Steps For Getting A Patent

By: Michael J Foycik Jr.
March 23, 2020
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.

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

Nigeria: Why You Badly Need To Protect The Intellectual Property Of Your Startup

By: Gabriel Eze

Here's the thing—one of the most important aspect of your business is the intellectual property of your startup. Ignore it and pay dearly for it. They say, great products and services with superb execution make great companies but then strong brands make an even greater company. By strong brands, I mean brands with comprehensive IP protection. Strong brands create great value—both commercial and intellectual assets that attract your product and services to your target market. What readily comes to mind when Intellectual Property (IP) is mentioned are the more common aspects such as copyright, industrial designs, patents, trademarks. The less common IP or IP-related rights include database rights, geographical indications, plant varieties, trade secrets, traditional knowledge, etc.

For startups, here's a quick one on some types of IP that may be relevant to your startup and that your startup badly needs to protect:

> Copyright

Copyright protects original literary, musical, and artistic works. It grants authors or creators exclusive right to produce, distribute, assign, license, or do other things with the work. If you have a web application or a website, then you will need to protect the source codes used to build it. You may need a contractual agreement on who should own the app or website especially if you contract a developer to build the app or website for you. Copyright protection takes care of this. Depending on the nature of startup, you will need to protect your copyright works accordingly. One of the most common copyright works startups often wish to protect, depending on the industry or sector they belong, include software programs (limited to the original source code used in writing the program only); marketing materials including ad copies and jingles; entertainment works including cinematography, motion picture, and musical works; web publishing including podcasts, training videos, web contents, etc. Any of these copyright works could become a valuable intangible asset for your startup especially if you know what you are doing.

Read more >> https://www.mondaq.com/Nigeria/Intellectual-Property/901604/Why-You-Badly-Need-To-Protect-The-Intellectual-Property-Of-Your-Startup

How to Get a Patent

By: Michael J Foycik Jr.
March 18, 2020
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.

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

Do I Need A Patent?

By: Michael J Foycik Jr.
March 15, 2020
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.

When – and why - do you need a patent?

You need a patent:

> If you wish to stop others from copying your invention.
> If you wish to protect yourself from competitors who may copy your invention and then try to patent it themselves.
> If your product is in stores and you are challenged by a competitor who claims they have patent rights of their own.
> If having a unique new product would allow you to set a much higher selling price.
> If it is important to impress potential investors, customers or retailers.
> If you want to stop illegal copies of your products from entering the U.S.
> If you hope to sell your business for a profit. Patent rights are often the most important asset of a successful business.
> If you hope to license your patented product to others.

Read more >> http://internationalpatentservice.com/do-i-need-a-patent.html

Dos and Don’ts of IP Protection for Tech Startups

By: Chinh H. Pham

The launch of a startup is an exciting time for any tech entrepreneur. As you embark on this adventure, it is critical to establish a strong legal foundation that protect your intellectual property (IP) and tech innovation. Unfortunately, many tech startups underestimate just how integral a strong IP strategy is to commercial success and revenue generation. In order to safeguard its IP, a tech startup should consider the following dos and don’ts.

Do Avoid Public Disclosure of Your Innovation

Public disclosure of your innovation can be dangerous for a tech startup. Even if unintentional, any public disclosure can delay or even end the patent process, especially when you seek to pursue patent protection outside the U.S. To avoid inadvertently disclosing your innovation to the public, tech startups should be careful not to do the following:

> Don’t Conduct Research & Development in the Open: With the growth of co-working spaces, conducting research and development (R&D) in the open should be avoided. Many developers are unaware that conducting R&D in the open is technically considered a public disclosure and can foreclose patent protection in most countries. While the United States does allow a one-year grace period for filing for patent protection, it is still a best practice to avoid any type of public R&D.

Read more >> https://vc-list.com/ip-protection-tech-startups/

Steps For Getting A Patent

By: Michael J Foycik Jr.
March 11, 2020
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.

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

Singapore intellectual property officer nominated for UN top role

By: Eileen Yu

A Singaporean officer has been nominated for the role of director general of the United Nations (UN) World Intellectual Property Organisation (WIPO), making him the first from the country to take on a top UN role, if confirmed. Daren Tang was picked from an initial list of 10 candidates and his nomination would need to be approved when the WIPO General Assembly convenes in May. 

If confirmed, he would be WIPO's fifth director general and would begin official duties from October 1 for a six-year term, said the Intellectual Property Office of Singapore (IPOS) in a statement Thursday. A specialised agency under UN, WIPO manages IP services, policies, information, and cooperation, and helps member states develop their capabilities and infrastructure to embrace IP as a catalyst for economic development and innovation. 

Tang currently is chief executive of IPOS, which is a statutory board parked under Singapore's Law Ministry. 

Read more >> https://www.zdnet.com/article/singapore-intellectual-property-officer-nominated-for-un-top-role/

Unpatentable - No Problem! Tips To Protect Your Idea Anyway

By: Michael J Foycik Jr.
March 4, 2020
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 your new idea might not be patentable. Don't let that stop you! Here's some tips on what to do when your invention is not patentable.

Tip one: mark everything “confidential” and protect it under trade secret law.

Tip two: anything can be a trade secret. It just depends on the person seeing it. If it's new to them, and it's marked confidential, then it's a trade secret.

Tip three: a trade secret is probably better than a patent when it comes to those you have direct contact with. This is helpful if the idea is misappropriated by a retailer, distributor, developer, investor, and anyone else who sees the idea through you.

