FAQs

General

  • Intellectual Property (IP) includes four major categories: patents, trademarks, copyright, and trade secrets. The simplified purpose of IP is to stop copycats from benefiting from someone else’s work. For patents and trade secrets, there’s the additional purpose of encouraging investment in research and development (R&D).

    See the next two FAQ sections for more information related to patents and trademarks. Note: IP laws can vary significantly across different countries.

  • A copyright gives the copyright owner the right to exclude others from copying and using an original work of authorship, such as books, music, artwork, and computer code.

  • Copyright laws are for protecting the use and distribution of creative and expressive works. The main goal of copyright law is to protect the expression of ideas, thereby supporting creative endeavors.

  • For proper copyright notice, include all the following on the creative work:

    • The word “copyright” or the symbol ©,

    • The year the work was first published, and

    • The full name (individual or company) of the owner.

  • A trade secret is a confidential product, device, technique, method, list, or other document which is commercially valuable. The information must be secret, have commercial value, and have been subject to reasonable steps to keep it secret.

  • To keep a trade secret, its secrecy must be maintained. It’s also best to document it fully and mark descriptive materials as confidential.

  • The classic example of a trade secret is the Coca-Cola formula which is locked in a vault, illustrating the lengths to which some companies will go to protect their valuable secrets!

  • Yes, MLO supports clients across all areas of Intellectual Property to manage and protect their IP portfolios. We encourage you to get in touch with us for a personalized consultation on how we can assist with your IP needs.

  • The acronym MLO is more than just a name; it reflects our commitment to being “my law office” for each of our clients. We prioritize accessibility and a client-first approach, ensuring that we're not just your legal advisors but trusted partners who put your company's needs at the forefront.

  • MLO was founded in 2006.

  • Everything except biotech and chemical structures.  Most of MLO clients have hardware and software technologies including semiconductor, medical devices/systems, telecom/datacom, 3D printing and lighting.

  • No, MLO handles everything except litigation including building IP portfolios, freedom-to-operate, due diligence and litigation prep work like claim charts.  MLO is also available to recommend litigation counsel and negotiate the team and budget with litigation counsel.

  • At MLO, we leverage AI tools to enhance our service delivery, using publicly available AI for general information and analysis. When it comes to handling confidential information, we employ highly secure, subscription-based AI tools. These advanced solutions ensure that our work is both efficient and precise, while strictly maintaining the confidentiality and security of your information. Rest assured, your sensitive data is never shared and is protected with the utmost care.

  • When launching a new company, it’s critical to consider how to protect your Intellectual Property. Start by conducting an IP audit to identify assets that need protection. For detailed guidance, check out the MLO IP audit list via this link.

  • At MLO, we're committed to delivering exceptional value through financial transparency and competitive pricing. Our billing practices, including not-to-exceed caps and flat rates, are designed to align with industry averages while ensuring our clients receive clear, upfront cost estimates. This approach allows us to offer superior intellectual property services at rates that respect your budget and financial planning needs.

  • MLO works with clients to protect a wide range of intellectual property (IP), tailoring strategies to fit your business goals and the type of asset you’ve created. In general, intellectual property falls into several key categories, each designed to protect different aspects of innovation, creativity, and brand identity.

    Patents (Utility & Design)
    We help protect inventions and product innovations. Utility patents cover how something works—such as systems, methods, or technology—while design patents protect the unique visual appearance of a product.

    Trademarks
    We assist in protecting your brand identity, including names, logos, slogans, and other elements that distinguish your business in the marketplace.

    Copyrights
    We help safeguard original works of authorship, such as software, written content, graphics, and other creative materials.

    Trade Secrets
    We advise on protecting valuable confidential information—like algorithms, processes, customer data, and business strategies—through practical and legal safeguards.

    Related & Overlapping Protection
    Many innovations benefit from a combination of protections. For example, a single product may involve patented technology, trademarked branding, copyrighted content, and trade secret know-how. We help identify the right mix to support both immediate protection and long-term business value.

    If you’re unsure which type of protection applies, MLO can evaluate your assets and recommend a strategy aligned with your company’s growth and risk profile.


Trademarks

  • A trademark is a distinctive sign or symbol that an individual, business, or legal entity uses to identify and distinguish their products or services from those of others in the marketplace. This can include names, logos, slogans, and even specific colors, sounds, or packaging designs. Trademarks play a crucial role in branding, enabling consumers to recognize the source of a product or service at a glance. By legally protecting a trademark, you secure exclusive rights to its use in connection with your goods or services, helping to prevent confusion, imitation, or infringement by competitors.

