By: Henry Comte Valasquez
Protecting intellectual property rights should be a top priority for a small business that creates new products. Intellectual property represents creations of the mind that have taken tangible forms such as writing or inventions. Written works are protected by copyrights, while inventions are protected by patents and names and symbols are protected by trademarks.
Patent Search
If you are introducing a new product to the market that is unlike anything that’s been marketed before, you should protect the invention with a patent or patent-pending status. A key step toward acquiring a patent is to conduct a patent search with the U.S. Patent and Trademark Office (USPTO). Find out if your new invention is similar to any patent of the past to avoid litigation. The process of filing a patent can take up to a few years.
Registering Works
An author can claim copyright ownership as soon as a piece of writing is presented to the public. Copyrights do not need to be registered with the Library of Congress, but it always helps in court cases to point to official registration dates of specific works. By registering the work you will be in a better position to litigate if someone infringes upon your writing. USPTO, as the name suggests, is the organization people turn to for registering a trademark.
Read more >> https://henrycomtevelasquez.com/a-guide-to-keeping-your-intellectual-property-safe/
Patent Assignments - What Inventors Should Know
By: Michael J Foycik Jr.
Nov.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.
If you're an inventor who is considering signing an Assignment of a patent or patent application, there are a few things you may want to know. Most questions concern the language of the Assignment itself, namely the promise to assign future improvements and to sign new patent applications related to the invention.
The typical Assignment includes language assigning the invention to the new owner (called the Assignee). That new owner is usually either an employer or someone who wishes to purchase the rights to the invention. For that new owner, some of the value of the invention may reside in the ability to file more patent applications, to make a family of products.
For example, let's say the invention is a big success; the new owner will surely want to file more patent applications for any likely variations that a competitor might try. And, let's say the original inventor has moved on to a new company or a new business. How much of a burden will be on that inventor, under the terms of the typical Assignment? And, what about new inventions the inventor later makes – will those need to be assigned to the new owner under the terms of the original Assignment?
The key to answering the above and other questions is in understanding the legal meaning of the term “invention” in the original Assignment. The term “invention” must necessarily refer to the invention as shown and described in the patent application, and to any “obvious” variations. Because the courts generally define the word “invention” in this manner, it would appear that the inventor's future obligations should not be overly burdensome.
Read more >> http://internationalpatentservice.com/Patent-Assignments-What-Inventors-Should-Know.html
Nov.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.
If you're an inventor who is considering signing an Assignment of a patent or patent application, there are a few things you may want to know. Most questions concern the language of the Assignment itself, namely the promise to assign future improvements and to sign new patent applications related to the invention.
The typical Assignment includes language assigning the invention to the new owner (called the Assignee). That new owner is usually either an employer or someone who wishes to purchase the rights to the invention. For that new owner, some of the value of the invention may reside in the ability to file more patent applications, to make a family of products.
For example, let's say the invention is a big success; the new owner will surely want to file more patent applications for any likely variations that a competitor might try. And, let's say the original inventor has moved on to a new company or a new business. How much of a burden will be on that inventor, under the terms of the typical Assignment? And, what about new inventions the inventor later makes – will those need to be assigned to the new owner under the terms of the original Assignment?
The key to answering the above and other questions is in understanding the legal meaning of the term “invention” in the original Assignment. The term “invention” must necessarily refer to the invention as shown and described in the patent application, and to any “obvious” variations. Because the courts generally define the word “invention” in this manner, it would appear that the inventor's future obligations should not be overly burdensome.
Read more >> http://internationalpatentservice.com/Patent-Assignments-What-Inventors-Should-Know.html
Legal Hiccups To Avoid To Prevent Your Startup From Failing
By: Isabella Rossellini
Your startup will surely crash and will be crushed if you do not have your legal house in order to prevent the hiccups that startups usually experience. When you ask any entrepreneur about the main ingredients that ensure success for startups, they will often come up with one word or short answers that will primarily include:
> Courage
> Perseverance
> Dedication
> Hard work
> A proper plan and
> A top-notch team, so on and so forth.
Yes, all these qualities are essential to ensure success for a startup and there is no question about it that these will give the companies a fighting chance to service the highly competitive market out there.
Reasons entrepreneurs overlook it
However, most of the people tend to overlook the legal aspects thinking it to be a boring stuff. However, this is extremely vital because you may soon have to roll down the shutters if the legal aspects in not accurate, just as it ought to be.
Read more >> https://adzis.com/blog/legal-hiccups-avoid-prevent-startup-failing/
Your startup will surely crash and will be crushed if you do not have your legal house in order to prevent the hiccups that startups usually experience. When you ask any entrepreneur about the main ingredients that ensure success for startups, they will often come up with one word or short answers that will primarily include:
> Courage
> Perseverance
> Dedication
> Hard work
> A proper plan and
> A top-notch team, so on and so forth.
Yes, all these qualities are essential to ensure success for a startup and there is no question about it that these will give the companies a fighting chance to service the highly competitive market out there.
Reasons entrepreneurs overlook it
However, most of the people tend to overlook the legal aspects thinking it to be a boring stuff. However, this is extremely vital because you may soon have to roll down the shutters if the legal aspects in not accurate, just as it ought to be.
