By: ROBERT CERASA
Every week, we will be highlighting the top patent, copyright, trademark, intellectual property, etc. stories of the previous week in our “In Case You Missed It” segment. The list itself is in no particular order and includes a wide range of stories from the patent world that are informative, noteworthy, or just plain bizarre. The stories included encompass everything from Supreme Court cases to insights into emerging industries. Please feel free to comment your thoughts on the stories or share an important one we missed!
1.) “Google Asks Supreme Court to Overrule Disastrous Ruling on API Copyrights”
An application programming interface, commonly referred to as an “API,” is arguably the most important part of any software or application. API’s allow software components to exchange information with one another and relay requested data back to the user. As the “Internet of Things (IoT)” and cloud computing become more prominent in our lives, devices requiring API’s become more complicated as laws catch up.
Up until 2014, API’s were presumed to be “free-range” and not copyrightable in the techsphere. That is until a Federal Circuit Appeals Court decision changed that notion. The judge in that bombshell 2014 case reversed a ruling that Oracle’s Java API’s were not protected by copyright, declaring “the code and the structure, sequence, and organization of the API packages are entitled to copyright protection.”
On Thursday however, Google asked the Supreme Court in a petition to overturn the 2014 and succeeding decisions. “The Federal Circuit’s approach will upend the longstanding expectation of software developers that they are free to use existing software interfaces to build new computer programs,” Google states in their petition.
In a subsequent blog post by Google’s Chief Legal Officer Kent Walker, Walker argues the earlier rulings were not reflective of the purpose of copyrights. “The U.S. Constitution authorized copyrights to ‘promote the progress of science and useful arts,’ not to impede creativity or promote lock-in of software platforms,” he says.
The implications are beyond just impeding creativity. Such a continued policy of restrictive API copyrights would hamper software innovation and leave many developers open to legal liabilities. Other consequences would be a rise in API patent trolls and incompatible software as developers attempt to avoid any legal landmines posed by other programs. The rulings have already meant there is a lot of software out there currently violating copyrights based on their incorporation of third party API’s.
This is Google’s last hope for overturning the decision and the company is getting a lot of support from the developer community. To read more about this story, click here (via ARS Technica, January 25th, 2019)
3.) “U.S. Top Court Rejects Helsinn Over Anti-Nausea Drug Patent in Win for Teva”
Last Tuesday, the Supreme Court unanimously upheld a decision to cancel Helsinn Healthcare S.A.’s patent on the anti-nausea drug Aloxi. The justification stems from a violation by Helsinn of a provision in U.S. patent law (specifically, in the America Invents Act) that forbids the sale of an invention to a third party prior to applying for a patent on it. The suit questioned whether confidential sales between parties qualify as “prior art” or not.
In 2001, Helsinn entered into an agreement with another pharmaceutical company, MGI Pharma Inc., to distribute the drug in the U.S. Despite publicly announcing the agreement, the two did not disclose the invention itself. When Helsinn applied for a patent for the drug more than a year later, they were denied due to passing the one year grace period for eligibility after a sale.
Read more >> https://www.lotempiolaw.com/2019/01/blog-2/top-patent-trademark-ip-stories-1-21-19/
How to Patent a Plant Species
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 plant species
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.
This is very rare, but can be done! The inventive species is identified.
First, a drawing is made showing the inventive species. This is best done by a color photograph.
A claim or claims and an abstract would be added. And, standard text is added including sections titled: background of the invention; summary of the invention; brief description of the drawings; and an abstract of the disclosure. This part is not usually hard to do, but can be time consuming.
Then, a Declaration is prepared showing the name of the inventor and title of the invention. This is from a standard form provided by the US Patent Office.
Last, a cover page including a Transmittal sheet is prepared, listing what is being filed with the US Patent Office. The Transmittal page normally will include a check for the amount of the US government filing fee, and a postcard filing receipt. The check can be omitted, as can the signed Declaration, but in that case the US Patent Office will send a notice asking for those items along with a relatively small late fee.
The drawings may or may not be accepted as filed. If not accepted, the US Patent Office sends a notice, and sets a time period for submitting the formal drawings. A specially skilled draftsman normally prepares the formal drawings, since the US Patent Office has very specific and detailed requirements for the drawings. We work with a skilled patent draftsman, to provide the formal drawings.
Read more >> http://internationalpatentservice.com/How-to-Patent-a-Plant-Species.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 plant species
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.
This is very rare, but can be done! The inventive species is identified.
First, a drawing is made showing the inventive species. This is best done by a color photograph.
A claim or claims and an abstract would be added. And, standard text is added including sections titled: background of the invention; summary of the invention; brief description of the drawings; and an abstract of the disclosure. This part is not usually hard to do, but can be time consuming.
Then, a Declaration is prepared showing the name of the inventor and title of the invention. This is from a standard form provided by the US Patent Office.
Last, a cover page including a Transmittal sheet is prepared, listing what is being filed with the US Patent Office. The Transmittal page normally will include a check for the amount of the US government filing fee, and a postcard filing receipt. The check can be omitted, as can the signed Declaration, but in that case the US Patent Office will send a notice asking for those items along with a relatively small late fee.
