| Intellectual Property Law Chair: Peter A. Cummings Our clients’ patents, trademarks, and copyrights are significant and valuable assets. Protecting, enforcing, and managing those assets are critical to realizing a return on investment and maintaining a competitive advantage. Our firm is dedicated and experienced in providing a comprehensive array of intellectual property services to meet our clients’ needs. • Patent Law. Patents are used in countries throughout the world to protect inventions and promote innovation. In the United States, they provide an inventor with the right to exclude others from making, using, offering for sale, selling, or importing the invention for a limited time, depending on the type of patent and date of initial filing. There are three types of patents available in the United States: 1) Utility patents – protecting functional aspects of machines, products, or processes. 2) Design patents – protecting ornamental designs of a product. 3) Plant patents – protecting distinct and new varieties of asexually reproduced plants. Applications for a patent are filed with the United States Patent and Trademark Office (USPTO), and only attorneys who have sufficient technical experience and have passed the federal patent bar examination are permitted to practice before the USPTO. Our registered patent attorney, Peter A. Cummings, has an engineering degree and hands-on experience in mechanical and production related technology. As a result, he understands and appreciates the technical and practical considerations of patent issues. He also works closely with inventors throughout the process of assessing patentability, preparing applications, and prosecuting with the USPTO. ATTENTION: To avoid forfeiting potential rights to a patent, inventors must file an application with the USPTO within one (1) year of using the invention in public or offering the invention for sale. • Trademark Law. A trademark or service mark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of goods or services. A trademark is used by individuals and businesses to build brand recognition and enhance product marketing, so over time, consumers will associate the mark with quality products or services. A valid trademark has the potential to continue to exist so long as the company continues to use the mark in commerce. Trademarks that are used in interstate or foreign commerce may be registered with the USPTO, which provides the following protection and key benefits: 1) Nationwide Priority – Federal registration provides a legal presumption of valid ownership of the mark and the owner’s exclusive right to use the mark nationwide on or in connection with the goods/services listed in the registration. The date of priority can also be used for foreign trademark filings. 2) Public Notice Using ® – Registration provides notice to the public of the registrant’s claim of ownership of the mark by use of the registered symbol. The public is also on constructive notice as the registered mark is listed in the searchable USPTO database. 3) Statutory Damages – Registration also may entitle you to three times the actual damages plus attorney fees for bad faith infringement of your registered mark. Our firm has extensive experience advising clients prior to registration, prosecuting trademark application with the USPTO, and enforcing trademark rights upon registration. • Copyright Law. A copyright is a form of legal protection provided to authors of literary, musical, artistic, and other intellectual works. This protection allows a copyright holder to prevent others from copying, distributing, publicly performing, publicly displaying, and preparing derivative works of the copyrighted material. Generally, a copyright will exist for a period equal to the life of the author plus 70 years, or 95 years from first publication for an anonymous work or a work made for hire. Copyrights are registered by the Copyright Office of the Library of Congress. Our copyright law practice includes: 1) Preparing and prosecuting applications for copyright registration; 2) Enforcing copyrights and resolving copyright disputes; and 3) Acquiring and licensing copyrights. We are prepared to provide knowledgeable, practical, and effective solutions in the above referenced practice areas and all other areas of intellectual property, such as trade secrets and the licensing of intellectual property rights. For more information relating to your intellectual property issue, please contact Peter A. Cummings. |
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