Read more >> https://adzis.com/blog/legal-hiccups-avoid-prevent-startup-failing/
Trade Secrets - Better Protection Than a Patent for New Products and Inventions?
By: Michael J Foycik Jr.
Nov.27, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
You can establish a trade secret overnight, but not a patent. A patent takes longer. And, even if you could, would it really provide much protection against copying by distributors, retailers, developers, or investors? Here's a surprisingly useful answer.
A trade secret has some big advantages. It is effective against anyone you have direct dealings with. The damages for a trade secret violation are not limited to direct damages – they can be large enough to justify legal action against even a small or token violation. This is very unlike a patent, where it is necessary to show actual, direct damages; those damages tend to be somewhat small; and where it can be quite difficult to obtain punitive damages.
So, why isn't there a “trade secret” office? And, why doesn't everyone go after a trade secret first, instead of a patent? Excellent questions. A patent protects your invention after it is no longer secret, and it affects strangers who may innocently infringe patent rights. So, a patent is very worthwhile, once you've gotten a good start. But until then, all you really have going for you are your trade secret rights.
Read more >> http://internationalpatentservice.com/Trade-Secrets-Better-Protection-Than-a-Patent-for-New-Products-and-Inventions.html
Nov.27, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
You can establish a trade secret overnight, but not a patent. A patent takes longer. And, even if you could, would it really provide much protection against copying by distributors, retailers, developers, or investors? Here's a surprisingly useful answer.
A trade secret has some big advantages. It is effective against anyone you have direct dealings with. The damages for a trade secret violation are not limited to direct damages – they can be large enough to justify legal action against even a small or token violation. This is very unlike a patent, where it is necessary to show actual, direct damages; those damages tend to be somewhat small; and where it can be quite difficult to obtain punitive damages.
So, why isn't there a “trade secret” office? And, why doesn't everyone go after a trade secret first, instead of a patent? Excellent questions. A patent protects your invention after it is no longer secret, and it affects strangers who may innocently infringe patent rights. So, a patent is very worthwhile, once you've gotten a good start. But until then, all you really have going for you are your trade secret rights.
Read more >> http://internationalpatentservice.com/Trade-Secrets-Better-Protection-Than-a-Patent-for-New-Products-and-Inventions.html
How to Use IP to Add Value to Your Startup
By: Patrick Jones
In the midst of the many things that go into starting a new business, it can be easy to overlook one of the most fundamental, and most valuable, aspects of any business: the protection of its intellectual property, or “IP.” And, even when the protection of IP is considered, protecting a startups can seem too expensive a proposition in light of limited resources.
What is “IP?”
The first questions a startup should ask are: What is “intellectual property,” and does my company have any “intellectual property” that can be protected and is worth protecting? The World Intellectual Property Organization (WIPO) defines “intellectual property” as “creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.” This may include the name of your company name or its brand, its logo, any patentable processes, and designs which enable your company to earn recognition or financial benefit from what it invents or creates.
There are three primary ways in which a startup (or any other entity) can protect its intellectual property: (1) patents, (2) trademarks, and (3) copyrights.
Read more >> https://www.upcounsel.com/blog/use-ip-add-value-startup
In the midst of the many things that go into starting a new business, it can be easy to overlook one of the most fundamental, and most valuable, aspects of any business: the protection of its intellectual property, or “IP.” And, even when the protection of IP is considered, protecting a startups can seem too expensive a proposition in light of limited resources.
What is “IP?”
The first questions a startup should ask are: What is “intellectual property,” and does my company have any “intellectual property” that can be protected and is worth protecting? The World Intellectual Property Organization (WIPO) defines “intellectual property” as “creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.” This may include the name of your company name or its brand, its logo, any patentable processes, and designs which enable your company to earn recognition or financial benefit from what it invents or creates.
There are three primary ways in which a startup (or any other entity) can protect its intellectual property: (1) patents, (2) trademarks, and (3) copyrights.
Read more >> https://www.upcounsel.com/blog/use-ip-add-value-startup
Trademark Application Tips, and Some Ways to Avoid Pitfalls
By: Michael J Foycik Jr.
Nov.26, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Filing a trademark application? That may seem easy, but mistakes can be costly later, during the examination phase. Here are a few helpful tips, and a few pitfalls to avoid.
After a trademark application is filed, the U.S. Trademark Office conducts an examination of the application. For example, if there is both an objection and a refusal to register the mark, then a response will be necessary to meet the objection and to overcome the refusal to register. This happens frequently, and an experienced trademark attorney will likely know just what to do when writing the response.
In my experience, it pays to respond to every office action. Many issues are within the range of discretion of the trademark examining attorney, and good legal arguments in support of the trademark may well be persuasive. Some firms charge substantial sums of money to prepare responses, and other firms might charge much less - therefore it may pay to shop around.
A helpful tip: before filing a trademark application, find a cost effective trademark attorney. It is wise to assume things may not always go smoothly or quickly.
Read more >> http://internationalpatentservice.com/Trademark-Application-Tips-and-Some-Ways-to-Avoid-Pitfalls.html
Nov.26, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Filing a trademark application? That may seem easy, but mistakes can be costly later, during the examination phase. Here are a few helpful tips, and a few pitfalls to avoid.
