Op-Ed: Protecting intellectual property

By: admin

EVERY year on April 26, we celebrate World Intellectual Property Day to learn about the role that patents, trademarks, and copyright play in promoting innovation, creativity and progress. As we celebrate this year under the worldwide theme, “Powering Change: Women in Innovation and Creativity,” we recognise the ingenuity of women around the world, who are bravely using their ideas, designs, and products to shape a brighter future for us all.

Our recent event on the role of copyright protection in promoting local content and business development in Guyana reflected that theme, from an opening speech by Minister of Public Telecommunications Catherine Hughes to the inclusion of remarkable women artists that added a wealth of depth to our panel and audience. Through their voices and the insight of all our panellists, we came to one conclusion: to honour content creators around the world, we must consider how we can protect their work from theft. Only this will ensure they receive the credit and financial reward to enable them to keep using their creative talents to better themselves, to better their craft, to better Guyana, and ultimately to better the world.

The protection of the creativity and hard work of writers, artists, musicians, and others makes prosperity and progress possible. During my time as U.S. Ambassador to the Co-Operative Republic of Guyana, I have seen first-hand that Guyanese are hardworking, intelligent, and resourceful. The ingenuity and ability of Guyana’s artists and entrepreneurs are daily proof of it.

I consider them and their creations as part of the social fabric and cultural patrimony of Guyana, highlighting the true extent of this country’s wealth beyond its already vast natural resources. As representatives of Guyana’s country brand domestically and overseas, writers, artists, film-makers, fashion and textile designers, mobile and web application coders and creators, and inventors in all sectors send a strong signal to the rest of the world about Guyana’s values, traditions, and knowledge. Protecting their creations and their intellectual property rights (IPR), is the right thing to do.

It’s not just individuals who benefit. Research shows that robust legislation to protect IPR encourages the development of the arts and breeds innovation in science and technology. Many people assume protecting people’s IPR only helps high-income countries, where companies spend large amounts on research and development (R&D).

However, economists have learned that improving patent, trademark, and copyright protection helps economic development in countries at all economic levels.

This is because a strong IPR framework aids open trade, which in turn creates greater trust between trading partners, helping to increase economic prosperity. In fact, the U.S. Chamber of Commerce’s international index found a strong link between robust IPR protection and increased technology transfers and exchanges, access to foreign direct investment, and employment. Even countries without large – or even visible – R&D sectors benefit from a strong IPR regulatory framework, because it gives them more access to new partnerships, technology, and knowledge. As the Government of Guyana prepares to take up the pen on copyright legislation, I commend the ministers, advocates, and content creators that have been and will continue to champion an improved framework of IPR protections in the country.

They are the visionaries that see, today, how legislation, treaties, and outreach will ultimately benefit the people and the economy. Today, on World Intellectual Property Day, I salute them and encourage all of us to support local content creators – from artists to inventors to software engineers–by purchasing their work through legal means and by applauding those advocating for change.

Source >> http://guyanachronicle.com/2018/04/26/op-ed-protecting-intellectual-property

The AIA And Its Impact On The Independent Inventor

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.

The AIA And Its Impact On The Independent Inventor

By Michael Foycik ©2011
Used with permission. 

The Leahy-Smith America Invents Act, AIA for short, proposes sweeping changes to the U.S. Patent legal system and to the U.S. Patent Office itself. The “first to file” provision is of the greatest importance to independent inventors. Most of the other changes are, more or less, administrative in nature, and will be covered in future articles. This article takes a brief look at the issues affecting the independent inventor, and especially the “first to file“ provision of the AIA.

Simply put, the “first to file” law would mean whoever is first to file a patent application will be deemed the true inventor. Sounds simple, but the law also provides for a possible “derivation proceeding” which would have a very limited scope.

What does this mean for the independent inventor? For one thing, it means even the best confidentiality agreements and NDAs (non-disclosure agreements) will have questionable value. It will be difficult, and very costly, to contest inventorship under the AIA. How costly? It depends, but even now the costs of contesting inventorship may be out of reach of most independent inventors; under the AIA, far greater hurdles will exist, and the cost will be higher.

Under the AIA, independent inventors would be well advised to first file a patent application (provisional or utility, either will suffice) before showing the invention to anyone.

This is already my recommendation to inventors: file a patent application first! Do this before you show it. Do not trust in agreements or contracts to protect your rights. Too costly, you say? Not true! A provisional patent application is very cost effective, gives substantial rights, and the government filing fee is relatively low. And, if you can’t afford the government filing fee, there are even some work-around solutions for that, which I may write about in a future article.

Read More >> http://internationalpatentservice.com/The-Aia-And-Its-Impact-On-The-Independent-Inventor.html

US increasing focus on Intellectual Property protection in Guyana

By: Denis Chabrol

The United States (US) appears to be stepping up its focus on intellectual property protection in Guyana, with American Ambassador, Perry Holloway urging locals not to buy bogus products and welcoming signals that government is about to draft modern copyright legislation.

“Today, on World Intellectual Property Day, I salute them and encourage all of us to support local content creators – from artists to inventors to software engineers – by purchasing their work through legal means and applauding those advocating for change,” he said in an Op-Ed to mark World Intellectual Property Day on April 26. This year’s theme is “Powering Change: Women in Innovation and Creativity”.

Holloway said as the Guyana government prepares “to take up the pen on copyright legislation, he commended the ministers, advocates, and content creators that have been and will continue to champion an improved framework of IPR protections in country.

“They are the visionaries that see, today, how legislation, treaties, and outreach will ultimately benefit the people and the economy,” he added.

Owners of creative works still have to rely on the 1956 British Copyright Act that Guyana inherited from Britain at the time of independence in 1966.

Guyana is particularly known for the reproduction and sale of  music, movies and textbooks. Several years ago, when a local mass-producer of copied foreign textbooks was on the verge of winning a bid to supply the Ministry of Education, the United Kingdom Publishers association had taken legal action. That had eventually led to several agents for the British publishers bidding to supply original versions of the textbooks.

Concerns have also been raised about some television stations relaying foreign content without permission and also obtaining local sponsorship. A number of local businesses have also named their entities after well-known established names.

The US Ambassador noted that the American embassy’s recent event on the role of copyright protections in promoting local content and business development in Guyana reflected that theme, from an opening speech by Minister of Public Telecommunications Catherine Hughes to the inclusion of remarkable women artists that added a wealth of depth to that panel and audience.

Holloway said through their voices and the insight of all of the event’s panelists, they have concluded that it is necessary to stop stealing other persons’ original works to ensure the creators continue to earn and contribute to Guyana’s development.  “To honor content creators around the world, we must consider how we can protect their work from theft.  Only this will ensure they receive the credit and financial reward to enable them to keep using their creative talents to better themselves, to better their craft, to better Guyana, and ultimately to better the world,” the American envoy said.

