We understand that you may be proceeding with patent protection for the first time and may not be familiar with the process. As such, we have prepared the following overview of what you can expect during this important initial meeting.

Preparation of a Written Confidentiality Agreement: As Registered Patent Attorneys licensed to practice before the United States Patent & Trademark Office, we are legally bound by Title 37 of the Code of Federal Regulations (Section 10.57) to maintain the strictest confidentiality of any ideas disclosed to us. Furthermore, we will provide you with a written Confidentiality and Non-Disclosure Agreement signed by a partner of the firm. In addition to providing you with peace of mind, this Agreement will provide written documentation supporting a conception date for your idea and possibly serve as evidence of a reduction to practice.

Determination of Statutory Subject: In order for an invention to be patent able, it must be seen to constitute patent able subject as set forth in 35 U.S.C. Section 101. We will review your idea for patent able subject matter during our first meeting.

Review of Critical Statutory Deadlines: Patent rights can be lost forever if any of a number of critical statutory deadlines are missed. During our first meeting, the factual circumstances of the conception and development of your idea will be evaluated to determine if patent protection is still available. If it is still possible to preserve rights in your idea (e.g., you have not already missed any statutory deadlines), we will provide a specific plan for proceeding with obtaining legal protection.

Availability of Foreign Protection: Depending upon a number of factors relating to your specific idea, patent protection may be available outside the United States. During our first meeting, we will determine the availability of foreign patent protection on your idea and explain the steps necessary to preserve/secure such rights.

Appropriate Type of Patent Protection: There are two major types of patents issued by the United States Patent & Trademark Office, namely, utility patents and design patents. A utility patent protects the utility or function of an invention. On the other hand, a design patent protects the overall look or appearance. By the conclusion of our first meeting, we will have determined which type of protection is appropriate in your case.

Patent Novelty Search: We will carefully review the disclosure of your invention and discuss different search options you may want to consider in order to determine the state of the art in the field of your invention and/or to assist in evaluating the availability of patent protection.

Distinguishing Your Invention From Existing Technology: In order to obtain patent protection, it will be necessary to distinguish your invention from the prior art. During our first meeting, we will review the problems, limitations, and disadvantages associated with existing solutions that are overcome by your invention.

Review of Working Models, Prototypes, or Illustrations: Although a working model is not required prior to filing an application, we encourage clients who have prepared a prototype to bring it to the initial meeting along with any written descriptions, sketches, computer-aided drawings or pictures of their invention. We will evaluate your prototype and/or other disclosure materials to determine whether additional disclosure information will be necessary to provide an adequate description to a professional patent searcher, generate formal patent drawings and/or to commence drafting of a patent application.

Review of Flowchart: If your invention pertains to a method or process, we request that you prepare a flowchart or, alternatively, a description listing each of the steps required to practice the invention. If your invention relates to a software-implemented process, or an internet-based business method, it will be helpful if you provide any available screenshots or the like at the initial meeting to aid in determining what, if any, additional disclosure is necessary.

Review Availability of Trademark Protection: If you have already developed a word, phrase, logo, slogan, design, or combination of these elements to identify your product or service, it may be advisable to pursue federal trademark protection. During the initial meeting, we will discuss the availability of trademark protection in your particular situation.

Review Availability of Copyright Protection: There may be creative components of your idea expressed in sales brochures, advertising materials, solicitation letters and emails, instruction manuals, drawings, pictures, photographs, paintings, graphical images, web-site designs, or any of a wide variety of other items. We will discuss the desirability and availability of copyright protection with you during our first meeting.

Timeline for Patent Pending Status: Based upon the type and complexity of your invention, we will provide an estimated timeline for preparing a patent application and filing the application with the Patent Office to obtain “patent pending” status.

Estimate of Legal Fees and Costs: At the conclusion of the first meeting, we will provide a fixed-fee estimate itemizing the total fees and costs associated with the preparation and filing of your patent application.

Frequently Asked Questions About Our Initial Patenting Session

Question: What is the charge for your initial patenting session and how long does it take?