After a trademark application is filed, the U.S. Trademark Office conducts an examination of the application. For example, if there is both an objection and a refusal to register the mark, then a response will be necessary to meet the objection and to overcome the refusal to register. This happens frequently, and an experienced trademark attorney will likely know just what to do when writing the response.
In my experience, it pays to respond to every office action. Many issues are within the range of discretion of the trademark examining attorney, and good legal arguments in support of the trademark may well be persuasive. Some firms charge substantial sums of money to prepare responses, and other firms might charge much less - therefore it may pay to shop around.
A helpful tip: before filing a trademark application, find a cost effective trademark attorney. It is wise to assume things may not always go smoothly or quickly.
Read more >> http://internationalpatentservice.com/Trademark-Application-Tips-and-Some-Ways-to-Avoid-Pitfalls.html
Myths and Misconceptions About International Patent Applications
By: Michael J Foycik Jr.
Nov.26, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Wondering about filing an international patent application? There are some myths and misconceptions about international patent applications, including what that phrase even means. Let's talk about that.
Myth: an international patent application can be filed that, when granted, turns into a patent giving patent rights in all countries. Fact: there is no such thing. This is probably the biggest patent myth.
Misconception: a PCT application is like a US patent application, and can turn into an issued patent. Fact: a PCT application is more like a bookmark in time, holding the date for other, later applications called “national stage” applications. A short explanation about PCT applications is in the following paragraph.
Most would think “PCT application” (Patent Cooperation Treaty application) when talking about international patent applications. Yet it is not a traditional application in the usual sense of that word, and so is a little tricky to understand. A PCT application is like a US patent application in some ways: it grants “patent pending” status; it confers rights to its filing date as a priority date for filing other patent applications; and, it grants a period of time in which to file other patent applications. However, it is unlike a US patent application in that it does not directly mature into a patent, and the time period conferred is different.
Read more >> http://internationalpatentservice.com/Myths-and-Misconceptions-About-International-Patent-Applications.html
Nov.26, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Wondering about filing an international patent application? There are some myths and misconceptions about international patent applications, including what that phrase even means. Let's talk about that.
Myth: an international patent application can be filed that, when granted, turns into a patent giving patent rights in all countries. Fact: there is no such thing. This is probably the biggest patent myth.
Misconception: a PCT application is like a US patent application, and can turn into an issued patent. Fact: a PCT application is more like a bookmark in time, holding the date for other, later applications called “national stage” applications. A short explanation about PCT applications is in the following paragraph.
Most would think “PCT application” (Patent Cooperation Treaty application) when talking about international patent applications. Yet it is not a traditional application in the usual sense of that word, and so is a little tricky to understand. A PCT application is like a US patent application in some ways: it grants “patent pending” status; it confers rights to its filing date as a priority date for filing other patent applications; and, it grants a period of time in which to file other patent applications. However, it is unlike a US patent application in that it does not directly mature into a patent, and the time period conferred is different.
Read more >> http://internationalpatentservice.com/Myths-and-Misconceptions-About-International-Patent-Applications.html
The Problem of IPR Infringement in India’s Burgeoning Startup Ecosystem
By: Thehasin Nazia & Rajarshi Choudhuri
For a country of 1.3 billion people who pride themselves on ingenuity, entrepreneurial spirit, and innovative thinking, a significant percentage of the Indian population is woefully unaware of trademark infringement and intellectual property theft.
At the beginning of 2010, the Indian e-commerce scene was still in its nascent stage but within the next five years, the growth was unprecedented. This was a result of the rapid internet access proliferation combined with the telecom boom. The budget phone segment and the affordable data tariff pushed the tier-II and tier-III cities into the fore. Just to put things in perspective, according to recent studies, there are close to 600 million phone users in India with over 300 million smartphone owners, which is just 20 million shy of the population of the United States (as per 2018 records).
Read more >> https://www.ipwatchdog.com/2019/11/16/problem-ipr-infringement-indias-burgeoning-startup-ecosystem/id=116019/
For a country of 1.3 billion people who pride themselves on ingenuity, entrepreneurial spirit, and innovative thinking, a significant percentage of the Indian population is woefully unaware of trademark infringement and intellectual property theft.
At the beginning of 2010, the Indian e-commerce scene was still in its nascent stage but within the next five years, the growth was unprecedented. This was a result of the rapid internet access proliferation combined with the telecom boom. The budget phone segment and the affordable data tariff pushed the tier-II and tier-III cities into the fore. Just to put things in perspective, according to recent studies, there are close to 600 million phone users in India with over 300 million smartphone owners, which is just 20 million shy of the population of the United States (as per 2018 records).
Read more >> https://www.ipwatchdog.com/2019/11/16/problem-ipr-infringement-indias-burgeoning-startup-ecosystem/id=116019/
Why Your Startup Company Might Need an International Patent Application; an Attorney's View
By: Michael J Foycik Jr.
Nov 25, 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.
Your startup company has a valuable invention, and you're considering filing a US Patent Application. But, you're wondering whether or not to file an International Patent Application. The answer to that depends on various factors, as follows.
