Florida Intellectual Property Lawyer with National and International Reach

Attention Inventors, Engineers and Business Owners!

Patents, trademarks, copyrights and trade secrets are four areas of intellectual property law protecting proprietary subject matter. Patenting an invention at the U.S. Patent and Trademark Office (USPTO) gives the patent owner the exclusive right to exclude others from making, using and selling the patented invention over a specified period of time. Registering a word, logo, color or sound on the federal register at the USPTO grants a trademark owner the right to exclude others from using a similar mark that is likely to cause confusion. Copyright protection is administered by the U.S. Copyright Office (USCO) and exists in original works of authorship fixed in a tangible medium of expression.

Copyrights give the holder some exclusive rights to control some reproduction of works of authorship such as music, literary works, paintings, movies and sculptures for a certain period of time.

Patents give the holder an exclusive right to prevent third parties from commercially exploiting an invention for a certain period.

Trademarks are distinctive names, phrases, brand names, logos, sounds or colors used to identify products to consumers.

Trade secrets may be secret proprietary information which gives a company a commercial advantage over others.

While no one can guarantee the grant of intellectual property rights, selecting an experienced intellectual property lawyer can make a substantial difference to properly protect your proprietary subject matter. Mr. Najafi is an intellectual property attorney with more than a decade of intellectual property experience. He has helped inventors and corporations acquire and license their intellectual property rights in the United States and abroad. We invite you to call or email and schedule a free initial consultation with Mr. Najafi. Confidentiality is guaranteed.

How to Protect Your Innovation

Hire a lawyer

Whether you are an established business or a novice independent inventor, you should take the necessary steps to protect your intellectual property before a competitor misappropriates it. Generally speaking, patents, trademarks, copyrights and trade secrets allow you to protect your intellectual property and maintain a competitive commercial advantage over competitors. The USPTO and USCO grant federal rights for intellectual property, which can be enforced to seek declaratory, injunctive and monetary relief via the U.S. court system. Intellectual property rights granted via a U.S. federal agency are restricted to U.S. territories and cannot be enforced in foreign territories. Each foreign territory has separate intellectual property laws that govern how intellectual property rights can be obtained and enforced. Therefore, if you believe you will have a business presence in a foreign territory, you should discuss your business goals with an intellectual property attorney. After discussing your specific facts and business goals, the attorney can help you determine whether foreign intellectual property protection is proper for your situation. Time is of the essence when applying for intellectual property protection. Procrastination may negatively affect your ability to properly protect your intellectual property.

The scope of Mr. Najafi's intellectual property practice encompasses the acquisition, enforcement and maintenance of intellectual property rights. Mr. Najafi is an intellectual property attorney who has an engineering background and almost a decade of experience with copyright, trademark and patent matters. His technical and legal insight can be invaluable as you plan to protect your idea in both domestic and foreign territories.

 

Submit your intellectual property to the appropriate federal agency

If you have conceived of a new invention, mark and/or original work, it is important to act diligently and not procrastinate. Time is of the essence when applying for intellectual property protection. Procrastination may negatively affect the ability to properly protect your intellectual property.

Mr. Najafi is an intellectual property attorney who can guide you through the legal steps for acquiring, enforcing and maintaining patent, trademark and copyright protection. For example, this law firm may help you with:

  • Conducting a preliminary patent, trademark and/or copyright search
  • Preparing and filing an appropriate patent, trademark and/or copyright application covering your invention, mark and/or original work
  • Negotiating favorable licensing terms with a third-party licensee
  • Negotiating favorable assignment terms with a third-party assignee
  • Preparing and sending cease-and-desist letters to third-party infringers
 

Develop a 3D virtual or physical prototype

At the Law Office of Ashkan Najafi, P.A., Mr. Najafi understands most inventors need to be entrepreneurs to maximize a revenue stream from their intellectual property. He can help you create a 3D virtual prototype of your invention. A 3D virtual prototype is less expensive than a physical working prototype and helps a third party to learn about the novel features of an invention. If you want to obtain a physical working prototype, Mr. Najafi can refer you to a prototype developer for assistance. This multi-faceted approach helps his clients bring their ideas to life during the invention cycle.

 

Market your idea to interested parties

Very few inventions are pioneering inventions. Most inventions are minor improvements to existing technology. For example, your invention may overcome a specific shortcoming of conventional products, but unless you market your invention to interested parties, your idea may never turn a profit. Generally speaking, you can make money from your intellectual property in three ways: (1) licensing the invention to a third party, (2) manufacturing and selling the invention yourself, or (3) selling your invention to a third party. Choosing the right option requires careful consideration of your true business goals, financial limitations, as well as time restrictions.

If you grant non-exclusive licenses for your patent, trademark or copyright, you can earn income through royalty streams for a predetermined time period. If you choose to directly manufacture/sell your invention, your income may be determined from your net profits. Assigning your intellectual property rights to a third party involves transferring all rights, title and interest of your intellectual property to a third party. Mr. Najafi has experience drafting and negotiating both licensing and assignment agreements for businesses and independent inventors. Mr. Najafi helps his clients sort through their legal options to achieve their true business goals in the following ways:

  • Negotiating favorable royalty rates and time periods
  • Negotiating favorable performance standards
  • Determining whether exclusive or non-exclusive rights are appropriate
  • Ensuring your intellectual property rights are adequately insured against third party liability claims

In addition, the USPTO publishes a notice in its Official Gazette that a patent is available for licensing or sale. There is a modest fee (currently $25) for this service, which provides visibility for patent owners.

 

Sample Published U.S. Patent Applications

U.S. Patent Application
Illuminable Tongue Depressor Assembly
Robert Lesko, Ponte Vedra Beach, FL
Pub No. 2007/0055112

U.S. Patent Application
System, Method and Apparatus for the Detection and Capturing of Technological Crime Instances
Elaine Lamontagne, Calgary, CA
Pub No. 20080189789

U.S. Patent Application
System and Method for Real-Time Electronic Inquiry, Delivery and Reporting of Credit Information
Shad Hedy, Jacksonville, FL
Pub No. 2004/0133521

U.S. Patent Application
Golf Swing Exercising/Training Apparatus and Associated Method
William Bailey, Forest Hill, MD
Pub No. 2010/0124998

U.S. Patent Application
Automated Vehicle Suspension System
Michael F. Hohmann, Commack, NY
Pub No. 2006/0173596

U.S. Patent Application
Automatic Flashing Brake Lights and Associated Method
Peter P. Kim, Fountain Valley, CA
Pub No. 2010/0066528

U.S. Patent Application
Drill Pipe Wiper System and Associated Method
Grant J. Frey, Edmonton, CA
Pub No. 2009/0014182

U.S. Patent Application
Combined Truck and Garbage Container Sanitizing System and Associated Method
Felix Vistro, Camarillo, CA
Pub No. 2008/0089764

 

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