Tip four: file a provisional patent application (“PPA”). It documents your trade secret, the date of filing, and the ownership. As a government record, it is evidence. Few things could be as good.

Read more >> http://internationalpatentservice.com/Unpatentable-No-Problem-Tips-To-Protect-Your-Idea-Anyway.html

The Truth Nobody Tells You About Startup Budgeting

By: Tracy Leigh Hazzard

So many startups are so eager to throw money into anything they believe will speed up the launch process. More seasoned experts know that intellectual property, patents, trademarks, copyrights, content, and products should all be assets that hold value, rather than sinkholes. You need to have an investment plan for all of this. That means every single spending point along the way should be detailed in your investment plan and budget. The problem with this is that, unless you are spending thousands on an expert, which you probably cannot afford in the beginning, who knows how much you should budget for things like patents, marketing, prototyping, research, and design? This is what we are going to break down today.

Scrounging and Spending: Why? What? When?

The first thing you need to be able to determine is whether or not an item is an asset or a liability, so you can learn when to scrounge, and when to spend, and when you are spending, how much you should be dropping. Remember, when discerning between the two, assets always add value while liabilities oftentimes eat up resources without adding value back in.

The Importance of Research and Design

 It is no secret that startups that spend on research and design, especially forward-thinking research and design in their product categories, out-profit every other brand in their category. Every other brand in their category has less value both in the marketplace and in sales. As you build your brand, compare yourself to bigger brands in your category. If you're competing in a marketplace with Apple, for example, then you're going to have to spend a pretty steep amount on research and design. Apple spends between 20 and 25 percent of its overall revenue budget on research and design. In my early days at Herman Miller, they had an entire research division that built assets for the business.

Read more >> https://www.inc.com/tracy-leigh-hazzard/how-to-budget-your-startup-so-you-dont-run-out-of-money.html

How to Patent a Business Method

By: Michael J Foycik Jr.
March 2, 2020
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 business method
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.

A business method cannot be copyrighted, but it can sometimes be patented. Specifically, the inventive steps of certain business methods can be patented, and because of this the patent can provide protection far beyond just the specific business method language used.

First, a drawing is made showing the most important steps of the business method as a flowchart diagram. It is usually not necessary to give every detail of the operation of the business method; instead, the main features should be illustrated. The business method should be protected by a utility patent application, since that will cover any type of business method language. This is also sometimes called a “regular” patent application. The business method steps can be explained in words and by the flowchart drawings.

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-Business-Method.html

Best response to a trademark invoice scam; new UK IP minister; crackdown on coronavirus applications – news digest

By: Jonathan Walfisz

Every Tuesday and Friday, WTR presents a round-up of news, developments and insights from across the trademark sphere. In our latest edition, we look at how there has been a significant trademark filings drop from China to the US, how UK politicians continue to use major brands on social media, looking at a possible agreement on IP rights between the US and India, and much more. Coverage this time from Trevor Little (TL), Bridget Diakun (BD), Jonathan Walfisz (JW) and Tim Lince (TJL).

Market radar:

CCFN calls for strong stance on GIs – In testimony before the Office of the US Trade Representative (USTR) this week, the Consortium for Common Food Names (CCFN) has called on the administration to secure "firm and explicit commitments" with trading partners to assure the future use of "specific generic food and beverage names targeted by EU monopolisation efforts, and to reject the use of GIs as barriers to trade". CCFN senior director Shawna Morris testified: "There is a persistent push by the European Union and other European interests to dismantle competition and erect barriers to trade which must be more strongly combatted. Across all markets, but particularly those with which the United States has a free trade agreement or is in the process of pursuing a free trade agreement, we urge the administration to secure explicit commitments from our trading partners that build upon the positive precedent established in the US-Mexico-Canada Agreement (USMCA) whereby market access rights were clearly and definitively affirmed for a non-exhaustive list of common used product terms." Morris said the list of common terms in the USMCA was the type of tool that "should be carried forward aggressively by the administration in order to safeguard our World Trade Organization and free trade agreement market access rights in the strongest manner possible." CCFN provided written and oral testimony as the USTR prepares its annual Special 301 Report, expected to be released in the coming months. The call serves as a reminder of how GIs have become the key IP battleground in trade negotiations around the world. (TL)

Read more >> https://www.worldtrademarkreview.com/brand-management/best-response-trademark-invoice-scam-new-uk-ip-minister-calls-strong-gi-stance

How to Patent a Plant Species

By: Michael J Foycik Jr.
February 27, 2020
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 plant species
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.

This is very rare, but can be done! The inventive species is identified.

First, a drawing is made showing the inventive species. This is best done by a color photograph.

A claim or claims and an abstract would be added. And, standard text is added including sections titled: background of the invention; summary of the invention; brief description of the drawings; and an abstract of the disclosure. This part is not usually hard to do, but can be time consuming.

Then, a Declaration is prepared showing the name of the inventor and title of the invention. This is from a standard form provided by the US Patent Office.

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

Basic Guide to Intellectual Property that will save your business

By: Marsha Kelly

As an entrepreneur and small business owner, some of the most precious assets are intangible and are considered, rather than real or physical, intellectual property.

As you protect your valuable tangible property with insurance, legal records, and locks, you may defend your ideas and inventions similarly.

DIFFERENCES BETWEEN TRADEMARKS, COPYRIGHTS AND PATENTS  

First, you’ll have to be aware of the difference between the different kinds of intellectual property protection. Do you require a patent or trademark or copyright for your specific company usage?