Worried about foreign competitors sending infringing products into US market? Your US patent application can stop them at the border if your file a complaint with the US Customs Service and meet the requirements. So, if your market is strictly the US market, then you might not need an international patent application. That might include a PCT application or an EU application.
Expecting a big success, or have investors expecting a big success? Then you might just need an international patent application. That's because you may be exporting goods into other countries, and would want patent protection in those countries.
When going after international patent protection, there are several ways to go. There is a PCT (Patent Cooperation Treaty) filing, which gives a kind of patent pending status in any designated foreign countries for roughly 30 to 32 months. This will require a national stage patent filing in the designated countries during that pendency.
Then there is an EU (European Union) patent filing, currently similar to the PCT filing. The EU application is changing for the better in the coming year, by including all EU member countries for a single filing. That is expected to represent a great cost savings. Previously, I might not have recommended an EU filing in all cases, but I expect to highly recommend the new EU filing once it is available.
Read more >> http://internationalpatentservice.com/Why-Your-Startup-Company-Might-Need.html
Nov 25, 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.
Your startup company has a valuable invention, and you're considering filing a US Patent Application. But, you're wondering whether or not to file an International Patent Application. The answer to that depends on various factors, as follows.
Worried about foreign competitors sending infringing products into US market? Your US patent application can stop them at the border if your file a complaint with the US Customs Service and meet the requirements. So, if your market is strictly the US market, then you might not need an international patent application. That might include a PCT application or an EU application.
Expecting a big success, or have investors expecting a big success? Then you might just need an international patent application. That's because you may be exporting goods into other countries, and would want patent protection in those countries.
When going after international patent protection, there are several ways to go. There is a PCT (Patent Cooperation Treaty) filing, which gives a kind of patent pending status in any designated foreign countries for roughly 30 to 32 months. This will require a national stage patent filing in the designated countries during that pendency.
Then there is an EU (European Union) patent filing, currently similar to the PCT filing. The EU application is changing for the better in the coming year, by including all EU member countries for a single filing. That is expected to represent a great cost savings. Previously, I might not have recommended an EU filing in all cases, but I expect to highly recommend the new EU filing once it is available.
Read more >> http://internationalpatentservice.com/Why-Your-Startup-Company-Might-Need.html
Drake’s attempt to trademark Canada’s weed warning label hits a stop sign
By: Max A. Cherney
Drake’s attempt to trademark Canada’s warning label for marijuana appears to have failed, but not entirely because Canada owns the rights.
The U.S. Patent and Trademark Office informed the rapper Thursday that his attempt to trademark the symbol, originally reported by MarketWatch earlier this month, is legally rejected. The main reason for rejecting the application, however, was that another company actually has a trademark for the phrase “THC.”
Canada’s rights to the warning label were cited as a reason for the application may be denied for specific products containing marijuana with Tetrahydrocannabinol, commonly referred to as THC, a psychoactive component in cannabis. All the potential uses cited by Drake in his patent application — which focused on most kinds of apparel, such as clothing, shoes and various kinds of hats — were denied because another company has the trademark on the phrase THC.
Read more >> https://www.marketwatch.com/story/drakes-attempt-to-trademark-canadas-weed-warning-label-hits-a-stop-sign-2019-11-23
Drake’s attempt to trademark Canada’s warning label for marijuana appears to have failed, but not entirely because Canada owns the rights.
The U.S. Patent and Trademark Office informed the rapper Thursday that his attempt to trademark the symbol, originally reported by MarketWatch earlier this month, is legally rejected. The main reason for rejecting the application, however, was that another company actually has a trademark for the phrase “THC.”
Canada’s rights to the warning label were cited as a reason for the application may be denied for specific products containing marijuana with Tetrahydrocannabinol, commonly referred to as THC, a psychoactive component in cannabis. All the potential uses cited by Drake in his patent application — which focused on most kinds of apparel, such as clothing, shoes and various kinds of hats — were denied because another company has the trademark on the phrase THC.
Read more >> https://www.marketwatch.com/story/drakes-attempt-to-trademark-canadas-weed-warning-label-hits-a-stop-sign-2019-11-23
How to Make Money from a Patent
By: Michael J Foycik Jr.
Nov.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.
I am often asked how to make money from a patent, and that is an excellent question. There is the commonly known answer, and a lesser known but more important answer. The common answer is, a patent can be licensed or assigned. A license is similar to renting the patent, whereas an assignment is a sale of the patent. A license can be sold to more than one company, for example.
The less commonly known answer, though, is far more important to inventors and businesses. This answer concerns the patent application, which is not issued as a patent but instead is still pending. Thus, it is known to provide “patent pending” status. The question of how to make money from a patent then becomes one of how to make money from a patent pending. This too is done by license or assignment.
Surprisingly, a pending patent application is easier to sell or market, and many companies prefer a pending patent. The reason for this is simple, if considering a company's reasons for obtaining a patent. A company makes the most profits from having a family of related products rather than a single product. A pending patent application give its own the right to file related patent applications for related products, usually through continuation-in-part applications, and so can end up protecting whole families of related products.
Read more >> http://internationalpatentservice.com/How-to-Make-Money-from-a-Patent.html
Nov.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.