The drawings may or may not be accepted as filed. If not accepted, the US Patent Office sends a notice, and sets a time period for submitting the formal drawings. A specially skilled draftsman normally prepares the formal drawings, since the US Patent Office has very specific and detailed requirements for the drawings. We work with a skilled patent draftsman, to provide the formal drawings.
Read more >> http://internationalpatentservice.com/How-to-Patent-a-Plant-Species.html
Dos and Don’ts of IP Protection for Tech Startups
By: CHINH H. PHAM
The launch of a startup is an exciting time for any tech entrepreneur. As you embark on this adventure, it is critical to establish a strong legal foundation that protect your intellectual property (IP) and tech innovation. Unfortunately, many tech startups underestimate just how integral a strong IP strategy is to commercial success and revenue generation. In order to safeguard its IP, a tech startup should consider the following dos and don’ts.
Do Avoid Public Disclosure of Your Innovation
Public disclosure of your innovation can be dangerous for a tech startup. Even if unintentional, any public disclosure can delay or even end the patent process, especially when you seek to pursue patent protection outside the U.S. To avoid inadvertently disclosing your innovation to the public, tech startups should be careful not to do the following:
> Don’t Conduct Research & Development in the Open: With the growth of co-working spaces, conducting research and development (R&D) in the open should be avoided. Many developers are unaware that conducting R&D in the open is technically considered a public disclosure and can foreclose patent protection in most countries. While the United States does allow a one-year grace period for filing for patent protection, it is still a best practice to avoid any type of public R&D.
> Don’t Discuss Plans for Future Innovations: Even after a tech startup has filed a patent application, it is critical to limit any presentations or discussions to only the subject matter that exists in the filed patent application. Discussing future innovations – even in the context of a brainstorming session – can be construed as a public disclosure, which may preclude patent protection. Tech startups can avoid this undesired outcome by simply choosing not to partake in discussions about future innovations. If pressed, you can simply state that a patent application is in process to protect the innovation, and once filed, you will be happy to discuss.
> Don’t Unveil Your Innovation Too Early: All too often, tech entrepreneurs inadvertently place themselves at risk of unveiling their innovation too early, such as at fundraising meetings with potential investors who typically do not to sign an NDA. In order to best protect its IP, a tech startup should make certain that its innovation is filed with the USPTO as soon as possible – and preferably before investor meetings.
Do Know Which Type of IP Offers the Right Protection
Before pursuing any kind of IP strategy, a tech startup should become familiar with the different protections offered by different IP options. In general, IP can be categorized as one of the following:
> Patent protects the idea.
> Copyright protects the expression of the idea and requires memorialization on a tangible medium.
> Trademark protects the logo or the name and acts as an identifier of the source of the product or services associated with the logo or name.
> Trade Secret protects anything confidential or proprietary.
When considering intangible assets, tech startups need to understand what it is they are looking to protect, and then decide which IP regime to implement. If the goal is to protect an inventive concept, a decision to either pursue a patent strategy or pursue trade secret protection must be considered. Every type of IP is different, and incorrectly pursuing the wrong IP to protect your asset can place your product at risk. It is a best practice to seek the advice of an IP attorney.
Read more >> http://vc-list.com/ip-protection-tech-startups/
The launch of a startup is an exciting time for any tech entrepreneur. As you embark on this adventure, it is critical to establish a strong legal foundation that protect your intellectual property (IP) and tech innovation. Unfortunately, many tech startups underestimate just how integral a strong IP strategy is to commercial success and revenue generation. In order to safeguard its IP, a tech startup should consider the following dos and don’ts.
Do Avoid Public Disclosure of Your Innovation
Public disclosure of your innovation can be dangerous for a tech startup. Even if unintentional, any public disclosure can delay or even end the patent process, especially when you seek to pursue patent protection outside the U.S. To avoid inadvertently disclosing your innovation to the public, tech startups should be careful not to do the following:
> Don’t Conduct Research & Development in the Open: With the growth of co-working spaces, conducting research and development (R&D) in the open should be avoided. Many developers are unaware that conducting R&D in the open is technically considered a public disclosure and can foreclose patent protection in most countries. While the United States does allow a one-year grace period for filing for patent protection, it is still a best practice to avoid any type of public R&D.
> Don’t Discuss Plans for Future Innovations: Even after a tech startup has filed a patent application, it is critical to limit any presentations or discussions to only the subject matter that exists in the filed patent application. Discussing future innovations – even in the context of a brainstorming session – can be construed as a public disclosure, which may preclude patent protection. Tech startups can avoid this undesired outcome by simply choosing not to partake in discussions about future innovations. If pressed, you can simply state that a patent application is in process to protect the innovation, and once filed, you will be happy to discuss.
> Don’t Unveil Your Innovation Too Early: All too often, tech entrepreneurs inadvertently place themselves at risk of unveiling their innovation too early, such as at fundraising meetings with potential investors who typically do not to sign an NDA. In order to best protect its IP, a tech startup should make certain that its innovation is filed with the USPTO as soon as possible – and preferably before investor meetings.
