By: Chloe Mckenna
It's so easy to overlook your intellectual property when you're a startup. Even companies who've been in business for a while but are scaling up can easily forget just how important it is to protect yourself and your business. So, how do you even begin to go about protecting it and what's involved?
Your intellectual property is one of your most valuable assets. Not only does it give your company its true value, but it also helps create brand recognition and sets you apart from your competitors. Without it, you can't differentiate yourself from the rest. So that's why business owners are realising just how valuable it is and taking steps to protect it.
So it's no surprise that legal claims made over the last 12 months by small to medium enterprises have risen significantly by 68%. If you're new to business and have no clue how to even register your intellectual property, read on to find out.
Read more >> https://www.capalona.co.uk/news/how-to-protect-your-intellectual-property-as-a-startup-or-scale-up/
How to Patent
By:Michael J Foycik Jr.
Sept.29, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
An idea or any useful device or method
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.
Introduction and types of patent
Many types of ideas can be patented. Anything that has a function or use can be patented. Also, patent protection can cover many (but not all) types of business methods, most types of computer programs, new methods and processes, new chemicals and compounds, and new materials or new uses for old materials. Where the invention is for a design feature or an ornamental cover or casing, for example, then a design patent is the best way of protecting the invention. How to get a design patent, and how to patent a design, is explained in a separate section below.
How to Patent an Idea
An idea can best be protected by a utility patent application. This is also sometimes called a “regular” patent application. The idea can be explained in words and, if possible, by drawings. The drawings do not need to be like blueprints; instead, they are simplified and do not usually have to show conventional features. And, it is not necessary to have a working model.
Before getting into the details, we would like to mention that there is also something called a “provisional patent application” discussed hereunder. It gives patent pending status for one year, permitting a utility patent application to be filed at any time during that year. That is another way to get a patent. The provisional application is much less expensive than a utility patent application, and can be recommended when there is an urgent need to get a patent application on file with the US Patent Office. For example, just prior to a trade show or publication of the invention, there is an urgent need to have the idea on file with the US Patent Office. For further information, see the section below called “How to patent using a provisional patent application.”
Read more >> http://internationalpatentservice.com/How-to-Patent.html
Sept.29, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
An idea or any useful device or method
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.
Introduction and types of patent
Many types of ideas can be patented. Anything that has a function or use can be patented. Also, patent protection can cover many (but not all) types of business methods, most types of computer programs, new methods and processes, new chemicals and compounds, and new materials or new uses for old materials. Where the invention is for a design feature or an ornamental cover or casing, for example, then a design patent is the best way of protecting the invention. How to get a design patent, and how to patent a design, is explained in a separate section below.
How to Patent an Idea
An idea can best be protected by a utility patent application. This is also sometimes called a “regular” patent application. The idea can be explained in words and, if possible, by drawings. The drawings do not need to be like blueprints; instead, they are simplified and do not usually have to show conventional features. And, it is not necessary to have a working model.
Before getting into the details, we would like to mention that there is also something called a “provisional patent application” discussed hereunder. It gives patent pending status for one year, permitting a utility patent application to be filed at any time during that year. That is another way to get a patent. The provisional application is much less expensive than a utility patent application, and can be recommended when there is an urgent need to get a patent application on file with the US Patent Office. For example, just prior to a trade show or publication of the invention, there is an urgent need to have the idea on file with the US Patent Office. For further information, see the section below called “How to patent using a provisional patent application.”
Read more >> http://internationalpatentservice.com/How-to-Patent.html
Intellectual property strategies for startups
By: Benjamin Lehberger
Intellectual property protection is an important consideration for most startups. Obtaining intellectual property protection, such as patents, can minimize competition and act as a defensive mechanism against infringement claims from others. Intellectual property also can attract or solidify funding and partnerships. In formulating an intellectual property strategy for your startup, consider the following.
File early, and keep quiet
Your time to file for patent protection is limited and patents should be contemplated early on in development. In the United States, an inventor has a one-year “grace period” from first publicizing an invention to filing for patent protection, after which it is too late. However, you should not wait even that long. In 2013, the U.S. patent system switched from a first-to-invent to a first-inventor-to-file system. This subtle difference in terminology could mean dire consequences for those who delay seeking patent protection.
Under the old first-to-invent system, you could be the first to conceive of an invention and still obtain patent rights over an earlier filer by showing that you conceived first and continued to diligently work on your invention. Today, it is a race to the patent office. Regardless of who conceived of the invention first, the first one to file their patent application “wins.”