He noted that every year on World Intellectual Property Day,  the opportunity is seized to learn about the role that patents, trademarks, and copyright play in promoting innovation, creativity, and progress.  “As we celebrate this year under the worldwide theme “Powering Change: Women in Innovation and Creativity,” we recognize the ingenuity of women around the world, who are bravely using their ideas, designs, and products to shape a brighter future for us all,” he added.

Read More >> http://demerarawaves.com/2018/04/25/us-increasing-focus-on-intellectual-property-protection-in-guyana/

US & USPTO Trademark

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.

US & USPTO TRADEMARK GENERAL INFORMATION

Preparing a US Trademark Application

To start, the trademark owner will have chosen a word, phrase, or design as their trademark. The trademark is what is applied to the goods or services, and is NOT usually the company’s name. For example, a company named XYZ which sells garments will attach a label to those garments with a trademark such as the fashion designer’s name, and NOT with the name of their company. To claim trademark rights, the symbol “TM” can be used, preferably as a superscript after the trademark. Alternatively it can be written in parentheses after the trademark. Example: If the trademark is “Wise“, it can be written as Wise™.

A US Trademark Lawyer, also called a US Trademark Attorney, can prepare a US Trademark Application for filing with the USPTO. The US Trademark Lawyer will draft a trademark application using a description of the goods/services together with a drawing showing the trademark, where the “drawing“ is often just the typed word in capital letters. That format encompasses all variations of that mark, within the laws pertaining to how marks are used. For example, the typed drawing in all capital letters will encompass an infringing use of the mark in script letters, or as part of a larger drawing.

The draft application is sent to the owner of the trademark, and changes can be made if necessary. We do not add any additional charge for making changes to the application at this stage. When the draft is finalized, the owner signs a form claiming ownership of the trademark application. Once it is filed, it receives a Serial Number and an Official Filing Receipt, and thus becomes an official US Trademark Application.

At some point in this process, it is advisable but not necessary to perform a US trademark search. The US trademark search can find prior art trademarks that show the extent of the closest prior marks and whether the mark has been registered at an earlier time. If an expired trademark is discovered which is very close to the application, then that expired trademark might or might not mean the mark is available to other applicants. If a pending US Trademark Registration covers the mark and is in the same or similar field of goods as the applicant’s mark, then it is possible that infringement could occur. It is important to know if a product or service might infringe an existing unexpired US Trademark Registration. If no USPTO registration exists which covers the trademar, then it is possible that the trademark can be registered. As noted above, it is not necessary to conduct a trademark search prior to filing a new trademark application.

Read More >> http://internationalpatentservice.com/US-USPTO-Trademark.html

SOM study reveals gender inequity in patent process

By: LINDSAY DAUGHERTY

Three professors at the Yale School of Management recently published an analysis that revealed gender disparities in the patenting process. Kyle Jensen, Balázs Kovács and Olav Sorenson reviewed 2.7 million U.S. patent applications and found that women had overall less favorable outcomes than men. Their patents were less likely to be accepted, appealed if rejected or adapted, the study found.

According to the report, published in the journal Nature Biotechnology, women make up only 10 percent of U.S. patent inventors. When the United States Patent and Trademark Office released information on patent applications from 2000–2016 to the public domain about three years ago, the SOM professors saw an opportunity to explore the causes of this unnerving statistic, Kovács said.

The three men found that the gender disparity could not be attributed entirely to application rates. Across all fields, women inventors are 21 percent less likely than men to have their patent application accepted. This percentage decreased to 7 percent when controlled for industry, still a significant discrepancy.

“Our theory is that they don’t know who these [applicants] are, so they just look at the name,” Kovács said.

The applicant’s name is the only potential indicator of gender in a patent application, but the professors thought that gendered names might be enough to evoke biases. The researchers used information from the Social Security Administration and commercial databases to determine the probable genders of applicants based on their names. Then they collected data on the progress and ultimate results of the applications.

“It’s surprising just how ubiquitous the negative effects are,” Jensen told Yale Insights, a School of Management publication. “It’s not just across one metric. They are less likely to have their patents accepted. Fewer claims are granted. The claims are longer, less often maintained, less often cited.”

It is difficult to determine whether the results point to biases within the patent office or to a larger societal problem, Kovács said.

Take, for example, the disparity in independent claims — attributes of an invention that are listed by the inventor to be novel and therefore warrant a patent. The Patent and Trademark Office can return an application with requests for the modification of or removal of certain claims. The inventor then makes changes to her application and resubmits it. At the end of this process, female inventors will have 80 percent fewer independent claims than males.

Women also tended to write longer independent claims, which are more specific and limiting to their patent, according to the study. These disparities might suggest that women are less willing to negotiate the terms of their revisions. On the other hand, it could point to a bias in the Patent and Trademark Office if officials are holding applications from women to higher levels of scrutiny.

Regardless of the causes, the study revealed an issue in innovation previously not discussed, Kovács said.

“The goal is that the United States Patent and Trademark Office is aware that this is happening,” Kovács said.

The study has gotten some attention from journals, but the results have not yet been sent to the Patent and Trademark Office. Kovács is hoping the study might inspire the Office to consider its biases and conduct more research on the roots of the issue.

The SOM research team, however, is not quite satisfied with its work. For example, the team still wants to look into the effects of interviews in the process. Not all patent applications include interviews, but Kovács said that interviews seem to decrease the demonstrated bias. The team plans to investigate this claim with the same database used for the 2000–16 report.

Meanwhile, the gender gap doesn’t seem to be getting any better: During the 16 years studied, the data on patent applications remained fairly consistent.

Source >> https://yaledailynews.com/blog/2018/04/16/som-study-reveals-gender-inequity-in-patent-process/

Do I Need A Patent?

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.

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.

And, there may be other reasons, in particular cases, for having a patent.

And, there's more! A patent is based on a patent application. Even before a patent application issues as a patent, the pending patent application can also give important benefits. These are as follows.

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

Why an Indian hotel startup is taking the difficult route of filing patents

By: Ananya Bhattacharya

India is no country for filing patents. Riddled with problems, from lack of awareness to systemic flaws, the country is one of the least friendly when it comes to intellectual property (IP) rights. In 2016, just 45,000 patents (pdf) were filed in India—China registered over 1.1 million in the same year.

However, a three-year-old Bengaluru-based startup has now gone against the grain.

Budget hotel chain Treebo has filed for not one but four patents in India and the US for its quality management system.

