By: perfectp
Governments across the world have been trying to promote trade and business right from their inception, but, later on, they realized that there should be a framework that can connect the intellectual creativities and trade directly, thereby, protecting the interests of intellectuals or authors/creators. The goal was to reward those people who invest considerable resources to invent or create something that serves the society as a whole. The protection can be offered in the form of patents, trademarks, copyrights, geographical indications, trade-dresses, industrial designs etc. Let’s learn about the nitty-gritty of Trade Related Intellectual Property Rights (TRIPs).
However, the major breakthrough was achieved at the Uruguay Round of meeting of the World Trade Organization (WTO) extending from 1986 to 1994. This Agreement was negotiated as part of the eighth round of multilateral trade negotiations in the period 1986-94 under General Agreement on Tariffs and Trade (GATT). This is the time when TRIPS came into existence.
What are Trade Related Intellectual Property Rights (TRIPs)?
TRIPS (Trade Related Intellectual Property Rights) thus are a set of standards that provide legal protection for patents, trademarks, and copyrights. All countries that are party and signatory to this agreement will have to respect the rules put-forth by this agreement. To materialize this, members were advised to make adequate amendments in their domestic IP laws to incorporate TRIPS rules. For example, as per the TRIPS, all countries will grant protection rights to patents for a period of 20 years which varied greatly among member countries before this.
Outcome of TRIPS
> All countries (party to this agreement) should grant ‘patents’ for inventions in all fields of technology provided they meet all patentability criteria.
> The tenure for the patent grant should be for a period of 20 years and should be counted from the date of priority date.
> All member countries are required to grant copyright protection to literary and artistic works automatically without needing them to register or make any such formality.
> Copyright terms should extend for at least 50 years unless based on the life of the author.
In each state, intellectual property laws may not offer any benefits to local citizens which are not available to citizens of other TRIPS signatories under the principle of national treatment (with certain limited exceptions).
> Computer programs ought to be treated as “literary works” under copyright law and should receive the same terms of protection.
> All concerned parties need to protect the legitimate interests of third parties taking into account the patent rights.
Controversies in TRIPS
The main controversy that lies in the TRIPS agreement is about paving the level of the field because there is a huge gap between the technological advancements in developed and developing countries and thus stringent IP laws can hinder their progress. To address these issues developing countries were granted some transitional period to switch them completely to TRIPS.
Another contentious issue was about providing life-saving drugs to poor countries in Africa and some developing countries. Many countries have criticized TRIPS on the grounds that it imposes various costs on developing countries such as more expensive drugs, agricultural inputs, and foreign-owned technologies and have requested exemptions in life-saving drugs.
While developed countries are concerned about the unfair use of compulsory licensing by developing countries that discourage innovation. However, the consensus has been built to provide compulsory licensing only to those drugs that are life-saving.
Read More >> http://perfectpatentdocketing.com/trade-related-intellectual-property-rights-trips/
Why Trademark
By: Michael J Foycik Jr.
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
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.
This brings us to federal trademark rights. In advertising, you may see a trademark followed by the symbol “R” in a circle. That indicates that the trademark is federally registered. A trademark followed by the symbol “TM” indicates that the owner wishes to claim common law trademark rights, or has other trademark rights.
A good trademark can help any business, and a successful one also attracts investors and can help when selling your business. Without a trademark, there is often nothing of value to sell.
Considering a trademark?
A trademark search is strongly recommended. Skill is required in interpreting the results, since even identical trademarks can be registered if they are in sufficiently different classes of goods/services.
Read More >> http://internationalpatentservice.com/Why-Trademark.html
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.
This brings us to federal trademark rights. In advertising, you may see a trademark followed by the symbol “R” in a circle. That indicates that the trademark is federally registered. A trademark followed by the symbol “TM” indicates that the owner wishes to claim common law trademark rights, or has other trademark rights.
A good trademark can help any business, and a successful one also attracts investors and can help when selling your business. Without a trademark, there is often nothing of value to sell.
Considering a trademark?
A trademark search is strongly recommended. Skill is required in interpreting the results, since even identical trademarks can be registered if they are in sufficiently different classes of goods/services.
Read More >> http://internationalpatentservice.com/Why-Trademark.html
APIs, Patents In Banks’ Sights Amid Race For Speed, Services
By: PYMNTS
The movement of banks to join FinTech firms and stanch the disruption of their business models — decades and centuries old— has been well-documented. As banks embrace technology in ways that are both novel and, perhaps, permanent, observers have noted that the shift toward APIs is gaining momentum.
A recent report that bowed via Citi underscores that thesis, as Global Market Manager of the bank’s Channel Services division, Rene Schuurman, wrote that 87 percent of banks have a clear API strategy in place. That strategy is helping transform B2B commerce, amid other corridors of transactions. The shift also comes as sandboxes are proving to be effective avenues by which the companies and their FinTech partners are able to test those same APIs before live deployment.
The Citi research also shows that, amid those initiatives, the FinTech investment space notched $200 million in just one June week, which comes even as deal volume swelled last year. Even despite the uncertainties of Brexit, the U.K. has seen a quadrupling of deals to $3.4 billion last year.
In an interview with PYMNTS, in tandem with the latest B2B API Tracker, Schuurman said the overarching theme is “you build something, take it apart and build something new.” The banks, said Schuurman, are adopting a DIY approach and want to speed up the API pace. The API approach for Schuurman’s own bank is one where Citi can sidestep sending “big email attachments” as APIs are developed.
In light of the movement toward a faster API development pace, it is perhaps no surprise that Barclays was reported, last week, to have filed two patent applications in the U.S. One is geared toward consumers registering for crypto accounts, the other is for know your customer (KYC) processes. The Barclays activity, of course, follows news that American Express filed a patent of its own, which would focus on blockchain proof-of-payment technology.
Turning back to activity beyond U.S. shores, London-based startup TrueLayer, which offers a developer platform that helps FinTech firms access bank APIs, has gained $7.5 million in financing, and comes on the heels of $3 million garnered last year. The efforts dovetail with PSD2 and Open Banking.
In an interview, the TrueLayer’s Co-founder Francesco Simoneschi said, “The first quarters of 2018 have been about working and educating companies on Open Banking and how to build propositions on top of it. This has seen a silent, yet massive, stream of inbound demand for us. To put things in context, we grew 500 percent in terms of the developer community averaging hundreds of companies a month asking how to start using TrueLayer and the services that we enable — from two people in a garage to the largest enterprise.”
Separately, also in Europe, FinLeap — which is noted by Crowdfund Insider as the FinTech behind the German bank solarisBank — is working with Fabrick, the Italian Open Banking platform that will launch a new financial management startup focusing on small businesses. The firms will simplify accounting, tax and other services for the smallest of firms in the region. The startup is to be named Beesy, the companies said earlier this week.
In Asia, specifically in Singapore, the lender UOB has made its second FinTech investment this year. The company has both invested in and partnered with Personetics, an Israeli firm, with an eye on artificial intelligence (AI). As reported by finews.asia, the Singaporean firm wants to gain insight into transaction volume, with an eye on Southeast Asia. Terms of the deal were not disclosed.
Source >> https://www.pymnts.com/api/2018/citi-patents-fintech-investments-blockchain/
The movement of banks to join FinTech firms and stanch the disruption of their business models — decades and centuries old— has been well-documented. As banks embrace technology in ways that are both novel and, perhaps, permanent, observers have noted that the shift toward APIs is gaining momentum.
A recent report that bowed via Citi underscores that thesis, as Global Market Manager of the bank’s Channel Services division, Rene Schuurman, wrote that 87 percent of banks have a clear API strategy in place. That strategy is helping transform B2B commerce, amid other corridors of transactions. The shift also comes as sandboxes are proving to be effective avenues by which the companies and their FinTech partners are able to test those same APIs before live deployment.
The Citi research also shows that, amid those initiatives, the FinTech investment space notched $200 million in just one June week, which comes even as deal volume swelled last year. Even despite the uncertainties of Brexit, the U.K. has seen a quadrupling of deals to $3.4 billion last year.
In an interview with PYMNTS, in tandem with the latest B2B API Tracker, Schuurman said the overarching theme is “you build something, take it apart and build something new.” The banks, said Schuurman, are adopting a DIY approach and want to speed up the API pace. The API approach for Schuurman’s own bank is one where Citi can sidestep sending “big email attachments” as APIs are developed.
In light of the movement toward a faster API development pace, it is perhaps no surprise that Barclays was reported, last week, to have filed two patent applications in the U.S. One is geared toward consumers registering for crypto accounts, the other is for know your customer (KYC) processes. The Barclays activity, of course, follows news that American Express filed a patent of its own, which would focus on blockchain proof-of-payment technology.
Turning back to activity beyond U.S. shores, London-based startup TrueLayer, which offers a developer platform that helps FinTech firms access bank APIs, has gained $7.5 million in financing, and comes on the heels of $3 million garnered last year. The efforts dovetail with PSD2 and Open Banking.
In an interview, the TrueLayer’s Co-founder Francesco Simoneschi said, “The first quarters of 2018 have been about working and educating companies on Open Banking and how to build propositions on top of it. This has seen a silent, yet massive, stream of inbound demand for us. To put things in context, we grew 500 percent in terms of the developer community averaging hundreds of companies a month asking how to start using TrueLayer and the services that we enable — from two people in a garage to the largest enterprise.”
Separately, also in Europe, FinLeap — which is noted by Crowdfund Insider as the FinTech behind the German bank solarisBank — is working with Fabrick, the Italian Open Banking platform that will launch a new financial management startup focusing on small businesses. The firms will simplify accounting, tax and other services for the smallest of firms in the region. The startup is to be named Beesy, the companies said earlier this week.
In Asia, specifically in Singapore, the lender UOB has made its second FinTech investment this year. The company has both invested in and partnered with Personetics, an Israeli firm, with an eye on artificial intelligence (AI). As reported by finews.asia, the Singaporean firm wants to gain insight into transaction volume, with an eye on Southeast Asia. Terms of the deal were not disclosed.
Source >> https://www.pymnts.com/api/2018/citi-patents-fintech-investments-blockchain/
How to Patent an Idea
By: Michael J Foycik Jr.
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
How to patent an idea? There are several good approaches, as follows. Easiest: file a Provisional patent application ("PPA"). Advantages: low cost, low government fee, few formalities, true "patent pending" status, priority rights for any later-filed utility or PCT applications filed within one year. No examination occurs.
How to file a Provisional patent application (PPA): service fee is relatively low and very affordable; call or email for a quote for a specific invention idea.
Next up: file a Design patent application. Yes, it protects just the appearance of the inventive product or design, but costs much less than a utility patent application, has lower government filing fees, and often has better chances of success with the US Patent Office. Call or email for a price quote for a specific inventive idea, there is no charge or obligation.
Or, get a utility patent application on your idea. The Utility patent application is sometimes referred to as a regular application. It costs about three or four times what a provisional application costs, but should still be relatively affordable. It does require formal drawings, and will be examined by the patent office, possibly requiring a response. The chances of success are unpredictable, and vary depending on the invention itself and the specific examiner who examines it for the US Patent Office. Call for a price quote for a specific inventive idea, there is no risk or obligation.
Read More >> http://internationalpatentservice.com/How-to-Patent-an-Idea.html
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 patent an idea? There are several good approaches, as follows. Easiest: file a Provisional patent application ("PPA"). Advantages: low cost, low government fee, few formalities, true "patent pending" status, priority rights for any later-filed utility or PCT applications filed within one year. No examination occurs.
How to file a Provisional patent application (PPA): service fee is relatively low and very affordable; call or email for a quote for a specific invention idea.
Next up: file a Design patent application. Yes, it protects just the appearance of the inventive product or design, but costs much less than a utility patent application, has lower government filing fees, and often has better chances of success with the US Patent Office. Call or email for a price quote for a specific inventive idea, there is no charge or obligation.