  • Consulting a trademark attorney is a crucial step for anyone investing significantly in a brand, especially if you aim to minimize the risk of legal challenges, such as cease-and-desist letters, or the potential need for a costly rebranding. A trademark attorney plays a vital role in the trademark clearance process, assessing whether your chosen trademarks are available for use and registration, thereby avoiding conflicts with existing trademarks and increasing your likelihood of successful registration. This proactive approach not only protects your investment but also secures a solid foundation for your brand's identity and future growth.

  • When launching your company, establishing and protecting your brand identity is as crucial as the products or services you offer. Trademarks—your company's name, logo, and other brand markers—are key assets that differentiate your business in the marketplace. To get started on the right foot, we've created a comprehensive IP audit tailored for new companies. This resource will guide you through the steps to identify and protect your valuable IP assets comprehensively.

  • Yes, there are many advantages to trademark registration, including the following:

    • The right to use your trademark nationwide with constructive notice to others,

    • Registration deters others from using your trademarks,

    • The ability to file a lawsuit in Federal Court for infringement with the possibility of treble (3x) damages,

    • After five years, your trademark can become “incontestable”,

    • You can enlist aid from the US Customs Service to stop counterfeiting imports,

    • You can prevent cyber-squatters from using your trademark as a domain name,

    • You may need registration to sell on Amazon.com,

    • You gain a valuable asset that can be valued, licensed, and sold.

  • Trademarks filed and registered by MLO usually cost about $3,000 to $8,000 per country.

    • Find 2-3 marks that you like (with an available domain name) and have your main contender cleared by a trademark attorney. Side note - we see many company-name/ trademark changes that could be avoided with early trademark clearance.

    • Once you find a mark that’s clear, file a US Trademark application and run with it (intent-to-use is enough for filing).

    • Be sure to use your trademark with the little TM and a common generic term – for example: Merlin™ solar panels.

    • When you consistently use a single trademark, you build brand value and protect your brand investment.

  • Absolutely! MLO's reach in protecting intellectual property extends beyond the US borders, offering trademark services worldwide. Leveraging our extensive network of seasoned trademark professionals in various countries, we ensure that your brand receives the protection it needs, wherever your business takes you. By working closely with our international partners, we align global trademark strategies with our high standards, facilitating effective and comprehensive brand protection on a global scale.

Patents

  • A patent grants the owner exclusive rights to prevent others from making, using, selling, or distributing the invention covered by the issued claims without permission. It's important to understand that while a patent allows you to exclude others from exploiting your invention, it doesn't automatically grant you the right to use your invention if it infringes on someone else's patent. Essentially, a patent protects your innovation by giving you control over its use in the marketplace for a certain period, typically up to 20 years from the filing date in the US.

  • There are three primary types of patents issued by the U.S. Patent and Trademark Office (USPTO):

    1. Utility Patents: The most common type, utility patents are granted for new inventions or functional improvements on existing inventions, including processes, machines, manufacturing techniques, or compositions of matter.

    2. Design Patents: These protect the unique visual qualities of a manufactured item, focusing on the ornamental design, shape, or surface of an item rather than its functionality.

    3. Plant Patents: Granted for the invention or discovery and asexual reproduction of a new and distinct variety of plant, excluding tuber-propagated plants.

    Each type of patent provides protection in different ways, tailored to the nature of your invention or discovery.

  • A US utility patent is granted for the invention or significant improvement of a new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof. US patents provide the patent holder exclusive rights to prevent others from making, using, selling, or importing the invention for a period of up to 20 years from the filing date, subject to the payment of maintenance fees. Utility patents are essential for protecting functional aspects of inventions, ensuring inventors can capitalize on their innovative work.

  • A US design patent protects the ornamental design of a functional item, including the shape, surface decoration, or configuration of the product. This type of patent ensures that the unique visual appearance of a product is safeguarded against copying and unauthorized use. US Design patents are valid for 15 years from the date of grant and do not require the payment of maintenance fees. They are invaluable for protecting the aesthetic aspects of inventions, from consumer electronics to fashion items, ensuring the creator's originality is legally recognized and protected.

  • Deciding to consult a patent attorney is a critical step in protecting your innovation. If your invention offers a novel solution or improvement—whether it's more effective, efficient, affordable, or faster than what's currently available—or if you've addressed a challenge that hasn't been solved before, it's time to seek professional advice. A patent attorney can help evaluate the patentability of your invention, navigate the complex patent application process, and ensure your intellectual property is properly secured.

  • Starting a new company is an exciting venture, and safeguarding your intellectual property (IP) should be at the top of your priority list. Protecting your IP is crucial for maintaining competitive advantage, securing investment, and ensuring your innovations are safeguarded against infringement. To get started on the right foot, we've created a comprehensive IP audit checklist tailored for new companies. This resource will guide you through the steps to identify and protect your valuable IP assets comprehensively.