“Since Treebo’s operations are spread across 70 Indian cities and different people have different expectations (of quality), providing a consistent, reliable experience can be a challenge,” Kadam Jeet Jain, Treebo co-founder and chief technology officer, told Quartz. “Even when we were in just four cities, we realised that relying on manpower to do quality control would be unsustainable in the future.”

So, the company developed Prowl, a software that helps Treebo ensure the quality of its service, and soon plans to monetise it.

Treebo’s patenting plans 

Launched in 2015, Prowl lets Treebo’s on-ground auditors feed in their evaluations of hotels and curates customer reviews from various websites. It then uses machine learning to turn all this information into data points to help anticipate possible hiccups across the 400 hotel partners listed on Treebo.

These are the different aspects of Prowl that Treebo is looking to patent:

The move to patent these systems could boost Treebo’s business considerably, experts said.

For one, having the “patents tag” could help it attract more investment from venture capital firms, better its prospects in the mergers and acquisitions space, and make it more suitable for an initial public offering (IPO), Adheesh Nargolkar, a partner at law firm Khaitan & Co, told Quartz.

Moreover, patenting “enables businesses to monetise ideas more quickly” while also warding off duplication or theft by competitors, said Mandeep Singh Baweja, the India managing director of CPA Global, an IP technology firm.

Treebo believes if Prowl’s patents are approved, it may help establish a new revenue stream. “We could sell it as a software as a service (SaaS) solution to other players in the otherwise low-tech hospitality industry,” Jain said.

However, patenting is not up every startup’s alley.

Unless one is operating in the up-and-coming segments like electric vehicles or space research, where there is a need to shield virgin ideas, a firm should turn to patenting only after establishing a robust business model, said Murali Talasila, partner and innovation leader at PricewaterhouseCoopers (PwC) India.

“Startups will end up burning cash filing patents rather than generating revenue and finding customers” if they apply for patents too early in their life cycle, Talasila said.

Read More >> https://qz.com/1232227/treebo-hotels-wants-to-take-the-difficult-path-to-success-with-patents/

Steps For Getting A Patent

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.

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

AN INTELLECTUAL PROPERTY GUIDE FOR VENTURE CAPITALISTS

By: Rebel Venture Fund

In this era of technology and innovation, businesses are becoming increasingly dependent on intangible property (aka: intellectual property) to run their operations and produce profit. That being said, investors need be confident that the intellectual property assets of a company (patents, copyrights, trademarks, licensing agreements, etc.) are legally and fiscally sound prior to tendering agreements. The intellectual property protection of a startup plays a significant role in determining its value. In fact, for some startups, intellectual property protection is the sole metric for valuation.

IP assets are incentivizing for venture capitalists because they have multiple aspects of value and have the potential for creating “excess profits”. These multi-revenue, generating aspects include defensive use, internal use, sale, licensing, and others.

Examples of IP assets are: patents, software, domain names, trademarks, and trade secrets. To ensure maximized profits and to promote growth, it is imperative that startups identify and protect these assets. Proper intellectual property protection can mitigate revenue swallowing litigation and demonstrate to investors that your business is a sound investment.

PATENTS

Probably the most well-known IP protection is through a patent. US Patents are granted by the United States Patent and Trademark Office (USPTO), within the Department of Commerce. When a US patent is granted, it essential gives the inventor(s) or assignee(s) the authority to exclude other parties from using, selling, or making their product or design in the United States. Given its power to create a temporary micro-monopoly, patents are generally highly sought after since they grant the patent owner exclusive rights to the product, which can translate to a significant competitive advantage. However, it is important that investors and innovators be aware of the nuances that accompany this IP protection method and how it affects potential investments.

While a patent may have significant advantages, the path to obtaining one is not easy and is time-consuming. Angel investors should take into serious consideration the current stage of patent prosecution the investment seeking startup is in. The average cost to prosecute a patent through its completion varies based upon the nature of invention and other variables, but can range from $5,000 - $20,000. This includes the cost of filing fees as well as the acquisition of patent practitioners (patent attorneys or patent agents). As of 2014, the USPTO takes, on average, 3 years to render a final decision on a patent application. The price and time necessary to obtain a patent are serious factors that should be considered by investors and business owners alike.

It is also important for investors to be well versed in the patent application process. A common misconception is that inventions or designs obtain patent protection once a patent application is filed. That is not the case. A patent application may be granted, rejected, or suspended until corrections are made or information is provided (in the form of office actions). A patent application renders no protection until the patent is approved and issued by the USPTO.

Similarly, the filing of a provisional patent application (patent pending status) provide only temporary protection and does not extend to the power of an issued patent. Investors beware: there is no such thing as a provisional patent. One may file a provisional patent application, but there is no patent protection until a non-provisional patent application is filed and a patent is issued by the USPTO.

Absence of filing for a non-provisional patent application or lack of an issued patent are serious red flags on the sustainability of a company’s competitive edge and orientation of its future growth. Furthermore, given the complexity and significant amounts of time required to obtain a patent, inquiry into the skills of the acquired patent practitioner should be made. While the USPTO permits the inventor to file for his or her own patent applications, signs of a well-drafted patent application come from acquisition of experienced patent attorneys or patent agents. This is more true for potential investments that overlap into international markets. Provisional patent applications, international placeholders, and self-draft patent applications are not strong signs of sustainable intellectual property protection.

Ownership of the patent is also necessary information for potential investors. With patent applications, the inventor(s) or assignee(s) have the power to enforce patent protection. Investors should ensure that their intellectual property is licensed to the startup, not the founders. Otherwise, single ownership of the patent may lead to the patent owner leaving and crippling your investment.

Investors should also demand the founder’s pre-prosecution research, known as a “prior art search”. This may be conducted by the founders or via a patent practitioner. This is important because patents are granted to innovations that are unique. Failure to conduct adequate research and to distinguish one’s product or design from existing ones creates a risk of a rejected patent application and potential patent infringement litigation. Furthermore, if a startup has marketed its product or design beyond the grace period (typically twelve months), their own product may be considered prior art and eliminate them from obtaining a patent.

Patent litigation can become a serious drain to a company's capital and resources. Averaging $3-$10 million per claim, not only can the court fees and time required to fight patent infringement claims reduce profits, it may potentially cripple the organization’s productivity through injunctions and court orders. Hence, avoiding IP litigation can result in superior returns. All the more reason for investors to get serious about their IP inquiries in the due diligence phase.

TRADEMARKS

Trademarks also have considerable effects on the valuation of a company. While startups with filed patent applications or issued patents are likely to receive funding from venture capitalists, it is imperative that investors consider trademark protection during their due diligence process. Trademarks are strategic means to protect one’s marketing assets. Because branding and advertising depend upon visual imagery, venture capitalists should view ownership of trademarks as a sign of a startup’s potential growth, ambition, and interest in protecting its future marketing value.