Patents

The objective of a patent is to protect creations.

It’s a right which is awarded to the inventor of the national government that authorizes the inventor to stop people from selling, manufacturing or using their invention for a specified period.

The US patent system has been designed to promote devices which are distinct and encourage society. There are 3 distinct classes of patents:

Read more >> https://ideasplusbusiness.com/guide-to-intellectual-property/

How to Patent a Program

By: Michael J Foycik Jr.
February 24, 2020
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

Why Startups Need to File Patent at An Early Stage

By: Baishali Mukherjee

Patents play a major role in getting funds for startups, especially the tech ventures. Venture capitalists evidently favour tech startups with patent-pending innovation. Patents increase the prospect and quality of merger, purchase or sale of a corporation or an initial public offering. This incentivizes investors to fund start-ups opting for patents. Moreover, patent portfolios are used as defensive strategies to discourage patent infringement claims.

While Applying for a Patent, Mull Over the Hazards

When decidingon applying for a patent, take a look at your invention and mull over the risks of not patenting it against the costs of doing so. The best approach is to appraise alternatives for IP protection before publicly disclosing the idea (e.g., pitch competitions, crowdfunding campaigns, launches, trade shows, etc.). Find a startup patent lawyer who understands your state of affairs and is ready to assist you in developing a patent strategy that takes care of your funding and acquisition goals.

According to VinayShraff, Advocate, Supreme Court, High Court,Tribunals, it is a chicken-and-egg quandary for startups that are cash-strapped. “While they require capital to invest in protecting the IP, the investment can secure them with more funding,” informed Shraff.

Read more >> https://www.entrepreneur.com/article/306087

How to Patent

By: Michael J Foycik Jr.
February 16, 2020
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.

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

Unpatentable - No Problem! Tips To Protect Your Idea Anyway

By: Michael J Foycik Jr.
February 12, 2020
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 your new idea might not be patentable. Don't let that stop you! Here's some tips on what to do when your invention is not patentable.

Tip one: mark everything “confidential” and protect it under trade secret law.

Tip two: anything can be a trade secret. It just depends on the person seeing it. If it's new to them, and it's marked confidential, then it's a trade secret.

Tip three: a trade secret is probably better than a patent when it comes to those you have direct contact with. This is helpful if the idea is misappropriated by a retailer, distributor, developer, investor, and anyone else who sees the idea through you.

Tip four: file a provisional patent application (“PPA”). It documents your trade secret, the date of filing, and the ownership. As a government record, it is evidence. Few things could be as good.

Read more >> http://internationalpatentservice.com/Unpatentable-No-Problem-Tips-To-Protect-Your-Idea-Anyway.html

10 Reasons to Patent Your Startup’s New Invention

By: Doug Robinson

What would you do if your biggest competitor said your startup’s product infringes on its patent? What if you learned that the process your competitor uses to make its product infringes on a patent you own?

Patents can provide powerful leverage for your business. Patents are versatile: a patent can cover your products, the machines used to make your products, the compositions of materials that go into your products, or the processes you use in your business. Patents can even cover components or portions of those products, machines, compositions and processes.

Patents are also versatile in the value they provide businesses. Many people think of patents as only being used in huge business battles, like in the litigation between Apple and Samsung, but patents can be used in many other ways, and provide value to companies of all sizes, especially startups.

Read more >> https://startupnation.com/manage-your-business/patent-new-invention/

Startup Business: A Checklist

By: Michael J Foycik Jr.
February 7, 2020
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.

Starting a new business is exciting!  Here's a checklist you'll want to consider.

> Trademark application or registered trademark.  Everyone needs this.
> Pending patent application of any type: design, utility, or provisional (PPA).
> Funding, which can include crowd funding services like Kickstarter or Indiegogo.
> Copyright rights.  This includes your web site and promotional materials.
> Publicity, if using crowd funding sites or if needed to attract investors.

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

To Patent or Not to Patent?

By: McKeever

INTELLECTUAL PROPERTY

Here we have our suggestions and turn on Intellectual property through our personal experience of I.P.Lawyers, Patents, Trademarks, Design Right and Copyright. We have a few unique suggestions as a small business that has had a crash course in I.P. and the various pitfalls of I.P. from; facing a lengthy & costly patenting process to obtain a patent and dealing with a trademark infringement challenge with one of the worlds biggest internet brands & succeeding.

Please consider the following question and statements:

Do you need your idea protected or not, and what are you prepared to gamble? Finances & Time?

No.1 Are you prepared to invest the time and resources to obtain a patent for your idea or product? If so you need a realistic financial plan and funds for a lengthy & costly legal process that realistically may take 4 to 5 years before you see a return on your investment. This does not guarantee a water tight patent that hasn’t already been super ceded or become out of date before you get it to market. But with a good idea and patent you could potentially have a very lucrative & legally protected product long term.

Read more >> https://designovation.co.uk/to-patent-or-not-to-patent/

Some Indiegogo Success Tips

By: Michael J Foycik Jr.
February 3, 2020
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 an Indiegogo 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-Indiegogo-Success-Tips.html

DOES YOUR ETSY SHOP NEED A TRADEMARK, PATENT, OR COPYRIGHT? BY @DEBORAHSWEENEY

By: Deborah Sweeney

You’d be hard pressed to meet an entrepreneurially-minded woman who doesn’t consider Etsy to be an incredible haven for business. 88% of all Etsy sellers are women, according to the site’s November 2013 progress report, and 74% of sellers consider their Etsy shop to be a legitimate small business. And, because so many owners see their Etsy shop as a legitimate business, one of the most common questions they have is whether they need to protect their intellectual property with a trademark, patent, or copyright. I always recommend new small business owners err on the side of caution when it comes to IP protection, so if you are thinking about registering a mark or filing a patent but aren’t sure where to start, ask yourself the following questions.