Answer: There is no charge for the initial patenting session. We believe it is critical that an inventor understand the steps necessary to prevent the permanent loss of patent rights, and to have their idea witnessed and evaluated for patent ability by a Registered Patent Attorney as soon as possible. The initial patenting session will typically last 30 minutes.

Please note that we set aside a specific block of time for the patenting session and it is very important that you arrive on time in order to obtain the full benefit of this meeting.

Question: What do I need to bring to the first meeting?

Answer: Please bring any materials that you feel will assist us in understanding your invention. This may include a written description of the idea and any hand-drawn or computer generated sketches. If a prototype is available, please bring it to the first meeting as well.

Question: I do not live close enough to your office for an “in-person” initial patenting session. Can I still participate?

Answer: Certainly. A number of our clients choose to participate in an initial patenting session via telephone after first sending us a description of their invention via email, fax, or regular mail.

Question: What if I am still working on improvements to my invention?

Answer: We suggest having the initial patenting session very early in the inventing process to prevent the accidental loss of patent rights. When possible, it is often advisable to preserve rights in an initial version of an idea even while you are making refinements to the invention, rather than risk the loss of rights to another.

Question: What if all my questions are not answered during the initial patenting session?

Answer: It is our goal to answer all of your questions and address any concerns during the initial patenting session so that you become knowledgeable about the ins-and-outs of preserving your patent rights. Should you desire further clarification on any matter discussed, or have any additional questions or concerns, please do not hesitate to call our office.

Question: What happens after the initial patenting session?

Answer: Should you wish to proceed with legal protection for your idea, we ask that you provide a 50% retainer towards associated legal fees and costs so that we may initiate further work on your matter.

If you’d like to discuss your new idea, please call (954) 908-6291 or email newideas@ideaattorneys.com to set up your free initial consultation

Fill out the quick form to the right and receive FREE Patent Information!

A patent allows you to profit from your idea. It gives you the legal right to prevent others from using your idea unless they first obtain your permission and either buy the patent from you or pay you an ongoing licensing fee or royalty payment.

By filing for a patent, you document ownership of an idea similar to the way a “title” does for a car or a “deed” does for real estate. Like other forms of property, patents are valuable assets and can be bought, sold, leased, used as collateral for loans, and even inherited.

Have Questions About Patents or Patent Law?

If you would like to speak with an attorney about your particular situation, please do not hesitate to call our office.

Contact Us Now

Please complete the short request form on the right to receive a detailed trademark information packet outlining the steps involved in obtaining trademark protection for a new company or product name or brand identity and an estimate of the associated legal fees and costs involved.

Have Questions About Trademarks Or Trademark Law?

If you would like to speak with an attorney about your particular situation, please do not hesitate to call our office.

Contact Us Now

Articles

• Duplicating Successful Business Methods Through Franchising
• Protecting Business Secrets
• Power of Intellectual Capital
• Protecting Intellectual Property
• Protecting Ideas on the Internet
• Unfair Competition Law

Before looking into franchising a new idea for a successful business, it is important for an entrepreneur to understand the conceptual dynamics of franchises and the franchise arrangement. Franchising can be an excellent way to expand a business. By cloning proven business and marketing techniques and finding others willing to invest their time and money to help grow a business concept, a proprietor can use franchising to obtain growth rates much higher than if he or she were restricted to opening more units on their own.

It is important to realize, however, that the primary reason people will pay you for a franchise is to minimize the risk of them starting a new business venture from scratch. Potential investors are looking to purchase the right to duplicate a tried and tested approach to a business that has already been proven to be successful. Ideally, the flagship operation will have already developed strong consumer loyalty and a degree of brand equity before franchising is considered. Franchising is certainly not the proper approach for a business idea that is still in the conceptual stages of development. In order to attract others to your venture, you must have an established operation that has been tested under real market conditions.

Trademarking is Key

The cornerstone of a successful franchises and a successful franchise system is a trademark for the product or service provided. In its most rudimentary form, a franchise agreement is a license from an owner of a trademark giving another the right to sell a product or service under the mark. In this regard, it should be noted that all of the legal ramifications governing trademark licenses apply equally to a franchise agreements. The franchisee essentially agrees to pay a fee to the franchisor in exchange for permission to operate a business or sell a product or service in accordance with tested methods and under the established trademarks of the franchisor. This fee is often broken down into an initial fee and subsequent periodic royalty payments.

