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Most Common Mistakes Made When Filing a Trademark

As a business owner, you know the importance of protecting your brand. Filing a trademark application can be tricky, and if you make even one mistake, your application could be denied. In this article, we will discuss some of the most common mistakes people make when filing for trademark protection.

1. Not Using the TM Symbol Properly:

The TM symbol is a way to indicate that you are claiming common-law rights to a mark. You can use the TM symbol on any mark that is not yet registered with the USPTO.

However, once you receive federal registration for your mark, you must use the ® symbol. Federal registration gives you many benefits, including the presumption of ownership and exclusive right to use your mark nationwide.

If you continue to use the TM symbol after receiving federal registration, you could lose some of these valuable benefits.

2. Filing for the Wrong Type of Trademark:

There are two main types of trademarks: trademark names and logos. It’s important to file for the correct type of trademark protection based on what you want to protect.

For example, if you want to protect the name of your business, you would file for a trademark name. On the other hand, if you want to protect your company’s logo, you would file for a trademark logo.

If you’re not sure which type of trademark protection is right for you, it’s best to consult with an experienced trademark attorney in Los Angeles.

3. Filing without Doing a Proper Search:

Before filing a trademark application, it is in your best interest to do a thorough search of existing trademarks. This will help you avoid any potential conflicts and increase the chances of your application being approved.

There are many online resources that can help you with this process, but it’s always best to consult with an experienced trademark attorney for optimum results.

4. Filing Without a Basis:

You can only file for trademark protection if you have a legitimate basis for doing so. There are three main bases for filing: use in commerce, intent to use, and foreign registration.

If you cannot check one of the bases mentioned above, your application will likely be denied. Consult with a knowledgeable trademark lawyer to determine which basis is right for you.

5. Not Identifying All the Goods and Services You Want to Protect:

When you file for trademark protection, you need to specify all the goods and services you want to include in your application. If you don’t, your trademark registration could be limited in scope and not provide the full protection you need.

Have Questions about a Trademark Application Process? Contact the Highly Reputable Omni Legal Group Today.

Filing a trademark can at times be difficult to do by yourself. The lawyers at Omni Legal Group have years of experience filing all types of trademarks and can handle your application for you.

We are a premier Patent, Trademark, and Copyright law firm located in Los Angeles. For further information or to schedule a consultation please contact Omni Legal Group at 855.433.2226 or visit www.OmniLegalGroup.com to learn more.

Remedies for Patent Infringement

Coming to the realization that an unauthorized user has infringed on your intellectual property is an absolute punch in the gut. After all the work and expense, one has put into developing, registering, and marketing your patent, it can be extremely frustrating to watch someone else making money off your idea.

As a patent holder, you have legal options to protect your IP. Here are some remedies you can pursue when you discover someone is infringing your rights.

Cease-and-desist Letters

The first step in many infringement situations is to have your patent attorney send a cease-and-desist letter to the person or company that’s infringing your mark.

There are two types of cease-and-desist letters. The first simply tells the infringing party to stop doing what they’re doing, or to “knock it off.” Often, this letter can be enough to scare the infringer and stop the infringement.

Patent attorneys also often send cease-and-desist letters demanding a settlement from the infringer. In exchange for receiving a settlement, the patent holder would agree not to file a patent infringement lawsuit.

Injunctions

If a cease-and-desist letter is not enough to stop the infringing activity, the next step to stop the infringement is initiating patent litigation. When a complaint is filed alleging patent infringement, they often ask the court for a temporary injunction at the outset of the case. If the judge grants the temporary injunction, the defendant must stop their infringing actions while the case is being litigated.

If a plaintiff is successful in court, part of the case disposition may include a permanent injunction. This would prevent the defendant from infringing the plaintiff’s patent again in the future.

Monetary Awards

In addition to an injunction, plaintiffs can win monetary awards in patent litigation. Patent holders can win a few different types of awards in court. The first type is “reasonable royalties,” which would be equivalent to what someone would pay to license the patent. The second type of monetary award is “lost profits.” This is the amount of money the plaintiff would have earned, but for the defendant’s infringement of the patent.