Do you need to protect your logo or branding?

Then you should register a trademark. Now, you have the rights to a mark the minute you start using a unique logo, word, phrase, symbol, design, or any sort of branding, to distinguish yourself from your competitors. Technically, you don’t have to register a mark in order to claim it. However, if you don’t register a trademark with the USPTO, you may find it a difficult to enforce your rights to that mark, especially if the infringing party is outside of your home state. Etsy is a huge site, with international sellers and domestic shops from all fifty states. If your business is picking up, it would be a smart move to trademark your logo or branding before someone steals it so you can enforce your right to your brand.

Read more >> https://sheownsit.com/does-your-etsy-shop-need-trademark-patent-or-copyright/

Unpatentable - No Problem! Tips To Protect Your Idea Anyway

By: Michael J Foycik Jr.
January 28, 2020
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 your new idea might not be patentable. Don't let that stop you! Here's some tips on what to do when your invention is not patentable.

Tip one: mark everything “confidential” and protect it under trade secret law.

Tip two: anything can be a trade secret. It just depends on the person seeing it. If it's new to them, and it's marked confidential, then it's a trade secret.

Tip three: a trade secret is probably better than a patent when it comes to those you have direct contact with. This is helpful if the idea is misappropriated by a retailer, distributor, developer, investor, and anyone else who sees the idea through you.

Tip four: file a provisional patent application (“PPA”). It documents your trade secret, the date of filing, and the ownership. As a government record, it is evidence. Few things could be as good.

Tip five: mark your materials with a copyright symbol. It triggers at least some degree of copyright protection in many cases. This is done by use of the copyright symbol followed by the date and owner. Here's a made-up example: © 2014 ZYX Corp.

Read more >> http://internationalpatentservice.com/Unpatentable-No-Problem-Tips-To-Protect-Your-Idea-Anyway.html

Intellectual property rights explained

By: Charlie Wilson

If you have created a new device or way of operating then you are entitled to file a claim to protect your innovation. Ownership of an idea can be as important as ownership of a physical possession – particularly in financial terms – and so protecting intellectual property is a crucial step for any individual or business looking to use that idea or creation.

Intellectual property law is designed to ensure that others cannot copy or replicate your invention without facing heavy penalties. No matter what form your creation takes, you can rest assured that there is a form of IP protection to cover it, providing you can demonstrate that it meets certain criteria.

Patents, trademarks and copyrights are the most commonly occurring forms of intellectual property protection, affording peace of mind and recognition for what is broadly given the term of a “work”. Protection can be sought for almost any invention, whether it is an artistic piece (like a song, artwork, literature or game design), or a work of engineering or design.

There are several different forms of IP protection available and it is important to understand how and when to exercise each type of ownership. Let’s take a closer look.

Read more >> https://www.thelawsuperstore.co.uk/business/blog/intellectual-property-rights-explained

Quick And Easy Steps To Get Your Patent Application On File

By: Michael J Foycik Jr.
January 23, 2020
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.

Need a patent application on file in a hurry? This happens, for example, if you have a trade show coming up, or want to show your idea/invention to anyone.

First, write some things down: what it is called; what it does; how it works; and what it is made of. This part can be short or long, as you prefer. It is a great start either way!

Second, make simple sketches of what your idea/invention looks like. Show the parts, too. It's good to have several views, such as top, front, and side views.

Third, get an official patent office cover sheet for a provisional patent application online at www.uspto.gov, at the forms page. It's easy to find.

Fourth, check out the micro entity form and instructions. If you qualify (most do), you are entitled to much lower government fees, and fill out the micro entity form.

Fifth, put the information from the above first and second steps into the form of a standard specification with headings. This is easy to find at the www.uspto.gov site.

Read more >> http://internationalpatentservice.com/Quick-And-Easy-Steps-To-Get-Your-Patent-Application-On-File.html

IP Strategy 101: What Startups Need to Know

By: Ken Seddon

Though startup founders wear many hats when they launch their businesses — innovator, creator, delegator, coder, fundraiser, and marketer — not many list patent attorney among their titles. In fact, the absence of a cohesive intellectual property (IP) strategy is a common trait of many startup teams.

With so many things to think about — building a product, hiring a staff, fundraising, marketing, sales and more — there’s often little time left for a patent strategy. The problem with this reactionary mindset is that by the time an IP problem is large enough for leadership to deal with, the entire business could be at risk.

That’s why having a plan upfront will save you from a lot of expense and legal hassle later on down the road. Here’s how to think about putting one together.

Read more >> https://medium.com/startup-grind/ip-strategy-101-what-startups-need-to-know-29e3dd018be3

Google Secrets No More - What Recent Google Patents Tell Us About SEO, Ads, and More

By: Michael J Foycik Jr.
January 19, 2020
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 interesting features in several recently issued Google patents.  There are interesting insights, possibly secrets revealed, and opportunities too.  Let's have a quick look.
A favorite of this author is Patent Number 8,589,391, which relates to a method for generating web site ratings for a user.  This seems to be very useful.  You can look this patent up online by searching “google patents advanced search” which brings up an option to search by patent number.  I do recommend this, since there is an option to download the patent as a pdf file; this applies to the following patents as well.