Or, get a utility patent application on your idea. The Utility patent application is sometimes referred to as a regular application. It costs about three or four times what a provisional application costs, but should still be relatively affordable. It does require formal drawings, and will be examined by the patent office, possibly requiring a response. The chances of success are unpredictable, and vary depending on the invention itself and the specific examiner who examines it for the US Patent Office. Call for a price quote for a specific inventive idea, there is no risk or obligation.
Read More >> http://internationalpatentservice.com/How-to-Patent-an-Idea.html
Why You Need to Patent That Idea for Your Startup
By: Tyler McIntyre
It all starts with an idea. In a Startups for Dummies book, that would be the first step. It is true that not all ideas are potential million-dollar ideas, but when they are and when well-executed, they have the potential to change not only one’s life, but also the lives of millions of others. The conception of that idea is the beginning of a journey, much like the conception of a baby. Once the baby is birthed, or a prototype is finished, it must be protected and nourished to become successful. After executing on an idea and turning it into a product, it is imperative that it is patented. But why?
If the baby has the potential to revolutionize how something is done, everyone would want it. This revolutionary baby must be secured from the opportunist hands of other wannabe entrepreneurs itching for a breakthrough, wanting to kidnap the baby. Patenting the product is like naming the baby and claiming ownership over it. Without a patent, anyone can take the baby. The entrepreneur, as a parent to this baby, has obviously poured his heart and soul into it since its conception. What better way to ensure that his sacrifices were not in vain than to patent his baby. With that being said, there are also other reasons why patenting a newfound invention is so important to the success of a startup.
Ensures That Effort, Consistency, and Execution Are Not in Vain
Spending countless nights without sleep, depriving oneself of meals at regular intervals, maxing out credit cards, and asking for money from friends and parents can be arduous and compromising when first working on an idea (the baby). The baby is still growing in the womb at this point. Nick Woodman, CEO of GoPro, was a fantastic parent figure when it came to nourishing his baby: the first GoPro camera with a wrist strap. Unsurprisingly, he patented his baby once it was born.
Woodman was relentless in his pursuit for success in the startup world. He was at the helm of two failed startups, however, undeterred and with an insatiable desire to leave his mark of success in the startup world, he refused to give up. He was not in a dark corner in his parents’ basement brainstorming new ideas to bring to life when he conceived his revolutionary baby; he was actually surfing in Australia when his baby was conceived.
Woodman realized that surfers could not easily take exciting pictures of themselves riding the waves unless they hired professional photographers. This realization led to the idea of a wrist straps holding disposable cameras, which could be placed on people’s arms. People could be hiking, surfing, skateboarding, practicing almost any sport, while simultaneously taking memorable pictures of themselves enjoying their activity. This was a niche that he knew he had dibs on if he put in the effort to make his idea a reality.
Working 18 hours in one stretch, borrowing about a quarter of a million dollars from his parents, finishing the wrist straps using his mother’s sewing machine, and entering and exiting through a door to a side yard to go “number one” right next to his desk to preserve precious time, Woodman was bent on getting his idea solidified into a prototype. Really bent. He even wore a CamelBak to avoid meandering with his friends en route to the kitchen, which was also far from his desk. Once he finished his prototype wrist strap, it was time to find the camera: a Chinese-made 35-millimeter.
Read More >> https://medium.com/@tmcpro/why-you-need-to-patent-that-idea-for-your-startup-3cdc9dc3e933
It all starts with an idea. In a Startups for Dummies book, that would be the first step. It is true that not all ideas are potential million-dollar ideas, but when they are and when well-executed, they have the potential to change not only one’s life, but also the lives of millions of others. The conception of that idea is the beginning of a journey, much like the conception of a baby. Once the baby is birthed, or a prototype is finished, it must be protected and nourished to become successful. After executing on an idea and turning it into a product, it is imperative that it is patented. But why?
If the baby has the potential to revolutionize how something is done, everyone would want it. This revolutionary baby must be secured from the opportunist hands of other wannabe entrepreneurs itching for a breakthrough, wanting to kidnap the baby. Patenting the product is like naming the baby and claiming ownership over it. Without a patent, anyone can take the baby. The entrepreneur, as a parent to this baby, has obviously poured his heart and soul into it since its conception. What better way to ensure that his sacrifices were not in vain than to patent his baby. With that being said, there are also other reasons why patenting a newfound invention is so important to the success of a startup.
Ensures That Effort, Consistency, and Execution Are Not in Vain
Spending countless nights without sleep, depriving oneself of meals at regular intervals, maxing out credit cards, and asking for money from friends and parents can be arduous and compromising when first working on an idea (the baby). The baby is still growing in the womb at this point. Nick Woodman, CEO of GoPro, was a fantastic parent figure when it came to nourishing his baby: the first GoPro camera with a wrist strap. Unsurprisingly, he patented his baby once it was born.
Woodman was relentless in his pursuit for success in the startup world. He was at the helm of two failed startups, however, undeterred and with an insatiable desire to leave his mark of success in the startup world, he refused to give up. He was not in a dark corner in his parents’ basement brainstorming new ideas to bring to life when he conceived his revolutionary baby; he was actually surfing in Australia when his baby was conceived.
Woodman realized that surfers could not easily take exciting pictures of themselves riding the waves unless they hired professional photographers. This realization led to the idea of a wrist straps holding disposable cameras, which could be placed on people’s arms. People could be hiking, surfing, skateboarding, practicing almost any sport, while simultaneously taking memorable pictures of themselves enjoying their activity. This was a niche that he knew he had dibs on if he put in the effort to make his idea a reality.
Working 18 hours in one stretch, borrowing about a quarter of a million dollars from his parents, finishing the wrist straps using his mother’s sewing machine, and entering and exiting through a door to a side yard to go “number one” right next to his desk to preserve precious time, Woodman was bent on getting his idea solidified into a prototype. Really bent. He even wore a CamelBak to avoid meandering with his friends en route to the kitchen, which was also far from his desk. Once he finished his prototype wrist strap, it was time to find the camera: a Chinese-made 35-millimeter.
Read More >> https://medium.com/@tmcpro/why-you-need-to-patent-that-idea-for-your-startup-3cdc9dc3e933
Ways To Make Money From Your Patent
By: Michael J Foycik Jr.
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Ways To Make Money From Your Patent
Here are some ways inventors can make money from their patents. These come directly from actual successes of actual inventors, as told by the inventors themselves in published interviews.
It is important to realize that every invention is different, with different markets. And, different inventions tend to attract different types of investors. Focus on what makes your invention different, and the rest will be easier.
The Licensing Approach - Accumulating Licensees
There are several approaches to gaining licensees. The following is one of the most successful approaches, where there are a number of different infringers. Where there is only one infringer, it may be necessary to threaten litigation, but that only works if the infringer believes you have the resources to do it.
First: identify which companies, products or services may be infringing your patent. Make a list, and try to estimate the sales of each one.
Then, line up the infringers by the estimated amount of infringing sales. Send demand letters to the smallest infringers, asking relatively small royalties. It would not be unreasonable to offer petty infringers royalty rates of 2%, or in some cases even a 0% royalty; all conditioned upon sales being below a certain limit.
As you accumulate more and more licensees, you will approach larger and larger infringers. The more licensees you have, the easier it is to sign on bigger companies as licensees. And, you can ask form somewhat larger royalty amounts. Having ten licensees, for example, is a persuasive factor to a company you approach for royalties, when that company is deciding whether or not to risk being sued for infringement. By this time, the royalty demands should be in the 6% to 9% range.
The largest infringers are saved for last. For those companies, seeing your list of licensees suggests you will have substantial reserves in case of litigation. It is much easier, by this point, to persuade them to pay the higher royalties in the range of 10% to 18%.
Market Your Invention the Easy Way – Consignment Sales
If you are able to make products embodying the invention, it makes sense to make small batches of those products. Many stores will carry the products, if you offer them on consignment.
So, what is a consignment sale? This occurs when you offer the goods to a retailer for a period of time, say one week, and at the end of the period the retailer either returns the items or pays a percentage of the selling price for each one sold.
A reasonable rate is 25% for the first batch. If the retailer sells out, then they will want more, in which case it is likely you can get 50% of the selling price for that batch. If sales are very good, then higher percentages are attainable, up to a maximum of about 75% in many cases.
Why try this method? Well, it is profitable, and if one retailer is selling, others will want the product too. And, it attracts the attention of large companies, who have been known to offer substantial sums of money (in the millions of dollars) for the rights.
Read More >> http://internationalpatentservice.com/Ways-To-Make-Money-From-Your-Patent.html
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.
Ways To Make Money From Your Patent
Here are some ways inventors can make money from their patents. These come directly from actual successes of actual inventors, as told by the inventors themselves in published interviews.
It is important to realize that every invention is different, with different markets. And, different inventions tend to attract different types of investors. Focus on what makes your invention different, and the rest will be easier.
The Licensing Approach - Accumulating Licensees
There are several approaches to gaining licensees. The following is one of the most successful approaches, where there are a number of different infringers. Where there is only one infringer, it may be necessary to threaten litigation, but that only works if the infringer believes you have the resources to do it.
First: identify which companies, products or services may be infringing your patent. Make a list, and try to estimate the sales of each one.
Then, line up the infringers by the estimated amount of infringing sales. Send demand letters to the smallest infringers, asking relatively small royalties. It would not be unreasonable to offer petty infringers royalty rates of 2%, or in some cases even a 0% royalty; all conditioned upon sales being below a certain limit.
As you accumulate more and more licensees, you will approach larger and larger infringers. The more licensees you have, the easier it is to sign on bigger companies as licensees. And, you can ask form somewhat larger royalty amounts. Having ten licensees, for example, is a persuasive factor to a company you approach for royalties, when that company is deciding whether or not to risk being sued for infringement. By this time, the royalty demands should be in the 6% to 9% range.
The largest infringers are saved for last. For those companies, seeing your list of licensees suggests you will have substantial reserves in case of litigation. It is much easier, by this point, to persuade them to pay the higher royalties in the range of 10% to 18%.
Market Your Invention the Easy Way – Consignment Sales
If you are able to make products embodying the invention, it makes sense to make small batches of those products. Many stores will carry the products, if you offer them on consignment.
So, what is a consignment sale? This occurs when you offer the goods to a retailer for a period of time, say one week, and at the end of the period the retailer either returns the items or pays a percentage of the selling price for each one sold.
A reasonable rate is 25% for the first batch. If the retailer sells out, then they will want more, in which case it is likely you can get 50% of the selling price for that batch. If sales are very good, then higher percentages are attainable, up to a maximum of about 75% in many cases.
Why try this method? Well, it is profitable, and if one retailer is selling, others will want the product too. And, it attracts the attention of large companies, who have been known to offer substantial sums of money (in the millions of dollars) for the rights.
Read More >> http://internationalpatentservice.com/Ways-To-Make-Money-From-Your-Patent.html
Intellectual Property: Difference Between Trademarks, Copyrights, and Patents
By: Sam Mollaei
Considering the complexity of intellectual property law, it is understandable that many individuals like artists, authors, bloggers, journalist, etc. are likely to confuse the terms Patent, Copyright, and Trademark. Often you may hear them speak of “patenting a book” or “copywriting a new gadget”. These are legal terms that are on occasion confused by a lot of people. In this post, you will get to know the difference between:
>> Patent
>> Copyright
>> Trademark
So what is Intellectual Property?
Intellectual property is the ownership of tangible and non-physical goods. Since intellectual property is intangible, then it becomes a lot more difficult to protect it as compared to other kinds of property.
A simpler definition of intellectual property is something that is created by an individual’s or professional’s mind. However, intellectual property does not protect the bare ideas; rather it is basically the expression or the symbolic power/recognizability of the ideas that have been protected.
The intellectual property, in this case, is the design of a car that is patented. But not the idea of the car itself. It can be the painting of a beautiful house that is copyrighted but not the idea of the house. The intellectual property is the consumer recognizable logo that has been trademarked but not the idea of the logo. Therefore, the intellectual property only protects how we can express and identify ideas in concrete ways. But not the idea itself.