Read more >> https://techcrunch.com/2016/10/31/intellectual-property-strategies-for-startups/
Intellectual property protection is an important consideration for most startups. Obtaining intellectual property protection, such as patents, can minimize competition and act as a defensive mechanism against infringement claims from others. Intellectual property also can attract or solidify funding and partnerships. In formulating an intellectual property strategy for your startup, consider the following.
File early, and keep quiet
Your time to file for patent protection is limited and patents should be contemplated early on in development. In the United States, an inventor has a one-year “grace period” from first publicizing an invention to filing for patent protection, after which it is too late. However, you should not wait even that long. In 2013, the U.S. patent system switched from a first-to-invent to a first-inventor-to-file system. This subtle difference in terminology could mean dire consequences for those who delay seeking patent protection.
Under the old first-to-invent system, you could be the first to conceive of an invention and still obtain patent rights over an earlier filer by showing that you conceived first and continued to diligently work on your invention. Today, it is a race to the patent office. Regardless of who conceived of the invention first, the first one to file their patent application “wins.”
Read more >> https://techcrunch.com/2016/10/31/intellectual-property-strategies-for-startups/
A New Startup Business: What Is Needed For Success
By: Michael J Foycik Jr.
Sept.24, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
So you're starting a new business, congratulations! The sky's the limit. If your new startup business is based on a new idea, a new concept, or a new invention, then you'll need something first.
What will you need for success? At least one thing: something unique that you own. The key word here is “own” and that includes intellectual property: patent rights, trademark rights, copyright rights, and trade secret rights. Otherwise, your initial success can be copied or taken by anyone.
You should have a pending application of some type. That is, unless you already have an issued patent or a registered trademark, though a startup is unlikely to have either one. What you can have is a pending application: a pending patent application, a pending trademark application, or both. For some businesses, a copyright application is needed instead of, or in addition to, a patent application.
A pending application documents ownership, as of the filing date. For patent applications, the law now is first-to-file. If you wait to file a patent application, anyone can take your idea and file on it. So be the first! If you are first, then your rights are documented by the filing of the application.
Costs can be kept fairly low on the patent side by filing a provisional patent application (PPA), which gives true patent pending rights for one year, which can give priority rights for any later filed utility patent application. The PPA also documents trade secret rights when the subject matter is kept confidential, and such rights can be valuable.
Read more >> http://internationalpatentservice.com/A-New-Startup-Business.html
Sept.24, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
So you're starting a new business, congratulations! The sky's the limit. If your new startup business is based on a new idea, a new concept, or a new invention, then you'll need something first.
What will you need for success? At least one thing: something unique that you own. The key word here is “own” and that includes intellectual property: patent rights, trademark rights, copyright rights, and trade secret rights. Otherwise, your initial success can be copied or taken by anyone.
You should have a pending application of some type. That is, unless you already have an issued patent or a registered trademark, though a startup is unlikely to have either one. What you can have is a pending application: a pending patent application, a pending trademark application, or both. For some businesses, a copyright application is needed instead of, or in addition to, a patent application.
A pending application documents ownership, as of the filing date. For patent applications, the law now is first-to-file. If you wait to file a patent application, anyone can take your idea and file on it. So be the first! If you are first, then your rights are documented by the filing of the application.
Costs can be kept fairly low on the patent side by filing a provisional patent application (PPA), which gives true patent pending rights for one year, which can give priority rights for any later filed utility patent application. The PPA also documents trade secret rights when the subject matter is kept confidential, and such rights can be valuable.
Read more >> http://internationalpatentservice.com/A-New-Startup-Business.html
Intellectual Property Law for Blockchain Startups
By: Tori Lutz
Although the blockchain has been present in the tech consciousness for a few years now, It is incredibly young compared to many of the legal frameworks it operates under. As a blockchain startup, a fundamental knowledge of intellectual property law is a must. Of course, a legal team or consultant is an important part of any growing company, but companies can save a lot of money and grief by understanding the basics from the very start. This article will cover the essential things to know about intellectual property in general and more specifically about blockchain intellectual property.
What is IP Law and Why Does It Matter?
Intellectual property, or IP, refers to intangible things that can be owned or managed by individuals and businesses.
The blockchain is by its very nature intangible. Sure, you can break down its process to electrons moving within circuit boards, but software generally always falls within the intellectual property label.