I am often asked how to make money from a patent, and that is an excellent question. There is the commonly known answer, and a lesser known but more important answer. The common answer is, a patent can be licensed or assigned. A license is similar to renting the patent, whereas an assignment is a sale of the patent. A license can be sold to more than one company, for example.
The less commonly known answer, though, is far more important to inventors and businesses. This answer concerns the patent application, which is not issued as a patent but instead is still pending. Thus, it is known to provide “patent pending” status. The question of how to make money from a patent then becomes one of how to make money from a patent pending. This too is done by license or assignment.
Surprisingly, a pending patent application is easier to sell or market, and many companies prefer a pending patent. The reason for this is simple, if considering a company's reasons for obtaining a patent. A company makes the most profits from having a family of related products rather than a single product. A pending patent application give its own the right to file related patent applications for related products, usually through continuation-in-part applications, and so can end up protecting whole families of related products.
Read more >> http://internationalpatentservice.com/How-to-Make-Money-from-a-Patent.html
Sony’s PS5 DualShock Controller Revealed In New Patent
By: Paul Tassi
Sony has finally filed its patents for the new PS5 DualShock Controller with the Japanese patent office, giving us our first look at the next generation of hardware.
It looks….pretty much the same.
The new PS5 DualShock does feature a few changes, a USB port, larger triggers and smaller sticks, but at first glance in these outline images, you’d be hard pressed to really see a difference between the two.
Most of the biggest changes to the DualShock are not external, as the overall layout is nearly identical, but rather internal, where Sony is using a new range of haptics that are meant to give more responsive, detailed feedback than ever, from slogging through mud to pulling a bow string. That’s something that isn’t going to be conveyed visually, but overall the design here seems to be “don’t mess with what works,” as has usually been the case with the DualShock over the years.
Read more >> https://www.forbes.com/sites/paultassi/2019/11/18/sonys-ps5-dualshock-controller-revealed-in-new-patent/#304aeade6fdc
Sony has finally filed its patents for the new PS5 DualShock Controller with the Japanese patent office, giving us our first look at the next generation of hardware.
It looks….pretty much the same.
The new PS5 DualShock does feature a few changes, a USB port, larger triggers and smaller sticks, but at first glance in these outline images, you’d be hard pressed to really see a difference between the two.
Most of the biggest changes to the DualShock are not external, as the overall layout is nearly identical, but rather internal, where Sony is using a new range of haptics that are meant to give more responsive, detailed feedback than ever, from slogging through mud to pulling a bow string. That’s something that isn’t going to be conveyed visually, but overall the design here seems to be “don’t mess with what works,” as has usually been the case with the DualShock over the years.
Read more >> https://www.forbes.com/sites/paultassi/2019/11/18/sonys-ps5-dualshock-controller-revealed-in-new-patent/#304aeade6fdc
What is Infringement
By: Michael J Foycik Jr.
Nov.21, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
There are three main types:
> trademark infringement
> patent infringement
> copyright infringement
Trademark Infringement
This occurs when one party uses a trademark that is confusingly close to a trademark owned by another. It is simple to decide in cases where one party has a registered federal trademark and is the senior user.
A federal trademark confers nationwide rights, and can be enforced in federal courts. A non-registered trademark may nonetheless confer common law trademark rights. Common law trademark rights are enforced in state courts.
It can sometimes be that simple, and trials tend to be relatively short. Often, however, the situation is not clear, and sometimes – especially where both trademarks are common law trademarks and are not federally registered - it is hard to determine who is the senior user. In those cases, it can also be hard to tell whether or not the senior user's rights are substantial enough to stop a competitor.
Contact us if you are concerned about any trademark infringement matter, for a free initial consultation. There is no risk or obligation.
Read more >> http://internationalpatentservice.com/What-is-Infringement.html
Nov.21, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
There are three main types:
> trademark infringement
> patent infringement
> copyright infringement
Trademark Infringement
This occurs when one party uses a trademark that is confusingly close to a trademark owned by another. It is simple to decide in cases where one party has a registered federal trademark and is the senior user.
A federal trademark confers nationwide rights, and can be enforced in federal courts. A non-registered trademark may nonetheless confer common law trademark rights. Common law trademark rights are enforced in state courts.
It can sometimes be that simple, and trials tend to be relatively short. Often, however, the situation is not clear, and sometimes – especially where both trademarks are common law trademarks and are not federally registered - it is hard to determine who is the senior user. In those cases, it can also be hard to tell whether or not the senior user's rights are substantial enough to stop a competitor.
Contact us if you are concerned about any trademark infringement matter, for a free initial consultation. There is no risk or obligation.
Read more >> http://internationalpatentservice.com/What-is-Infringement.html
Registering Your Slogan as a Trademark
By: Eric S. Wachspress
Slogans are registrable as trademarks as long as they are not merely informational or a common laudatory phrase or statement that would ordinarily be used in business or in the particular trade or industry. See Section 1209.03(s) of the U.S. Patent & Trademark Office’s Trademark Manual of Examining Procedure. Examples of such laudatory phrases or statements that would ordinarily be used in business and which have been refused registration included THE BEST BEER IN AMERICA, PROUDLY MADE IN USA & WHY PAY MORE!
