(305) 362-8118 ------ ALCOBA LAW GROUP PA alcoba@miamipatents.com

Patent Lawyers Helping Local Inventors

“As a patent lawyer, I understand the need to educate local inventors as to what is and what is not patentable.” Ruben Alcoba, Esq. At our firm, often, independent inventors visit us with concepts that have not been fully developed, so it is my job to educate them that a concept has to be enabled in order to be granted a patent in the United States. So, what does it mean for an invention to be enabled? The US Patent law states that for an invention to be enabled “the specification (the written description of a patent application) must describe how to make and how to use the invention. The invention that one skilled in the art must be enabled to make and use is that defined by the claim(s) of the particular application or patent.” For example, a concept defines a problem and defines a solution to a problem, yet it may not define the manner in which the solution is reached. A concept could be that a room needs a light at night and that a solution to the problem would be to develop something that will provide the light to the room at night. If the concept does not instruct a user how to build and use the device that would provide light to the room, then the device would be deemed not enabled. If a device is not enabled, then the concept cannot be protected by US Patent Law. US Patent Law only protects conceptual devices that are enabled (defined as how to make and use to the ordinary person in the art of the...
The Strength of Trademark and Its Importance in Branding.

The Strength of Trademark and Its Importance in Branding.

The Strength of a Trademark an Its Importance “As a trademark attorney, I am often presented with clients whom do not understand why a mark cannot be a generic or descriptive mark. It is my job to educate them why they should always select a Suggestive, Arbitrary or Fanciful mark.” Juliet Alcoba. A Generic mark can never be protected. What is a Generic brand? A mark is generic if its primary significance to the relevant public is the class or category of goods or services on or in connection with which it is used. A two-part inquiry is used to determine whether a designation is generic: (1) What is the genus of goods or services at issue? (2) Does the relevant public understand the designation primarily to refer to that genus of goods or services? It is not necessary to show that the relevant public uses the term to refer to the genus. The correct inquiry is whether the relevant public would understand the term to be generic. A Descriptive mark may be registered, yet it will bring very little trademark protection. So what is a Descriptive trademark? A mark is considered merely descriptive if it describes an ingredient, quality, characteristic, function, feature, purpose, or use of the specified goods or services. Similarly, a mark is considered merely descriptive if it immediately conveys knowledge of a quality, feature, function, or characteristic of an applicant’s goods or services. The determination of whether a mark is merely descriptive must be made in relation to the goods or services for which registration is sought, not in the abstract. This requires consideration of...
Social media & sharing icons powered by UltimatelySocial