What is a Copyright?

What is a Copyright?

A copyright is a form of ownership and legal protection for “original works of authorship.” The copyrighted work must be in tangible form. The Copyright Act generally gives the owner of the copyright the exclusive right to reproduce, prepare derivative works, distribute copies, publicly perform, or display the work of artistic expression. In cases of “works for hire” the employer and not the employee is considered the owner of the copyright.

Copyrightable works include the following categories:

  • literary works
  • musical works, including any accompanying words
  • dramatic works, including any accompanying music
  • pantomimes and choreographic works
  • pictorial, graphic, and sculptural works
  • motion pictures and other audiovisual works
  • sound recordings
  • architectural works

These categories should be viewed broadly. For example, computer programs and most “compilations” may be registered as “literary works”; maps and architectural plans may be registered as “pictorial, graphic, and sculptural works. Several categories of material are generally not eligible for federal copyright protection. These include among others:

  • Works that have not been fixed in a tangible form of expression (for example, choreographic works that have not been notated or recorded, or improvisational speeches or performances that have not been written or recorded)
  • Titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents
  • Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation, or illustration
  • Works consisting entirely of information that is common property and containing no original authorship (for example: standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common sources)

What is a Trade Secret

What is a Trade Secret?

The modern definition of trade secret encompasses any information that can be used in the operation of a business or other enterprise and that is sufficiently valuable and secret to afford an actual or potential economic advantage over others.

The law provides protection for trade secrets if certain legal requirements are met. However, unlike patents, copyrights and trademarks, there is no office or agency where you can file a trade secret application, obtain a review by a qualified examiner, and be issued an official trade secret certificate.

The legal protection of trade secrets instead requires self-administration by the trade secret owner. And trade secrets, once lost, are lost forever.

Intellectual Property and Industries Involved

At the Forefront of Cutting-Edge Technology Influencing Your Business and Industry

What is intellectual property? Intellectual property consists of patents, trademarks, copyrights, trade dress, trade secrets, and the like that constitute valuable and protectable knowledge that a person or business may possess. Although the value is generally in the application of the idea in commerce, the property itself is often identified by a written document (a patent, a license agreement, or a trademark) and the differences described between the improvement and the “prior art.” Prior art is described as that which was already known before the development of the intellectual property.


Biotechnology is a rapidly expanding area, both in industrial and academic research environments. The potential for innovation is huge! With such innovation comes investment in research, and naturally, the expectation of reward. To protect the often considerable financial input required for biotechnological research, patent protection for the results is increasingly sought.

To be eligible for patent protection, biotechnological inventions must meet the same criteria as any other patented invention, i.e., the invention must—

·         be novel

·         involve an inventive step

·         have an industrial application

Additionally, under the Budapest Treaty, certain biotechnological inventions, i.e., micro-organisms, require a sample to be deposited at one of a number of designated depositories in addition to their description. The U.S. (as well as the U.K.) is a signatory of the Budapest Treaty, which allows for a single deposit to be considered when applying for a patent for a micro-organism.


Micro-organisms are commonly patented, including new species or strains, which have often been genetically engineered to include a specific gene or genes required for a particular metabolic pathway. Within Europe,
the term “micro-organism” extends to cover bacteria, yeast, fungi, algae, protozoa, plan cells, and generally
unicellular organisms propagated and manipulated in the laboratory. The U.S. definition is broadly similar, however, the precise protection available may vary in each country.


Plant Variety Rights

In the past, breeding new plant varieties by traditional methods via large-scale production in the search for pest resistant crops made it easily foreseeable that some form of protection needed to be provided. As a direct result, “plant variety rights” were granted. A plant variety right is basically an alternative form of an industrial property right created to protect specific varieties produced using traditional breeding methods. Plant variety protection is not as broad as patent protection as it specifically protects only the variety in question.

