Right Or Wrong Patent Attorney - Why Your Invention Matters

By: Michael J Foycik Jr. 
January 3, 2014

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

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

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

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

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

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

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

One of the biggest problems in the patent field is that the law of chemical patent claim practice is completely different from the law of mechanical/electrical patent claim practice.  Claim drafting can be drastically different, in my experience.

Good chemical practice in a particular case might well mean reciting the functions of the chemical product in detail.  Good electrical practice might mean reciting all of the structures involved, the way the structures are connected, and what each structure does.

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

Startups May Be the Biggest Losers in Qualcomm-Apple ITC Fight

By: Rachel Wolbers

With growing anxiety about trade, the International Trade Commission should be a force for stability and predictability in trade disputes, protecting American companies from unfair competition by foreign entities.

Unfortunately, the ITC is too often a place for American companies to harm fellow American competitors. Qualcomm’s patent dispute against Apple, and by extension, Intel, is an egregious example of this. Unfortunately, if the ITC sides with Qualcomm, the ruling would most severely affect American startups and consumers, proving again the proverb “when elephants fight, it is the grass that suffers most.”

The ITC was set up as a quasi-judicial federal commission to investigate unfair trade practices. Unlike federal District Courts, the ITC’s only available remedy to companies is a so-called exclusion order, which prevents the importation of goods that infringe valid U.S. patents. This is a mighty power, because no matter how trivial a patent might be to a product, the ITC can bar it from being sold in the United States.

The threat of an exclusion order is particularly concerning for startup component makers. If you run a small company that manufactures a unique type of glass used on iPhones, the dispute between Qualcomm and Apple has nothing to do with your product, but your business could be crippled if the ITC excludes some iPhones because of a separate patent issue. Since the typical  smartphone uses technology based on more than 250,000 patents, there are a lot of potential small component makers that could be hurt by the exclusion of an iPhone.

Aside from the threat of an exclusion order, a decision in favor of Qualcomm could hurt startups and competition in the tech industry more generally. Apple and Qualcomm may be locked in heated legal battles in courtrooms worldwide, but the recent ITC case is particularly anticompetitive. Qualcomm isn’t looking for an exclusion order on all iPhones, only the iPhones that contain modems produced by Intel — its only competitor in the market. If Qualcomm is successful in blocking Intel modems, it will regain monopoly power in the modem market, driving up prices for consumers and creating increased barriers to entry that can stifle future innovation.

Startups affected by this decision will not just be those trying to make components for smartphones. These types of modems are used in a variety of devices that rely on cellular communications. As 5G is rolled out, Qualcomm modems will have a huge potential market in burgeoning industries like autonomous vehicles, smart cities and the Internet of Things. As startups innovate in these spaces, Qualcomm should not be allowed to use its market dominance to bully companies into unfair licensing agreements.

It is clear that if the ITC issues an exclusion order on iPhones containing Intel chips, it won’t be in the public interest. Stifling competition and disproportionately harming startups and consumers never is.

Source >> https://www.insidesources.com/startups-may-be-the-biggest-losers-in-qualcomm-apple-itc-fight/

Tips for Highly Effective Invention Promoting and Marketing for Inventors

By: Michael J Foycik Jr. 
December 20, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.

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

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

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

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

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

TYPES OF INTELLECTUAL PROPERTY: THE GOOD, THE BETTER, AND THE BEST

By: BONNIE SMITH

Most entrepreneurs or small business owners are familiar with the general concept of intellectual property (IP) and understand that IP is an important business asset.  When searching for a specific definition of IP, a lot of fancy terminology pops up, but what does it all mean?  In order to obtain valuable IP for a business, it is important to recognize the types of IP and the differences between the types.  Thus, that fancy IP terminology cannot be avoided and entrepreneurs should make it a priority to become comfortable with it.  Consider the following.

