Introduction to IP

Hartman & Citrin is happy to speak with you to determine if you have any Intellectual Property that can and should be protected. In the meantime, below is a brief introduction to several areas of Intellectual Property that Hartman & Citrin can help you identify and protect. Feel free to contact us (details can be found here on our contact page) if you have any questions or would like to discuss your matters in more detail. Also, consider reading about our services, details of which can be found here on our services page.

Patents

A patent is a form of social contract.  An inventor discloses his or her invention to the public (represented by the Patent Office) and if the invention qualifies for protection (e.g., if the invention is new, nonobvious, useful, etc.), a patent can issue for the invention.  A patent can be used to stop others in the country that issues the patent from making, using, selling, offering for sale, or importing products that encompass that invention.  In some cases, foreign patents may be obtained in other countries. There are several types of patents:

i.          Utility patent:  A utility patent protects an invention, such as a machine, an article of manufacture (e.g., a hammer, chair, etc.), a composition of matter (e.g., chemical formula, drug, etc.), or a process. Utility patents can be used to cover software and/or software products including inventions directed to artificial intelligence, cloud computing, and the like. Utility patents can provide valuable protection for the way a product or good functions, and not for the appearance of the product or good unless that appearance is tied to the functions being protected.

ii.         Design patent:  A design patent protects the ornamental appearance of an article. Design patents can be used only to protect non-functional design aspects of an article and can provide valuable protection for various goods.

iii.        Plant patent:  A plant patent protects asexually propagated plants, e.g., those that are reproduced by means other than from seeds, such as by the rooting of cuttings, by layering, budding, grafting, inarching, etc. 

A prototype is not required to prepare and file a patent application. Hartman & Citrin also can help create drawings that illustrate your invention and/or help through the process of identifying alternatives and capturing such alternatives in a patent application. Hartman & Citrin also can assist with patentability searches and patent opinions.

If you think you have an idea that may qualify for a patent, contact Hartman & Citrin and we can help you determine if that is the case.

Trademarks

A trademark is a brand or name that identifies the source or origin of goods or services. Typically, a trademark is associated with good will that already exists or is expected to be developed when the trademark is used with the product or service.  When you launch a company that sells goods or services, your company name can be protected as a trademark as long as the company name does not create confusion in the marketplace regarding the source of goods or services (e.g., as long as no other company is using a confusingly similar name for related goods or services). Similarly, trademarks can protect names given to products or services themselves, even if your company operates under another name.

Hartman & Citrin can help you identify whether or not you have a trademark, if the trademark is likely available for use in the marketplace, and if the trademark can be protected. Hartman & Citrin also can help search for potentially conflicting trademarks and advise you regarding adopting and/or protecting your brand in light of other potentially conflicting brands.

Hartman & Citrin also can help determine the correct classes of goods and services and can help tailor a legally sound description of goods and services, all of which can affect the validity and breadth of any trademark protection that may be granted for your trademark.

Trade Secrets

A trade secret is a secret process, secret information, or the like, that may be used by a person or company.  Trade secrets can include recipes, customer lists, processes, and/or other information that is kept secret by a company or person.  In some instances, this information is used to give the company or person a competitive advantage. 

To qualify as a trade secret, the person or organization must show care to maintain the secrecy/confidentiality of a trade secret.  If someone learns the information without wrongfully obtaining it (e.g., by reverse engineering, lawful surveillance, or the like), the secret may no longer be a trade secret.  Unauthorized disclosure of a trade secret can result in liability of the discloser.  If there is time to prevent an unauthorized disclosure, such disclosure may be enjoined.

Hartman & Citrin can help you identify trade secrets and develop programs or processes for protecting your trade secrets.

Copyrights

A copyright can protect the form of expression of a work, such as a writing, drawing, musical composition, song, etc. Copyrights can also be used to protect various other works such as sculptures, boat designs, printed circuit boards, software code, art on product packaging, user manuals, and other works. Hartman & Citrin can help you identify works that may be protectable and can help you determine ownership issues relating to copyrights. Often, Hartman & Citrin suggests including copyright protection in addition to considering patent and/or trademark protection.

Contact Hartman & Citrin to discuss any or all of your intellectual property matters in more detail.