And, something functional: Patent Number 8,589,387, for an Information Extractor from a Database, also assigned to Google.  Here's an opportunity – if this is so important, other firms may well be able to develop improved/different methods for doing this which may well be of interest to search engine companies like Google. 

More insights into the Google field of interest: Patent Number 8,589,399, for identifying terms of interest to an entity.  This has obvious interest to marketers, but may have broader implications.  And, there could be secrets revealed therein.  Worth a look!

Read more >> http://internationalpatentservice.com/Google-Secrets-No-More.html

Huawei ranks in the top ten for the first time in U.S. patent applications

By: Mzee Kobe

From the point of view of the ownership of patent companies granted by the U.S. government, the United States ranks first with 156,600 patents. Japan ranks second with 54,400. South Korea ranks third with 22,100. Finally, China ranks fourth with 16,900. Germany ranked fifth with 16,800 pieces. This is also the first time that China has surpassed Germany.

Last year was the year with the highest number of patents granted by the US government. It was also last year that Huawei was among the top 10 in the United States for the first time in the number of patent applications in the United States. Overall, China also surpassed Germany in 2019, becoming the fourth largest country on the U.S. patent list. Source: Bloomberg.

However, in fact, not only Huawei, but also the number of patent applications filed by Chinese companies such as BOE and Tencent in the United States increased sharply year-on-year, exceeding the national average.

On January 14, the US Commercial Patent Database (IFI Claims Patent Services) released data showing that the US Patent and Trademark Office awarded a total of 333,530 patents in 2019, a year-on-year increase of 15%. year.

Read more >> https://www.ambalink.com/huawei-ranks-in-the-top-ten-for-the-first-time-in-u-s-patent-applications/

Claims In A Patent Application - What You Should Know

By: Michael J Foycik Jr.
January 13, 2020
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.

What is a broad claim?  How can you protect your invention when competitors make slight changes?  Should you even worry about these things?  Here is a simple guide that may help.

There is a law of claim infringement that is worth knowing.  A claim is infringed if the accuses product has each and every limitation of the claim.  What's that mean?  Well, suppose a claim for a pencil reads:  “An implement for marking having a hollow tubular portion having a spreadable substance inside.”  Then, a pencil having an eraser would still infringe – the added feature of the eraser does not matter.  Even more importantly, that claim even reads on a lipstick case.  What a wonderful claim!

You too can have good – even wonderful – claims, if your invention can support them.  The one problem is that the patent examiner rejects any claims that would read on the prior art patents.  So, no one else can ever get a claim for a pencil as broad as the above example, now that pencils are part of the prior art.

Let's say your invention has all kinds of wonderful and exciting features.  Many do!  How should be approach the claims for such a product?

Read more >> http://internationalpatentservice.com/Claims-In-A-Patent-Application-What-You-Should-Know.html

Collecting and Using Competitive Intelligence | For Startups, New Ventures, and Entrepreneurs

By: Jace 

Competitive Intelligence? What’s competitive intelligence? According to Wikipedia, “Competitive intelligence (CI) is the action of defining, gathering, analyzing, and distributing intelligence about products, customers, competitors and any aspect of the environment needed to support executives and managers in making strategic decisions for an organization.“

For the day to day, it means understanding what your competitors, direct and indirect are doing, how big their war chest is, whom they’re hiring, and then trying to figure out how you can outcompete them based on your realities. Competitive intelligence is an ongoing process. It is about accumulating relevant knowledge that your entire executive team can implement into the overall company strategy. 

Read more >> https://f3fundit.com/the-need-for-competitive-intelligence/

Responding to a Rejection in a Patent Application

By: Michael J Foycik Jr.
January 12, 2020
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.

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

Basics of Intellectual Property Law in Nigeria

By: David Adamgbo

Here I’ll be talking about six different areas of intellectual property law which is also referred to as IP or IP Law, these areas include:

> Patents
> Copyrights
> Trademark
> Industrial Design
> Trade Secrets and,
> Right of Publicity

Basically intellectual property law is a law or a set of legislative enactments created to protect the product of human ingenuity (intangible assets such as words, sounds images etc).

Patents

A patent is a monopoly over an invention and The Patent Act governs the registration and administration of patents in Nigeria. Patents cover compositions of matter, basically composition of matter is a broad concept, it can be anything ranging from new chemicals to machinery or even an app or a computer software.

But because you have something that’s within a patents subject matter it doesn’t necessarily mean you can get a patent for it, in other to get a patent you must prove novelty, utility and nonobviousness. However a patent can’t be granted for inventions which are contrary to public order and morality. The term of a patent last for a period of twenty (20) years from the period of registration and it’s none renewable.

Read more >> https://solicitorswords.wordpress.com/2020/01/10/basics-of-intellectual-property-law-in-nigeria/

What Is Patentable?

By: Michael J Foycik Jr.
January 20, 2020
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.

Wonder what is patentable? When a good idea could becomes a valuable right? If so, read on!

The legal standards are simple to state: anything new an unobvious. But, what is new? And, what is unobvious? This is discussed as follows.

Anything “new” would include a new arrangement of old parts, an arrangement which achieves a new result, and any improvement to an existing device. These all may be deemed to be new and can therefore support a patent application. A very small improvement is still new under this standard.

