Paul Overhauser

Paul Overhauser

  • Intellectual Property, Patents
  • Indiana, North Carolina, Northern District of Indiana, Southern District of Indiana, US Patent Office
Badges
Claimed Lawyer ProfileQ&ABlawgsearchSocial Media
Practice Areas
  • Intellectual Property
  • Patents
Additional Practice Areas
  • Copyrights
  • Infringement Litigation
  • Trademarks
Fees
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
Indiana
North Carolina
Northern District of Indiana
Southern District of Indiana
US Patent Office
7th Circuit
8th Circuit
9th Circuit
10th Circuit
Education
Indiana University - Indiana University-Bloomington
J.D. / Law
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Honors: cum laude
Purdue University - Purdue University
B.S. / Computer Science
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Purdue University - Purdue University
B.A. / Philosophy
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Awards
"40 Under 40"
Indianapolis Business Journal
"Who's Who in Law"
Indianapolis Business Journal
Professional Associations
Indiana State Bar
Member
Current
Venture Club of Indiana
Director and Past president
Current
Indiana State Bar Association, Intellectual Property Committee
Board, Secretary
Current
Purdue University
Dean's Advisory Council
Current
CERIAS Institute
Board
Current
Indiana Technology Referral Network
Board
Current
Indiana Business Modernization and Technology Corporation
Software Committee
Current
eSMART Corporation
Director
Current
TechPoint Foundation
Director and Secretary
Current
Hancock County Bar Association
Past President
Current
American Intellectual Property Law Association
Member
Current
Indiana State Bar Association
Member
Current
American Association for Justice
Member
Current
Piezotech, LLC
Secretary
- Current
American Intellectual Property Law Association
Member, Service on Various Committees
- Current
Hancock County Bar Association
Finding John Doe-Pursuing Intellectual Property Claims Against and Discovery From Unknown Internet Users
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ICLEF
Critical Intellectual Property Issues for Business Attorneys
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Hancock County Bar Association
Intellectual Property Issues for the General Practitioner
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TechPoint, Inc.
Founder and Director
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ICLEF
Personal Jurisdiction and the Internet
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Indianapolis Business Journal
The Dollars and Sense of an Information Security Practice
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Indianapolis Business Journal
What Does a "Secure" Organization Look Like?
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Indianapolis Business Journal
Information Security - A Huge Potential for CPAs, The Account
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ICLEF
2001 Computer Law Update
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ICLEF
1999 Midwest Intellectual Property Law Symposium
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Indiana State Bar Association
Year 2000 Litigation Update
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ISA
Managing Risk in Software Contracts
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Indianapolis Business Journal
Legal Implications of the Millennium Bug, Year 2000 Proceedings
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Indianapolis Business Journal
The Internet: The Great Equalizer for Corporate Counsel
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Growth 100
Copyright Law Fundamentals
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ISA
Cyberrights and Cybercrime
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ACM/Purdue
The Law of the Information Superhighway
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ICLEF
The Scope of Fair Use and Implied Licenses in Computer Law
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CISI
The Internet for Attorneys
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ICLEF
Trademark Use and Infringement on the Internet
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ISA
Legal Considerations for Doing Business on the Internet
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ICLU
Civil Liberties In Cyberia: Intellectual Property and Electronically Transmitted Information
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Indianapolis CEO
The Information Superhighway: Where Will It Lead?
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Indianapolis Business Journal
Latest Computer Technology Intrudes on Privacy
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ISA
Protecting Your Trademarks on the Internet
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ICLEF
Current Trends in Software Licensing
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ISA
Reverse Engineering and Fair Use in Software Development
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IBJ
Builders and Owners Face New Liabilities From Copyright Changes
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ITVA
"Securing and Enforcing Videotape Copyrights"
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IBMTC
"Software Patents"
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IBJ
"FAX Facts: Translating Business Laws for the Electronic Age"
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Proceedings of the Technology Transfer and Database Tutorial Workshop
"Maximizing Profitability Through Software Licenses"
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U.S. Dept. of Commerce Briefing
"Legal Considerations for Exporting"
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SEF
"Software Piracy"
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SEF
"Software Products Liability"
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U.S. Dept of Commerce Briefing
"Legal Aspects of EC 1992 for Indiana Computer Software, Hardware and Peripheral Manufacturers"
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SEF
"Software Licensing"
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Entrepreneurship
ICLEF "Patents and Trade Secrets"
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Publications
Articles & Publications
Indiana Intellectual Property Law News
Paul Overhauser
Certifications
Registered Patent Attorney
US Patent and Trademark Office
Legal Answers
180 Questions Answered