The European Patent Convention excludes the patenting of plant varieties. However, it is encouraging to note that a patent claiming a transgenic plan has been granted by the European Patent Office, thus opening the way for further European patent protection of transgenic plants. In addition to the U.S., patent protection is available for plant varieties and transgenic plants in other countries of the world, such as Japan and Australia. The precise protection varies in each country.

Method of Plant Culture

Patent protection can be obtained in the U.S. and Europe for methods of plant culture, such as methods involving the use of certain plant hormones and particular sucrose concentrations or by using a defined osmotic pressure in tissue cultures.


Many genome sequencing projects have been the subject of patent applications. To be successful, the sequence requires an associated function and industrial application, thus the information concerning the associated gene function, including protein sequence structure, activity, molecular mass, etc., should be included in the application. Gene functions for industrial application extend to include the use of particular enzymes providing an advantage in carrying out a reaction over existing methods or enhancing an existing process.
Plasmids and other transposable genetic elements are included in DNA sequences which may be patented, but these are generally considered micro-organisms for the purpose of gaining patent protection.

Additionally, under the Budapest Treaty, micro-organisims, require a sample to be deposited at one of a
number of designated depositories in addition to their description. The U.S. (as well as the U.K.) is a signatory
of the Budapest Treaty, which allows for a single deposit to be considered when applying for a patent for
a micro-organism.

Pharmaceutical and Chemical

We represent research, technology and development clients in the organization and operation of their companies, as well as in the protection and commercial applications of their technologies. We provide services
to clients in these diverse areas:

  • Colloidal Chemistry and Polymerization
  • Pharmaceutical Production Process Improvement
  • Chemical Engineering
  • Solvent Extraction Methodology
  • Organic and Inorganic Chemistry
  • Industrial Chemicals
  • Material Sciences
  • Pharmaceutical Chemistry and Delivery Systems
  • Biochemistry and Stereo-Chemistry
  • Metallurgy
  • Physical and Natural Products Chemistry

Applications Expertise

  • Seldane, Aspirin and Salicylic Acid
  • Assays
  • Atomic Absorption Spectroscopy
  • Biocompatible Polymeric Materials for Local Delivery of Therapeutic Agents
  • Colloidal Chemistry and Polymerization
  • Content Uniformity Determination
  • Food Handling, Beverage Package (considerable experience with Aseptic Systems)
  • Gas-Liquid Chromatography
  • Gravimetric Methods of Analysis and Method Development
  • Solvent Extraction Methodology
  • Titrimetric Analysis

Process Improvements Expertise

  • Engineering Thermoplastics Production(Polycarbonate and ABS)
  • Latex Product Performance and Production Process Improvements
  • Pharmaceutical Production Process Improvements
  • Processes for Disposition of SiO-Based Insulator Coatings on Silicon Substances for Optoelectrical Device Applications

Medical Apparatus and Methods

Patent protection can be obtained for many biophysical inventions used in the clinical environment, including:

  • Feeding and Medication Introduction Devices
  • Sustained Delivery Systems
  • Composition and Delivery Methods
  • Medical Agent Carrier Systems
  • Orthopedic Devices and Accessories for the Physically Disabled
  • Compositions and Methods for Treatment of Skin Irritations
  • Novel Fractionating Methods for Separating Specific Compounds
  • Novel Medical Device Surface Coatings

Applications Expertise

  • Endotracheal Tube and Medication Introduction Device
  • Sustained Delivery System for Therapeutic Agents
  • Antibiotic Composition and Delivery Method
  • Semi-Solid Therapeutic Agent Carrier System (Technician’s Caddy)
  • Attachable Compartment Device for Walkers
  • Solution to Eliminate Razor Burn
  • Composition and Method for Treating Diaper Rash
  • Sleep Detection and Driver Alert Apparatus


E-Business has become one of the most rapidly growing industries. As web site, software, and e-business companies grow, so does their need for patent protection. We will provide services to clients in a wide range of software technology including:

  • Computer Telephony
  • Domain Name Protection
  • Electronic Commerce
  • Rights Acquisition
  • Web Site Development Management
  • Encryption Matters
  • Electronic Data Interchange
  • Export Regulation
  • Privacy
  • Telecommunications
  • Content Regulation


The electronics industry—The business of creating, designing, producing, and selling devices such as radios, televisions, stereos, computers, semiconductors, transistors, and integrated circuits. Advances in the field of electronics have played a key role in the development of space technology and satellite communications; revolutionized the computer industry; and transformed life at home, the office, and factory. Worldwide electronic sales were nearly $700 billion in 1997 and have grown steadily each year. We provide services
which include:

  • Electrical Synchronization Circuitry
  • Distributive Process Control, PLC Integration, Data Acquisition, and Fiber Optic Communications
  • Electronic Appliances and Goods
  • Electronically Sanitized Medical Devices
  • Fiber Optic Signal Transmission and Intercommunication for Distributive Process Control and Optic Signal Amplification and Attenuation Correction
  • Industrial and Commercial Automation Equipment
  • Remote Optical Sensors and Signal Transmission
  • Electro-mechanical Control System Designs
  • Remote Sensor and Communication Systems and Devices
  • Voice and Data Transmission, Communication, and Switching
  • Weather Radar Imaging and Interpretation System

Consumer Products

Consumer products generally include both mechanical and electrical components but tend to create the need for particular expertise in analysis, drafting, and prosecution. Focus is placed on the special needs of clients who sell products to retail consumers, businesses, and manufacturers. Although the classifications are broad, they include:

  • Automotive Aftermarket—Semi-Truck Trailer Accessory, Wheel Alignment Machine, Portable Winch Assembly with Hydraulics
  • Electronics—Video Arcade Accounting System, Camcorder Portable Table-Top Stand, Computer Cable Storage and Decorative Devices
  • Hardware—Adjustable Shovel Tool for Removing Roof Shingles, Welding Chipping Tool, Multi-Functional Cutting Tool for the Sheetrock Industry
  • Health and Beauty Aids—Tangle-Free Hair Brush, Non-Electrical Massaging Device with Rolling Agitator, Customizable Arch Supports
  • Home and Garden—Cookware Lid Organizer, Pet Food Dish, Humorous Child Aerosol Spray with Bubblegum Fragrance, Improved Mousetrap
  • Sports and Leisure—Baseball team Clapping Puppet, Hunter’s Tree Support, Fishing Lures of Assorted Types, Bait and Tackle Compartmentalized Lighted Box
  • Toys and Novelties—Variety of Board Games for All Ages, Lotto Number Selection Device, Ethnic Heritage Stationery, Plush Toy Designs

The Law Offices of J.D. Gugliotta recognizes the need for intellectual property representation in all types of industries and businesses. For that reason, our attorneys are experienced in a broad range of scientific disciplines to help you with your innovation.

Practice Areas

The following is a list of the professional services provided by the Patent, Copyright & Trademark Law Group, LLC. Please see below for a detailed description of each service.

Provisional Patent Legal Filings

Continuation/Continuation in Part Patent Legal Filings

Utility Patent Legal Filings

Virtual Prototyping

Communications Services

Funding Solicitations Development Services

There are many design, development, production and marketing steps needed to launch a new product from idea through commercialization. These services listed above are commonly requested by our clients, and we can provide these on a fixed-fee basis. Other services may be desired, requested, or necessary on a case by case basis.

Patent Case Studies

Case Study #1 — Home and Garden

Thermal Insulated Windows

Inventor has much experience in window extrusion industry, particularly, in the sales and marketing of equipment for the manufacture of Insulating Glass Units. Inventor drafted a hand-written provisional patent and filed it himself. Thereafter, inventor contacted Attorney Gugliotta to represent him in licensing negotiations with Fortune 50 company. Negotiations resulted in over $250,000 of licensing revenue for inventor. However, one year later, Licensee’s in-house attorney was having difficulty obtaining required patent protection. Attorney Gugliotta was again retained to overcome the problems with obtaining strong, broad, and valid intellectual property protection. World-wide patents were thereafter filed, and a eventually a new company, Vertical Ventures V-5, LLC was formed as a joint venture that has generated additional licensing revenue in excess of $250,000. An exit strategy is being positioned for a company
buy-out by one or several venture partners. Worldwide markets are available.

