Steps For Getting A Patent

By: Michael J Foycik Jr.
Nov. 10, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.

Steps For Getting a Patent

These are the basic steps for getting a patent.

First, file a patent application which describes and claims the invention.

Then, respond to any official actions received from the U.S. Patent Office. If the official action is a rejection, then a response will provide arguments in support of patentability and possibly changes to the claims.

Assuming the application is deemed patentable (the majority are), then a Notice of Allowance and Issue Fee Due is sent. Upon payment of the issue fee, a patent will issue.

It is that simple. This whole process can take anywhere from 12 months to 36 months, depending entirely on the U.S. Patent Examiner to which the application is officially assigned.

A more detailed explanation is as follows.

Preparing the patent application
First, you provide details about the invention, and we prepare a draft application together with draft drawings, for your review. This draft includes the claims, abstract, summary of the invention, background of the invention, and detailed description of the invention. We make any changes or additions you wish to make, at no additional charge. We charge half of the fixed service fee in advance for this draft.

Read more >> http://internationalpatentservice.com/steps-for-getting-a-patent.html

What You Should Know about Intellectual Property

By: Steve Cartwright

Modern technology has made it so much easier to get your materials out there. You can share ideas and pictures with the whole world and use it to make money. But just as it’s easier to share, it’s also easier to steal. That’s why it’s important to know the laws and protect yourself.

Before we talk about the laws behind intellectual property, we should probably talk about what intellectual property is. Intellectual property is anything that comes out of your head, whether it be an idea, writing, art, or a picture.

Just because someone can reproduce what you make doesn’t mean it’s legal for them to do so. Intellectual property can usually be divided into four categories: patents, trademarks, copyrights, and trade secrets.

While you’re likely heard all these terms, here’s a quick breakdown of exactly what they mean.

* Copyright. This protects items that are produced by the imagination, but are tangible, like books and songs. To be protected, you must apply for a copyright, which requires you to fill out forms, pay a fee, and provide a copy.

Read more >> https://website-designs.com/website-design/what-you-should-know-about-intellectual-property/

How to Get a Patent

By: Michael J Foycik Jr.
Nov. 5, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.

How to Get a Patent

How to get a Patent? That’s a good question! The short and long answers are below.

The short answer is : In the US, file a US Utility Patent Application, or a US Design Patent Application. Note that a US Provisional Patent Application does not become a US Patent, but does give “patent pending” status.

And, do you need a US Patent Attorney? Yes and No. In theory, a patent application can be filed by the inventor. Due to the great number of legal technicalities and chances of losing rights by use of poor legal language or by failing to add the right legal language, most authorities believe it is by far the best course of action to have a US Patent Attorney prepare the patent application. Some very experienced inventors might prepare their own patent applications, although that is not common.

The longer answer is:

These are the basic steps for how to get a patent. For a Utility Patent, the goal is to get broad claims allowed by the US Patent Office, and which become part of an Issued Patent. The claims define the scope of what is legally protected by the issued patent.

The inventor should write a description of the invention, and make sketches or drawings which can show the invention. The description and drawings do not have to be very detailed, as long as they clearly explain what the inventor believes is new.

Read more >> http://internationalpatentservice.com/how-to-get-a-patent.html

Why Is Every Startup A Bank These Days?

By: Alex Wilhelm, Natasha Mascarenhas
Nov. 3, 2019

Neo banks (a fancy term to describe upstart digital banks working on everything from savings and checking accounts to mobile debit cards) focus on bringing banking services to users both underbanked and not.

But, notably, it’s not just startups that started off life looking to build a neo bank who are building out banking-like services. In fact, so many startups are racing to offer banking tools that an early outline of this piece had to be amended to break the examples into several sections for the sake of bucketing and clarity.

In the coming weeks, we’ll explore more deeply why the startup banking gold-rush is under way. Today we’ll lay out the players and talk over the broad strokes of what’s going on.

Recent News

News broke earlier this month that Chime, a well-known startup that we’ve covered before, is in the process of raising new capital at what Axios pegged as a “valuation north of $5 billion.” The news wasn’t too surprising. Chime has been on a tear lately, raising a $200 million round this March, and $70 million the preceding May.

Read more >> https://news.crunchbase.com/news/why-is-every-startup-a-bank-these-days/

How Much Does A Patent Cost?

By: Michael J Foycik Jr.
Oct. 31, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.

How much does a patent cost?
We try to keep your costs as low as possible, and as affordable as possible. We provide flat fee estimates in advance, at no charge to you.

In the simplest cases, where the invention is easy to describe or show in a few figures of drawing, patent application can be prepared for as little as $1800, with a government filing fee of $540 for a small entity (this cost is slightly less for electronic filing).

The formal drawings, if needed, can usually be obtained for less than $150 per sheet. One sheet might have several figures on it, depending on the complexity of the invention, thus saving money.

If the patent application is granted, the government charges an issue fee of $755 and publication fee of $300. A service charge of $80 is added for attending to preparing and filing the Issue Fee Transmittal.

The U.S. Patent Office examines the patent application and finds any relevant prior art. If the prior art is sufficiently close, they will make a rejection. A response can be filed, usually at a cover of $350 to $450. Every case is different; some are allowed without needing such an amendment or response. In some cases, a further response is necessary or desirable, and the cost is normally somewhat less than $350.

Read more >> http://internationalpatentservice.com/how-much-does-a-patent-cost.html

U-M Tech Transfer Sets Records for Startups, Licenses, Patents, and Disclosures in 2019

By: Tim Keenan

The University of Michigan Tech Transfer in Ann Arbor today reported that 22 high-tech companies were started at the school during fiscal year 2019, up from 21 last year.

U-M Tech Transfer is the university unit responsible for commercializing research discoveries emanating from the college. U-M has spun off 86 companies in the past five years.

Also during the past fiscal year, the university signed a record 232 license and option agreements with companies seeking to commercialize U-M research, up from 218 in FY2018.

In addition, U-M Tech Transfer reports that 198 U.S. patents were issued in FY2019 for inventions created at U-M, up from 183 last year.


U-M invention disclosures surpassed 500 for the first time, reaching 502 and outpacing the 2018 record of 484. This represents a solid pipeline for potential future patents, licensing agreements and startups, according to Kelly Sexton, associate vice president for research-technology transfer and innovation partnerships at U-M. In the past five years, U-M researchers reported 2,280 inventions.

Read more >> https://www.dbusiness.com/daily-news/u-m-tech-transfer-sets-records-for-startups-licenses-patents-and-disclosures-in-2019/

Steps For Getting A Patent

By: Michael J Foycik Jr.
Oct.23, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.

Steps For Getting a Patent

These are the basic steps for getting a patent.

First, file a patent application which describes and claims the invention.