Slogans are never registrable as copyrights because they contain an insufficient amount of authorship.
A copyright is a form of protection provided by the laws of the United States to the authors of “original works of authorship” that are fixed in a tangible form of expression and protects such works as literary works, computer programs, musical works, pictorial, graphic and sculptural works, motion pictures and sound recordings while a trademark would be any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods or services of one seller or provider from those of others, and to indicate the source of the goods or services.
Read more >> http://www.chicagotrademarkattorney.net/federally-registering-your-slogan-to-protect-it-and-selecting-a-slogan-to-give-your-product-a-strong-brand-identity/
Slogans are registrable as trademarks as long as they are not merely informational or a common laudatory phrase or statement that would ordinarily be used in business or in the particular trade or industry. See Section 1209.03(s) of the U.S. Patent & Trademark Office’s Trademark Manual of Examining Procedure. Examples of such laudatory phrases or statements that would ordinarily be used in business and which have been refused registration included THE BEST BEER IN AMERICA, PROUDLY MADE IN USA & WHY PAY MORE!
Slogans are never registrable as copyrights because they contain an insufficient amount of authorship.
A copyright is a form of protection provided by the laws of the United States to the authors of “original works of authorship” that are fixed in a tangible form of expression and protects such works as literary works, computer programs, musical works, pictorial, graphic and sculptural works, motion pictures and sound recordings while a trademark would be any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods or services of one seller or provider from those of others, and to indicate the source of the goods or services.
Read more >> http://www.chicagotrademarkattorney.net/federally-registering-your-slogan-to-protect-it-and-selecting-a-slogan-to-give-your-product-a-strong-brand-identity/
The AIA And Its Impact On The Independent Inventor
By: Michael J Foycik Jr.
Nov.19, 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 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.
Read more >> http://internationalpatentservice.com/The-Aia-And-Its-Impact-On-The-Independent-Inventor.html
Nov.19, 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 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.
Read more >> http://internationalpatentservice.com/The-Aia-And-Its-Impact-On-The-Independent-Inventor.html
A Quick Guide to Cannabis Patents: What You Need to Know
By: Bill Weinberg
Amid the quick expansion of the legal cannabis market, many cannabis growers and business owners are pushing to secure intellectual property rights for the strains and products they’ve created.
Cannabis patents currently exist in a still-clouded regulatory atmosphere thanks to federal prohibition, but it’s still possible to receive one — and the cannabis industry is certainly rising to the challenge to secure their own rights to continue cultivating strains that have long been part of the genetic and intellectual commons.
In the midst of this push for protecting cannabis intellectual property, there has been a rash of court cases and developments that have changed the foundation of cannabis patents in America. So what does it mean for the average cannabis consumer, who perhaps has heard to be wary of the day a patent-wielding Monsanto enters the cannabis industry?
Read more >> https://cannabisnow.com/a-quick-guide-to-cannabis-patents-what-you-need-to-know/
Amid the quick expansion of the legal cannabis market, many cannabis growers and business owners are pushing to secure intellectual property rights for the strains and products they’ve created.
Cannabis patents currently exist in a still-clouded regulatory atmosphere thanks to federal prohibition, but it’s still possible to receive one — and the cannabis industry is certainly rising to the challenge to secure their own rights to continue cultivating strains that have long been part of the genetic and intellectual commons.
In the midst of this push for protecting cannabis intellectual property, there has been a rash of court cases and developments that have changed the foundation of cannabis patents in America. So what does it mean for the average cannabis consumer, who perhaps has heard to be wary of the day a patent-wielding Monsanto enters the cannabis industry?
Read more >> https://cannabisnow.com/a-quick-guide-to-cannabis-patents-what-you-need-to-know/
Why Trademark
By: Michael J Foycik Jr.
Nov.18, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
WHY TRADEMARK. . .
> to sell a business
> to attract investors
> to stop competitors
> to protect a web site domain name
What you can trademark:
> a word, phrase, or slogan
> a logo or design
Competitors can trade on your good name. Unless, that is, you have strong trademark rights. And what rights are those? The best trademark rights would be based on a federally registered trademark.
If you want to protect your company's web site domain name, you will need to be able to prove trademark rights in the name itself. There is no surer way than ownership of a federally registered trademark, which can usually confer nationwide rights.
There are other trademark rights too: state registrations, and common law trademark rights. Those may be very worthwhile too, but may not have national scope.
Common law rights sometimes require proof of instances of actual confusion, but even then there is a question of proving priority, i.e. who was first.
Read more >> http://internationalpatentservice.com/Why-Trademark.html
Nov.18, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
WHY TRADEMARK. . .
> to sell a business
> to attract investors
> to stop competitors
> to protect a web site domain name
What you can trademark:
> a word, phrase, or slogan
> a logo or design
Competitors can trade on your good name. Unless, that is, you have strong trademark rights. And what rights are those? The best trademark rights would be based on a federally registered trademark.
If you want to protect your company's web site domain name, you will need to be able to prove trademark rights in the name itself. There is no surer way than ownership of a federally registered trademark, which can usually confer nationwide rights.
