What Happens After Filing a Utility Patent Application

By: Michael J Foycik Jr. 
May 19, 2013 
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.

One of the important but little-discussed subjects for inventors is what happens after filing of a Utility Patent Application.  Here's a brief guide.
Initially, the US Patent Office studies the application papers for formalities.  These formalities include such things as the signed forms, whether the drawings are sufficiently formal, whether specification required information is provided, and so on.  If any problems are found, a Notice is sent to the applicant, and a period for response may be set for those problems that can be corrected. 

The next stage is the patent examination itself.  This is where the patent examiner takes up the application for study.  Usually the patent examiner is an expert in the subject matter of the application.  The examiner will search the prior patent art, including patent publications, to locate the most relevant references to the invention as described in the claims.  The result of this will be a first Office Action, which is usually a statement of objections and rejections, but can sometimes be a first action allowance.

The applicant can respond to the first Office Action, and is normally given a set period of time to do this.  The response can include changes to the specification, drawings, and/or claims.  Such changes are usually to overcome objections and/or rejections, and to further emphasize the novel features of the invention.  Additionally, the applicant can provide remarks in support of patentability.
Of course, many other things might occur beyond those described above.  Those are less common, and though important, are not discussed in detail herein for the sake of brevity.  A short and incomplete listing is: restriction requirements, election requirements, statutory double patenting rejections, and/or non-statutory subject matter rejections.

Read more >> http://internationalpatentservice.com/What-Happens-After-Filing-a-Utility-Patent-Application.html

Jesús Sarcos: Microsoft gives 500 patents to startups

By: Jesús Sarcos

Microsoft today announced a major expansion of its Azure IP Advantage program, which provides its Azure users with protection against patent trolls. This program now also provides customers who are building IoT solutions that connect to Azure with access to 10,000 patents to defend themselves against intellectual property lawsuits.

What’s maybe most interesting here, though, is that Microsoft is also donating 500 patents to startups in the LOT Network. This organization, which counts companies like Amazon, Facebook, Google, Microsoft, Netflix, SAP, Epic Games, Ford, GM, Lyft and Uber among its well over 150 members, is designed to protect companies against patent trolls by giving them access to a wide library of patents from its member companies and other sources.

“The LOT Network is really committed to helping address the proliferation of intellectual property losses, especially ones that are brought by non-practicing entities, or so-called trolls,” Microsoft  CVP and Deputy General Counsel Erich Andersen told me.

This new program goes well beyond basic protection from patent trolls, though. Qualified startups who join the LOT Network can acquire Microsoft patents as part of their free membership and as Andresen stressed, the startups will own them outright. The LOT network will be able to provide its startup members with up to three patents from this collection.

There’s one additional requirement here, though: to qualify for getting the patents, these startups also have to meet a $1,000 per month Azure spend. As Andersen told me, though, they don’t have to make any kind of forward pledge. The company will simply look at a startup’s last three monthly Azure bills.

“We want to help the LOT Network grow its network of startups,” Andersen said. “To provide an incentive, we are going to provide these patents to them.” He noted that startups are obviously interested in getting access to patents as a foundation of their companies, but also to raise capital and to defend themselves against trolls.

Read more >> https://jesussarcosweb.wordpress.com/2019/03/28/jesus-sarcos-microsoft-gives-500-patents-to-startups/

Intellectual Property: The Quick and Dirty

By: Melissa Bernier

I often get asked what the difference is between copyright, trademark and patent.  Many people use the terms interchangeably and/or incorrectly.  In an attempt to set the record straight, here is the quick and dirty on intellectual property (IP).

IP Generally

According to the World Intellectual Property Organization, intellectual property is defined as “creations of the mind such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.” Copyright, trademarks and patents are the laws that protect IP and they all “enable people to earn recognition or financial benefit from what they invent or create.”  Each of these work in different ways and protect different things but there is one common thread – they are the lifeblood of any small business or career in the creative sector.

Copyright

In the U.S., copyright is the body of law that protects original works of authorship fixed in a tangible medium.  Copyright protection is available for: musical works, literary works, visual arts, live performances, photographs, movies, and even software.  Keep in mind though – copyright does NOT protect ideas, but rather the expression of those ideas.  For example, if you create a song, it isn’t eligible for copyright protection until you put that song onto a cd or into a digital format.