Then, respond to any official actions received from the U.S. Patent Office. If the official action is a rejection, then a response will provide arguments in support of patentability and possibly changes to the claims.

Assuming the application is deemed patentable (the majority are), then a Notice of Allowance and Issue Fee Due is sent. Upon payment of the issue fee, a patent will issue.

It is that simple. This whole process can take anywhere from 12 months to 36 months, depending entirely on the U.S. Patent Examiner to which the application is officially assigned.

A more detailed explanation is as follows.

Preparing the patent application

First, you provide details about the invention, and we prepare a draft application together with draft drawings, for your review. This draft includes the claims, abstract, summary of the invention, background of the invention, and detailed description of the invention. We make any changes or additions you wish to make, at no additional charge. We charge half of the fixed service fee in advance for this draft.

Read more >> http://internationalpatentservice.com/steps-for-getting-a-patent.html

How to protect your Intellectual Property as a startup or scale up

By: Chloe Mckenna

It's so easy to overlook your intellectual property when you're a startup. Even companies who've been in business for a while but are scaling up can easily forget just how important it is to protect yourself and your business. So, how do you even begin to go about protecting it and what's involved?

Your intellectual property is one of your most valuable assets. Not only does it give your company its true value, but it also helps create brand recognition and sets you apart from your competitors. Without it, you can't differentiate yourself from the rest. So that's why business owners are realising just how valuable it is and taking steps to protect it.

So it's no surprise that legal claims made over the last 12 months by small to medium enterprises have risen significantly by 68%. If you're new to business and have no clue how to even register your intellectual property, read on to find out.

Read more >> https://www.capalona.co.uk/blog/how-to-protect-your-intellectual-property-as-a-startup-or-scale-up/

International Trademark Classes

By: Michael J Foycik Jr.
Oct.20, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.

International Trademark Classes

INTERNATIONAL TRADEMARK CLASSES OF GOODS AND SERVICES
GOODS
Class 1 - Chemicals
Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry.

Class 2 - Paints
Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists.

Class 3 - Cosmetics and cleaning preparations
Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.

Class 4 - Lubricants and fuels
Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles, wicks.

Read more >> http://internationalpatentservice.com/trademark-classes.html

Intellectual Property – how to identify it, capture it, articulate it and capitalize it

By: Afshin Doust

Intellectual Property (IP) refers to an innovation of the mind, and as such it encompasses creative ideas permeating the worlds of art and commerce. Originality is its substance; teleology is its element.

IP represents a specific category of property comprising intangible products of intellect which fall into two broad categories.

> Industrial knowledge—examples include patents, trademarks and industrial designs, for which creators can file an application asking government to register innovations as their exclusive property.
> Copyrighted material—examples include literature, film, television programming, works of art, web content, software, music and architecture, the creation of which qualifies for automatic legal protection within most jurisdictions.

As the Fourth Industrial Revolution gains momentum, innovators are facing more competition as well as increased time constraints.  R&D remains essential to progress, but the shrinking world of information exchange and the re-emergence of consumers as economic commanders has shifted productive efforts away from foundational research and toward optimizing Time To Market (TTM) metrics. The open innovation platforms of last century are yielding to lean business processes and open-source experimentation where both costs and benefits are shared among multiple stakeholders.

Read more >> https://www.ai-systems.ca/2019/10/intellectual-property-how-to-identify-it-capture-it-articulate-it-and-capitalize-it/

How to Patent a Design

By: Michael J Foycik Jr.
Oct. 17, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.

A design
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.

A design is anything which is not functional. A casing or cover for a working device can be a design. Other things can be designs too. A design can best be protected by a design patent application, and usually costs much less to file than a utility (“regular“) patent application. Even the government filing fee is much lower for a design patent application.

What is needed to get a design patent application? You will normally need drawings showing the design from six different orthogonal views. The application itself is very short, and has text naming the invention, describing the drawings, and ending with a claim. The drawings do not need to be like blueprints; instead, they are simplified. And, it is not necessary to have a working model.

Once filed with the US Patent Office, the design application is examined, and if granted, can mature into a design patent. But why get a design patent? For one thing, a design patent protects not only the design itself, but all obvious variations that are not within the public domain already.

Read more >> http://internationalpatentservice.com/How-to-Patent-a-Design.html

Intellectual Property Law: 5 Imperative Things Startups Need to Know

By: Kashish IPR

Intellectual Property (IP) appears to be one of the most valuable assets for almost every startup. That’s why many startups put the Intellectual Property Protection on top of their priorities. In addition to protecting products and services, these protections can influence the owners’ confidence and fundraising efforts. In other words, IP protection bestows businesses and entrepreneurs with a tremendous sense of confidence and passion to not only succeed but also become a leader in the relevant area.

Like other entrepreneurs and businesses, you must also want to achieve long-term success and secure your valuable ideas, products, or more under IP protection. Well, if it is true, then there is a need to familiarize yourself with some significant components of Intellectual Property Law.

Top 5 Things Startups Need to Know About IP Law

> Types of Intellectual Property Rights (IPRs)

In the IP industry, there are many types of IPRs. Each of these rights safeguards a specific category of assets. In general, IPRs fall under four categories named as patents, trademarks, trade secrets, and copyrights. Patents empower the original inventor to prevent others from copying, making, or selling his invention. Copyrights provide the exclusive rights to protect original works of authorship such as literature, images, or software. Trademarks secure the unique words, symbols, and designs that distinguish your brand from others. Trade secrets come into action when you hold any special “secret” manufacturing method that gives your startup a competitive advantage in the marketplace.

Read more >> https://kashishipr.wordpress.com/2019/10/14/intellectual-property-law-5-imperative-things-startups-need-to-know/

How to Patent a Program

By: Michael J Foycik Jr.
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.

A program
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent. A computer program can be copyrighted, but it can also often be patented. The types of protection are very different. Specifically, the inventive steps of the program can be patented, and because of this the patent can provide protection far beyond just the specific program language used.

First, a drawing is made showing the most important steps of the program as a flowchart diagram. It is usually not necessary to give every detail of the operation of the program; instead, the main features should be illustrated. The program should be protected by a utility patent application, since that will cover any type of program language. This is also sometimes called a “regular” patent application. The program steps can be explained in words and by the flowchart drawings. The drawings do not need to be like blueprints. And, it is not necessary to have a working program, as long as the steps could be followed by a skilled programmer.

This is a good point to mention that there is also something called a “provisional patent application” that gives patent pending status for one year, permitting a utility patent application to be filed at any time during that year. This is much less expensive, and is recommended when there is an urgent need to get something one file, for example just prior to a trade show or publication. Further below, there is a section called “How to patent using a provisional patent application.”

