QUESTION

How do I best protect our products in regards to IP?

Asked on Dec 13th, 2019 on Intellectual Property - Arkansas
More details to this question:
We have created 2 education devices utilizing slide charts and research available to others with effort. We incorporated this information into a convenient, easy to use format for patients. I was told a patent is probably not necessary? We will own the design copyright once complete, paid for, and transferred to us. We have copyrighted the device names as well.
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1 ANSWER

Immigration Attorney serving Lake Mary, FL at IP & Immi Navigation LLC
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You may pursue trademarks for the two products and educational services. The two types of trademarks that are suitable in this situation include the name-based trademark. Another one is a service-based trademark, which is based on educational services. Before you choose the product name, conduct a comprehensive trademark search with the help of a trademark attorney. This comprehensive search must include federal USPTO trademark databases, state trademark databases, and common law. Based on this search, any trademark attorney will give you a search-based legal analysis about the possibility of trademark registration. Trademark registration is a 6-9 month process and you should be patient with the USPTO process. You are the owner of any work-for-hire copyrightable work. You may pursue copyright based on the "original work of authorship fixed in a tangible medium of expression." See 17 U.S.C. § 102 (a). I need more information to state whether you may pursue copyright solely on design.  Patent eligible subject matter includes "any new and useful process, the machine, manufacture, or composition of matter" may obtain a patent." See 35 U.S.C. §101. Abstract ideas are not protected under patent law. Any research material that is already available to the public in some form and utilizing slide charts may be abstract and not patent-eligible. I need more information to determine whether there is any more patent-eligible subject matter that you pursue. Good luck!   Disclaimer: The response is general in nature and cannot be construed as legal advice. If you would like to have legal advice, then please consult any competent attorney privately to discuss your case and establish a proper attorney-client relationship. I only work through my website at https://affordabletrademarkattorney.com/
Answered on Dec 14th, 2019 at 11:29 AM

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