Unpatentable - No Problem! Tips To Protect Your Idea Anyway

By: Michael J Foycik Jr.
January 28, 2020
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.

So your new idea might not be patentable. Don't let that stop you! Here's some tips on what to do when your invention is not patentable.

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

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

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

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

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

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

Intellectual property rights explained

By: Charlie Wilson

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

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

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

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

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

Quick And Easy Steps To Get Your Patent Application On File

By: Michael J Foycik Jr.
January 23, 2020
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.

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

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

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

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

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

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

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

IP Strategy 101: What Startups Need to Know

By: Ken Seddon

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

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

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

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

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

By: Michael J Foycik Jr.
January 19, 2020
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.

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

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

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

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

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

By: Mzee Kobe

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

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

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

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

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

Claims In A Patent Application - What You Should Know

By: Michael J Foycik Jr.
January 13, 2020
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.

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

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

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

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

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

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

By: Jace 

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

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

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

Responding to a Rejection in a Patent Application

By: Michael J Foycik Jr.
January 12, 2020
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.

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

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

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

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

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

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

Basics of Intellectual Property Law in Nigeria

By: David Adamgbo

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

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

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

Patents

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

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

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

What Is Patentable?

By: Michael J Foycik Jr.
January 20, 2020
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.

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

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

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

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

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

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

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

By: William Dean

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

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

Financially fit?

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

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

Patent Mistakes Commonly Made By DIY Inventors

By: Michael J Foycik Jr.
January 9, 2020
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.

There are some very common mistakes made by do-it-yourself (DIY) inventors when it comes to patenting. There are two main patent types, Provisional Patent Applications (PPAs) and Utility Patent Applications.

The worst mistake: trying to hide the invention. This happens when inventors recite all the advantages and benefits, but do not show enough structure to support those functions. The rejection that occurs in those situations is an “insufficient disclosure” rejection, and it is a serious matter in the patent world.

Drawings: color drawings are a mistake. Only black-and-white line drawings are accepted, except under relatively rare conditions such as a biological micrograph.

Also a mistake: drawings without proper margins of one inch at the top and left, 5/8 inch on the right, and 3/8 at the bottom.

Another mistake is failing to show enough features in the drawings. Many inventors seem to think one or two good drawings are enough. Many times it is necessary to have cross sections shown, enlarged detail views, and diagrams showing a change in position or condition. Also, front views of mechanical systems are often not enough. Other views may well be necessary: side, rear, bottom, perspective, and assembly drawings all find good use in patent drawings.

Read more >> http://internationalpatentservice.com/Patent-Mistakes-Commonly-Made.html

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

By: Bisola Scott

INTRODUCTION

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

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

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

A Patent Attorney Talks About Investing

By: Michael J Foycik Jr.
January 6, 2020
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.

It happens often enough – patent attorneys talk with investors for many purposes.  Sometimes it is to consider the value of a patent, other times it is simply because the investor is backing a particular client or has a question about litigation. 

So what happens when the investor wants to talk with the patent attorney about investing?  Well, interesting stuff.  Here are a few samples that may help you evaluate an investment opportunity like a professional.

Let's say there is a technical field of special interest.  For example, let's say you're familiar with greeting cards, or jewelry, or party planning.  Suppose there are companies capable of leading those fields, still virtually unknown to the mainstream business investor.  You can locate companies leading those fields using patents as your guide. 

Why so?  That's easy!  So many reasons!  Let's start with one: patents cost real money.  Any company that believes in its new product enough to spend money, may well be worth a look.  

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

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

By: Julia Justusson

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

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

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