Parker Justiss, P.C. Parker Justiss, P.C. 2026-08-15T20:30:53Z https://www.pj-iplaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1503928/2023/01/cropped-PJ-site-favicon-32x32.png On Behalf of Parker Justiss, P.C. <![CDATA[How prototype manufacturing can lead to IP risk]]> https://www.pj-iplaw.com/?p=46716 2026-08-15T20:30:53Z 2026-08-15T20:30:53Z Prototype protection requires careful planning Offshore factories are notorious for taking a concept or design and then producing far more than the client organization actually ordered. They may retain seconds or substandard products. The goal is to develop a secondary retail channel, often on cut-rate websites. Manufacturers can theoretically sell products that have patent protection in the United States or patents pending at the time of prototype manufacturing. Depending on the location of the factory, holding the manufacturer accountable for violating a patent or a contract that promises non-disclosure and non-competition can be challenging. Proper contract inclusions, careful due diligence and prompt patent prosecution are all important. Business leaders concerned about protecting their intellectual property often find that the patent process and other elements of intellectual property protection are complex to effectively manage in-house. Retaining the services of a specialized patent and intellectual property attorney makes it easier for companies to select manufacturers with a good track record, negotiate contracts that protect them from violations and take action in cases where manufacturers use their access to prototype details to violate a client’s rights.]]> On Behalf of Parker Justiss, P.C. <![CDATA[What happens to a patent after the retraction of research?]]> https://www.pj-iplaw.com/?p=46715 2026-08-02T14:43:09Z 2026-08-02T14:43:09Z Patents can be vulnerable Generally speaking, the retraction or modification of a published research paper does not directly influence related patents. The United States Patent and Trademark Office (USPTO) does not automatically rescind a patent due to issues with research performed by an outside party. However, the USPTO may hear challenges and re-examination requests brought after the retraction of critical scientific documentation. Hundreds of current patents contain references to already retracted research. Issues with published research can provide the basis for others to question the validity of a patent in some cases. Therefore, those prosecuting patents often need to take great care to ensure that the patent can stand on its own regardless of the future of any research that may have inspired new technology, products or processes. Preparing to prosecute a patent based on cutting-edge research typically necessitates the insight and practical support of a lawyer with experience in intellectual property law. Working with outside counsel can make it far easier to better ensure that a patent stands on its own, regardless of the status of research associated with the development of new technology.]]> On Behalf of Parker Justiss, P.C. <![CDATA[Who can raise questions about patent validity?]]> https://www.pj-iplaw.com/?p=46714 2026-07-21T00:44:02Z 2026-07-21T00:44:02Z Anyone can question patent validity A patent reexamination can generate substantial legal fees and disrupt the monetization or licensing of a patented idea. Re-examinations sometimes draw media attention, especially when there is controversy regarding a specific patent. If the USPTO determines that granting the initial patent was a mistake, the consequences of that reexamination can be devastating for patent holders. Any party with credible information that raises questions about an existing patent’s validity can potentially initiate the ex-parte reexamination process. Frequently, the party requesting the examination is not a USPTO worker or someone associated with the company that holds the patent. They may be a competitor or a business leader in an adjacent field. Being ready to defend an existing patent is as important as preparing before prosecuting a patent initially. Understanding the basics of the patent reexamination process can help patent holders respond effectively when outside parties raise questions about the validity of their intellectual property protections.]]> On Behalf of Parker Justiss, P.C. <![CDATA[Can you legally protect an idea before it is fully developed?]]> https://www.pj-iplaw.com/?p=46713 2026-07-14T16:23:54Z 2026-07-14T16:23:54Z If you are working on a promising idea, you may be concerned about sharing it with third parties like investors, developers or potential business partners before you have the chance to develop it. Perhaps you’re worried that someone could use your concept, claim it as their own or move faster than you to bring it to market. Such concerns are valid, and understanding what legal protections may be available at this stage can help you move forward with greater confidence.

The challenge with protecting ideas

Having an idea does not automatically create intellectual property rights. The law doesn’t protect ideas in their abstract form. Legal protection is often tied to how the idea is developed, expressed or put into practice rather than the concept itself.   This means that simply thinking of an invention or business concept doesn’t confer exclusive legal rights. However, it doesn’t mean your hands are tied when it comes to safeguarding your innovation while it’s still taking shape. Here’s more on what you should know.

Confidentiality can be your first line of defense

One of the most effective ways to protect an undeveloped idea is through confidentiality agreements. If you need to discuss your concept with potential investors, contractors, developers or business partners, a properly drafted non-disclosure agreement (NDA) can help prevent unauthorized disclosure or use of confidential information.

Patent protection may begin earlier than you think

You don’t need to have a finished product to consider patent protection. If your invention is still a work in progress, a provisional patent application can help lay the groundwork for future patent protection while you continue developing the invention. This can be an important advantage, particularly if you are concerned about competitors.