Make something useful out of standard hardware items? That's ok, as long as it is new. How do you know it is new? Well, if you didn't copy it, and haven't seen one anywhere, then it could be new. A patent search might – or might not – turn up relevant prior art, so that's another way to try to guesstimate whether something is really new or not.

The next item, though, is whether the invention is unobvious. That is a legal determination which is typically made by a patent examiner in the course of his/her duties. This standard may vary greatly from one person to the next, but in the end the examiner's decision is the one that counts.

Read more >> http://internationalpatentservice.com/What-Is-Patentable.html

Will 2020 be the year you take the leap to start up your own business?

By: William Dean

Setting up your own business can be a daunting task. We know. We work with many entrepreneurs and startup businesses who often juggle the demands of a full or part time job in tandem with investing time, energy and money into their fledgling business.  However, as your new business starts to gain traction you may need to decide whether the time is right to take the leap, give up the day job, and become a full time business owner.

So if you have a great idea or have a startup business looking to take the next step, here are some key points which may help you decide whether 2020 will be your leap year.

Financially fit?

One of the most common reasons for a startup failing is running out of money. It is therefore essential to manage your cash flow. Establishing a budget and sticking to it will help you track where every penny is going (and coming from).  You can do this by monitoring your outgoings, establishing realistic (and achievable) goals for your finances – both short and long term – and getting some expert advice. Barclays and NatWest specialise in finance for startups, providing support through Barclays Eagle Labs and NatWest’s Entrepreneur Accelerators.

Read more >> https://www.barkerbrettell.co.uk/will-2020-be-the-year-you-take-the-leap-to-start-up-your-own-business/

Patent Mistakes Commonly Made By DIY Inventors

By: Michael J Foycik Jr.
January 9, 2020
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

Nigeria: Essential Intellectual Property Rights Protection For E-Commerce Companies In Nigeria

By: Bisola Scott

INTRODUCTION

The internet has transformed the conventional way of trading, and businesses trade over the internet, either exclusively or in addition to having physical stores. This mode of trading is referred to as e-commerce, with the added functionality of electronic transfers of money and data to execute various business transactions.2  With the introduction of online retail stores such as Konga, Alibaba, and Jumia, Nigerians, like consumers elsewhere, are rapidly embracing online shopping.3 Currently, the amount that has been expended on e-commerce transactions in Nigeria is estimated at $12 billion and projected to reach $75 billion in revenues per annum by 2025.4 Some of the advantages of e-commerce include convenience in purchasing and subscribing to services, the provision of an array of products or services to choose from, and discounted prices as it is usually less expensive to operate.5

Intellectual property rights are the highest value-bearing component of e-commerce companies6 and are protectable under intellectual property laws in Nigeria through the avenues of trademarks, copyrights, patents, trade secrets and confidential information. These rights are valuable assets which may generate income and enable a company acquire or maintain a competitive edge in the marketplace. It is vital that e-commerce companies protect their intellectual rights to prevent infringement and theft by third parties, which may result in reduction in revenue generated and sometimes affect the integrity of their brand. The key intellectual property rights in e-commerce businesses are highlighted below.

Read more >> http://www.mondaq.com/Nigeria/x/880786/Trademark/Essential+Intellectual+Property+Rights+Protection+For+ECommerce+Companies+In+Nigeria

A Patent Attorney Talks About Investing

By: Michael J Foycik Jr.
January 6, 2020
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.  

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

Exploring Intellectual Property at Apple: A Study of Strategy and Patterns

By: Julia Justusson

Whether companies use patent portfolios to encourage innovation or to stifle competition, protecting intellectual property (IP) is an important part of corporate strategy. As ktMINE has previously noted, companies rely on patent and trademark infringement litigation to prevent competitors from copying valuable designs and inventions. Apple, in one notable example, has been arguing in court since 2011 that Samsung committed patent infringement in copying features of its smartphones and tablets. In the latest verdict in late May of this year, the U.S. District Court in San Jose ordered Samsung to pay Apple $539 million in damages for infringing upon three design patents and two utility patents.

Apple has fully embraced using the technology patent system to their advantage, dating back to Steve Jobs’ determination in 2006 to protect the iPhone before its first release. According to the company’s former general counsel Nancy Heinen, “[Steve Jobs’] attitude was that if someone at Apple can dream it up, then we should apply for a patent, because even if we never build it, it’s a defensive tool.” Apple’s extensive patent portfolio reveals certain trends in research and development, but also indicates the company’s intent to use its IP as a tool to prevent competitors from either copying existing technologies or bringing Apple’s “original” ideas to fruition first.

Read more >> https://www.ktmine.com/exploring-intellectual-property-at-apple-a-study-of-strategy-and-patterns/

Getting Investors - Ultra Quick Tips

By: Michael J Foycik Jr.
Dec 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.

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

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.

Read more >> http://internationalpatentservice.com/Getting-Investors-Ultra-Quick-Tips.html

How To Trademark Your Logo Design

By: Admin

Finding the perfect logo design for your business can be a big task all by itself. Once you finally find a logo designer or use a logo maker and finish up your logo, it’s time to consider doing a trademark on your logo. Probably only 90% of people that have a logo design actually trademark the design. It’s not completely necessary to have a trademark to protect your design. If you can prove your design was designed and paid for by you, this can sometimes be enough to protect your design. If you are worried about someone stealing your logo and you are unsure if you should trademark it, then just trademark the logo and set your mind at ease.