Copyright only protects original works – i.e. works that you personally created using your own ideas, or works that you had done on your behalf (known as a “work for hire”). Additionally, copyrights expire after a certain number of years.  For works that are created by an individual, copyright protection lasts for the life of the individual author, plus an additional 70 years.  For works that you have commissioned (aka that you have done on your behalf), copyright protection lasts for 95 years from the date of publication or 120 years from the date of creation, whichever is shorter.

Read more >> https://www.brooklynlegal.nyc/law/intellectual-property-the-quick-and-dirty/

Startup Companies and Trademarks, an Attorney's View

By: Michael J Foycik Jr. 
April 27, 2013 
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 important decision facing new startup companies is what to do about trademarks.  The question is, should they apply for a federal trademark registration.  The answer to that depends very much on the goals for the startup.

If the goal of the owner of the startup company is to succed and then sell at a profit, then a federal trademark is essential.  Think about it from the perspective of a buyer: without a trademark, that buyer cannot get the goodwill of the startup company.  That goodwill includes such things as name recognition by customers, and loyalty all those dealing with the existing company.  But, without official trademark rights, the buyer may not have exclusive rights to the use of the trademark, and imitators could flourish.

Some startups need investors, and investors are more comfortable when they see rights owned by the startup.  After all, what are they investing in, if not intellectual property rights of some kind?  Those rights commonly are from a good trade name or trademark.  Other such IP rights can include trade secrets, patents, or copyrights.

Read more >> http://internationalpatentservice.com/Startup-Companies-and-Trademarks-an-Attorney-View.html

Intellectual property basics for startups: copyrights

By: Victoria Lee

The crown jewel of a typical technology company is its intellectual property portfolio. Having a good basic understanding of intellectual property protection is essential for entrepreneurs to extract value out of their company's key assets and manage opportunities and risk arising from them. Copyright is one of these assets.

What is a copyright?

Copyrights protect "original" works of authorship that are "fixed" in a tangible medium of expression. Examples of works that can be protected by copyright are website content, manuals, firmware and computer software as well as more traditional works such as songs, novels and motion pictures. Unlike patents, a copyright exists as soon as a work is created; no registration or application to the government is required. However, copyrights need to be registered in the US before a court action for infringement can be filed in the US. Although the term of copyright has varied over time, currently a copyright developed by a company has a term equal to the longer of ninety-five years after the date of first publication or one hundred and twenty years after creation (copyrights created by individuals have a different term). Copyright law gives the owner the exclusive right to reproduce, distribute, modify, publicly perform and publicly display the work. However, unlike a patent, a copyright does not protect the idea behind a work: thus, while a patent may protect a method of creating a multi-threaded computer operating system, copyright law would permit multiple implementations of that idea so long as a company's implementation is not "substantially similar" to the implementation of another company.

When do you need a copyright?

Most products and services can be protected by a combination of intellectual property rights. For example, computer software can be protected by patents, copyrights, trademarks and trade secrets. Microsoft protects certain functions of its Windows software with patents; it uses copyright to protect the actual code of the Windows software from copying; it uses trademark law to protect the "Microsoft" and "Windows" trademarks which identify the product; and it uses trade secret law to protect the structure and methodology of its source code. However, once a patent is issued, trade secrets in the part of the computer software protected by the patent will be disclosed and will no longer be protected by trade secret law.

Copyrights can be particularly useful in preventing counterfeiting or exact copying by competitors: most major consumer software vendors have active anti-piracy efforts.

Copyrights can be very powerful: the record companies and music publishers shut down MP3.com's My.MP3.com service and were reported to have received over $160,000,000 in confidential settlements from MP3.com for copyright infringement. The record companies' enforcement of their copyrights enabled them to shut down Napster.

What happens if my company does not own the copyright to technology created by one of its founders?

The most common mistake by startups is failing to obtain proper written assignments or licenses of intellectual property rights that are developed by the founders prior to the startup's incorporation or rights developed either by employees or consultants after the startup's incorporation. If a startup does not actually own or have a license to the intellectual property in its products, a disgruntled founder or employee can hold the startup hostage until the company either revises the product to remove his contributions or makes a deal to obtain assignment or license of the rights. A very common form of this problem is the failure to obtain the assignment of the intellectual property rights to the product developed by the founders either prior to incorporation of the startup or prior to the founders becoming employees of the startup. This mistake can be very expensive to resolve; in some situations, it can be fatal to the startup when it's seeking investment or about to be acquired.

