Intellectual Property Law Services in Margate, FL
The benefits of filing a provisional patent application in Margate
A provisional patent application is a document issued by the U.S. Patent and Trademark Office ("USPTO") that protects an invention for a year before a formal patent application is filed. Filing a provisional patent application has several important benefits to inventors and entrepreneurs. Firstly, provisional patent applications have less formal requirements and are more cost effective than nonprovisional applications. Secondly, they allow inventors to begin commercially promoting their invention immediately without fear of having it stolen. Thirdly, a provisional patent application serves as the effective date of filing for the invention, allowing inventors twelve additional months on the term of their patent grant and the right to use the term "patent pending."
What should you look for when hiring a Margate, FL trademark attorney?
An experienced Margate, FL trademark attorney can help you navigate the best way to register, maintain, and protect your trademark. Whether you are considering trademark registration, defending against accusations of trademark infringement, or enforcing your rights against trademark infringers, choose a trademark attorney who is familiar with all areas of intellectual property law. An attorney who can advise you not only on trademark matters but also trade secret law, patent law, unfair business practices, and copyright law will help ensure you are protected on all sides.
Finally, ask if the attorney has experience handling cases for the types of goods and/or services covered by your trademark. You will feel at ease knowing your attorney is familiar with the nuances of your industry.
What if someone posted my photo and removed my Margate copyright information?
“Copyright Management Information” (or CMI) includes the identifying information about a work’s copyright owner, among other things. Digital Millennium Copyright Act created a separate prohibition from knowingly removing or altering Copyright Management Information. If someone has knowingly removed your watermark, the title of the artwork, the year it was created, your name, or certain other identifying information from your photo before posting it to social media, you may have a cause of action against that person. The key is that the other person must have known, or had reason to know, that their actions would induce, enable, facilitate, or conceal an infringement. The attorneys at Axenfeld Law can assess your options and determine the best course of conduct to enforce your rights.
What type of services does an intellectual property attorney in Margate provide?
An intellectual property (“IP”) attorney isn’t just for filing patent applications. An IP attorney should be well-versed in trade secrets, trademarks, unfair business practices, and copyrights. Some of the key services Axenfeld Law provides include patent prosecution, trademark registration, copyright registration, litigation to enforce your intellectual property rights, and domain name disputes. Axenfeld Law can also work with your business to license or transfer your IP rights, whether as an individual transaction or as part of a larger deal, such as IP due diligence for mergers and acquisitions. This would include assessing your IP portfolio and determining the steps needed to protect your IP while maximizing its value.
Axenfeld Law has experience in representing Margate, FL businesses and individuals before the U.S. Patent and Trademark Office (“USPTO”) involving both trademarks and patent matters. Additionally, Axenfeld Law’s litigation team is well versed in all areas of intellectual property law and can represent you in enforcing your rights against infringers or defend you when accused of infringement. IP law is a complex field with each sub-area of law containing its own nuances, therefore it is imperative to look to a team like Axenfeld Law that is familiar with the practical intricacies in order to maximize the value of your IP while minimizing the costs.
What does a Margate design patent protect?
Whereas a utility patent covers an invention itself including the way it functions or its mechanical structure, a design patent protects only the appearance and design of the object. Put differently, a utility patent protects the way an invention is used and how it works while a design patent protects how it looks. Design patents may be obtained only where the ornamental features of the invention predominate over its functional features. An invention that is primarily utilitarian in nature is generally not protectable by a design patent. A design patent affords the patent holder the right to prevent others from making, using, or selling a product that resembles the patented product closely enough that an “ordinary observer” might confuse the infringing product for the patented one.
Does copyright law protect my photos posted on social media?
U.S. copyright law protects creative works, and photos posted on social media are no exception. The Copyright Act protects photos posted to websites such as Instagram, Twitter, and Facebook, but only if the images meet the minimum creativity requirements, are original, and are fixed in a tangible means of expression. When a photographer captures a photograph, they make creative decisions as to the subject matter, lighting, exposure, focus, etc., which typically satisfies both the creativity and originality requirements. Photographs taken with a phone or digital camera meet the fixation requirement when it is recorded or stored in a format that can be preserved and retrieved for future use, display, reproduction, or other commercial exploitation.