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MORABITO LAW OFFICES

 

 

Intellectual Property

Andrew G. Morabito, Esq. of Morabito Law Offices specializes in all aspects of Intellectual Property. He has personally worked with many clients ranging from Fortune 500 companies to solo inventors and understands each individual clients’ needs, responses, and requirements. Serving clients throughout the world, Andrew G. Morabito assists his clients in protecting their Patents, Trademarks, Copyrights, Trade Secrets, and helping small business and solo inventors form their businesses, and manage their Intellectual Property.

Patents

Protecting your company’s ideas and inventions is just as important as preventing unauthorized use by others.  A patent builds your intellectual property portfolio and provides invaluable protection for you and your company.  Andrew G. Morabito, Esq. can help with the process of drafting all the necessary documents and responses to protect your invention.

Andrew G. Morabito, Esq. has worked in many technical fields, including: computer software, computer hardware, Internet technologies, networks, e-commerce, electrical & electronics, business methods, telecommunications, video, audio, image processing, medical technologies, semiconductors, manufacturing processes, mechanical devices, optics, acoustics, agriculture, biomedical, mechatronics, textile, and consumer products, to name a few. 

Types of Patents

Andrew G. Morabito Esq. helps business owners and inventors apply and register for the following types of patents:

Design Patents: If you have invented a new, original and ornamental design for a manufactured product, you should apply for a design patent. This type of patent protects the way something looks.

Utility Patents: If you have invented, discovered or improved upon a new or useful process, machine, article of manufacture or composition of matter, you should apply for a utility patent. This protects the way something is made and used.

Andrew G. Morabito will look at your invention to determine if it requires a design or utility patent, to provide you the greatest protection for your invention.

Provisional vs. Non-Provisional patents

If you want a utility patent, you must decide if you want to apply starting with a provisional patent application. Note: this does not apply to design patents.

When you are still in the developmental phase of inventing, you may want to start with a provisional patent.  A provisional patent allows you to protect your idea while you are still in the early development stages. This is a less expensive first step to filing.

After filing the provisional patent application, you will need to file a non-provisional application in order to receive patent protection. A non-provisional application must be filed within one year of the provisional application.  The process for patenting your invention can take several years depending the complexity and technical field of your invention.  Andrew G. Morabito will work closely with you throughout the process to ensure that all of the necessary requirements and steps are completed on time.

Andrew G. Morabito, Esq. understands that every legal situation and business is unique. He will work closely with you to determine the best course of action for your situation.

Trademarks

Guarding your business name, logo, or slogan is equally important as protecting your inventions.  To guarantee the investment that you have painstakingly put into your company, properly protecting your Trademark identity as well as product design or packaging is obligatory.  Andrew G. Morabito, Esq. will coordinate the research for your Trademark availability and to freely use markings either locally, federally, or globally along with interpreting the results to give you a better understanding of the current market. Andrew G. Morabito, Esq. is fully qualified to handle the filing and correspondence to the United States Patent and Trademark Office.

Registering a Trademark

By registering your trademark, you are claiming that mark. If another business uses it, you will be able to file a lawsuit against them.

A trademark or service mark is an identifier that people relate to a business and its products or services. It can be a word, name, symbol, phrase, slogan or any other identifying feature. Your trademark distinguishes your business as unique, and it is essential that you protect it.

The trademark registration process typically takes seven months to a year to complete if you are currently using the mark in commerce. We work closely with you throughout the process to ensure that you meet the necessary requirements.

While federally registering your trademark is not required, it is advantageous. You need to protect your brand. The advantages to registering your trademark with the United States Patent and Trademark Office (USPTO) includes nationwide notice, evidence of ownership, exclusive rights to the mark, ease of trademark registration in other countries, and the ability to bring a trademark action in federal court.

Once you trademark is registered, you may use the trademark (TM) or service mark (SM) symbols. Note: you can only use the federal registration symbol (R) after the USPTO registers it.

