Edmonds & Cmaidalka, P.C.FindLaw IM Template2025-03-31T12:47:32Zhttps://www.edmondsiplaw.com/feed/atom/WordPress/wp-content/uploads/sites/1302118/2020/02/cropped-fab-icon-min512x512-32x32.jpgOn Behalf of Edmonds & Cmaidalka, P.C.<![CDATA[Do you have an IP program for outer space?]]>https://www.edmondsiplaw.com/?p=472462024-02-23T07:38:30Z2024-02-23T07:38:30ZReady, set, launch. Now what? Does your business plan for the moon and back include policies and procedures for protecting your intellectual property (IP)? It better. The competition is only heating up. Are you wanting to protect your IP or leverage your innovation and technology? Whether you decide to keep it exclusive to yourself or commercialize it, you need a plan. Maybe you want to keep your innovations and improvements a trade secret… do you have a plan for that? Protecting your IP does not happen on its own. Formal written policies and documentation are needed. So get a leg up on the competition before it's too late. Our attorneys know low gravity and know how to protect and monetize IP. Call us now so we can get you started.
]]>On Behalf of Edmonds & Cmaidalka, P.C.<![CDATA[Why is a patent search so important?]]>https://www.edmondsiplaw.com/?p=471442021-02-16T18:59:10Z2021-02-16T18:59:04Zpatent search process before applying for a patent.
Patentability requirements
The United States Patent and Trademark Office will only issue a patent when an invention meets these standards:
The patent application must include clear, detailed descriptions of the product. The inventor must describe the manufacturing process and the intended use of the product. A layperson should be able to understand the invention from the descriptions in the patent application.
The invention must be novel, which means it does not replicate an invention that already exists.
The invention must not be obvious, which means someone else in the same field would easily be able to come up with a similar idea.
The patent search addresses the USPTO's novelty requirement.
Benefits of a patent search
A thorough patent search prevents an inventor or company from investing in a patent application for an invention that does not meet novelty requirements. During the patent search process, the team must cover all relevant prior art. This term refers to industry publications and patent applications that may describe a similar invention.
The expense of a professional patent search is minor compared to the cost of applying for an ineligible patent. Filing a patent application for an ineligible invention also has implications for intellectual property because the company must disclose the details of the invention in the USPTO filing.]]>On Behalf of Edmonds & Cmaidalka, P.C.<![CDATA[5 tips for the safekeeping of your trade secrets]]>https://www.edmondsiplaw.com/?p=470112020-11-21T01:49:38Z2020-11-21T01:49:33ZTexas is among the states whose trade secret laws developed using the Uniform Trade Secrets Act as a model. However, businesses sometimes overlook the protection of their own trade secrets.Here are five tips for keeping such essential information safe.
1. Identify trade secrets
Identify the trade secrets within your company. Assess the likelihood of employees divulging or selling this information to outsiders or of competitors acquiring or duplicating your trade secrets.
2. Keep information confidential
If you have documents containing trade secret information, keep those documents locked in a filing cabinet. If you maintain your trade secrets on the computer, limit access to those electronic files.
3. Educate employees
Ensure that all employees understand the importance of trade secret confidentiality. Consider having new hires sign a nondisclosure agreement preventing them from sharing confidential information during and after their term of employment with your company.
4. Know the laws
As the laws stand at this time, there is no requirement for the registration of trade secrets in order to have legal protection. However, it is important for you to know how the laws in Texas treat incidents of theft and disclosure of trade secrets.
5. Take action for violations
If you find that an insider has sold your trade secrets or that a competitor is using information that belongs to you, it is time to take a stand. Normally such matters belong in a civil action. The defendant may have to pay monetary damages and adhere to an order to cease and desist. However, some thefts may involve corporate espionage where convictions come with more severe penalties.]]>On Behalf of Edmonds & Cmaidalka, P.C.<![CDATA[Led Zeppelin prevails in “Stairway to Heaven” IP battle]]>https://www.edmondsiplaw.com/?p=469992021-11-16T15:36:30Z2020-10-19T18:14:10ZSupreme Court refuses to hear appeal
Led Zeppelin initially won the federal intellectual property case in 2016. Plaintiffs claimed that a member of Led Zeppelin saw Spirit play "Taurus" at a club in the UK in 1970. The plaintiff said Led Zeppelin used the same guitar riff a year later for opening on "Stairway to Heaven." None of the defendant band members recalled the show or song in question.