Franchisee & Franchisor

The franchisee is usually granted an exclusive territory and is assured that he will be the only distributor of the particular goods or services in the area. The franchisor, on the other hand, is typically obligated under the franchise agreement to assist with advertising, promotion, research and development, training, education, and management assistance. It is also common for the franchisor to assist with quantity purchasing issues and publicity and media relations.

A franchisor must provide a prospective franchisee with a Uniform Franchise Offering Circular (UFOC). This must be given to the prospective franchisee at the first personal meeting, if you have a personal meeting with the franchisee. In all cases, the UPOC must be given to the franchisee at least 10 days before the franchisee signs any agreements or pays any money. Before an initial meeting, it is common to have a potential franchisee fill out an application. Once the application has been filled out, you will have a pretty good idea of the applicant’s educational background, employment history, economic situation, and any other relevant information desired. After reviewing the application, you can decide whether or not to pursue the franchising opportunity with the applicant. If you decide to go forward and meet the potential franchisee, you should give them the UFOC at this meeting. The franchise agreement is an exhibit to the UFOC, so for all practical purposes, you should have both documents available at the first substantive meeting.

Violation of various franchise and business opportunity laws may result in civil and criminal penalties. If you are considering the expansion of your business by offering franchises so others can duplicate the success of your business, it is important to obtain competent legal advice.

Have Questions About Franchising?

If you would like to speak to an attorney about franchises or your particular situation, please do not hesitate to call our office.
Contact Us Now

Sometimes the nature of a new method of doing business or a new idea does not lend itself to effective trademark, copyright or patent protection. It may still be possible to provide some protection for these ideas through contract or trade secret law. The formula used for the Coca-Cola brand soft drink is a classic example of a successful trade secret with a long life. Unlike patent, trademark, and copyright law, the law relating to contracts and trade secrets is based on state law and may differ from state to state.

Trade secrets are generally defined as proprietary or confidential information used in a business. Trade secrets must have commercial value or provide a competitive edge. Examples of trade secrets include customer or supplier lists, marketing plans, formulas for compositions (soft drinks), and manufacturing processes. In order to qualify for trade secret protection, the subject must be sufficiently secret so that the use of improper means is necessary for competitors to obtain it.

A common way for businesses to establish rights to a trade secret is by entering into agreements requiring signing parties to be bound to maintain confidentiality. Many entrepreneurs and businesses are familiar with non-disclosure or confidentiality agreements. A non-disclosure agreement can be used by businesses that enter into arrangements with suppliers, vendors, sub-contractors, employees, and even customers that may require them to reveal important components of their technology or business methods. Unfortunately, a non-disclosure agreement provides no protection to a company against a competitor who is not a signatory to the agreement and who independently creates a competing product. Such protection can only secured by filing a patent application.

An owner of a trade secret that believes that confidential information has been wrongfully used or disclosed can bring suit against the offending party and obtain an injunction preventing further disclosure and damages. Depending upon the jurisdiction, the case may be brought in either state court or federal court and can be based on contract law and tort principles. It is not unusual to have other claims asserted such as unfair competition and misappropriation

Have Questions About Trade Secret Laws?

If you have any questions about Trade Secret Laws or would like to speak to a patent attorney about your particular situation, please do not hesitate to call our office.
Call Us At 954-908-6291

The first hundred years of American economic history were structured around a quest to create the largest, most cost-effective agricultural and farming operations. The instruments of economic growth were considered to consist solely of land, labor, and capital. The second century brought about the industrial revolution and our focus changed to factory production, automation, and efficiency. Today, we are in the information age and our knowledge-based economy thrives on the influx of innovation and creativity. The currency of today is new ideas-and that currency is enhanced and exchanged by creating strong business and product brand identities.