Read more >> http://internationalpatentservice.com/How-to-Patent-a-Program.html

Trademark, Patent, and Copyright: What’s the difference and does my business need them?

By: Jesse

You’ve likely heard the words trademark, patent, and copyright. Have you ever wondered what the difference is and if you will need any of these when you’re starting a business? We are going to break it down for you so you know exactly what they are and where to get started!

Trademarks

According to the United States Patent and Trademark Office (USPTO), “a trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others. A service mark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of a service rather than goods”.  However, the word trademark is often used interchangeably. Basically, a trademark (or service mark) shows others that you and/or your business are the owner of the word, phrase symbol, or design. When others see it, they will be able to exclusively associate it with the service or goods you sell. (For simplicity in this article, we will use a business name as the sample item desired to be trademarked.)

What does this mean for my business? If you want your business name to be exclusively associated with your business throughout the US, you need to federally trademark it to protect your legal rights to ownership of the name and prevent others from using the same name. Under certain circumstances, another company could have the same name and both business will be able to federally trademark it. This will be determined by the USPTO and happens if it can be shown that the two businesses offer completely different types of products. (Example: One company sells hair care products and the other sells accounting software.) When starting a business and creating your business brand, you may want to check the USPTO trademark database to see if your desired names, phrases, etc. have already been trademarked by someone else. Should you decide to pursue federal trademark registration, the forms will also be found on this site. Although it’s not necessary, you may find hiring a lawyer to be worthwhile!

Read more >> https://blog.zubifi.com/news/2019/09/trademark-patent-and-copyright-whats-the-difference-and-does-my-business-need-them/

How to Patent a Provisional Patent Application

By: Michael J Foycik Jr.
Oct.02
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.

A provisional patent application
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.

A slightly better title would be “How to Get a Provisional Patent Application.“ That would be more correct, as explained below. It is easy to get a provisional patent application, which gives “patent pending” status but cannot in itself be “patented.” Instead, a provisional patent application holds the date (as the date of filing), protects the owner against later copiers, and permits later filing of a utility (“regular”) patent application.

Why get a Provisional Patent Application? It is less costly, and has a lower government filing fee, as compared with a utility patent application. It takes less effort to prepare, and needs no formal drawings and no signed Declaration.

Anything can be the subject of a provisional patent application. It provides defensive protection against later imitators. And, it can be the basis of a later utility patent application. It’s very useful to get a provisional patent application!

So what's the catch? The catch is, the provisional patent application lasts for only one year, after which the idea belongs to the public unless a utility patent application has been filed during that year.

Read more >> http://internationalpatentservice.com/How-to-Patent-a-Provisional-Patent-Application.html

How to protect your Intellectual Property as a startup or scale up

By: Chloe Mckenna

It's so easy to overlook your intellectual property when you're a startup. Even companies who've been in business for a while but are scaling up can easily forget just how important it is to protect yourself and your business. So, how do you even begin to go about protecting it and what's involved?

Your intellectual property is one of your most valuable assets. Not only does it give your company its true value, but it also helps create brand recognition and sets you apart from your competitors. Without it, you can't differentiate yourself from the rest. So that's why business owners are realising just how valuable it is and taking steps to protect it.

So it's no surprise that legal claims made over the last 12 months by small to medium enterprises have risen significantly by 68%. If you're new to business and have no clue how to even register your intellectual property, read on to find out.

Read more >> https://www.capalona.co.uk/news/how-to-protect-your-intellectual-property-as-a-startup-or-scale-up/

How to Patent

By:Michael J Foycik Jr.
Sept.29, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.

An idea or any useful device or method
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.

Introduction and types of patent

Many types of ideas can be patented. Anything that has a function or use can be patented. Also, patent protection can cover many (but not all) types of business methods, most types of computer programs, new methods and processes, new chemicals and compounds, and new materials or new uses for old materials. Where the invention is for a design feature or an ornamental cover or casing, for example, then a design patent is the best way of protecting the invention. How to get a design patent, and how to patent a design, is explained in a separate section below.

How to Patent an Idea

An idea can best be protected by a utility patent application. This is also sometimes called a “regular” patent application. The idea can be explained in words and, if possible, by drawings. The drawings do not need to be like blueprints; instead, they are simplified and do not usually have to show conventional features. And, it is not necessary to have a working model.

Before getting into the details, we would like to mention that there is also something called a “provisional patent application” discussed hereunder. It gives patent pending status for one year, permitting a utility patent application to be filed at any time during that year. That is another way to get a patent. The provisional application is much less expensive than a utility patent application, and can be recommended when there is an urgent need to get a patent application on file with the US Patent Office. For example, just prior to a trade show or publication of the invention, there is an urgent need to have the idea on file with the US Patent Office. For further information, see the section below called “How to patent using a provisional patent application.”

Read more >> http://internationalpatentservice.com/How-to-Patent.html

Intellectual property strategies for startups

By: Benjamin Lehberger

Intellectual property protection is an important consideration for most startups. Obtaining intellectual property protection, such as patents, can minimize competition and act as a defensive mechanism against infringement claims from others. Intellectual property also can attract or solidify funding and partnerships. In formulating an intellectual property strategy for your startup, consider the following.

File early, and keep quiet

Your time to file for patent protection is limited and patents should be contemplated early on in development. In the United States, an inventor has a one-year “grace period” from first publicizing an invention to filing for patent protection, after which it is too late. However, you should not wait even that long. In 2013, the U.S. patent system switched from a first-to-invent to a first-inventor-to-file system. This subtle difference in terminology could mean dire consequences for those who delay seeking patent protection.

Under the old first-to-invent system, you could be the first to conceive of an invention and still obtain patent rights over an earlier filer by showing that you conceived first and continued to diligently work on your invention. Today, it is a race to the patent office. Regardless of who conceived of the invention first, the first one to file their patent application “wins.”

Read more >> https://techcrunch.com/2016/10/31/intellectual-property-strategies-for-startups/

A New Startup Business: What Is Needed For Success

By: Michael J Foycik Jr.
Sept.24, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.

So you're starting a new business, congratulations! The sky's the limit. If your new startup business is based on a new idea, a new concept, or a new invention, then you'll need something first.

What will you need for success? At least one thing: something unique that you own. The key word here is “own” and that includes intellectual property: patent rights, trademark rights, copyright rights, and trade secret rights. Otherwise, your initial success can be copied or taken by anyone.

You should have a pending application of some type. That is, unless you already have an issued patent or a registered trademark, though a startup is unlikely to have either one. What you can have is a pending application: a pending patent application, a pending trademark application, or both. For some businesses, a copyright application is needed instead of, or in addition to, a patent application.