Result: On nominal investment (legal only), Inventor has received more than $600,000 to date.

Case Study #2 — Health and Beauty Aids

Portable Paper Bibs on a Roll

Inventor is former Mrs. USA and model. After having first child, came up with idea when using paper towels as “bibs”. After doing market study, design development, manufacturing sourcing, and supply negotiations, Client achieved an interim level of success with several regional distribution agreement. Finally, obtain placement with Wal-Mart, which volume allowed the manufactured cost to be reduced dramatically and generate $100,000 per month of revenue. Current interest surrounding this company
as a Merger/Acquisition target.

Result: After 7 years of development and $50K investment, business has national distribution selling 100K units per month.

Case Study #3 — Toys & Novelty

Inflatable Baseball Glove

Inventor had Novelty item design for inexpensive ‘balloon’ type baseball glove. Contacted SAI and Attorney Gugliotta to perform legal protection and industry submission search for potential manufacturer. SAI found Bollinger Industries, LP of Texas.

Result: A license agreement was negotiated requiring $45,000 minimum guaranteed royalty over
2-1/2 years.

Case Study #4 — Hardware

Spring-Loaded Paper Towel Holder

Inventor contacted SAI and Attorney Gugliotta to perform legal protection and industry submission search for potential manufacturer. SAI found specialty kitchen stores in California, New Zealand and Australia. Pending distribution with Bed, Bath, and Beyond. This is a premium priced product.

Result: Returned in excess of 10x investment and has generated market channels prepared to accept distribution of other, similarly targeted products.

Case Study #5 — Industrial

Corrugated Cardboard Pallet

SAI was contacted to do market study, design development, manufacturing sourcing, and supply negotiations. Client achieved an interim level of success with U.S. Distribution. Manufacturing and distribution facility formed in California in Joint Venture (LLC) with current wood pallet manufacturer. Currently building licensing and distribution channels in Europe, Canada, Mexico.

Result: Company recently sold for over $1MM and generates “lifestyle” employment for inventor and
his family.

Case Study #6 —  Sports and Leisure

Chin Skins™

Inventor has padded chin guard, sold to many college and professional football and hockey teams. Although a low-dollar specialty item, product is consumable, and allows sports equipment managers to keep chin straps in better condition longer (saving money on equipment repairs). SAI was contacted to do market study, design development, manufacturing sourcing, and supply negotiations. SAI obtained distribution arrangement as well as direct sales to local sports teams.

Result: Product is placed at Professional and College level with sales approximately $50K annually. Product is in need of regional distribution arrangements that would allow for widespread entry into high-school markets. Inventor’s personal situation prevents such growth, but client is working with Capture Group to further develop regional distribution or, alternately, product divestiture.

Case Study #7 — Apparel

Reversible Denimwear

Inventor was buyer, designer in fashion industry. SAI was contacted to intellectual property protection
and licensing negotiations. Products are pants, jackets, and vests that can be worn inside or out, each
side being fashionable and aesthetic. Inventor has defended his designs against the competition with high 5-figure settlements.

Result: Has sold more than $500,000 worth of product through many major malls and retailers. Big in Asia, and has licensed to large Japanese jean company. Looking to become “house” brand for box-store retailer.

Case Study #8 — Medical

Delivery System for Therapeutic Agents

Inventor performed PhD level research on Semisolid Therapeutic Delivery System And Combination Semisolid, Multiparticulate Therapeutic Delivery System For Therapeutic Agents. Contacted Attorney Gugliotta to obtain intellectual property protection and aid in first level investment for completion of
clinical trials.

Result: Currently pending multi-million dollar joint venture deal for financing clinical trials and
product approval.