The legal protection of intellectual property and capital such as new inventions, successful business methods, and brand identities is replacing land, manufacturing facilities, and other physical assets as the predominant instruments of wealth creation. With lower structural barriers to competition, maintaining a competitive edge in an “idea economy” requires effectively guarding your intellectual property through patent, trademark, and copyright law. At John Rizvi, P.A., our practice is limited to intellectual property matters. We are The Idea Attorneys®

Being First Is No Longer Enough

Traditionally, the first company to capitalize on a new idea enjoyed a lead-time advantage in setting manufacturing, marketing, and distribution channels in place. This head start often provided the originator of a new product or service with the opportunity to perfect commercial development of the idea, cultivate brand recognition, and begin building consumer loyalty.

It is prudent to capitalize on the first-to-market advantage. However, many inexperienced businesses and entrepreneurs fail to recognize that the advantages of being first are only temporary. Success is an open invitation to the competition. Without adequate legal protection of your intellectual property, it is only a matter of time before competitors will enter your market, steal your idea, and drive down prices.

Expected Lead Time Advantage

The amount of time an innovator has before competitors enter the field depends upon the nature of the new idea and the barriers to entry. Without patent protection for the technology or novel business methods developed, an innovator’s lead-time advantage is severely limited. For example, it may be possible for a competitor to reverse-engineer or copy an unprotected Internet-based business method within a matter of days. Traditional manufacturing-based inventions, on the other hand, may take longer to duplicate due to the need for special moldings, parts, machinery, and equipment.

In either case, the first-to-market advantage is short-lived. To make matters worse, competitors entering a market after the initial product release are often able to improve upon the original concept by studying the development and marketing mistakes made by the first-entrant in the field.

Strong Protection For Business Names and Brand Identities

The value of your brand, or its brand equity, continuously increases as your products or services gain recognition and consumer loyalty. Over 90% of Yahoo!’s market capitalization is based on their brand equity. Other companies including BMW, Nike, Apple, and Ikea all have brand equity valuations that exceed 70% of the company’s market value. Not surprisingly, the trademark rights to Coca-Cola have been valued at over $80 billion dollars. By obtaining adequate trademark protection on their brand identities, these companies can prevent others from using their mark without permission.

Inexperienced entrepreneurs often overlook the importance of properly securing trademark rights during the early stages of business development. Mistakes at these early stages of choosing and protecting names can be very costly.

Conclusion

In an idea-based competitive business environment, the potential success of a business lies to a great extent in its ability to secure exclusive rights to creative and innovative business methods and technology, and retain rights to its unique brand identity. As companies with similar technology and business methods compete to “outspend and under-price” each other, proprietary legal protection has become a necessity.

The recent slow-down in the venture funding environment is evidence of the realization that a great idea without any barriers to entry is an open invitation for competition. Today, savvy investors and venture capitalists are asking for start-ups to demonstrate an ability to maintain their competitive advantages. Being first in the market with a new idea and a unique business identity is an extraordinary accomplishment. It is important, however, to protect your intellectual property to prevent copycat competitors from stealing your innovative ideas.

Most entrepreneurs and established businesses are extremely sensitive to business risks and lost opportunities resulting from the actions of their competitors. When dealing with known or suspected business rivals, it is natural go into “high alert” mode in an effort to secure confidential business information such as customer and supplier lists, marketing ideas, advertising plans and budgets, and customer buying habits. Unfortunately, few steps are taken to prevent the competitive use or disclosure of information by those considered to be trusted “insiders” such as partners, employees, vendors, and sub-contractors. All businesses must protect their intellectual property.

One-third of all business failures are linked to losses resulting from theft by those in a trusted position. In addition to theft of physically tangible items such as cash, machinery, tools, and inventory, the fast-paced and competitive information age has seen a growing trend towards the theft of confidential information and business knowledge.

Today’s disgruntled employees are more capable than ever before of forming split-off start-up companies and competing with their former employers.

