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Transactional Matters Related to Intellectual Property Patents in California

Greg Wood Dec. 1, 2022

Securing protection for intellectual property rights is another requirement for asserting intellectual property rights in California and elsewhere. For example, applying for a trademark or patent requires preparing an application, filing that application with the Patent and Trademark Office and then pursuing that application by responding to rejections, objections and challenges from third parties in front of patent or trademark examiners or through before the Board of Appeal or even Court of appeals for the Federal Circuits. In order to get the maximum protection possible clients across the United States must depend upon the experience of intellectual property attorneys to pursue those rights before the appropriate governmental agency whether the patent and trademark office, the copyright office, the international trade commission, court of claims, or various state agencies.

Whether for licensing, non-disclosure agreements, developmental agreements, or any other transactional matters that involve intellectual property, the right attorney is a key component in acquiring and then protecting the underlying rights that are acquired.

Internal Disputes Arising from Patent Contention

In some cases there may be some disputes that arise internally within a company or corporation if the right to acquire a patent on intellectual property is in contention.  In California, state law protects employees from overreach by employers as to patent rights in technology innovations created by the employee, even when it is part of the employee job. If there is not contract, the employer may get a non-exclusive right to use the invention but the employee would be considered the owner. That is not the case with copyrights where the employer is consider the “author” and therefore owner of any copyrighted material created by the employee as part of his job.