Copyright

Work of authorship needing copyright protection, Andrew G. Morabito, Esq. can provide you with full service to assist you.  His extensive knowledge of copyright law can support, secure, transfer, and license your copyright material.

Protecting your Work

Once you put a work into a tangible form, it gains federal copyright protection. However, formally registering your copyright with the U.S. Copyright Office provides substantial advantages when fighting infringement cases.

Any type of art produced in a tangible form can be copyrighted.  Examples of copyrightable products are; books, stories and poems, musical compositions, screenplays, periodicals, maps, sculptures, technical drawings, photographs, prints, movies, computer programs, compilations, and many more.  Please contact Andrew G. Morabito to discuss protecting your hardwork.

Once you have produced a piece of art, you maintain the exclusive right to print, sell, copy, license, distribute and use your work as you see fit. In addition to providing potential financial benefits, copyrighting your art allows you to direct the manner in which it is used.

If another person or company infringes upon your copyright, Andrew G. Morabito will pursue all available legal remedies. First demand that the infringer cease and desist their illegal actions.  Then Andrew G. Morabito will fervently pursue damages.

Licensing

Licensing a patenttrademark, or copyright is similar to leasing real estate, only the property is intangible. A license gives the party receiving the license (“the licesnsee) the right to use the patent, trademark, or copyright in accordance limitations in the license, in return for a fee.  This process usually begins with an agreement that protects the Intellectual Property from use or disclosure by the potential licensee unless a license agreement is reached through further discussion and consideration by the parties.

Patents, trademarks, copyrights and trade secrets often require complex written license agreements. These agreements are often requiring for clients who either want to enter into a business segment that is restricted because of intellectual property rights or intellectual property owners who want to let others use their intellectual property to increase revenues.  Andrew G. Morabito, Esq. understands the intricacies of licensing agreements to protect your rights and reduce your exposure to risks.

Andrew G. Morabito, Esq. works closely with his clients to pinpoint the critical terms and aggressively negotiate terms favorable to them and their businesses. This often leads to a quicker negotiation period and obtaining a lasting licensing agreement.

There are many reasons why you would want to license your Intellectual Property.  The licensee may have established manufacturing facilities and marketing capabilities to make and sell your product. You can also leverage another company’s distribution channels and maybe even their development capabilities to further develop your invention for a particular market or industry.

Licensing is also a way to resolve a trademark, copyright or patent dispute . If you sue someone for infringing your Intellectual Property, or if you are being sued, the resolution may involve a license.

Andrew G. Morabito, Esq. can help you draft confidentiality agreements, identify and investigate fields of use for potential licensing, advise about license rates, draft separate licenses for different fields of use, and negotiate licenses.

Trade Secrets

Protecting your Business’ Trade Secrets

A formula, recipe, method, process or plan distinctive to your business constitutes a trade secret. Trade secrets are essential to the success of your company and give you the competitive advantage. When these particular features are revealed, your company’s value is compromised. Andrew G. Morabito, Esq. will help you protect your business through nondisclosure agreements and employment protocol. If an employee or outside party discloses protected information, Andrew G. Morabito can lessen the damage to your company and pursue your legal remedies.

Please call Andrew G. Morabito, Esq. for a free consultation at 585.586.5770

Overflow Work

Andrew G. Morabito, Esq. is available to assist you or your firm in handling overflow work on a contract or flat fee basis.  He offers quick turnaround for urgent matters.  Andrew G. Morabito, Esq. has extensive experience in many areas of Intellectual Property.

Services he can provide include: Patent searches and opinions, drafting and filing of provisional and non-provisional Utility Patent applications, drafting and filing of Design Patent applications, conducting Examiner Interviews with Patent Examiners, responding to Office Actions, Trademark searches and opinions, filing Trademark applications, responding to Trademark Office Actions, and numerous other Intellectual Property related matters.

Please contact Andrew G. Morabito, Esq. to discuss overflow work at 585.586.5770