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July 17, 2023
John Rizvi, Esq.

Can You Get a Copyright to Protect a Recipe? Are Recipes Copyrightable?

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There's increasing concern about the ability for some only vendor to battle patent infringement by a large corporate entity. Especially when the inventor can win at the district and appeal court level only to have the patent validated by P tab, which has an 84% invalidation rate. That's the numbers they've given me. What is your advice to small inventors who have products that are targets for large scale infringement, particularly when they don't have the millions of dollars and years it takes to fight?

Yeah, so there was a there's a wonderful movie that I would recommend for inventors, it's called flash of genius. And it covers the intermittent wiper blade. And how the individual inventor had this this long drawn out battle, I believe, with the car manufacturers over is idea. You know, of course, this movie was is set 3040 years ago. And a lot of people have this perception that patents are still very difficult to enforce for individual inventors. What you need to keep in mind is that the landscape for the individual inventor has completely changed in recent years, because you now have a lot of law firms that are taking these cases on contingency. And if you've heard if you're familiar with contingency fee, lawyers for auto accidents or personal injuries, it's a it's a lawyer that represents you. And you don't pay the lawyer out of pocket, the lawyer is paid from a recovery in personal injury cases. There were not previously there were very few intellectual property attorneys that would venture to take cases on contingency. The landscape has changed. So today, if you have a strong case for patent infringement, I would not give up without pursuing contingency fee litigation to try to get your, your your rights protected, and you wouldn't have to pay out of pocket. Now that's not to say that it's easy to find lawyers that are willing to do this. They're typically very choosy and what cases they take, because they're taking a huge risk that if they lose the case, they don't get paid. So you have to have a solid case. But if you have a strong patent and infringement is clear, there's no reason why lack of funding should stop an inventor from going forward.

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At the law offices of John Rizvi, P.A. - The Idea Attorneys®, we have dedicated our practice exclusively to securing and preserving the intellectual property rights of our clients, including patent, trademark, copyright, trade secret, unfair competition, and franchising matters.
© Copyrights 2024. The Idea Attorneys (The Patent Professor®). All Rights Reserved.


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© Copyrights 2024. The Idea Attorneys (The Patent Professor®). All Rights Reserved.
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