Parker Justiss, P.C.Parker Justiss, P.C.2026-10-03T18:47:17Zhttps://www.pj-iplaw.com/feed/atom/WordPress/wp-content/uploads/sites/1503928/2023/01/cropped-PJ-site-favicon-32x32.pngOn Behalf of Parker Justiss, P.C.<![CDATA[New program could streamline international patent research]]>https://www.pj-iplaw.com/?p=467222026-10-03T18:47:17Z2026-10-03T18:47:17ZThe U.S. has agreed to participate
The World Intellectual Property Organization (WIPO) provides a worldwide database for patent registration and research. Many nations participate in WIPO's registration process as a means of centralizing patent research and enforcement efforts.
A new pilot program called the Global IP Assignment Platform (GIPAP) pilot program aims to help facilitate faster international registration of patent assignments in multiple jurisdictions. That, in turn, may lead to more rapid and accurate research into existing international patents and their assignments.
While this program may improve the patent registration and research processes, it does not necessarily make either less complex. Business leaders seeking patents likely still require an attorney's guidance as they research existing patents and submit paperwork to register domestic patents at the international level.
Retaining the services of an experienced patent attorney is crucial for the protection of valuable intellectual property. They can help protect concepts and products at the national and international level so that businesses can profit from the ideas they acquire or develop through research.]]>On Behalf of Parker Justiss, P.C.<![CDATA[Can you copyright computer code?]]>https://www.pj-iplaw.com/?p=467192026-09-18T23:02:56Z2026-09-18T23:02:56ZYes, when writing code for computer programs, it is possible to seek copyright protection. The program counts as a set of instructions and statements telling a computer how to achieve a specific result, and so unique code can be copyrighted so that the code is protected.
This does not necessarily apply to every single aspect of the computer program itself. For instance, things like system design and formatting typically cannot be copyrighted, even though something like HTML code or object code can be.In some cases, other types of protections may need to be used. If a company makes a computer program, for instance, the specific formatting may use branding elements that are themselves trademarked by the company.
The copyright only applies to the current program
One key thing to keep in mind is that every iteration of a program will need to be copyrighted on its own. Once the copyright has been set up for a specific program, the legal protections will not cover:
Source code that was registered previously
Source code that had already been published
Source code that a third party owns and has already copyrighted, or can copyright in the future
Source code that is available to all as it is a part of the public domain
Even in these cases, however, there can be some exceptions. For instance, pre-existing source code may be covered if it was never registered or published beforehand. After all, code often changes significantly over the course of a project.
Seeking a copyright
Legal protections for computer programs and source code are very important, and obtaining them can be complicated. It may help to work with an experienced attorney to ensure that you have all of the correct protections in place, especially before releasing a new product.]]>On Behalf of Parker Justiss, P.C.<![CDATA[3 key benefits of formal trademark registration]]>https://www.pj-iplaw.com/?p=467172026-09-07T11:04:51Z2026-09-07T11:04:51Z1. Verification of uniqueness
The trademark registration process involves an in-depth research stage. Companies must carefully assess existing trademarks to ensure that none of them are too similar to the proposed trademark they want to register. Ensuring there is no likelihood of confusion among consumers is important for the creation of a unique and recognizable trademark.
2. Easier enforcement actions
Enforcing brand and intellectual property rights can become much more challenging in cases without records of formal registration. Organizations that have already registered their trademarks potentially have a straightforward process ahead when they discover infringement.
3. An additional indicator of legitimacy
The ability to include the little trademark symbol after a brand name or next to a logo can give consumers even greater confidence in a brand and help legitimize the company. Formal trademark registration is not a process that many fly-by-night companies and businesses that may not have plans for a long-term market presence take. Trademarks are a way of legitimizing a company for consumers considering their options.
The process of researching and registering a trademark is relatively complex, making it difficult to manage without legal support. Working with an intellectual property attorney can streamline the trademark registration process and also any enforcement actions that may prove this necessary due to infringement.]]>On Behalf of Parker Justiss, P.C.<![CDATA[How prototype manufacturing can lead to IP risk]]>https://www.pj-iplaw.com/?p=467162026-08-15T20:30:53Z2026-08-15T20:30:53ZPrototype 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=467152026-08-02T14:43:09Z2026-08-02T14:43:09ZPatents 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=467142026-07-21T00:44:02Z2026-07-21T00:44:02ZAnyone 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=467132026-07-14T16:23:54Z2026-07-14T16:23:54ZIf 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=467122026-06-30T18:53:31Z2026-06-30T18:53:31Zaddress 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=467112026-06-15T19:06:05Z2026-06-15T19:06:05ZPatents 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=467102026-06-03T16:13:44Z2026-06-03T16:13:44ZA 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.]]>