A pending application documents ownership, as of the filing date. For patent applications, the law now is first-to-file. If you wait to file a patent application, anyone can take your idea and file on it. So be the first! If you are first, then your rights are documented by the filing of the application.

Costs can be kept fairly low on the patent side by filing a provisional patent application (PPA), which gives true patent pending rights for one year, which can give priority rights for any later filed utility patent application. The PPA also documents trade secret rights when the subject matter is kept confidential, and such rights can be valuable.

Read more >> http://internationalpatentservice.com/A-New-Startup-Business.html

Intellectual Property Law for Blockchain Startups

By: Tori Lutz

Although the blockchain has been present in the tech consciousness for a few years now, It is incredibly young compared to many of the legal frameworks it operates under. As a blockchain startup, a fundamental knowledge of intellectual property law is a must. Of course, a legal team or consultant is an important part of any growing company, but companies can save a lot of money and grief by understanding the basics from the very start. This article will cover the essential things to know about intellectual property in general and more specifically about blockchain intellectual property.

What is IP Law and Why Does It Matter?

Intellectual property, or IP, refers to intangible things that can be owned or managed by individuals and businesses.

The blockchain is by its very nature intangible. Sure, you can break down its process to electrons moving within circuit boards, but software generally always falls within the intellectual property label.

In order to understand the way in which blockchain startups can be affected by (and benefit from) intellectual property law and specifically blockchain intellectual property law(s), it helps to understand the four primary categories of IP regulation:

Read more >> https://askrypto.com/articles/2019/09/intellectual-property-law-for-blockchain-startups/

Now is the Time to Consider an EPO Patent Application for Coverage in European Union Countries

By: Michael J Foycik Jr.
Sept.19, 209
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.

Thinking of foreign patents? Then its time to consider an EU (European) patent application!

Why now? Because the EU law is transitioning toward a single filing to cover all of the subscribing EU member countries.

Applications filed now are said to be covered by the new law when it changes, likely in 2015 or 2016. Such an application is examined, and if granted provides patent protection in all subscribing EU countries. The filing can be in any EU language, which includes English, removing the need for expensive translations.

Most companies need protection in the US, but dread the costs of filing in multiple European countries. Sure, you've heard of companies spending hundreds of thousands of dollars. But, consider that an EU application can be filed for less than USD 7500 in many cases, including attorneys fees and government filing fees. Design patent applications are even less.

What about EU trademark applications? Those are affordable too! Filing can be at a total cost of less than USD 6500, including legal fees and government fees. No actual use is needed for filing. Ideally, your company name should be protected as soon as possible, before competitors can try to get rights in the EU on your trademark.

Read more >> http://internationalpatentservice.com/Now-is-the-Time-to-Consider-an-EPO-Patent-Application-for-Coverage-in-European-Union-Countries.html

Why Intellectual Property Protection Is Crucial For Startups

By: Dinesh Jotwani

Patents level the playing field between startups and incumbents

Investors are likely to invest in a startup that has patents in its name

Unless a startup trademarks its logo, it may discover unscrupulous companies copying its logo

Nearly 90% of startups fail within their first five years. With the odds stacked against them, they need nearly everything to fall into place to succeed including Intellectual Property Rights.

A startup is essentially a disrupter. It disrupts an existing market by providing more convenient service, a service at a lower cost, or both. Every startup that enters a market believes it has a unique strategy. At the heart of every startup’s strategy is usually a technology and a clever name or attractive logo.

Read more >> https://inc42.com/resources/intellectual-property-protection-crucial-startups/

Some Kickstarter Success Tips

By: Michael J Foycik Jr.
Sept.15, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.

If you're planning a Kickstarter campaign or other enterprise funding site, then these tips may help.

Have IP protection. What's that? It is intellectual property. It is not necessary to have an issued patent, but for success raising capital it is important to have at least patent pending protection. Trademark protection can help too. Don't neglect copyright protection and trade secret protection, if those are appropriate for your enterprise.

Get publicity. Use an inexpensive service that does e-press releases. Such a service can even help you write the press releases, for a small additional fee. And, try giving interviews to journals and magazines that might review your product or service.

Line up your tech resources ahead of time, to list on the site. These services would include affordable software technical services. Your product will need technical support services, so it may be a good idea to list such a company on your site. Other software services are important, as you're well aware already: sales support software, inventory management software, and employee management software, among others.

Read more >> http://internationalpatentservice.com/Some-Kickstarter-Success-Tips.html

Patent prosecution strategy for technology startups

By: Timothy Lohse and Brent Yamashita

There are three critical junctures during the lifecycle of a technology startup. The first is when the founders seek financing from angel investors or VCs. The second is when the startup launches its first product to the public. The third is when the startup attempts to implement an exit strategy (eg, through an acquisition or IPO). As a founder of a technology start-up, pending and/or issued patents are an important tangible asset that not only provides your company strategic legal and economic advantages but also can help to convince your investors, customers, suppliers, competitors, potential acquirers, underwriters, and even Wall Street itself during these three critical junctures that your technology is cutting-edge and valuable.

All technology startups should develop a patent strategy from the outset. It is advisable to do so even before you have obtained financing because pending patent applications can help you negotiate a higher valuation and possibly obtain more favorable financing terms. Patents can protect your place in the market, and can dissuade and even exclude potential competitors from entering your market. Patents can deter other companies from asserting their own patents against you, or can place you in a better strategic position should there be patent litigation. Finally, patents can be translated into real economic value through licensing, an outright sale of the patents, or assertion in litigation.

Read more >> https://www.dlapiperaccelerate.com/knowledge/2017/patent-prosecution-strategy-for-technology-startups.html

Quit Worrying About Competitors, And Start Making Money

By: Michael J Foycik Jr.
Sept.10, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336

Stop worrying! Many inventors and businesses become paralyzed by worry when trying to advance a new idea.

What if competitors import cheap knock-offs? What if they steal your idea? What if it isn't protectable as a patent?

Here are some factors to put your mind at ease.

First, competitors won't spend money to copy a product unless they are sure it will make money. For anything that is new, how can they know? Probably only by seeing if you make money. That gives you a big head start. If your product is good, you can saturate the market before the first knock-off arrives. Also, this gives you time to establish your trademark or trade name, so that people asking for it by name will always get your product.

Second, until your idea is made public, it can be protected as a trade secret, assuming you have marked everything confidential and avoided any non-confidential disclosures. Again, this provides a real head start, with the benefits noted above.

Third, suppose your idea is so good that competitors want to immediately steal/misappropriate your idea. That can be a very good problem to have! Why? Because it means that your rights could have great value to a legitimate company, one that has power to enforce those rights for you against infringers. You see it in the news all the time: big companies investing in small companies, buying a percentage of the ownership. Big companies know how to protect their investments, and their rights.