Pursuing your own business can bring about a whole range of feelings, from excitement to tedium. However, one of the more exciting activities to engage in is the design of the company’s logo. Your logo will give off the first impression of your company, over and over, as it is displayed for all to see. That could mean adverts, websites, business cards, billboards, and even commercials. While you want your logo to represent you in the best ways possible, you also have to make sure that you are representing your logo correctly. In order to do this, you need to trademark your logo and we’re going to tell you how to go about it. From large businesses to smaller businesses, there is a way for everyone – depending on how thoroughly you want to personally own your logo.

Read more >> http://www.youngupstarts.com/2019/12/26/how-to-trademark-your-logo-design/

GETTING INVESTORS – SURPRISING TYPES

By: Michael J Foycik Jr.
Dec 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 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! 

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

Alex Tame: Why Startups Need to Have a Global IP Strategy

By: Alex Tame

In an increasingly global economy, even startups need to consider where their companies fit in internationally. Entrepreneurs wear many hats — operations, marketing, engineering and sales among them — but few tout themselves as patent law experts. Often the last thing on their minds is an intellectual property (IP) strategy — but this can be costly in the long term.

Patent assertion entities (PAEs, also referred to as “patent trolls”) are a growing threat to companies in the UK. Patent trolls are companies whose primary revenue model is to acquire patents for the sole purpose of using them to sue other companies. They’re a big problem in the US, where they have resulted in more than 60 billion GBP in lost wealth annually, and where many UK startups look as a secondary market.  They’re a growing problem in the EU, as German courts have proven to be favourable to trolls.

Startups doing business in these markets expose themselves to patent troll risk — and the cost of defending against those lawsuits — to the tune of 2.4 million GBP per suit — can easily put an early stage company out of business.  Because of these risks, nearly 50 UK-based companies have joined LOT Network, including well-known names like Ocado and Boots.

Read more >> http://www.theuknewspaper.co.uk/why-startups-need-to-have-a-global-ip-strategy/

WHAT IS TRADEMARK

By: Michael J Foycik Jr.
Dec. 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.

WHAT IS TRADEMARK. . .
 > protection
 > application
 > infringement

A trademark is any mark, logo, or phrase that serves to distinguish one source of goods from another.

When a trademark is in actual use in commerce, common law trademark rights can often exist even without a registered trademark. These can be enforced in state courts.

A federally registered trademark can be enforced in federal courts. To get a registered trademark, it is necessary to first file a US Trademark Application.

Such an application needs the information noted in the query form shown on this page.

A trademark search is strongly recommended. Skill is required in interpreting the results, since even identical trademarks can be registered if they are in sufficiently different classes of goods/services.

To get started now:
No money is needed to get started. Once we receive the above-noted information for a trademark application, we perform a free, informal search of the trademark records and advise if a serious obstacle exists in the form of a prior similar trademark application. There is no cost or obligation for this. An experienced trademark attorney interprets the results of the informal search.

Read more >> http://internationalpatentservice.com/What-is-Trademark.html

4 Key Questions Every Entrepreneur Should Ask About Intellectual Property ("IP")

By: Mark Getty

To avoid early missteps in protecting valuable business intellectual property, every entrepreneur should regularly ask himself or herself the following questions about their intangible assets.

1. What IP does my business currently own? 

> Take an accounting of all trademarks, inventions, trade secrets, confidential information, or other proprietary information currently owned.  For a quick & easy primer on the various types of intellectual property and what legal protections may be available, a brief summary can be found here.  

> If you are new or small business, start with a simple spreadsheet that tracks the type, status, & description of all IP owned, and update the spreadsheet regularly with details such as: (1) the date any pending applications or registrations were filed, (2) the date that responses to any official correspondence are due (for example to the USPTO), and (3) the date any applications/registrations expire or need to be renewed. 

> Keep in mind that you may own the IP personally if you are an early stage company (or simply a sole proprietorship). You may consider assigning any patent or trademark applications/registrations from you personally to the company to add valuable assets to the company (or license them if you would prefer to keep title). 

Read more >> https://www.startupheartup.com/blog/4-questions-every-business-owner-should-ask-about-intellectual-property-ip

Electronics Inventions Facing Patent Legal Adversity – Surprisingly Good News For Your Inventive Electronics!

By: Michael J Foycik Jr.
Dec 16, 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.

You may already know the patent hurdles facing inventions related to electonics.  Over the last few years, the federal appellate courts have sharply limited what is and is not a patentable electronic invention. 

At one major example, the case In re Bilski limited electronics and software claims to those that require hardware.  Here's a very short listing of objections that have recently been seen: mere data-gathering is not a sufficient role for the device; the device is not truly needed to execute the invention and merely carries out the steps; and the device employs transformative steps that require no particular machine.  Those are major hurdles to overcome.  Yet, there are more such hurdles.

But, that's actually very good news for inventors in electronics!   With fewer patents, it is easier for a new one to dominate a valuable technical area.  Or, if you have a late inventive entry into a field and worry that you may be too late, an absence of patents could allow you in.  And, of course, your invention may be the one to prevail, if your attorney knows what to do.