Do Know Which Type of IP Offers the Right Protection
Before pursuing any kind of IP strategy, a tech startup should become familiar with the different protections offered by different IP options. In general, IP can be categorized as one of the following:
> Patent protects the idea.
> Copyright protects the expression of the idea and requires memorialization on a tangible medium.
> Trademark protects the logo or the name and acts as an identifier of the source of the product or services associated with the logo or name.
> Trade Secret protects anything confidential or proprietary.
When considering intangible assets, tech startups need to understand what it is they are looking to protect, and then decide which IP regime to implement. If the goal is to protect an inventive concept, a decision to either pursue a patent strategy or pursue trade secret protection must be considered. Every type of IP is different, and incorrectly pursuing the wrong IP to protect your asset can place your product at risk. It is a best practice to seek the advice of an IP attorney.
Read more >> http://vc-list.com/ip-protection-tech-startups/
How to Patent
By: Michael J Foycik Jr.
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
An idea or any useful device or method
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.
Introduction and types of patent
Many types of ideas can be patented. Anything that has a function or use can be patented. Also, patent protection can cover many (but not all) types of business methods, most types of computer programs, new methods and processes, new chemicals and compounds, and new materials or new uses for old materials. Where the invention is for a design feature or an ornamental cover or casing, for example, then a design patent is the best way of protecting the invention. How to get a design patent, and how to patent a design, is explained in a separate section below.
How to Patent an Idea
An idea can best be protected by a utility patent application. This is also sometimes called a “regular” patent application. The idea can be explained in words and, if possible, by drawings. The drawings do not need to be like blueprints; instead, they are simplified and do not usually have to show conventional features. And, it is not necessary to have a working model.
Before getting into the details, we would like to mention that there is also something called a “provisional patent application” discussed hereunder. It gives patent pending status for one year, permitting a utility patent application to be filed at any time during that year. That is another way to get a patent. The provisional application is much less expensive than a utility patent application, and can be recommended when there is an urgent need to get a patent application on file with the US Patent Office. For example, just prior to a trade show or publication of the invention, there is an urgent need to have the idea on file with the US Patent Office. For further information, see the section below called “How to patent using a provisional patent application.”
Here's a simple example showing how to patent an idea for a very simple and amusing invention. The simple idea: add a blinking light to a pencil eraser. For the moment, we aren't concerned with whether it has been done before; we could find that out using a patent search if we wished. For now, the idea would be expressed in words in the patent application, written just as above. And, since it is possible to illustrate the idea in a drawing, we would also add a sketch showing where the light should be placed on the eraser. What else should be shown? The light should have a power source, for example a small solar panel or a small battery, and connecting wires should be shown connecting the power source to the light. Then, text is added to the patent application by describing the parts shown in the drawings, explaining possible uses and advantages, and mentioning possible alternatives that are included in the invention such as various types of light sources such as LEDs, incandescent bulbs, phosphorescent lighting, and so on.
Read more >> http://internationalpatentservice.com/How-to-Patent.html
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
An idea or any useful device or method
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.
Introduction and types of patent
Many types of ideas can be patented. Anything that has a function or use can be patented. Also, patent protection can cover many (but not all) types of business methods, most types of computer programs, new methods and processes, new chemicals and compounds, and new materials or new uses for old materials. Where the invention is for a design feature or an ornamental cover or casing, for example, then a design patent is the best way of protecting the invention. How to get a design patent, and how to patent a design, is explained in a separate section below.
How to Patent an Idea
An idea can best be protected by a utility patent application. This is also sometimes called a “regular” patent application. The idea can be explained in words and, if possible, by drawings. The drawings do not need to be like blueprints; instead, they are simplified and do not usually have to show conventional features. And, it is not necessary to have a working model.
Before getting into the details, we would like to mention that there is also something called a “provisional patent application” discussed hereunder. It gives patent pending status for one year, permitting a utility patent application to be filed at any time during that year. That is another way to get a patent. The provisional application is much less expensive than a utility patent application, and can be recommended when there is an urgent need to get a patent application on file with the US Patent Office. For example, just prior to a trade show or publication of the invention, there is an urgent need to have the idea on file with the US Patent Office. For further information, see the section below called “How to patent using a provisional patent application.”
Here's a simple example showing how to patent an idea for a very simple and amusing invention. The simple idea: add a blinking light to a pencil eraser. For the moment, we aren't concerned with whether it has been done before; we could find that out using a patent search if we wished. For now, the idea would be expressed in words in the patent application, written just as above. And, since it is possible to illustrate the idea in a drawing, we would also add a sketch showing where the light should be placed on the eraser. What else should be shown? The light should have a power source, for example a small solar panel or a small battery, and connecting wires should be shown connecting the power source to the light. Then, text is added to the patent application by describing the parts shown in the drawings, explaining possible uses and advantages, and mentioning possible alternatives that are included in the invention such as various types of light sources such as LEDs, incandescent bulbs, phosphorescent lighting, and so on.
