By: Michael J Foycik Jr.
Dec 31, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
So, you need an investor. Probably to start a new business and launch a new product. Here's a very short yet useful guide.
Get a distributor. Yes, they don't sound like investors, but it helps to see them that way. Why so? A typical one will bear the costs in some way, and help sell the product. These things are what a good investor would do. Typically, with a new product, you can expect to get anywhere from 2 to 9 percent of the selling price, though this can vary.
Sell though a TV marketing company – you know the ones. You see them on late night television, or on cable channels that sell goods. And yes, they don't sound like investors, but it will help to look at them that way.
Read more >> http://internationalpatentservice.com/Getting-Investors-Ultra-Quick-Tips.html
How To Trademark Your Logo Design
By: Admin
Finding the perfect logo design for your business can be a big task all by itself. Once you finally find a logo designer or use a logo maker and finish up your logo, it’s time to consider doing a trademark on your logo. Probably only 90% of people that have a logo design actually trademark the design. It’s not completely necessary to have a trademark to protect your design. If you can prove your design was designed and paid for by you, this can sometimes be enough to protect your design. If you are worried about someone stealing your logo and you are unsure if you should trademark it, then just trademark the logo and set your mind at ease.
Pursuing your own business can bring about a whole range of feelings, from excitement to tedium. However, one of the more exciting activities to engage in is the design of the company’s logo. Your logo will give off the first impression of your company, over and over, as it is displayed for all to see. That could mean adverts, websites, business cards, billboards, and even commercials. While you want your logo to represent you in the best ways possible, you also have to make sure that you are representing your logo correctly. In order to do this, you need to trademark your logo and we’re going to tell you how to go about it. From large businesses to smaller businesses, there is a way for everyone – depending on how thoroughly you want to personally own your logo.
Read more >> http://www.youngupstarts.com/2019/12/26/how-to-trademark-your-logo-design/
Finding the perfect logo design for your business can be a big task all by itself. Once you finally find a logo designer or use a logo maker and finish up your logo, it’s time to consider doing a trademark on your logo. Probably only 90% of people that have a logo design actually trademark the design. It’s not completely necessary to have a trademark to protect your design. If you can prove your design was designed and paid for by you, this can sometimes be enough to protect your design. If you are worried about someone stealing your logo and you are unsure if you should trademark it, then just trademark the logo and set your mind at ease.
Pursuing your own business can bring about a whole range of feelings, from excitement to tedium. However, one of the more exciting activities to engage in is the design of the company’s logo. Your logo will give off the first impression of your company, over and over, as it is displayed for all to see. That could mean adverts, websites, business cards, billboards, and even commercials. While you want your logo to represent you in the best ways possible, you also have to make sure that you are representing your logo correctly. In order to do this, you need to trademark your logo and we’re going to tell you how to go about it. From large businesses to smaller businesses, there is a way for everyone – depending on how thoroughly you want to personally own your logo.
Read more >> http://www.youngupstarts.com/2019/12/26/how-to-trademark-your-logo-design/
GETTING INVESTORS – SURPRISING TYPES
By: Michael J Foycik Jr.
Dec 24, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
So, you need an investor. Probably to start a new business and launch a new product. Here's a very short yet useful guide to some surprising types of investor.
Get a distributor. Yes, they don't sound like investors, but it helps to see them that way. Why so? A typical one will bear the costs in some way, and help sell the product. These things are what a good investor would do. Typically, with a new product, you can expect to get anywhere from 2 to 9 percent of the selling price, though this can vary.
Sell though a TV marketing company – you know the ones. You see them on late night television, or on cable channels that sell goods. And yes, they don't sound like investors, but it will help to look at them that way. A typical one will help with the costs in come way, and perhaps even with the development and testing of the product. These are things a good investor might do. Typically, one might expect anywhere from 2 to 4 percent of the selling price.
Go to an investment club. There are surprisingly many if you look. Try online searches, and word-of-mouth if necessary. Ask around, especially in local businesses, where the owner might well belong to such an investment club. A good investor will take about 10 to 50 percent of your business, in exchange for investment money and possibly expertise. A good investor will know how to help you succeed!
Read more >> http://internationalpatentservice.com/Getting-Investors-Surprising-Types.html
Dec 24, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
So, you need an investor. Probably to start a new business and launch a new product. Here's a very short yet useful guide to some surprising types of investor.
Get a distributor. Yes, they don't sound like investors, but it helps to see them that way. Why so? A typical one will bear the costs in some way, and help sell the product. These things are what a good investor would do. Typically, with a new product, you can expect to get anywhere from 2 to 9 percent of the selling price, though this can vary.
Sell though a TV marketing company – you know the ones. You see them on late night television, or on cable channels that sell goods. And yes, they don't sound like investors, but it will help to look at them that way. A typical one will help with the costs in come way, and perhaps even with the development and testing of the product. These are things a good investor might do. Typically, one might expect anywhere from 2 to 4 percent of the selling price.
Go to an investment club. There are surprisingly many if you look. Try online searches, and word-of-mouth if necessary. Ask around, especially in local businesses, where the owner might well belong to such an investment club. A good investor will take about 10 to 50 percent of your business, in exchange for investment money and possibly expertise. A good investor will know how to help you succeed!
Read more >> http://internationalpatentservice.com/Getting-Investors-Surprising-Types.html
Alex Tame: Why Startups Need to Have a Global IP Strategy
By: Alex Tame
In an increasingly global economy, even startups need to consider where their companies fit in internationally. Entrepreneurs wear many hats — operations, marketing, engineering and sales among them — but few tout themselves as patent law experts. Often the last thing on their minds is an intellectual property (IP) strategy — but this can be costly in the long term.
Patent assertion entities (PAEs, also referred to as “patent trolls”) are a growing threat to companies in the UK. Patent trolls are companies whose primary revenue model is to acquire patents for the sole purpose of using them to sue other companies. They’re a big problem in the US, where they have resulted in more than 60 billion GBP in lost wealth annually, and where many UK startups look as a secondary market. They’re a growing problem in the EU, as German courts have proven to be favourable to trolls.
Startups doing business in these markets expose themselves to patent troll risk — and the cost of defending against those lawsuits — to the tune of 2.4 million GBP per suit — can easily put an early stage company out of business. Because of these risks, nearly 50 UK-based companies have joined LOT Network, including well-known names like Ocado and Boots.
Read more >> http://www.theuknewspaper.co.uk/why-startups-need-to-have-a-global-ip-strategy/
In an increasingly global economy, even startups need to consider where their companies fit in internationally. Entrepreneurs wear many hats — operations, marketing, engineering and sales among them — but few tout themselves as patent law experts. Often the last thing on their minds is an intellectual property (IP) strategy — but this can be costly in the long term.
Patent assertion entities (PAEs, also referred to as “patent trolls”) are a growing threat to companies in the UK. Patent trolls are companies whose primary revenue model is to acquire patents for the sole purpose of using them to sue other companies. They’re a big problem in the US, where they have resulted in more than 60 billion GBP in lost wealth annually, and where many UK startups look as a secondary market. They’re a growing problem in the EU, as German courts have proven to be favourable to trolls.
Startups doing business in these markets expose themselves to patent troll risk — and the cost of defending against those lawsuits — to the tune of 2.4 million GBP per suit — can easily put an early stage company out of business. Because of these risks, nearly 50 UK-based companies have joined LOT Network, including well-known names like Ocado and Boots.
Read more >> http://www.theuknewspaper.co.uk/why-startups-need-to-have-a-global-ip-strategy/
WHAT IS TRADEMARK
By: Michael J Foycik Jr.
Dec. 20, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
WHAT IS TRADEMARK. . .
> protection
> application
> infringement
A trademark is any mark, logo, or phrase that serves to distinguish one source of goods from another.
When a trademark is in actual use in commerce, common law trademark rights can often exist even without a registered trademark. These can be enforced in state courts.
A federally registered trademark can be enforced in federal courts. To get a registered trademark, it is necessary to first file a US Trademark Application.
Such an application needs the information noted in the query form shown on this page.
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.
To get started now:
No money is needed to get started. Once we receive the above-noted information for a trademark application, we perform a free, informal search of the trademark records and advise if a serious obstacle exists in the form of a prior similar trademark application. There is no cost or obligation for this. An experienced trademark attorney interprets the results of the informal search.
Read more >> http://internationalpatentservice.com/What-is-Trademark.html
Dec. 20, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
WHAT IS TRADEMARK. . .
> protection
> application
> infringement
A trademark is any mark, logo, or phrase that serves to distinguish one source of goods from another.
When a trademark is in actual use in commerce, common law trademark rights can often exist even without a registered trademark. These can be enforced in state courts.
A federally registered trademark can be enforced in federal courts. To get a registered trademark, it is necessary to first file a US Trademark Application.
Such an application needs the information noted in the query form shown on this page.
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.
To get started now:
No money is needed to get started. Once we receive the above-noted information for a trademark application, we perform a free, informal search of the trademark records and advise if a serious obstacle exists in the form of a prior similar trademark application. There is no cost or obligation for this. An experienced trademark attorney interprets the results of the informal search.
Read more >> http://internationalpatentservice.com/What-is-Trademark.html
4 Key Questions Every Entrepreneur Should Ask About Intellectual Property ("IP")
By: Mark Getty
To avoid early missteps in protecting valuable business intellectual property, every entrepreneur should regularly ask himself or herself the following questions about their intangible assets.
1. What IP does my business currently own?
> Take an accounting of all trademarks, inventions, trade secrets, confidential information, or other proprietary information currently owned. For a quick & easy primer on the various types of intellectual property and what legal protections may be available, a brief summary can be found here.
> If you are new or small business, start with a simple spreadsheet that tracks the type, status, & description of all IP owned, and update the spreadsheet regularly with details such as: (1) the date any pending applications or registrations were filed, (2) the date that responses to any official correspondence are due (for example to the USPTO), and (3) the date any applications/registrations expire or need to be renewed.
> Keep in mind that you may own the IP personally if you are an early stage company (or simply a sole proprietorship). You may consider assigning any patent or trademark applications/registrations from you personally to the company to add valuable assets to the company (or license them if you would prefer to keep title).
Read more >> https://www.startupheartup.com/blog/4-questions-every-business-owner-should-ask-about-intellectual-property-ip
To avoid early missteps in protecting valuable business intellectual property, every entrepreneur should regularly ask himself or herself the following questions about their intangible assets.
1. What IP does my business currently own?
> Take an accounting of all trademarks, inventions, trade secrets, confidential information, or other proprietary information currently owned. For a quick & easy primer on the various types of intellectual property and what legal protections may be available, a brief summary can be found here.
> If you are new or small business, start with a simple spreadsheet that tracks the type, status, & description of all IP owned, and update the spreadsheet regularly with details such as: (1) the date any pending applications or registrations were filed, (2) the date that responses to any official correspondence are due (for example to the USPTO), and (3) the date any applications/registrations expire or need to be renewed.
> Keep in mind that you may own the IP personally if you are an early stage company (or simply a sole proprietorship). You may consider assigning any patent or trademark applications/registrations from you personally to the company to add valuable assets to the company (or license them if you would prefer to keep title).
Read more >> https://www.startupheartup.com/blog/4-questions-every-business-owner-should-ask-about-intellectual-property-ip
Electronics Inventions Facing Patent Legal Adversity – Surprisingly Good News For Your Inventive Electronics!
By: Michael J Foycik Jr.
Dec 16, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
You may already know the patent hurdles facing inventions related to electonics. Over the last few years, the federal appellate courts have sharply limited what is and is not a patentable electronic invention.
At one major example, the case In re Bilski limited electronics and software claims to those that require hardware. Here's a very short listing of objections that have recently been seen: mere data-gathering is not a sufficient role for the device; the device is not truly needed to execute the invention and merely carries out the steps; and the device employs transformative steps that require no particular machine. Those are major hurdles to overcome. Yet, there are more such hurdles.
But, that's actually very good news for inventors in electronics! With fewer patents, it is easier for a new one to dominate a valuable technical area. Or, if you have a late inventive entry into a field and worry that you may be too late, an absence of patents could allow you in. And, of course, your invention may be the one to prevail, if your attorney knows what to do.
Read more >> http://internationalpatentservice.com/Electronics-Inventions-Facing-Patent-Legal-Adversity.html
Dec 16, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
You may already know the patent hurdles facing inventions related to electonics. Over the last few years, the federal appellate courts have sharply limited what is and is not a patentable electronic invention.
At one major example, the case In re Bilski limited electronics and software claims to those that require hardware. Here's a very short listing of objections that have recently been seen: mere data-gathering is not a sufficient role for the device; the device is not truly needed to execute the invention and merely carries out the steps; and the device employs transformative steps that require no particular machine. Those are major hurdles to overcome. Yet, there are more such hurdles.
But, that's actually very good news for inventors in electronics! With fewer patents, it is easier for a new one to dominate a valuable technical area. Or, if you have a late inventive entry into a field and worry that you may be too late, an absence of patents could allow you in. And, of course, your invention may be the one to prevail, if your attorney knows what to do.
Read more >> http://internationalpatentservice.com/Electronics-Inventions-Facing-Patent-Legal-Adversity.html
Beyond Patents: The Problems of Non-Traditional Trademark Protection for Medicines and Health Technologies
By: Irene Calboli
In November 2015, the United Nations Secretary General convened a High-Level Panel on Access to Health Technologies. The Panel’s objective was “to propose solutions for addressing the incoherencies between international human rights, trade, intellectual property rights, and public health objectives.” In a Report issued in September 2016, the Panel discussed how countries worldwide could use the flexibilities in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) to foster research and development of health technologies. Unsurprisingly, the Panel’s report focused on patent law. Yet, in the Report’s Annexes, it was highlighted that other IP rights, such as trademarks and copyright, can also “exert monopolistic effects in the market,” and that the effects of these rights can “rival those associated with patents and with a far greater duration” due to their different terms and scope of protection.1 As a result, it was noted, more attention should be paid to these rights “to tackle the[ir] combined effects … on the cost, distribution, and accessibility of medicines and health technologies.”2
Similar to the Panel’s Report, academic scholarship on access to medicines and health technologies continues to focus largely on patents and related limitations and exceptions to patent rights.3 This is of course understandable, considering the primary role patents play in the research and development and the exclusive market distribution of medicines and health technologies.
Read more >> https://link.springer.com/article/10.1007/s40319-019-00893-y
In November 2015, the United Nations Secretary General convened a High-Level Panel on Access to Health Technologies. The Panel’s objective was “to propose solutions for addressing the incoherencies between international human rights, trade, intellectual property rights, and public health objectives.” In a Report issued in September 2016, the Panel discussed how countries worldwide could use the flexibilities in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) to foster research and development of health technologies. Unsurprisingly, the Panel’s report focused on patent law. Yet, in the Report’s Annexes, it was highlighted that other IP rights, such as trademarks and copyright, can also “exert monopolistic effects in the market,” and that the effects of these rights can “rival those associated with patents and with a far greater duration” due to their different terms and scope of protection.1 As a result, it was noted, more attention should be paid to these rights “to tackle the[ir] combined effects … on the cost, distribution, and accessibility of medicines and health technologies.”2
Similar to the Panel’s Report, academic scholarship on access to medicines and health technologies continues to focus largely on patents and related limitations and exceptions to patent rights.3 This is of course understandable, considering the primary role patents play in the research and development and the exclusive market distribution of medicines and health technologies.
Read more >> https://link.springer.com/article/10.1007/s40319-019-00893-y
NDAs: Trick or Treat - Do They Help, and Should You Want One?
By: Michael J Foycik Jr.
Dec 9, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
If you're an inventor, you've probably seen an NDA (Non-Disclosure Agreement). Do NDAs really help? And, can NDAs be enforced? Is there anything tricky there? Good questions, and you might be surprised by the answers!
It would help to know that an NDA covers trade secrets. Yes, you want to show your invention to someone, and that invention is covered by a patent application. But, that means your invention is a trade secret (assuming you haven't already published it already). So, your invention can also be your trade secret.
If your invention is stolen (misappropriated), you would probably prefer tort damages, instead of contract damages or patent damages. Here's why: tort damages can be punitive in nature and can therefore be big even when the infraction is small. Contract damages tend to be limited to the provable amount of money lost (there are exceptions). Patent damages cover actual infringement situations, provide a percentage of the lost profits (as one example, and there are exceptions), and require an issued patent. Every case is different, and the above is just a rough guide – you'll need to talk with a lawyer for specific advice. Note that an NDA is a contract and often specifies the damages and the law to be applied.
Read more >> http://internationalpatentservice.com/Trick-or-Treat.html
Dec 9, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
If you're an inventor, you've probably seen an NDA (Non-Disclosure Agreement). Do NDAs really help? And, can NDAs be enforced? Is there anything tricky there? Good questions, and you might be surprised by the answers!
It would help to know that an NDA covers trade secrets. Yes, you want to show your invention to someone, and that invention is covered by a patent application. But, that means your invention is a trade secret (assuming you haven't already published it already). So, your invention can also be your trade secret.
If your invention is stolen (misappropriated), you would probably prefer tort damages, instead of contract damages or patent damages. Here's why: tort damages can be punitive in nature and can therefore be big even when the infraction is small. Contract damages tend to be limited to the provable amount of money lost (there are exceptions). Patent damages cover actual infringement situations, provide a percentage of the lost profits (as one example, and there are exceptions), and require an issued patent. Every case is different, and the above is just a rough guide – you'll need to talk with a lawyer for specific advice. Note that an NDA is a contract and often specifies the damages and the law to be applied.
Read more >> http://internationalpatentservice.com/Trick-or-Treat.html
International Intellectual Property Rights: Everything Exporters Need to Know
By: Benjamin Williams
The importance of doing business internationally grows more significant every year. It is important to remember that not only does international business open up a world of possibilities, it also comes with risks you might not have considered before. This makes understanding your international intellectual property rights and how to fully protect your products and ideas all the more vital.
Intellectual property rights are exclusive rights given to creators to protect their creations for a specific period of time. These rights are granted through multiple different methods, including copyrights, trademarks, and patents. Before you can successfully export your products internationally, you must ensure that your products are fully protected through the right methods and in the right countries.
Trademarks and Service Marks
According to the USPTO, a trademark is “a word, phrase, symbol, or design that identifies and distinguishes the source of the goods of one party from those of others.” Trademarks protect any logos or brand names you use on your goods. This makes it illegal for other companies to use the same logo, brand name, or service mark or one so similar that it is indistinguishable from your original, which is called counterfeiting. Once you have ensured your trademark is federally registrable and legally protectable, you can move forward with the registration process.
Read more >> https://tradove.com/blog/International-Intellectual-Property-Rights-Everything-Exporters-Need-to-Know.html
The importance of doing business internationally grows more significant every year. It is important to remember that not only does international business open up a world of possibilities, it also comes with risks you might not have considered before. This makes understanding your international intellectual property rights and how to fully protect your products and ideas all the more vital.
Intellectual property rights are exclusive rights given to creators to protect their creations for a specific period of time. These rights are granted through multiple different methods, including copyrights, trademarks, and patents. Before you can successfully export your products internationally, you must ensure that your products are fully protected through the right methods and in the right countries.
Trademarks and Service Marks
According to the USPTO, a trademark is “a word, phrase, symbol, or design that identifies and distinguishes the source of the goods of one party from those of others.” Trademarks protect any logos or brand names you use on your goods. This makes it illegal for other companies to use the same logo, brand name, or service mark or one so similar that it is indistinguishable from your original, which is called counterfeiting. Once you have ensured your trademark is federally registrable and legally protectable, you can move forward with the registration process.
Read more >> https://tradove.com/blog/International-Intellectual-Property-Rights-Everything-Exporters-Need-to-Know.html
Great Ways to Invent – Get Incredible Features In Your Invention
By: Michael J Foycik Jr.
Dec.4, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
You want your invention to become a really successful product. You want it to be patentable. But you're not sure how. No problem! Here is one of the best ways to do it.
You'll first want to find unusual new things – products or novelties in search of a use. You want really great things, the kind that will inspire your creativity: new electronics, new compounds, new physics, and novel compositions with unusual features.
Those things are easy to find in the patent category for toys and novelties, because that is the haven for inventions in search of utility. Why? Because of the US Patent requirement for utility: no utility, no patent. So, if your utility is unknown, yet the invention seems interesting in some way, the easiest utility is as a toy or amusement device.
But how can you see those things conveniently? That's so easy – use an online search by class/subclass using the patent office web site. At the US Patent Office site, do a search by Class/Subclass. For toys, the Class is 446. Subclasses are by topic, for example 446/15 is for toys with soap bubbles.
Read more >> http://internationalpatentservice.com/Great-Ways-to-Invent-Get-Incredible-Features-In-Your-Invention.html
Dec.4, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
You want your invention to become a really successful product. You want it to be patentable. But you're not sure how. No problem! Here is one of the best ways to do it.
You'll first want to find unusual new things – products or novelties in search of a use. You want really great things, the kind that will inspire your creativity: new electronics, new compounds, new physics, and novel compositions with unusual features.
Those things are easy to find in the patent category for toys and novelties, because that is the haven for inventions in search of utility. Why? Because of the US Patent requirement for utility: no utility, no patent. So, if your utility is unknown, yet the invention seems interesting in some way, the easiest utility is as a toy or amusement device.
But how can you see those things conveniently? That's so easy – use an online search by class/subclass using the patent office web site. At the US Patent Office site, do a search by Class/Subclass. For toys, the Class is 446. Subclasses are by topic, for example 446/15 is for toys with soap bubbles.
Read more >> http://internationalpatentservice.com/Great-Ways-to-Invent-Get-Incredible-Features-In-Your-Invention.html
Patents in Asia-Pacific 2019/2020: The new innovation battleground
By: Jacob Schindler
Asia is the centre of the IP world, accounting for two-thirds of all patent, trademark and industrial design applications filed last year according to WIPO. Its importance will only grow as Chinese companies – already the world’s most prolific patent filers – continue to mature and tech firms from emerging markets seek to replicate their remarkable IP rise. Thinking about the future of patents in Asia, three key jurisdictions stand out. First is China, which as mentioned has already attained numerical supremacy in the patent world. The attempt of its leaders to shift towards a system that emphasises quality is a major initiative that could reshape the innovation landscape but will this effort survive a major trade standoff in which IP protection has become a crucial point of contention? The second place that patent owners are studying much more carefully is India. The country is a major engine of innovation, home to research and engineering campuses for some of global tech’s biggest players. For all that, India’s own companies have generated only a small volume of patent output compared to their peers across the region. But improving patent office efficiency and an uptick in enforcement through the courts are increasingly giving India a bigger role to play in patent strategies.
Read more >> https://www.iam-media.com/patents-asia-pacific-20192020-new-innovation-battleground
Asia is the centre of the IP world, accounting for two-thirds of all patent, trademark and industrial design applications filed last year according to WIPO. Its importance will only grow as Chinese companies – already the world’s most prolific patent filers – continue to mature and tech firms from emerging markets seek to replicate their remarkable IP rise. Thinking about the future of patents in Asia, three key jurisdictions stand out. First is China, which as mentioned has already attained numerical supremacy in the patent world. The attempt of its leaders to shift towards a system that emphasises quality is a major initiative that could reshape the innovation landscape but will this effort survive a major trade standoff in which IP protection has become a crucial point of contention? The second place that patent owners are studying much more carefully is India. The country is a major engine of innovation, home to research and engineering campuses for some of global tech’s biggest players. For all that, India’s own companies have generated only a small volume of patent output compared to their peers across the region. But improving patent office efficiency and an uptick in enforcement through the courts are increasingly giving India a bigger role to play in patent strategies.
Read more >> https://www.iam-media.com/patents-asia-pacific-20192020-new-innovation-battleground
Costly Misconceptions About NDA's (Non-Disclosure Agreements)
By: Michael J Foycik Jr.
Dec.1, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
You (the owner) has an invention, a business idea, or a trade secret. To develop your invention, start a business, or talk with investors, you'll need to share information with these recipients, and you'll want protection before showing them anything. Many think an NDA (Non-Disclosure Agreement) will solve this problem, but there are major pitfalls to avoid. And, an NDA might not be the best solution anyway.
The biggest misconception, in my view: an NDA is intended to protect and help the owner of the invention, business idea, or trade secret. An NDA is much more likely to protect the recipient of the information, and not the owner. Let's see why that may be true.
Many NDA's provide for arbitration as a remedy rather than litigation, but that only benefits the richer party. Why? A court action can be filed for free or at very low cost, but an arbitration usually requires the payment of substantial fees up front, and more fees at later stages. When the recipient is a relatively substantial corporation or business, such fees may seem small, but to an individual or small businessperson such fees may be too great and they cannot enforce the NDA.
Read more >> http://internationalpatentservice.com/Costly-Misconceptions-About-NDA.html
Dec.1, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
You (the owner) has an invention, a business idea, or a trade secret. To develop your invention, start a business, or talk with investors, you'll need to share information with these recipients, and you'll want protection before showing them anything. Many think an NDA (Non-Disclosure Agreement) will solve this problem, but there are major pitfalls to avoid. And, an NDA might not be the best solution anyway.
The biggest misconception, in my view: an NDA is intended to protect and help the owner of the invention, business idea, or trade secret. An NDA is much more likely to protect the recipient of the information, and not the owner. Let's see why that may be true.
Many NDA's provide for arbitration as a remedy rather than litigation, but that only benefits the richer party. Why? A court action can be filed for free or at very low cost, but an arbitration usually requires the payment of substantial fees up front, and more fees at later stages. When the recipient is a relatively substantial corporation or business, such fees may seem small, but to an individual or small businessperson such fees may be too great and they cannot enforce the NDA.
Read more >> http://internationalpatentservice.com/Costly-Misconceptions-About-NDA.html
A Guide To Keeping Your Intellectual Property Safe
By: Henry Comte Valasquez
Protecting intellectual property rights should be a top priority for a small business that creates new products. Intellectual property represents creations of the mind that have taken tangible forms such as writing or inventions. Written works are protected by copyrights, while inventions are protected by patents and names and symbols are protected by trademarks.
Patent Search
If you are introducing a new product to the market that is unlike anything that’s been marketed before, you should protect the invention with a patent or patent-pending status. A key step toward acquiring a patent is to conduct a patent search with the U.S. Patent and Trademark Office (USPTO). Find out if your new invention is similar to any patent of the past to avoid litigation. The process of filing a patent can take up to a few years.
Registering Works
An author can claim copyright ownership as soon as a piece of writing is presented to the public. Copyrights do not need to be registered with the Library of Congress, but it always helps in court cases to point to official registration dates of specific works. By registering the work you will be in a better position to litigate if someone infringes upon your writing. USPTO, as the name suggests, is the organization people turn to for registering a trademark.
Read more >> https://henrycomtevelasquez.com/a-guide-to-keeping-your-intellectual-property-safe/
Protecting intellectual property rights should be a top priority for a small business that creates new products. Intellectual property represents creations of the mind that have taken tangible forms such as writing or inventions. Written works are protected by copyrights, while inventions are protected by patents and names and symbols are protected by trademarks.
Patent Search
If you are introducing a new product to the market that is unlike anything that’s been marketed before, you should protect the invention with a patent or patent-pending status. A key step toward acquiring a patent is to conduct a patent search with the U.S. Patent and Trademark Office (USPTO). Find out if your new invention is similar to any patent of the past to avoid litigation. The process of filing a patent can take up to a few years.
Registering Works
An author can claim copyright ownership as soon as a piece of writing is presented to the public. Copyrights do not need to be registered with the Library of Congress, but it always helps in court cases to point to official registration dates of specific works. By registering the work you will be in a better position to litigate if someone infringes upon your writing. USPTO, as the name suggests, is the organization people turn to for registering a trademark.
Read more >> https://henrycomtevelasquez.com/a-guide-to-keeping-your-intellectual-property-safe/
Patent Assignments - What Inventors Should Know
By: Michael J Foycik Jr.
Nov.29, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
If you're an inventor who is considering signing an Assignment of a patent or patent application, there are a few things you may want to know. Most questions concern the language of the Assignment itself, namely the promise to assign future improvements and to sign new patent applications related to the invention.
The typical Assignment includes language assigning the invention to the new owner (called the Assignee). That new owner is usually either an employer or someone who wishes to purchase the rights to the invention. For that new owner, some of the value of the invention may reside in the ability to file more patent applications, to make a family of products.
For example, let's say the invention is a big success; the new owner will surely want to file more patent applications for any likely variations that a competitor might try. And, let's say the original inventor has moved on to a new company or a new business. How much of a burden will be on that inventor, under the terms of the typical Assignment? And, what about new inventions the inventor later makes – will those need to be assigned to the new owner under the terms of the original Assignment?
The key to answering the above and other questions is in understanding the legal meaning of the term “invention” in the original Assignment. The term “invention” must necessarily refer to the invention as shown and described in the patent application, and to any “obvious” variations. Because the courts generally define the word “invention” in this manner, it would appear that the inventor's future obligations should not be overly burdensome.
Read more >> http://internationalpatentservice.com/Patent-Assignments-What-Inventors-Should-Know.html
Nov.29, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
If you're an inventor who is considering signing an Assignment of a patent or patent application, there are a few things you may want to know. Most questions concern the language of the Assignment itself, namely the promise to assign future improvements and to sign new patent applications related to the invention.
The typical Assignment includes language assigning the invention to the new owner (called the Assignee). That new owner is usually either an employer or someone who wishes to purchase the rights to the invention. For that new owner, some of the value of the invention may reside in the ability to file more patent applications, to make a family of products.
For example, let's say the invention is a big success; the new owner will surely want to file more patent applications for any likely variations that a competitor might try. And, let's say the original inventor has moved on to a new company or a new business. How much of a burden will be on that inventor, under the terms of the typical Assignment? And, what about new inventions the inventor later makes – will those need to be assigned to the new owner under the terms of the original Assignment?
The key to answering the above and other questions is in understanding the legal meaning of the term “invention” in the original Assignment. The term “invention” must necessarily refer to the invention as shown and described in the patent application, and to any “obvious” variations. Because the courts generally define the word “invention” in this manner, it would appear that the inventor's future obligations should not be overly burdensome.
Read more >> http://internationalpatentservice.com/Patent-Assignments-What-Inventors-Should-Know.html
Legal Hiccups To Avoid To Prevent Your Startup From Failing
By: Isabella Rossellini
Your startup will surely crash and will be crushed if you do not have your legal house in order to prevent the hiccups that startups usually experience. When you ask any entrepreneur about the main ingredients that ensure success for startups, they will often come up with one word or short answers that will primarily include:
> Courage
> Perseverance
> Dedication
> Hard work
> A proper plan and
> A top-notch team, so on and so forth.
Yes, all these qualities are essential to ensure success for a startup and there is no question about it that these will give the companies a fighting chance to service the highly competitive market out there.
Reasons entrepreneurs overlook it
However, most of the people tend to overlook the legal aspects thinking it to be a boring stuff. However, this is extremely vital because you may soon have to roll down the shutters if the legal aspects in not accurate, just as it ought to be.
Read more >> https://adzis.com/blog/legal-hiccups-avoid-prevent-startup-failing/
Your startup will surely crash and will be crushed if you do not have your legal house in order to prevent the hiccups that startups usually experience. When you ask any entrepreneur about the main ingredients that ensure success for startups, they will often come up with one word or short answers that will primarily include:
> Courage
> Perseverance
> Dedication
> Hard work
> A proper plan and
> A top-notch team, so on and so forth.
Yes, all these qualities are essential to ensure success for a startup and there is no question about it that these will give the companies a fighting chance to service the highly competitive market out there.
Reasons entrepreneurs overlook it
However, most of the people tend to overlook the legal aspects thinking it to be a boring stuff. However, this is extremely vital because you may soon have to roll down the shutters if the legal aspects in not accurate, just as it ought to be.
Read more >> https://adzis.com/blog/legal-hiccups-avoid-prevent-startup-failing/
Trade Secrets - Better Protection Than a Patent for New Products and Inventions?
By: Michael J Foycik Jr.
Nov.27, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
You can establish a trade secret overnight, but not a patent. A patent takes longer. And, even if you could, would it really provide much protection against copying by distributors, retailers, developers, or investors? Here's a surprisingly useful answer.
A trade secret has some big advantages. It is effective against anyone you have direct dealings with. The damages for a trade secret violation are not limited to direct damages – they can be large enough to justify legal action against even a small or token violation. This is very unlike a patent, where it is necessary to show actual, direct damages; those damages tend to be somewhat small; and where it can be quite difficult to obtain punitive damages.
So, why isn't there a “trade secret” office? And, why doesn't everyone go after a trade secret first, instead of a patent? Excellent questions. A patent protects your invention after it is no longer secret, and it affects strangers who may innocently infringe patent rights. So, a patent is very worthwhile, once you've gotten a good start. But until then, all you really have going for you are your trade secret rights.
Read more >> http://internationalpatentservice.com/Trade-Secrets-Better-Protection-Than-a-Patent-for-New-Products-and-Inventions.html
Nov.27, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
You can establish a trade secret overnight, but not a patent. A patent takes longer. And, even if you could, would it really provide much protection against copying by distributors, retailers, developers, or investors? Here's a surprisingly useful answer.
A trade secret has some big advantages. It is effective against anyone you have direct dealings with. The damages for a trade secret violation are not limited to direct damages – they can be large enough to justify legal action against even a small or token violation. This is very unlike a patent, where it is necessary to show actual, direct damages; those damages tend to be somewhat small; and where it can be quite difficult to obtain punitive damages.
So, why isn't there a “trade secret” office? And, why doesn't everyone go after a trade secret first, instead of a patent? Excellent questions. A patent protects your invention after it is no longer secret, and it affects strangers who may innocently infringe patent rights. So, a patent is very worthwhile, once you've gotten a good start. But until then, all you really have going for you are your trade secret rights.
Read more >> http://internationalpatentservice.com/Trade-Secrets-Better-Protection-Than-a-Patent-for-New-Products-and-Inventions.html
How to Use IP to Add Value to Your Startup
By: Patrick Jones
In the midst of the many things that go into starting a new business, it can be easy to overlook one of the most fundamental, and most valuable, aspects of any business: the protection of its intellectual property, or “IP.” And, even when the protection of IP is considered, protecting a startups can seem too expensive a proposition in light of limited resources.
What is “IP?”
The first questions a startup should ask are: What is “intellectual property,” and does my company have any “intellectual property” that can be protected and is worth protecting? The World Intellectual Property Organization (WIPO) defines “intellectual property” as “creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.” This may include the name of your company name or its brand, its logo, any patentable processes, and designs which enable your company to earn recognition or financial benefit from what it invents or creates.
There are three primary ways in which a startup (or any other entity) can protect its intellectual property: (1) patents, (2) trademarks, and (3) copyrights.
Read more >> https://www.upcounsel.com/blog/use-ip-add-value-startup
In the midst of the many things that go into starting a new business, it can be easy to overlook one of the most fundamental, and most valuable, aspects of any business: the protection of its intellectual property, or “IP.” And, even when the protection of IP is considered, protecting a startups can seem too expensive a proposition in light of limited resources.
What is “IP?”
The first questions a startup should ask are: What is “intellectual property,” and does my company have any “intellectual property” that can be protected and is worth protecting? The World Intellectual Property Organization (WIPO) defines “intellectual property” as “creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.” This may include the name of your company name or its brand, its logo, any patentable processes, and designs which enable your company to earn recognition or financial benefit from what it invents or creates.
There are three primary ways in which a startup (or any other entity) can protect its intellectual property: (1) patents, (2) trademarks, and (3) copyrights.
Read more >> https://www.upcounsel.com/blog/use-ip-add-value-startup
Trademark Application Tips, and Some Ways to Avoid Pitfalls
By: Michael J Foycik Jr.
Nov.26, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Filing a trademark application? That may seem easy, but mistakes can be costly later, during the examination phase. Here are a few helpful tips, and a few pitfalls to avoid.
After a trademark application is filed, the U.S. Trademark Office conducts an examination of the application. For example, if there is both an objection and a refusal to register the mark, then a response will be necessary to meet the objection and to overcome the refusal to register. This happens frequently, and an experienced trademark attorney will likely know just what to do when writing the response.
In my experience, it pays to respond to every office action. Many issues are within the range of discretion of the trademark examining attorney, and good legal arguments in support of the trademark may well be persuasive. Some firms charge substantial sums of money to prepare responses, and other firms might charge much less - therefore it may pay to shop around.
A helpful tip: before filing a trademark application, find a cost effective trademark attorney. It is wise to assume things may not always go smoothly or quickly.
Read more >> http://internationalpatentservice.com/Trademark-Application-Tips-and-Some-Ways-to-Avoid-Pitfalls.html
Nov.26, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Filing a trademark application? That may seem easy, but mistakes can be costly later, during the examination phase. Here are a few helpful tips, and a few pitfalls to avoid.
After a trademark application is filed, the U.S. Trademark Office conducts an examination of the application. For example, if there is both an objection and a refusal to register the mark, then a response will be necessary to meet the objection and to overcome the refusal to register. This happens frequently, and an experienced trademark attorney will likely know just what to do when writing the response.
In my experience, it pays to respond to every office action. Many issues are within the range of discretion of the trademark examining attorney, and good legal arguments in support of the trademark may well be persuasive. Some firms charge substantial sums of money to prepare responses, and other firms might charge much less - therefore it may pay to shop around.
A helpful tip: before filing a trademark application, find a cost effective trademark attorney. It is wise to assume things may not always go smoothly or quickly.
Read more >> http://internationalpatentservice.com/Trademark-Application-Tips-and-Some-Ways-to-Avoid-Pitfalls.html
Myths and Misconceptions About International Patent Applications
By: Michael J Foycik Jr.
Nov.26, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Wondering about filing an international patent application? There are some myths and misconceptions about international patent applications, including what that phrase even means. Let's talk about that.
Myth: an international patent application can be filed that, when granted, turns into a patent giving patent rights in all countries. Fact: there is no such thing. This is probably the biggest patent myth.
Misconception: a PCT application is like a US patent application, and can turn into an issued patent. Fact: a PCT application is more like a bookmark in time, holding the date for other, later applications called “national stage” applications. A short explanation about PCT applications is in the following paragraph.
Most would think “PCT application” (Patent Cooperation Treaty application) when talking about international patent applications. Yet it is not a traditional application in the usual sense of that word, and so is a little tricky to understand. A PCT application is like a US patent application in some ways: it grants “patent pending” status; it confers rights to its filing date as a priority date for filing other patent applications; and, it grants a period of time in which to file other patent applications. However, it is unlike a US patent application in that it does not directly mature into a patent, and the time period conferred is different.
Read more >> http://internationalpatentservice.com/Myths-and-Misconceptions-About-International-Patent-Applications.html
Nov.26, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Wondering about filing an international patent application? There are some myths and misconceptions about international patent applications, including what that phrase even means. Let's talk about that.
Myth: an international patent application can be filed that, when granted, turns into a patent giving patent rights in all countries. Fact: there is no such thing. This is probably the biggest patent myth.
Misconception: a PCT application is like a US patent application, and can turn into an issued patent. Fact: a PCT application is more like a bookmark in time, holding the date for other, later applications called “national stage” applications. A short explanation about PCT applications is in the following paragraph.
Most would think “PCT application” (Patent Cooperation Treaty application) when talking about international patent applications. Yet it is not a traditional application in the usual sense of that word, and so is a little tricky to understand. A PCT application is like a US patent application in some ways: it grants “patent pending” status; it confers rights to its filing date as a priority date for filing other patent applications; and, it grants a period of time in which to file other patent applications. However, it is unlike a US patent application in that it does not directly mature into a patent, and the time period conferred is different.
Read more >> http://internationalpatentservice.com/Myths-and-Misconceptions-About-International-Patent-Applications.html
The Problem of IPR Infringement in India’s Burgeoning Startup Ecosystem
By: Thehasin Nazia & Rajarshi Choudhuri
For a country of 1.3 billion people who pride themselves on ingenuity, entrepreneurial spirit, and innovative thinking, a significant percentage of the Indian population is woefully unaware of trademark infringement and intellectual property theft.
At the beginning of 2010, the Indian e-commerce scene was still in its nascent stage but within the next five years, the growth was unprecedented. This was a result of the rapid internet access proliferation combined with the telecom boom. The budget phone segment and the affordable data tariff pushed the tier-II and tier-III cities into the fore. Just to put things in perspective, according to recent studies, there are close to 600 million phone users in India with over 300 million smartphone owners, which is just 20 million shy of the population of the United States (as per 2018 records).
Read more >> https://www.ipwatchdog.com/2019/11/16/problem-ipr-infringement-indias-burgeoning-startup-ecosystem/id=116019/
For a country of 1.3 billion people who pride themselves on ingenuity, entrepreneurial spirit, and innovative thinking, a significant percentage of the Indian population is woefully unaware of trademark infringement and intellectual property theft.
At the beginning of 2010, the Indian e-commerce scene was still in its nascent stage but within the next five years, the growth was unprecedented. This was a result of the rapid internet access proliferation combined with the telecom boom. The budget phone segment and the affordable data tariff pushed the tier-II and tier-III cities into the fore. Just to put things in perspective, according to recent studies, there are close to 600 million phone users in India with over 300 million smartphone owners, which is just 20 million shy of the population of the United States (as per 2018 records).
Read more >> https://www.ipwatchdog.com/2019/11/16/problem-ipr-infringement-indias-burgeoning-startup-ecosystem/id=116019/
Why Your Startup Company Might Need an International Patent Application; an Attorney's View
By: Michael J Foycik Jr.
Nov 25, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Your startup company has a valuable invention, and you're considering filing a US Patent Application. But, you're wondering whether or not to file an International Patent Application. The answer to that depends on various factors, as follows.
Worried about foreign competitors sending infringing products into US market? Your US patent application can stop them at the border if your file a complaint with the US Customs Service and meet the requirements. So, if your market is strictly the US market, then you might not need an international patent application. That might include a PCT application or an EU application.
Expecting a big success, or have investors expecting a big success? Then you might just need an international patent application. That's because you may be exporting goods into other countries, and would want patent protection in those countries.
When going after international patent protection, there are several ways to go. There is a PCT (Patent Cooperation Treaty) filing, which gives a kind of patent pending status in any designated foreign countries for roughly 30 to 32 months. This will require a national stage patent filing in the designated countries during that pendency.
Then there is an EU (European Union) patent filing, currently similar to the PCT filing. The EU application is changing for the better in the coming year, by including all EU member countries for a single filing. That is expected to represent a great cost savings. Previously, I might not have recommended an EU filing in all cases, but I expect to highly recommend the new EU filing once it is available.
Read more >> http://internationalpatentservice.com/Why-Your-Startup-Company-Might-Need.html
Nov 25, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Your startup company has a valuable invention, and you're considering filing a US Patent Application. But, you're wondering whether or not to file an International Patent Application. The answer to that depends on various factors, as follows.
Worried about foreign competitors sending infringing products into US market? Your US patent application can stop them at the border if your file a complaint with the US Customs Service and meet the requirements. So, if your market is strictly the US market, then you might not need an international patent application. That might include a PCT application or an EU application.
Expecting a big success, or have investors expecting a big success? Then you might just need an international patent application. That's because you may be exporting goods into other countries, and would want patent protection in those countries.
When going after international patent protection, there are several ways to go. There is a PCT (Patent Cooperation Treaty) filing, which gives a kind of patent pending status in any designated foreign countries for roughly 30 to 32 months. This will require a national stage patent filing in the designated countries during that pendency.
Then there is an EU (European Union) patent filing, currently similar to the PCT filing. The EU application is changing for the better in the coming year, by including all EU member countries for a single filing. That is expected to represent a great cost savings. Previously, I might not have recommended an EU filing in all cases, but I expect to highly recommend the new EU filing once it is available.
Read more >> http://internationalpatentservice.com/Why-Your-Startup-Company-Might-Need.html
Drake’s attempt to trademark Canada’s weed warning label hits a stop sign
By: Max A. Cherney
Drake’s attempt to trademark Canada’s warning label for marijuana appears to have failed, but not entirely because Canada owns the rights.
The U.S. Patent and Trademark Office informed the rapper Thursday that his attempt to trademark the symbol, originally reported by MarketWatch earlier this month, is legally rejected. The main reason for rejecting the application, however, was that another company actually has a trademark for the phrase “THC.”
Canada’s rights to the warning label were cited as a reason for the application may be denied for specific products containing marijuana with Tetrahydrocannabinol, commonly referred to as THC, a psychoactive component in cannabis. All the potential uses cited by Drake in his patent application — which focused on most kinds of apparel, such as clothing, shoes and various kinds of hats — were denied because another company has the trademark on the phrase THC.
Read more >> https://www.marketwatch.com/story/drakes-attempt-to-trademark-canadas-weed-warning-label-hits-a-stop-sign-2019-11-23
Drake’s attempt to trademark Canada’s warning label for marijuana appears to have failed, but not entirely because Canada owns the rights.
The U.S. Patent and Trademark Office informed the rapper Thursday that his attempt to trademark the symbol, originally reported by MarketWatch earlier this month, is legally rejected. The main reason for rejecting the application, however, was that another company actually has a trademark for the phrase “THC.”
Canada’s rights to the warning label were cited as a reason for the application may be denied for specific products containing marijuana with Tetrahydrocannabinol, commonly referred to as THC, a psychoactive component in cannabis. All the potential uses cited by Drake in his patent application — which focused on most kinds of apparel, such as clothing, shoes and various kinds of hats — were denied because another company has the trademark on the phrase THC.
Read more >> https://www.marketwatch.com/story/drakes-attempt-to-trademark-canadas-weed-warning-label-hits-a-stop-sign-2019-11-23
How to Make Money from a Patent
By: Michael J Foycik Jr.
Nov.24, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
I am often asked how to make money from a patent, and that is an excellent question. There is the commonly known answer, and a lesser known but more important answer. The common answer is, a patent can be licensed or assigned. A license is similar to renting the patent, whereas an assignment is a sale of the patent. A license can be sold to more than one company, for example.
The less commonly known answer, though, is far more important to inventors and businesses. This answer concerns the patent application, which is not issued as a patent but instead is still pending. Thus, it is known to provide “patent pending” status. The question of how to make money from a patent then becomes one of how to make money from a patent pending. This too is done by license or assignment.
Surprisingly, a pending patent application is easier to sell or market, and many companies prefer a pending patent. The reason for this is simple, if considering a company's reasons for obtaining a patent. A company makes the most profits from having a family of related products rather than a single product. A pending patent application give its own the right to file related patent applications for related products, usually through continuation-in-part applications, and so can end up protecting whole families of related products.
Read more >> http://internationalpatentservice.com/How-to-Make-Money-from-a-Patent.html
Nov.24, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
I am often asked how to make money from a patent, and that is an excellent question. There is the commonly known answer, and a lesser known but more important answer. The common answer is, a patent can be licensed or assigned. A license is similar to renting the patent, whereas an assignment is a sale of the patent. A license can be sold to more than one company, for example.
The less commonly known answer, though, is far more important to inventors and businesses. This answer concerns the patent application, which is not issued as a patent but instead is still pending. Thus, it is known to provide “patent pending” status. The question of how to make money from a patent then becomes one of how to make money from a patent pending. This too is done by license or assignment.
Surprisingly, a pending patent application is easier to sell or market, and many companies prefer a pending patent. The reason for this is simple, if considering a company's reasons for obtaining a patent. A company makes the most profits from having a family of related products rather than a single product. A pending patent application give its own the right to file related patent applications for related products, usually through continuation-in-part applications, and so can end up protecting whole families of related products.
Read more >> http://internationalpatentservice.com/How-to-Make-Money-from-a-Patent.html
Sony’s PS5 DualShock Controller Revealed In New Patent
By: Paul Tassi
Sony has finally filed its patents for the new PS5 DualShock Controller with the Japanese patent office, giving us our first look at the next generation of hardware.
It looks….pretty much the same.
The new PS5 DualShock does feature a few changes, a USB port, larger triggers and smaller sticks, but at first glance in these outline images, you’d be hard pressed to really see a difference between the two.
Most of the biggest changes to the DualShock are not external, as the overall layout is nearly identical, but rather internal, where Sony is using a new range of haptics that are meant to give more responsive, detailed feedback than ever, from slogging through mud to pulling a bow string. That’s something that isn’t going to be conveyed visually, but overall the design here seems to be “don’t mess with what works,” as has usually been the case with the DualShock over the years.
Read more >> https://www.forbes.com/sites/paultassi/2019/11/18/sonys-ps5-dualshock-controller-revealed-in-new-patent/#304aeade6fdc
Sony has finally filed its patents for the new PS5 DualShock Controller with the Japanese patent office, giving us our first look at the next generation of hardware.
It looks….pretty much the same.
The new PS5 DualShock does feature a few changes, a USB port, larger triggers and smaller sticks, but at first glance in these outline images, you’d be hard pressed to really see a difference between the two.
Most of the biggest changes to the DualShock are not external, as the overall layout is nearly identical, but rather internal, where Sony is using a new range of haptics that are meant to give more responsive, detailed feedback than ever, from slogging through mud to pulling a bow string. That’s something that isn’t going to be conveyed visually, but overall the design here seems to be “don’t mess with what works,” as has usually been the case with the DualShock over the years.
Read more >> https://www.forbes.com/sites/paultassi/2019/11/18/sonys-ps5-dualshock-controller-revealed-in-new-patent/#304aeade6fdc
What is Infringement
By: Michael J Foycik Jr.
Nov.21, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
There are three main types:
> trademark infringement
> patent infringement
> copyright infringement
Trademark Infringement
This occurs when one party uses a trademark that is confusingly close to a trademark owned by another. It is simple to decide in cases where one party has a registered federal trademark and is the senior user.
A federal trademark confers nationwide rights, and can be enforced in federal courts. A non-registered trademark may nonetheless confer common law trademark rights. Common law trademark rights are enforced in state courts.
It can sometimes be that simple, and trials tend to be relatively short. Often, however, the situation is not clear, and sometimes – especially where both trademarks are common law trademarks and are not federally registered - it is hard to determine who is the senior user. In those cases, it can also be hard to tell whether or not the senior user's rights are substantial enough to stop a competitor.
Contact us if you are concerned about any trademark infringement matter, for a free initial consultation. There is no risk or obligation.
Read more >> http://internationalpatentservice.com/What-is-Infringement.html
Nov.21, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
There are three main types:
> trademark infringement
> patent infringement
> copyright infringement
Trademark Infringement
This occurs when one party uses a trademark that is confusingly close to a trademark owned by another. It is simple to decide in cases where one party has a registered federal trademark and is the senior user.
A federal trademark confers nationwide rights, and can be enforced in federal courts. A non-registered trademark may nonetheless confer common law trademark rights. Common law trademark rights are enforced in state courts.
It can sometimes be that simple, and trials tend to be relatively short. Often, however, the situation is not clear, and sometimes – especially where both trademarks are common law trademarks and are not federally registered - it is hard to determine who is the senior user. In those cases, it can also be hard to tell whether or not the senior user's rights are substantial enough to stop a competitor.
Contact us if you are concerned about any trademark infringement matter, for a free initial consultation. There is no risk or obligation.
Read more >> http://internationalpatentservice.com/What-is-Infringement.html
Registering Your Slogan as a Trademark
By: Eric S. Wachspress
Slogans are registrable as trademarks as long as they are not merely informational or a common laudatory phrase or statement that would ordinarily be used in business or in the particular trade or industry. See Section 1209.03(s) of the U.S. Patent & Trademark Office’s Trademark Manual of Examining Procedure. Examples of such laudatory phrases or statements that would ordinarily be used in business and which have been refused registration included THE BEST BEER IN AMERICA, PROUDLY MADE IN USA & WHY PAY MORE!
Slogans are never registrable as copyrights because they contain an insufficient amount of authorship.
A copyright is a form of protection provided by the laws of the United States to the authors of “original works of authorship” that are fixed in a tangible form of expression and protects such works as literary works, computer programs, musical works, pictorial, graphic and sculptural works, motion pictures and sound recordings while a trademark would be any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods or services of one seller or provider from those of others, and to indicate the source of the goods or services.
Read more >> http://www.chicagotrademarkattorney.net/federally-registering-your-slogan-to-protect-it-and-selecting-a-slogan-to-give-your-product-a-strong-brand-identity/
Slogans are registrable as trademarks as long as they are not merely informational or a common laudatory phrase or statement that would ordinarily be used in business or in the particular trade or industry. See Section 1209.03(s) of the U.S. Patent & Trademark Office’s Trademark Manual of Examining Procedure. Examples of such laudatory phrases or statements that would ordinarily be used in business and which have been refused registration included THE BEST BEER IN AMERICA, PROUDLY MADE IN USA & WHY PAY MORE!
Slogans are never registrable as copyrights because they contain an insufficient amount of authorship.
A copyright is a form of protection provided by the laws of the United States to the authors of “original works of authorship” that are fixed in a tangible form of expression and protects such works as literary works, computer programs, musical works, pictorial, graphic and sculptural works, motion pictures and sound recordings while a trademark would be any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods or services of one seller or provider from those of others, and to indicate the source of the goods or services.
Read more >> http://www.chicagotrademarkattorney.net/federally-registering-your-slogan-to-protect-it-and-selecting-a-slogan-to-give-your-product-a-strong-brand-identity/
The AIA And Its Impact On The Independent Inventor
By: Michael J Foycik Jr.
Nov.19, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
The AIA And Its Impact On The Independent Inventor
By Michael Foycik ©2011
Used with permission.
The Leahy-Smith America Invents Act, AIA for short, proposes sweeping changes to the U.S. Patent legal system and to the U.S. Patent Office itself. The “first to file” provision is of the greatest importance to independent inventors. Most of the other changes are, more or less, administrative in nature, and will be covered in future articles. This article takes a brief look at the issues affecting the independent inventor, and especially the “first to file“ provision of the AIA.
Simply put, the “first to file” law would mean whoever is first to file a patent application will be deemed the true inventor. Sounds simple, but the law also provides for a possible “derivation proceeding” which would have a very limited scope.
What does this mean for the independent inventor? For one thing, it means even the best confidentiality agreements and NDAs (non-disclosure agreements) will have questionable value. It will be difficult, and very costly, to contest inventorship under the AIA. How costly? It depends, but even now the costs of contesting inventorship may be out of reach of most independent inventors; under the AIA, far greater hurdles will exist, and the cost will be higher.
Under the AIA, independent inventors would be well advised to first file a patent application (provisional or utility, either will suffice) before showing the invention to anyone.
Read more >> http://internationalpatentservice.com/The-Aia-And-Its-Impact-On-The-Independent-Inventor.html
Nov.19, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
The AIA And Its Impact On The Independent Inventor
By Michael Foycik ©2011
Used with permission.
The Leahy-Smith America Invents Act, AIA for short, proposes sweeping changes to the U.S. Patent legal system and to the U.S. Patent Office itself. The “first to file” provision is of the greatest importance to independent inventors. Most of the other changes are, more or less, administrative in nature, and will be covered in future articles. This article takes a brief look at the issues affecting the independent inventor, and especially the “first to file“ provision of the AIA.
Simply put, the “first to file” law would mean whoever is first to file a patent application will be deemed the true inventor. Sounds simple, but the law also provides for a possible “derivation proceeding” which would have a very limited scope.
What does this mean for the independent inventor? For one thing, it means even the best confidentiality agreements and NDAs (non-disclosure agreements) will have questionable value. It will be difficult, and very costly, to contest inventorship under the AIA. How costly? It depends, but even now the costs of contesting inventorship may be out of reach of most independent inventors; under the AIA, far greater hurdles will exist, and the cost will be higher.
Under the AIA, independent inventors would be well advised to first file a patent application (provisional or utility, either will suffice) before showing the invention to anyone.
Read more >> http://internationalpatentservice.com/The-Aia-And-Its-Impact-On-The-Independent-Inventor.html
A Quick Guide to Cannabis Patents: What You Need to Know
By: Bill Weinberg
Amid the quick expansion of the legal cannabis market, many cannabis growers and business owners are pushing to secure intellectual property rights for the strains and products they’ve created.
Cannabis patents currently exist in a still-clouded regulatory atmosphere thanks to federal prohibition, but it’s still possible to receive one — and the cannabis industry is certainly rising to the challenge to secure their own rights to continue cultivating strains that have long been part of the genetic and intellectual commons.
In the midst of this push for protecting cannabis intellectual property, there has been a rash of court cases and developments that have changed the foundation of cannabis patents in America. So what does it mean for the average cannabis consumer, who perhaps has heard to be wary of the day a patent-wielding Monsanto enters the cannabis industry?
Read more >> https://cannabisnow.com/a-quick-guide-to-cannabis-patents-what-you-need-to-know/
Amid the quick expansion of the legal cannabis market, many cannabis growers and business owners are pushing to secure intellectual property rights for the strains and products they’ve created.
Cannabis patents currently exist in a still-clouded regulatory atmosphere thanks to federal prohibition, but it’s still possible to receive one — and the cannabis industry is certainly rising to the challenge to secure their own rights to continue cultivating strains that have long been part of the genetic and intellectual commons.
In the midst of this push for protecting cannabis intellectual property, there has been a rash of court cases and developments that have changed the foundation of cannabis patents in America. So what does it mean for the average cannabis consumer, who perhaps has heard to be wary of the day a patent-wielding Monsanto enters the cannabis industry?
Read more >> https://cannabisnow.com/a-quick-guide-to-cannabis-patents-what-you-need-to-know/
Why Trademark
By: Michael J Foycik Jr.
Nov.18, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
WHY TRADEMARK. . .
> to sell a business
> to attract investors
> to stop competitors
> to protect a web site domain name
What you can trademark:
> a word, phrase, or slogan
> a logo or design
Competitors can trade on your good name. Unless, that is, you have strong trademark rights. And what rights are those? The best trademark rights would be based on a federally registered trademark.
If you want to protect your company's web site domain name, you will need to be able to prove trademark rights in the name itself. There is no surer way than ownership of a federally registered trademark, which can usually confer nationwide rights.
There are other trademark rights too: state registrations, and common law trademark rights. Those may be very worthwhile too, but may not have national scope.
Common law rights sometimes require proof of instances of actual confusion, but even then there is a question of proving priority, i.e. who was first.
Read more >> http://internationalpatentservice.com/Why-Trademark.html
Nov.18, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
WHY TRADEMARK. . .
> to sell a business
> to attract investors
> to stop competitors
> to protect a web site domain name
What you can trademark:
> a word, phrase, or slogan
> a logo or design
Competitors can trade on your good name. Unless, that is, you have strong trademark rights. And what rights are those? The best trademark rights would be based on a federally registered trademark.
If you want to protect your company's web site domain name, you will need to be able to prove trademark rights in the name itself. There is no surer way than ownership of a federally registered trademark, which can usually confer nationwide rights.
There are other trademark rights too: state registrations, and common law trademark rights. Those may be very worthwhile too, but may not have national scope.
Common law rights sometimes require proof of instances of actual confusion, but even then there is a question of proving priority, i.e. who was first.
Read more >> http://internationalpatentservice.com/Why-Trademark.html
Polsinelli Launches Seattle IP Team with Four Patent Attorneys
By: Stephanie Russell
Polsinelli has hired four female patent attorneys to launch a Seattle intellectual property team as part of a nationwide push to build its IP practice.
The new team is led by shareholders Emily C. Peyser and Margi Aoki and also includes counsel Katherine D. Lee and associate Jennifer Junkin. The lawyers previously practiced at the Seattle-based IP firm Christensen O’Connor Johnson Kindness.
“I’ve been watching Polsinelli because they have so many women in leadership and have been doing some exciting things around women in IP,” Peyser said. “The opportunity came up to join them and it was a really great platform.”
The firm plans to build the new Seattle IP team around this core group, who bring a wide range of experience in software, mechanical engineering, electrical engineering, chemical engineering and high tech.
Read more >> https://biglawbusiness.com/polsinelli-launches-seattle-ip-team-with-four-patent-attorneys
Polsinelli has hired four female patent attorneys to launch a Seattle intellectual property team as part of a nationwide push to build its IP practice.
The new team is led by shareholders Emily C. Peyser and Margi Aoki and also includes counsel Katherine D. Lee and associate Jennifer Junkin. The lawyers previously practiced at the Seattle-based IP firm Christensen O’Connor Johnson Kindness.
“I’ve been watching Polsinelli because they have so many women in leadership and have been doing some exciting things around women in IP,” Peyser said. “The opportunity came up to join them and it was a really great platform.”
The firm plans to build the new Seattle IP team around this core group, who bring a wide range of experience in software, mechanical engineering, electrical engineering, chemical engineering and high tech.
Read more >> https://biglawbusiness.com/polsinelli-launches-seattle-ip-team-with-four-patent-attorneys
Do I Need A Patent?
By: Michael J Foycik Jr.
Nov.13, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
When – and why - do you need a patent?
You need a patent:
> If you wish to stop others from copying your invention.
> If you wish to protect yourself from competitors who may copy your invention and then try to patent it themselves.
> If your product is in stores and you are challenged by a competitor who claims they have patent rights of their own.
> If having a unique new product would allow you to set a much higher selling price.
> If it is important to impress potential investors, customers or retailers.
> If you want to stop illegal copies of your products from entering the U.S.
> If you hope to sell your business for a profit. Patent rights are often the most important asset of a successful business.
> If you hope to license your patented product to others.
And, there may be other reasons, in particular cases, for having a patent.
And, there's more! A patent is based on a patent application. Even before a patent application issues as a patent, the pending patent application can also give important benefits. These are as follows.
Read more >> http://internationalpatentservice.com/do-i-need-a-patent.html
Nov.13, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
When – and why - do you need a patent?
You need a patent:
> If you wish to stop others from copying your invention.
> If you wish to protect yourself from competitors who may copy your invention and then try to patent it themselves.
> If your product is in stores and you are challenged by a competitor who claims they have patent rights of their own.
> If having a unique new product would allow you to set a much higher selling price.
> If it is important to impress potential investors, customers or retailers.
> If you want to stop illegal copies of your products from entering the U.S.
> If you hope to sell your business for a profit. Patent rights are often the most important asset of a successful business.
> If you hope to license your patented product to others.
And, there may be other reasons, in particular cases, for having a patent.
And, there's more! A patent is based on a patent application. Even before a patent application issues as a patent, the pending patent application can also give important benefits. These are as follows.
Read more >> http://internationalpatentservice.com/do-i-need-a-patent.html
Why Intellectual Property Protection Is Crucial For Startups
By: Dinesh Jotwani
> Patents level the playing field between startups and incumbents
> Investors are likely to invest in a startup that has patents in its name
> Unless a startup trademarks its logo, it may discover unscrupulous companies copying its logo
Nearly 90% of startups fail within their first five years. With the odds stacked against them, they need nearly everything to fall into place to succeed including Intellectual Property Rights.
A startup is essentially a disrupter. It disrupts an existing market by providing more convenient service, a service at a lower cost, or both. Every startup that enters a market believes it has a unique strategy. At the heart of every startup’s strategy is usually a technology and a clever name or attractive logo.
Read more >> https://inc42.com/resources/intellectual-property-protection-crucial-startups/
> Patents level the playing field between startups and incumbents
> Investors are likely to invest in a startup that has patents in its name
> Unless a startup trademarks its logo, it may discover unscrupulous companies copying its logo
Nearly 90% of startups fail within their first five years. With the odds stacked against them, they need nearly everything to fall into place to succeed including Intellectual Property Rights.
A startup is essentially a disrupter. It disrupts an existing market by providing more convenient service, a service at a lower cost, or both. Every startup that enters a market believes it has a unique strategy. At the heart of every startup’s strategy is usually a technology and a clever name or attractive logo.
Read more >> https://inc42.com/resources/intellectual-property-protection-crucial-startups/
Steps For Getting A Patent
By: Michael J Foycik Jr.
Nov. 10, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Steps For Getting a Patent
These are the basic steps for getting a patent.
First, file a patent application which describes and claims the invention.
Then, respond to any official actions received from the U.S. Patent Office. If the official action is a rejection, then a response will provide arguments in support of patentability and possibly changes to the claims.
Assuming the application is deemed patentable (the majority are), then a Notice of Allowance and Issue Fee Due is sent. Upon payment of the issue fee, a patent will issue.
It is that simple. This whole process can take anywhere from 12 months to 36 months, depending entirely on the U.S. Patent Examiner to which the application is officially assigned.
A more detailed explanation is as follows.
Preparing the patent application
First, you provide details about the invention, and we prepare a draft application together with draft drawings, for your review. This draft includes the claims, abstract, summary of the invention, background of the invention, and detailed description of the invention. We make any changes or additions you wish to make, at no additional charge. We charge half of the fixed service fee in advance for this draft.
Read more >> http://internationalpatentservice.com/steps-for-getting-a-patent.html
Nov. 10, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Steps For Getting a Patent
These are the basic steps for getting a patent.
First, file a patent application which describes and claims the invention.
Then, respond to any official actions received from the U.S. Patent Office. If the official action is a rejection, then a response will provide arguments in support of patentability and possibly changes to the claims.
Assuming the application is deemed patentable (the majority are), then a Notice of Allowance and Issue Fee Due is sent. Upon payment of the issue fee, a patent will issue.
It is that simple. This whole process can take anywhere from 12 months to 36 months, depending entirely on the U.S. Patent Examiner to which the application is officially assigned.
A more detailed explanation is as follows.
Preparing the patent application
First, you provide details about the invention, and we prepare a draft application together with draft drawings, for your review. This draft includes the claims, abstract, summary of the invention, background of the invention, and detailed description of the invention. We make any changes or additions you wish to make, at no additional charge. We charge half of the fixed service fee in advance for this draft.
Read more >> http://internationalpatentservice.com/steps-for-getting-a-patent.html
What You Should Know about Intellectual Property
By: Steve Cartwright
Modern technology has made it so much easier to get your materials out there. You can share ideas and pictures with the whole world and use it to make money. But just as it’s easier to share, it’s also easier to steal. That’s why it’s important to know the laws and protect yourself.
Before we talk about the laws behind intellectual property, we should probably talk about what intellectual property is. Intellectual property is anything that comes out of your head, whether it be an idea, writing, art, or a picture.
Just because someone can reproduce what you make doesn’t mean it’s legal for them to do so. Intellectual property can usually be divided into four categories: patents, trademarks, copyrights, and trade secrets.
While you’re likely heard all these terms, here’s a quick breakdown of exactly what they mean.
* Copyright. This protects items that are produced by the imagination, but are tangible, like books and songs. To be protected, you must apply for a copyright, which requires you to fill out forms, pay a fee, and provide a copy.
Read more >> https://website-designs.com/website-design/what-you-should-know-about-intellectual-property/
Modern technology has made it so much easier to get your materials out there. You can share ideas and pictures with the whole world and use it to make money. But just as it’s easier to share, it’s also easier to steal. That’s why it’s important to know the laws and protect yourself.
Before we talk about the laws behind intellectual property, we should probably talk about what intellectual property is. Intellectual property is anything that comes out of your head, whether it be an idea, writing, art, or a picture.
Just because someone can reproduce what you make doesn’t mean it’s legal for them to do so. Intellectual property can usually be divided into four categories: patents, trademarks, copyrights, and trade secrets.
While you’re likely heard all these terms, here’s a quick breakdown of exactly what they mean.
* Copyright. This protects items that are produced by the imagination, but are tangible, like books and songs. To be protected, you must apply for a copyright, which requires you to fill out forms, pay a fee, and provide a copy.
Read more >> https://website-designs.com/website-design/what-you-should-know-about-intellectual-property/
How to Get a Patent
By: Michael J Foycik Jr.
Nov. 5, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
How to Get a Patent
How to get a Patent? That’s a good question! The short and long answers are below.
The short answer is : In the US, file a US Utility Patent Application, or a US Design Patent Application. Note that a US Provisional Patent Application does not become a US Patent, but does give “patent pending” status.
And, do you need a US Patent Attorney? Yes and No. In theory, a patent application can be filed by the inventor. Due to the great number of legal technicalities and chances of losing rights by use of poor legal language or by failing to add the right legal language, most authorities believe it is by far the best course of action to have a US Patent Attorney prepare the patent application. Some very experienced inventors might prepare their own patent applications, although that is not common.
The longer answer is:
These are the basic steps for how to get a patent. For a Utility Patent, the goal is to get broad claims allowed by the US Patent Office, and which become part of an Issued Patent. The claims define the scope of what is legally protected by the issued patent.
The inventor should write a description of the invention, and make sketches or drawings which can show the invention. The description and drawings do not have to be very detailed, as long as they clearly explain what the inventor believes is new.
Read more >> http://internationalpatentservice.com/how-to-get-a-patent.html
Nov. 5, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
How to Get a Patent
How to get a Patent? That’s a good question! The short and long answers are below.
The short answer is : In the US, file a US Utility Patent Application, or a US Design Patent Application. Note that a US Provisional Patent Application does not become a US Patent, but does give “patent pending” status.
And, do you need a US Patent Attorney? Yes and No. In theory, a patent application can be filed by the inventor. Due to the great number of legal technicalities and chances of losing rights by use of poor legal language or by failing to add the right legal language, most authorities believe it is by far the best course of action to have a US Patent Attorney prepare the patent application. Some very experienced inventors might prepare their own patent applications, although that is not common.
The longer answer is:
These are the basic steps for how to get a patent. For a Utility Patent, the goal is to get broad claims allowed by the US Patent Office, and which become part of an Issued Patent. The claims define the scope of what is legally protected by the issued patent.
The inventor should write a description of the invention, and make sketches or drawings which can show the invention. The description and drawings do not have to be very detailed, as long as they clearly explain what the inventor believes is new.
Read more >> http://internationalpatentservice.com/how-to-get-a-patent.html
Why Is Every Startup A Bank These Days?
By: Alex Wilhelm, Natasha Mascarenhas
Nov. 3, 2019
Neo banks (a fancy term to describe upstart digital banks working on everything from savings and checking accounts to mobile debit cards) focus on bringing banking services to users both underbanked and not.
But, notably, it’s not just startups that started off life looking to build a neo bank who are building out banking-like services. In fact, so many startups are racing to offer banking tools that an early outline of this piece had to be amended to break the examples into several sections for the sake of bucketing and clarity.
In the coming weeks, we’ll explore more deeply why the startup banking gold-rush is under way. Today we’ll lay out the players and talk over the broad strokes of what’s going on.
Recent News
News broke earlier this month that Chime, a well-known startup that we’ve covered before, is in the process of raising new capital at what Axios pegged as a “valuation north of $5 billion.” The news wasn’t too surprising. Chime has been on a tear lately, raising a $200 million round this March, and $70 million the preceding May.
Read more >> https://news.crunchbase.com/news/why-is-every-startup-a-bank-these-days/
Nov. 3, 2019
Neo banks (a fancy term to describe upstart digital banks working on everything from savings and checking accounts to mobile debit cards) focus on bringing banking services to users both underbanked and not.
But, notably, it’s not just startups that started off life looking to build a neo bank who are building out banking-like services. In fact, so many startups are racing to offer banking tools that an early outline of this piece had to be amended to break the examples into several sections for the sake of bucketing and clarity.
In the coming weeks, we’ll explore more deeply why the startup banking gold-rush is under way. Today we’ll lay out the players and talk over the broad strokes of what’s going on.
Recent News
News broke earlier this month that Chime, a well-known startup that we’ve covered before, is in the process of raising new capital at what Axios pegged as a “valuation north of $5 billion.” The news wasn’t too surprising. Chime has been on a tear lately, raising a $200 million round this March, and $70 million the preceding May.
Read more >> https://news.crunchbase.com/news/why-is-every-startup-a-bank-these-days/
How Much Does A Patent Cost?
By: Michael J Foycik Jr.
Oct. 31, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
How 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.
Read more >> http://internationalpatentservice.com/how-much-does-a-patent-cost.html
Oct. 31, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
How 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.
Read more >> http://internationalpatentservice.com/how-much-does-a-patent-cost.html
U-M Tech Transfer Sets Records for Startups, Licenses, Patents, and Disclosures in 2019
By: Tim Keenan
The University of Michigan Tech Transfer in Ann Arbor today reported that 22 high-tech companies were started at the school during fiscal year 2019, up from 21 last year.
U-M Tech Transfer is the university unit responsible for commercializing research discoveries emanating from the college. U-M has spun off 86 companies in the past five years.
Also during the past fiscal year, the university signed a record 232 license and option agreements with companies seeking to commercialize U-M research, up from 218 in FY2018.
In addition, U-M Tech Transfer reports that 198 U.S. patents were issued in FY2019 for inventions created at U-M, up from 183 last year.
U-M invention disclosures surpassed 500 for the first time, reaching 502 and outpacing the 2018 record of 484. This represents a solid pipeline for potential future patents, licensing agreements and startups, according to Kelly Sexton, associate vice president for research-technology transfer and innovation partnerships at U-M. In the past five years, U-M researchers reported 2,280 inventions.
Read more >> https://www.dbusiness.com/daily-news/u-m-tech-transfer-sets-records-for-startups-licenses-patents-and-disclosures-in-2019/
The University of Michigan Tech Transfer in Ann Arbor today reported that 22 high-tech companies were started at the school during fiscal year 2019, up from 21 last year.
U-M Tech Transfer is the university unit responsible for commercializing research discoveries emanating from the college. U-M has spun off 86 companies in the past five years.
Also during the past fiscal year, the university signed a record 232 license and option agreements with companies seeking to commercialize U-M research, up from 218 in FY2018.
In addition, U-M Tech Transfer reports that 198 U.S. patents were issued in FY2019 for inventions created at U-M, up from 183 last year.
U-M invention disclosures surpassed 500 for the first time, reaching 502 and outpacing the 2018 record of 484. This represents a solid pipeline for potential future patents, licensing agreements and startups, according to Kelly Sexton, associate vice president for research-technology transfer and innovation partnerships at U-M. In the past five years, U-M researchers reported 2,280 inventions.
Read more >> https://www.dbusiness.com/daily-news/u-m-tech-transfer-sets-records-for-startups-licenses-patents-and-disclosures-in-2019/
Steps For Getting A Patent
By: Michael J Foycik Jr.
Oct.23, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Steps For Getting a Patent
These are the basic steps for getting a patent.
First, file a patent application which describes and claims the invention.
Then, respond to any official actions received from the U.S. Patent Office. If the official action is a rejection, then a response will provide arguments in support of patentability and possibly changes to the claims.
Assuming the application is deemed patentable (the majority are), then a Notice of Allowance and Issue Fee Due is sent. Upon payment of the issue fee, a patent will issue.
It is that simple. This whole process can take anywhere from 12 months to 36 months, depending entirely on the U.S. Patent Examiner to which the application is officially assigned.
A more detailed explanation is as follows.
Preparing the patent application
First, you provide details about the invention, and we prepare a draft application together with draft drawings, for your review. This draft includes the claims, abstract, summary of the invention, background of the invention, and detailed description of the invention. We make any changes or additions you wish to make, at no additional charge. We charge half of the fixed service fee in advance for this draft.
Read more >> http://internationalpatentservice.com/steps-for-getting-a-patent.html
Oct.23, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Steps For Getting a Patent
These are the basic steps for getting a patent.
First, file a patent application which describes and claims the invention.
Then, respond to any official actions received from the U.S. Patent Office. If the official action is a rejection, then a response will provide arguments in support of patentability and possibly changes to the claims.
Assuming the application is deemed patentable (the majority are), then a Notice of Allowance and Issue Fee Due is sent. Upon payment of the issue fee, a patent will issue.
It is that simple. This whole process can take anywhere from 12 months to 36 months, depending entirely on the U.S. Patent Examiner to which the application is officially assigned.
A more detailed explanation is as follows.
Preparing the patent application
First, you provide details about the invention, and we prepare a draft application together with draft drawings, for your review. This draft includes the claims, abstract, summary of the invention, background of the invention, and detailed description of the invention. We make any changes or additions you wish to make, at no additional charge. We charge half of the fixed service fee in advance for this draft.
Read more >> http://internationalpatentservice.com/steps-for-getting-a-patent.html
How to protect your Intellectual Property as a startup or scale up
By: Chloe Mckenna
It's so easy to overlook your intellectual property when you're a startup. Even companies who've been in business for a while but are scaling up can easily forget just how important it is to protect yourself and your business. So, how do you even begin to go about protecting it and what's involved?
Your intellectual property is one of your most valuable assets. Not only does it give your company its true value, but it also helps create brand recognition and sets you apart from your competitors. Without it, you can't differentiate yourself from the rest. So that's why business owners are realising just how valuable it is and taking steps to protect it.
So it's no surprise that legal claims made over the last 12 months by small to medium enterprises have risen significantly by 68%. If you're new to business and have no clue how to even register your intellectual property, read on to find out.
Read more >> https://www.capalona.co.uk/blog/how-to-protect-your-intellectual-property-as-a-startup-or-scale-up/
It's so easy to overlook your intellectual property when you're a startup. Even companies who've been in business for a while but are scaling up can easily forget just how important it is to protect yourself and your business. So, how do you even begin to go about protecting it and what's involved?
Your intellectual property is one of your most valuable assets. Not only does it give your company its true value, but it also helps create brand recognition and sets you apart from your competitors. Without it, you can't differentiate yourself from the rest. So that's why business owners are realising just how valuable it is and taking steps to protect it.
So it's no surprise that legal claims made over the last 12 months by small to medium enterprises have risen significantly by 68%. If you're new to business and have no clue how to even register your intellectual property, read on to find out.
Read more >> https://www.capalona.co.uk/blog/how-to-protect-your-intellectual-property-as-a-startup-or-scale-up/
International Trademark Classes
By: Michael J Foycik Jr.
Oct.20, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
International Trademark Classes
INTERNATIONAL TRADEMARK CLASSES OF GOODS AND SERVICES
GOODS
Class 1 - Chemicals
Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry.
Class 2 - Paints
Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists.
Class 3 - Cosmetics and cleaning preparations
Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.
Class 4 - Lubricants and fuels
Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles, wicks.
Read more >> http://internationalpatentservice.com/trademark-classes.html
Oct.20, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
International Trademark Classes
INTERNATIONAL TRADEMARK CLASSES OF GOODS AND SERVICES
GOODS
Class 1 - Chemicals
Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry.
Class 2 - Paints
Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists.
Class 3 - Cosmetics and cleaning preparations
Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.
Class 4 - Lubricants and fuels
Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles, wicks.
Read more >> http://internationalpatentservice.com/trademark-classes.html
Intellectual Property – how to identify it, capture it, articulate it and capitalize it
By: Afshin Doust
Intellectual Property (IP) refers to an innovation of the mind, and as such it encompasses creative ideas permeating the worlds of art and commerce. Originality is its substance; teleology is its element.
IP represents a specific category of property comprising intangible products of intellect which fall into two broad categories.
> Industrial knowledge—examples include patents, trademarks and industrial designs, for which creators can file an application asking government to register innovations as their exclusive property.
> Copyrighted material—examples include literature, film, television programming, works of art, web content, software, music and architecture, the creation of which qualifies for automatic legal protection within most jurisdictions.
As the Fourth Industrial Revolution gains momentum, innovators are facing more competition as well as increased time constraints. R&D remains essential to progress, but the shrinking world of information exchange and the re-emergence of consumers as economic commanders has shifted productive efforts away from foundational research and toward optimizing Time To Market (TTM) metrics. The open innovation platforms of last century are yielding to lean business processes and open-source experimentation where both costs and benefits are shared among multiple stakeholders.
Read more >> https://www.ai-systems.ca/2019/10/intellectual-property-how-to-identify-it-capture-it-articulate-it-and-capitalize-it/
Intellectual Property (IP) refers to an innovation of the mind, and as such it encompasses creative ideas permeating the worlds of art and commerce. Originality is its substance; teleology is its element.
IP represents a specific category of property comprising intangible products of intellect which fall into two broad categories.
> Industrial knowledge—examples include patents, trademarks and industrial designs, for which creators can file an application asking government to register innovations as their exclusive property.
> Copyrighted material—examples include literature, film, television programming, works of art, web content, software, music and architecture, the creation of which qualifies for automatic legal protection within most jurisdictions.
As the Fourth Industrial Revolution gains momentum, innovators are facing more competition as well as increased time constraints. R&D remains essential to progress, but the shrinking world of information exchange and the re-emergence of consumers as economic commanders has shifted productive efforts away from foundational research and toward optimizing Time To Market (TTM) metrics. The open innovation platforms of last century are yielding to lean business processes and open-source experimentation where both costs and benefits are shared among multiple stakeholders.
Read more >> https://www.ai-systems.ca/2019/10/intellectual-property-how-to-identify-it-capture-it-articulate-it-and-capitalize-it/
How to Patent a Design
By: Michael J Foycik Jr.
Oct. 17, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
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.
Read more >> http://internationalpatentservice.com/How-to-Patent-a-Design.html
Oct. 17, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
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.
Read more >> http://internationalpatentservice.com/How-to-Patent-a-Design.html
Intellectual Property Law: 5 Imperative Things Startups Need to Know
By: Kashish IPR
Intellectual Property (IP) appears to be one of the most valuable assets for almost every startup. That’s why many startups put the Intellectual Property Protection on top of their priorities. In addition to protecting products and services, these protections can influence the owners’ confidence and fundraising efforts. In other words, IP protection bestows businesses and entrepreneurs with a tremendous sense of confidence and passion to not only succeed but also become a leader in the relevant area.
Like other entrepreneurs and businesses, you must also want to achieve long-term success and secure your valuable ideas, products, or more under IP protection. Well, if it is true, then there is a need to familiarize yourself with some significant components of Intellectual Property Law.
Top 5 Things Startups Need to Know About IP Law
> Types of Intellectual Property Rights (IPRs)
In the IP industry, there are many types of IPRs. Each of these rights safeguards a specific category of assets. In general, IPRs fall under four categories named as patents, trademarks, trade secrets, and copyrights. Patents empower the original inventor to prevent others from copying, making, or selling his invention. Copyrights provide the exclusive rights to protect original works of authorship such as literature, images, or software. Trademarks secure the unique words, symbols, and designs that distinguish your brand from others. Trade secrets come into action when you hold any special “secret” manufacturing method that gives your startup a competitive advantage in the marketplace.
Read more >> https://kashishipr.wordpress.com/2019/10/14/intellectual-property-law-5-imperative-things-startups-need-to-know/
Intellectual Property (IP) appears to be one of the most valuable assets for almost every startup. That’s why many startups put the Intellectual Property Protection on top of their priorities. In addition to protecting products and services, these protections can influence the owners’ confidence and fundraising efforts. In other words, IP protection bestows businesses and entrepreneurs with a tremendous sense of confidence and passion to not only succeed but also become a leader in the relevant area.
Like other entrepreneurs and businesses, you must also want to achieve long-term success and secure your valuable ideas, products, or more under IP protection. Well, if it is true, then there is a need to familiarize yourself with some significant components of Intellectual Property Law.
Top 5 Things Startups Need to Know About IP Law
> Types of Intellectual Property Rights (IPRs)
In the IP industry, there are many types of IPRs. Each of these rights safeguards a specific category of assets. In general, IPRs fall under four categories named as patents, trademarks, trade secrets, and copyrights. Patents empower the original inventor to prevent others from copying, making, or selling his invention. Copyrights provide the exclusive rights to protect original works of authorship such as literature, images, or software. Trademarks secure the unique words, symbols, and designs that distinguish your brand from others. Trade secrets come into action when you hold any special “secret” manufacturing method that gives your startup a competitive advantage in the marketplace.
Read more >> https://kashishipr.wordpress.com/2019/10/14/intellectual-property-law-5-imperative-things-startups-need-to-know/
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.”
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.”
Read more >> http://internationalpatentservice.com/How-to-Patent-a-Program.html
Trademark, Patent, and Copyright: What’s the difference and does my business need them?
By: Jesse
You’ve likely heard the words trademark, patent, and copyright. Have you ever wondered what the difference is and if you will need any of these when you’re starting a business? We are going to break it down for you so you know exactly what they are and where to get started!
Trademarks
According to the United States Patent and Trademark Office (USPTO), “a trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others. A service mark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of a service rather than goods”. However, the word trademark is often used interchangeably. Basically, a trademark (or service mark) shows others that you and/or your business are the owner of the word, phrase symbol, or design. When others see it, they will be able to exclusively associate it with the service or goods you sell. (For simplicity in this article, we will use a business name as the sample item desired to be trademarked.)
What does this mean for my business? If you want your business name to be exclusively associated with your business throughout the US, you need to federally trademark it to protect your legal rights to ownership of the name and prevent others from using the same name. Under certain circumstances, another company could have the same name and both business will be able to federally trademark it. This will be determined by the USPTO and happens if it can be shown that the two businesses offer completely different types of products. (Example: One company sells hair care products and the other sells accounting software.) When starting a business and creating your business brand, you may want to check the USPTO trademark database to see if your desired names, phrases, etc. have already been trademarked by someone else. Should you decide to pursue federal trademark registration, the forms will also be found on this site. Although it’s not necessary, you may find hiring a lawyer to be worthwhile!
Read more >> https://blog.zubifi.com/news/2019/09/trademark-patent-and-copyright-whats-the-difference-and-does-my-business-need-them/
You’ve likely heard the words trademark, patent, and copyright. Have you ever wondered what the difference is and if you will need any of these when you’re starting a business? We are going to break it down for you so you know exactly what they are and where to get started!
Trademarks
According to the United States Patent and Trademark Office (USPTO), “a trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others. A service mark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of a service rather than goods”. However, the word trademark is often used interchangeably. Basically, a trademark (or service mark) shows others that you and/or your business are the owner of the word, phrase symbol, or design. When others see it, they will be able to exclusively associate it with the service or goods you sell. (For simplicity in this article, we will use a business name as the sample item desired to be trademarked.)
What does this mean for my business? If you want your business name to be exclusively associated with your business throughout the US, you need to federally trademark it to protect your legal rights to ownership of the name and prevent others from using the same name. Under certain circumstances, another company could have the same name and both business will be able to federally trademark it. This will be determined by the USPTO and happens if it can be shown that the two businesses offer completely different types of products. (Example: One company sells hair care products and the other sells accounting software.) When starting a business and creating your business brand, you may want to check the USPTO trademark database to see if your desired names, phrases, etc. have already been trademarked by someone else. Should you decide to pursue federal trademark registration, the forms will also be found on this site. Although it’s not necessary, you may find hiring a lawyer to be worthwhile!
Read more >> https://blog.zubifi.com/news/2019/09/trademark-patent-and-copyright-whats-the-difference-and-does-my-business-need-them/
How to Patent a Provisional Patent Application
By: Michael J Foycik Jr.
Oct.02
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 provisional patent application
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.
A slightly better title would be “How to Get a Provisional Patent Application.“ That would be more correct, as explained below. It is easy to get a provisional patent application, which gives “patent pending” status but cannot in itself be “patented.” Instead, a provisional patent application holds the date (as the date of filing), protects the owner against later copiers, and permits later filing of a utility (“regular”) patent application.
Why get a Provisional Patent Application? It is less costly, and has a lower government filing fee, as compared with a utility patent application. It takes less effort to prepare, and needs no formal drawings and no signed Declaration.
Anything can be the subject of a provisional patent application. It provides defensive protection against later imitators. And, it can be the basis of a later utility patent application. It’s very useful to get a provisional patent application!
So what's the catch? The catch is, the provisional patent application lasts for only one year, after which the idea belongs to the public unless a utility patent application has been filed during that year.
Read more >> http://internationalpatentservice.com/How-to-Patent-a-Provisional-Patent-Application.html
Oct.02
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 provisional patent application
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.
A slightly better title would be “How to Get a Provisional Patent Application.“ That would be more correct, as explained below. It is easy to get a provisional patent application, which gives “patent pending” status but cannot in itself be “patented.” Instead, a provisional patent application holds the date (as the date of filing), protects the owner against later copiers, and permits later filing of a utility (“regular”) patent application.
Why get a Provisional Patent Application? It is less costly, and has a lower government filing fee, as compared with a utility patent application. It takes less effort to prepare, and needs no formal drawings and no signed Declaration.
Anything can be the subject of a provisional patent application. It provides defensive protection against later imitators. And, it can be the basis of a later utility patent application. It’s very useful to get a provisional patent application!
So what's the catch? The catch is, the provisional patent application lasts for only one year, after which the idea belongs to the public unless a utility patent application has been filed during that year.
Read more >> http://internationalpatentservice.com/How-to-Patent-a-Provisional-Patent-Application.html
How to protect your Intellectual Property as a startup or scale up
By: Chloe Mckenna
It's so easy to overlook your intellectual property when you're a startup. Even companies who've been in business for a while but are scaling up can easily forget just how important it is to protect yourself and your business. So, how do you even begin to go about protecting it and what's involved?
Your intellectual property is one of your most valuable assets. Not only does it give your company its true value, but it also helps create brand recognition and sets you apart from your competitors. Without it, you can't differentiate yourself from the rest. So that's why business owners are realising just how valuable it is and taking steps to protect it.
So it's no surprise that legal claims made over the last 12 months by small to medium enterprises have risen significantly by 68%. If you're new to business and have no clue how to even register your intellectual property, read on to find out.
Read more >> https://www.capalona.co.uk/news/how-to-protect-your-intellectual-property-as-a-startup-or-scale-up/
It's so easy to overlook your intellectual property when you're a startup. Even companies who've been in business for a while but are scaling up can easily forget just how important it is to protect yourself and your business. So, how do you even begin to go about protecting it and what's involved?
Your intellectual property is one of your most valuable assets. Not only does it give your company its true value, but it also helps create brand recognition and sets you apart from your competitors. Without it, you can't differentiate yourself from the rest. So that's why business owners are realising just how valuable it is and taking steps to protect it.
So it's no surprise that legal claims made over the last 12 months by small to medium enterprises have risen significantly by 68%. If you're new to business and have no clue how to even register your intellectual property, read on to find out.
Read more >> https://www.capalona.co.uk/news/how-to-protect-your-intellectual-property-as-a-startup-or-scale-up/
How to Patent
By:Michael J Foycik Jr.
Sept.29, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
An idea or any useful device or method
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.
Introduction and types of patent
Many types of ideas can be patented. Anything that has a function or use can be patented. Also, patent protection can cover many (but not all) types of business methods, most types of computer programs, new methods and processes, new chemicals and compounds, and new materials or new uses for old materials. Where the invention is for a design feature or an ornamental cover or casing, for example, then a design patent is the best way of protecting the invention. How to get a design patent, and how to patent a design, is explained in a separate section below.
How to Patent an Idea
An idea can best be protected by a utility patent application. This is also sometimes called a “regular” patent application. The idea can be explained in words and, if possible, by drawings. The drawings do not need to be like blueprints; instead, they are simplified and do not usually have to show conventional features. And, it is not necessary to have a working model.
Before getting into the details, we would like to mention that there is also something called a “provisional patent application” discussed hereunder. It gives patent pending status for one year, permitting a utility patent application to be filed at any time during that year. That is another way to get a patent. The provisional application is much less expensive than a utility patent application, and can be recommended when there is an urgent need to get a patent application on file with the US Patent Office. For example, just prior to a trade show or publication of the invention, there is an urgent need to have the idea on file with the US Patent Office. For further information, see the section below called “How to patent using a provisional patent application.”
Read more >> http://internationalpatentservice.com/How-to-Patent.html
Sept.29, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
An idea or any useful device or method
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.
Introduction and types of patent
Many types of ideas can be patented. Anything that has a function or use can be patented. Also, patent protection can cover many (but not all) types of business methods, most types of computer programs, new methods and processes, new chemicals and compounds, and new materials or new uses for old materials. Where the invention is for a design feature or an ornamental cover or casing, for example, then a design patent is the best way of protecting the invention. How to get a design patent, and how to patent a design, is explained in a separate section below.
How to Patent an Idea
An idea can best be protected by a utility patent application. This is also sometimes called a “regular” patent application. The idea can be explained in words and, if possible, by drawings. The drawings do not need to be like blueprints; instead, they are simplified and do not usually have to show conventional features. And, it is not necessary to have a working model.
Before getting into the details, we would like to mention that there is also something called a “provisional patent application” discussed hereunder. It gives patent pending status for one year, permitting a utility patent application to be filed at any time during that year. That is another way to get a patent. The provisional application is much less expensive than a utility patent application, and can be recommended when there is an urgent need to get a patent application on file with the US Patent Office. For example, just prior to a trade show or publication of the invention, there is an urgent need to have the idea on file with the US Patent Office. For further information, see the section below called “How to patent using a provisional patent application.”
Read more >> http://internationalpatentservice.com/How-to-Patent.html
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