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Frequently Asked Questions

Discover answers to common questions about intellectual property matters and Ludwig APC through our FAQs.

About Ludwig APC

What kind of experience does Ludwig APC have?

Ludwig APC has more than 30 years of collective experience in business, technology, cybersecurity, privacy, and intellectual property law. We have dealt successfully with all aspects of the copyright, patent, trademark, and trade secret processes. This includes bringing dozens of litigation cases to jury verdicts. Ludwig APC.

What types of clients do you work with?

We work with clients of all sizes in diverse industries, ranging from small startups to Fortune 50 companies. They depend on us to assert and defend their IP rights in a variety of industries around the world, including medical devices, wireless and telecommunications technology, software, electronics, consumer products, renewable energy, and defense and military.

What services do you provide clients?

We are flexible. Clients reach out to us for help registering trademarks or patents, or to discuss moving forward with new business ideas or selling products overseas. They contact us when they need help asserting their IP rights against someone who's infringing. We also work with clients accused of infringing someone else's trademarks or patents or trade secrets.

Do infringement cases always go to trial?

Success is not always about bringing a case to trial and getting a favorable jury verdict. Litigation is expensive, time-consuming, and complicated. We weigh the merits of every situation and in many cases settle before trial with good results for our clients.

How aggressively do you fight for your clients?

We like to win, which we define as litigation in the form of a favorable jury verdict, settling before trial, refuting a cease-and-desist letter, or any other way we can help clients successfully assert or defend their IP rights. Whatever the strategy taken, we defend the rights of our clients aggressively and always pursue solutions with the best interests of our clients in mind.

Intellectual Property Questions

Can I copyright or trademark materials created by Artificial intelligence (AI)?

Copyright and trademark laws vary by jurisdiction, but in general, the courts currently grant copyright protection only to human creators. However, human involvement in selecting algorithms, inputs, or overseeing the AI output might be a basis for copyright.

The ability to trademark AI-generated content may depend on whether the content is being used in connection with goods or services and if it meets the requirements for trademark protection. If the AI-generated content is being used to brand products or services in a way that distinguishes them in the marketplace, it might be eligible for trademark protection.

Because the situation related to AI and IP is always evolving, it’s best to consult with an intellectual property expert if you have questions.

How are damages for intellectual property infringements calculated?

The calculation of damages for intellectual property infringements is complex and depends on various factors. Generally, damages aim to compensate the rights holder for the economic harm suffered. Factors such as lost profits, the infringer's profits, or reasonable royalty rates may be considered, with the final amount contingent on the specific circumstances and applicable laws in the jurisdiction where the infringement occurred.

With significant amounts of intellectual property being created these days by teams working for companies, how are the inventors who get credited on patents determined?

When intellectual property is created by teams in companies, inventorship for patents is typically determined based on who made substantial and inventive contributions to the development of the invention. These individuals are identified and credited as inventors on the patent application.

If I can’t register a trade secret like a trademark, how can I protect it?

Generally, the value of trade secrets are protected through confidentiality and security measures rather than through trademark registration. Safeguarding information, limiting access, and having employees sign nondisclosure agreements are common practices to maintain secrecy.

Is it worth it for small companies and individuals to patent their ideas?

Generally, patenting is a good idea to protect innovative ideas. However, the costs and complexity involved should be weighed against potential benefits. Small companies and individuals may want to consider factors such as market potential, competitive landscape, and the likelihood of successful patent enforcement before deciding to pursue patent protection.

How do I know if an idea I have is patentable? When does it become worth it?

To determine if an idea is patentable, consider whether it's novel, non-obvious, and has industrial applicability. The decision to pursue a patent becomes worth it when the potential benefits, such as market exclusivity or licensing opportunities, outweigh the costs of obtaining and maintaining the patent. Evaluating the idea's market potential and competitive landscape can help you make an informed decision.

At what stage should I or can I control the commercial use of my identity, such as my name, image, likeness?

You can control the commercial use of your identity, including your name, image, and likeness, once you establish a right of publicity. This often occurs when you become a public figure or create a distinctive personal brand. Consult with legal experts to understand the specific rights and protections available in your jurisdiction.

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