The types or categories of IP may be broken down differently, but generally, the IP types to understand include patents, trademarks, copyrights, trade secrets, and trade dress.  Understand that not all IP is created equal and each IP type pertains to a different creation or aspect of the creation.  Whether a type of IP protection is good, better, or the best will be dependent on the creation itself and the nature of the business for which the IP is being protected.

Starting with patents, patents are commonly considered to be one of the strongest types of IP protection, assuming that the patent is well-written and the invention has commercial value.  Patents pertain to ideas that are new, useful, and non-obvious, and give the patent owner the right to exclude others from making, using, selling, and importing the invention for about twenty years.  This is a lot of terminology, but basically, the exclusivity of the rights is what makes a patent strong.  The key to recognizing whether an idea is patentable subject matter is considering the functional and utility aspects of the idea.  A new and improved method or process may also be patentable, but patents directed to the new and useful product itself are usually considered to be stronger.  For example, it is much easier to prove that a competitor is making the patented product as compared with proving that the competitor is using the patented method.

So, if patents are so great, then why not go out and try to get as many patents as possible?  Given the power of patents, it should be no surprise that the process to obtain a patent is typically more costly and lengthier than obtaining one of the other types of IP.  Even a relatively simple invention may cost over $10,000 to obtain, and that is before maintenance fees.  In thinking about whether to pursue patent protection, the technology should also be considered.  If the technology has a relatively short lifespan, as is often the case with software and computer-related technologies, protecting the idea with another type of IP may be preferable.  Alternatively, if the technology pertains to a method, a patent may also not be preferable since obtaining a patent requires publicly disclosing the invention in the patent document.  Thus, when the patent expires after about twenty years, the public disclosure essentially provides a blueprint for competitors.

A subset of patents is design patents which protect a new and ornamental design of a product.  Design patents may provide value for certain products.  Think Apple versus Samsung, which was a costly lawsuit over the shape of the phone.  Design patents may not be as strong as the above-described utility patents since design patents are typically easy to design around.  Advantages of design patents are that that they are typically less costly, easier to obtain, and enable the patent holder to slap a “patented” sticker on the product that could deter competitors.  A lot of products are suitable for both utility patent and design patent protection, but it is important to understand that the utility patent protects the function of the product, whereas the design patent protects the way the product looks.

Similar to patents, trademarks can also provide strong protection.  Trademarks pertain to any word, name, symbol, design, or expression that identifies and distinguishes a product or service of a specific source from those of others.  Trademarks do not expire as long as the trademark is being used in commerce.  Unlike patents, a trademark does not have to be registered with the government, although a registered trademark offers stronger protection.  In choosing a trademark, the strongest marks are those that are arbitrary or fanciful, rather than generic, descriptive, or suggestive.  Again, this is a lot of terminology, but it basically means pick a mark that is weird or not naturally associated with the product or service.  A tip for obtaining trademark protection is, before even starting to use a mark, make sure that the mark is not owned by somebody else.  Check the US Patent and Trademark Office trademark database and the state’s secretary of state business name search before choosing and developing a business or product name.

Like patents and trademarks, copyrights are another registrable IP type.  Like trademarks, copyrights do not need to be registered with the government, but registered copyrights offer stronger protection.  Filing a copyright is an inexpensive and straight-forward process so there is really no big downside to filing a copyright.  A copyright is the exclusive right to reproduce, publish or display, or sell original works of authorship and derivative works, and copyrights generally last for the life of the author plus seventy years.  Copyrights should not be confused with trademarks which are typically short phrases, or patents which cover the function of an article.  But, note the potential use of a copyright instead of a patent.  Given that software typically does not have a long life of commercial value, it may be more beneficial to copyright the code as opposed to trying to obtain a patent.

