A FULL SERVICE INTELLECTUAL PROPERTY LAW PRACTICE FOUNDED BY PATENT & TRADEMARK ATTORNEY BRYCE D. MIRACLE SERVICING COLUMBUS, OHIO AND THE HAMPTON ROADS, VIRGINIA AREA.*
A patent is an exclusive right
granted by the United States Government and other foreign entities to an inventor for the purposes of preventing others from making, using, or selling an invention for a limited period of time in exchange for a complete and full disclosure. Patents are unique in the fact that.......More
A trademark or servicemark is a unique
sign or indicator utilized by a person, business, or other legal entity that indicates to consumers that the product or service in which the trademark appears originated from a unique source. This ensures that the general welfare of the public is protected from deceptive or fraudulent business.....More
A copyright is an exclusive right granted
by the United States Government to authors or creators of original works for a limited duration of time. The owner of a copyright is entitled to receive credit for his or her work. They have the right to oversee copies, derivatives and performances of their work. Typical works include movies, plays.....More
intellectual property services overview
- Utility Patent Applications
- Design Patent Applications
- US Novelty Patent Searches
- US Clearance Patent Searches
- Foreign Patent Searches
- Patent Assignments
- Patent Licensing Agreements
- Foreign PCT Patent Applications
- Patent Clearance Opinions
- Freedom to Operate
- State of the Art Patent Searches
- Patent Portfolio Management
- US Trademark Registrations
- US Trademark Clearance Searches
- US Trademark Clearance Opinions
- US Service Mark Registrations
- State Trademark or Service Mark Registrations
- US Trademark Opposition Proceeding Representation
- US Trademark Cancellation Proceeding Representation
- Trademark Infringement Litigation
- US Copyright Registrations
- Copyright Infringement Litigation
- Copyright Assignments
- Copyright Licensing Agreements
- Fair Use Doctrine
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what we are:
MIRACLE IP, Ltd. strives every day to assist and guide clients in a professional and effective way. We creatively think outside the box to lead clients in a personalized direction that's best for them.
Owner of MIRACLE IP, Ltd., patent and trademark attorney Bryce D. Miracle, has several years' experience with all types of intellectual property law. He has drafted and successfully processed hundreds of utility and design patent applications, federal and state trademark registrations, and copyright registrations for clients locally as well as worldwide.
MIRACLE IP, Ltd. is a smaller legal outfit that provides and encourages outstanding personal relationship with its clients. Inventors and clients work side by side with patent attorney Bryce D. Miracle to fully develop their ideas and to render a personalized strategy that best helps protect their intellectual property.
MIRACLE IP, Ltd. is the "big firm" alternative. Big Firms maintain giant corporate clients with deep pockets so clients have to compete for their time, thus astronomically increasing legal fees. At Miracle IP, you will not find excessive legal fees and unlike some of the "invention help" type companies, we lead clients in a direction that's in their monetary best interest and not ours.
WHAT IS A PATENT?
A patent is an exclusive right granted by the United States Government and other foreign entities to an inventor for the purposes of preventing others from making, using, selling, importing or offering to sell an invention for a limited period of time in exchange for a complete and full disclosure. Almost any invention may be patentable subject matter as long as it is new and not obvious. Patentable subject matter includes inventions or discoveries of any new and useful process, machine, manufacture, or composition of matter or any improvements thereof. A design patent may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture.
TYPES OF PATENTS
There are three types of patents that an inventor may apply for:
1) Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof. Utility patents are described in terms of functionality, thereby potentially securing rights to similar inventions that function the same.
2) Design Patents may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture. Design patents are valuable in cases where the aesthetic features cannot be separated from the article of manufacture. Moreover, design patents can be a valuable supplement to a utility patent in that they can be directed towards specific embodiments that may be more marketable than others - further giving strength to your patent portfolio. Design patents are typically easier to obtain and much less costly than a utility patent. .
3) Plant Patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.
Patent applications are filed with the United States Patent & Trademark Office (USPTO) in Washington, D.C and must meet certain requirements before the application is examined and issued as a patent. The application must include a written specification that describes the background of the invention, specific details of the invention, a description of its use or uses, drawings that are detailed enough to describe the invention, a description of the drawings and how they are interpreted, and claims that define the invention and scope of protection in specific, concise terms. The claims portion is the most important part of the patent application - it defines that exact patent rights that an inventor may exclude others from practicing the invention.
When an application is received by the Patent Office, it is assigned a serial number and filing date if the application filing requirements are met. After filing, the application is assigned to a USPTO patent examiner who has a background in the technical area of the invention. The examiner reads and interprets the application, reviews and analyses the proposed claims, and evaluates the invention according to the standards of patentability, including the standards of novelty and non-obviousness. Furthermore, the examiner conducts a search for prior art (patents and public disclosures) and compares the claimed invention to the prior art to determine whether the standards of novelty and non-obviousness have been acquired. Typically, the examiner will issue one or more office actions requiring the inventor to make amendments to the language of the claims and to make arguments distinguishing the invention over the prior art. If the inventor successfully overcomes and addresses the issues raised by the examiner, a patent for the invention is issued.
