30 September

Sticky

Dispelling Business Formation Myths

in Blog

Many business owners struggle with finding time to do proper research before starting a business. As a result, they rely on inaccurate information about business formation and end up making mistakes that thwart their success or cause legal or financial issues. There are two reasons why business owners make mistakes when starting a business: (1) They cannot separate fact from fiction due to the abundance of information online, and (2) They do not seek the assistance of a business formation attorney. There are countless myths and misconceptions spread on the Internet and social media by people who call themselves “entrepreneurs” but have...

31 August

0 Comments

Sticky

Ex-Parte Reexam vs. Inter-Partes Reexam vs. Post-Grant Review

Posted by coffylawpro

in Blog

Suppose you’re running a business using certain methods or technological devices, and suddenly a patent is granted that threatens your operations. You believe the patent to be at least partially invalid based upon prior patents or printed documents, and you weigh your options for challenging the newly granted patent. One way is to file a declaratory judgment action in federal district court seeking to invalidate the patent. This type of legal action, however, is costly and time consuming. Fortunately, there are options for challenging a patent within the U.S. Patent and Trademark Office (USPTO) system. There are now three popular avenues for...

20 July

0 Comments

Sticky

Inventor in Residence

Posted by coffylawpro

in Blog

Inventor In Residence – Darrell Fertakos is an internationally recognized award winning product developer, intellectual property creator in over 35 industries, serial entrepreneur and named a prolific inventor by The Discovery Channel and Modern Marvel out of 4,200 by The History Channel for his ability to invent game changing innovations, winning products and his unique ability to devise award winning creative solutions to problems. With training in new product development from Hall of Fame PH.D. Inventor professor in college Dr. Phillip Anderson, named NJ Inventor of Year with over 100 patents inspired Darrell to continue his passion for inventing after joining an...

12 July

0 Comments

Sticky

WHAT TO EXPECT DURING THE TRADEMARK REGISTRATION PROCESS

Posted by coffylawpro

in Blog

WHAT TO EXPECT DURING THE TRADEMARK REGISTRATION PROCESS

Apple, Google, McDonald’s, Gatorade, and Adidas are among the most famous trademarks in the United States. Trademarks registered with the United States Patent and Trademark Office (USPTO) receive broad legal protections. If you’re starting off in a business, you may want to receive trademark protection for your name, slogan, logo, or symbol, but there are various steps you must take in the process to achieve USPTO recognition. The first, of course, is to prove that your mark is distinctive to your brand and is not being used for a similar product or service by someone else. For example, “I’m Lovin’ It” may...

21 May

0 Comments

Sticky

WHAT QUALIFIES AS A TRADE SECRET?

Posted by coffylawpro

in Blog

Trade secrets are a key component of a company’s intellectual property. In fact, trade secrets are often a company’s most valuable asset and may consist of any formula, technique, process, pattern, or device that provides the business with a competitive edge. The skillful business litigation attorneys at COFFYLAW, LLC can help you identify what qualifies as a trade secret and what steps you need to take to protect it from infringement, theft, and misappropriation by employees or competitors. Our trade secrets attorneys with offices in New Jersey and New York have a track record of success representing businesses in intellectual property disputes and...

09 May

0 Comments

Sticky

CAN INTELLECTUAL PROPERTY BE SOLD?

Posted by coffylawpro

in Blog

If you or your business own intellectual property (IP) in the form of patents, trademarks, copyrights, or even trade secrets, there may come a point when you have to choose between using your IP yourself, licensing it to others, or simply selling it outright. Sometimes it’s not an easy decision to make. Intellectual property often takes a lot of time and energy to create, and then safeguarding your creations through patents, copyrights, and trademarks can be expensive. Patents especially require continuing renewal fees, and if you’re not making money from the patent, you may decide it’s best to either license or...

19 April

0 Comments

Sticky

COPYRIGHT VS. FAIR USE

Posted by coffylawpro

in Blog

If you want to use copyrighted material for a project or even if you just want to make sure that your work is protected, there are some basic things you need to know about copyright. In the United States, protection for copyright works is based on the Constitution, Article 1, Section 8, Clause 8, which states: “The Congress shall have Power To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their Writings and Discoveries.” Accordingly, under 17 U.S. Code §102, copyright protection subsists in original works of...

01 April

0 Comments

Sticky

CONSIDERATIONS BEFORE APPLYING FOR A PATENT

Posted by coffylawpro

in Blog

If you have an invention you have been working on and you want to sell it or are already selling it, you might be thinking about getting a patent. You’ll need a patent for your invention to ensure that no one can steal your invention and use it as their own to generate profits. However, getting a patent is a complex undertaking that requires you to consider a number of factors. This is where the legal counsel of an intellectual property attorney comes into play. A knowledgeable attorney can help you analyze your situation and determine what patent protection options are available to...

22 March

0 Comments

Sticky

UNDERSTANDING PATENTS, TRADE SECRET, TRADEMARKS, SERVICE MARKS & COPYRIGHTS

Posted by coffylawpro

in Blog

UNDERSTANDING PATENTS, TRADE SECRET, TRADEMARKS, SERVICE MARKS & COPYRIGHTS

Today's business landscape is highly competitive and crowded. Everyone is searching for an ideal market strategy to help them stand out from the competition. While trying to achieve this, the last thing you want is for another person or business to use or reproduce your work without your permission. Patents, trade secrets, service marks, trademarks, and copyrights are important intellectual property (IP) tools used by individuals and business entities to distinguish their products, services, or brands and protect their original works and ideas. However, the kinds of protections afforded by each IP tool are relatively different. COFFYLAW, LLC is dedicated to providing...

15 March

0 Comments

Sticky

UPDATE ON ARTIFICIAL INTELLIGENCE (AI): USPTO FILES OPPOSITION BRIEF AT THE COURT OF APPEALS FOR THE FEDERAL CIRCUIT (CAFC) TO AFFIRM DECISION THAT AI CANNOT QUALIFY AS AN “INVENTOR.”

Posted by coffylawpro

in Blog

March 15, 2022 - The case at issue is STEPHEN THALER, Plaintiff-Appellant, v. ANDREW HIRSHFELD, Performing the Functions and Duties of the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO), UNITED STATES PATENT AND TRADEMARK OFFICE, Docket 21-2347 (Thaler v. Hirshfeld). It originated from the Eastern District of Virginia under Docket # 1:20-cv-00903. On September 3, 2021 the Eastern District of Virginia, ruled that under the Patent Act, an Artificial Intelligence (AI) machine cannot qualify as an “inventor.” The case involved two (2) patent applications that Stephen Thaler filed with the United...