What is a Trademark?
A trademark is a device, a symbol, a name that is used in trade with goods to indicate the source of the particular product or service that will distinguish it from the goods and services of others. The trademark rights that are offered to a company may be used to prevent other businesses from making the same goods or rather from selling the same goods or services under a clearly different mark.
The trademarks protect any symbol that shows or indicates the source of the origin. While the trademark of a particular company may be very important to the owner of the company, its ultimate purpose is to protect the consumer, by informing them about the origin of the product.
What is Copyright?
The copyright can protect the specific creative expression of an idea that can be through any medium of artistic or creative expression. Examples can be paintings, writings, sculptures, photographs, software, etc. It is generally a form of protection that is offered to the authors of original works of the authorship.
The law gives the original owner the right to reproduce the copyrighted work; that can be both published and unpublished. The copyright will protect the form of expression rather than the subject matter of the writing.
That is why the description of a car can be copyrighted. But this, however, will not stop others from writing a description of their own or from making and using the car. Copyrights are usually registered by the copyright office of the Library of Congress.
What is a Patent?
A patent for a specific invention is the grant of a property right to the individual inventor that is usually issued by the Patent and Trademark Office. The patents purpose is to protect the functional expressions of the idea and not the idea itself.
A machine’s method, composition, and manufacture may all be patented. Therefore, an engineer can patent the design of a nozzle on a spacecraft or the method used in making the spacecraft, etc. However, you cannot patent the broad idea of the spacecraft.
To be specific, the right that is conferred by the patent grant is the language of the statute and the grant itself. This is the right that excludes others from making, using, offering for sale, or selling the invention in the United States.
What You Need to Know
You need to note that each of the categories is distinct. A product may at times fall into one or more of the categories. A good example is of a software that is covered by both the patent and copyright. Where the copyright will protect the artistic expression of the idea, this is the code itself. While the patent would protect the functional expression of the idea of the software.
Therefore, before you set out to copyright, trademark or patent anything, make sure you get legal advice from a qualified lawyer. He/she will assist you in processing your product or services within the illustrated categories.
Choosing whether to get your work/ invention/creation patented, copyrighted or trademarked can be quite a tedious task. Especially if you do not know how to distinguish one from another. Therefore, the motive of today’s post was to make it clear in the mind of readers what each one of the different methods of safeguarding various types of intellectual properties means and how they are different from each other.
Read More >> https://invoicebus.com/blog/intellectual-property-trademarks-copyrights-patents/?ref=quuu
Considering the complexity of intellectual property law, it is understandable that many individuals like artists, authors, bloggers, journalist, etc. are likely to confuse the terms Patent, Copyright, and Trademark. Often you may hear them speak of “patenting a book” or “copywriting a new gadget”. These are legal terms that are on occasion confused by a lot of people. In this post, you will get to know the difference between:
>> Patent
>> Copyright
>> Trademark
So what is Intellectual Property?
Intellectual property is the ownership of tangible and non-physical goods. Since intellectual property is intangible, then it becomes a lot more difficult to protect it as compared to other kinds of property.
A simpler definition of intellectual property is something that is created by an individual’s or professional’s mind. However, intellectual property does not protect the bare ideas; rather it is basically the expression or the symbolic power/recognizability of the ideas that have been protected.
The intellectual property, in this case, is the design of a car that is patented. But not the idea of the car itself. It can be the painting of a beautiful house that is copyrighted but not the idea of the house. The intellectual property is the consumer recognizable logo that has been trademarked but not the idea of the logo. Therefore, the intellectual property only protects how we can express and identify ideas in concrete ways. But not the idea itself.
What is a Trademark?
A trademark is a device, a symbol, a name that is used in trade with goods to indicate the source of the particular product or service that will distinguish it from the goods and services of others. The trademark rights that are offered to a company may be used to prevent other businesses from making the same goods or rather from selling the same goods or services under a clearly different mark.
The trademarks protect any symbol that shows or indicates the source of the origin. While the trademark of a particular company may be very important to the owner of the company, its ultimate purpose is to protect the consumer, by informing them about the origin of the product.
What is Copyright?
The copyright can protect the specific creative expression of an idea that can be through any medium of artistic or creative expression. Examples can be paintings, writings, sculptures, photographs, software, etc. It is generally a form of protection that is offered to the authors of original works of the authorship.
The law gives the original owner the right to reproduce the copyrighted work; that can be both published and unpublished. The copyright will protect the form of expression rather than the subject matter of the writing.
That is why the description of a car can be copyrighted. But this, however, will not stop others from writing a description of their own or from making and using the car. Copyrights are usually registered by the copyright office of the Library of Congress.
What is a Patent?
A patent for a specific invention is the grant of a property right to the individual inventor that is usually issued by the Patent and Trademark Office. The patents purpose is to protect the functional expressions of the idea and not the idea itself.
A machine’s method, composition, and manufacture may all be patented. Therefore, an engineer can patent the design of a nozzle on a spacecraft or the method used in making the spacecraft, etc. However, you cannot patent the broad idea of the spacecraft.
To be specific, the right that is conferred by the patent grant is the language of the statute and the grant itself. This is the right that excludes others from making, using, offering for sale, or selling the invention in the United States.
What You Need to Know
You need to note that each of the categories is distinct. A product may at times fall into one or more of the categories. A good example is of a software that is covered by both the patent and copyright. Where the copyright will protect the artistic expression of the idea, this is the code itself. While the patent would protect the functional expression of the idea of the software.
Therefore, before you set out to copyright, trademark or patent anything, make sure you get legal advice from a qualified lawyer. He/she will assist you in processing your product or services within the illustrated categories.
Choosing whether to get your work/ invention/creation patented, copyrighted or trademarked can be quite a tedious task. Especially if you do not know how to distinguish one from another. Therefore, the motive of today’s post was to make it clear in the mind of readers what each one of the different methods of safeguarding various types of intellectual properties means and how they are different from each other.
Read More >> https://invoicebus.com/blog/intellectual-property-trademarks-copyrights-patents/?ref=quuu
How to Get a Patent
By: Michael J Foycik Jr.
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
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.
If working with a US Patent Attorney or US Patent Lawyer, something which is highly recommended, this information may be enough to start. The US Patent Attorney will then draft a more detailed version of the invention in the format required by the US Patent Office, referred to below as the USPTO (which is short for US Patent and Trademark Office).
What will the US Patent Attorney add to help the invention? Good question! The US Patent Attorney will provide the correct wording for various elements, and will provide a set of claims to set forth the legal rights proposed for the invention. Proper drafting of the specification and claims requires good knowledge of current laws and legal case decisions. It should include proper use of “means for” language which may need to be present in the claims and specification, and must be properly supported by an explanation of equivalent structures or functional elements. The US Patent Attorney can provide additional language to encompass or add features which would be known to anyone having skill in the art, in order to broaden the scope of the resulting claims.
The US Patent Attorney will send the draft application to the inventor for changes and additions. This draft application may go back and forth more than once, until the Inventor is satisfied with the draft application. At that point, the draft application is filed with the USPTO by the US Patent Attorney together with the necessary transmittal forms and legal forms.
Read More >> http://internationalpatentservice.com/how-to-get-a-patent.html
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.
If working with a US Patent Attorney or US Patent Lawyer, something which is highly recommended, this information may be enough to start. The US Patent Attorney will then draft a more detailed version of the invention in the format required by the US Patent Office, referred to below as the USPTO (which is short for US Patent and Trademark Office).
What will the US Patent Attorney add to help the invention? Good question! The US Patent Attorney will provide the correct wording for various elements, and will provide a set of claims to set forth the legal rights proposed for the invention. Proper drafting of the specification and claims requires good knowledge of current laws and legal case decisions. It should include proper use of “means for” language which may need to be present in the claims and specification, and must be properly supported by an explanation of equivalent structures or functional elements. The US Patent Attorney can provide additional language to encompass or add features which would be known to anyone having skill in the art, in order to broaden the scope of the resulting claims.
The US Patent Attorney will send the draft application to the inventor for changes and additions. This draft application may go back and forth more than once, until the Inventor is satisfied with the draft application. At that point, the draft application is filed with the USPTO by the US Patent Attorney together with the necessary transmittal forms and legal forms.
Read More >> http://internationalpatentservice.com/how-to-get-a-patent.html
Generating Alpha with Trademark and Patent Data
By: Val Stepanova
“Find your unfair advantage, then build out from there.” This is one of the more valuable pieces of advice Tev Kofsky has ever received. These unfair advantages can be found in recognizing your unique experiences, skill sets, or networks and applying them. Co-founder of IPqwery, Tev Kofsky’s unfair advantage was his perspective. While building a Chrome extension with patent data and Trademark data, he was able to look at data through a unique lens, and think through how to repurpose data for different markets.
Fresh out of school, Tev built his first product. While working with various law firms, he created a “search and watch” software.
This product allowed attorneys to research opportunities and protect their client from infringing on Intellectual Property.
Tev later realized that law firms weren’t the only ones who needed easy access to patent and trademark data. Corporations also needed access as to this information.
“Corporations can learn the direction of competitors and can identify an upcoming sector by looking through trademark or patent filings,” Tev explained. “Sifting through this data is also an incredible way to spur new ideas and pinpoint a potential acquisition.”
Tev and the team consisting of Mitch Schwartz, Bryan Haley, Frédérik Lacharité, Tev, as well as a few programmers were determined to bring patent data and trademark data to the masses.
Finding a Target Audience for Patent Data and Trademark Data
IPqwery was formed to become a patent data and trademark data provider not only for the traditional use case (law firms), but also for corporations, venture firms, and platforms looking to enrich their data.
When looking for ways to repurpose their data even further, IPqwery’s team started focusing on hedge funds and their new interest in “alternative data.”
Hedge funds were searching for means to identify data outside of typical performance metrics to help them with investment decisions.
IPqwery helps hedge funds to “gain alpha” by creating insights into upcoming technologies by aggregating patent data and trademark data, while also analyzing their own portfolios to see if they should begin diversifying their investments.
Read More >> https://about.crunchbase.com/blog/trademark-data-patent-data-research/
“Find your unfair advantage, then build out from there.” This is one of the more valuable pieces of advice Tev Kofsky has ever received. These unfair advantages can be found in recognizing your unique experiences, skill sets, or networks and applying them. Co-founder of IPqwery, Tev Kofsky’s unfair advantage was his perspective. While building a Chrome extension with patent data and Trademark data, he was able to look at data through a unique lens, and think through how to repurpose data for different markets.
Fresh out of school, Tev built his first product. While working with various law firms, he created a “search and watch” software.
This product allowed attorneys to research opportunities and protect their client from infringing on Intellectual Property.
Tev later realized that law firms weren’t the only ones who needed easy access to patent and trademark data. Corporations also needed access as to this information.
“Corporations can learn the direction of competitors and can identify an upcoming sector by looking through trademark or patent filings,” Tev explained. “Sifting through this data is also an incredible way to spur new ideas and pinpoint a potential acquisition.”
Tev and the team consisting of Mitch Schwartz, Bryan Haley, Frédérik Lacharité, Tev, as well as a few programmers were determined to bring patent data and trademark data to the masses.
Finding a Target Audience for Patent Data and Trademark Data
IPqwery was formed to become a patent data and trademark data provider not only for the traditional use case (law firms), but also for corporations, venture firms, and platforms looking to enrich their data.
When looking for ways to repurpose their data even further, IPqwery’s team started focusing on hedge funds and their new interest in “alternative data.”
Hedge funds were searching for means to identify data outside of typical performance metrics to help them with investment decisions.
IPqwery helps hedge funds to “gain alpha” by creating insights into upcoming technologies by aggregating patent data and trademark data, while also analyzing their own portfolios to see if they should begin diversifying their investments.
Read More >> https://about.crunchbase.com/blog/trademark-data-patent-data-research/
How Much Does A Patent Cost?
By: Michael J Foycik Jr.
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
How much does a patent cost?
We try to keep your costs as low as possible, and as affordable as possible. We provide flat fee estimates in advance, at no charge to you.