Read more >> http://internationalpatentservice.com/Quit-Worrying-About-Competitors-And-Start-Making-Money.html

How designers can protect their intellectual property

By: James Timpson

Protecting your intellectual property can be a tricky process. As a creative designer it’s your job to ensure you’re sheltered if someone copies your ideas. Unfortunately, there are many loopholes that enable organisations to plagiarise work; therefore, being prepared for every eventuality is crucial.

There are four main categories of intellectual property rights; patents, designs, trademarks and copyright. Each category refers to a different type of design. Understanding what’s relevant to your product is the first step towards ensuring you’re adequately protected.

Intellectual Property Rights

According to Business Case Studies patents mainly refer to brand new products and can last for up to 20 years if renewed annually. Patents require distinct information regarding the technical specifications and operation of a product to ensure others can’t copy it and make something too similar.

Designs are the physical appearance of the product, such as the lines, shapes, contours and materials. A standard design registration lasts for five years; however, if it’s renewed annually it can last for up to 25 years.

Read more >> https://www.creativedigest.net/how-designers-can-protect-their-intellectual-property/

Surprisingly Good Ways Of Stopping Foreign Imports Using Your US Patent

By: Michael J Foycik Jr.
Sept 5, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.

The number one concern of many companies with new products is how to stop foreign copies from entering the US.  The good news, this is easy for US Patent owners, and there are two ways this can operate.

The most surprising way is using the US Customs Service to block suspected infringers.  To do this, you will need an order from the Customs Service.  Once you have that, Customs does the real work.  The catch here is, the US company will have to prove it makes the goods itself in the US.  So, two foreign companies cannot easily avail themselves of this privilege.

Customs can confiscate infringing goods, and may even turn over those goods to the US patent owner.  If specific infringers can be pointed out to Customs, which is often the case, those infringers  can be targeted by Customs.

The second way is more obvious: using the US Patent rights.  There is an easy way to do this, and a harder way.  The easier way is sending a copy of the US Patent to retailers and other companies selling the infringing product; most will quickly deal with the situation, usually by simply removing the infringing products.  After all, retailers do not want trouble, and can avoid it by fleeing from patent disputes.  The author has seen this several times, and it is surprisingly effective. 

Read more >> http://internationalpatentservice.com/Surprisingly-Good-Ways-Of-Stopping-Foreign-Imports-Using-Your-US-Patent.html

Intellectual Property – The Road Less Travelled

By: Tarun Bansal

NASSCOM recently reported that Indian startups filed around 200 patents applications recently. What is notable is that much of the filings are related to emerging technologies such as Artificial Intelligence, Cyber Security, Cloud Computing and IoT, establishing India as a hub of innovation. Indian companies, primarily Indian startups, are booming with innovation and creativity. Yet, for them, Intellectual Property (IP) has been a road less travelled. IP in India is perceived as an investment black hole by startups and large corporations alike. 

Talking to innovators from small as well as large companies gives an insight into some of the challenges they face when it comes to IP in India. Here are some of them:

> Lack of IP enforcement: Innovators in India feel that the legal system is not equipped to enforce IP – so even if they get their IPs registered, they won’t be able to stop their competitors from breaching/ infringing their IP rights. In fact, by doing IP they think they are giving their trade secrets to competitors on a silver platter.

> A dearth of case studies for IP success: Most innovators don’t relate to success one can get from IP as there have been no significant case studies in India where IP made a significant direct impact on earnings/ business. Establishing a startup became popular in India only when there were enough case studies of people striking it rich or famous.

Read more >> http://founderindia.com/intellectual-property-the-road-less-travelled/

Right Or Wrong Patent Attorney - Why Your Invention Matters

By: Michael J Foycik Jr.
Sept. 1, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.

Is there a good way to tell when you have the wrong patent attorney?  There are factors worth considering. 

Does your patent attorney not seem to listen?  Or, not seem to care about your objections and concerns?  Does your patent attorney make themselves available to answer questions?  These are red flags, especially if things are not going well otherwise.

Does the patent attorney's first draft make sense for your invention?  Most inventors rightfully expect to see writing that is as good as or better than their own.  Do you have to explain things several times?  Are you uncomfortable with how the claims sound?  These too can be red flags, when other things are not going well either.

Has your patent attorney filed continuation after continuation without making progress?  Or, have they filed RCE (“Request for Continuing Examination”) after RCE without making progress?  Or, have they filed about Appeal after Appeal, without success?  These could be red flags too.

This is not to say “good” or “bad” - rather it is to say “right skills for the right job.”  Even a very good and reputable patent attorney may sometimes find themselves out of their element, and look bad as a result.  That shouldn't matter though – good results should matter.  A different attorney, better suited for a particular effort, may well get different results. 

While the above-noted issues can be bad signs, they might not tell the whole story.  Even though the above situations exist, can that patent attorney really still be the “right” one  for that job?  Possibly so – if it is just a case of simple bad luck, pursuit of a weak invention, sure.  Or, it could be part of a strategy to maintain patent pending status for strategic reasons despite a weak invention. 

Read more >> http://internationalpatentservice.com/Right-Or-Wrong-Patent-Attorney-Why-Your-Invention-Matters.html

The Importance of Intellectual Property on Your Business

By: Katherine (Tori) Lutz

Every business owner, whether running a small tech startup or a mainstream publishing company, knows that business management is no small task. Even having successfully navigated the funding and registering phases, a myriad of other issues need to be dealt with, i.e. insurance, payroll, marketing, and a growth plan.

Something all too easy to overlook among other pressing tasks is intellectual property (IP) protection. Here’s what IP law is, how it applies to your business, and why it’s a crucial aspect of maintaining a successful enterprise.

TYPES OF IP LAW

You may have come across the term intellectual property, or IP for short, before. Intellectual property is a way of enforcing ownership of intangible things like ideas and inventions.
IP law has several subsets: patents, trademarks, trade secrets, and copyrights. Many people use these interchangeably, and thus incorrectly.

Patents are formal protections of inventions, and grant temporary monopolies in the market for new inventions. If you’re looking to patent your idea, you must first get from the idea stage to the invention stage, a key process for any entrepreneur looking to develop a product or service.

Read more >> https://www.thenationalherald.com/258496/the-importance-of-intellectual-property-on-your-business/

Tips for Highly Effective Invention Promoting and Marketing for Inventors

By: Michael J Foycik Jr.
August 26, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.

If you're an inventor, then you have seen ads for invention marketing companies.  Here are a few tips for a highly effective strategy that is also cost-effective. 

Tip 1:  Do the patent part separately from the marketing part.  The patent costs can be quite affordable, especially is you shop around.  You are more likely to get the personal service and advice you really need, and that can lead to a better patent product.  