Read more >> http://internationalpatentservice.com/How-to-Patent.html
Patent Wars: The Battle for Tech Innovation
By: MR SHUGAR
After all, the speed of technological change is exponential – and if a company like Microsoft or Google misses one important trend, it can drastically alter the direction of future prospects.
For the above reasons, both tech giants and unicorns are laser-focused on hiring the best engineering talent available, and deploying it to come up with the new innovations, business models, and game-changing products that they feel comfortable betting their futures on.
THE PATENT WAR VISUALIZED
Today’s interactive visualization comes to us from The UK Domain, and it shows the amount of patents won by tech giants as well as unicorn startups.
Specifically, it pulls data from the U.S. Patent & Trademark Office, categorizing hundreds of thousands of patents by company, technology, and even CEO.
While the data is quite comprehensive, it’s also worth noting that recent years of data may be incomplete because there is up to an 18-month lag between patent registration and those patents becoming public.
Read more >> http://shugarreyluminations.com/index.php/2019/01/16/patent-wars-the-battle-for-tech-innovation/
After all, the speed of technological change is exponential – and if a company like Microsoft or Google misses one important trend, it can drastically alter the direction of future prospects.
For the above reasons, both tech giants and unicorns are laser-focused on hiring the best engineering talent available, and deploying it to come up with the new innovations, business models, and game-changing products that they feel comfortable betting their futures on.
THE PATENT WAR VISUALIZED
Today’s interactive visualization comes to us from The UK Domain, and it shows the amount of patents won by tech giants as well as unicorn startups.
Specifically, it pulls data from the U.S. Patent & Trademark Office, categorizing hundreds of thousands of patents by company, technology, and even CEO.
While the data is quite comprehensive, it’s also worth noting that recent years of data may be incomplete because there is up to an 18-month lag between patent registration and those patents becoming public.
Read more >> http://shugarreyluminations.com/index.php/2019/01/16/patent-wars-the-battle-for-tech-innovation/
Now is the Time to Consider an EPO Patent Application for Coverage in European Union Countries
By Michael J Foycik Jr.
August 6, 2014
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Thinking of foreign patents? Then its time to consider an EU (European) patent application!
Why now? Because the EU law is transitioning toward a single filing to cover all of the subscribing EU member countries.
Applications filed now are said to be covered by the new law when it changes, likely in 2015 or 2016. Such an application is examined, and if granted provides patent protection in all subscribing EU countries. The filing can be in any EU language, which includes English, removing the need for expensive translations.
Most companies need protection in the US, but dread the costs of filing in multiple European countries. Sure, you've heard of companies spending hundreds of thousands of dollars. But, consider that an EU application can be filed for less than USD 7500 in many cases, including attorneys fees and government filing fees. Design patent applications are even less.
What about EU trademark applications? Those are affordable too! Filing can be at a total cost of less than USD 6500, including legal fees and government fees. No actual use is needed for filing. Ideally, your company name should be protected as soon as possible, before competitors can try to get rights in the EU on your trademark.
Read more >> http://internationalpatentservice.com/Now-is-the-Time-to-Consider-an-EPO-Patent-Application-for-Coverage-in-European-Union-Countries.html
August 6, 2014
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Thinking of foreign patents? Then its time to consider an EU (European) patent application!
Why now? Because the EU law is transitioning toward a single filing to cover all of the subscribing EU member countries.
Applications filed now are said to be covered by the new law when it changes, likely in 2015 or 2016. Such an application is examined, and if granted provides patent protection in all subscribing EU countries. The filing can be in any EU language, which includes English, removing the need for expensive translations.
Most companies need protection in the US, but dread the costs of filing in multiple European countries. Sure, you've heard of companies spending hundreds of thousands of dollars. But, consider that an EU application can be filed for less than USD 7500 in many cases, including attorneys fees and government filing fees. Design patent applications are even less.
What about EU trademark applications? Those are affordable too! Filing can be at a total cost of less than USD 6500, including legal fees and government fees. No actual use is needed for filing. Ideally, your company name should be protected as soon as possible, before competitors can try to get rights in the EU on your trademark.
Read more >> http://internationalpatentservice.com/Now-is-the-Time-to-Consider-an-EPO-Patent-Application-for-Coverage-in-European-Union-Countries.html
The 7 Lessons That Proptech Startups Can Learn From Biotech
By: MAUREEN MENGEL
Happy New Year, Forbes readers! For this first column of 2019, I decided to do something a bit different to the articles that I typically write.
Last night, I attended a presentation in Rome (which is where I’m based half of the time), hosted by LUISS university and Confindustria Young Entrepreneurs , by esteemed MIT professor Robert Langer. For those of you who, like myself until a short while ago, had never heard of Professor Langer, he runs the largest biomedical engineering lab in the world, holds the world record for number of patents (over 1350 between those granted and pending) and is the among the 7 most cited individuals in history.