Like patents, trademarks are granted via registry through the United States Patent and Trademark Office, however, they operate in a different manner and grant different authority. Trademarks grant the owner the ability to exclude others from using protected symbols or signs. Logos, sounds, smells, or phrases are also trademark eligible and can help distinguish the product or design of the startup you are considering from others within the same market.

Lack of trademark protection should trigger a red flag to potential investors that the leadership has failed to mitigate risks to their marketing value and lack the legal basis from future branding. Just like with patents, investors should be skeptical of trademarks in the review stage that have yet to be granted. A rejected trademark is not a myth. Just ask the Las Vegas Golden Knights.

LICENSING

Only acquiring a patent or trademark for your product or company is no longer a sufficient means of protection or profit maximization. Rather, a well-rounded IP protection strategy is necessary. There are other tools and methods startups can explore and implement to ensure that their ideas are protected from litigation and potential theft by competitors. Of these, IP licensing is probably most significant. Not only does proper IP licensing ensure only those permitted to access your product can, but also maximizes the full utility of the assets. Owning a patent or trademark is an excellent asset, because you can exclude others from using your design or product. However, oriented growth can be achieved by relaxing exclusivity authority through licensing agreements. Through licensing, IP assets can be tapped for their excess profit potential where a startup can leverage their ideas into profit making partnerships. It would behoove investors to take into account the various IP assets in a startup and analyze them for maximum return to their investment. Leave no stone unturned.

The thing about intellectual property issues is that they are avoidable. Typically, the red zone for startups to begin their intellectual property strategy is within the first twelve months of operation. Investors should seriously consider the risk they take by failing to conduct a thorough intellectual property investigation. Litigation, loss of IP rights, and mis-valuation of an investment can lead to no return for negligent investors. But for those that would take heed, you will reap the rewards, because intellectual property is the cornerstone of sound investments.

Source >> http://www.rebelventurefund.com/journal/2017/2/13/an-intellectual-property-guide-for-venture-capitalists

International Trademark Classes

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.

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.

Class 5 - Pharmaceuticals 
Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.

Class 6 - Metal goods 
Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores.

Class 7 - Machinery 
Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements; incubators for eggs.

Class 8 - Hand tools 
Hand tools and implements (hand operated); cutlery; side arms; razors.

Class 9 - Electrical and scientific apparatus 
Scientific, nautical, surveying, electric, photographic, cinematographer, optical, weighing, measuring, signaling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus.

Class 10 - Medical apparatus 
Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopedic articles; suture materials.

Class 11 - Environmental control apparatus 
Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes.

Class 12 - Vehicles 
Vehicles; apparatus for locomotion by land, air or water.

Class 13 - Firearms 
Firearms; ammunition and projectiles; explosives; fireworks.

Class 14 - Jewelry 
Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewelry, precious stones; horological and chronometric instruments.

Class 15 - Musical instruments 
Musical instruments.

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

90% Of Indian Startups Will Fail Because Of Lack Of Innovation, Study Says

By: Suparna Dutt D'Cunha 

Of late, India might have become the third-largest startup ecosystem, but it lacks successful innovation.

Notwithstanding the fact that market valuation of Indian startups has grown significantly over the past four years, a recent study, “Entrepreneurial India,” by the IBM Institute for Business Value and Oxford Economics found that 90% of Indian startups fail within the first five years. And the most common reason for failure is lack of innovation — 77% of venture capitalists surveyed believe that Indian startups lack new technologies or unique business models.

Other reasons cited for failure include lack of skilled workforce and funding, inadequate formal mentoring and poor business ethics, according to the study.

It's well known that most Indian startups are prone to emulate successful global ideas, by and large fine-tuning an existing model to serve local needs. There’s Ola for Uber, Gaana for Spotify, OYO Rooms for Airbnb and Flipkart for Amazon.

India doesn’t have meta-level startups such as Google, Facebook or Twitter. On the other hand, China, with which India often compares itself, built its own Google named Baidu and Alibaba displaced Amazon. Unsurprisingly, in 2016, Asian Paints was the only Indian organization in Forbes' 25 most innovative companies, and Gillette India was among Forbes Top 25 Innovative Growth companies.

“Since 2015, as many as 1,503 startups have closed down in India. And the major reason is due to the replication of Western business models, and not lack of subsequent funding from the investors,” says Rishabh Lawania, founder of Xeler8, a market intelligence platform recently acquired by a Chinese venture capital firm. The highest number of failures were in logistics, e-commerce and food technology.

Copying existing models

Initiatives such as Make in India, the Startup India program, the establishment of the Ministry for Skill Development and Entrepreneurship, the Intellectual Property Facilitation Centres and other incubation programs may have spurred growth, but it’s no secret that innovation remains the biggest missing piece of the Indian startup puzzle.

“Many new high net worth individuals [HNIs] without proper due diligence invested in startups having flawed business ideas, which led to massive failures in the last two years,” Lawania says. “Angel investors and early stage VCs have had their fingers burned far too many times, but not anymore. They have now mastered the art of diligence and are making quick and informed decisions.” Even in evolving AI technology, Indian entrepreneurs are not pioneers.

“AI and ML technologies have been adopted in retail and banking as well, but India is a follower market -- what you see in the U.S. today will start appearing here tomorrow,” says Navneet Sharma, co-founder and CEO of Artifacia, a visual intelligence platform.

Undoubtedly, India’s startup ecosystem needs top notch technical talent and global business skills. Unlike Israel, India is not investing in R&D through international cooperation between different countries that helps in establishing links between local companies, multinationals and academic institutions. In 2016, a survey conducted by the Information Technology and Innovation Foundation (ITIF), a U.S.-based think tank, ranked India near the bottom of a list of 56 countries on global innovation. The ITIF study revealed that the country’s poor performance in developing human capital is mainly because of its failure in investing on education. The IBM report cited another study that said as many as 80% engineering graduates in India were “unemployable.”

Filing patents

Also, if a yardstick of innovation is the patent, then India is miles behind its Asian counterparts. India filed 1,423 international patents in 2015-16, while Japan filed 44,235, China 29,846 and South Korea 14,626 , according to the World Intellectual Property Organization. Over 70% of the patents filed in the country are by MNCs; Indian companies and academia share the remaining 30%.

Currently, India ranks 66th on the Global Innovation Index (GII) list, which is 41 places behind China. The GII report said India has the ingredients needed to become a global driver of innovation, including market potential, talent pool and an underlying culture of frugal innovation, but “relative weaknesses exist in the indicators for business environment, education expenditures, new business creations and the creative goods and services production.”

Emphasizing innovations on societal problems, Nipun Mehrotra, chief digital officer, IBM India/South Asia, said: "We believe that startups need to focus on healthcare, sanitation, education, transportation, alternate energy management and others, which would help deal with the issues that India and the world face."