In order to understand the way in which blockchain startups can be affected by (and benefit from) intellectual property law and specifically blockchain intellectual property law(s), it helps to understand the four primary categories of IP regulation:
Read more >> https://askrypto.com/articles/2019/09/intellectual-property-law-for-blockchain-startups/
Although the blockchain has been present in the tech consciousness for a few years now, It is incredibly young compared to many of the legal frameworks it operates under. As a blockchain startup, a fundamental knowledge of intellectual property law is a must. Of course, a legal team or consultant is an important part of any growing company, but companies can save a lot of money and grief by understanding the basics from the very start. This article will cover the essential things to know about intellectual property in general and more specifically about blockchain intellectual property.
What is IP Law and Why Does It Matter?
Intellectual property, or IP, refers to intangible things that can be owned or managed by individuals and businesses.
The blockchain is by its very nature intangible. Sure, you can break down its process to electrons moving within circuit boards, but software generally always falls within the intellectual property label.
In order to understand the way in which blockchain startups can be affected by (and benefit from) intellectual property law and specifically blockchain intellectual property law(s), it helps to understand the four primary categories of IP regulation:
Read more >> https://askrypto.com/articles/2019/09/intellectual-property-law-for-blockchain-startups/
Now is the Time to Consider an EPO Patent Application for Coverage in European Union Countries
By: Michael J Foycik Jr.
Sept.19, 209
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Thinking of foreign patents? Then its time to consider an EU (European) patent application!
Why now? Because the EU law is transitioning toward a single filing to cover all of the subscribing EU member countries.
Applications filed now are said to be covered by the new law when it changes, likely in 2015 or 2016. Such an application is examined, and if granted provides patent protection in all subscribing EU countries. The filing can be in any EU language, which includes English, removing the need for expensive translations.
Most companies need protection in the US, but dread the costs of filing in multiple European countries. Sure, you've heard of companies spending hundreds of thousands of dollars. But, consider that an EU application can be filed for less than USD 7500 in many cases, including attorneys fees and government filing fees. Design patent applications are even less.
What about EU trademark applications? Those are affordable too! Filing can be at a total cost of less than USD 6500, including legal fees and government fees. No actual use is needed for filing. Ideally, your company name should be protected as soon as possible, before competitors can try to get rights in the EU on your trademark.
Read more >> http://internationalpatentservice.com/Now-is-the-Time-to-Consider-an-EPO-Patent-Application-for-Coverage-in-European-Union-Countries.html
Sept.19, 209
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Thinking of foreign patents? Then its time to consider an EU (European) patent application!
Why now? Because the EU law is transitioning toward a single filing to cover all of the subscribing EU member countries.
Applications filed now are said to be covered by the new law when it changes, likely in 2015 or 2016. Such an application is examined, and if granted provides patent protection in all subscribing EU countries. The filing can be in any EU language, which includes English, removing the need for expensive translations.
Most companies need protection in the US, but dread the costs of filing in multiple European countries. Sure, you've heard of companies spending hundreds of thousands of dollars. But, consider that an EU application can be filed for less than USD 7500 in many cases, including attorneys fees and government filing fees. Design patent applications are even less.
What about EU trademark applications? Those are affordable too! Filing can be at a total cost of less than USD 6500, including legal fees and government fees. No actual use is needed for filing. Ideally, your company name should be protected as soon as possible, before competitors can try to get rights in the EU on your trademark.
Read more >> http://internationalpatentservice.com/Now-is-the-Time-to-Consider-an-EPO-Patent-Application-for-Coverage-in-European-Union-Countries.html
Why Intellectual Property Protection Is Crucial For Startups
By: Dinesh Jotwani
Patents level the playing field between startups and incumbents
Investors are likely to invest in a startup that has patents in its name
Unless a startup trademarks its logo, it may discover unscrupulous companies copying its logo
Nearly 90% of startups fail within their first five years. With the odds stacked against them, they need nearly everything to fall into place to succeed including Intellectual Property Rights.
A startup is essentially a disrupter. It disrupts an existing market by providing more convenient service, a service at a lower cost, or both. Every startup that enters a market believes it has a unique strategy. At the heart of every startup’s strategy is usually a technology and a clever name or attractive logo.
Read more >> https://inc42.com/resources/intellectual-property-protection-crucial-startups/
Patents level the playing field between startups and incumbents
Investors are likely to invest in a startup that has patents in its name
Unless a startup trademarks its logo, it may discover unscrupulous companies copying its logo
Nearly 90% of startups fail within their first five years. With the odds stacked against them, they need nearly everything to fall into place to succeed including Intellectual Property Rights.