The success of many high-technology businesses is determined to a large extent on the ability to acquire, protect, and exploit new ideas. In a competitive business environment, it is surprising to find increasingly valuable ideas and proprietary knowledge being stockpiled in the minds of a mobile, independent, and relatively disloyal workforce. Protecting intellectual property requires that protective measures be taken to ensure that this knowledge is not improperly used. Today’s disgruntled employees are more capable than ever before of forming split-off start-up companies and competing with their former employers. Furthermore, job mobility is at an all-time high with senior management and even principals moving regularly as a way to take advantage of new opportunities and to advance their careers. In this contextual setting, it certainly is not difficult for confidential information to reach an established competitor through a former employee, partner, vendor, or sub-contractor.

At John Rizvi, P.A., we are The Idea Attorneys® and regularly assist companies in protecting their valuable ideas and confidential information through a variety of intellectual property doctrines. From a practical standpoint, it is our experience that courts are much more likely to be persuaded to grant an injunction and monetary relief for theft of confidential information by an inside party where the parties have clearly spelled out their understanding in a written document. As such, we counsel clients in the development of non-disclosure, non-compete, technology transfer and development, license, franchise, and distribution agreements.

If you would like to speak to an attorney about your particular situation, please do not hesitate to call our office.

The incredible pace of e-commerce is sending shock waves throughout the business and legal community. The value of intellectual property protection on the Internet is becoming clear as established companies find that they can no longer rely upon physical barriers to competition. Internet cyberlaw in Florida and other states is an important necessity for businesses of all sizes. Traditional barriers to entry such as real estate location, show room space, distribution channels, retail outlets, and years of market research no longer provide the insulation against new competition that they once did. Protection is provided through internet laws and internet copyright laws.

For the first time in history, newcomers to mature industries are immediately posing credible competitive risks. The overnight entry of Amazon.com into the mature and established book retailing industry has served as a wake-up call to business leaders everywhere to protect their innovations.

Patents are not just for “science” anymore but are increasingly used by banks, real estate firms, stockbrokers, insurance companies, and retailers to protect novel methods of doing business. Trademark registrations have reached a frenzied pace as the importance of brand recognition on the Internet is fully realized. Copyright laws are striving to adapt to a new medium where infringement is many times only a mouse-click away. Internet cyberlaw assists companies who are adopting traditional intellectual property doctrines and utilizing new developments such as domain name registration and administrative dispute resolution procedures to protect and stake-out propriety claims in cyberspace.

The Internet lawyers at John Rizvi and continue to concentrate in the area of intellectual property law both in traditional venues and on the Internet as the law races to keep pace with technology and e-commerce.

Being First is Only the Beginning

For technology-based companies, being the first one to market a new product or service offers incredible competitive advantages. Traditionally, the first company to capitalize on a new idea will enjoy a lead-time advantage in setting manufacturing, marketing, and distribution channels in place. This head start provides the originator of a new product or service with the opportunity to perfect commercial development of the idea, cultivate brand recognition, and begin building consumer loyalty.

Many Internet-based business methods and innovations may be reverse-engineered or copied within a matter of days…

Unfortunately, however, many inexperienced businesses and entrepreneurs fail to recognize that the advantages they have of being first been only temporary. Without adequate legal protection, it is only a matter of time before internet competitors will enter the market and drive down prices. How much time a new start-up has before competitors enter the field depends upon the nature of the new technology and the barriers to entry. For example, many Internet-based business methods and innovations may be reverse-engineered or copied within a matter of days. Traditional manufacturing-based inventions, on the other hand, may take longer to duplicate due to the need for special moldings, parts, machinery, and equipment. In either case, the first-to-market advantage is short-lived. To make matters worse, competitors entering a market after the initial product release are often able to improve upon the original concept by studying the development and marketing mistakes made by the first-entrant in the field.

Investors and venture capitalists are starting to realize that without legal protection, a new start-up with a great idea is sending an open invitation to competitors.

The ability of a start-up to obtain proprietary legal protection for its ideas has become a major concern to investment firms and venture capitalists as the Internet boom begins to level off. A year ago, the market may have been a little different. In the intense white-hot competition for Internet deals, inexperienced investors were willing to overlook weak intellectual property assets. Not anymore. Dot-com bankruptcies will continue to rise as companies with similar technology and business methods compete to “outspend and underprice” each other. Investors and venture capitalists are starting to realize that a great idea without any barriers to entry is an open invitation for competition.