Tip 2:  Focus on companies most likely to need your invention.  Avoid broadcast invention submissions to large companies, because that can be costly in time and effort.  There will be too many corporate forms for the inventor to sign before those companies will even accept the submission, and some of those forms do not protect the inventor's rights.  Large companies like to buy rights to products that are already on the shelves somewhere, to make sure no one looks bad when buying the invention rights.  

Tip 3:   Marketing isn't just to companies – it is also to investors.  Really, isn't that what selling an invention is all about?  A company buying an invention is very much like an investor.  Let investors know about your invention; they have money and often also have expertise and contacts.  Investors may well wish to use their contacts and expertise to help you succeed – they are betting on you. 

Read more >> http://internationalpatentservice.com/Tips-for-Highly-Effective-Invention-Promoting-and-Marketing-for-Inventors.html

University of South Carolina startup breaks ground in nano-optical manufacturing

By: John Wallace

Thomas Crawford, a physics professor at the University of South Carolina, has sold the start-up company he founded, MagAssemble, which aids in the manufacture of diffractive optical elements (DOEs), to Thorlabs.

Crawford, who arrived at the University of South Carolina (Columbia, SC) in 2005 with extensive research experience in disk drive technology, directed his lab in recent years in developing a novel manufacturing process that uses disk drive technology to assemble magnetic nanoparticles. When it became obvious that industry was interested in using the new technology, MagAssemble was born. Several university physics graduates comprised the startup’s staff, including chief scientist Longfei Ye, who earned his doctorate under Crawford’s direction.

“Traditional electronics fabrication technology is expensive for manufacturing micro- and nano-optics,” Crawford says. “Because the size of photonic devices are tied to the wavelength of light (400-700 nm for visible light), the same scaling rules that have pushed integrated circuits to single nanometer sizes cannot be applied to photonics, which is where MagAssemble’s method for nano-manufacturing comes in.

Read more >> https://www.laserfocusworld.com/optics/article/14038695/university-of-south-carolina-startup-breaks-ground-in-nanooptical-manufacturing

Responding to a Rejection in a Patent Application

By: Michael J Foycik Jr.
August 21, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.

Rejected? Want to know more about what to do? Read on! 

When a utility patent application is filed, examination on the merits follows in due course. The examination process involves a search of the prior art, and a decision by the patent examiner on allowability. The first such decision is supplied to the applicant by an official first Office Action on the merits. The great majority of first Office Actions involve a rejection of some or all of the claims. 

But, this is not the end of the process, but the beginning! A Response should be filed. 

What should go into the Response? The applicant, along with their patent attorney's help, should define what is different over the applied prior art reference(s). Then, suitable claim amendments should be made to clarify and/or emphasize those differences. 

And, suitable remarks should be provided in the Response which explain the differences over the applied prior art reference. The remarks ideally will also point out how the amendments to the claims clarify and emphasize those differences. 

Sometimes, there are other types of rejections and objections. These may be based on claim format, claim contents, objections to drawings or text, and so on. These can be handled in a similar way to that noted above. 

Read more >> http://internationalpatentservice.com/Responding-to-a-Rejection-in-a-Patent-Application.html

How to protect your Intellectual Property as a startup or scale up

By: Chloe Mckenna

It's so easy to overlook your intellectual property when you're a startup. Even companies who've been in business for a while but are scaling up can easily forget just how important it is to protect yourself and your business. So, how do you even begin to go about protecting it and what's involved?

Your intellectual property is one of your most valuable assets. Not only does it give your company its true value, but it also helps create brand recognition and sets you apart from your competitors. Without it, you can't differentiate yourself from the rest. So that's why business owners are realising just how valuable it is and taking steps to protect it.

So it's no surprise that legal claims made over the last 12 months by small to medium enterprises have risen significantly by 68%. If you're new to business and have no clue how to even register your intellectual property, read on to find out.

Read more >> https://www.capalona.co.uk/news/how-to-protect-your-intellectual-property-as-a-startup-or-scale-up/

Let's Sue That Trademark Infringer – Or Maybe Not!

By: Michael J Foycik Jr.
August 18, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.

Someone is infringing your trademark.  Now you want to rush out and sue them!  Let's stop and talk about that for a minute. 

 Let's just mention that there can be a number of defenses to a trademark lawsuit.  Such defenses depend on the answers to the following (and possibly other) questions, such as: Was the infringer actually the first to use it?  Can your trademark registration be challenged, or is it incontestible?  Were you actually damaged?  Is the alleged infringer's trademark really close enough to your trademark?  Is the whole trademark infringed, or just part of it?  Is your trademark a “word” mark or a logo (picture) mark? 

Now let's say there are no defenses to the lawsuit, and victory is absolutely certain.  This is very hypothetical, of course, since there is always some uncertainly.  But, assuming this perfect situation, should you still go ahead and sue?  The answer may be “no” for a number of reasons!

So don't sue?  Why not?  Well, for starters, if the infringement was not“intentional” (within the legal meaning of that term), then it can be very difficult to obtain meaningful damages.  That's right, you can win the lawsuit and yet get little or no cash.  The most common result of a successful trademark infringement lawsuit is an injunction – an order to stop the infringement.  Even worse, the injunction sometimes gives the infringer ample time to use up their stock of infringing goods. 

But, the above is for infringement that is not “intentional” – what if the infringer is intentionally infringing?  That's different, and you can ask for actual damages, and/or lost profits, and/or attorneys fee, and/or costs, among other things.  Notice I said you can ask!  However, asking is not the same as getting.  Worse, it can be difficult to prove lost profits or actual damages.

Read more >> http://internationalpatentservice.com/Lets-Sue-That-Trademark-Infringer.html

LOW-TAX COUNTRIES FOR INTELLECTUAL PROPERTY: THE ULTIMATE GUIDE

By: Andrew Henderson

As the tech industry has grown and software has begun to “eat the world”, a new knowledge economy has taken shape that values intellectual property (trademarks, patents, and ideas) more highly than old-school equipment in factories.

As knowledge businesses have grown, so too has the value of their intellectual property (IP). Companies now routinely buy, sell, trade, and litigate over patents and stuff so seemingly minute that the average person struggles to understand how the ability to pinch two fingers together on a mobile phone could be patentable in the first place.

International companies are well-known for using offshore holding companies to house much of this intellectual property. This, in turn, leads solo entrepreneurs to ask themselves if they need a similar structure as well.

Read more >> https://nomadcapitalist.com/2017/09/15/low-tax-countries-intellectual-property-ultimate-guide/

Patent Mistakes Commonly Made By DIY Inventors

By: Michael J Foycik Jr.
August 11, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.

There are some very common mistakes made by do-it-yourself (DIY) inventors when it comes to patenting. There are two main patent types, Provisional Patent Applications (PPAs) and Utility Patent Applications. 