Trade secret is different from the other types of IP in that it is not registrable and the protection is in the secret itself.  A trade secret pertains to information used by a business that is secret to the general public, such as source codes, ingredients, formulas, product designs, customer lists, and data.  In contrast to a patent, the innovative business secret is not publicly disclosed, meaning that the duration of the trade secret protection lasts as long as the secret lasts.  In a scenario in which an innovative business method would be difficult for competitors to reverse engineer, i.e. “figure out,” trade secret protection may be preferable to patent protection.  Trade secret protection is particularly beneficial for going after employees who leak secret information or competitors who steal technology.  The key to establishing a trade secret is having internal company policies such as using non-disclosure agreements, marking documents as confidential, controlling access to the business, and using passwords.  The biggest downside to trade secret protection is that it does not protect against independent conception by competitors.

Read More >> https://launchhouse.com/types-of-intellectual-property-the-good-the-better-and-the-best/

Responding to a Rejection in a Patent Application

By: Michael J Foycik Jr. 
November 15, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.

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

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

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

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

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

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

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

Patent Encumbrances Can Reduce Market Value up to 100 Percent

By: Steve Brachmann & Gene Quinn

Patents can help business startups in a number of important ways. Filing a patent application can aid a startup’s first mover advantage as a patent grant gives them the right to exclude others from a market sector, which could prove to be very valuable for a variety of reasons — not the least of which is to attract investors keen to invest in companies with some strategic advantage in the marketplace. 

Patents can also help minimize the risk of facing an infringement suit because it gives a startup an asset to assert defensively if and when an aggressive competitor might come knocking. But even if a defensive position does not ultimately prevent litigation from initiating having patents can open the possibility for counterclaims and cross-licensing settlements, which sometimes are the primary strategic reason patent lawsuits are filed in the first place.

These are well known examples of the advantages of patents to start ups and the venture capital firms (VCs) that often fund them. However, patents also help startups and the VCs that fund them because the patents can be sold. If the startup changes course from its initial designs – a not uncommon occurrence – then the sale of irrelevant patents can help recoup earlier sunk costs and the revenue used to fund more promising lines of research, development and commerce. If a startup fails, which ends up happening to the overwhelming number of startups, the sale of the patents can give investors a chance to recoup some of their funds.

The sale of a patent becomes more complicated and less valuable if the patent rights have been compromised. Not surprisingly, an encumbrance upon a patent negatively impacts the market value of the patent because it reduces the ability of others to monetize that patent by removing at least some avenues of opportunity.

Encumbrances can take several of different forms. A patent licensing agreement is an encumbrance because it prevents a company buying a patent asset from obtaining royalties from a company that has already licensed the patent. Companies can also sign covenants not to sue each other that can run with the patents. If those patents are sold while those covenants are still in force, the patent’s market value is similarly limited.

Patent broker Brad Close notes that encumbrances can have the effect of reducing a patent’s value by up to 100 percent, practically rendering a patent valueless on the market. “If the only companies which are potential targets for a license are already licensed, then the intellectual property is essentially worthless,” Close said. Close has worked as a patent broker for 12 years and has spent parts of the last decade working on brokering patent sales for startups while working with such firms as TIPS Group, Transpacific IP and Blackstone IP.

“If a startup is considering entering into an agreement that would place an encumbrance upon a patent, I would advise them to be very sure that what they’re receiving in return offers adequate value and to take into consideration both their investors and the future of the business,” Close said.

Certain organizations and consortiums in the patent sector require their members to enter into agreements which place encumbrances on patent assets. One such organization is LOT Network which requires members to sign an agreement that offers a conditional license in the event that a patent is sold to a patent assertion entity (PAE) or non-practicing entities (NPEs), effectively protecting members from PAE suits of LOT originated patents. While the potential of avoiding litigation from PAEs and NPEs may seem attractive to startups, Close notes that startups don’t face the same litigation risks of much larger entities. “True NPEs don’t target startups because they don’t have the market share to make litigation worthwhile,” Close said. “NPEs are typically going to go after companies who hold a significant share of the market.”

Read More >> http://www.ipwatchdog.com/2018/09/13/patent-encumbrances-reduce-market-value/id=101187/

New Lower Official Patent Fees Coming January 1, 2014 - Great News For Inventors

By: Michael J Foycik Jr. 
October 24, 2013
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.