In the simplest cases, where the invention is easy to describe or show in a few figures of drawing, patent application can be prepared for as little as $1800, with a government filing fee of $540 for a small entity (this cost is slightly less for electronic filing).
The formal drawings, if needed, can usually be obtained for less than $150 per sheet. One sheet might have several figures on it, depending on the complexity of the invention, thus saving money.
If the patent application is granted, the government charges an issue fee of $755 and publication fee of $300. A service charge of $80 is added for attending to preparing and filing the Issue Fee Transmittal.
The U.S. Patent Office examines the patent application and finds any relevant prior art. If the prior art is sufficiently close, they will make a rejection. A response can be filed, usually at a cover of $350 to $450. Every case is different; some are allowed without needing such an amendment or response. In some cases, a further response is necessary or desirable, and the cost is normally somewhat less than $350.
This type of rejection is fairly normal. To attempt to overcome such a rejection, the response can be filed which changes the claims to avoid the prior art, and/or presents arguments to distinguish the invention in the patent application from the prior art.
Sometimes such a rejection can be overcome by a telephone call to the patent examiner; in those cases the cost is at the hourly rate of $100. Such calls are usually short and to the point, especially if the call is to authorize an examiner's amendment which will result in allowance of the application.
Opinion: Insurtech Start-Ups Can Do More to Win Government Cash
By: InsuranceEdgeEditor
Insurtech is the buzzword in the insurance industry right now, with dozens of UK start-ups all trying out new ideas and often hungry for investment cash. But what can they do to increase their chances of getting off the launch pad? Is there anything companies can do to get more government help?
Definitely, says Luke Hamm, CEO of GovGrant
It’s taken a while but it seems that the UK insurance industry has well and truly caught the Insurtech bug. For years, analysts, the media and consultants have been championing the benefits of innovation to drive the change necessary to deliver the products and services that the modern consumer demands.
And it appears that those messages have been taken on board with the money following quickly behind. According to Accenture, the first half of 2017 saw £218m invested in UK Insurtech which was a huge leap on the measly £7.3m the year before with deal making increasing by 75% in the same period.
Companies such as Brolly, Cuvva and Nimbla are good examples of successful UK startups, embracing the Insurtech spirit. But as investment continues to pour in, so the number of startups focused on the disruption of the UK market will increase.
To date, it is this external investment that has grabbed the headlines and understandably so, for the best ideas in the world will get nowhere without the necessary capital to make it a reality. But what many existing and nascent organisations may not be aware of is that there are Government incentives to get businesses like theirs off the ground and growing.
Back in 2000, the Government introduced Research and Development (R&D) Tax Credits to encourage greater R&D spending, in turn leading to greater investment in innovation. They work by either reducing a company’s liability to corporation tax or by making a payment to the company if it is loss-making.
According to Government statistics from 2015-16, nearly £3bn has been claimed back by UK companies and while it appears knowledge of the scheme is growing (a 20% increase on the previous year), the scale of adoption is till not what the Government would like.
Indeed, in his 2017 Spring Budget speech, Chancellor Philip Hammond bemoaned the lack of take-up of the scheme and my experience of working in this space, backs that sentiment up. At GovGrant, we assist businesses, including InsurTech, to maximise the funding opportunities through innovation tax incentives when they are investing in R&D and Intellectual Property. We come across too many companies that are completely unaware of what is available and even when they are aware, they may think it doesn’t apply to them or that it’s just too difficult to secure.
Read More >> https://insurance-edge.net/2018/07/15/opinion-insurtech-start-ups-can-do-more-to-win-government-cash/
Insurtech is the buzzword in the insurance industry right now, with dozens of UK start-ups all trying out new ideas and often hungry for investment cash. But what can they do to increase their chances of getting off the launch pad? Is there anything companies can do to get more government help?
Definitely, says Luke Hamm, CEO of GovGrant
It’s taken a while but it seems that the UK insurance industry has well and truly caught the Insurtech bug. For years, analysts, the media and consultants have been championing the benefits of innovation to drive the change necessary to deliver the products and services that the modern consumer demands.
And it appears that those messages have been taken on board with the money following quickly behind. According to Accenture, the first half of 2017 saw £218m invested in UK Insurtech which was a huge leap on the measly £7.3m the year before with deal making increasing by 75% in the same period.
Companies such as Brolly, Cuvva and Nimbla are good examples of successful UK startups, embracing the Insurtech spirit. But as investment continues to pour in, so the number of startups focused on the disruption of the UK market will increase.
To date, it is this external investment that has grabbed the headlines and understandably so, for the best ideas in the world will get nowhere without the necessary capital to make it a reality. But what many existing and nascent organisations may not be aware of is that there are Government incentives to get businesses like theirs off the ground and growing.
Back in 2000, the Government introduced Research and Development (R&D) Tax Credits to encourage greater R&D spending, in turn leading to greater investment in innovation. They work by either reducing a company’s liability to corporation tax or by making a payment to the company if it is loss-making.
According to Government statistics from 2015-16, nearly £3bn has been claimed back by UK companies and while it appears knowledge of the scheme is growing (a 20% increase on the previous year), the scale of adoption is till not what the Government would like.
Indeed, in his 2017 Spring Budget speech, Chancellor Philip Hammond bemoaned the lack of take-up of the scheme and my experience of working in this space, backs that sentiment up. At GovGrant, we assist businesses, including InsurTech, to maximise the funding opportunities through innovation tax incentives when they are investing in R&D and Intellectual Property. We come across too many companies that are completely unaware of what is available and even when they are aware, they may think it doesn’t apply to them or that it’s just too difficult to secure.
Read More >> https://insurance-edge.net/2018/07/15/opinion-insurtech-start-ups-can-do-more-to-win-government-cash/
US & USPTO Patent - General Information
By: Michael J Foycik Jr.
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
US & USPTO PATENT GENERAL INFORMATION
Introduction
The US law provides for patent and trademark protection. The administrative agencies responsible for this are the US Patent Office and the US Trademark Office, which are combined and called the US Patent and Trademark Office, abbreviated as USPTO. In the following, the abbreviation USPTO will be used throughout.
Preparing a patent application
A US Patent Lawyer, also called a US Patent Attorney, normally prepares a US Patent Application for filing with the USPTO. The US Patent Lawyer works with the inventor to draft a specification having a description of the invention, including drawings when possible. The draft is then studied by the inventor, and changes are made if necessary. When the draft is accepted by the inventor, the inventor signs a form called a Declaration, claiming inventorship of the application. Once it is filed, it receives a Serial Number and an Official Filing Receipt, and thus becomes an official US Patent Application.
At some point in this process, it is advisable but not necessary to perform a US patent search. The US patent search can find prior art patents that show the extent of the closest prior art, and whether the invention has been patented at an earlier time. If an expired patent is discovered which is very close to the invention, then that expired patent can confer a “right to use” that invention. If a pending US Patent covers the invention, and has claims which are sufficiently broad to cover the invention, then it is possible that infringement would occur. It is important to know if a new product might infringe an existing unexpired US Patent. If no patent exists which covers the invention, then it is possible that the invention can be patented. As noted above, it is not necessary to conduct a patent search prior to filing a new patent application.
The Role of the USPTO in Examining the Patent Application
The US Patent Application is examined in due course by a patent examiner. The US patent examiner will be an expert in the particular art in which the invention resides. The US patent examiner will search the prior art patent literature, and will make a search report and send it to the inventor along with a first Office Action on the merits.
If an invention is finally rejected, that rejection can be appealed. In that case, it is taken up for review by a board of appellate examiners. Each appellate examiner is likely to be a USPTO Patent Attorney or USPTO Patent Lawyer. If the appeal is refused, it can be taken further to a US District Court, in which case the USPTO is represented by the Solicitor’s Office. In that case, the Solicitor in Court will be a USPTO Patent Lawyer or USPTO Patent Attorney. Such higher appeals are not frequent, but are more likely to occur when the invention is particularly valuable.
The Role of the US Patent Attorney in the Examination Process
The US Patent Attorney or US Patent Lawyer considers the Office Actions received from the USPTO, and transmit’s the Office Action to the inventor along with any advice or comments on how to respond. The US Patent Attorney or US Patent Lawyer then responds to the Office Action, usually by providing legal arguments in support of patentability.
If the Office Action is a Notice of Allowance, then the response by the US Patent Attorney or US Patent Lawyer simply transmits the Issue Fee Due along with a transmittal form required by the USPTO.
During this time, the inventor may be commercializing the invention. In this case, a successful invention might be licensed or assigned, or distribution agreements may be made. In all these cases, the US Patent Attorney or US Patent Lawyer performs an important role in making sure these agreements serve the interests of the inventor.
The Role of the US Patent Attorney or US Patent Lawyer after the Patent is Issued
Once the patent issues, it can be enforced against competitors. In that case, the US Patent Attorney or US Patent Lawyer normally first sends a warning letter to the infringing competitor. If the infringement continues and no licensing agreement or assignment agreement is reached, then a lawsuit can be filed by the US Patent Attorney or US Patent Lawyer in a US District Court or in a state court.
The filing of a lawsuit, and the defense of such a lawsuit, are usually referred to as US Patent Litigation, or simply Patent Litigation. Such lawsuits can be short or long, and many businesses with successful products consider it commercially economical to conduct Patent Litigation to protect their rights.
Foreign Entities
Foreign entities must be represented by an attorney or lawyer, in order to obtain a patent or trademark, and in order to maintain a lawsuit in the US. In a Trademark case, the US Patent Attorney or US Patent Lawyer can be appointed as the Domestic Representative of the foreign entity.
Preparing a Trademark Application
A US Trademark Lawyer, also called a US Trademark Attorney, normally prepares a US Trademark Application for filing with the USPTO. The US Trademark Lawyer works with the applicant to draft an application having a description of the goods/services together with a drawing showing the trademark. The draft is then studied by the applicant, and changes are made if necessary. When the draft is accepted by the applicant, the applicant signs a form called a Declaration, claiming ownership of the application. Once it is filed, it receives a Serial Number and an Official Filing Receipt, and thus becomes an official US Trademark Application.
Read More >> http://internationalpatentservice.com/US-USPTO-Patent.html
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
US & USPTO PATENT GENERAL INFORMATION
Introduction
The US law provides for patent and trademark protection. The administrative agencies responsible for this are the US Patent Office and the US Trademark Office, which are combined and called the US Patent and Trademark Office, abbreviated as USPTO. In the following, the abbreviation USPTO will be used throughout.
Preparing a patent application
A US Patent Lawyer, also called a US Patent Attorney, normally prepares a US Patent Application for filing with the USPTO. The US Patent Lawyer works with the inventor to draft a specification having a description of the invention, including drawings when possible. The draft is then studied by the inventor, and changes are made if necessary. When the draft is accepted by the inventor, the inventor signs a form called a Declaration, claiming inventorship of the application. Once it is filed, it receives a Serial Number and an Official Filing Receipt, and thus becomes an official US Patent Application.
At some point in this process, it is advisable but not necessary to perform a US patent search. The US patent search can find prior art patents that show the extent of the closest prior art, and whether the invention has been patented at an earlier time. If an expired patent is discovered which is very close to the invention, then that expired patent can confer a “right to use” that invention. If a pending US Patent covers the invention, and has claims which are sufficiently broad to cover the invention, then it is possible that infringement would occur. It is important to know if a new product might infringe an existing unexpired US Patent. If no patent exists which covers the invention, then it is possible that the invention can be patented. As noted above, it is not necessary to conduct a patent search prior to filing a new patent application.
The Role of the USPTO in Examining the Patent Application
The US Patent Application is examined in due course by a patent examiner. The US patent examiner will be an expert in the particular art in which the invention resides. The US patent examiner will search the prior art patent literature, and will make a search report and send it to the inventor along with a first Office Action on the merits.
If an invention is finally rejected, that rejection can be appealed. In that case, it is taken up for review by a board of appellate examiners. Each appellate examiner is likely to be a USPTO Patent Attorney or USPTO Patent Lawyer. If the appeal is refused, it can be taken further to a US District Court, in which case the USPTO is represented by the Solicitor’s Office. In that case, the Solicitor in Court will be a USPTO Patent Lawyer or USPTO Patent Attorney. Such higher appeals are not frequent, but are more likely to occur when the invention is particularly valuable.
The Role of the US Patent Attorney in the Examination Process
The US Patent Attorney or US Patent Lawyer considers the Office Actions received from the USPTO, and transmit’s the Office Action to the inventor along with any advice or comments on how to respond. The US Patent Attorney or US Patent Lawyer then responds to the Office Action, usually by providing legal arguments in support of patentability.
If the Office Action is a Notice of Allowance, then the response by the US Patent Attorney or US Patent Lawyer simply transmits the Issue Fee Due along with a transmittal form required by the USPTO.
During this time, the inventor may be commercializing the invention. In this case, a successful invention might be licensed or assigned, or distribution agreements may be made. In all these cases, the US Patent Attorney or US Patent Lawyer performs an important role in making sure these agreements serve the interests of the inventor.
The Role of the US Patent Attorney or US Patent Lawyer after the Patent is Issued
Once the patent issues, it can be enforced against competitors. In that case, the US Patent Attorney or US Patent Lawyer normally first sends a warning letter to the infringing competitor. If the infringement continues and no licensing agreement or assignment agreement is reached, then a lawsuit can be filed by the US Patent Attorney or US Patent Lawyer in a US District Court or in a state court.
The filing of a lawsuit, and the defense of such a lawsuit, are usually referred to as US Patent Litigation, or simply Patent Litigation. Such lawsuits can be short or long, and many businesses with successful products consider it commercially economical to conduct Patent Litigation to protect their rights.
Foreign Entities
Foreign entities must be represented by an attorney or lawyer, in order to obtain a patent or trademark, and in order to maintain a lawsuit in the US. In a Trademark case, the US Patent Attorney or US Patent Lawyer can be appointed as the Domestic Representative of the foreign entity.
Preparing a Trademark Application
A US Trademark Lawyer, also called a US Trademark Attorney, normally prepares a US Trademark Application for filing with the USPTO. The US Trademark Lawyer works with the applicant to draft an application having a description of the goods/services together with a drawing showing the trademark. The draft is then studied by the applicant, and changes are made if necessary. When the draft is accepted by the applicant, the applicant signs a form called a Declaration, claiming ownership of the application. Once it is filed, it receives a Serial Number and an Official Filing Receipt, and thus becomes an official US Trademark Application.
Read More >> http://internationalpatentservice.com/US-USPTO-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.”
Also, it is important to note that the one-year “grace period” to file a patent application is not available in most countries outside of the United States. If you plan to seek patent protection abroad, publicizing your invention at any time before filing a patent application could put your foreign intellectual property rights in jeopardy. Therefore, file early and keep quiet until you do.
File again as the invention evolves
As your startup continues to develop its product or products, consider each new feature as a possibility for patent protection. Startups that file one early patent application and stop may find that, once the patent issues, the product has moved far beyond what was in the original patent application. The product may end up being under-protected or not even covered by the patent at all.
It is important to reevaluate patent protection on a regular basis and consider filing on new features of the invention when applicable. If the product is evolving quickly, consider filing a provisional patent application or a series of provisional patent applications within a year before filing a utility patent application.
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.”
Also, it is important to note that the one-year “grace period” to file a patent application is not available in most countries outside of the United States. If you plan to seek patent protection abroad, publicizing your invention at any time before filing a patent application could put your foreign intellectual property rights in jeopardy. Therefore, file early and keep quiet until you do.
File again as the invention evolves
As your startup continues to develop its product or products, consider each new feature as a possibility for patent protection. Startups that file one early patent application and stop may find that, once the patent issues, the product has moved far beyond what was in the original patent application. The product may end up being under-protected or not even covered by the patent at all.
It is important to reevaluate patent protection on a regular basis and consider filing on new features of the invention when applicable. If the product is evolving quickly, consider filing a provisional patent application or a series of provisional patent applications within a year before filing a utility patent application.
Read More >> https://techcrunch.com/2016/10/31/intellectual-property-strategies-for-startups/
How to Patent a Design
By: Michael J Foycik Jr.
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
A design
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.
A design is anything which is not functional. A casing or cover for a working device can be a design. Other things can be designs too. A design can best be protected by a design patent application, and usually costs much less to file than a utility (“regular“) patent application. Even the government filing fee is much lower for a design patent application.
What is needed to get a design patent application? You will normally need drawings showing the design from six different orthogonal views. The application itself is very short, and has text naming the invention, describing the drawings, and ending with a claim. The drawings do not need to be like blueprints; instead, they are simplified. And, it is not necessary to have a working model.
Once filed with the US Patent Office, the design application is examined, and if granted, can mature into a design patent. But why get a design patent? For one thing, a design patent protects not only the design itself, but all obvious variations that are not within the public domain already.
By contrast, a copyright only covers copies made, which must be exact copies. And, a copyright does not cover any design, even if identical, which was not copied. So, if two inventors both make the same exact design by sheer chance, and one inventor gets a copyright, that copyright would not be usable against the other inventor. The reason is, a copyright only covers copying.
A design patent covers any design that is sufficiently close so as to infringe, even if there was no copying. A design patent is therefore valuable, yet different from a copyright.
Before getting into the details, we would like to mention that there is also something called a “provisional patent application” discussed hereunder. It gives patent pending status for one year, permitting a utility patent application to be filed at any time during that year. That is another way to get a patent. The provisional application is much less expensive than a utility patent application, and can be recommended when there is an urgent need to get a patent application on file with the US Patent Office. For example, just prior to a trade show or publication of the invention, there is an urgent need to have the idea on file with the US Patent Office. For further information, see the section below called “How to patent using a provisional patent application.”
Standard text is then added including sections titled: background of the invention; summary of the invention; brief description of the drawings; and an abstract of the disclosure. These are not usually hard to do for a design patent application.
Then, a Declaration is prepared showing the name of the inventor and title of the invention. This is from a standard form provided by the US Patent Office.
Last, a cover page including a Transmittal sheet is prepared, listing what is being filed with the US Patent Office. The Transmittal page normally will include a check for the amount of the US government filing fee, and a postcard filing receipt. The check can be omitted, as can the signed Declaration, but in that case the US Patent Office will send a notice asking for those items along with a relatively small late fee.
The drawings may or may not be accepted as filed. If not accepted, the US Patent Office sends a notice, and sets a time period for submitting the formal drawings. A specially skilled draftsman normally prepares the formal drawings, since the US Patent Office has very specific and detailed requirements for the drawings. We work with such a skilled patent draftsman, to provide the formal drawings.
The application is examined by the US Patent Office. If granted, the application matures into a design patent. A granted design patent can be enforced in court, and it can be assigned and licensed too.
If you call or email us, we would be happy to discuss your invention or idea. There is no charge for discussing how to patent your idea or invention. Sometimes we can provide an insight into how to manufacture or market the invention, based on our experiences.
Read More >> http://internationalpatentservice.com/How-to-Patent-a-Design.html
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
A design
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.
A design is anything which is not functional. A casing or cover for a working device can be a design. Other things can be designs too. A design can best be protected by a design patent application, and usually costs much less to file than a utility (“regular“) patent application. Even the government filing fee is much lower for a design patent application.
What is needed to get a design patent application? You will normally need drawings showing the design from six different orthogonal views. The application itself is very short, and has text naming the invention, describing the drawings, and ending with a claim. The drawings do not need to be like blueprints; instead, they are simplified. And, it is not necessary to have a working model.
Once filed with the US Patent Office, the design application is examined, and if granted, can mature into a design patent. But why get a design patent? For one thing, a design patent protects not only the design itself, but all obvious variations that are not within the public domain already.
By contrast, a copyright only covers copies made, which must be exact copies. And, a copyright does not cover any design, even if identical, which was not copied. So, if two inventors both make the same exact design by sheer chance, and one inventor gets a copyright, that copyright would not be usable against the other inventor. The reason is, a copyright only covers copying.
A design patent covers any design that is sufficiently close so as to infringe, even if there was no copying. A design patent is therefore valuable, yet different from a copyright.
Before getting into the details, we would like to mention that there is also something called a “provisional patent application” discussed hereunder. It gives patent pending status for one year, permitting a utility patent application to be filed at any time during that year. That is another way to get a patent. The provisional application is much less expensive than a utility patent application, and can be recommended when there is an urgent need to get a patent application on file with the US Patent Office. For example, just prior to a trade show or publication of the invention, there is an urgent need to have the idea on file with the US Patent Office. For further information, see the section below called “How to patent using a provisional patent application.”
Standard text is then added including sections titled: background of the invention; summary of the invention; brief description of the drawings; and an abstract of the disclosure. These are not usually hard to do for a design patent application.
Then, a Declaration is prepared showing the name of the inventor and title of the invention. This is from a standard form provided by the US Patent Office.
Last, a cover page including a Transmittal sheet is prepared, listing what is being filed with the US Patent Office. The Transmittal page normally will include a check for the amount of the US government filing fee, and a postcard filing receipt. The check can be omitted, as can the signed Declaration, but in that case the US Patent Office will send a notice asking for those items along with a relatively small late fee.
The drawings may or may not be accepted as filed. If not accepted, the US Patent Office sends a notice, and sets a time period for submitting the formal drawings. A specially skilled draftsman normally prepares the formal drawings, since the US Patent Office has very specific and detailed requirements for the drawings. We work with such a skilled patent draftsman, to provide the formal drawings.
The application is examined by the US Patent Office. If granted, the application matures into a design patent. A granted design patent can be enforced in court, and it can be assigned and licensed too.
If you call or email us, we would be happy to discuss your invention or idea. There is no charge for discussing how to patent your idea or invention. Sometimes we can provide an insight into how to manufacture or market the invention, based on our experiences.
Read More >> http://internationalpatentservice.com/How-to-Patent-a-Design.html
What Cannabis Entrepreneurs Need To Know About Intellectual Property
By: Larry Sandell
Marijuana industry leaders stay busy developing business plans, building brands, inventing technologies, creating supply chains, cultivating new strains, hiring employees, securing funding, and obtaining licenses. But it is essential for cannabis entrepreneurs to understand intellectual property (IP) rights and the benefits they can provide—and, perhaps most importantly, the potential problems that may occur when IP rights are ignored or overlooked for too long.
Because of ongoing federal cannabis prohibition, businesses in this space face additional IP challenges that don’t exist in other industries. This article will give you a quick sense of what you need to know in order to protect your rights.
Fundamentally, the law gives IP owners the right to exclude. Effectively acquired IP rights can give cannabis entrepreneurs the legal footing to prevent competitors from ripping off their brands, their technologies, their designs, and their secrets. In the cannabis space, where the law excluded so many for so long, it may seem untoward to engage in exclusionary practices, but IP is a very different animal than prohibition. As the cannabis industry continues to grow and established companies enter the market, early-acquired IP rights will prove indispensable. Beyond offering market protections and a competitive edge, IP rights can be licensed to generate additional recurring revenue, help attract investment, and enhance valuation for exits.
Without a clear understanding of the myriad types of IP protection available—and the benefits, potential pitfalls, and resource requirements of each—many entrepreneurs view obtaining effective IP protection as a daunting task. And unless an experienced IP attorney is retained, they are not wrong. Nonetheless, IP rights should be considered early and often in any business venture, especially in a nascent industry like this one. Those who procrastinate this critical business task risk permanently forfeiting rights, and may sometimes find IP roadblocks placed in their path by competitors who beat them in a race to the U.S. Patent and Trademark Office (USPTO) that they didn’t even know they were competing in.
IP rights vary widely, but are best understood by first considering which aspects of your budding cannabis business that you want to protect—namely: your brand, your technology, your cannabis strains, your designs, or your business secrets.
Protecting Your Brand:
Trademarks identify the source of a product or service, and serve to protect the goodwill and market recognition that a business has developed. Most commonly, a trademark is embodied in the name of a product, service, or business, its logo, or a slogan. Trademarks do not have a set expiration date, but generally remain enforceable so long as they are being used in commerce. However, to maximize rights (and avoid getting sued), it is important to search to make sure your proposed brand is “clear” prior to using it in commerce and, once in use, to effectively control your brand in the marketplace.
Federally Registered Trademarks provide the strongest protection for your brand, and enable you to enforce your trademarks anywhere in the United States. Registration requires both legal “use in commerce” and a lack of “confusingly similar” trademarks in your business area. If you aren’t using your trademark in commerce yet, but intend to do so, an “Intent to Use” (“ITU”) application can preserve your rights until you actually begin legal commercial activity. Federally registered marks are denoted by the ® symbol. Having an experienced trademark attorney file an application on your behalf typically costs $1,000-$1,500, and can help you maximize protections and avoid pitfalls.
Because marijuana is still federally illegal, the requirement for legal “use in commerce” presents a unique challenge for cannabis entrepreneurs seeking federal trademark protection. There are two proven strategies. First, you can trademark around the edges: While federal trademarks on cannabis, itself, may be unavailable, trademarks for most ancillary products and services can be obtained. For example, federal trademark registration is available for products and services supporting consumption and cultivation, and for sales of legal medical herbs.
Read More >> https://www.marijuanamoment.net/what-cannabis-entrepreneurs-need-to-know-about-intellectual-property/
Marijuana industry leaders stay busy developing business plans, building brands, inventing technologies, creating supply chains, cultivating new strains, hiring employees, securing funding, and obtaining licenses. But it is essential for cannabis entrepreneurs to understand intellectual property (IP) rights and the benefits they can provide—and, perhaps most importantly, the potential problems that may occur when IP rights are ignored or overlooked for too long.
Because of ongoing federal cannabis prohibition, businesses in this space face additional IP challenges that don’t exist in other industries. This article will give you a quick sense of what you need to know in order to protect your rights.
Fundamentally, the law gives IP owners the right to exclude. Effectively acquired IP rights can give cannabis entrepreneurs the legal footing to prevent competitors from ripping off their brands, their technologies, their designs, and their secrets. In the cannabis space, where the law excluded so many for so long, it may seem untoward to engage in exclusionary practices, but IP is a very different animal than prohibition. As the cannabis industry continues to grow and established companies enter the market, early-acquired IP rights will prove indispensable. Beyond offering market protections and a competitive edge, IP rights can be licensed to generate additional recurring revenue, help attract investment, and enhance valuation for exits.
Without a clear understanding of the myriad types of IP protection available—and the benefits, potential pitfalls, and resource requirements of each—many entrepreneurs view obtaining effective IP protection as a daunting task. And unless an experienced IP attorney is retained, they are not wrong. Nonetheless, IP rights should be considered early and often in any business venture, especially in a nascent industry like this one. Those who procrastinate this critical business task risk permanently forfeiting rights, and may sometimes find IP roadblocks placed in their path by competitors who beat them in a race to the U.S. Patent and Trademark Office (USPTO) that they didn’t even know they were competing in.
IP rights vary widely, but are best understood by first considering which aspects of your budding cannabis business that you want to protect—namely: your brand, your technology, your cannabis strains, your designs, or your business secrets.
Protecting Your Brand:
Trademarks identify the source of a product or service, and serve to protect the goodwill and market recognition that a business has developed. Most commonly, a trademark is embodied in the name of a product, service, or business, its logo, or a slogan. Trademarks do not have a set expiration date, but generally remain enforceable so long as they are being used in commerce. However, to maximize rights (and avoid getting sued), it is important to search to make sure your proposed brand is “clear” prior to using it in commerce and, once in use, to effectively control your brand in the marketplace.
Federally Registered Trademarks provide the strongest protection for your brand, and enable you to enforce your trademarks anywhere in the United States. Registration requires both legal “use in commerce” and a lack of “confusingly similar” trademarks in your business area. If you aren’t using your trademark in commerce yet, but intend to do so, an “Intent to Use” (“ITU”) application can preserve your rights until you actually begin legal commercial activity. Federally registered marks are denoted by the ® symbol. Having an experienced trademark attorney file an application on your behalf typically costs $1,000-$1,500, and can help you maximize protections and avoid pitfalls.
Because marijuana is still federally illegal, the requirement for legal “use in commerce” presents a unique challenge for cannabis entrepreneurs seeking federal trademark protection. There are two proven strategies. First, you can trademark around the edges: While federal trademarks on cannabis, itself, may be unavailable, trademarks for most ancillary products and services can be obtained. For example, federal trademark registration is available for products and services supporting consumption and cultivation, and for sales of legal medical herbs.
Read More >> https://www.marijuanamoment.net/what-cannabis-entrepreneurs-need-to-know-about-intellectual-property/
How to Patent a Program
By: Michael J Foycik Jr.
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
A program
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent. A computer program can be copyrighted, but it can also often be patented. The types of protection are very different. Specifically, the inventive steps of the program can be patented, and because of this the patent can provide protection far beyond just the specific program language used.
First, a drawing is made showing the most important steps of the program as a flowchart diagram. It is usually not necessary to give every detail of the operation of the program; instead, the main features should be illustrated. The program should be protected by a utility patent application, since that will cover any type of program language. This is also sometimes called a “regular” patent application. The program steps can be explained in words and by the flowchart drawings. The drawings do not need to be like blueprints. And, it is not necessary to have a working program, as long as the steps could be followed by a skilled programmer.
This is a good point to mention that there is also something called a “provisional patent application” that gives patent pending status for one year, permitting a utility patent application to be filed at any time during that year. This is much less expensive, and is recommended when there is an urgent need to get something one file, for example just prior to a trade show or publication. Further below, there is a section called “How to patent using a provisional patent application.”
Here's a simple example showing how to patent an idea for a simple and amusing invention, where a computer program is used. The program determines sequential prime numbers and activates a light for a time corresponding to the prime number. Here, the blinking light is connected to a pencil eraser. For the moment, we aren't concerned with whether it has been done before, it is just an example. For now, the idea would be expressed in words, written just as above. Let's say the steps are: determine prime numbers in sequence from 1; wait until that number of seconds has elapsed; then blink the light ON for a number of seconds equal to the value of the prime number that has been reached. These steps would be shown in a simple flowchart. And, since it is possible to illustrate the idea in a drawing, we would also add a sketch showing where the light should be placed on the eraser. What else should be shown? The light should have a power source, for example a small solar panel or a small battery, and connecting wires should be shown connecting the power source to the light.
Read More >> http://internationalpatentservice.com/How-to-Patent-a-Program.html
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
A program
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent. A computer program can be copyrighted, but it can also often be patented. The types of protection are very different. Specifically, the inventive steps of the program can be patented, and because of this the patent can provide protection far beyond just the specific program language used.
First, a drawing is made showing the most important steps of the program as a flowchart diagram. It is usually not necessary to give every detail of the operation of the program; instead, the main features should be illustrated. The program should be protected by a utility patent application, since that will cover any type of program language. This is also sometimes called a “regular” patent application. The program steps can be explained in words and by the flowchart drawings. The drawings do not need to be like blueprints. And, it is not necessary to have a working program, as long as the steps could be followed by a skilled programmer.
This is a good point to mention that there is also something called a “provisional patent application” that gives patent pending status for one year, permitting a utility patent application to be filed at any time during that year. This is much less expensive, and is recommended when there is an urgent need to get something one file, for example just prior to a trade show or publication. Further below, there is a section called “How to patent using a provisional patent application.”
Here's a simple example showing how to patent an idea for a simple and amusing invention, where a computer program is used. The program determines sequential prime numbers and activates a light for a time corresponding to the prime number. Here, the blinking light is connected to a pencil eraser. For the moment, we aren't concerned with whether it has been done before, it is just an example. For now, the idea would be expressed in words, written just as above. Let's say the steps are: determine prime numbers in sequence from 1; wait until that number of seconds has elapsed; then blink the light ON for a number of seconds equal to the value of the prime number that has been reached. These steps would be shown in a simple flowchart. And, since it is possible to illustrate the idea in a drawing, we would also add a sketch showing where the light should be placed on the eraser. What else should be shown? The light should have a power source, for example a small solar panel or a small battery, and connecting wires should be shown connecting the power source to the light.
Read More >> http://internationalpatentservice.com/How-to-Patent-a-Program.html
The Best Actions Entrepreneurs Can Take to Protect Intellectual Property
By: Eric Pesale
One important thing to consider as you’re growing your company: Making sure that you’re taking the right steps to protect your proprietary brand names, products, and technologies from potential infringers. If you don’t, you could jeopardize all of your hard work—and your reputation. And, worse, you might have to fork over millions of dollars in legal fees to resolve pertinent disputes.
Researchers at the American Intellectual Property Association found that total patent litigation costs an average of about $3 to 6 million for disputes valued between $1 million to 25 million. Yes, that’s a lot.
Fortunately, your company has options available to go against competitors and other malicious actors. Here are some actionable steps you should be taking to protect your company’s growing intellectual property portfolio.
Protect Your Business Trademarks
Registering your business and product names as trademarks with the United States Patent and Trademark Organization (USPTO) is highly recommended. You want to ensure that you can seamlessly conduct business across state lines while also enjoying heightened legal protections against infringers.
First, File for Trademark Protection Online
The USPTO allows companies to file trademarks online using its TEAS Plus application either before or after your company is using its brand and product names in interstate commerce.
If you decide to file your application after conducting your first interstate sale, you’ll have to include images or other examples showing how you’re using your product and brand names in commerce. If you plan to use your trademarks in interstate commerce in the future, you can register your trademarks on an Intent-to-Use (ITU) basis. Then, you can subsequently file a Statement of Use (SOU) form. You’ll need examples attached showing how you’re using your trademarks in commerce.
Heads up: This process entails additional fees, but the USPTO will prevent other companies from registering similar marks they file after the date you filed your ITU application. And that’s definitely what you’re looking for. Alternatively, you can register your trademarks with your state’s Secretary of State office if you only plan to conduct business in one state.
How to Report on Trademark Infringement
Although online marketplaces such as Amazon and Etsy offer internal trademark dispute procedures, they’re only helpful for removing infringing product listings. That might not be enough for every small business owner—especially if you’re seeking damages or injunctions against infringing merchants.
If that’s the case for you, you’ll want to explore your litigation, arbitration, and alternative dispute resolution options. In these instances, judges will usually compare the similarity of both trademarks using multifactor balancing tests.
Read More >> https://www.fundera.com/blog/enforce-intellectual-property
One important thing to consider as you’re growing your company: Making sure that you’re taking the right steps to protect your proprietary brand names, products, and technologies from potential infringers. If you don’t, you could jeopardize all of your hard work—and your reputation. And, worse, you might have to fork over millions of dollars in legal fees to resolve pertinent disputes.
Researchers at the American Intellectual Property Association found that total patent litigation costs an average of about $3 to 6 million for disputes valued between $1 million to 25 million. Yes, that’s a lot.
Fortunately, your company has options available to go against competitors and other malicious actors. Here are some actionable steps you should be taking to protect your company’s growing intellectual property portfolio.
Protect Your Business Trademarks
Registering your business and product names as trademarks with the United States Patent and Trademark Organization (USPTO) is highly recommended. You want to ensure that you can seamlessly conduct business across state lines while also enjoying heightened legal protections against infringers.
First, File for Trademark Protection Online
The USPTO allows companies to file trademarks online using its TEAS Plus application either before or after your company is using its brand and product names in interstate commerce.
If you decide to file your application after conducting your first interstate sale, you’ll have to include images or other examples showing how you’re using your product and brand names in commerce. If you plan to use your trademarks in interstate commerce in the future, you can register your trademarks on an Intent-to-Use (ITU) basis. Then, you can subsequently file a Statement of Use (SOU) form. You’ll need examples attached showing how you’re using your trademarks in commerce.