The worst mistake: trying to hide the invention. This happens when inventors recite all the advantages and benefits, but do not show enough structure to support those functions. The rejection that occurs in those situations is an “insufficient disclosure” rejection, and it is a serious matter in the patent world. 

Drawings: color drawings are a mistake. Only black-and-white line drawings are accepted, except under relatively rare conditions such as a biological micrograph. 

Also a mistake: drawings without proper margins of one inch at the top and left, 5/8 inch on the right, and 3/8 at the bottom. 

Another mistake is failing to show enough features in the drawings. Many inventors seem to think one or two good drawings are enough. Many times it is necessary to have cross sections shown, enlarged detail views, and diagrams showing a change in position or condition. Also, front views of mechanical systems are often not enough. Other views may well be necessary: side, rear, bottom, perspective, and assembly drawings all find good use in patent drawings. 

Read more >> http://internationalpatentservice.com/Patent-Mistakes-Commonly-Made.html

Investment Startup in Tysons Gains International Attention

By: Ashley Hopko

What started as a small Tysons startup quickly gained attention from high-profile investment firms.

Vest originated in 2012 as an independent entity before partnering with the international investment firm C’boe. Instead of renaming the company, they integrated the two titles and became C’boe Vest (1765 Greensboro Station Place).

The company attempts to create a safer model of economic investment by offering a type of “insurance,” CEO Karan Sood told Tysons Reporter.

The company markets their products and services to financial advisors who in turn manage investments and money for single entities, like families or individuals.

“We have a unique product for the marketplace. In some sense, we compete with anyone who helps make investments,” Sood said.

C’boe Vest offers a service called “Target Outcome Investments” that sets them apart from the pack, Sood said. Their models work with financial advisors to protect their investors from the natural risk associated with the stock market.

Read more >> https://www.tysonsreporter.com/2019/08/06/investment-startup-in-tysons-gains-international-attention/

A Patent Attorney Talks About Investing

By: Michael J Foycik Jr.
August 5, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.

It happens often enough – patent attorneys talk with investors for many purposes.  Sometimes it is to consider the value of a patent, other times it is simply because the investor is backing a particular client or has a question about litigation. 

So what happens when the investor wants to talk with the patent attorney about investing?  Well, interesting stuff.  Here are a few samples that may help you evaluate an investment opportunity like a professional.

Let's say there is a technical field of special interest.  For example, let's say you're familiar with greeting cards, or jewelry, or party planning.  Suppose there are companies capable of leading those fields, still virtually unknown to the mainstream business investor.  You can locate companies leading those fields using patents as your guide. 

Why so?  That's easy!  So many reasons!  Let's start with one: patents cost real money.  Any company that believes in its new product enough to spend money, may well be worth a look.  

A second reason: patents reveal what's hot in an industry long before the business world catches on.  This was true of every type of technology you see today, and it pays to be ahead of the curve.

A third reason: when there are many recent patents in a given field it is a reliable indicator that the field is very profitable.  Yet, the products that will be sold under those patents may be months or years away.  Again, it pays to be ahead of the curve.

Read more >> http://internationalpatentservice.com/A-Patent-Attorney-Talks-About-Investing.html

Types of Intellectual Property Protection

By: Munawar Gul

There are numerous benefits to intellectual property protection. Through it, your business enhances its market value. Other than that, it also increases your likelihood of developing profit-making assets from your ideas. Additionally, it also offers you an opportunity for marketing your business, products, and services. In many ways, you need it for brand protection. Nevertheless, before delving into these benefits deeper, you may want to understand the different types of intellectual property protection that exist in the first place.

Trade Secrets

If you’re running a business, then you might be aware of the tons of information that you encounter on a daily basis. Most likely, your business runs on all that information. Some of the information, however, needs protecting. Otherwise, it could fall into the wrong hands, which could portend bad news for your business. In this regard, trade secrets are worth it for any business that values the type of information it relies on to stay alive. A few examples of trade secrets include:

> Soda formulas
> Computer algorithms
> Survey results
> Customer lists

Read more >> https://thehackpost.com/types-of-intellectual-property-protection.html

Selling Your Patent – How Much You Can Expect

By: Michael J Foycik Jr.
August 2, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.

Many inventors have profited from selling their patents.  So how much do they get?  The answers are surprising, or at least they surprised me.

Having talked with many inventors, and also having talked with many corporate patent departments, I've heard many examples.  Let me give you a few general examples, based on published accounts and interviews with public speakers. 

Assuming the inventor has an issued patent for an article and has sold that article through at least one retail store, there will almost certainly be corporate interest.  Vendors often report new products they see when visiting retail stores, which accounts for the corporate interest.  If the corporation makes an offer, it will typically be anywhere from $50 thousand to $8 million, and can be higher. 

On the other hand, an inventor trying to simply market an issued patent to corporations, is likely to get anywhere from $5,000 to $35,000.  This does not take into account the likelihood of a corporation making an offer.  Some inventors hire a marketing service to try to interest companies; such marketing companies usually keep statistics on their success rate, which varies.  I recommend that anyone considering such companies first check out their success rates. 

Or, if going through a television marketing company, the numbers are different.  If that company is of the type that develops and makes the products based on your patent, they may prefer to license the patent rather than buy it.  The royalty rate in such a case might be $2 million per year guaranteed plus a bonus based on sales.   Such agreements may be for two years, and can be longer.  This all varies, of course, depending on the specific company and the nature of the product. 

Read more >> http://internationalpatentservice.com/Selling-Your-Patent-How-Much-You-Can-Expect.html

Microsoft gives 500 patents to startups

By: Frederic Lardinois

Microsoft  today announced a major expansion of its Azure IP Advantage program, which provides its Azure users with protection against patent trolls. This program now also provides customers who are building IoT solutions that connect to Azure with access to 10,000 patents to defend themselves against intellectual property lawsuits.

What’s maybe most interesting here, though, is that Microsoft is also donating 500 patents to startups in the LOT Network. This organization, which counts companies like Amazon, Facebook, Google, Microsoft, Netflix,  SAP, Epic Games, Ford, GM, Lyft and Uber among its close to 400 members, is designed to protect companies against patent trolls by giving them access to a wide library of patents from its member companies and other sources.

“The LOT Network is really committed to helping address the proliferation of intellectual property lawsuits, especially ones that are brought by non-practicing entities, or so-called trolls,” Microsoft  CVP and Deputy General Counsel Erich Andersen told me. 

