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Aliso Viejo California Intellectual Property Law Blog

What to do when someone infringes on your patent

The main benefit of filing for a patent of your invention and ideas is to protect them from unauthorized use. You might think you do not need to do anything else because no one would use or claim a patented invention without permission. However, patent, trademark and copyright infringements happen every day in Aliso Viejo and around the world. 

Patent infringements are serious matters. Here are some steps for you to take to protect your rights and creation if you discover someone using your patented works without your permission. 

Protecting inventions internationally: Patent law

When you came up with your latest invention, you knew right away that you had to protect it. It could be life-changing for you and your company if you can manage to keep it protected under law. You don't want to see someone else create it and cost you thousands upon thousands of dollars in potential profits.

Patents are often touted as a good way to protect what's yours, but if you want to protect your ideas, services or creations, you need to make sure you get a patent in every territory where it's at risk. You'll have to have a patent in the USA, Canada, Mexico or other countries specifically to protect your work there.

Why do patents matter?

It's always a little difficult to protect your ideas, because ideas come and go from person to person. If you're the first person who has an idea, it's your right to protect that idea from use by others. It's easy for people to copy what you do, whether it's written material or creating a similar product. They need to have the idea first, though, which is where protecting your property and ideas comes into play.

Some people protect their ideas with patents, which is an excellent choice for inventions. For example, Segway is protected by a patent, which is why there are no devices quite like it on the market. On the other hand, if a new device comes out without a patent, others may quickly copy it.

What information is made public when you get a trademark?

You decided to get a trademark, but there was something you didn't ask. Would your personal information become public by creating this record? Who else can access the trademark's information and your own?

The United States Patent and Trademark Office (USPTO) reported that any personal information that you use when applying for a trademark will be made public. The application for a trademark is of public record, which means that anyone in the public can search for and find the information you include in the request.

SnapLight settles case with Urban Outfitters, Kim Kardashian West

A business's property is often protected by patents or other measures. This is because losing the ability to sell a particular product or to protect ideas could end up ruining a business's sales completely. If a competitor gets a hold of an important piece of information, it could even result in the business shutting down.

A business involved in this case has argued that it is suffering as a result of patent infringement. The case was set to go to court, but thanks to a settlement, it will no longer have to do so.

Protect your vision with a provisional patent

People think of new devices and inventions all the time; however, many do not act on them. For those who do, it is important to protect intellectual property

A provisional patent is one means to do so from the beginning. There are a few important aspects to understand about this type of patent:

A good trademark makes a difference for your company

Trademarks are important for businesses for a number of reasons. Trademarks are a way of representing brands, which helps you communicate quickly to others what your business is or does. These helpful communication tools immediately convey information like your company's reputation, services and products.

Trademarks are important because they help customers find you. The brand itself is what someone looks for. For example, Twitter is a platform branded with a blue bird. When you see the logo, you instantly recognize the brand and trademark.

Provisional patents can help you protect your inventions

You've been working on your invention for years. No one else has produced anything like it, and you want to make sure you get an application in for a patent as soon as you can. Your prototypes aren't finalized, but you have a good idea about how everything should work. What can you do?

One idea is to obtain a provisional application. It allows you to apply for a patent early on, even if you're not ready for the official patent to go through.

Protecting your startup with a simple strategy

If you're working on a new business, the worst thing that could happen is for someone to steal all your ideas and hard work. It has happened in the past, and it could happen to you if you're not careful.

The fortunate thing is that there are many ways to protect your startup ideas from falling into the wrong hands. Here are a few things to remember to make sure you run the company you love without unnecessary competition.

Protecting your fashion: What to know about the law

You create fashion because you love to make new designs and trends. What you don't love is when something you've made suddenly hits the market from unknown brands who stole your trendy ideas.

The problem with fashion is that it's not always easy to protect what you create. While there are options out there for inventions and new recipes, the options available for fashion and clothing are limited. These sometimes-functional items are actually fairly difficult to protect.

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