In some cases, courts will also award reasonable attorney fees to the prevailing party in patent infringement cases, if the facts of the case are “exceptional.”

Have Questions About How to Protect Your Patent? Contact the Highly Reputable Patent Lawyer in Los Angeles

If you have a patent that you suspect is being infringed, or you want to ensure proper protection, the Omni Legal Group is here to help. Omni Legal Group is a premier Patent, Trademark, and Copyright law firm located in Los Angeles. For further information or to schedule a consultation please contact Omni Legal Group at 855.433.2226 or visit www.OmniLegalGroup.com to learn more.

Difference between a Copyright, a Patent, and a Trademark – an Overview

Intellectual property rights give owners certain protections over their creations. Despite being
under the same umbrella term, different types of intellectual property have different types of
protections.

This article provides a brief overview of what it means to have copyright, patent, or trademark
protection.

Copyrights

Copyright law protects original works of art, such as books, songs, art, photographs, and videos.
In the United States, an author or creator automatically has copyright ownership of a work when
it’s created.

Registering your work with the U.S. Library of Congress gives you certain benefits, including:

The right to reproduce the work, such as by selling copies of a book or movie;
The right to display or perform the work publicly;
The right to license the work to others; and
The right to file a lawsuit claiming copyright infringement.

Copyright protection for works created in 2022 are valid for the life of the author and 70 years,
with no renewal requirements.

Patents

There are two types of patents: utility patents and design patents. Utility patents protect
inventions, while design patents protect non-functional decorative elements of an invention.
Patents can protect physical items, like the latest smartphone, and mechanical processes, as well
as chemical compounds found in pharmaceuticals, and even software code.

Unlike copyrights, patents give the patent holder the right to prohibit others from making, selling, or otherwise distributing the invention. Patent law does not give the patent holder any rights to make, sell, or distribute their invention.

If you’re an inventor, it’s important to file for patent protection early, because the United States
is a first-to-file jurisdiction. This means that, regardless of who invented the item first, the first
person or company to file their papers with the U.S. Patent and Trademark Office (USPTO) will
receive protection over the invention.

Utility patents are valid for 20 years, while design patents are valid for 14 years.

Trademarks

Finally, trademarks protect branding, whether it’s a slogan, logo, or even the name of a business.
Trademarks help the public identify the origin and quality or a particular product or service.

A trademark owner has the right to prohibit others from using a similar mark within a particular
industry. For example, a computer repair company could register their trademark for the service
they provide as well as their advertising materials, but would not be able to use the mark, and
could not prohibit others from using a similar mark, if utilized by a guitar manufacturer. To learn
more please contact a trademark attorney in Los Angeles.

Trademark rights can last for hundreds of years, as long as the mark is still being used and the
owner of the mark files for renewal.

Different aspects of intellectual property law allows different types of protection for owners. As
an IP owner, it’s important to understand what type of intellectual property protection your
creation can receive and what rights you have over the work.

**Have Questions? Consult with an Experienced Patent Attorney in Los Angeles Today**

Omni Legal Group is a premier Patent, Trademark, and Copyright law firm located in Los
Angeles. For further information or to schedule a consultation please contact Omni Legal Group
at 855.433.2226 or visit www.OmniLegalGroup.com to learn more.

Different Types of Patent Searches – an Overview

People are surprised to learn that multiple types of patent searches can be conducted, and the search selected will depend upon the search’s rationale. This article provides an overview of the different types of patent searches that can be done.

Novelty or Patentability Search

Novelty searches are conducted to determine the likelihood of getting a patent through the United States Patent and Trademark Office (USPTO). This is a vitally important search because you do not want to waste your time and resources on filing a patent application for something that is already subject to an existing patent.

Another benefit associated with this type of search is that it can often yield valuable information to the inventors, such as competitors in the same space.