Read more >> https://www.dlapiperaccelerate.com/knowledge/2017/intellectual-property-basics-for-startups-copyrights.html?_lrsc=f58b2259-ef74-47e9-aa01-165ed89c52dc

Why Your Startup Company Might Need an International Patent Application; an Attorney's View

By: Michael J Foycik Jr. 
May 05, 2013 
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

What is the Meaning of “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.

Attorney Advice on:  What is the Meaning of “Patent”
by Michael Foycik, registered US patent attorney
April 18, 2013     

An important legal question is, what is the meaning of “patent” and, how is it relevant to inventors and businesspersons.  The simplest answer is that a patent is a monopoly for a limited time, which is granted by a governmental entity.

In the US, there are several main types of patent: design; utility; provisional.  But, what is the meaning of “patent” when there are several types?  Again, a short answer will be helpful, explained as follows.

A design patent covers the ornamental features of an invention which are non-functional - imagine an unusual perfume bottle shape as an example.  A utility patent covers only features which are functional, rather than ornamental – think of a car engine as an example.  A provisional patent is somewhat like a utility patent application but exists for only one year.   So, the answer to the question what is the meaning of “patent” is that it depends on the type of invention and the type of protection needed.

Read more >> http://internationalpatentservice.com/What-is-the-Meaning-of-Patent.html

These top female-founded startups in the Netherlands are doing big things in 2019

By:  Akansha Srivastava

With the changing times, women entrepreneurs are now strongly embarking on the satisfying path of entrepreneurship. Kylie Jenner has officially become the youngest self-made billionaire at the age of 21, following the footsteps of some of the most famous billionaires in the world, including Mark Zuckerberg and Evan Spiegel, who passed the $1 billion benchmark before age 30.

Considering this paradigm shift and on the occasion of women’s day, just like last year, this year too, Silicon Canals has compiled a list of the most successful female-founded startups from the Netherlands that you should watch out for in 2019 and beyond. We have made this list based on the fundings these women-led startups have raised in the past couple of years. Go ahead and check out! and Happy women’s day to all the influential women reading this post on behalf of the whole Silicon Canals team!

Closure
Founder – Chantal van der Velde & Graciëlla van Hamersveld

Funding raised: €300K seed funding

Based out of Rotterdam, Closure is an online platform for completing subscriptions, contracts and accounts after death. The platform was founded in 2017 and aims to resolve the emotional as well as digital processing of your deceased loved ones’ online accounts and subscriptions.

The Great Bubble Barrier
Founders – Anne Marieke Eveleens, Francis Zoet and Saskia Studer

Funding raised: €500K

Based out of Amsterdam, this startup was founded with a single purpose to put an end to the plastic trash ending up in the sea. Founded in 2017,  this Dutch startup creates a barrier to stop the plastics from flowing past, while letting fishes and ships pass through.

Read more >> https://siliconcanals.nl/news/startups/these-top-female-founded-startups-in-the-netherlands-are-doing-big-things-in-2019/

What is Trademark

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

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

The Difference Between Copyrights, Trademarks, and Patents (And How They Affect Your Business)

By: Mohd Rushan

The Importance of Protecting Your Intellectual Property
‘Intellectual property‘ basically refers to anything you create. This includes content (such as blog posts), original designs or images, or even e-books. It also includes your brand elements, such as your logo, brand name, and any other distinguishing features. And finally, it includes inventions, or new processes and technologies.

Protecting your business’ intellectual property is vital. If you don’t protect your content, others can copy it, pass it off as their own, and use it to make money. The same is true for your inventions – protecting them ensures that you alone generate revenue from the sale of your intellectual property.

Failing to protect your brand could lead to serious damage to your business’ image. Without protection, your brand may be used by others to deceive customers or diminish your brand’s reputation. The consequences of not protecting your intellectual property are severe and could cost you a significant amount of income.

The Difference Between Copyrights, Trademarks, and Patents
In short, copyrights, trademarks, and patents all protect different types of intellectual property. Knowing when to apply the right protection ensures all of your creations stay safe in your control.

Copyrights
Copyrights protect content such as text or images, and determine how content can be legally reproduced and distributed. You may be familiar with copyright as the protection used for books and movies. Copyright laws are what make it illegal to record films in theaters.