A startup is essentially a disrupter. It disrupts an existing market by providing more convenient service, a service at a lower cost, or both. Every startup that enters a market believes it has a unique strategy. At the heart of every startup’s strategy is usually a technology and a clever name or attractive logo.
Read more >> https://inc42.com/resources/intellectual-property-protection-crucial-startups/
Some Kickstarter Success Tips
By: Michael J Foycik Jr.
Sept.15, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
If you're planning a Kickstarter campaign or other enterprise funding site, then these tips may help.
Have IP protection. What's that? It is intellectual property. It is not necessary to have an issued patent, but for success raising capital it is important to have at least patent pending protection. Trademark protection can help too. Don't neglect copyright protection and trade secret protection, if those are appropriate for your enterprise.
Get publicity. Use an inexpensive service that does e-press releases. Such a service can even help you write the press releases, for a small additional fee. And, try giving interviews to journals and magazines that might review your product or service.
Line up your tech resources ahead of time, to list on the site. These services would include affordable software technical services. Your product will need technical support services, so it may be a good idea to list such a company on your site. Other software services are important, as you're well aware already: sales support software, inventory management software, and employee management software, among others.
Read more >> http://internationalpatentservice.com/Some-Kickstarter-Success-Tips.html
Sept.15, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
If you're planning a Kickstarter campaign or other enterprise funding site, then these tips may help.
Have IP protection. What's that? It is intellectual property. It is not necessary to have an issued patent, but for success raising capital it is important to have at least patent pending protection. Trademark protection can help too. Don't neglect copyright protection and trade secret protection, if those are appropriate for your enterprise.
Get publicity. Use an inexpensive service that does e-press releases. Such a service can even help you write the press releases, for a small additional fee. And, try giving interviews to journals and magazines that might review your product or service.
Line up your tech resources ahead of time, to list on the site. These services would include affordable software technical services. Your product will need technical support services, so it may be a good idea to list such a company on your site. Other software services are important, as you're well aware already: sales support software, inventory management software, and employee management software, among others.
Read more >> http://internationalpatentservice.com/Some-Kickstarter-Success-Tips.html
Patent prosecution strategy for technology startups
By: Timothy Lohse and Brent Yamashita
There are three critical junctures during the lifecycle of a technology startup. The first is when the founders seek financing from angel investors or VCs. The second is when the startup launches its first product to the public. The third is when the startup attempts to implement an exit strategy (eg, through an acquisition or IPO). As a founder of a technology start-up, pending and/or issued patents are an important tangible asset that not only provides your company strategic legal and economic advantages but also can help to convince your investors, customers, suppliers, competitors, potential acquirers, underwriters, and even Wall Street itself during these three critical junctures that your technology is cutting-edge and valuable.
All technology startups should develop a patent strategy from the outset. It is advisable to do so even before you have obtained financing because pending patent applications can help you negotiate a higher valuation and possibly obtain more favorable financing terms. Patents can protect your place in the market, and can dissuade and even exclude potential competitors from entering your market. Patents can deter other companies from asserting their own patents against you, or can place you in a better strategic position should there be patent litigation. Finally, patents can be translated into real economic value through licensing, an outright sale of the patents, or assertion in litigation.
Read more >> https://www.dlapiperaccelerate.com/knowledge/2017/patent-prosecution-strategy-for-technology-startups.html
There are three critical junctures during the lifecycle of a technology startup. The first is when the founders seek financing from angel investors or VCs. The second is when the startup launches its first product to the public. The third is when the startup attempts to implement an exit strategy (eg, through an acquisition or IPO). As a founder of a technology start-up, pending and/or issued patents are an important tangible asset that not only provides your company strategic legal and economic advantages but also can help to convince your investors, customers, suppliers, competitors, potential acquirers, underwriters, and even Wall Street itself during these three critical junctures that your technology is cutting-edge and valuable.
All technology startups should develop a patent strategy from the outset. It is advisable to do so even before you have obtained financing because pending patent applications can help you negotiate a higher valuation and possibly obtain more favorable financing terms. Patents can protect your place in the market, and can dissuade and even exclude potential competitors from entering your market. Patents can deter other companies from asserting their own patents against you, or can place you in a better strategic position should there be patent litigation. Finally, patents can be translated into real economic value through licensing, an outright sale of the patents, or assertion in litigation.
Read more >> https://www.dlapiperaccelerate.com/knowledge/2017/patent-prosecution-strategy-for-technology-startups.html
Quit Worrying About Competitors, And Start Making Money
By: Michael J Foycik Jr.