You may be asking yourself, “what exactly are the steps that need to be taken to conduct a novelty search?” Well, the first step is for the inventor to clearly identify the invention and list out all the elements and key aspects that they believe are novel. Second, a comprehensive search needs to be conducted through the USPTO database for patents and publications, Google, and other databases to assess whether any of the search results involve the same elements as those described by the inventor.

Freedom to Operate Search

A Freedom to Operate (FTO) search is done to help determine whether it would be prudent to commercialize the product in view of existing patents. In other words, the FTO search determines if the inventor is free to operate and commercialize the invention without the fear of getting sued for infringement. The focus of an FTO search and opinion is on the claim portion of the existing, in-force patents, rather than the disclosure portion of the prior art as in a novelty search. As a result, FTO searches tend to be more complex and time-intensive.

The steps involved to conduct an FTO search are similar to those taken during a novelty search. Just like a novelty search, the inventor must clearly identify the invention and list out all the elements and key aspects that they believe are novel. A searcher will conduct a comprehensive search focusing only on in-force patents and published patent applications in the relevant jurisdiction. After that, your patent attorney must then review and analyze the search results, specifically by scrutinizing the independent claims of the relevant patents and researching the prosecution history of those patents. The patent attorney will then assess if there is literal infringement or equivalent infringement for the elements described by the inventor.

The objective of an FTO search is to assess whether the proposed invention infringes upon any patents found in the FTO search. If they do, the inventor can decide whether they want to stop any further efforts related to the commercialization of the proposed invention, engage in a redesign, or approach the patent holder for possible licensing negotiations.

Validity Search

Validity searches are usually conducted when there is a request by a potential defendant or a defendant in an actual patent infringement lawsuit seeking to invalidate the patentee’s patent as a defense to patent infringement. The objective is to determine whether the identified patent is valid or enforceable.

In other instances, a validity search and opinion may be used prior to purchasing or licensing certain patents to determine the strength of those patents.

**Have Questions? Contact an Experienced and Reputable Patent Attorney in Los Angeles Today**

If you have an invention and want to obtain a patent, retaining the services of a reputable and highly experienced patent lawyer, such as the professionals at Omni Legal Group, is imperative for a successful outcome. Whether you are in need of, or have, a provisional patent, non-provisional patent, design patent, utility patent, or plant patent application, Omni Legal Group is here to help. Omni Legal Group is a premier Patent, Trademark, and Copyright law firm located in Los Angeles. For further information or to schedule a consultation please contact Omni Legal Group at 855.433.2226 or visit www.OmniLegalGroup.com to learn more.

How to Navigate Class Selection in a Trademark Application

How to Navigate Class Selection in a Trademark Application

Registering a trademark can be a difficult and stressful process. Why? Because one of the key aspects of the trademark application process is selecting the correct “class” for your trademark. There are 45 classes in total, and it is up to you, the applicant, to select the right one.

The class selection process may be intimidating, as each class relates to a specific type of good or service. However, there are often ambiguities and misinterpretations of what good or service should fall into which class. This is where the counsel and guidance of an experienced trademark lawyer can prove to be invaluable.

For example, your product might fall under one of the most common trademark classes, class 42 (also known as the “Science and Technology Services” class).

This class is geared towards services handled by trained professionals such as chemists, engineers, computer programmers, physicists, etc. for services that deal with scientific and technical services such as:

Software design services,
Technical research,
Computer programming,
Chemistry services,
Architectural services,
Biological research,
Chemistry research
Cloud computing and seeding services,
Computer technology consulting,
Construction drafting,
Medical research,
Electronic data storage, and
Environmental protection research.

For example, a class 42 trademark might be pursued for cosmetic research, biological research, and even computer data recovery.