However, it's not all doom and gloom. The IBM report adds that in addition to strong government promotion of entrepreneurship that has strengthened the startup culture, India’s economic openness and large domestic market are significant advantages.

Source >> https://www.forbes.com/sites/suparnadutt/2017/05/18/startups-in-india-fail-due-lack-of-innovation-according-to-a-new-ibm-study/#7ef400bb657b

How to Patent a Design

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 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.

By contrast, a copyright only covers copies made, which must be exact copies. And, a copyright does not cover any design, even if identical, which was not copied. So, if two inventors both make the same exact design by sheer chance, and one inventor gets a copyright, that copyright would not be usable against the other inventor. The reason is, a copyright only covers copying.

A design patent covers any design that is sufficiently close so as to infringe, even if there was no copying. A design patent is therefore valuable, yet different from a copyright.

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.”

Standard text is then added including sections titled: background of the invention; summary of the invention; brief description of the drawings; and an abstract of the disclosure. These are not usually hard to do for a design patent application.

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.

Last, a cover page including a Transmittal sheet is prepared, listing what is being filed with the US Patent Office. The Transmittal page normally will include a check for the amount of the US government filing fee, and a postcard filing receipt. The check can be omitted, as can the signed Declaration, but in that case the US Patent Office will send a notice asking for those items along with a relatively small late fee.

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

India's Startups Are Filing More Patents Than Ever Before -- Here's Why

By: Sindhuja Balaji

Abhishek Satish and Adarsh Warrier were students pursuing engineering in the south Indian town of Vellore when they founded Vicara - a startup that develops wearable technology devices. Soon after, Satish and Warrier filed a patent for a gesture recognition device they'd created called Kai. “When we created the technology, we knew there would be competition. It doesn’t take long for someone to copy your work and pass it off as theirs. For a hardware startup, a patent serves as a form of insurance,” says Satish.

Despite being common practice in other parts of the world, the importance of filing patents has only just become apparent to young startups in India, as the country increasingly moves towards becoming an innovation hub in Asia. Moreover, the Indian government has begun offering incentives to encourage innovators to file patents, including attractive tax rebates and speedy documentation processing.

Tackling Rising Costs

One of the most significant factors that keep startups from filing patents is cost. Filing a patent in India involves a pre-filing cost priced between $920 and $1530, a first-action cost of up to $2300 followed by a patent maintenance cost of another $2300. The collective fee of filing a patent can be a burden on several early-stage startups so private IP firms are helping startups manage these costs.


Bangalore-based BananaIP is one such firm that bears the expenses of patent filing for select startups. In addition, if a startup offers equity, BananaIP also takes care of a nominal patent filing fee to be paid to the government. Dr. Kalyan C Kankanala, senior partner and chief IP attorney at BananaIP, says, “Several startups don’t prioritize patent filing as an early stage activity. It’s important for them to understand that once an idea or product goes public, the possibility of acquiring a patent is lost under most circumstances.”

Startups Seize Patent Filing Opportunities

Vicara’s Satish and his cofounder started off by approaching IP Dome Strategy Advisors, a Chennai-based law firm that assists startups with filing patents. While anyone can file a patent, it is recommended to seek the help of IP law firms, which conduct patentability analysis to verify the authenticity of an idea and suggest amendments in patent documents. Based on findings by the Indian Patent Office, the process of filing patents in India has improved of late. Applications went up by 10% last year compared to the year before, and growth has been credited to the improvement of online services, availability of IP specialists across the country as well as the incentives provided for startups under the government’s Startup India initiative.

IP Dome has been supporting the government’s Make In India initiative by educating startups on the value of intellectual property, as well as the strategic use of intellectual property to gain a competitive advantage in the global marketplace. Swapna Sundar, CEO of IP Dome Strategy Advisors, says, “An increasing number of product startups in India are embracing the need for filing patents at an early stage of product development, which is very sensible. The Indian government’s Startup India initiative is creating awareness towards minimizing legal risk against IP infringement.”

Startups Receive Incentives For Filing Patents

The rising awareness around patent filing is having a positive impact as more startups are investing in onboarding good IP lawyers at initial stages of commercialization of their product. Kankanala says, “About five years ago, we would do about five to six patent filings a year. This year, we have already filed about 20 patents for startups, and expect more.” Sundar stated that IP Dome is witnessing an increased growth in IP awareness as well as filings this year. “We have helped around 35 startups in building successful IP portfolios for their businesses,” she said.

In addition, the government’s Startup India initiative provides a slew of benefits to Indian startups, which includes an 80% rebate on patent filing. Application fees for startups to file patents has been reduced to just $25. The Indian government has introduced mechanisms for speedy processing of patent applications, and it’s now possible to acquire a patent in India within a year of its filing. Unlike earlier, the Indian Patent Office is processing foreign filing permits quickly, with which Indian startups can now file patents overseas.

Lawyers recommend startups file a patent application in India first as it is cost-effective and provides priority rights for international filings. Once a patent application is filed in India, the startup can either file directly or opt for a Patent Cooperation Treaty (PCT), which provides international patent protection. "Opting for a PCT grants the startup at least thirty months to perfect the product, test the market, and/or raise funds to file in other countries," says Kankanala.

Protected Ideas Lead To High Investor Confidence

The eagerness to file patents has also led to improved investor confidence. Having seen both the sides of the ecosystem, Sateesh Andra, an entrepreneur-turned-venture capitalist with Endiya Partners believes that patent filing is an integral part of the overall product strategy as benefits outweigh the timelines and costs involved. The owner of multiple patents himself, Andra says, "As startups go global, how quickly you go to the market is paramount. Entrepreneurs must be aggressive in their market outreach plan as patent filing not only increases the credibility when they scale but also bolsters investor support."

As awareness around patent filings and quality of legal assistance improves, startups can now push the boundaries of innovation and creativity in India, establishing new benchmarks in the fast-growing ecosystem.

Source >> https://www.forbes.com/sites/sindhujabalaji/2017/10/16/indias-startups-are-filing-more-patents-than-ever-before-heres-why/#2bf30b4f69f5

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.”

Here's a simple example showing how to patent an idea for a simple and amusing invention, where a computer program is used. The program determines sequential prime numbers and activates a light for a time corresponding to the prime number. Here, the blinking light is connected to a pencil eraser. For the moment, we aren't concerned with whether it has been done before, it is just an example. For now, the idea would be expressed in words, written just as above. Let's say the steps are: determine prime numbers in sequence from 1; wait until that number of seconds has elapsed; then blink the light ON for a number of seconds equal to the value of the prime number that has been reached. These steps would be shown in a simple flowchart. And, since it is possible to illustrate the idea in a drawing, we would also add a sketch showing where the light should be placed on the eraser. What else should be shown? The light should have a power source, for example a small solar panel or a small battery, and connecting wires should be shown connecting the power source to the light.

