Yes, you can trademark a color, a sound, or a slogan, but the bar is higher than it is for a name or logo. These are called non-traditional trademarks, and they require proof that consumers already associate the element with your brand. A trademark lawyer can help you build that case and file correctly. Tiffany’s…
Read MoreArtificial intelligence is moving faster than patent law. Protecting an AI invention requires navigating eligibility challenges that most industries never face, inventorship rules that the courts have only recently clarified, and a competitive patent landscape that can shift significantly in months. It also requires counsel that genuinely understands the technology, not just the legal framework surrounding it….
Read MoreGearhart Law is pleased to spotlight David Postolski’s vital role and expertise featured in the Financial Poise article, From Spark to Startup: Building a Business That Lasts. As a leading intellectual property attorney and trusted advisor to startups, David contributes decades of experience guiding entrepreneurs on how to protect what sets their business apart—intellectual property….
Read MorePatent eligibility has emerged as a pivotal issue as artificial intelligence (AI) and biotechnology continue to expand and evolve. Recent legal developments have significantly impacted how innovations in these fields are patented. With AI challenging traditional notions of inventiveness and biotechnology pushing the boundaries of what can be patented, both areas face unique legal hurdles. …
Read MoreBusiness and commercial contracts play a critical role in the economy. Businesses and individuals engaging in commercial transactions almost always have a contractual agreement in place that governs the transaction. Contracts can provide a clear understanding of the parties’ respective rights and obligations. Careful negotiation and drafting can ensure that parties have a comprehensive agreement…
Read MoreThe market for plant-based foods has sprouted in the U.S. and achieved remarkable growth in the past few years. One academic study reports that the plant-based foods market increased 29 percent nationwide between 2017 and 2019. This stunning growth offers massive opportunities for the makers of plant-based foods. However, it also presents significant challenges regarding…
Read MorePatent drawings are a critical component of any patent application. These illustrations provide a visual representation of your invention, helping to convey its functionality and unique features. Accurate and detailed drawings can significantly enhance the understanding of an invention, playing a key role in the patent examination process. Ensuring that your patent drawings meet the…
Read MoreEthical considerations in food patents encompass a complex interplay of innovation, public welfare, and legal boundaries. As the food industry evolves with scientific advancements, patenting food-related inventions becomes increasingly significant. However, this progress raises crucial ethical questions: Who owns the rights to essential food technologies? How do patents affect global food security and access? In…
Read MoreDeciding to secure a patent can be a pivotal step in safeguarding your invention and ensuring your unique ideas remain yours. With the right approach, the process of submitting a patent application unfolds into a series of manageable steps, from the initial concept to the granting of the patent. It’s important to familiarize oneself with…
Read MoreEstablishing a legal foundation for your ideas and company is the backbone of any successful business. At Gearhart, we take great pride in helping clients achieve their goals and being a building block in their success. The Patent Process In patent law, there are three main parts to patenting an invention. First, a global or…
Read MorePractice Areas of Gearhart Law Gearhart is a trusted resource for hundreds of companies in a variety of complex, highly competitive industries. Our experience is your advantage. Based in New Jersey, we serve inventors and businesses nationwide. Patents, trademarks, and copyrights are governed by federal law — meaning our work is effective in all 50…
Read MoreSoftware creators often ask whether their code or system is worth patenting. The short answer is yes, you can patent software, but only when the invention does more than perform an abstract idea or routine computer function. Patent protection may be worth pursuing if your software provides a technical improvement, solves a real operational challenge,…
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