Classes That Commonly Coordinated with Class 42

Class 42 includes an array of services in technical and scientific fields. However, there are situations in which class 42 does not cover all areas of technical services such as medical services or the installation of computer software. In such circumstances, it is essential that you invest the time, or seek the counsel of an experienced trademark attorney, to identify other classes that cover your service. It is important to understand the different components of what you are looking to register as a trademark. It is possible that your product or service requires filing in multiple classes to cover the different components of what you are looking to protect with a trademark. Some classes commonly related with Class 42 include:

Class 9: Electrical and Scientific Apparatus,
Class 36: Insurance and Finance Services,
Class 37: Construction and Repair Services,
Class 38: Telecommunications Services,
Class 39: Shipping and Travel Services,
Class 40: Material Treatment Services,
Class 41: Education and Entertainment Services,
Class 43: Food Services,
Class 44: Medical and Vet Services, and
Class 45: Legal and Security Services.

Registering a Class 42 Trademark

The first step in registering a Class 42 trademark is to conduct a trademark search for existing marks within that class and the related classes. Once this search is complete, the next step is to prepare and file your trademark application with the United States Patent and Trademark Office. A trademark examiner will then review your application, and if all requirements are met, a registration may be issued. The last step of the trademark process is to maintain your trademark status. If these steps seem intimidating or overwhelming, it is strongly recommended you contact an experienced trademark attorney to help guide you through the process.

Have Questions? Contact the Reputable Omni Legal Group Today

As you can see, properly assessing and choosing the class your service falls under can be difficult and is rife with potential pitfalls. Nevertheless, if you have the counsel of an experienced trademark attorney in Los Angeles, such as the expert professionals at Omni Legal Group, you can rest assured that everything will be handled accordingly. Omni Legal Group is a premier Patent, Trademark, and Copyright law firm located in Los Angeles. Our legal team of highly experienced patent & trademark attorneys, specialize in protecting your intellectual property securing your patents, trademarks, and copyrights. Whether it’s a provisional patent, non-provisional patent, design patent, utility patent, or plant patent application, Omni Legal Group will see it through. For further information or to schedule an appointment please call 855.433.2226 or visit www.OmniLegalGroup.com to learn more.

How Can an Unregistered Mark Create Problems for a Trademark Application?

Common Law Rights in Trademark Approval

Many prospective trademark applicants wrongly assume that the Examining Attorneys at the Trademark Office, when conducting trademark searches for the applicant’s proposed mark, will search common law rights (i.e., use rights and unregistered rights) along with the registered and pending marks.

The Examining Attorneys at the USPTO lack the resources to conduct common law searches. As a result, when an applicant fails to conduct a comprehensive search prior to filing for a trademark, you could wind up investing time and resources to register the trademark at the federal level, but that mark may still be infringing on a third party’s trademark rights at the common law level.

How Common Law Can Muck Up Your Mark

The United States adheres to a “first to use” trademark system, not a “first to file” system like many other countries. As a result, common law rights (i.e., use rights) are important and should not be neglected.

For example, if a third-party individual or company possesses senior common law rights, they may be able to initiate a proceeding with the Trademark Trial and Appeal Board to either oppose your pending trademark application or cancel the trademark registration altogether.

This can be particularly frustrating since the third-party individual or business with senior common law rights does not need to have filed or registered the mark. Rather, they simply must have used the mark in commerce before your application is filed.

As mentioned, it is extremely important for applicants to conduct common law searches in advance of filing a trademark application with the USPTO.

Increase in Trademark Applications

The Trademark Office has been experiencing a large surge of trademark applications in the past few years, largely due to the proliferation of e-commerce sites. For example, the USPTO received over 92,000 trademark applications in December 2020, which is an increase of 172 percent over December 2019.

As a result of this massive uptick in application filings, you need to be patient when filing your trademark application. Typically, pre-surge, it would take less than four months for an Examining Attorney to be assigned and to issue an Office Action. Nowadays, the wait time is between seven and eight months for a full review of a trademark application and issuance of an Office Action. Other delays have occurred with Responses to Offices Actions, review of Statements of Use, and post-registration review.

