Our Services
It’s not Just an idea — it’s your property.
From inventions to brands, we help you secure your intellectual property so you can go to market faster and protect your ideas from the infringement of others
Patents
A patent is a legal monopoly over the manufacture and sale of a unique, physical invention which you, the creator, have exclusive access to over a period of time.
A utility patent gets you legal protection of the function of a particular invention. These types of patents can cover the process, composition, or improvements to a product.
A patent can be used as both a shield and a sword to prevent others from using your invention as their own and also allows you to create or license your product.
We’ll help you secure this property so you have peace of mind knowing that no one else can profit from your idea.
Patents protect functional and ornamental aspects of new inventions and designs. Many Southwest Florida businesses and residents, including some residing in Naples, have been recently awarded patents by the U.S. Patent and Trademark Office (“USPTO”). This comes as no surprise as the City of Naples is a growing technology hub.
A design patent is a type of patent that protects any new, original and ornamental design for an article of manufacture. In other words, a design patent protects the visual or aesthetic characteristics of an article of manufacture. While a design patent does not protect the functional aspects of an invention, the functional features of an invention can be protected by a utility patent application.
A software patent or business method patent provides protection for any computer performance realized by the means of a computer program. In today’s era, software patents are gaining monumental interest as our dependency towards technology is growing. In 2013, the software industry was valued to be $404.3 billion worldwide.
There are many ways to protect a chemical invention including patents, trade secrets and licenses. United States patent law allows a person to patent “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.” Accordingly, chemical patents are quite common, since “composition of matter” relates to chemical compositions such as mixtures of ingredients and new chemical compounds.
Patentability opinions are reports we conduct to define the patentability of an invention in light of any existing patents or patent applications found in the United States Patent database, as well as in other databases. This search is necessary in order to avoid any possible predicaments in the future once a patent application is filed.
Trademarks
Registering and maintaining a trademark protects a phrase, word, or design which represents a company brand.
The way a trademark is filed is critical to how and if a trademark will be protected. Trademarks that are “in commerce,” or are currently being used, refer to active trademarks. Intent-to-use trademarks can reserve brand names for services and goods you plan to launch and can be held for three years.
In the modern era of branding, it is more important than ever that you secure all of your company and trademarks with professionals like us.
We can help you with registering trademarks but also engaging in trademark prosecution, trademark litigation, and responding to actions from the federal Trademark Office.
A trademark or service mark includes any word, name, symbol, device, or any combination thereof, used to identify and distinguish the goods and services of one seller from another. “Why should I register my trademark or service mark?” is a question that clients frequently ask. A trademark or service mark registered with the United States Patent and Trademark Office (“USPTO”) may provide several advantages to its owner.
Trademark prosecution is an industry term used to describe the process that involves filing a trademark or service mark application with the United States Patent and Trademark Office (“USPTO”) and arguing against any Office Action received from the USPTO. The trademark prosecution process begins when an application for a trademark or service mark registration is filed with the USPTO.
What is a trademark?
A trademark or service mark is any “thing” used to identify and distinguish goods or services of one seller from another. That “thing” may include a word, logo, slogan, symbol, package or design. A registered trademark or service mark can give a business owner exclusive rights to use a trademark or service mark.
The Plus IP Firm is an intellectual property law firm, located in the Miami area, that focuses exclusively on patents, trademarks and copyrights. Our attorneys at the Plus IP Firm will quickly and efficiently prepare and prosecute a trademark or service mark registration application to place you and your business in the best position to protect your brand and provide you with a competitive advantage.
At the Plus IP Firm we obtain U.S. trademark registrations for companies and individuals in the Naples area. Our firm handles all matters of Intellectual Property, including Trademarks, Patents, and Copyrights. We currently represent numerous clients in the Naples area. Please give us a call to see how we can help you and your business.
We are patent and trademark lawyers that procure patents, trademarks and copyrights for our clients. At the Plus IP Firm we represent numerous companies and individuals in the West Palm Beach area. The patent attorneys at the Plus IP Firm are registered to practice before the U.S. Patent Office.
Copyrights
A copyright is a set of exclusive rights granted to the author or claimant of an original work (such as a work of art), including the right to copy, distribute and adapt the work. Under United States law, original works of authorship that are fixed in a tangible form of expression are entitled to copyright protection. A copyright lasts for a certain period of time, after which the work is said to enter the public domain. A work is fixed in a tangible medium of expression “when its embodiment in a copy, by or under the authority of the author, is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration. For example, books, paintings, sculptures, architectural designs and plans, boat designs, software codes and tattoos are just a few examples of works that may be entitled to copyright protection.
The registration of copyrights has several advantages. The default rule in the United States is that each party bears their own litigation costs regardless of the outcome. However, the Copyright Act has a fee shifting provision. The fee shifting provision enables prevailing plaintiffs to recover attorney’s fees and costs for bringing a lawsuit against an infringer of a design or piece of artwork (the “work”) and statutory damages from the infringer if the work is timely registered. Timely registration will be gained if you register at any time before the work has been infringed, or if the work was registered within three months after the work was first published or distributed to the public. Statutory damages for each infringement can be between $750.00 to $30,000.00 per work and up to $150,000.00 if the infringement was willful. Actual damages and infringer profits can be difficult to prove due to the inherent intangible nature of copyrights. Therefore, statutory damages may be helpful in leveraging a quick and effective settlement against infringers of your work. Also, being entitled to statutory damages and attorney’s fees may make it easier to hire an attorney who is willing to take your case on a contingency basis.
Copyright protection may be only one component in an intellectual property portfolio. Copyright protection does not protect ideas, concepts, methods or systems. In certain circumstances, such ideas, concepts, methods or systems may be protecting under the patent laws. The attorneys at Plus IP are patent attorneys registered to practice before the United States Patent and Trademark Office and are available to assist you in determining the most effective way to protect you work.
The attorneys at Plus IP Firm have extensive experience filing copyright applications and obtaining copyright protection for a variety of clients. The U.S. Copyright Act also protects all scientific and artistic works, whether they are published or unpublished, and grants the author of the piece the exclusive rights to the work. Plus IP can assist you in obtaining copyright protection for your work, whether it is written source code, graphics, listed data, paintings, drawings, books, articles or the like. Plus IP can also help you with enforcement of your copyrighted materials, including copyright infringement claims. The attorneys at Plus IP have successfully represented many clients in enforcing their copyrights and defending against charges of copyright infringement. The Plus IP attorneys are available to any questions that you may have regarding your copyright law questions.