There are other trademark rights too: state registrations, and common law trademark rights. Those may be very worthwhile too, but may not have national scope.
Common law rights sometimes require proof of instances of actual confusion, but even then there is a question of proving priority, i.e. who was first.
Read more >> http://internationalpatentservice.com/Why-Trademark.html
Polsinelli Launches Seattle IP Team with Four Patent Attorneys
By: Stephanie Russell
Polsinelli has hired four female patent attorneys to launch a Seattle intellectual property team as part of a nationwide push to build its IP practice.
The new team is led by shareholders Emily C. Peyser and Margi Aoki and also includes counsel Katherine D. Lee and associate Jennifer Junkin. The lawyers previously practiced at the Seattle-based IP firm Christensen O’Connor Johnson Kindness.
“I’ve been watching Polsinelli because they have so many women in leadership and have been doing some exciting things around women in IP,” Peyser said. “The opportunity came up to join them and it was a really great platform.”
The firm plans to build the new Seattle IP team around this core group, who bring a wide range of experience in software, mechanical engineering, electrical engineering, chemical engineering and high tech.
Read more >> https://biglawbusiness.com/polsinelli-launches-seattle-ip-team-with-four-patent-attorneys
Polsinelli has hired four female patent attorneys to launch a Seattle intellectual property team as part of a nationwide push to build its IP practice.
The new team is led by shareholders Emily C. Peyser and Margi Aoki and also includes counsel Katherine D. Lee and associate Jennifer Junkin. The lawyers previously practiced at the Seattle-based IP firm Christensen O’Connor Johnson Kindness.
“I’ve been watching Polsinelli because they have so many women in leadership and have been doing some exciting things around women in IP,” Peyser said. “The opportunity came up to join them and it was a really great platform.”
The firm plans to build the new Seattle IP team around this core group, who bring a wide range of experience in software, mechanical engineering, electrical engineering, chemical engineering and high tech.
Read more >> https://biglawbusiness.com/polsinelli-launches-seattle-ip-team-with-four-patent-attorneys
Do I Need A Patent?
By: Michael J Foycik Jr.
Nov.13, 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.
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
Nov.13, 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.
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 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/
Steps For Getting A Patent
By: Michael J Foycik Jr.
Nov. 10, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Steps For Getting a Patent
These are the basic steps for getting a patent.
First, file a patent application which describes and claims the invention.
Then, respond to any official actions received from the U.S. Patent Office. If the official action is a rejection, then a response will provide arguments in support of patentability and possibly changes to the claims.
Assuming the application is deemed patentable (the majority are), then a Notice of Allowance and Issue Fee Due is sent. Upon payment of the issue fee, a patent will issue.
It is that simple. This whole process can take anywhere from 12 months to 36 months, depending entirely on the U.S. Patent Examiner to which the application is officially assigned.
A more detailed explanation is as follows.
Preparing the patent application
First, you provide details about the invention, and we prepare a draft application together with draft drawings, for your review. This draft includes the claims, abstract, summary of the invention, background of the invention, and detailed description of the invention. We make any changes or additions you wish to make, at no additional charge. We charge half of the fixed service fee in advance for this draft.
Read more >> http://internationalpatentservice.com/steps-for-getting-a-patent.html
Nov. 10, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Steps For Getting a Patent
These are the basic steps for getting a patent.
First, file a patent application which describes and claims the invention.
Then, respond to any official actions received from the U.S. Patent Office. If the official action is a rejection, then a response will provide arguments in support of patentability and possibly changes to the claims.
Assuming the application is deemed patentable (the majority are), then a Notice of Allowance and Issue Fee Due is sent. Upon payment of the issue fee, a patent will issue.
It is that simple. This whole process can take anywhere from 12 months to 36 months, depending entirely on the U.S. Patent Examiner to which the application is officially assigned.
A more detailed explanation is as follows.
Preparing the patent application
First, you provide details about the invention, and we prepare a draft application together with draft drawings, for your review. This draft includes the claims, abstract, summary of the invention, background of the invention, and detailed description of the invention. We make any changes or additions you wish to make, at no additional charge. We charge half of the fixed service fee in advance for this draft.
Read more >> http://internationalpatentservice.com/steps-for-getting-a-patent.html
What You Should Know about Intellectual Property
By: Steve Cartwright
Modern technology has made it so much easier to get your materials out there. You can share ideas and pictures with the whole world and use it to make money. But just as it’s easier to share, it’s also easier to steal. That’s why it’s important to know the laws and protect yourself.
Before we talk about the laws behind intellectual property, we should probably talk about what intellectual property is. Intellectual property is anything that comes out of your head, whether it be an idea, writing, art, or a picture.
Just because someone can reproduce what you make doesn’t mean it’s legal for them to do so. Intellectual property can usually be divided into four categories: patents, trademarks, copyrights, and trade secrets.
While you’re likely heard all these terms, here’s a quick breakdown of exactly what they mean.
* Copyright. This protects items that are produced by the imagination, but are tangible, like books and songs. To be protected, you must apply for a copyright, which requires you to fill out forms, pay a fee, and provide a copy.