Sept.10, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336
Stop worrying! Many inventors and businesses become paralyzed by worry when trying to advance a new idea.
What if competitors import cheap knock-offs? What if they steal your idea? What if it isn't protectable as a patent?
Here are some factors to put your mind at ease.
First, competitors won't spend money to copy a product unless they are sure it will make money. For anything that is new, how can they know? Probably only by seeing if you make money. That gives you a big head start. If your product is good, you can saturate the market before the first knock-off arrives. Also, this gives you time to establish your trademark or trade name, so that people asking for it by name will always get your product.
Second, until your idea is made public, it can be protected as a trade secret, assuming you have marked everything confidential and avoided any non-confidential disclosures. Again, this provides a real head start, with the benefits noted above.
Third, suppose your idea is so good that competitors want to immediately steal/misappropriate your idea. That can be a very good problem to have! Why? Because it means that your rights could have great value to a legitimate company, one that has power to enforce those rights for you against infringers. You see it in the news all the time: big companies investing in small companies, buying a percentage of the ownership. Big companies know how to protect their investments, and their rights.
Read more >> http://internationalpatentservice.com/Quit-Worrying-About-Competitors-And-Start-Making-Money.html
Sept.10, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336
Stop worrying! Many inventors and businesses become paralyzed by worry when trying to advance a new idea.
What if competitors import cheap knock-offs? What if they steal your idea? What if it isn't protectable as a patent?
Here are some factors to put your mind at ease.
First, competitors won't spend money to copy a product unless they are sure it will make money. For anything that is new, how can they know? Probably only by seeing if you make money. That gives you a big head start. If your product is good, you can saturate the market before the first knock-off arrives. Also, this gives you time to establish your trademark or trade name, so that people asking for it by name will always get your product.
Second, until your idea is made public, it can be protected as a trade secret, assuming you have marked everything confidential and avoided any non-confidential disclosures. Again, this provides a real head start, with the benefits noted above.
Third, suppose your idea is so good that competitors want to immediately steal/misappropriate your idea. That can be a very good problem to have! Why? Because it means that your rights could have great value to a legitimate company, one that has power to enforce those rights for you against infringers. You see it in the news all the time: big companies investing in small companies, buying a percentage of the ownership. Big companies know how to protect their investments, and their rights.
Read more >> http://internationalpatentservice.com/Quit-Worrying-About-Competitors-And-Start-Making-Money.html
How designers can protect their intellectual property
By: James Timpson
Protecting your intellectual property can be a tricky process. As a creative designer it’s your job to ensure you’re sheltered if someone copies your ideas. Unfortunately, there are many loopholes that enable organisations to plagiarise work; therefore, being prepared for every eventuality is crucial.
There are four main categories of intellectual property rights; patents, designs, trademarks and copyright. Each category refers to a different type of design. Understanding what’s relevant to your product is the first step towards ensuring you’re adequately protected.
Intellectual Property Rights
According to Business Case Studies patents mainly refer to brand new products and can last for up to 20 years if renewed annually. Patents require distinct information regarding the technical specifications and operation of a product to ensure others can’t copy it and make something too similar.
Designs are the physical appearance of the product, such as the lines, shapes, contours and materials. A standard design registration lasts for five years; however, if it’s renewed annually it can last for up to 25 years.
Read more >> https://www.creativedigest.net/how-designers-can-protect-their-intellectual-property/
Protecting your intellectual property can be a tricky process. As a creative designer it’s your job to ensure you’re sheltered if someone copies your ideas. Unfortunately, there are many loopholes that enable organisations to plagiarise work; therefore, being prepared for every eventuality is crucial.
There are four main categories of intellectual property rights; patents, designs, trademarks and copyright. Each category refers to a different type of design. Understanding what’s relevant to your product is the first step towards ensuring you’re adequately protected.
Intellectual Property Rights
According to Business Case Studies patents mainly refer to brand new products and can last for up to 20 years if renewed annually. Patents require distinct information regarding the technical specifications and operation of a product to ensure others can’t copy it and make something too similar.
Designs are the physical appearance of the product, such as the lines, shapes, contours and materials. A standard design registration lasts for five years; however, if it’s renewed annually it can last for up to 25 years.
Read more >> https://www.creativedigest.net/how-designers-can-protect-their-intellectual-property/
Surprisingly Good Ways Of Stopping Foreign Imports Using Your US Patent
By: Michael J Foycik Jr.
Sept 5, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
The number one concern of many companies with new products is how to stop foreign copies from entering the US. The good news, this is easy for US Patent owners, and there are two ways this can operate.