Early legal guidance can go a long way

The period between an initial concept and a market-ready invention is often when intellectual property risks are greatest. Careful planning and taking proactive steps to protect your innovation during this stage can help reduce the risk of costly disputes later. Seeking professional legal support can help you understand your options, make informed decisions and position your idea for long-term success.]]> On Behalf of Parker Justiss, P.C. <![CDATA[What remedies are available in an intellectual property lawsuit?]]> https://www.pj-iplaw.com/?p=46712 2026-06-30T18:53:31Z 2026-06-30T18:53:31Z address the harm caused by IP infringement.

Court orders that stop ongoing infringement

Injunctive relief is one of the most immediate and powerful remedies in IP cases. If another party is using your trademark, copyrighted work, patent or trade secrets, you can ask the court to order them to stop. This can include both preliminary injunctions, issued early in the case to prevent further harm, and permanent injunctions after a final judgment.

Monetary damages

Depending on the circumstances, you may be able to recover compensation for the financial harm caused by the infringement, including lost sales, diminished business opportunities or other economic losses. In some cases, you may also be entitled to recover profits the infringing party earned through the unauthorized use of your intellectual property. In certain situations involving willful infringement, courts may award enhanced damages or other additional monetary relief to reflect the deliberate nature of the misconduct.

Additional remedies

Beyond stopping conduct and awarding money, courts can impose further corrective measures. These may include ordering the destruction of infringing goods, requiring the removal of unauthorized content or mandating corrective advertising to repair consumer confusion. Every IP case is different, and the right combination of remedies depends on your specific situation, the type of IP involved and the strength of your evidence. If your work has been infringed upon, seek legal guidance to understand your options and protect your interests.]]> On Behalf of Parker Justiss, P.C. <![CDATA[How is a patent different from a copyright?]]> https://www.pj-iplaw.com/?p=46711 2026-06-15T19:06:05Z 2026-06-15T19:06:05Z Patents and copyrights are two ways to protect your intellectual property. However, they work very differently and apply to different types of IP, so it is crucial that you understand which one you need. A patent is generally used for a technical invention. Someone may have invented a complex piece of machinery, a mechanical process, a pharmaceutical drug or a chemical composition. This is a unique, new development, and they patent it to ensure that they have the right to produce and sell it to consumers. They do have to demonstrate that it is a novel invention and that it has not already been patented by someone else.

What is a copyright?

A copyright is similar, but it generally applies to creative works, rather than technical inventions. These works can be literary, intellectual or artistic.  For instance, a musician is going to have a copyright on a song or an album that they wrote, while a novelist is going to copyright their published works and collections. They have not developed a new technology, but they have created a unique artistic product, and they do not want anyone else to be able to copy it, use it or profit from it without their express permission.

Protecting your intellectual property

Patents and copyrights are just two ways to protect intellectual property, and many companies also want to consider trademarks to protect words, phrases, logos, designs, color schemes and other identifying marks that prevent consumer confusion. No matter what type of IP protection you need, it can be helpful to work with an experienced attorney to protect your rights.  ]]> On Behalf of Parker Justiss, P.C. <![CDATA[Restaurant owners: Are you adequately protecting your IP?]]> https://www.pj-iplaw.com/?p=46710 2026-06-03T16:13:44Z 2026-06-03T16:13:44Z A restaurant’s name, branding, recipes, marketing materials and unique concepts may all carry significant value for a small business owner. Without proper legal protection, competitors may copy important parts of the business or create confusion in the marketplace. As a result of this reality, restaurant owners need to think carefully about their intellectual property interests. Working with a skilled legal team can help restaurant owners to exercise their rights and safeguard their intangible assets effectively. 

Key types of intellectual property worth considering 

To start, a restaurant’s name, logo, slogan or even signature product names may qualify for trademark protection. Registering trademarks can help prevent competitors from using similar branding that confuses customers or weakens a restaurant’s reputation.  Restaurant owners should also consider the value of their online presence. Website content, menus, photographs, social media campaigns and marketing materials may qualify for copyright protection. Original branding and creative content often help distinguish restaurants in highly competitive markets. Trade secrets are also a common – and potentially consequential – concern in the restaurant industry. Confidential recipes, ingredient blends, preparation techniques, supplier relationships and business methods may provide competitive advantages that deserve protection.  While recipes themselves can be difficult to protect through traditional intellectual property laws alone, businesses may still safeguard valuable confidential information through nondisclosure agreements, employee policies and restricted access procedures. Failing to address intellectual property concerns may inspire costly problems later. Some restaurant owners discover too late that another business already holds trademark rights to a similar name. Others face disputes with former employees, business partners or vendors regarding ownership of branding materials, recipes or creative content. For these and so many other reasons, it’s important for those running food-based businesses to understand that protecting intellectual property can help restaurant owners to preserve the identity, reputation and value they’ve worked so hard to build.]]> On Behalf of Parker Justiss, P.C. <![CDATA[What is the role of a patent examiner?]]> https://www.pj-iplaw.com/?p=46709 2026-05-19T17:34:35Z 2026-05-19T17:34:35Z If you believe you have a novel invention, you may submit a patent application. This documentation will then be assigned to a patent examiner at the United States Patent and Trademark Office, or USPTO, who will take your case. In a general sense, the role of the patent examiner is to look at the application and decide whether or not it meets the legal requirements. For instance, a patent could be for a machine, a process, a composition or even a plant. So one of the first steps is for the patent examiner to determine if you have the right type of invention and if it is truly a novel idea, or if they believe it is something that has already been available to the public.

