrets is a priority of many companies. The problem is they may not know what measures they can take to do so. It would be beneficial to work with an intellectual property attorney who can help create and implement the appropriate policies, draft confidentiality and nondisclosure agreements, and defend against any breaches that occur.
]]>The new software allows people who are not together to create a group selfie. The originator can invite others to send photos that can be combined into one image. The software removes backgrounds to integrate the pictures of the individuals into a cohesive image.
It may seem as though Apple developed this technology in response to the world’s current circumstances, but that is not the case. The company actually submitted its application for this new technology back in 2018. The timing could simply be a happy coincidence that the company received its patent during a time when the technology may do the most good and provide people a way to be together when circumstances do not allow them to be with each other in person.
Apple has not yet announced when it will launch the new technology, and many California residents may be waiting to take advantage of it. Right now, entrepreneurs who have ideas that could bring people together or provide them with ways to interact without being in the same room could help make the changes the world is going through easier to adjust to. However, they may want to follow Apple’s example and apply for a patent before moving forward in order to protect their intellectual property rights.
]]>The photo agency claims that Bieber posted at least 14 of the photo agency’s copyrighted photos to his Instagram account. The photos in question featured Bieber, although it is not clear when or where they were taken. The lawsuit is asking for $2.1 million for damages, but this route was apparently not the photo agency’s first choice.
Before filing the lawsuit, the agency tried to work with Bieber outside of the courtroom. The parties were never able to reach an agreeable solution, so the agency decided to move forward with litigation. Part of the problem reaching an agreement could be because Bieber allegedly posted four more copyrighted photos while the agency was still trying to work with him on a solution.
This is not the first time that Bieber has been accused of using copyrighted pictures. The problem is much larger than just one celebrity posting on social media, too. Many people do not understand that just because a picture exists, that does not mean it is for general use. This is why California businesses should be sure to stand up to copyright infringement. By pushing back on unauthorized uses, business can seek compensation while also bringing attention to this problem.
]]>If you are one of the parties facing a legal dispute connected to some form of technology, you may want to consider using mediation. One of the issues that individuals in your position often want is to reduce the exposure of any dispute to the public since it could damage the reputation of the parties in question. Moreover, using mediation could help preserve the working relationship between the parties, if there is one.
Another benefit of the privacy mediation provides is keeping sensitive information and intellectual property information out of the public eye. You and the other party involved control how the dispute ends. You work toward an agreement that is mutually satisfying to both sides. It will take some compromise and cooperation, but the final result is often worth it.
Finding someone to help with the mediation process may not be difficult, but finding someone who also has experience in technology law may be more challenging than you think, but it is possible. Under ordinary circumstances, mediation will work well as an alternative method of dispute resolution and can keep you out of court. This could save you countless hours of stress, paperwork and frustration, along with the money it takes to litigate a case in a California civil court.
]]>For some, it means the possibility of infringement or exposure of trade secrets. For others, it means the inadvertent and unintentional infringement of another party’s legally protected materials. With things changing rapidly and moving quickly, it can be easy to put material out on the internet before applying for and obtaining protection for it.
Many more will somehow violate intellectual property laws, however. When setting up an online presence, business owners will often use images and product descriptions without thinking twice. Perhaps it seems like a good idea to add a little music to the website to make it more attractive. Doing any of these things without first ascertaining whether permission is needed to do so could result in a costly violation. In order to avoid violations, a website owner should make sure any content on the site is in the public domain, covered under fair use, or is owned or licensed by the site owner.
When setting up an e-commerce site on the internet, a California business owner may want to take a good look at the site to make sure it does not contain any intellectual property belonging to someone else. This is not always an easy task. To make things easier, it would help to review the website and its contents with an attorney experienced in this area of law.
]]>According to the lawsuit recently filed, Ford failed to obtain the rights to use the music in no less than 74 promotional videos and advertisements. Freeplay Music LLC, says the company used 54 of its songs without permission. The company claims Ford willfully infringed on its copyrights by using the material.
Freeplay Music is asking the court for at least $150,000 per incident in order to teach the company a lesson. The approximate total of damages the company would receive if awarded this amount per infringement would be around $8.1 million. Freeplay Music found it challenging to locate all of the songs and incidents of infringement it claims Ford made, which it says was intentional on the part of the automaker.
California residents who rely on copyright law to protect their works may also need to remain diligent in discovering instances of infringement since not everyone will come to them for the rights to use their material. If one or more incidents are found, it would be prudent to obtain an understanding of legal rights and options available. Not everyone will need to file a lawsuit in order to assert his or her protections under the law, but it would still be a good idea to consult with an attorney in order to make sure the appropriate steps are taken in the pursuit of restitution for any use not permitted by the holder.
]]>Of PureCircle’s 75 patents, it claims Almendra infringed on one regarding steviol glycoside, which is a process to convert glycoside Rebaudioside D into another compound called Rebaudioside M. However, there could be an issue with this particular patent since Almendra received safe status recognition from the U.S. Flavor and Extract Manufacturers Association back in 2016 for its Steviarome, but it took three more years for the company to apply for a patent on it. PureCircle just received the patent that is the subject of the lawsuit in Sept. 2019.
It is not surprising that PureCircle is fighting to protect its processes and products since approximately $480 million was made across the world in 2018 in the stevia market. Moreover, it is anticipated the market will only continue to grow as more people look for alternatives to sugar. The company posted record losses in 2019, which is most likely why it is attempting to sell 75% of it to Ingredion, which does not have the litigation experience on this issue that PureCircle does.
Ultimately, as is the case with all patent law litigation, it will be up to the courts to decide the fate of this case. However, California food manufacturers who hold patents will certainly agree that it is crucial to protect their intellectual property, especially considering the competition and wide array of choices given to consumers. Choosing to litigate these matters would most likely require the advice and assistance of experienced counsel.
]]>The recent claim has to do with a home the music legend owns on the East Coast. He commissioned a contractor to perform renovations on the property that required architectural designs. At some point during that process, the contractor was terminated from the project and a new one was brought in to complete it.
At the center of this copyright infringement case is the architectural designs of the new company hired by Joel and the F. Scott LLC, which owns the New York property with Joel, are substantially similar to the ones the terminated company presented. For this reason, the company believes that the new company is using the same plans, which the accuser claims are copyrighted materials. Supposedly, a cease and desist letter was sent to the F. Scott LLC and Joel, but it was not heeded. Additional allegations include monies owed for work performed.
More than likely, the contractor will have to prove in court that the designs are protected under copyright law before any question of damages can be addressed. This case could serve as a caveat to California architects. It would probably be a good idea to copyright designs in order to gain legal protections should something go wrong with a particular project.
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