Access to song insufficient to win case
Plaintiffs argued that Led Zeppelin members clearly had access to the song claimed in the copyright case. Expert musicologists testified that both songs shared a commonly used pattern of descending notes already known for centuries among English musical society. The jury in the federal court case ultimately agreed that the two songs are "not intrinsically similar" and found in Led Zeppelin’s favor. Plaintiffs sought $3.4 million in damages.
Appeal based on errors
The plaintiffs appealed the jury finding, which never had the chance to hear the song "Taurus." The appeal claimed procedural errors, but the 9th Circuit upheld the lower court’s verdict and said the case did not warrant a second trial based on procedural errors. The plaintiffs in 2018 appealed to the Supreme Court, but the court recently refused to hear the case.
Now effectively ended, the matter fully illustrates that potential dangers facing intellectual property can rise even decades after initial production. An experienced Houston-area intellectual property attorney may help to sort out the facts and help clients better understand how to proceed.]]>On Behalf of Edmonds & Cmaidalka, P.C.<![CDATA[Beer trademarks lead to litigation]]>https://www.edmondsiplaw.com/?p=469962021-11-16T15:36:43Z2020-07-30T20:43:15ZRock Art, found itself on the receiving end of a lawsuit from the much larger beverage company Hansen's Naturals. Monster Energy drink is one of Hansen's most popular products. Hansen's Naturals alleged that Rock Art was violating its trademark with one of its beers, the Vermonster. Hansen's wanted to reserve the name as it had possible future plans for an alcoholic beverage.
These disputes are not confined to beverage companies. In 2019, Sony Pictures Television sued Knee Deep Brewing Company for infringement over a beer named "Breaking Bud," a play on Sony's hit show "Breaking Bad." To some, this could seem like a spurious claim; after all, there isn't much that a very small brewery could realistically do to affect a well-known and popular television show.
On the other side of the coin, in 2001, two breweries discovered that they both had beers named "Salvation." The owners talked and came to the conclusion that they could both have a beer of the same name, and no harm would come of it. Later, the pair decided to commemorate their landmark decision by making a beer together called "Collaboration Not Litigation Ale."
Although it's great to collaborate and settle differences, that is not always possible. A business that is facing litigation over copyright infringement or intellectual property rights may seek guidance from an attorney with a background in IP law. An attorney may help a company explore its legal options to protect its intellectual property.]]>On Behalf of Edmonds & Cmaidalka, P.C.<![CDATA[Patents help protect novel inventions]]>https://www.edmondsiplaw.com/?p=469862021-11-16T15:36:54Z2020-07-29T20:02:51ZUtility patents could be used to cover a process that creates tangible results like a computer program or some sort of computerized process for something that was originally done by hand. These patents can also be used for machines as well as items like drugs, beauty products and formulas for drinks. They could also apply to an improvement of any of these types of products.
People who are creating brand-new products should get patents as soon as they can. If an inventor is dealing with a situation where their trade secrets have been stolen by another company, they may benefit by working with law firms that have experience with intellectual property law. Attorneys may be able to help them regain full control of their inventions.]]>On Behalf of Edmonds & Cmaidalka, P.C.<![CDATA[What to know about obtaining a patent]]>https://www.edmondsiplaw.com/?p=469702021-04-07T12:24:04Z2020-04-30T17:33:53ZHow to determine if a creation qualifies for a patent
As a general rule, a patent is granted to creations that are useful, novel and not obvious. To be considered useful, an object must be able to function as intended whether it actually moves or not. To be considered novel, an object or creation cannot have been described in a printed publication in the United States.
Furthermore, it cannot have been described in a foreign publication more than a year before applying for a patent in the United States. To be considered not obvious, the new creation must be clever enough that a person who works with similar objects wouldn't have thought to create it.
An overview of the different types of patents
A utility patent may be granted to anyone who discovers a new manufacturing process or discovers a way to make an existing product better. Design patents are intended to protect intellectual property related to how an object looks. A person who designs a plant that can reproduce asexually may be awarded a plant patent.
Why a patent might be rejected
You are prohibited from trying to patent nuclear weapons or similar objects per the terms of the Atomic Energy Act of 1954. The legislation was passed to ensure that nuclear weapons developed in America couldn't be replicated elsewhere. Pharmaceutical patents may be rejected in some countries to ensure that medications remain affordable.
If you want to learn more about patent law, an attorney may be able to answer your questions. This may make it easier to determine if your invention or improvement of an existing product may be eligible to be protected.]]>