Read more >> https://techcrunch.com/2019/03/28/microsoft-gives-500-patents-to-startups/

U.S. Trademark Attorney Checklist for Chinese Companies to Get U.S. Trademarks

By: Michael Foycik
July 31, 2019
The author is a trademark attorney in Washington DC who helps Chinese companies register their trademarks in the US. The author has over 28 years experience in trademarks, trademark applications, and trademark appeals. For further information, please email at mjfoycik@gmail.com, or call at 877-654-3336.

The following is advice from a US attorney, in the field of US Trademark law, who has helped Chinese companies get registered US Trademarks. This is a short list of the main things to do to file a U.S. Trademark application to obtain a U.S. Trademark.

> You must have a U.S. Attorney licensed in the U.S., as of August 3, 2019. If you need assistance with this, please inquire using the contact information below.
> Ask your U.S. Attorney to perform a search of the existing trademarks, to see if there are any conflicting trademarks. An informal search is done online, at little or no cost. A formal search can be better, but will cost more.
> Provide a specimen of use, such as a label showing the trademark, or a page on a web site showing ordering information along with the trademark.
> Explain the goods and services being offered using the trademark. This can be important, and it is best to list a general term followed by specific terms. An example is: aircraft, specifically remotely operated toy drones.

Read more >> http://internationalpatentservice.com/US-Trademark-Attorney-Checklist-For-Chinese-Companies-To-Get-US-Trademarks.html

Startups Are Abandoning Suburbs for Cities With Good Transit

By: Richard Florida

During the late 20th century, startup companies were quintessentially suburban, in standard-issue office parks dubbed “nerdistans.” Think of Silicon Valley, the North Carolina Research Triangle, and the suburbs of Seattle where Microsoft is located.

But high-tech startups have become increasingly urban in the past decade or so, gravitating to dense neighborhoods in downtown San Francisco and Lower Manhattan, which have supplanted Silicon Valley as the nation’s leading centers for such startups.

Now a new study finds a close connection between transit access and startups of all types—not just high-tech startups. The study, by Kevin Credit from the Center for Spatial Data Science at the University of Chicago, uses advanced spatial econometric techniques to examine the connection between transit and business startups in five cities. Two of them, San Jose (Silicon Valley) and Austin, are well-documented startup hubs with underdeveloped transit infrastructure; two others, Philadelphia and Cleveland, have reasonably well-developed transit systems but low rates of startup activity; and Boston has both a high level of startup activity and an established transit system.

Read more >> https://www.citylab.com/transportation/2019/07/startup-cities-public-transportation-new-business-development/594286/

Getting Investors – Surprising Types

By: Michael J Foycik Jr.
July 29, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.

So, you need an investor.  Probably to start a new business and launch a new product.  Here's a very short yet useful guide to some surprising types of investor.

Get a distributor.  Yes, they don't sound like investors, but it helps to see them that way.  Why so?  A typical one will bear the costs in some way, and help sell the product.  These things are what a good investor would do.  Typically, with a new product, you can expect to get anywhere from 2 to 9 percent of the selling price, though this can vary. 

Sell though a TV marketing company – you know the ones.  You see them on late night television, or on cable channels that sell goods.  And yes, they don't sound like investors, but it will help to look at them that way.  A typical one will help with the costs in come way, and perhaps even with the development and testing of the product.  These are things a good investor might do.  Typically, one might expect anywhere from 2 to 4 percent of the selling price. 

Go to an investment club.  There are surprisingly many if you look.  Try online searches, and word-of-mouth if necessary.  Ask around, especially in local businesses, where the owner might well belong to such an investment club.  A good investor will take about 10 to 50 percent of your business, in exchange for investment money and possibly expertise.  A good investor will know how to help you succeed! 

Press releases!  There are companies that do those.  The more press releases, the better.  Put up a web site so investors reading the press releases can find you. 

Read more >> http://internationalpatentservice.com/Getting-Investors-Surprising-Types.html

Canada: Doing Business In Canada 2019 - Protection Of Intellectual Property

By: Fasken Martineau

The protection of intellectual property is primarily a federal responsibility and is the subject of four principal federal statutes: Patent Act, Trade-marks Act, Copyright Act, and Industrial Design Act.

The Canadian Intellectual Property Office of Industry Canada administers these statutes. However, matters like the unauthorized use of a trademark (known as "the law of passing off") or the misuse of a trade secret fall within provincial jurisdiction. In certain circumstances, the federal and provincial jurisdictions will overlap, as is the case with passing off, which is also covered in the Trade-marks Act.

Patents

The Patent Act establishes what is known as a "first to file" system. In Canada, the first applicant to file a patent application for an invention will be entitled to obtain patent protection for that invention.

A Canadian patent grants its owner the exclusive rights to make, use, and sell an invention in Canada, as defined in the claims of the patent, for a period of 20 years from the date of the application. A patent will only be granted for inventions that are new, inventive, and useful and may be obtained for devices, materials, processes, and uses. Patent protection is not available for scientific principles, abstract theorems, or ideas; nor is it available for higher life forms like genetically modified animals.

To be considered new or novel, the invention cannot have been disclosed in such a manner as to have become publicly available anywhere in the world. An exception to this is inventor- derived disclosures; a one-year grace period is provided for any such disclosures.

For the invention to be considered inventive, the differences between the state of the art and the inventive concept of the claims must involve steps that require ingenuity.

Read more >> http://www.mondaq.com/canada/x/823352/Trademark/Doing+Business+In+Canada+2019+Protection+Of+Intellectual+Property

Let's Sue That patent Infringer - Or Maybe Not!

By: Michael J Foycik Jr.
July 26, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.

Someone is infringing your patent.  Now you want to rush out and sue them!  Let's stop and talk about that for a minute. 

The best reason to wait: that infringer is promoting your product, which takes time, money and effort before it pays off.  So, let them do it for a while, and then swoop in!  You shouldn't wait too long, perhaps a year or two or three, although some case law suggests that you can wait six years to sue.  Don't rely on that, of course - in a specific case your patent attorney should verify and recommend specific deadlines.  

 Let's just mention that there can be a number of defenses to a patent lawsuit.  Such defenses depend on the answers to the following (and possibly other) questions, such as: Was the infringer actually the first to use it?  Can your patent be challenged?  Were you actually damaged?  Is the alleged infringer's device/product really close enough to your patent to infringe its claims?  

Now let's say there are no defenses to the lawsuit, and victory is absolutely certain.  This is very hypothetical, of course, since there is always some uncertainly.  But, assuming this perfect situation, should you still go ahead and sue?  The answer may be “no” for a number of reasons!

So don't sue?  Why not?  Well, for starters, if the infringement was for a small number of products, you are unlikely to get meaningfully large damages.  It is very easy to spend more money that you can recover.  That's right, you can win the lawsuit and yet get little or no cash. 

Read more >> http://internationalpatentservice.com/Lets-Sue-That-patent-Infringer.html