Next, a claim is added to describe the invention broadly, such as the following: Claim 1: A method for activating a light such that the light indicates the value of a determined number, comprising the steps of: the step of determining a sequential prime number from a starting value; the step of waiting a number of seconds corresponding to the determined prime number; the step of blinking the light ON for a number of seconds equal to the value of the determined prime number in the preceding step; replacing the starting value with the determined prime number; and returning to the first step above.

Standard text is then 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.

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

The Looming War for Blockchain Patents

By: Bailey Reutzel

There''s a patent land grab developing in the blockchain space that could potentially make doing business more challenging for those who want to build upon the open-source technology in the future.

"Everyone is trying to stake their claim and plot out their business strategy," said Ted Mlynar, a partner in the intellectual property practice at Hogan Lovells in New York.

According to Mlynar and his colleague, Ira Schaefer, there are a lot of patents pending related to bitcoin, cryptocurrency, blockchain and distributed ledgers.

Publicly available records show the strong interest in filing patents related to the technology. A search for "blockchain" on the US Patent and Trademark Office website brings up 60 hits, whereas looking up "bitcoin" highlights more than 500 pending patents.

"But it remains to be seen whose claim will be allowed or issued," Mlynar said.

One problem with the claims the two Hogan Lovells partners have seen is that the applications themselves are considerably broad. The Alice Corp Pty Ltd vs CLS Bank Int'l court decision - which singled out financial business methods as abstract concepts that are not likely patentable - means that patent examiners will be taking a stern look at the claims.

Plus, any patent filed after the Leahy-Smith America Invents Act (AIA), which was signed into law in 2011, will be answerable to a post grant review. This allows anyone to oppose the validity of the claim within the first nine months of its issuing, which the two Hogan Lovells partners think will make keeping a blockchain patent difficult.

"All of these are new tools in any kind of patent litigation war, for those who have patents or those who are fighting for patents," said Schaefer.

And this process of narrowing down the scope of blockchain patents and the impending patent war will likely take several years, according to Mlynar.

But Geoff Cohen, PhD, vice president of digital forensics at Stroz Friedberg in Boston, isn't so sure.

"The only reason we haven't seen it yet for all the talk and hype ... is that [blockchain] hasn't turned into huge profits for anybody yet," Cohen said. "On an industrial economic scale you don't have standing companies making huge steady profits over the course of multiple years."

Eve of war 

That state of affairs might be right around the corner, however. Several startups and large financial institutions have stoked excitement about the prospect of a commercial launch of their respective blockchain products late this year or early next.

As companies both big and small gear up to launch profit-making products, they're also gearing up to go to patent war.

Patent litigation, at its simplest, generally goes one of two ways, said Cohen. In once instance, a patent-holding small startup might go after a large corporation knowing it'll get a sizeable payout from the corporation.

Under the other scenario, a large incumbent player might launch a lawsuit against smaller companies in an effort to effectively tax the competition by way of court expenses. Sometimes, these efforts even put those on the receiving end of a patent lawsuit out of business entirely.

"It's an investment decision for the startups," Cohen said. "For large corporates, sometimes they sue for strategic reasons."

There's already been a hint of the latter in the blockchain space already, although via trademark infringement. Eris Exchange, an over-the-counter futures market is trying to stop Eris Industries, a well-known blockchain software startup, from using the name.

What's particularly interesting about the case, according to a report by American Banker, is that Eris Exchange's founder and board member, Don Wilson, is also the co-founder and a board member of Digital Asset Holdings, the competing blockchain startup led by Blythe Masters, a former JPMorgan Chase executive. However, it's unclear whether there is a direct connection.

Another soon-to-be plaintiff could be Dell Products LP. The company published an application for computing device configuration and management using a secure decentralized transaction ledger. The patent is a continuation of one the company applied for in March 2015. If that patent is issued, the incumbent company could go after smaller startups using the same process.

But bitcoin and blockchain startups are also securing their stake. For example, Coinbase has about 10 patent applications waiting in the wings.

Raed More >> https://www.coindesk.com/looming-war-blockchain-patents/

How to Patent

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.

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.”

Here's a simple example showing how to patent an idea for a very simple and amusing invention. The simple idea: add a blinking light to a pencil eraser. For the moment, we aren't concerned with whether it has been done before; we could find that out using a patent search if we wished. For now, the idea would be expressed in words in the patent application, written just as above. And, since it is possible to illustrate the idea in a drawing, we would also add a sketch showing where the light should be placed on the eraser. What else should be shown? The light should have a power source, for example a small solar panel or a small battery, and connecting wires should be shown connecting the power source to the light. Then, text is added to the patent application by describing the parts shown in the drawings, explaining possible uses and advantages, and mentioning possible alternatives that are included in the invention such as various types of light sources such as LEDs, incandescent bulbs, phosphorescent lighting, and so on.

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

Amazon's Prime, Echo hit trademark hurdles

By: Digbijay Mishra

BENGALURU: Amazon is facing in India what Apple encountered in China - a trademark hurdle for its top brands. The online retailer, which has introduced Prime, Echo and Prime Music here, has hit a roadblock at the Indian trademark office. The Seattle-based company's trademarks for these brands have not been accepted here yet, according to government documents.

The reason: Multiple domestic companies have registered trademarks for these brand names. In 2012, when iPhone maker Apple had faced a similar issue, it had to pay $60 million to the owner of the iPad trademark in China. Incidentally, Flipkart co-founder and executive chairman Sachin Bansal - who started the brand Billion last year - is also waiting to register it in about five categories with the trademark office. A majority of these applications has been accepted.

Experts working in the area of trademarks and patents say registration is a bigger problem for foreign players, especially when their brands gain global attention and motivate domestic companies or individuals in other countries to register those trademarks.

A company does not have to pay to the holder of trademark in order to get it registered. Once an application is not accepted or the status is shown as objected, the matter is heard by the trademark office and - based on multiple factors - a decision is taken whether to grant the requested trademark to an applicant.

When contacted, an Amazon spokesperson declined to comment on the matter.

A Flipkart spokesperson shared the list of granted registrations for trademarks of Billion. Flipkart Internet, which runs the online marketplace, has also secured the trademark for its annual festive sale named BigBillionDay, valid till 2024. The much-hyped sale event is now held for multiple days in the run-up to the festival of Diwali, and Flipkart calls it BigBillionDays.