Q. If I file for a trademark, will the trademark office conduct a search for me?
A: Well, the Trademark Office (either Federal or State) will conduct their own trademark search, but it will not be "for you;" it will be to determine whether your mark is confusingly similar to another registered mark. If they find a conflict, they will reject your application, and you will have lost your filing fee. That is why it is a good idea to do a trademark search before you file, or better yet, before you select your trademark. Paul Overhauser www.iniplaw.org www.overhauser.com 317-891-1500
Q. What is a certification mark?
A: A certification mark is any word, phrase, symbol or design, or a combination thereof owned by one party who certifies the goods and services of others when they meet certain standards. The owner of the mark exercises control over the use of the mark; however, because the sole purpose of a certification mark is to indicate that certain standards have been met, use of the mark is by others. Paul Overhauser www.iniplaw.org www.overhauser.com 317- 891-1500
Q. What is a collective membership mark?
A: A certification mark is any word, phrase, symbol or design, or a combination thereof owned by one party who certifies the goods and services of others when they meet certain standards. The owner of the mark exercises control over the use of the mark; however, because the sole purpose of a certification mark is to indicate that certain standards have been met, use of the mark is by others. Paul Overhauser www.iniplaw.org www.overhauser.com 317- 891-1500
Q. Do I have to register my trademark for it to be valid?
A: No. You can establish rights in a mark based on use of the mark in commerce, without a registration. However, owning a federal trademark registration on the Principal Register provides several important benefits, including: Public notice of your claim of ownership of the mark; A legal presumption of your ownership of the mark and your exclusive right to use the mark nationwide on or in connection with the goods/services listed in the registration; The ability to bring an action concerning the mark in federal court; The use of the U.S. registration as a basis to obtain registration in foreign countries; The ability to record the U.S. registration with the U.S. Customs and Border Protection (CBP) Service to prevent importation of infringing foreign goods; The right to use the federal registration symbol ® and Listing in the United States Patent and Trademark Office’s online databases. Paul Overhauser www.iniplaw.org www.overhauser.com 317- 891-1500
Q. Should I conduct a search for similar trademarks before filing an application?
A: Yes, this is always a good idea. Actually, you should conduct a search before you even start using a mark, to reduce the risk that another trademark owner will send you a "cease and desist" letter after you have invested money in promoting your trademark. Paul Overhauser www.iniplaw.org www.overhauser.com 317- 891-1500
Q. Where can I conduct a trademark search for trademarks for pending applications and federal registrations?
A: A good starting point for conducting a trademark search is the US Trademark Office website, at http://www.uspto.gov/ (then click on Search marks). As you are in Indiana, you can also search Indiana trademarks at http://www.in.gov/sos/business/2374.htm Paul Overhauser www.iniplaw.org www.overhauser.com 317- 891-1500
Q. Will the Patent Office recommend a patent attorney to help protect my invention?
A: No, the Patent Office will not make this choice for you. However, a general attorney may help you in making a selection from among those listed as registered practitioners on the Office roster. Also, some bar associations operate lawyer referral services that maintain lists of patent lawyers available to accept new clients. Paul Overhauser www.iniplaw.org www.overhauser.com 317- 891-1500
Q. Are invention promotion companies reliable and trustworthy?
A: This can't be answered in the abstract - some companies are legitimate and some do a very poor job. No. The Patent Office publishes complaints regarding invention promoters and replies from the invention promoters. Questions or complaints can be sent to Mail Stop 24; Director of the U.S. Patent and Trademark Office; P.O. Box 1450; Alexandria, VA 22313-1450 or call at (703) 306-5568. Paul Overhauser www.iniplaw.org www.overhauser.com 317- 891-1500
Q. Are there any organizations in Indiana that can assist in developing and marketing my invention?
A: Two good groups are the Venture Club of Indiana, www.ventureclub.org; and the Hackers and Founders, www.meetup.com/Hackers-and-Founders-Indianapolis Paul Overhauser www.iniplaw.org www.overhauser.com 317-891-1500
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Social Media
Contact & Map
Indianapolis Office
101 West Ohio Street
Suite 2000
Indianapolis, IN 46204
USA
Telephone: (317) 891-1500
Fax: (866) 283-8549
Greenfield Office
740 W Green Meadows Dr
Suite 300
Greenfield, IN 46140
USA
Telephone: (317) 467-9100
Fax: (866) 283-8549