For example, post-registration processing, which prior to the Coronavirus pandemic, typically took around thirty days for review by an Examining Attorney, is taking between 60 and 90 days during the pandemic and surge in applications.

Need Help with a Trademark Application? Contact Omni Legal Today

An experienced trademark attorney at Omni Legal Group will assist by researching your trademark and filing your federal trademark application. We are here to guide and assist you through the entire trademark registration process.

Have Questions? Contact an Experienced and Reputable Trademark Attorney in Los Angeles Today

If you are looking for professional assistance in completing a comprehensive trademark search and filing a trademark application, contact an experienced trademark lawyer at the reputable Omni Legal Group. Omni Legal Group is a premier Patent, Trademark, and Copyright law firm located in Los Angeles. For further information or to schedule a consultation, please contact Omni Legal Group at 855.433.2226 or visit www.OmniLegalGroup.com to learn more.

When Should a Patent Application be Filed?

The Importance of Timely Filing a Patent Application

Proper timing for filing a patent application can be challenging but is extremely important. If you fail to timely file a patent application, there are several factors that may prohibit you from securing a patent. Nevertheless, it is also possible to file too early. Hence, it is important to understand the importance of the filing date for your patent application.

According to statutory provisions, if two or more inventors file patent applications for the same invention, priority is given to the inventor who first filed a patent application with the United States Patent and Trademark Office (USPTO). There is no consideration given to who actually conceived the invention first. As a result, the filing date of your patent application is extremely important and has a significant impact on whether you are able to succeed in obtaining a patent.

Because of the significant role of the application filing date, certain precautions should be undertaken to avoid potential challenges with your application. For example, it is important to consider filing an application before telling others about the invention, including investment partners or other companies. While it is true that a person cannot file a patent application for an invention unless they actually invented it, divulging certain information may lead to others trying to file an application for your invention before you can file the application.

Deadlines for Filing a Patent Application

In addition to beating third parties in the race to the USPTO, disclosures associated with a patent application may create additional deadlines. If these deadlines are not properly observed, it may lead to your application being thrown out and prohibited from obtaining a patent.

The first relevant deadline is one year after the first public disclosure of your invention. A public disclosure requires that someone (not necessarily the inventor) disclose to a member of the public a non-confidential communication that describes the invention in sufficient detail to enable one of ordinary skill in the art to make and use that invention. Such disclosures often occur through printed publications, such as advertising material or scientific journals, or verbal disclosures, such as those made during a presentation. Once a public disclosure of the invention is made, the inventor has one year to file a patent application before they are barred from obtaining a patent for that invention.

The second relevant deadline is created one year after the invention is first used in public. While the inventor’s experimental use of the invention does not trigger the one-year time bar, any public use by the inventor or another who is not under a restriction or an obligation to secrecy by the inventor will trigger the beginning of the one-year time bar.

The third relevant deadline is created one year after the invention is first offered for sale anywhere in the world, even if an actual sale is not made. A mere offer to sell the invention will begin the one-year clock regardless of whether your invention has been brought to the market or put into practice.

As a result, these potential bars to patentability highlight the importance of filing an application as soon as possible in order to avoid missing out on securing a potentially valuable patent.

Have Questions? Contact an Experienced Patent Attorney in Los Angeles Today

If you have any questions about when you should file a patent application, contact a highly experienced and reputable patent attorney in Los Angeles today. Omni Legal Group is a premier Patent, Trademark, and Copyright law firm located in Los Angeles. Our legal team of highly experienced patent attorneys specialize in protecting your intellectual property securing your patents, trademarks, and copyrights. Whether it’s a provisional patent, non-provisional patent, design patent, utility patent, or plant patent application, Omni Legal Group will see it through. For further information or to schedule an appointment, please call 855.433.2226 or visit www.OmniLegalGroup.com to learn more.

What is a trademark notice of publication?