While objections to top brands of Amazon in the trademark office is unlikely to have any immediate impact on its business, securing trademark of a brand has long-term dividends, especially when a company has already invested in it globally. Trademark lawyer and patent attorney Rahul Dev said, "From a business standpoint, such processing delays hamper the product positioning as, in case of infringement, brand owners have to pursue alternate remedies, including passing off actions."

Source >> https://timesofindia.indiatimes.com/companies/amazons-prime-echo-hit-trademark-hurdles/articleshow/63650805.cms?

Why an Indian hotel startup is taking the difficult route of filing patents

By: Ananya Bhattacharya

India is no country for filing patents. Riddled with problems, from lack of awareness to systemic flaws, the country is one of the least friendly when it comes to intellectual property (IP) rights. In 2016, just 45,000 patents (pdf) were filed in India—China registered over 1.1 million in the same year.

However, a three-year-old Bengaluru-based startup has now gone against the grain.

Budget hotel chain Treebo has filed for not one but four patents in India and the US for its quality management system.

“Since Treebo’s operations are spread across 70 Indian cities and different people have different expectations (of quality), providing a consistent, reliable experience can be a challenge,” Kadam Jeet Jain, Treebo co-founder and chief technology officer, told Quartz. “Even when we were in just four cities, we realised that relying on manpower to do quality control would be unsustainable in the future.”

So, the company developed Prowl, a software that helps Treebo ensure the quality of its service, and soon plans to monetise it.

Treebo’s patenting plans

Launched in 2015, Prowl lets Treebo’s on-ground auditors feed in their evaluations of hotels and curates customer reviews from various websites. It then uses machine learning to turn all this information into data points to help anticipate possible hiccups across the 400 hotel partners listed on Treebo.

Read More >> https://qz.com/1232227/treebo-hotels-wants-to-take-the-difficult-path-to-success-with-patents/

Texas Supreme Court Finds Attorney-Client Privilege Protects Patent Agent Communications

By: Peggy Keene

Patent Agent Communications May Qualify as Attorney-Client Privileged

Earlier this year, Texas made the news by becoming the first state court to find that communication between a patent agent and a client may qualify for attorney-client privilege protection.  The Texas Supreme Court made this decision earlier this year on February 23rd after appeals had passed through the lower Texas courts rejecting that premise.

The case before the Texas high court began after an inventor, Andrew Silver, successfully filed for a patent that covered a tablet device (“Ziosk”) that could be used for ordering food and service in restaurants.  Silver later sold the patent rights to a company called Tabletop Media LLC (“Tabletop”).  The legal dispute and case arose from a later contract dispute regarding the amount of licensing fees that were to be paid for the agreement.

Before the court, Silver made the argument that communications between the patent agent and himself should not have to be disclosed because they were protected under attorney-client privilege.  The first court to hear the case disagreed with Silver’s argument and ruled that Silver’s emails with his patent agent were not protected.  As such, the lower court ordered Silver to produce the emails to Tabletop, rejecting the argument that the communications were confidential and protected by attorney-client privilege.  After Silver appealed the holding, the Texas appellate court affirmed the ruling, saying it had no authority to create a new privilege for patent agents.

Attorney-Client Privilege Extends to Independent Patent Agents, Not Just Ones Working for an Attorney

In the final appeal, however, the Texas Supreme Court reversed the holding, finding that the emails could be covered by the attorney-client privilege.  In its holding, the Texas Supreme Court noted that it did not disagree with the lower court’s holding that no authority could be used to create a new privilege for patent agents.  Instead, the Texas Supreme Court stated the existing privilege already covered the communications.  The court also declined to agree that communications with Silver’s patent agent were only privileged if that agent was acting under an attorney’s direction.  The Texas Supreme Court instead opted to find that the Texas Legislature had intended for the privilege to apply to those who are authorized to practice law, not just those who hold a law license.  The court did note, however, that only some of the communications would be protected by attorney-client privilege, and as such, other communications would have to be turned over to Tabletop.

Patent Agent Protection Found in “Authorized” versus “Licensed” to Practice Law Statutory Language

Specifically, the Texas Supreme Court noted that the text of the statute discusses those who are “authorized” to practice law.  In its reading, the Court noted that the term “authorized” is broader than “licensed,” and as such, its protection may extend to patent agents, who practice some forms of law despite not being licensed attorneys.  This decision brings Texas in line with some federal courts, specifically the U.S. Court of Appeals for the Federal Circuit, which ruled on the same issue in March 2016.  Notably, however, the Federal Circuit ruling does not affect state cases, but the Patent Trademark Office does recognizes the patent agent’s privilege in its proceedings because it follows federal precedent.

Read More >> http://www.klemchuk.com/texas-supreme-court-finds-attorney-client-privilege-protects-patent-agent-communications/

Can AI Startups Compete with Tech Giants?

By: Peter Hirst

If you happen to be a world-famous futurist, inventor, and entrepreneur, what would compel you to take a corporate job? That was one of the questions that I discussed with Ray Kurzweil recently at Synergy Global Forum in New York. Kurzweil was among a large group of luminaries who shared their ideas on innovation and the future with an audience of 5,000 at the conference’s North American debut at Madison Square Garden. I had the pleasure of moderating a Q&A session with the audience following Kurzweil’s presentation. We’ve talked about a great many things, from his views on strong AI to extreme life extension, but this particular point on his résumé—accepting a position at Google in 2012—piqued my curiosity.

It seemed that Kurzweil wasn’t keen on the offer at first, having come to the Google founders with a proposal for funding one of his latest inventions. But after they explained all of the resources and assets they had around data sets and computing capabilities, Kurzweil found the argument compelling enough to take the first job he’s ever had at a company that he didn’t start. So, why does it matter that Kurzweil—a recipient of the National Medal of Technology and Innovation (the highest honor in technology given in the U.S.) and the Lemelson-MIT Prize (the largest cash prize for invention in the U.S.)—took a job at Google? Kurzweil’s decision offers a glimpse into the sources of innovation in a field that is changing many aspects of our lives already and is poised to bring even more significant changes in the near future.

Go big or go home?

If we take a look at how innovation happens in other hot industries today, we see vibrant ecosystems of players large and small inventing and testing things out in the marketplace and collaborating in all sorts of interesting ways. Startups thrive independently and in symbiosis with large companies, sometimes literally next door. Close to home in Kendall Square, the life-sciences capital of the world, established pharmaceutical companies are seeking new ways to work effectively with startups to externalize their R&D for faster and more efficient development of life-saving medicines and therapies. (Admittedly, these paths to innovation pose their own challenges.)

Is innovation in AI different? We keep hearing that for AI to be effective, machines need vast amounts of data on which they can train to become better at whatever task they are intended to perform. This parameter is hard to get around if your company doesn’t have control over massive datasets (like Google or Facebook, for example) or doesn’t have the resources to purchase datasets from companies that amass those for sale. It would seem that the companies with the most data assets and resources at their disposal would have a significant advantage over the smaller market entrants.