Finally some very good news for inventors about government patent fees. Some of the new lower fees have been put into place. Other impressive fee reductions are on the way.

The micro entity fee schedule has already been implemented. For example, filing a new Utility patent application costs as low as $400. A Provisional Patent Application, or PPA, costs as little as $65. The previous fees, in effect earlier this year, were much higher.

Other fee reductions are even more impressive, and are scheduled to go into effect beginning on January 1, 2014. These include the Utility patent issue fee, reduced from the small entity fee of $980 currently to just $480 (small entity) or $240 (micro entity). Assignments will be recorded at no charge in that new fee schedule; currently the government fee is $40.

Read More >> http://internationalpatentservice.com/Great-News-For-Inventors.html

How to protect your Startup Idea? (Intellectual Property)

By: Himanshu Jain

Startups and the Endless Possibilities

Sometimes a big corporation isn’t big enough for your brilliant ideas and you decide to go out into the free market and form your own startup. That’s great! You can now explore all options, work passionately on your interests and provide real-time value to the people. However, after the company registration procedure is done and dusted, there are still many issues surrounding the startup. One of these is the threat of someone stealing your idea and presenting to the world as their own. You wouldn’t want that now, would you? With this article, we’re going to look at Intellectual Property (IP) including trademarks, copyrights and patents and how they can help protect your startup idea.

Intro to Intellectual Property(IP)

The word “Intellectual Property” was first used in the 19th century however it wasn’t until the 20th century that term became a common usage and helped protect creations of intellect. Officially, Intellectual Property is defined as a class of property that includes intangible (lack of physical substance) creations of the intellect of an individual or an organization. These include patent, trademark, and copyright. Intellectual property can also encompass trade secrets, publicity rights, moral rights, and rights against unfair competition. The basic essence behind all the legal jargon is that your brilliant startup idea, your brainchild, is yours and yours alone and Trademark Registration, Patent Registration or Copyright Registration procedures can help ensure that they stay yours legally.

Trademark Registration

Before we get started with TradeMark Registration, let’s first ask yourselves What is a trademark?  A trademark is basically a recognizable sign, design, expression which distinguishes them as unique and as an Intellectual Property of a particular individual or organization. The word “expression” constitutes slogan, photograph, logo, graphic, color combination, sound or even smell. In most cases, however, brands look to trademark the brand name or logos. For eg. Nike’s Slogan “Just do it” and their swoosh icon are all registered trademarks. Trademark registration can help protect your startup idea and the benefits could also ensure you form a company with the brand name of your choice.

NOTE: Trademarks for Services are called Service Marks(SM)

Trademark Registration Procedure

The procedure for trademark registration is simplistic and involves the following steps:

> Conduct a Trademark Search – To file a trademark you need to ensure that there is no infringement of existing trademarks Trademark Search is a very critical and crucial step towards registering your own trademark(s). Apart from the legal ramifications of trademark infringement, a conflict between your proposed trademark and an already existing trademark could potentially lead to the tarnishing of your personal brand which you worked very hard on, undoing all the hard work behind it.
> Identify your Trademark Class- Depending on the type of product or service, In India, trademarks fall under 45 classes. You can check which classes of trademarks fall by following the link: Trademarks Classes in India.
> File your Application – File the application with appropriate Documents for trademark registration along with the prescribed fees. After filing the application for the trademark you can safely use the TM (TradeMark) or SM(Service Mark) symbol. This basically indicates that trademark is pending for the IP and alerts competitors of possible infringements
> Trademark Jornal- Your trademark gets published in the Trademarks Journal where a hearing is conducted on it for possible objections.
> Certificate Issue-  If no objections are raised against the trademark, a Trademark Registration certificate is issued. Including everything, a trademark is registered in about 18-24 months and are valid

Read More >> https://www.legalraasta.com/blog/protect-startup-idea/

Worry - Free Foreign Patent Rights - Things You Should Know

By: Michael J Foycik Jr. 
October 11, 2013
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.