  • To qualify for patent protection, an invention must meet three fundamental criteria in the United States:

    • Novelty: The invention must be new, meaning it cannot be part of the existing body of public knowledge.

    • Non-Obviousness: It must represent a non-obvious step forward in its field, not easily deducible by someone with ordinary skill in that technical field.

    • Utility: The invention must be useful, providing a tangible benefit or solving a specific problem.

    In the United States, the threshold for technological advancement isn't necessarily high, opening the door to a wide range of innovations. While patenting software presents its own set of challenges due to its abstract nature, securing a patent is very much achievable with the right approach and guidance.

  • Filing a patent is a strategic move for any innovator or company, offering numerous benefits:

    • Protects R&D Investments: Secures the results of your research and development, ensuring competitors cannot copy your innovations.

    • Ensures Design Freedom and Defense: Allows you to develop your product freely while defending against infringement claims from others.

    • Safeguards Market Share: Prevents competitors from entering the market with the same or similar products, helping you maintain a competitive edge.

    • Generates Licensing Revenue: Opens opportunities for licensing agreements, turning your IP into a revenue stream.

    • Builds Company Assets: Adds valuable property to your company's portfolio, enhancing overall business valuation.

    • Meets Investor Expectations: Demonstrates to potential investors your commitment to innovation and legal protection of your assets.

    • Enhances Brand Value: The use of “Patented” or “Patent Pending” in marketing materials can significantly boost your product's market perception, appealing to consumers who value innovation and authenticity.

    By securing a patent, you not only protect your tangible investments but also enhance your brand's market position and appeal to both investors and consumers.

  • Patents filed and prosecuted by MLO usually cost about $20,000 to $50,000 to get to issuance.

  • Securing a patent involves a detailed and complex process to meet the stringent requirements of worldwide Patent Offices. This process includes:

    • Drafting Precise Claims: The claims defining your invention need to be meticulously crafted to ensure they cover the invention comprehensively while also being non-obvious to those in your technical field.

    • Negotiations with the Patent Examiner: It's common to engage in several rounds of communication with the Patent Examiner, refining your application to address any concerns or objections.

    • Potential Appeals: In some cases, to secure patent issuance, we may need to file an appeal, further extending the examination process.

    The cumulative professional hours spent on these activities contribute significantly to the overall cost of obtaining a patent. These steps are crucial in securing the broadest possible protection for your innovation, ensuring that your investment in the patent process is well-justified.

    For more information, check out the MLO Patent Path via this link.

  • Yes, MLO extends its intellectual property protection services globally through a carefully curated network of expert foreign associates. This allows us to seamlessly manage and secure patents in numerous jurisdictions outside of the US, ensuring our clients receive comprehensive international patent coverage. Our collaborative approach with foreign associates combines local expertise with MLO’s standards of excellence, offering a cohesive strategy for your global IP needs.

  • MLO patent professionals specialize in the engineering, materials, and software fields. Our technical expertise includes medical devices, medical systems, software, semiconductors, manufacturing equipment, solar energy, lighting, 3D printing, toys, and much more.

  • Conducting a search for existing patents can be a double-edged sword. Awareness of a patent can potentially expose you to allegations of willful infringement, which might result in damages up to three times the normal amount, in addition to attorney fees and court costs. Consequently, some companies choose to adopt a policy against searching for third-party patents. However, understanding the landscape of existing patents can be crucial for navigating your own patent strategy effectively. It's therefore advisable to consult with a patent attorney who can help weigh the benefits and risks of patent searches and guide you through the process with an informed strategy and legal insight.

    • Invention Disclosure Form review

    • Conference with inventor to confirm search concepts/ focus of patentability search (if needed)

    • Summary of prior art provided to inventor

    • Conference with inventor (and business owner/representative if available)

    • Review search report and discuss possible claim elements and likelihood of success in US Patent Office

      • Discuss pros and cons of (i) filing as provisional or utility patent application (possible expediting), or (ii) stopping process with no filing (save budget for other projects)

      • If filing, discuss list of additional technical information for the patent application

    • Draft of patent application provided by target date (internal review by a 2nd attorney/agent within MLO)

    • Inventor feedback incorporated and follow-up conference as needed

    • Filing of application preferably with all signed documents

    For additional information, please download the MLO Patent Process here (Link to https://www.mlo-ip.com/resources/mlo-patent-process)

Disclaimer

The information provided in this FAQs (Frequently Asked Questions) is for general informational purposes only and should not be construed as legal advice. The content provided herein is not intended to create an attorney-client relationship between the reader and any individual or entity mentioned. While we strive to keep the information accurate and up-to-date, laws and regulations vary by jurisdiction and may change over time, and the application of legal principles can vary based on individual circumstances. Therefore, readers are encouraged to seek professional legal advice tailored to their specific situation before taking any action based on the information provided in this FAQ.