Irvine Intellectual Property Lawyers
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Legal Services Offered by Our On-Demand Irvine Intellectual Property Attorneys
Our Irvine intellectual property attorneys & lawyers can help you secure and protect your company-s intellectual property. Whether you are an entrepreneur, artist, author, engineer, manager, or individual - the IP attorneys on UpCounsel have you covered.
There are four common areas of intellectual property, which all protect different things such as: copyrights, trademarks, patents, and trade secrets. Additionally, licensing is a popular enough specialization of IP that warrants mentioning.
Our Irvine IP attorneys that specialize in licensing can help you draft contracts that grant permission to another party to do something with an otherwise protected work or product. A license can grant the right to reproduce the work by: distributed copy of the work to others by rental, sale, or lease, or preparing derivative works using protected expression from the original work, and/or displaying the work.
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- 7 min read
What Does Trademarking Goods and Services Involve?
In order to protect the intellectual property of your brand in relation to the goods and services you provide, it is important to obtain a trademark or service mark. Trademarking your brand in association with your goods and services gives you exclusive right to the use of your name and logo in conjunction with these goods and services. This can include words, names, symbols, designs, or a combination of these that identify your brand.
Obtaining a trademark is a relatively simple procedure, with a few critical steps:
- Select your trademark or service
- 12 min read
What Is the Patent Pending Process?
The patent pending process means you've filed a patent application that's now pending with the U.S. Patent and Trademark Office. The office is also called the U.S. Patent Office or the USPTO. Another term for your invention is intellectual property.
Getting funds for an invention requires talking about it. But many inventors don't want to discuss their invention because they may lose patent rights to it, or someone might steal their idea. In the U.S., you have one year to file a patent application after you first publicly discuss the invention. That's why many inventors quickly file a utility patent application. Once you file an application, your invention is in the patent pending process.
When an invention is patent pending, the USPTO has neither granted the patent to the applicant nor has it listed it as abandoned. The patent pe
- 4 min read
What Are Patents and Trademarks?
Patents, typically utility patents, and trademarks both protect types of intellectual property. A patent protects the products, while trademarks protect the brand and images of that product.
What is Trademark Protection?
A trademark is often used by a business to protect a specific word, design, or symbol that is tied to the company. Most companies trademark their brand names, products, and logos to prevent copycats or confusion. For example, the Nike swoosh is trademarked to make sure of the quality of the product that it's printed on, and the logo can't be used without approval from Nike itself.
Most companies – like Nike – have written rules for how trademarks can be used (like its size and colors) and what products they can be used with. If those rules aren't followed, the trademark owner can go to court or re
- 8 min read
What Is a Post Grant Review?
A post grant review is a way of questioning a patent's validity recently issued by the U.S. Patent and Trademark office. The America Invents Act (AIA) created it as a counterpart to inter partes review. Together, they replace the inter partes re-examination. A post grant review is available immediately after the patent has been issued. An inter partes review becomes available after the post grant review period has passed.
Post Grant Proceedings
The post grant review process was designed to allow the proceeds to be quick. The Director needs to set the rules that explain how long the proceedings will last within one year from the start of the proceedings. If the Director can show sufficient cause, he or she can set the rules within 18 months.
The Patent Trial and Appeal Board (PTAB) initially handles post grant review proceedings. They bypass the patent office examiners at t
- 9 min read
What Are Certification Marks?
Certification marks are names, symbols, or devices used by groups or persons that show compliance to a set of standards. A certification mark does not distinguish between producers. In addition, the user of the mark is not the registered owner, and the owner is not permitted to use the mark. These marks can show geographic origin, standards met with respect to quality or manufacture, or work performed by a person that meets certain standards. The party that applies for a certification mark must also be considered competent to certify the products in question.
Why Are Certification Marks Important?
Certification marks are important for businesses that want to demonstrate the quality of their products. Trade associations and centralized commercial groups are the most common owners of these marks. To get the rights to use a given mark, the business's goods must reach a certain standard. By achieving this standard,