Foreign filing – it may be one of the biggest choices facing anyone with an invention or a pending patent application. What if your invention is so successful that foreign copying becomes a problem? Here are some things you should know.

First, the right to file in foreign countries – that is, foreign priority rights – can be valuable. And not just to you, but to anyone wanting to purchase/license those rights.

Second, foreign filing is expensive. It is so expensive, many companies have to target selected countries. It would be best to file for patent protection in countries where the product is doing well.

Third, there's a way to delay your foreign filing. A US utility patent application provides a one year grace period for PCT filing (Patent Cooperation Treaty filing) as well as in most countries.

Fourth, a PCT application provides typically 30 to 32 months additional time in which to designate individual countries. Thus, the PCT application is very useful even though by itself it cannot confer specific patent rights in specific countries.

Fifth, if your product is successful, yet not so successful that you can spend freely on foreign priority rights, there is room for optimism. Many corporations would be happy to invest in a successful product in order to acquire foreign rights. Specifically, such corporations would be willing to pay the foreign patent costs in exchange for foreign marketing rights. In those situations, you'd still likley get a portion of the proceeds from foreign sales, but without the aggravation. Or, you might even consider selling the foreign rights for a lump sum.

Read More >> http://internationalpatentservice.com/Worry-Free-Foreign-Patent-Rights.html

Protecting your business’ intellectual property

By: BusinessNC

What are patents, trademarks, and copyrights? How does obtaining these intellectual property rights, or “IP” rights, help create value for your business? Unfortunately, there are no short answers to these questions. With that being said, in this article we attempt to make the subject of IP more accessible and provide a pathway to understanding how IP can be used to protect the products that your business has spent blood, sweat, and capital on, and also how it can create growth and value for your business.

A patent issued by the United States Patent and Trademark Office is an IP right that grants the patent owner the right to exclude others from making, using, or selling, or importing the invention covered in the patent. In order to obtain a patent, the invention must be a machine, apparatus, process, plant, or composition of matter. Although abstract ideas or mathematical formulas are not patentable, in some instances software is patentable.

There are several different types of patents, including utility patents, design patents, and plant patents. Utility patents, which include provisional patent applications and non-provisional patents, are by far the most common, followed by design patents. Utility patents protect the functionality of an invention. While a provisional patent application cannot itself become a granted patent, it can be used to establish a filing date and later be used as a basis for a non-provisional patent application claiming priority to the provisional patent application. A non-provisional patent typically has a term of 20 years from the earliest effective filing date, with some adjustment possible for time delays. Periodic maintenance fees are required to keep a non-provisional patent in force. Design patents protect the ornamental design of an invention and have a term of 15 years from the date the patent is issued. No maintenance fees are required to keep a design patent in force.

The most obvious reason for filing a patent application is to protect the years of work and capital invested in your product. Since you or your business invested the time and money in the product, providing an ability to stop others from copying your product is one of the main reasons why patents exist. Obtaining a patent on your product, however, can also help your business in other ways. Patent licensing allows you to give certain rights to others to your invention, for a fee, and can result in extra income without having to invest any additional capital into your own business. Moreover, if your business plan is to be acquired by a larger company or a merger is in your future, having valuable patents in your list of assets can result in a competitive advantage at the negotiating table. Patents can also be used as collateral to obtain new rounds of funding if your business is looking to expand. These are just some examples of how patents can create value for your business beyond the legal monopoly granted by the Patent Office.

Trademarks are IP rights that protect signs, symbols, names, and colors that are source identifiers for products and services. Product configuration trademarks also can be pursued to protect product designs via trademark rights. Although some trademark rights exist without registration, obtaining a federal trademark or service mark registration not only provides a tool that can be used to prevent others from using an identical mark as yours for the same goods, but a federal registration also can be used to prevent others from using a mark that would create a likelihood of confusion. This type of protection is, therefore, quite broad. As long as they are continuously used and have not become generic or cancelled, federal trademark registrations have a term of 10 years and can be renewed in perpetuity. Federal trademark registrations have been granted for particular color combinations, jingles or short musical pieces associated with a business, and even particular scents. The key is that the trademark is used to identify the source of the product or service as that of the entity that owns the trademark.