Read more >> https://website-designs.com/website-design/what-you-should-know-about-intellectual-property/
Modern technology has made it so much easier to get your materials out there. You can share ideas and pictures with the whole world and use it to make money. But just as it’s easier to share, it’s also easier to steal. That’s why it’s important to know the laws and protect yourself.
Before we talk about the laws behind intellectual property, we should probably talk about what intellectual property is. Intellectual property is anything that comes out of your head, whether it be an idea, writing, art, or a picture.
Just because someone can reproduce what you make doesn’t mean it’s legal for them to do so. Intellectual property can usually be divided into four categories: patents, trademarks, copyrights, and trade secrets.
While you’re likely heard all these terms, here’s a quick breakdown of exactly what they mean.
* Copyright. This protects items that are produced by the imagination, but are tangible, like books and songs. To be protected, you must apply for a copyright, which requires you to fill out forms, pay a fee, and provide a copy.
Read more >> https://website-designs.com/website-design/what-you-should-know-about-intellectual-property/
How to Get a Patent
By: Michael J Foycik Jr.
Nov. 5, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
How to Get a Patent
How to get a Patent? That’s a good question! The short and long answers are below.
The short answer is : In the US, file a US Utility Patent Application, or a US Design Patent Application. Note that a US Provisional Patent Application does not become a US Patent, but does give “patent pending” status.
And, do you need a US Patent Attorney? Yes and No. In theory, a patent application can be filed by the inventor. Due to the great number of legal technicalities and chances of losing rights by use of poor legal language or by failing to add the right legal language, most authorities believe it is by far the best course of action to have a US Patent Attorney prepare the patent application. Some very experienced inventors might prepare their own patent applications, although that is not common.
The longer answer is:
These are the basic steps for how to get a patent. For a Utility Patent, the goal is to get broad claims allowed by the US Patent Office, and which become part of an Issued Patent. The claims define the scope of what is legally protected by the issued patent.
The inventor should write a description of the invention, and make sketches or drawings which can show the invention. The description and drawings do not have to be very detailed, as long as they clearly explain what the inventor believes is new.
Read more >> http://internationalpatentservice.com/how-to-get-a-patent.html
Nov. 5, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
How to Get a Patent
How to get a Patent? That’s a good question! The short and long answers are below.
The short answer is : In the US, file a US Utility Patent Application, or a US Design Patent Application. Note that a US Provisional Patent Application does not become a US Patent, but does give “patent pending” status.
And, do you need a US Patent Attorney? Yes and No. In theory, a patent application can be filed by the inventor. Due to the great number of legal technicalities and chances of losing rights by use of poor legal language or by failing to add the right legal language, most authorities believe it is by far the best course of action to have a US Patent Attorney prepare the patent application. Some very experienced inventors might prepare their own patent applications, although that is not common.
The longer answer is:
These are the basic steps for how to get a patent. For a Utility Patent, the goal is to get broad claims allowed by the US Patent Office, and which become part of an Issued Patent. The claims define the scope of what is legally protected by the issued patent.
The inventor should write a description of the invention, and make sketches or drawings which can show the invention. The description and drawings do not have to be very detailed, as long as they clearly explain what the inventor believes is new.
Read more >> http://internationalpatentservice.com/how-to-get-a-patent.html
Why Is Every Startup A Bank These Days?
By: Alex Wilhelm, Natasha Mascarenhas
Nov. 3, 2019
Neo banks (a fancy term to describe upstart digital banks working on everything from savings and checking accounts to mobile debit cards) focus on bringing banking services to users both underbanked and not.
But, notably, it’s not just startups that started off life looking to build a neo bank who are building out banking-like services. In fact, so many startups are racing to offer banking tools that an early outline of this piece had to be amended to break the examples into several sections for the sake of bucketing and clarity.
In the coming weeks, we’ll explore more deeply why the startup banking gold-rush is under way. Today we’ll lay out the players and talk over the broad strokes of what’s going on.
Recent News
News broke earlier this month that Chime, a well-known startup that we’ve covered before, is in the process of raising new capital at what Axios pegged as a “valuation north of $5 billion.” The news wasn’t too surprising. Chime has been on a tear lately, raising a $200 million round this March, and $70 million the preceding May.
Read more >> https://news.crunchbase.com/news/why-is-every-startup-a-bank-these-days/
Nov. 3, 2019
Neo banks (a fancy term to describe upstart digital banks working on everything from savings and checking accounts to mobile debit cards) focus on bringing banking services to users both underbanked and not.
But, notably, it’s not just startups that started off life looking to build a neo bank who are building out banking-like services. In fact, so many startups are racing to offer banking tools that an early outline of this piece had to be amended to break the examples into several sections for the sake of bucketing and clarity.
In the coming weeks, we’ll explore more deeply why the startup banking gold-rush is under way. Today we’ll lay out the players and talk over the broad strokes of what’s going on.
Recent News
News broke earlier this month that Chime, a well-known startup that we’ve covered before, is in the process of raising new capital at what Axios pegged as a “valuation north of $5 billion.” The news wasn’t too surprising. Chime has been on a tear lately, raising a $200 million round this March, and $70 million the preceding May.
Read more >> https://news.crunchbase.com/news/why-is-every-startup-a-bank-these-days/
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