At the Synergy Global Forum conference, a lively discussion ensued about the viability of startups in the AI space. Is it possible to compete with the likes of Google, or do you have to be a Google or a Microsoft or an IBM, with the kind of resources they have available, to do this? Kurzweil’s answer was, to some extent, “yes.”

Read More >> https://www.xconomy.com/boston/2017/12/26/can-ai-startups-compete-with-tech-giants/

US Tech Company Intel Files Patent To Reduce Bitcoin Mining Energy Use

By: Molly Jane Zuckerman

US technology company Intel has filed a patent for a Bitcoin (BTC) mining hardware accelerator that would reduce the amount of electricity used in crypto mining by “reducing the space utilized and power consumed by Bitcoin mining hardware,” according to a US Patent and Trademark Office patent application released yesterday, March 29.

The patent, originally filed on Sept. 23 of last year, seeks to solve the “challenge for miners” of “search[ing] through the entire nonce space in a brute force manner while minimizing energy consumption per hash and maximizing performance per watt.”

According to Intel, this can be done by “optimizing the critical paths in the computation intensive message digest and scheduler datapaths,” resulting in “extra time” that can “reduce switching capacitance or scale the supply voltage” to create a “35% combinational power improvement in the message digest logic.”

The mining of Bitcoin, which Intel refers to as the “most popular type of (e.g., unit of) digital currency used in the digital currency eco-system,” needs large amounts of electricity to solve algorithms to mine for the coin. Bitcoin mining energy has been called by some as as an “environmental disaster,” while the other side argues that the possibility of using leftover electricity and renewable energy makes mining a “non-issue” for the environment.

The patent application writes that “because of the large amount of power utilized, and the relatively high cost of that power, mining Bitcoins can be a very costly endeavor. In some embodiments, the cost to mine a single Bitcoin may exceed the value of the mined Bitcoin.”

This negative mining cost ratio, which occurs temporarily during market dips, was pointed out by Fundstrat’s Tom Lee in a report earlier this month.

Intel’s patent application notes that it refers to ASIC implementations for “convenience,” although their system could apply to “any other logic device [...] including, but not limited to Processors, SoCs, and FPGA platforms.”

This patent application is not Intel’s first foray into the crypto sphere. In May of last year, Intel partnered with healthcare transaction service provider and software development firm PokitDok in order to utilize Blockchain technology in the healthcare industry.

In September 2017, Intel announced a collaboration with Chinese media and technology firm Tencent for working on an Internet of Things (IoT) Blockchain solution, and in October, Intel partnered with virtual currency hardware startup firm Ledger in order to use their Blockchain platform for storing crypto holdings.

Source >> https://cointelegraph.com/news/us-tech-company-intel-files-patent-to-reduce-bitcoin-mining-energy-use

Pick the Right Intellectual Property Law Program

By: Ilana Kowarski

Intellectual property plays a critical role in American life. According to a U.S. Patent and Trademark Office report, IP industries account for more than 38 percent of the gross domestic product.

It's no surprise then that intellectual property law – which protects people's ownership claims to their ideas, inventions and works of art – is a growing field.

Intellectual property attorneys say their skills are in demand, and experts note there are opportunities to practice IP law within any industry that involves human creativity. This means a wide array of commercial legal jobs, particularly in the rapidly expanding high-tech sector, and jobs that involve international litigation to resolve the significant number of disputes between U.S. and international companies.

[Discover what a typical day is like for an intellectual property attorney.]

This legal field is likewise becoming more central to important U.S. policy disputes, IP attorneys say. Jon Kappes, a patent lawyer and lecturer at Arizona State University's Sandra Day O'Connor College of Law, says "IP law, particularly patent law but also copyright and trademark, has in recent years become one of the most dynamic areas of the law."

Kappes says congressional members regularly propose revisions to the nation's IP laws, and there are a growing number of Supreme Court cases on this topic.

For law school hopefuls who enjoy science, art or entertainment, experts say this discipline may be an attractive option. IP law is also essential for future business attorneys to fully understand, since patents, copyrights, trade secrets and trademarks are invaluable to businesses.

[Consider a legal career focusing on either health care or intellectual property.]

"If students are interested in sort of a rapidly changing, cutting-edge area of practice, I can’t think of one that is evolving at the rate of intellectual property," he says.

Experts say that law schools vary in how well they prepare students to practice IP law. Here are three signs of a strong intellectual property law program.

1. Key courses: When exploring potential law schools, experts suggest reviewing the available IP courses. Students should make sure they can take courses on how to apply for a patent, challenge a patent and file a lawsuit alleging the violation of a patent, experts say.

Experts also advise students to look for a comparative IP law course that discusses how U.S. law on this topic differs from that of other countries. This is marketable knowledge, they say, because prospective lawyers can use this information as attorneys for multinational firms that require patents, copyrights and trademarks in multiple countries.

Benjamin Katzenellenbogen, partner and chair of the recruiting committee at the Knobbe Martens IP law firm, says future business lawyers also need to take IP courses so they can understand and flag potential problems for the companies they represent.

2. Specific training: Experts say another sign of an exceptional IP law program is whether it allows students to gain field experience through clinics, practicums, externships, clerkships or internships

Applicants should target schools with experiential learning opportunities in the specific area of IP law that they are most interested in, whether that's trademarks, patents, trade secrets or copyrights. It's also valuable, experts say, to write for an IP law journal and publish articles on a particular specialty within intellectual property, so applicants should target schools with these types of legal writing opportunities.

Kappes also recommends prospective law students look for IP law programs that participate in the United States Patent and Trademark Office's Law School Clinic Certification Program. This allows students to help with federal patent or trademark applications if they are supervised by a licensed patent or trademark attorney.

[Learn why law schools prefer science, technology, engineering and math majors.]

3. Networking opportunities: Finally, be sure not to overlook a law school's networking avenues. Waukeshia Jackson, managing partner of the Jackson & Lowe Law Group, says it's ideal to attend a law school that has solid recruiting relationships with various, local IP law firms.

“That’s going to give you an opportunity to gain experience whether it’s working over the summer or having an externship or internship with the company or with the firm," she says.

Jackson says it's also good if the law school has an active community of local IP alumni who attend networking events.

“You can start developing those relationships early on, so if there’s a community of IP professionals in and around the law school, that is definitely going to allow you to make connections early on and to be able to maybe get a mentor," she says.

Source >> https://www.usnews.com/education/best-graduate-schools/top-law-schools/articles/2017-09-28/identify-the-right-law-school-for-an-intellectual-property-law-career