Read More >> http://businessnc.com/protecting-your-business-intellectual-property/

New Technologies Worth Investing In

By: Michael J Foycik Jr. 
October 2, 2013
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 to find the hot new technologies, and invest in them.  Smart!

When a techology gets “old” there are too many companies in it, driving down profits.  And, people get tired of new product announcements in old technologies.  For example, when was the last time you got excited about an ad for tires?  Yet there was a time when many people would get excited about such an ad.

So, what's hot?  What has an open field ahead of it?  What has room for growth?  It really is possible to answer those questions, if you know how.  Here are a few tips.

First tip: find a field that has not been updated lately.  If it is in the news every day, though, chances are it is very updated.  For example, solar power is updated.  Cell phones too, and cameras, and televisions sets.

So what hasn't been updated?  What has a real future?  Easy!

Tip one: look at change.  For example, natural gas has dropped in price, and vast reserves have been discovered.  This means a sharp downward trend in natural gas prices.  What products will benefit?  We know that natural gas is even safe in the home, so anything goes.  Good fields for investment therefore will be anything that uses natural gas, yet hasn't been widely sold and has few competitors in the field.  If only we could discover what those products are!

It turns out that we CAN find those products.  Specifically, you CAN find what new things use natural gas, which companies are making them, and many other worthwhile details.  Here's how, so keep reading.

You can locate those products and the companies of interest, using patents as your guide.  That's not too hard – you can search on any patent site and limit your search to just the current year and a specific search term.  Easy!  And, issued patents often show the Assignee, i.e. the company that owns it.

Further, once you know your technical area of interest, is the Class/Subclass search.  The issued patents of interest will show their Class/Subclass, and you might want to start with those.

Read More >> http://internationalpatentservice.com/New-Technologies-Worth-Investing-In.html

Intellectual Property in the Age of 3D Scanning and 3D Printing

BY: SAM BILLINGSLEY JR.

A few weeks ago, Sean passed a couple of links my way regarding the questions surrounding the trademarking of point cloud data. He asked for my opinion and, after emerging from the rabbit hole nearly a month later, I’m still not sure exactly what my opinion is. However, I am sure that the questions brought forth are both thought-provoking and in need of consideration by anyone that works or plays in the reality capture space.

Let’s start where Sean dropped me in to this and see where it goes…

The post he sent me was “Why 3D Scans Aren’t Copyrightable” by Cory Doctorow. The post is basically a summation of the work of Michael Weinberg who is the General Counsel for Shapeways which is a company/community built around 3D printing and 3D design. I must admit that my first instinct was one of suspicion: Of course the attorney for a 3D printing company thinks that 3D scans are not copyrightable, it’s in his employer’s best interest! However, after taking the time to read his other papers, I do think that he is right–you can’t copyright a scan. However, getting around the rules that make him right are so easy that I’m not sure it will matter the way we think.

Let’s go a bit deeper by defining a few terms that we will need to use

> Physible: a dataset that is capable of being manufactured as a physical object using a 3D printer or DNC machine.
> Copyright: the exclusive legal right given to an originator or an assignee to print, publish, perform, film, or record literary, artistic, or musical material, and to authorize others to do the same.
> Patent: a government authority or license conferring a right or title for a set period, especially the sole right to exclude others from making, using, or selling an invention.
> Design Patent: a form of intellectual property protection which allows an inventor to protect the original shape or surface ornamentation of a useful manufactured article
> Trademark: a symbol, word, or words legally registered or established by use as representing a company or product

Read More >> https://www.spar3d.com/blogs/confessions-of-a-hired-gun/intellectual-property-age-3d-scanning-physibles/

Getting Investors - Ultra Quick Tips

By: Michael J Foycik Jr. 
Septemper 18, 2013

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.  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.

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