Trademark Notice of Publication

The process of registering a trademark is complex and rife with potential opposition and roadblocks. While a Notice of Publication is a promising step in registering your trademark, third parties have the opportunity to contest your mark, which may prevent registration. Once a trademark application is drafted and filed with the United States Patent and Trademark Office (USPTO), the application is examined by a trademark examining attorney within the USPTO. If the trademark examining attorney determines that your application complies with applicable statutes, rules, and fees, the trademark will be published in the trademark “Official Gazette” (i.e., a weekly publication that is published every Tuesday, including federal holidays, and available to the public on the USPTO website).

Before publication in the Official Gazette, however, the trademark applicant will receive a notice of publication disclosing the date that the mark will be published, usually two months after the trademark application is approved for publication. This date carries significant value as it marks the day that the trademark is “published for opposition.” Essentially, the day the trademark is published in the Official Gazette, a 30-day window is opened whereby members of the public can file an opposition to the registration of the published mark.

If a successful opposition is mounted against your mark, it can prevent the trademark from being registered. However, if this 30-day window closes with no oppositions filed, the trademark application will be able to move to the next stage toward registration.

Potential Public Opposition

If opposition is raised, the opposing party is required to file a notice of opposition with the USPTO Trademark Trial and Appeal Board (TTAB) and pay a fee. The TTAB is an administrative tribunal within the USPTO that functions similarly to a federal court in that they hear and decide adversarial proceedings between parties. However, the only issue the TTAB may decide is the validity of a trademark.

A Notice of Opposition must state the grounds on which the opposing party believes that the trademark should not be registered on the principal register. During the opposition, each party may present evidence and witnesses to further their claims that the trademark should or should not be registered. Once all evidence is submitted and all arguments have been heard, the TTAB will issue a decision within about six months. In total, the process may take years.

Have Questions? Contact an Experienced Trademark Attorney in Los Angeles Today

It is incredibly important to protect your brand identity; hence it is in your best interest to invest the time and resources to properly secure a trademark registered with the United States Patent and Trademark Office. For further information or to retain the services of an experienced and knowledgeable trademark attorney in Los Angeles such as the professionals at the Omni Legal Group please call 855.433.2226 or visit www.OmniLegalGroup.com to learn more.

Omni Legal Group is a premier Patent, Trademark, and Copyright law firm located in Los Angeles with experienced lawyers standing by to help you.

What are the rules for patent drawings?

Important Guidelines for Utility Patent Drawings

If you are applying for a utility patent, you need to provide the United States Patent and Trademark Office (USPTO) with a drawing, or drawings, of your invention or innovation. Failing to provide sufficient drawings, or providing incorrect drawings, can be a death knell for your utility patent application. Why? Because there are typically no do-overs when it comes to patent drawings. The USPTO does not allow patent applications to add new matter once filed. As a result, it is nearly impossible to fix defective drawings since any corrections would inherently add new matter.

Hence, it is imperative to invest time and care into the drawing and ensure it is done properly, whether by you or a professional third party.

Guidelines

Below is a list of the primary formatting rules for patent drawings, according to the USPTO.

The drawings should be in black and white as colored drawings are generally not allowed.
Photographs are only allowed in case there is no other realistic way of conveying the details of the invention.
Formulas and tables are allowable forms of drawings.
The drawings should have multiple views to explain the invention accurately.
The size of the patent drawing should allow viewing of the details discussed in the patent application with the understanding the drawing may be reduced in size during publication.
Shading the drawings is encouraged if it will help depict the invention.
Reference characters should point to the detail of the drawing it refers to. While both numbers and the English letters are allowable reference characters, numbers are preferred.
The paper should be white, pliable, muted in appearance (not shiny), and robust.
The drawing must fit on either 21.0 cm by 29.7 cm or 27.9 cm by 21.6 cm paper with a 2.5 cm top and left margin, 1.5 cm right margin, and a 1 cm bottom margin.
The drawing may only be on one side of the paper.

