Intellectual Property Legal Services | Au LLC
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Intellectual Property Legal Services

Intellectual Property Legal Services

Whether intellectual property (“IP”) assets are brought into an existing venture or created during the operation thereof, such assets are only as valuable as the extent to which they are secured and transacted. Our intellectual property legal services can generally be categorized by the type of asset at issue:

Patent

A patent can be described as a “negative” right; a patent does not confer to the owner any affirmative right to practice the patented invention. Rather, a patent allows the owner to prevent others from making, using, selling, offering to sell, or importing the invention. Per statute, patentable subject matter includes processes, machines, manufactures, or compositions of matter, though colloquially it may include business methods and software inventions, albeit with certain qualifications.

Patent OpinionsPatent Applications / ProsecutionDesign Patent Center

Trademark

Protected at both state and federal levels (e.g., the Lanham Act), trademarks distinguish your products and services from those of your competition and carry with them your business’ reputation. Trademarks are protectable only so long as they are actually used; thus the decision when and how to file, and pay for, state and federal registrations is a careful one.

Trademark SearchTrademark ApplicationTrademark Renewal

Copyright

Protected under federal law, a copyright classically protects “an original work of authorship fixed in a tangible medium of expression.” Obviously a major concern for artistic/creative types, copyright considerations arise in any context where third-parties (e.g., independent contractors) are being engaged to create work product.

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Trade Secret

Trade secrets are generally protected under state statutory law and are assets which, though generally falling out of the definitions of patent, copyright, and trademark-protectable material, are nonetheless valuable mostly because they are kept secret and work to the exclusive benefit of the asset holder. Not everything that is kept secret, however, qualifies as a “trade secret,” and the line between what is protectable under trade secret law and what is protectable by contractual confidentiality provisions is often blurry.

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