You may be wondering why I’m writing about a chemical engineer in a PropTech column. The reason is this. In the course of his career spanning over four decades, Professor Langer has founded over 40 startups in his field, only one of which is no longer operational. Of the majority that survived, several have been very successful, with record breaking IPOs and multi billion dollar industry exits. The title of his presentation was “what I’ve learned from founding more than 40 startups”, so I decided to see how (if!) these lessons from biotech can translate to PropTech.
IMAGE DISTRIBUTED FOR THE QUEEN ELIZABETH PRIZE FOR ENGINEERING – In this image released on Monday, Oct. 26, 2015, Dr Robert Langer of MIT, who was announced as the 2015 Winner of the Queen Elizabeth Prize for Engineering (QEPrize). The QEPrize today released the inaugural Create the Future Report, an international survey of attitudes towards engineering surveying respondents in global centres for engineering including the US, Germany, Japan, Turkey, India and Brazil. The report shows that an overwhelming majority of the public in each of the 10 countries surveyed agree that engineering has driven progress in society in the past and will do so in future. To mark the occasion business leaders will meet at a luncheon hosted by the Lord Mayor and the City of London Corporation at Mansion House to honour the Queen Elizabeth Prize for Engineering and 2015 winner Dr Robert Langer. Press release available at http://goo.gl/4Rbtzc. (Jason Alden/Queen Elizabeth Prize for Engineering via AP Images)AP Images for Queen Elizabeth Prize for Engineering
Professor Langer gave us several “science lessons” for a nascent biotech startup. I’m going to try to formulate the PropTech equivalent for the ones I think our sector’s startups can learn from.
Read more >> https://maureenmengel.wordpress.com/2019/01/10/the-7-lessons-that-proptech-startups-can-learn-from-biotech/
Happy New Year, Forbes readers! For this first column of 2019, I decided to do something a bit different to the articles that I typically write.
Last night, I attended a presentation in Rome (which is where I’m based half of the time), hosted by LUISS university and Confindustria Young Entrepreneurs , by esteemed MIT professor Robert Langer. For those of you who, like myself until a short while ago, had never heard of Professor Langer, he runs the largest biomedical engineering lab in the world, holds the world record for number of patents (over 1350 between those granted and pending) and is the among the 7 most cited individuals in history.
You may be wondering why I’m writing about a chemical engineer in a PropTech column. The reason is this. In the course of his career spanning over four decades, Professor Langer has founded over 40 startups in his field, only one of which is no longer operational. Of the majority that survived, several have been very successful, with record breaking IPOs and multi billion dollar industry exits. The title of his presentation was “what I’ve learned from founding more than 40 startups”, so I decided to see how (if!) these lessons from biotech can translate to PropTech.
IMAGE DISTRIBUTED FOR THE QUEEN ELIZABETH PRIZE FOR ENGINEERING – In this image released on Monday, Oct. 26, 2015, Dr Robert Langer of MIT, who was announced as the 2015 Winner of the Queen Elizabeth Prize for Engineering (QEPrize). The QEPrize today released the inaugural Create the Future Report, an international survey of attitudes towards engineering surveying respondents in global centres for engineering including the US, Germany, Japan, Turkey, India and Brazil. The report shows that an overwhelming majority of the public in each of the 10 countries surveyed agree that engineering has driven progress in society in the past and will do so in future. To mark the occasion business leaders will meet at a luncheon hosted by the Lord Mayor and the City of London Corporation at Mansion House to honour the Queen Elizabeth Prize for Engineering and 2015 winner Dr Robert Langer. Press release available at http://goo.gl/4Rbtzc. (Jason Alden/Queen Elizabeth Prize for Engineering via AP Images)AP Images for Queen Elizabeth Prize for Engineering
Professor Langer gave us several “science lessons” for a nascent biotech startup. I’m going to try to formulate the PropTech equivalent for the ones I think our sector’s startups can learn from.
Read more >> https://maureenmengel.wordpress.com/2019/01/10/the-7-lessons-that-proptech-startups-can-learn-from-biotech/
Some Kickstarter Success Tips
By: Michael J Foycik Jr.
August 6, 2014
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
If you're planning a Kickstarter campaign or other enterprise funding site, then these tips may help.
Have IP protection. What's that? It is intellectual property. It is not necessary to have an issued patent, but for success raising capital it is important to have at least patent pending protection. Trademark protection can help too. Don't neglect copyright protection and trade secret protection, if those are appropriate for your enterprise.
Get publicity. Use an inexpensive service that does e-press releases. Such a service can even help you write the press releases, for a small additional fee. And, try giving interviews to journals and magazines that might review your product or service.
Line up your tech resources ahead of time, to list on the site. These services would include affordable software technical services. Your product will need technical support services, so it may be a good idea to list such a company on your site. Other software services are important, as you're well aware already: sales support software, inventory management software, and employee management software, among others.
Read more >> http://internationalpatentservice.com/Some-Kickstarter-Success-Tips.html
August 6, 2014
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
If you're planning a Kickstarter campaign or other enterprise funding site, then these tips may help.
Have IP protection. What's that? It is intellectual property. It is not necessary to have an issued patent, but for success raising capital it is important to have at least patent pending protection. Trademark protection can help too. Don't neglect copyright protection and trade secret protection, if those are appropriate for your enterprise.
Get publicity. Use an inexpensive service that does e-press releases. Such a service can even help you write the press releases, for a small additional fee. And, try giving interviews to journals and magazines that might review your product or service.
Line up your tech resources ahead of time, to list on the site. These services would include affordable software technical services. Your product will need technical support services, so it may be a good idea to list such a company on your site. Other software services are important, as you're well aware already: sales support software, inventory management software, and employee management software, among others.
Read more >> http://internationalpatentservice.com/Some-Kickstarter-Success-Tips.html
Protect Your Intellectual Property
By: Thomas Stanton, Esq.
As a former business owner, the topic of protecting our Intellectual Property (IP) rarely, if ever, came up in conversation. We were too focused on acquiring customers, streamlining processes to provide better service, and managing our employees. Now that I am an attorney, I spend much of my time educating businesses and business owners on the importance of why you need to Protect Your Intellectual Property. IP can be broken down into four main groups, Patents, Trademarks, Copyrights, and Trade Secrets.
Patents provide monopolies on inventions for up to 20 years from the date of filing. Patents can create a very unique competitive advantage, however you must be careful to pursue patent protection before bringing a product to market or disclosing it publicly because you run the risk of invalidating your own ability to get a patent.
Trademarks provide protection on your business name or logo and protect your ability to continue to operate under your name and prevent others from entering your space using a similar name. This is vital for branding purposes and can greatly affect the value of your business if your brand is not properly protected. Trademarks have no expiration on them so long as you continue doing business.
Copyrights provide protection on your works of art, including software code and instruction manuals. This could be very important for your business if you spend a lot of time developing training programs, writing software code, or creating unique designs for different service and product offerings. Copyrights are typically thought of as only applying to musicians, artists, or film makers, but that is not the case as copyrights are applied to all levels of creativity.
Trade Secrets provide protection to your secret sauce that you do not want anyone outside your organization to gain an understanding of how you do certain things. This becomes important because all of the other IP protections require a public disclosure in order to get the protection. Trade Secrets are unique in that they are secrets and must be treated as such in order to gain the proper protection. They can last forever as long as they are kept a secret.
Now that we have a brief overview of the different kinds of protections, we have to think about this as a two sided issue. The first is ensuring proper protection which includes employment agreements that not only ensure proper confidentiality clauses are listed, but also that employees and work for hire contractors are assigning their IP to your company so that there are not ownership issues. Non-disclosure agreements are also very important and need to be used properly. The most important element is to have the conversation about how to protect your Intellectual Property as you are developing it, not after. The second side is enforcement of your IP. Once you have it properly protected, it is up to you to enforce your protections against possible infringers. This also requires a conversation about strategy in order to ensure you do not try to enforce too early or too late. Trying to enforce too early could mean that there are not enough damages to justify the cost of enforcement. Enforcing too late could mean that you have lost your chance to enforce your rights.
In closing, protecting your IP can greatly increase the value of your business and maintain your competitive advantage over your competitors. Having the right strategy is vital and that starts with a conversation internally as well as with your IP attorney about how you can Protect Your Intellectual Property. Often times in business, waiting is a good strategy, when it comes to protecting your IP, waiting is the worst strategy.
You Own It, We protect it!
Source >> https://stantoniplaw.com/2017/12/protect-intellectual-property/
As a former business owner, the topic of protecting our Intellectual Property (IP) rarely, if ever, came up in conversation. We were too focused on acquiring customers, streamlining processes to provide better service, and managing our employees. Now that I am an attorney, I spend much of my time educating businesses and business owners on the importance of why you need to Protect Your Intellectual Property. IP can be broken down into four main groups, Patents, Trademarks, Copyrights, and Trade Secrets.
Patents provide monopolies on inventions for up to 20 years from the date of filing. Patents can create a very unique competitive advantage, however you must be careful to pursue patent protection before bringing a product to market or disclosing it publicly because you run the risk of invalidating your own ability to get a patent.
Trademarks provide protection on your business name or logo and protect your ability to continue to operate under your name and prevent others from entering your space using a similar name. This is vital for branding purposes and can greatly affect the value of your business if your brand is not properly protected. Trademarks have no expiration on them so long as you continue doing business.
Copyrights provide protection on your works of art, including software code and instruction manuals. This could be very important for your business if you spend a lot of time developing training programs, writing software code, or creating unique designs for different service and product offerings. Copyrights are typically thought of as only applying to musicians, artists, or film makers, but that is not the case as copyrights are applied to all levels of creativity.
Trade Secrets provide protection to your secret sauce that you do not want anyone outside your organization to gain an understanding of how you do certain things. This becomes important because all of the other IP protections require a public disclosure in order to get the protection. Trade Secrets are unique in that they are secrets and must be treated as such in order to gain the proper protection. They can last forever as long as they are kept a secret.
Now that we have a brief overview of the different kinds of protections, we have to think about this as a two sided issue. The first is ensuring proper protection which includes employment agreements that not only ensure proper confidentiality clauses are listed, but also that employees and work for hire contractors are assigning their IP to your company so that there are not ownership issues. Non-disclosure agreements are also very important and need to be used properly. The most important element is to have the conversation about how to protect your Intellectual Property as you are developing it, not after. The second side is enforcement of your IP. Once you have it properly protected, it is up to you to enforce your protections against possible infringers. This also requires a conversation about strategy in order to ensure you do not try to enforce too early or too late. Trying to enforce too early could mean that there are not enough damages to justify the cost of enforcement. Enforcing too late could mean that you have lost your chance to enforce your rights.
In closing, protecting your IP can greatly increase the value of your business and maintain your competitive advantage over your competitors. Having the right strategy is vital and that starts with a conversation internally as well as with your IP attorney about how you can Protect Your Intellectual Property. Often times in business, waiting is a good strategy, when it comes to protecting your IP, waiting is the worst strategy.
You Own It, We protect it!
Source >> https://stantoniplaw.com/2017/12/protect-intellectual-property/
Quit Worrying About Competitors, And Start Making Money
By: Michael J Foycik Jr.
February 20, 2014
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Stop worrying! Many inventors and businesses become paralyzed by worry when trying to advance a new idea.
What if competitors import cheap knock-offs? What if they steal your idea? What if it isn't protectable as a patent?
Here are some factors to put your mind at ease.
First, competitors won't spend money to copy a product unless they are sure it will make money. For anything that is new, how can they know? Probably only by seeing if you make money. That gives you a big head start. If your product is good, you can saturate the market before the first knock-off arrives. Also, this gives you time to establish your trademark or trade name, so that people asking for it by name will always get your product.
Second, until your idea is made public, it can be protected as a trade secret, assuming you have marked everything confidential and avoided any non-confidential disclosures. Again, this provides a real head start, with the benefits noted above.
Third, suppose your idea is so good that competitors want to immediately steal/misappropriate your idea. That can be a very good problem to have! Why? Because it means that your rights could have great value to a legitimate company, one that has power to enforce those rights for you against infringers. You see it in the news all the time: big companies investing in small companies, buying a percentage of the ownership. Big companies know how to protect their investments, and their rights.
Fourth, your US patent application gives you one year's worth of priority, for filing of PCT or foreign applications. Can't afford foreign patent applications? See the above paragraph; if your invention is good and/or successful, it can attract investment by those with enough money to pay to get foreign rights.
Read More >> http://internationalpatentservice.com/Quit-Worrying-About-Competitors-And-Start-Making-Money.html
February 20, 2014
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Stop worrying! Many inventors and businesses become paralyzed by worry when trying to advance a new idea.
What if competitors import cheap knock-offs? What if they steal your idea? What if it isn't protectable as a patent?
Here are some factors to put your mind at ease.
First, competitors won't spend money to copy a product unless they are sure it will make money. For anything that is new, how can they know? Probably only by seeing if you make money. That gives you a big head start. If your product is good, you can saturate the market before the first knock-off arrives. Also, this gives you time to establish your trademark or trade name, so that people asking for it by name will always get your product.
Second, until your idea is made public, it can be protected as a trade secret, assuming you have marked everything confidential and avoided any non-confidential disclosures. Again, this provides a real head start, with the benefits noted above.
Third, suppose your idea is so good that competitors want to immediately steal/misappropriate your idea. That can be a very good problem to have! Why? Because it means that your rights could have great value to a legitimate company, one that has power to enforce those rights for you against infringers. You see it in the news all the time: big companies investing in small companies, buying a percentage of the ownership. Big companies know how to protect their investments, and their rights.
Fourth, your US patent application gives you one year's worth of priority, for filing of PCT or foreign applications. Can't afford foreign patent applications? See the above paragraph; if your invention is good and/or successful, it can attract investment by those with enough money to pay to get foreign rights.
Read More >> http://internationalpatentservice.com/Quit-Worrying-About-Competitors-And-Start-Making-Money.html
How to drive innovation in your startup if you have a day job?
By: Dvorah Graeser
What if we told you that having a day job can actually help your startup drive innovation? While the thought of quitting your full-time role to work on your side hustle may sound appealing, it may not be financially realistic — and we’re here to let you know that having a day job helps fuel innovation.
If you’re confused (or disappointed that you can’t run off to a tropical island tomorrow to launch your startup), hear us out: having a day job can benefit your side hustle’s innovation process. Here’s why:
There isn’t one recipe for startup success, but most entrepreneurs will tell you that the recipe includes a mix of drive, ambition, self-sacrifice, passion, and time-management skills. When you have a 9–5, it means that your time is limited — making you an amazing time manager. And after working 8 hours per day, we can guarantee that you’re passionate about your startup if you can come home after work and continue to grind — and venture capitalists/potential funders can see that too.
From a profitability perspective, who doesn’t want extra funds to launch their startup? By continuing to work, you’re continuing to do yourself a favor, and provide yourself with cash flow to put towards your startup. You’ll initially have the funds to innovate, and with low-stakes (at worst, you’ll continue working your 9–5 and create a new idea if your first one fails). A steady paycheck will also allow you to bootstrap your side hustle.
However, the benefits of working a day job don’t just extend to finances — it’s also a great sanity check to surround yourself with others who are experts in the same areas that your startup will eventually require: human resources, business development, marketing, sales and project management. When you go home to work on your side hustle, you’ll be able to ground yourself in the lessons you’ve learned during the day — which will guarantee that your ideas will be rooted in reality and not fantasy. When you are ready to launch your product, you’ll have a much better idea of how to market and sell your product, if you’re able to observe your company’s day-to-day operations.
When you have a day job, it means that time is limited and precious. It may be confusing to know what areas you should focus on first, when it may feel like there are a million items on your to-do list. If you only have weekends and post-work hours available, you should leverage your time to focus on the one area that matters most: your idea and your innovation.
First, focus on developing your idea — and solidifying that idea through trial and error. Once your idea is robust, you’ll want to protect your idea through patents, in order to mitigate risks of being blocked out by competitors. Your idea is the crux of your startup’s success — and with limited time, it should be your main area of focus. With a patent, you can confidently go to investors with an asset in-hand, and pitch your startup. However, it is impossible to have patent protection without an idea. Therefore, your startup journey should focus on: idea, patent, then funding/other experiments.
After securing your innovation and idea, you’ll be on the road to startup success with tangible assets to add to your balance sheet. And then you can confidently leave your day job to focus on bringing your idea to market. But, don’t forget to thank your day job for helping to fuel your innovation!
At KISSPatent, we help entrepreneurs and innovators to monetize their ideas. We put the power of patent protection for your unique idea in your hands. We help startups increase their valuation, keep from getting blocked, and protect their ideas and their communities. Contact us to get started here.
Visit our Learning Hub to learn more about how intellectual properties can contribute to your startup’s success.
Source >> https://medium.com/ideapro/how-to-drive-innovation-in-your-startup-if-you-have-a-day-job-982a7900cfe
What if we told you that having a day job can actually help your startup drive innovation? While the thought of quitting your full-time role to work on your side hustle may sound appealing, it may not be financially realistic — and we’re here to let you know that having a day job helps fuel innovation.
If you’re confused (or disappointed that you can’t run off to a tropical island tomorrow to launch your startup), hear us out: having a day job can benefit your side hustle’s innovation process. Here’s why:
There isn’t one recipe for startup success, but most entrepreneurs will tell you that the recipe includes a mix of drive, ambition, self-sacrifice, passion, and time-management skills. When you have a 9–5, it means that your time is limited — making you an amazing time manager. And after working 8 hours per day, we can guarantee that you’re passionate about your startup if you can come home after work and continue to grind — and venture capitalists/potential funders can see that too.
From a profitability perspective, who doesn’t want extra funds to launch their startup? By continuing to work, you’re continuing to do yourself a favor, and provide yourself with cash flow to put towards your startup. You’ll initially have the funds to innovate, and with low-stakes (at worst, you’ll continue working your 9–5 and create a new idea if your first one fails). A steady paycheck will also allow you to bootstrap your side hustle.
However, the benefits of working a day job don’t just extend to finances — it’s also a great sanity check to surround yourself with others who are experts in the same areas that your startup will eventually require: human resources, business development, marketing, sales and project management. When you go home to work on your side hustle, you’ll be able to ground yourself in the lessons you’ve learned during the day — which will guarantee that your ideas will be rooted in reality and not fantasy. When you are ready to launch your product, you’ll have a much better idea of how to market and sell your product, if you’re able to observe your company’s day-to-day operations.
When you have a day job, it means that time is limited and precious. It may be confusing to know what areas you should focus on first, when it may feel like there are a million items on your to-do list. If you only have weekends and post-work hours available, you should leverage your time to focus on the one area that matters most: your idea and your innovation.
First, focus on developing your idea — and solidifying that idea through trial and error. Once your idea is robust, you’ll want to protect your idea through patents, in order to mitigate risks of being blocked out by competitors. Your idea is the crux of your startup’s success — and with limited time, it should be your main area of focus. With a patent, you can confidently go to investors with an asset in-hand, and pitch your startup. However, it is impossible to have patent protection without an idea. Therefore, your startup journey should focus on: idea, patent, then funding/other experiments.
After securing your innovation and idea, you’ll be on the road to startup success with tangible assets to add to your balance sheet. And then you can confidently leave your day job to focus on bringing your idea to market. But, don’t forget to thank your day job for helping to fuel your innovation!
At KISSPatent, we help entrepreneurs and innovators to monetize their ideas. We put the power of patent protection for your unique idea in your hands. We help startups increase their valuation, keep from getting blocked, and protect their ideas and their communities. Contact us to get started here.
Visit our Learning Hub to learn more about how intellectual properties can contribute to your startup’s success.
Source >> https://medium.com/ideapro/how-to-drive-innovation-in-your-startup-if-you-have-a-day-job-982a7900cfe
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