Hiring a Professional

Generally, budget allowing, you should consider hiring a professional who understands the USPTO requirements and is adept at drafting mechanical drawings. Why? It will ensure the highest-quality drawing possible. Moreover, professionals understand the USPTO requirements.

Self-Generated Drawings

If you lack the financial resources to hire a professional drafter, it may be useful for you, the inventor, to attempt to draw the invention. In fact, you may be best suited to manage the drawing since you probably have a better understanding of the features of the invention.

Utilizing Computer Software

If you are terrified at the prospect of sitting down at a table and trying to create a respectable drawing for your utility patent, consider using a computer-aided design software . This type of software comes in handy when you are not a great artist, or you need to create shapes and 3D images to properly illustrate the innovation or invention.

Have Questions? Contact an Experienced and Reputable Patent Attorney in Los Angeles Today

If you have an invention and want to obtain a patent, retaining the services of a reputable and highly experienced patent attorney, such as the professionals at Omni Legal Group, is imperative for a successful outcome. Whether you are in need of, or have, a provisional patent, non-provisional patent, design patent, utility patent, or plant patent application, Omni Legal Group is here to help. Omni Legal Group is a premier Patent, Trademark, and Copyright law firm located in Los Angeles. For further information or to schedule a consultation please contact Omni Legal Group at 855.433.2226 or visit www.OmniLegalGroup.com to learn more.

What can and cannot be patented?

Many different types of innovations and inventions can be patented in the United States. Nevertheless, there are certain things that generally cannot be patented; hence, it is important to have a baseline of knowledge of what qualifies for a patent before beginning the patent application process.

Different Types of Patents

Patents are typically broken down into specific patent types. The types of patents include:

Design and utility patents are, by far, the most common types of patents pursued in the United States.

Design Patent

Generally, a design patent protects the ornamental features of an invention, i.e., what it looks like. For example, you can get a design patent on a new lampshade as long as it looks different from other lampshades. Design patents can be used effectively to prevent direct knock-offs of an entire inventions as well as protect a portion of an invention, such as a bumper of a vehicle.

Utility Patent

Utility patents are used to protect processes/methods (a method of making a golf ball), apparatuses/machines (mechanical devices from hammers to rocket engines), and composition of matter (chemical structures in medication). Utility patents are the most common type of patent sought and apply to the broadest range of inventions. Depending on the type of utility patent sought, it may provide protection of the underlying invention or how the invention operates.

Plant Patent

A plant patent is typically pursued when you have created a brand-new plant subspecies. As you might expect, this type of patent is fairly rare. Nevertheless, if you are in need of a plant patent, make sure to retain the services of a patent lawyer who is experienced in this specialized area of patent law.

What Cannot be Patented

There are specific limitations on what can be patented in the United States. Why? Because your invention may actually be protected by another type of intellectual property protection, or your invention is not eligible for a patent for other reasons. For example, if you are looking to protect a business name or logo, then you need to secure a trademark, not a patent. Similarly, if you are looking to protect a piece of music, a photograph, or another type of artistic expression, then you need to secure a copyright, not a patent.

A trickier aspect of patent law arises with phone applications (i.e., apps). It is important to understand that, in general, anything that is new and useful is likely eligible for a patent. However, being “useful” is insufficient. This is particularly true of software and types of phone applications. The inability to patent a phone app is because, in many instances, they are just spreadsheets on steroids that are presented in an easier-to-read-or more understandable format. Hence, the USPTO may not always consider a phone app to be an invention.

Have Questions about the Patent Application Process? Contact the Highly Reputable Omni Legal Group Today

If you have an invention and want to obtain a patent, retaining the services of a reputable and experienced patent attorney is extremely important. Whether you are in need of, or have, a provisional patent, non-provisional patent, design patent, utility patent, or plant patent application, Omni Legal Group is here to help. Omni Legal Group is a premier Patent, Trademark, and Copyright law firm located in Los Angeles. For further information or to schedule a consultation please contact Omni Legal Group at 855.433.2226 or visit www.OmniLegalGroup.com to learn more.

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