You obtain a copyright the moment you produce content and share it. If you write a blog post and publish it online, you technically have the copyright to it. However, unless you register the copyright, you don’t have much power if someone steals and redistributes your content.

Copyright is violated when you reproduce and distribute someone else’s content without permission. It sometimes also extends to creating derivative works, or content that is notably similar to the copyrighted content.

Trademarks
Trademarks protect your brand, including your logo, brand name, and other features associated with it. This could include a slogan, a packaging, or even certain patterns. Burberry has trademarked the check pattern used on many of their products, for example.

Much like a copyright, you obtain a trademark as soon as you start using it, but it’s difficult to hold legal influence without registering it. Your trademark is violated if another company uses your brand’s identifying features, or confusingly similar ones, to sell products or services.

Patents
Finally, patents protect inventions, new technologies, or processes. A patent prevents others from recreating and distributing your invention for a specified period of time, usually twenty years. This enables you to reap all the rewards of your invention when it’s first on the market.

To obtain a patent, you must submit an application that includes careful documentation of how you came up with your idea and executed it. It’s crucial to keep your invention confidential before receiving your patent, or others may recreate your invention, making your application invalid.

Violating a patent consists of using or distributing an invention without permission. You may choose to allow certain parties to legally use or distribute your invention by selling licenses.

Read more >> http://www.moneywasp.online/the-difference-between-copyrights-trademarks-and-patents-and-how-they-affect-your-business-4/

Cheap Patented & Trademarked Posture Trainer Back Support. Best & Most Comfortable. Gold Medal Winner in Wellness/Fitness. Made in the USA

By: BEST ERGONOMIC OFFICE CHAIRS REVIEWS

When you need new home office furniture, you’re naturally looking for the best heavy duty office chair reviews, this Patented & Trademarked Posture Trainer Back Support. Best & Most Comfortable. Gold Medal Winner in Wellness/Fitness. Made in the USA is the best cheapest price on the web i have searched. Many good reviews already proving the quality of this product. The Patented & Trademarked Posture Trainer Back Support. Best & Most Comfortable. Gold Medal Winner in Wellness/Fitness. Made in the USA is equipped with a large number of features that makes it great product. The most sold product is not expensive and it is highly desirable, and if you want buy it now, you should not miss this opportunity because this product is the price length applications.

Product Details

> The Posture Trainer will make a difference in your life the moment you sit in the chair with it, because you will get that immediate WOW factor as it reduces pain and gently places your spine into perfect alignment! The Posture Trainer was awarded the “Gold Medal” in the category of Wellness/Fitness at INPEX, the largest International Trade Show for Inventors in the U.S. and is listed as the best high-end back support by Wiki.ezvid.

> Most back supports only support the Lumbar Spine. The Posture Trainer’s unique, patented air-flow design supports the user’s “ENTIRE BACK,” beginning with the Thoracic spine (the mid-back-and longest portion of the spine), and extending down to the Sacrum (the lowest portion of the spine). The Sacrum forms the foundation to which the spine gains stability. This allows the user to sit “PAIN FREE” for hours at a time.

> The revolutionary design of the Posture Trainer provides gentle resistance, while simultaneously lengthening the spine; restoring postural alignment and structural integrity. It corrects incorrect posture by eliminating, or greatly reducing forward head and forward shoulder posture, which are the main culprits of back and neck pain as well as a whole array of very significant health-related issues.

> The Posture Trainer can be inflated or deflated to customize the support to each user’s specific comfort level and preferences. It is made of a material that doesn’t break down, if used properly. Most other back supports use memory foam that doesn’t offer resistance and allows the user’s back to sink back into unhealthy, dysfunctional posture.

> Beyond its use for people that sit in a chair, the Posture Trainer has proven itself to be highly effective for people who travel by Plane, Bus, or Train, Pregnant Women and Breast-Feeding Mom’s, People with Multiple Sclerosis, Ambulatory Patients, People who have had Multiple Back Surgeries, Runners, Cross-Fit Athletes, people who do Yoga and Pilates, and the list goes on and on.

Read more >> https://ergonomicofficechair.info/cheap-patented-trademarked-posture-trainer-back-support-best-most-comfortable-gold-medal-winner-in-wellnessfitness-made-in-the-usa/