Read more >> http://internationalpatentservice.com/Electronics-Inventions-Facing-Patent-Legal-Adversity.html

Beyond Patents: The Problems of Non-Traditional Trademark Protection for Medicines and Health Technologies

By: Irene Calboli

In November 2015, the United Nations Secretary General convened a High-Level Panel on Access to Health Technologies. The Panel’s objective was “to propose solutions for addressing the incoherencies between international human rights, trade, intellectual property rights, and public health objectives.” In a Report issued in September 2016, the Panel discussed how countries worldwide could use the flexibilities in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) to foster research and development of health technologies. Unsurprisingly, the Panel’s report focused on patent law. Yet, in the Report’s Annexes, it was highlighted that other IP rights, such as trademarks and copyright, can also “exert monopolistic effects in the market,” and that the effects of these rights can “rival those associated with patents and with a far greater duration” due to their different terms and scope of protection.1 As a result, it was noted, more attention should be paid to these rights “to tackle the[ir] combined effects … on the cost, distribution, and accessibility of medicines and health technologies.”2

Similar to the Panel’s Report, academic scholarship on access to medicines and health technologies continues to focus largely on patents and related limitations and exceptions to patent rights.3 This is of course understandable, considering the primary role patents play in the research and development and the exclusive market distribution of medicines and health technologies. 

Read more >> https://link.springer.com/article/10.1007/s40319-019-00893-y

NDAs: Trick or Treat - Do They Help, and Should You Want One?

By: Michael J Foycik Jr.
Dec 9, 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, you've probably seen an NDA (Non-Disclosure Agreement).  Do NDAs really help?  And, can NDAs be enforced?  Is there anything tricky there?  Good questions, and you might be surprised by the answers!

It would help to know that an NDA covers trade secrets.  Yes, you want to show your invention to someone, and that invention is covered by a patent application.  But, that means your invention is a trade secret (assuming you haven't already published it already).  So, your invention can also be your trade secret. 

If your invention is stolen (misappropriated), you would probably prefer tort damages, instead of contract damages or patent damages.  Here's why: tort damages can be punitive in nature and can therefore be big even when the infraction is small.  Contract damages tend to be limited to the provable amount of money lost (there are exceptions).  Patent damages cover actual infringement situations, provide a percentage of the lost profits (as one example, and there are exceptions), and require an issued patent.  Every case is different, and the above is just a rough guide – you'll need to talk with a lawyer for specific advice.  Note that an NDA is a contract and often specifies the damages and the law to be applied.

Read more >> http://internationalpatentservice.com/Trick-or-Treat.html

International Intellectual Property Rights: Everything Exporters Need to Know

By: Benjamin Williams

The importance of doing business internationally grows more significant every year. It is important to remember that not only does international business open up a world of possibilities, it also comes with risks you might not have considered before. This makes understanding your international intellectual property rights and how to fully protect your products and ideas all the more vital.

Intellectual property rights are exclusive rights given to creators to protect their creations for a specific period of time. These rights are granted through multiple different methods, including copyrights, trademarks, and patents. Before you can successfully export your products internationally, you must ensure that your products are fully protected through the right methods and in the right countries. 

Trademarks and Service Marks

According to the USPTO, a trademark is “a word, phrase, symbol, or design that identifies and distinguishes the source of the goods of one party from those of others.” Trademarks protect any logos or brand names you use on your goods. This makes it illegal for other companies to use the same logo, brand name, or service mark or one so similar that it is indistinguishable from your original, which is called counterfeiting. Once you have ensured your trademark is federally registrable and legally protectable, you can move forward with the registration process.

Read more >> https://tradove.com/blog/International-Intellectual-Property-Rights-Everything-Exporters-Need-to-Know.html

Great Ways to Invent – Get Incredible Features In Your Invention

By: Michael J Foycik Jr.
Dec.4, 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.

You want your invention to become a really successful product. You want it to be patentable. But you're not sure how. No problem! Here is one of the best ways to do it.

You'll first want to find unusual new things – products or novelties in search of a use. You want really great things, the kind that will inspire your creativity: new electronics, new compounds, new physics, and novel compositions with unusual features.

Those things are easy to find in the patent category for toys and novelties, because that is the haven for inventions in search of utility. Why? Because of the US Patent requirement for utility: no utility, no patent. So, if your utility is unknown, yet the invention seems interesting in some way, the easiest utility is as a toy or amusement device.

But how can you see those things conveniently? That's so easy – use an online search by class/subclass using the patent office web site. At the US Patent Office site, do a search by Class/Subclass. For toys, the Class is 446. Subclasses are by topic, for example 446/15 is for toys with soap bubbles.

Read more >> http://internationalpatentservice.com/Great-Ways-to-Invent-Get-Incredible-Features-In-Your-Invention.html

Patents in Asia-Pacific 2019/2020: The new innovation battleground

By: Jacob Schindler

Asia is the centre of the IP world, accounting for two-thirds of all patent, trademark and industrial design applications filed last year according to WIPO. Its importance will only grow as Chinese companies – already the world’s most prolific patent filers – continue to mature and tech firms from emerging markets seek to replicate their remarkable IP rise. Thinking about the future of patents in Asia, three key jurisdictions stand out. First is China, which as mentioned has already attained numerical supremacy in the patent world. The attempt of its leaders to shift towards a system that emphasises quality is a major initiative that could reshape the innovation landscape but will this effort survive a major trade standoff in which IP protection has become a crucial point of contention? The second place that patent owners are studying much more carefully is India. The country is a major engine of innovation, home to research and engineering campuses for some of global tech’s biggest players. For all that, India’s own companies have generated only a small volume of patent output compared to their peers across the region. But improving patent office efficiency and an uptick in enforcement through the courts are increasingly giving India a bigger role to play in patent strategies.

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