San Diego Intellectual Property Lawyers
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Legal Services Offered by Our On-Demand San Diego Intellectual Property Attorneys
Our San Diego 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 San Diego 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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- 10 min read
What Is a Design Patent?
A design patent is a type of patent that protects the way a manufactured product looks. However, this patent doesn't protect the way a product works or the mechanical structure. Design patents can help protect businesses and their intellectual property rights by creating design protection and allowing the use of adding "patent pending", "patent issued", or "patented design."
New designers and makers who want to protect their future designs should consider applying for design patents before bringing their products to market so a competitor does not knock off your design and sell your design to the public.
A design patent is a right of exclusion, meaning patent holders have the right to exclude others from using their designs in commercial or personal works. You can find design patents everywhere that protect the way products like jewelry and soft drink containers look.
- 7 min read
What is Patent Protection?
Patent protection allows the inventor of a new product or design to have exclusive rights to make, sell, use, and/or import the item throughout the United States. No other company or individual can make, sell, use, or important an item that is identical or even very similar. If another company or person does infringe on the patent protection, laws allow the patent holder to sue for infringement.
There are three types of patents:
- 5 min read
What Is an Arbitrary Trademark?
An arbitrary trademark is a word or image that already exists, but it has nothing to do with the business that uses it. Apple Computers is one of the classic examples, since iPhones and laptops have nothing to do with fruit or cider. Shell gas stations and Camel cigarettes are other good examples. The arbitrary trademark is one of five trademark categories recognized by the USPTO.
What Isn't an Arbitrary Trademark?
To really know what an arbitrary trademark is, it helps to understand the other four categories.
- Fanciful Trademarks (sometimes called coined trademarks) use words or images that don't mean anything. This lets companies have the full protection of U.S. trade
- 8 min read
How to Patent a Logo
While you can learn how to patent an idea, logos cannot be patented because the term patent describes ownership that protects inventions.
However, logos can be protected in a similar way by a trademark or service mark. Trademarks protect logos attached to products while service marks protect logos attached to services. Both trademarks and service marks are often referred to as trademarks. Following these established steps is the best way to trademark your logo.
Reasons to Trademark Your Logo
A logo is any design used by a person or company to promote its business interests. Logos can be images, stylized words, or a combination of these elements.
- Your logo is valuable. Logos are one of the most valuable assets any company has. Customers can identify a good logo in an instant.
- 9 min read
Utility Patent Example: What Is It?
Utility patent examples can be helpful tools for completing either a non-provisional or a provisional patent application. There are many of both types of patent application templates available online for public use.
A utility patent protects an inventor's intellectual property. It is the most common type of patent issued. It protects the way an invention works. Anyone who creates an entirely new machine, process, chemical compound, manufactured product, material composition, or method can apply for a utility patent. The United States Patent and Trademark Office (USPTO) also issues utility patents for functional improvements to existing inventions. These must be considered non-obvious, useful, and new.
Utility patents are further subdivided into three categories based on the invention's function: