Patents

What is a Patent?

A patent is a form of intellectual property granted by the United States Government, providing the inventor with the exclusive right to prevent others from making, using, selling, or importing the patented invention within the United States for a specified period. In return, the inventor must publicly disclose the details of the invention.

There are three primary types of patents:

Utility Patents: Granted for new and useful processes, machines, articles of manufacture, compositions of matter, or any new and useful improvements thereof. This is the most common type of patent. [Learn more about the utility patent process here.]

Design Patents: Granted for new, original, and ornamental designs for articles of manufacture. These patents protect the unique appearance or design of a product.

Plant Patents: Granted for anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.

Patent Services

At Quantum Data Privacy, we offer a comprehensive suite of patent services to support your innovation journey:

Prior Art Searching: Conduct thorough searches to ensure your invention is novel and non-obvious, reducing the risk of infringement and enhancing the strength of your patent application.

Patent Application Drafting: We draft both provisional and non-provisional patent applications, ensuring clarity and precision to meet the stringent requirements of the USPTO.

Patent Disputes: Our team provides expert legal assistance in resolving patent disputes, including infringement litigation and defense, to protect your intellectual property rights.

Privacy

Navigating Complex Privacy Regulations

U.S. Privacy

U.S. privacy law is a complex web of federal, state, and local regulations. Key federal statutes include:

Gramm-Leach-Bliley Act (GLBA)

Health Insurance Portability and Accountability Act (HIPAA)

Fair Credit Reporting Act (FCRA)

Family Educational Rights and Privacy Act (FERPA)

Children’s Online Privacy Protection Act (COPPA)

Federal Trade Commission Act (FTC Act)

While there is no single federal law comprehensively regulating personal data collection and use, various state laws regulate nearly all forms of personal data within their jurisdictions. Notably, HIPAA protects health records and other identifiable health information, known as protected health information (PHI).

Our Expertise Includes:

HIPAA: Advising on compliance and crafting Business Associate Agreements (BAAs)

FCRA: Guiding on credit information collection and consumer credit report access

GLBA: Providing advice for financial institutions and their vendors

Privacy Policies: Developing employee-facing and customer-facing privacy policies

State Compliance: Developing programs for the California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), and various state data security laws

European Data Protection

The European Union’s GDPR and the data privacy laws of individual European nations are among the strictest globally, imposing high fines for non-compliance.

Our Expertise in European Data Protection:

GDPR Compliance: Insight into data processing principles, GDPR scope, consent, legitimate interests, and special categories

Data Subject Rights: Advising on privacy notices, transparency, and data subject rights

International Data Transfers: Guidance on compliance with international data transfer regulations

Employee Data: Advising on processing employee data, surveillance, and marketing considerations

Security of Processing: Implementing controls, mechanisms, and data breach notifications

Accountability: Supporting data protection by design and default, conducting data protection impact assessments, and defining data protection officer roles and responsibilities

Certifications:

IAPP Certified Information Privacy Professional/Europe (CIPP/E)

IAPP Certified Information Privacy Manager (CIPM)

IAPP Certified Information Privacy Technologist (CIPT)

Trademark Services

What is a Trademark or Service Mark?

Trademark: A trademark is a word, phrase, symbol, design, or a combination thereof, that identifies and distinguishes the source of the goods of one party from those of others.

Service Mark: Similar to a trademark, a service mark identifies and distinguishes the source of a service rather than goods.

In this context, the terms “trademark” and “mark” refer to both trademarks and service marks.

Our Trademark Services

At Quantum Data Privacy, we offer a comprehensive range of trademark services to protect and enhance your brand identity:

Trademark Clearance Searches: Conduct thorough searches to ensure your trademark is unique and not infringing on existing marks.

Filing of Trademark Applications: Assist with the preparation and filing of trademark applications to secure your brand’s legal protection.

Trademark Infringement and Dilution Claims, Remedies, and Defenses: Provide expert legal support for addressing trademark infringement and dilution issues, including pursuing remedies and mounting defenses.

Extraterritorial Application of the Lanham Act: Navigate the complexities of applying U.S. trademark law internationally to protect your brand beyond domestic borders.

Trademark Cease and Desist Letters: Draft and send cease and desist letters to address unauthorized use of your trademarks.

Brand Protection Online: Enforce your trademark rights in the digital space, including services under the Anticybersquatting Consumer Protection Act.

Uniform Domain Name Dispute Resolution Policy (UDRP): Handle disputes over domain names to protect your brand online.

Contact us to learn how we can help you safeguard your trademarks and build a strong, recognizable brand.

Technology Transactions

Comprehensive IT Agreement Services

I specialize in drafting and negotiating a wide range of information technology agreements, including:

Software Licenses: Ensuring your software usage rights are clearly defined and protected.

SaaS and Cloud Computing Agreements: Crafting contracts that address the unique aspects of cloud-based services.

Domestic and Foreign Outsourcing Contracts: Facilitating efficient and legally sound outsourcing arrangements.

IT Distribution Agreements (VAR, OEM): Structuring agreements for value-added resellers and original equipment manufacturers.

Joint Development Agreements: Supporting collaborative technology development projects with clear and effective contracts.

Data Licenses: Securing the legal framework for data usage and sharing.

IT Professional Services Contracts: Defining the terms for professional IT services engagements.

Sales of Hardware: Drafting agreements for the sale and distribution of IT hardware.

Open Source Software Licensing

I provide expert advice on the complexities of open source software licenses, particularly copyleft licenses. My services include:

Program Development: Crafting comprehensive programs to ensure appropriate use of copyleft software.

Risk Mitigation: Strategies to avoid inappropriate use and manage potential legal risks.

Segregation of Software: Techniques to segregate viral-licensed software from other applications, preventing unintended license obligations.

Contact us to discuss how we can assist with your IT transactions and ensure your agreements are robust and compliant with all relevant legal requirements.

E-Commerce and Internet Business

Expertise in E-Commerce Legal Issues

I specialize in addressing legal issues specific to e-commerce and Internet-based businesses. My expertise includes:

Data Security: Advising on best practices and legal requirements for securing online data.

Online Trademark and Copyright Issues: Handling trademark and copyright matters, including fair use and infringement.

Spam Law: Providing guidance on compliance with regulations governing unsolicited communications.

E-Commerce Contract Services

I negotiate and draft a variety of e-commerce contracts to support your online business operations, including:

Internet Collocation and Hosting Agreements: Structuring agreements for web hosting and server collocation services.

ISP Terms of Service: Drafting clear and enforceable terms of service for Internet Service Providers.

Online Service Level Agreements (SLAs): Ensuring service providers meet their commitments with well-defined SLAs.

Acceptable Use Policies (AUPs): Creating policies to regulate the acceptable use of online services.

Link-Exchange Agreements: Facilitating mutually beneficial link-exchange arrangements to enhance online presence.

Contact us to learn how we can help you navigate the legal landscape of e-commerce and Internet business, ensuring your operations are compliant and secure.

Intellectual Property

Comprehensive IP Advisory Services

I provide expert advice on a wide range of intellectual property issues, ensuring your assets are protected and managed effectively. My services include:

Trade Secrets Programs: Setting up and maintaining robust programs to protect your trade secrets, including proprietary formulas, R&D, business plans, and other confidential information.

IP Asset Management: Assisting in the protection and maintenance of portfolios of various IP assets, including brands, designs, and new technologies.

Trademark Services: Conducting trademark clearance searches, filing trademark applications, and handling trademark infringement and dilution claims.

Patent Services: Offering prior art searches, patent application drafting (provisional and non-provisional), and addressing patent disputes.

Copyright Services: Advising on copyright registration, fair use issues, and copyright infringement claims.

IP Licensing and Transactions: Negotiating and drafting IP licensing agreements, technology transfer agreements, and other IP-related transactions.

IP Audits and Due Diligence: Conducting comprehensive IP audits and due diligence to assess the value and risks associated with IP assets.

Brand Protection: Implementing strategies to protect your brand online, including addressing issues related to domain names, social media, and digital content.

IP Litigation Support: Providing legal support and representation in IP litigation cases to defend your rights and resolve disputes.

With my extensive experience, I ensure that your intellectual property is safeguarded and strategically managed to maximize its value and impact.