Responding to notices

As the patent examiner goes through this process, they may send certain notices to you on behalf of the USPTO. You can respond to these in writing. Additionally, if there are certain issues, it may be possible to schedule an interview. The examiner may want more information about your product, for example, to demonstrate why it is truly unique and deserves its own patent. It may be best for you to sit down with them in person and go over these details to support your case.

Working with your attorney

One important thing to note is that the patent examiner will likely work with either you or your attorney, but not both. This can streamline the communication process. If you hire a patent attorney, they can handle these communications and will then talk to you to discuss any requirements from the patent examiner or evidence that needs to be submitted. Obtaining the correct patent is an important step to take to protect your invention and potentially profit from it moving forward. Make sure you know exactly what legal steps you will need to take and how an experienced attorney can help you submit your application and work with the patent office.  ]]> On Behalf of Parker Justiss, P.C. <![CDATA[Patent trolls: how businesses can respond to aggressive patent claims]]> https://www.pj-iplaw.com/?p=46708 2026-05-04T16:59:22Z 2026-05-04T16:59:22Z Innovation is a core driver of growth, particularly in industries such as technology, manufacturing and e-commerce. However, with innovation comes risk, including the growing threat of “patent trolls.” Understanding how to respond to these aggressive forms of patent enforcement is essential to protecting your company’s financial stability and long-term strategy.

What is a patent troll?

The term “patent troll” refers to a non-practicing entity (NPE). These are companies or individuals that own patents but don’t use those patents to manufacture products or provide services. Instead, they generate revenue by asserting patent rights against other businesses. Not all NPE activity is improper, but there could be concerns when the enforcement becomes aggressive, using methods such as:
  • Broad or vague infringement claims
  • Mass demand letters sent to multiple businesses
  • Litigation strategies designed to pressure for quick settlements
These tactics can place significant financial strain on targeted companies, particularly the costs of defending a lawsuit. Patent trolls often look for businesses that are likely to settle rather than engage in prolonged litigation, including:
  • Companies with a traceable and transparent revenue stream
  • Businesses using widely adopted technologies
  • Organizations lacking in-house legal resources
When faced with a patent demand or lawsuit, it’s essential to resist making a hasty response. Conduct an assessment to understand the scope of the claim, the patent’s validity and whether your products or services actually infringe upon the patent in question. Furthermore, not all patents are enforceable. Prior art, lack of novelty or issues related to the subject matter could call the patent’s validity into question. You can challenge the questionable patent through an inter partes review (IPR) with the United States Patent and Trademark Office, which is often a more cost-effective way to resolve the issue. However, it’s important to be prepared if the dispute proceeds to litigation. Fortunately, courts have increasingly scrutinized weak patent claims, which may allow you to seek early dismissal or limit your exposure. Patent trolls can be disruptive to your business, but with the right legal team and a strategic response, you may be able to successfully defend against unwarranted claims.]]> On Behalf of Parker Justiss, P.C. <![CDATA[Intellectual property portfolio management]]> https://www.pj-iplaw.com/?p=46707 2026-04-17T17:00:31Z 2026-04-17T17:00:31Z A business should actively manage its intellectual property (IP) portfolio, including patents, trademarks, copyrights and trade secrets. IP portfolio management is an essential strategic practice for businesses, yet not all do it. Here is what to know about this process:

What is it?

IP portfolio management is the process of identifying, acquiring, protecting and optimizing a business’s patents, trademarks, copyrights, trade secrets and other intangible assets. Basically, it’s when a business:
  • Knows exactly what it owns
  • Files for new IP or buys existing IP from others
  • Confirms that no one is using its IP without permission
  • Renews registrations and updates ownership records 
  • Finds opportunities to turn its IP into money
  • Ensures its IP aligns with business goals
It’s important for a business to do such management frequently to fully benefit from it.

Why do businesses do it?

IP portfolio management helps a business:
  • Maintain its competitive advantage by identifying and preventing infringement earlier
  • Build strong barriers to entry, making it difficult for competitors to mimic products or processes
  • Expands its market share by acquiring new rights
  • Mitigate risks by ensuring renewal fees are paid to prevent losing rights 
  • Generate revenue by licensing or selling its rights to others
  • Removes assets that do not support the existing business goals
  • Cut costs by removing underperforming assets (those that do not generate revenue or protect a key product) to focus on high-value ones, since IP fees can be high, especially when maintaining a large portfolio
A business that does IP portfolio management can see higher profits and avoid legal trouble compared to one that overlooks the process. Some business owners avoid IP portfolio management until they are in a crisis. But this is not the best way to approach it. Learn more about how to protect your inventions and market share to avoid last-minute panics.]]>