Today, start-ups are being asked to demonstrate an ability to maintain their competitive advantages. Being first in the market with an innovative new business method, product, or service is great. But you must prevent others from duplicating it. This is done through a variety of legal doctrines including patents, trademarks, copyrights, trade secrets, and contractual agreements.

Patent Protection

It should be expected that a development as radical as the Internet would spark a patenting explosion. The boom in Internet-related, software, and business method patents has certainly not been without controversy. Some argue that many of the new patents on these innovations are too broad in scope and should be invalidated. Others have lost confidence in the U.S. Patent and Trademark Office’s ability to properly evaluate software and Internet-related innovations. For high-tech companies, applying for patent protection simply makes good business sense. It is not unusual in technically crowded fields for businesses to protect improvements in known devices with a broad array of patent protection. These multiple patents can be used to leverage negotiations and often lead to cross-licensing arrangements between rivals in the same field.

In the information age, patents are clearly the most sought after way to protect new technological innovations. In its simplest form, a patent is a monopoly granted by the United States Government to an inventor to enable the inventor to exploit his creativity. A patent permits an inventor to exclude others from making, using, selling, or importing an invention throughout the United States without the inventor’s permission. By providing inventors with the security that they will enjoy the fruits of their hard work and ingenuity, patents encourage innovation.

There are different types of patents available in the United States: utility patents, design patents, and a plant patents. A utility patent protects the function of an invention and has a term of 20 years from the date of filing. Design patents, on the other hand, only protect the overall appearance of an invention and have a term of 14 years from the date of issuance. A plant that an inventor has produced asexually (without seeds) may be protected by filing a plant patent. Plant patents have a term of 20 years from the date of filing.

There are certain deadlines, which an inventor must meet in order to avoid the loss of patent rights. One of these is that in the United States an inventor must file a patent application with the United States Patent and Trademark Office within one year of the first date on which the invention was offered for sale or made public. Failure to do so will result in a loss of all patent rights. Entrepreneurs should be careful in revealing a new innovation or business method to a venture capitalist without adequate legal protection. The terms “offer for sale” and “public disclosure” are interpreted broadly and encompass a wide variety of fact patterns. In many foreign countries, patent rights are lost once a public disclosure or offer to sell an invention is made.

Trademark Protection

Establishing a business identity on the Internet has taken on a feverish pace as e-commerce businesses struggle to build and develop consumer loyalty and brand recognition. The importance of building brand identity will become even more pivotal as the online landscape thickens. In cyberspace, adequate trademark protection for a business or its products or services is simply indispensable. Inexperienced entrepreneurs often overlook the importance of properly securing these rights in the start-up phase of their business. Mistakes at these early stages of choosing and protecting names can be very costly. A trademark is a word, logo, design, or even a combination of these. A service mark is similar to a trademark except that it is used to express the origin of services. Trademarks and service marks are used to identify a business or its products or services. Consumers identify trademarks with a particular quality of goods or services. They continuously increase in value as the products or services they represent gain brand recognition and consumer loyalty.

The interaction between trademarks and domain names has created a minefield of potential dangers to businesses. Without proper trademark protection, a company’s reputation and goodwill can be “kidnapped” by cybersquatters. A cybersquatter is an individual or business that registers a domain name on the web with the intention of ransoming it for sale. A company with proper trademark protection is safeguarded against from cybersquatters by the Anticybersquatting Consumer Protection Act, which became law in 11/1/1999. Obtaining a trademark on your company’s name or products helps provide quick and effective recourse to your marks in the event that someone tries to hold your company or product name hostage. A trademark not only prevents others from using an exact duplicate of your registered mark, but also prevents the use of confusingly similar marks.

Before launching a new product or service, it is important to undertake a comprehensive trademark search and obtain a clearance for your mark. Inexperienced Internet entrepreneurs have invested considerable sums of time and money promoting a new web-based business only to have their marketing efforts made useless because their mark was already in use by another company.