TOP REASONS TO OBTAIN A PATENT
Exclusive rights - as defined above, patents provide exclusive rights which usually allow you or your company to use and exploit the invention for a limited period of time - typically 20 years from the filing date of your application.
Opportunity to license or sell the invention - If you chose not to exploit the patent yourself, you may sell it or license the rights to commercialize it to another business or manufacturer.
Strong market position - Through these exclusive rights, you are able to prevent others from commercially using your patented invention, thereby reducing competition and establishing yourself in the market as the pre-eminent player.
Increase in negotiating power - If your business is in the process of acquiring the rights to use the patents of another enterprise, through a licensing contract, your patent portfolio will enhance your bargaining power. That is to say, your patents may prove to be of considerable interest to the enterprise with whom you are negotiating and you could enter into a cross licensing arrangement where, simply put, the patent rights could be exchanged between your business and the other.
Positive image for your business - Business partners, investors and shareholders may perceive patent portfolios as a demonstration of the high level of expertise, specialization and technological capacity within your company. This may prove useful for raising funds, finding business partners and raising your company's market value.
Higher returns on investments - Having invested a considerable amount of money and time in developing innovative products, your business could, under the umbrella of these exclusive rights, commercialize the invention enabling your business to obtain higher returns on investments.
A trademark or servicemark is a unique sign or indicator utilized by a person, business, or other legal entity that indicates to consumers that the product or service in which the trademark appears originated from a unique source. This ensures that the general welfare of the public is protected from deceptive or fraudulent business practices that may lead the ordinary consumer to purchase goods or services under false pretenses. A trademark or service mark may be any word, phrase, symbol, design, logo, sound, or other unique indicator of origin that is used in association with the sale of goods or services.
TYPES OF MARKS
If a trademark has not been formally registered with the United States Patent & Trademark office, a trademark should be identified in at least the first instance of its use in every article of publication where it is used, by placing the superscript "TM" after the trademark.
A service mark has the same legal implications as a trademark, other than the fact that it is associated with the sale of services. As above, prior to registration before the USPTO, the mark should be utilized in at least the first instance of its use in every article of publication that it is used, by placing the superscript "SM" after the service mark.
A registered trademark or service mark is a mark that has been filed with the USPTO and has received an official certificate of registration. All registered marks should have the symbol ® adjacent to the mark whenever it is used in any setting, at least in the first instance of use in that setting.
STRATEGY WHEN CHOOSING A TRADEMARK OR SERVICE MARK
A successful, strong and easy to protect mark will identify goods or services in a way that will leave a positive, favorable, and lasting impression in the minds of the consumers and will not be confusingly similar with the marks of competitors.
Generally speaking, marks that are considered "arbitrary" and have no meaning or connection to the goods or services are often robust and easily protected than marks that simply describe the goods or services being sold.
WHAT IS A COPYRIGHT?
A copyright is an exclusive right granted by the United States Government to authors or creators of original works for a limited duration of time. The owner of a copyright is entitled to receive credit for his or her work. They have the right to oversee copies, derivatives and performances of their work. Typical works include movies, plays, literature, music, pictorial, choreographic, and architectural work.
Copyright does not protect ideas, whether they are fact, opinion, or fantasy. A Copyright only protects the expression of those ideas.
Miracle IP provides advice to clients on issues regarding copyrightable subject matter and copyright protection for original works of authorship.
A work is under copright protection the instant it is created and fixed in a tangible medium so that is is perceptible either directly or with the aid of a machine or device. The moment the work is written, drawn, painted, recorded, or put on the internet, the work is protected by copyright law. However, copyright registration strengthens copyright protection by adding proof of copyright ownership and aids the copyright holder with enforcing the copyright. The copyrightable material may be registered with the United States Copyright Office.
TOP REASONS TO REGISTER A MARK
Official Public Record. Copyright registration establishes a public record of the copyright claim.
Advantages in Court. If made before or within five years of publication, copyright registration will establish prima facie evidence in court of the validity of the copyright and of the facts stated in the certificate. Before an infringement suit may be filed in court, copyright registration is necessary for works of U.S. origin.
Enhanced Remedies for Infringement. If copyright registration is made within three months after publication of the work or prior to an infringement of the work, statutory damages and attorney's fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner.
Prevent Importation. Copyright registration enables the owner of the copyright to record the registration with the U. S. Customs Service for protection against the importation of infringing copies.
LICENSING AND LITIGATION
Miracle IP assist with the licensing exclusive rights of copyright owners and transfer of copyrights to other parties. For clients that want to enforce their copyright interests or have been accused of copyright infringement, attorneys at Miracle IP provide related litigation services.