The most surprising way is using the US Customs Service to block suspected infringers. To do this, you will need an order from the Customs Service. Once you have that, Customs does the real work. The catch here is, the US company will have to prove it makes the goods itself in the US. So, two foreign companies cannot easily avail themselves of this privilege.
Customs can confiscate infringing goods, and may even turn over those goods to the US patent owner. If specific infringers can be pointed out to Customs, which is often the case, those infringers can be targeted by Customs.
The second way is more obvious: using the US Patent rights. There is an easy way to do this, and a harder way. The easier way is sending a copy of the US Patent to retailers and other companies selling the infringing product; most will quickly deal with the situation, usually by simply removing the infringing products. After all, retailers do not want trouble, and can avoid it by fleeing from patent disputes. The author has seen this several times, and it is surprisingly effective.
Read more >> http://internationalpatentservice.com/Surprisingly-Good-Ways-Of-Stopping-Foreign-Imports-Using-Your-US-Patent.html
Sept 5, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
The number one concern of many companies with new products is how to stop foreign copies from entering the US. The good news, this is easy for US Patent owners, and there are two ways this can operate.
The most surprising way is using the US Customs Service to block suspected infringers. To do this, you will need an order from the Customs Service. Once you have that, Customs does the real work. The catch here is, the US company will have to prove it makes the goods itself in the US. So, two foreign companies cannot easily avail themselves of this privilege.
Customs can confiscate infringing goods, and may even turn over those goods to the US patent owner. If specific infringers can be pointed out to Customs, which is often the case, those infringers can be targeted by Customs.
The second way is more obvious: using the US Patent rights. There is an easy way to do this, and a harder way. The easier way is sending a copy of the US Patent to retailers and other companies selling the infringing product; most will quickly deal with the situation, usually by simply removing the infringing products. After all, retailers do not want trouble, and can avoid it by fleeing from patent disputes. The author has seen this several times, and it is surprisingly effective.
Read more >> http://internationalpatentservice.com/Surprisingly-Good-Ways-Of-Stopping-Foreign-Imports-Using-Your-US-Patent.html
Intellectual Property – The Road Less Travelled
By: Tarun Bansal
NASSCOM recently reported that Indian startups filed around 200 patents applications recently. What is notable is that much of the filings are related to emerging technologies such as Artificial Intelligence, Cyber Security, Cloud Computing and IoT, establishing India as a hub of innovation. Indian companies, primarily Indian startups, are booming with innovation and creativity. Yet, for them, Intellectual Property (IP) has been a road less travelled. IP in India is perceived as an investment black hole by startups and large corporations alike.
Talking to innovators from small as well as large companies gives an insight into some of the challenges they face when it comes to IP in India. Here are some of them:
> Lack of IP enforcement: Innovators in India feel that the legal system is not equipped to enforce IP – so even if they get their IPs registered, they won’t be able to stop their competitors from breaching/ infringing their IP rights. In fact, by doing IP they think they are giving their trade secrets to competitors on a silver platter.
> A dearth of case studies for IP success: Most innovators don’t relate to success one can get from IP as there have been no significant case studies in India where IP made a significant direct impact on earnings/ business. Establishing a startup became popular in India only when there were enough case studies of people striking it rich or famous.
Read more >> http://founderindia.com/intellectual-property-the-road-less-travelled/
NASSCOM recently reported that Indian startups filed around 200 patents applications recently. What is notable is that much of the filings are related to emerging technologies such as Artificial Intelligence, Cyber Security, Cloud Computing and IoT, establishing India as a hub of innovation. Indian companies, primarily Indian startups, are booming with innovation and creativity. Yet, for them, Intellectual Property (IP) has been a road less travelled. IP in India is perceived as an investment black hole by startups and large corporations alike.
Talking to innovators from small as well as large companies gives an insight into some of the challenges they face when it comes to IP in India. Here are some of them:
> Lack of IP enforcement: Innovators in India feel that the legal system is not equipped to enforce IP – so even if they get their IPs registered, they won’t be able to stop their competitors from breaching/ infringing their IP rights. In fact, by doing IP they think they are giving their trade secrets to competitors on a silver platter.
> A dearth of case studies for IP success: Most innovators don’t relate to success one can get from IP as there have been no significant case studies in India where IP made a significant direct impact on earnings/ business. Establishing a startup became popular in India only when there were enough case studies of people striking it rich or famous.
Read more >> http://founderindia.com/intellectual-property-the-road-less-travelled/
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