Intellectual Property

Intellectual Property Attorney in San Diego

When it comes to product or small business development, it can be important to protect rights to the ideas that back your potential success. In San Diego, intellectual property attorney support from the Optima Law Group can help you retain rights over ideas, plans, product mock ups, and trade secrets so that you can protect your investments.

We help both individuals and businesses with a variety of legal support. We can help you retain rights to intellectual property or secure patents during product development. We also handle licensing, trademarks, and copyrights. For businesses built on privileged information, we can help you retain trade secrets. If you currently have a legal dispute to pursue, we can represent you in court. We are experts in negotiation and litigation strategies when it comes to this kind of case. We have extensive trial experience in this branch of law.

Don't risk your ideas getting into the hands of a rival developer or company. To ensure success for your new ideas, the best place to start is with a San Diego intellectual property attorney from the Optima Law Group. Call today to set up an appointment for a free case evaluation. Appointment flexibility is available.

Patents

The firm's patent procurement services include drafting and prosecuting patent applications, providing patentability and noninfringement opinions, and developing strategies for maximizing the benefit of a patent portfolio. Our attorneys routinely assist clients in identifying and prioritizing patentable inventions and in establishing company strategy for managing a patent portfolio.

The prosecution of a patent application requires extensive interaction with the U.S. Patent and Trademark Office. Members of the firm frequently conduct telephonic and personal interviews with Patent Examiners on behalf of clients as well as submitting written correspondence.

In addition to having technical and legal degrees, many of the firm's attorneys have previously worked as engineers, developers or scientists within their respective fields.

We handle the foreign intellectual property matters of our domestic clients through a worldwide network of foreign attorneys and agents. The firm has established close relationships with foreign practitioners and can call upon experts in a particular country to promptly service the firm's U.S. clients' needs. To further support a global approach to the practice of intellectual property law our attorneys actively participate in many of the leading international intellectual property law organizations.

The firm also has many clients in foreign countries and provides for them its full range of intellectual property law services throughout the United States. Our international clients come from a diverse set of countries, including the European Union, Israel, Canada, Republic of China (Taiwan), Japan, and others.

Licensing

Optima Law Group has an immediate impact on assisting the development of emerging and established technologies through a well-established licensing practice. We routinely handle a variety of licensing issues, from procurement to asset sales to technology transfer, in many distinct technology sectors. Our attorneys are well versed in several disciplines, including the life, chemical and mechanical sciences, as well as software and wireless-based technologies. Our practice ranges from industrial to academic licensing negotiations within many technology sectors. Our clients range from mid-sized entities to large institutions, all involving advanced technologies and the distribution of rights thereof.

Our firm utilizes the diverse backgrounds from within each practice group to provide guidance in highly specific fields for valuable involvement in licensing discussions. The ability to tap the resources of individuals with relevant technical backgrounds is an incredible asset to Optima Law Group and one which is utilized to its fullest capacity in order to provide strategic foundations in our licensing practice.

Copyrights

Optima Law Group has a sophisticated practice in the protection of copyrightable works under the federal copyright laws. Copyright protection extends to very diverse subject matter, such as computer software, works of art, audio-visual works, architectural works and literary works. Protection under the U.S. copyright law arises immediately upon creation and "fixation" of the work in physical form. Registration of the copyright provides substantial statutory advantages, such as the right to recover statutory damages and attorney fees in the event litigation is necessary to enforce the copyright. Indeed, in many cases, such registration is a prerequisite to infringement litigation. In litigation matters, our attorneys can obtain an expedited copyright registration in a matter of days.

Our services include advising clients on copyright ownership issues, seeking federal registrations for copyrightable works, counseling clients on how to develop and reverse engineer computer programs without infringing the rights of others, advising clients on the use of "open source" code and copyright litigation and licensing. The firm also frequently negotiates and prepares agreements to resolve controversies involving copyright ownership and infringement.

In addition, our attorneys routinely counsel e-commerce companies on their rights under the Digital Millennium Copyright Act and other copyright laws relevant to website operations.

Technology Transfer

We regularly assist in negotiations with the transfer of technology between institutions. The drafting and negotiation of technology transfer agreements, and the accompanying documents, requires extensive background and know-how of the subject matter technology at the heart of such agreements. Our firm provides the necessary expertise to navigate through the complexities usually associated with technology transfer issues. We are uniquely positioned to offer strong guidance within this area and have experience advising both academic and industry clientele in such matters.

Trade Secrets

Optima Law Group helps its clients to establish proper confidentiality procedures and to determine the appropriate means of protecting trade secrets. Our attorneys are experienced in drafting a wide variety of agreements for the protection of trade secrets, such as non-disclosure agreements, employment agreements, consulting agreements, invention development agreements, manufacturing agreements, distribution agreements, and licensing agreements.

Many types of information can be the subject of trade secret protection. Trade secret protection sometimes is more desirable than patents or other forms of intellectual property protection that may require public disclosure.

Problems commonly faced by clients include the misappropriation and unauthorized disclosure of trade secrets by former employees, vendors, contractors and competing businesses. Protection of trade secrets embodied in computer programs is often an important part of a client's intellectual property protection program. Protection of trade secrets and the avoidance of infringement of the trade secrets of others are important aspects of the firm's practice as well.

Trademarks

Optima Law Group has an extensive trademark practice involving both protecting the worldwide trademark rights of U.S. clients, and protecting the U.S. trademark rights of foreign companies doing business in the U.S. Our attorneys are familiar with the trademark laws of most major industrialized countries and thus are able to protect clients' rights worldwide in cooperation with a global network of foreign associates.

In the U.S., trademarks and service marks can include words, designs, logos, and "trade dress" such as product packaging and product shapes. The U.S. has a three-tiered trademark system of common law, state and federal trademark rights. Consequently, a thorough trademark search can be one of the most complicated areas of the trademark practice.

Our attorneys also have considerable experience practicing before the Trademark Trial and Appeal Board in inter partes actions, such as oppositions, cancellations and concurrent rights proceedings. In such proceedings, the firm's trademark attorneys have represented numerous clients in connection with trademark infringement disputes. In addition, our firm also has an extensive practice in trademark licensing, unfair competition, trade dress and false advertising.