Heads up: This process entails additional fees, but the USPTO will prevent other companies from registering similar marks they file after the date you filed your ITU application. And that’s definitely what you’re looking for. Alternatively, you can register your trademarks with your state’s Secretary of State office if you only plan to conduct business in one state.
How to Report on Trademark Infringement
Although online marketplaces such as Amazon and Etsy offer internal trademark dispute procedures, they’re only helpful for removing infringing product listings. That might not be enough for every small business owner—especially if you’re seeking damages or injunctions against infringing merchants.
If that’s the case for you, you’ll want to explore your litigation, arbitration, and alternative dispute resolution options. In these instances, judges will usually compare the similarity of both trademarks using multifactor balancing tests.
Read More >> https://www.fundera.com/blog/enforce-intellectual-property
How to Patent
By: Michael J Foycik Jr.
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
An idea or any useful device or method
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.
Introduction and types of patent
Many types of ideas can be patented. Anything that has a function or use can be patented. Also, patent protection can cover many (but not all) types of business methods, most types of computer programs, new methods and processes, new chemicals and compounds, and new materials or new uses for old materials. Where the invention is for a design feature or an ornamental cover or casing, for example, then a design patent is the best way of protecting the invention. How to get a design patent, and how to patent a design, is explained in a separate section below.
How to Patent an Idea
An idea can best be protected by a utility patent application. This is also sometimes called a “regular” patent application. The idea can be explained in words and, if possible, by drawings. The drawings do not need to be like blueprints; instead, they are simplified and do not usually have to show conventional features. And, it is not necessary to have a working model.
Before getting into the details, we would like to mention that there is also something called a “provisional patent application” discussed hereunder. It gives patent pending status for one year, permitting a utility patent application to be filed at any time during that year. That is another way to get a patent. The provisional application is much less expensive than a utility patent application, and can be recommended when there is an urgent need to get a patent application on file with the US Patent Office. For example, just prior to a trade show or publication of the invention, there is an urgent need to have the idea on file with the US Patent Office. For further information, see the section below called “How to patent using a provisional patent application.”
Here's a simple example showing how to patent an idea for a very simple and amusing invention. The simple idea: add a blinking light to a pencil eraser. For the moment, we aren't concerned with whether it has been done before; we could find that out using a patent search if we wished. For now, the idea would be expressed in words in the patent application, written just as above. And, since it is possible to illustrate the idea in a drawing, we would also add a sketch showing where the light should be placed on the eraser. What else should be shown? The light should have a power source, for example a small solar panel or a small battery, and connecting wires should be shown connecting the power source to the light. Then, text is added to the patent application by describing the parts shown in the drawings, explaining possible uses and advantages, and mentioning possible alternatives that are included in the invention such as various types of light sources such as LEDs, incandescent bulbs, phosphorescent lighting, and so on.
Next, a claim is added to describe the invention broadly, such as the following:
Claim 1: A pencil eraser having a light, comprising: a pencil body; an eraser member attached at one end of the pencil body; a light source mounted on the eraser; and a power source connected to supply power to the light source.
Standard text is then added including sections titled: background of the invention; summary of the invention; brief description of the drawings; and an abstract of the disclosure. These are not usually hard to do, but can take some time.
Read More >> http://internationalpatentservice.com/How-to-Patent.html
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
An idea or any useful device or method
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.
Introduction and types of patent
Many types of ideas can be patented. Anything that has a function or use can be patented. Also, patent protection can cover many (but not all) types of business methods, most types of computer programs, new methods and processes, new chemicals and compounds, and new materials or new uses for old materials. Where the invention is for a design feature or an ornamental cover or casing, for example, then a design patent is the best way of protecting the invention. How to get a design patent, and how to patent a design, is explained in a separate section below.
How to Patent an Idea
An idea can best be protected by a utility patent application. This is also sometimes called a “regular” patent application. The idea can be explained in words and, if possible, by drawings. The drawings do not need to be like blueprints; instead, they are simplified and do not usually have to show conventional features. And, it is not necessary to have a working model.
Before getting into the details, we would like to mention that there is also something called a “provisional patent application” discussed hereunder. It gives patent pending status for one year, permitting a utility patent application to be filed at any time during that year. That is another way to get a patent. The provisional application is much less expensive than a utility patent application, and can be recommended when there is an urgent need to get a patent application on file with the US Patent Office. For example, just prior to a trade show or publication of the invention, there is an urgent need to have the idea on file with the US Patent Office. For further information, see the section below called “How to patent using a provisional patent application.”
Here's a simple example showing how to patent an idea for a very simple and amusing invention. The simple idea: add a blinking light to a pencil eraser. For the moment, we aren't concerned with whether it has been done before; we could find that out using a patent search if we wished. For now, the idea would be expressed in words in the patent application, written just as above. And, since it is possible to illustrate the idea in a drawing, we would also add a sketch showing where the light should be placed on the eraser. What else should be shown? The light should have a power source, for example a small solar panel or a small battery, and connecting wires should be shown connecting the power source to the light. Then, text is added to the patent application by describing the parts shown in the drawings, explaining possible uses and advantages, and mentioning possible alternatives that are included in the invention such as various types of light sources such as LEDs, incandescent bulbs, phosphorescent lighting, and so on.
Next, a claim is added to describe the invention broadly, such as the following:
Claim 1: A pencil eraser having a light, comprising: a pencil body; an eraser member attached at one end of the pencil body; a light source mounted on the eraser; and a power source connected to supply power to the light source.
Standard text is then added including sections titled: background of the invention; summary of the invention; brief description of the drawings; and an abstract of the disclosure. These are not usually hard to do, but can take some time.
Read More >> http://internationalpatentservice.com/How-to-Patent.html
Trademarks, Copyrights and Patents: A Mid-Year Update
By: Emily Hart and David Marcus
Trademark Law
First They Came for Disparaging, Then They Came for Scandalous
In June 2017, the Supreme Court held in Matal v. Tam that the disparagement clause of the federal Lanham Act violates the Free Speech Clause of the First Amendment. As a result, marks such as THE SLANTS and WASHINGTON REDSKINS cannot be denied federal trademark registration on the grounds they are “offensive.” In January 2018, the Fourth Circuit finally vacated a lower court decision that canceled the Washington Redskins’ federal trademark registrations.
In the wake of Matal v. Tam, the Federal Circuit ruled that the Lanham Act’s ban on scandalous and immoral trademarks was unconstitutional, which reversed the United States Patent and Trademark Office’s decision to refuse registration for the trademark FUCT. In April 2018, the Federal Circuit denied reconsideration of its 2017 ruling.
Breakfast at Costco?
Several years ago, Tiffany & Co. discovered that Costco Wholesale Corp. was advertising and selling “Tiffany” engagement rings and slapped Costco with a trademark infringement lawsuit. Costco claimed it was using TIFFANY as a generic term to refer to a “Tiffany setting” style of ring. In 2015 a court found that Costco had willfully infringed Tiffany’s trademark rights, and a jury awarded Tiffany millions of dollars in profits and punitive damages. In August 2017, a judge reduced the jury’s award but awarded Tiffany treble damages for Costco’s willful infringement to the tune of $11.1 million in trebled profits and $8.25 million in punitive damages. Costco has appealed the $19 million damages award it owes Tiffany to the Second Circuit, and in 2018 we may see a ruling from the court reducing that award.
This case demonstrates the high cost of using another brand’s trademark to describe the same or similar goods or services. A purportedly “generic” use of the trademark could be willful infringement in the eyes of the trademark owner and a judge or jury. Even if the trademark has become common (e.g., Google, Kleenex), many trademark owners vigorously protect their trademarks from so-called “genericide.”
Driving a Wedge Between Kia and Allstate
In November 2017, a jury found that Kia’s DRIVE WiSE trademark infringed Allstate’s DRIVEWISE trademark. For more than seven years, Allstate had been using the mark DRIVEWISE in connection with a driver safety program. In 2017, Kia began using its DRIVE WiSE trademark in connection with driver safety features available in Kia vehicles. The jury found in favor of Allstate, but in early January 2018, a judge reversed the jury’s “advisory” verdict, finding no likelihood of confusion between the marks. Notably, the judge found that Allstate’s DRIVEWISE mark was weak, that the goods and services were not closely related, and that there was no evidence of actual consumer confusion. Allstate appealed. In February, the company filed an opposition proceeding before the Trademark Trial and Appeal Board against Kia’s application to register its DRIVE WiSE logo. The opposition proceeding was suspended pending final disposition in the civil case.
As this case shows, the test for trademark infringement – likelihood of consumer confusion – is extremely subjective and highly fact-specific. It is often difficult to predict whether a factfinder will believe confusion is likely and which factors will be most persuasive in making this determination.
Copyright Law
2018: A Rocky Start for Fair Use
In February of this year, the Second Circuit issued an opinion on the long-running fair-use battle between Fox News and TVEyes, a search engine for broadcasted content. TVEyes recorded television and radio broadcasts 24/7 and allowed users who want to study and monitor broadcast media to search its database for clips. In 2013, Fox News sued TVEyes for copyright infringement. In two separate rulings, a district court judge said the service is fair use, but that specific features of the service, such as the ability to download and email clips, are not fair use. The Second Circuit overruled the district court’s ruling, finding no fair use. Although the Second Circuit found TVEyes’ service “transformative” under the first fair-use factor, other factors, which considered the amount of content copied and Fox’s opportunity for licensing its content, weighed against a finding of fair use.
In March, the Federal Circuit ruled that Google’s use of Oracle’s Java application programming interface (API) in its Android operating system is not fair use. The court found that Google’s use of the APIs was “overwhelmingly commercial,” and not “transformative,” as Google copied and moved the APIs from platform to platform without changes. The court acknowledged that elements of the APIs were functional but gave this factor little weight. As to the amount and substantiality of the APIs used, the court found this factor neutral. In considering the potential market harm to Oracle, the court found that the APIs had been used in mobile devices prior to Android’s release, and that Google’s use thwarted Oracle's licensing opportunities and “prevented Oracle from participating in developing markets.”
The four fair-use factors are: (1) the purpose and character of the use (“transformative use”); (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used; and (4) the effect of the use upon the potential market or value of the copyrighted work. As these cases demonstrate, fair-use analyses are notoriously inconsistent and unpredictable. Generally, a fair-use defense should not be relied upon to excuse copyright infringement.
Read More >> http://ccbjournal.com/articles/35677/trademarks-copyrights-and-patents-%E2%80%A8-mid-year-update
Trademark Law
First They Came for Disparaging, Then They Came for Scandalous
In June 2017, the Supreme Court held in Matal v. Tam that the disparagement clause of the federal Lanham Act violates the Free Speech Clause of the First Amendment. As a result, marks such as THE SLANTS and WASHINGTON REDSKINS cannot be denied federal trademark registration on the grounds they are “offensive.” In January 2018, the Fourth Circuit finally vacated a lower court decision that canceled the Washington Redskins’ federal trademark registrations.
In the wake of Matal v. Tam, the Federal Circuit ruled that the Lanham Act’s ban on scandalous and immoral trademarks was unconstitutional, which reversed the United States Patent and Trademark Office’s decision to refuse registration for the trademark FUCT. In April 2018, the Federal Circuit denied reconsideration of its 2017 ruling.
Breakfast at Costco?
Several years ago, Tiffany & Co. discovered that Costco Wholesale Corp. was advertising and selling “Tiffany” engagement rings and slapped Costco with a trademark infringement lawsuit. Costco claimed it was using TIFFANY as a generic term to refer to a “Tiffany setting” style of ring. In 2015 a court found that Costco had willfully infringed Tiffany’s trademark rights, and a jury awarded Tiffany millions of dollars in profits and punitive damages. In August 2017, a judge reduced the jury’s award but awarded Tiffany treble damages for Costco’s willful infringement to the tune of $11.1 million in trebled profits and $8.25 million in punitive damages. Costco has appealed the $19 million damages award it owes Tiffany to the Second Circuit, and in 2018 we may see a ruling from the court reducing that award.