Copyright Protection and Internet Copyright Laws

Important components of high-technology businesses may lend themselves to copyright protection. A copyright protects the original expression of an idea, whether literary, artistic, commercial or otherwise. It is used to protect original works of authorship that are fixed in a tangible medium of expression. Some examples of original works that may be protected with a copyright include books, sales brochures, advertising, instruction manuals, architectural and engineering drawings, pictures, photographs, paintings, graphical images, web-site designs, computer software, music, and sound recordings. Copyright protection generally lasts for 70 years after the author’s death.

Under current law, copyright protection attaches to a work whether the copyright owner registers the work with the U.S. Copyright Office. However, registration is required before an infringement lawsuit can be filed. Also, registering a copyright within three months of the work’s first publication entitles the owner to statutory damages and attorney fees in an infringement action. Copyright registration is inexpensive and it is advisable to register any work believed to be of value.

The owner of a copyrighted work has the exclusive right to reproduce the work, prepare derivative works based upon the work, distribute copies of the work to the public, perform the work publicly, and display the work publicly. One significant disadvantage of copyright protection, however, is that “independent creation” is a valid defense to an infringement action. In other words, a defendant can avoid liability as long as he or she can show that they did not copy from the earlier work.

Trade Secrets and Contractual Agreements

Sometimes the nature of a new method of doing business or a new idea does not lend itself to effective patent, trademark, or copyright protection. It may still be possible to provide some protection for these ideas through contract or trade secret law. Unlike patent, trademark, and copyright law, the law relating to contracts and trade secrets is based on state law and may differ from state to state.

Trade secrets are generally defined as proprietary or confidential information used in a business. Trade secrets must have commercial value or provide a competitive edge. Examples of trade secrets include customer or supplier lists, marketing plans, formulas for compositions (soft drinks), and manufacturing processes. In order to qualify for trade secret protection, the subject must be sufficiently secret so that the use of improper means is necessary for competitors to obtain it.

A common way for businesses to establish rights to a trade secret is by entering into agreements requiring signing parties to be bound to maintain confidentiality. Many entrepreneurs and businesses are familiar with non-disclosure or confidentiality agreements. A non-disclosure agreement can be used by high-tech businesses that enter into arrangements with suppliers, vendors, sub-contractors, employees, and even customers that may require them to reveal important components of their technology or business methods. Unfortunately, a non-disclosure agreement provides no protection to a company against a competitor who is not a signatory to the agreement and who independently creates a competing product. Such protection can only secured by filing a patent application.

Conclusion

In today’s hyper-competitive business environment, the potential valuation of a business lies to a great extent in its ability to capitalize upon its creativity and innovation. In many cases, the greatest assets of a new venture may very well be its new ideas. The value of new ideas, however, comes from transforming them into practical and useful products and obtaining legal protection to prevent others from infringing on your market. Our expertise in internet cyberlaw can help! Success is an open invitation to the competition. And without legal protection for their new innovations, today’s successful businesses and aspiring entrepreneurs are finding that being first is only the beginning.

If you have any questions concerning our Internet Lawyer services, call us today

Unfair competition law encompasses a variety of types of commercial or business conduct including acts of trademark and trade dress infringement, false advertising, dilution, and trade secret theft. Unlike other areas of intellectual property protection, such as patent and copyright law, unfair competition claims are not pre-empted by federal law and may involve both federal and state causes of action. The purpose of unfair competition doctrines is to protect consumers and competitors from deceptive or unethical conduct in commerce. The typical unfair competition situation exists, for example, when a business represents its goods or services in a manner that buyers confuse the particular goods or services with those offered by another business. Such claims may cover a myriad of potential items including unique and distinctive symbols, logos, methods of packaging, slogans, business names, “trade dress”, advertising campaigns, and unusual titles.

If you have an existing product or service that you find has been copied or pirated, unfair competition laws may help in obtaining relief in the event that other intellectual property protection is not available such as patents, trademarks, and copyrights. Where a judge finds that a business has engaged in unfair competition, he or she can issue an injunction prohibiting them from further activity and order them to pay monetary compensation to the injured party.

If you would like to speak to a Florida patent attorney about your particular situation, please do not hesitate to call our office.