July 28th, 2010 by admin

When it is the intellectual property issue interfering in your millions worth business think again! Your creative works are in danger, so your business profits are. Be aware of patent violation or infringement issues that most of the businesses are struggling with.

Don’t succumb to the situation. If you are dealing with similar trauma, you have the option to go to the federal court, initiate the lawsuit, seek a warning order and stop further violation of offenders. Until your case is resolved you can seize and confiscate the infringed articles if possible prior to the court decisions.

Moreover an infringer is always liable to pay for actual damages, statutory damages and additional benefits too. State law regulation can held the violator responsible for personal injury damages to business reputation and profits. You can also avail the attorney costs and awards as a obligatory compensation.

Now once you succeed to obtain a patent for your business, next task would be to know the duration of your patent application. As of now in the United States patents are granted for 20 years from the date of application and 14 years for design patents. It can be extended but against special congress act only. After the patent terms expires you as a patent holder wont’ have any control on this property and anyone can take an advantage of the invention without your permission.

This is the very same reason why patent attorneys are in high demand. Through out the US they are with well networked law firms and have huge market share among other practice areas of law. For example in Florida, you will get to see them operational in major locations like Orlando, Tampa, Jacksonville, Melbourne, Miami etc. Obviously a patent application pertaining to Melbourne can effectively be handled by a Melbourne patent attorney than someone from a different land.

It’s your business, so better prepared with every nitty- gritty of a good patent lawyer and the law basics.

July 28th, 2010 by admin

It is well accepted, medical technology market is dominated by US companies. But as the number of intellectual property services being offered to Australian medical device companies is mounting up, it won’t be wrong if we conclude Australians are also competing on the World stage.

In this study we are going to explore how Australian medical technology filing data and records are showing their growth pattern in medical technology market.

2003-2009, around 18,000 medical technology patents were filed in Australia. Patents were filed in those targeted areas where Australian companies are competitive on a global framework. After pharmaceutical and cosmetic patent applications medical technology is the popular aspect for patenting.

Many medical device companies will have their own specializing team of Melbourne Patent Attorney and IP lawyers protecting, managing, enforcing and commercializing client’s innovation in highly sophisticated and competitive health care industries. They develop effective patent strategies and may forecast the opportunities, most often ignored by established players even in this field.

There are some vital statistics to be familiar with. Till 2007, there were 3500 medical device companies in Australia with more than 70 listed in Australian Stock Exchange. Market capitalization was $12.4 billion, and the turnover was more than $6 billion.

Researchers have found the ways to obtain patent application data. Australian patent database for medical technology applications (2003-09) was applied using UK Office of Science and Technology (OST) patent classification scheme. The analysis was done based on response from patent owner, country of origin, state of origin for Australian applicants, International patent Classification (IPC) sub-area code.

The research results were waving the leadership flag for Australia. There are both Australian as well as foreign applicants filing patents in Australia. To name a few leading applicants (2003-2009) there were Johnson and Johnson, Covidien, Medtronic, Kimberly Clark etc.

Here originates the unparalleled demand of patent attorneys in Australia.

June 28th, 2010 by admin

No one has the right to take away the credit for your invention and such an act is deemed to be illegal. However, the legalities come into play only when you have patented your product.  There is great competition in all spheres of business and you need to ensure the fact that you have exclusive rights over your brand of product or service, so that no other business entity can claim its ownership.

A patent is defined as a legal document which offers sole ownership to a particular process or a product. Your product is the mainstay of your business and applying for a patent for your product would secure your product from being manufactured, sold, imported, licensed and assigned by any of your competitors.

There are things that need to be included in the patent document and there is a standard format for its creation. The constituents of a patent include a detailed history of the invention, a synopsis of the invention followed by a detailed description of the product along with CLAIMS, drawings and abstract of the invention.

A patent attorney offers legal representation in cases where the manufacturer of a product or a service provider needs to obtain a patent on the same. You can solicit the help of a patent attorney in case your patent rights have been violated.

In the USA, the federal government issues a patent to one who has made an application through the United States Patent Office. There are three distinct forms of patents. These include the design patent, a utility patent and a plant patent. As per Article I, Section 8, Clause 8 of the United States Constitution, the Congress has the right to issue patents. The Intellectual Property Clause is regarded as a “qualified grant of power” and therefore the powers to exercise these are limited. As a resident of Philadelphia, you can seek the help of a Philadelphia patent attorney to guide you in acquiring a patent for your product or fighting a case if the patent rights of your product are violated.