This case demonstrates the high cost of using another brand’s trademark to describe the same or similar goods or services. A purportedly “generic” use of the trademark could be willful infringement in the eyes of the trademark owner and a judge or jury. Even if the trademark has become common (e.g., Google, Kleenex), many trademark owners vigorously protect their trademarks from so-called “genericide.”
Driving a Wedge Between Kia and Allstate
In November 2017, a jury found that Kia’s DRIVE WiSE trademark infringed Allstate’s DRIVEWISE trademark. For more than seven years, Allstate had been using the mark DRIVEWISE in connection with a driver safety program. In 2017, Kia began using its DRIVE WiSE trademark in connection with driver safety features available in Kia vehicles. The jury found in favor of Allstate, but in early January 2018, a judge reversed the jury’s “advisory” verdict, finding no likelihood of confusion between the marks. Notably, the judge found that Allstate’s DRIVEWISE mark was weak, that the goods and services were not closely related, and that there was no evidence of actual consumer confusion. Allstate appealed. In February, the company filed an opposition proceeding before the Trademark Trial and Appeal Board against Kia’s application to register its DRIVE WiSE logo. The opposition proceeding was suspended pending final disposition in the civil case.
As this case shows, the test for trademark infringement – likelihood of consumer confusion – is extremely subjective and highly fact-specific. It is often difficult to predict whether a factfinder will believe confusion is likely and which factors will be most persuasive in making this determination.
Copyright Law
2018: A Rocky Start for Fair Use
In February of this year, the Second Circuit issued an opinion on the long-running fair-use battle between Fox News and TVEyes, a search engine for broadcasted content. TVEyes recorded television and radio broadcasts 24/7 and allowed users who want to study and monitor broadcast media to search its database for clips. In 2013, Fox News sued TVEyes for copyright infringement. In two separate rulings, a district court judge said the service is fair use, but that specific features of the service, such as the ability to download and email clips, are not fair use. The Second Circuit overruled the district court’s ruling, finding no fair use. Although the Second Circuit found TVEyes’ service “transformative” under the first fair-use factor, other factors, which considered the amount of content copied and Fox’s opportunity for licensing its content, weighed against a finding of fair use.
In March, the Federal Circuit ruled that Google’s use of Oracle’s Java application programming interface (API) in its Android operating system is not fair use. The court found that Google’s use of the APIs was “overwhelmingly commercial,” and not “transformative,” as Google copied and moved the APIs from platform to platform without changes. The court acknowledged that elements of the APIs were functional but gave this factor little weight. As to the amount and substantiality of the APIs used, the court found this factor neutral. In considering the potential market harm to Oracle, the court found that the APIs had been used in mobile devices prior to Android’s release, and that Google’s use thwarted Oracle's licensing opportunities and “prevented Oracle from participating in developing markets.”
The four fair-use factors are: (1) the purpose and character of the use (“transformative use”); (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used; and (4) the effect of the use upon the potential market or value of the copyrighted work. As these cases demonstrate, fair-use analyses are notoriously inconsistent and unpredictable. Generally, a fair-use defense should not be relied upon to excuse copyright infringement.
Read More >> http://ccbjournal.com/articles/35677/trademarks-copyrights-and-patents-%E2%80%A8-mid-year-update
A New Startup Business: What Is Needed For Success
By: Michael J Foycik Jr.
June 22, 2016
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.
A pending federal trademark application also documents rights. What's in a name? Sometimes an entire business depends on a catchy name. Even if there are no other types of rights, just having trademark rights can mean success. Even a pending trademark application can be valuable!
Read More >> http://internationalpatentservice.com/A-New-Startup-Business.html
June 22, 2016
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.
A pending federal trademark application also documents rights. What's in a name? Sometimes an entire business depends on a catchy name. Even if there are no other types of rights, just having trademark rights can mean success. Even a pending trademark application can be valuable!
Read More >> http://internationalpatentservice.com/A-New-Startup-Business.html
Battle Over Thank You Trademark on Wine Bottles
By: Kerana Todorov
A Southern California company is in federal court over the right to use its trademark “THANK YOU” on its wine labels, according to court records.
Hidden Wineries Inc. of Temecula is challenging a 2017 decision by the administrative board of the U.S. Patent and Trademark Office to declare its trademark “THANK YOU” abandoned. On April 11, the company filed a complaint against Modern House LLC of Oakville. Modern House is based at Swanson Vineyards, a division of Vintage Wine Estates of Santa Rosa.
Modern House’s lawyers in 2014 petitioned federal officials that Hidden Wineries had abandoned its trademark “THANK YOU.” In August, the Trademark Trial and Appeal Board, an administrative panel of the U.S. Patent and Trademark Office, sided with Modern House and issued a ruling to cancel “THANK YOU.”
That decision cleared the way for Modern House to register its own trademarks “MERCI” and “THANK YOU MODERN HOUSE” with the U.S. Patent and Trademark Office. Modern House had not been able to register “MERCI” with the Patent and Trademark Office for years.
Federal officials in 2013 declined to approve Modern House’s applications to register “MERCI” and “THANK YOU MODERN HOUSE,” stating these labels would create confusion with Hidden Wineries’ “THANK YOU” mark. “Merci” means “thank you” in French.
In 2014, Modern House filed a petition to cancel Hidden Wineries’ trademark. An attorney argued Modern House “is and will continue to be injured and damaged” by the existing trademark “THANK YOU,” according to records on file with the Patent and Trademark Office.
In its lawsuit, Hidden wineries, seeks a ruling that it never abandoned the trademark. Hidden House’s trademark “THANK YOU” was approved in 2010. Alcoholic Beverage Control records indicate Madonna Mahoney of Temecula is Hidden Wineries’ chief executive officer.
Read More >> https://www.winebusiness.com/news/?go=getArticle&dataid=198449
A Southern California company is in federal court over the right to use its trademark “THANK YOU” on its wine labels, according to court records.
Hidden Wineries Inc. of Temecula is challenging a 2017 decision by the administrative board of the U.S. Patent and Trademark Office to declare its trademark “THANK YOU” abandoned. On April 11, the company filed a complaint against Modern House LLC of Oakville. Modern House is based at Swanson Vineyards, a division of Vintage Wine Estates of Santa Rosa.
Modern House’s lawyers in 2014 petitioned federal officials that Hidden Wineries had abandoned its trademark “THANK YOU.” In August, the Trademark Trial and Appeal Board, an administrative panel of the U.S. Patent and Trademark Office, sided with Modern House and issued a ruling to cancel “THANK YOU.”
That decision cleared the way for Modern House to register its own trademarks “MERCI” and “THANK YOU MODERN HOUSE” with the U.S. Patent and Trademark Office. Modern House had not been able to register “MERCI” with the Patent and Trademark Office for years.
Federal officials in 2013 declined to approve Modern House’s applications to register “MERCI” and “THANK YOU MODERN HOUSE,” stating these labels would create confusion with Hidden Wineries’ “THANK YOU” mark. “Merci” means “thank you” in French.
In 2014, Modern House filed a petition to cancel Hidden Wineries’ trademark. An attorney argued Modern House “is and will continue to be injured and damaged” by the existing trademark “THANK YOU,” according to records on file with the Patent and Trademark Office.
In its lawsuit, Hidden wineries, seeks a ruling that it never abandoned the trademark. Hidden House’s trademark “THANK YOU” was approved in 2010. Alcoholic Beverage Control records indicate Madonna Mahoney of Temecula is Hidden Wineries’ chief executive officer.
Read More >> https://www.winebusiness.com/news/?go=getArticle&dataid=198449
Now is the Time to Consider an EPO Patent Application for Coverage in European Union Countries
By: Michael J Foycik Jr.
August 6, 2014
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
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
August 6, 2014
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
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
Intellectual Property: Difference Between Trademarks, Copyrights, and Patents
By: Sam Mollaei
Considering the complexity of intellectual property law, it is understandable that many individuals like artists, authors, bloggers, journalist, etc. are likely to confuse the terms Patent, Copyright, and Trademark. Often you may hear them speak of “patenting a book” or “copywriting a new gadget”. These are legal terms that are on occasion confused by a lot of people. In this post, you will get to know the difference between:
>> Patent
>> Copyright
>> Trademark
So what is Intellectual Property?
Intellectual property is the ownership of tangible and non-physical goods. Since intellectual property is intangible, then it becomes a lot more difficult to protect it as compared to other kinds of property.
A simpler definition of intellectual property is something that is created by an individual’s or professional’s mind. However, intellectual property does not protect the bare ideas; rather it is basically the expression or the symbolic power/recognizability of the ideas that have been protected.
The intellectual property, in this case, is the design of a car that is patented. But not the idea of the car itself. It can be the painting of a beautiful house that is copyrighted but not the idea of the house. The intellectual property is the consumer recognizable logo that has been trademarked but not the idea of the logo. Therefore, the intellectual property only protects how we can express and identify ideas in concrete ways. But not the idea itself.
What is a Trademark?
A trademark is a device, a symbol, a name that is used in trade with goods to indicate the source of the particular product or service that will distinguish it from the goods and services of others. The trademark rights that are offered to a company may be used to prevent other businesses from making the same goods or rather from selling the same goods or services under a clearly different mark.
The trademarks protect any symbol that shows or indicates the source of the origin. While the trademark of a particular company may be very important to the owner of the company, its ultimate purpose is to protect the consumer, by informing them about the origin of the product.
What is Copyright?
The copyright can protect the specific creative expression of an idea that can be through any medium of artistic or creative expression. Examples can be paintings, writings, sculptures, photographs, software, etc. It is generally a form of protection that is offered to the authors of original works of the authorship.
Read More >> https://invoicebus.com/blog/intellectual-property-trademarks-copyrights-patents/?ref=quuu
Considering the complexity of intellectual property law, it is understandable that many individuals like artists, authors, bloggers, journalist, etc. are likely to confuse the terms Patent, Copyright, and Trademark. Often you may hear them speak of “patenting a book” or “copywriting a new gadget”. These are legal terms that are on occasion confused by a lot of people. In this post, you will get to know the difference between:
>> Patent
>> Copyright
>> Trademark
So what is Intellectual Property?
Intellectual property is the ownership of tangible and non-physical goods. Since intellectual property is intangible, then it becomes a lot more difficult to protect it as compared to other kinds of property.
A simpler definition of intellectual property is something that is created by an individual’s or professional’s mind. However, intellectual property does not protect the bare ideas; rather it is basically the expression or the symbolic power/recognizability of the ideas that have been protected.
The intellectual property, in this case, is the design of a car that is patented. But not the idea of the car itself. It can be the painting of a beautiful house that is copyrighted but not the idea of the house. The intellectual property is the consumer recognizable logo that has been trademarked but not the idea of the logo. Therefore, the intellectual property only protects how we can express and identify ideas in concrete ways. But not the idea itself.
What is a Trademark?
A trademark is a device, a symbol, a name that is used in trade with goods to indicate the source of the particular product or service that will distinguish it from the goods and services of others. The trademark rights that are offered to a company may be used to prevent other businesses from making the same goods or rather from selling the same goods or services under a clearly different mark.
The trademarks protect any symbol that shows or indicates the source of the origin. While the trademark of a particular company may be very important to the owner of the company, its ultimate purpose is to protect the consumer, by informing them about the origin of the product.
What is Copyright?
The copyright can protect the specific creative expression of an idea that can be through any medium of artistic or creative expression. Examples can be paintings, writings, sculptures, photographs, software, etc. It is generally a form of protection that is offered to the authors of original works of the authorship.
Read More >> https://invoicebus.com/blog/intellectual-property-trademarks-copyrights-patents/?ref=quuu
Some Indiegogo Success Tips
By: Michael J Foycik Jr.
August 6, 2014
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
If you're planning an Indiegogo 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-Indiegogo-Success-Tips.html
August 6, 2014
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
If you're planning an Indiegogo 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-Indiegogo-Success-Tips.html
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