By: Frederic Lardinois
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 close to 400 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 lawsuits, especially ones that are brought by non-practicing entities, or so-called trolls,” Microsoft CVP and Deputy General Counsel Erich Andersen told me.
Read more >> https://techcrunch.com/2019/03/28/microsoft-gives-500-patents-to-startups/
U.S. Trademark Attorney Checklist for Chinese Companies to Get U.S. Trademarks
By: Michael Foycik
July 31, 2019
The author is a trademark attorney in Washington DC who helps Chinese companies register their trademarks in the US. The author has over 28 years experience in trademarks, trademark applications, and trademark appeals. For further information, please email at mjfoycik@gmail.com, or call at 877-654-3336.
The following is advice from a US attorney, in the field of US Trademark law, who has helped Chinese companies get registered US Trademarks. This is a short list of the main things to do to file a U.S. Trademark application to obtain a U.S. Trademark.
> You must have a U.S. Attorney licensed in the U.S., as of August 3, 2019. If you need assistance with this, please inquire using the contact information below.
> Ask your U.S. Attorney to perform a search of the existing trademarks, to see if there are any conflicting trademarks. An informal search is done online, at little or no cost. A formal search can be better, but will cost more.
> Provide a specimen of use, such as a label showing the trademark, or a page on a web site showing ordering information along with the trademark.
> Explain the goods and services being offered using the trademark. This can be important, and it is best to list a general term followed by specific terms. An example is: aircraft, specifically remotely operated toy drones.
Read more >> http://internationalpatentservice.com/US-Trademark-Attorney-Checklist-For-Chinese-Companies-To-Get-US-Trademarks.html
July 31, 2019
The author is a trademark attorney in Washington DC who helps Chinese companies register their trademarks in the US. The author has over 28 years experience in trademarks, trademark applications, and trademark appeals. For further information, please email at mjfoycik@gmail.com, or call at 877-654-3336.
The following is advice from a US attorney, in the field of US Trademark law, who has helped Chinese companies get registered US Trademarks. This is a short list of the main things to do to file a U.S. Trademark application to obtain a U.S. Trademark.
> You must have a U.S. Attorney licensed in the U.S., as of August 3, 2019. If you need assistance with this, please inquire using the contact information below.
> Ask your U.S. Attorney to perform a search of the existing trademarks, to see if there are any conflicting trademarks. An informal search is done online, at little or no cost. A formal search can be better, but will cost more.
> Provide a specimen of use, such as a label showing the trademark, or a page on a web site showing ordering information along with the trademark.
> Explain the goods and services being offered using the trademark. This can be important, and it is best to list a general term followed by specific terms. An example is: aircraft, specifically remotely operated toy drones.
Read more >> http://internationalpatentservice.com/US-Trademark-Attorney-Checklist-For-Chinese-Companies-To-Get-US-Trademarks.html
Startups Are Abandoning Suburbs for Cities With Good Transit
By: Richard Florida
During the late 20th century, startup companies were quintessentially suburban, in standard-issue office parks dubbed “nerdistans.” Think of Silicon Valley, the North Carolina Research Triangle, and the suburbs of Seattle where Microsoft is located.
But high-tech startups have become increasingly urban in the past decade or so, gravitating to dense neighborhoods in downtown San Francisco and Lower Manhattan, which have supplanted Silicon Valley as the nation’s leading centers for such startups.
Now a new study finds a close connection between transit access and startups of all types—not just high-tech startups. The study, by Kevin Credit from the Center for Spatial Data Science at the University of Chicago, uses advanced spatial econometric techniques to examine the connection between transit and business startups in five cities. Two of them, San Jose (Silicon Valley) and Austin, are well-documented startup hubs with underdeveloped transit infrastructure; two others, Philadelphia and Cleveland, have reasonably well-developed transit systems but low rates of startup activity; and Boston has both a high level of startup activity and an established transit system.
Read more >> https://www.citylab.com/transportation/2019/07/startup-cities-public-transportation-new-business-development/594286/
During the late 20th century, startup companies were quintessentially suburban, in standard-issue office parks dubbed “nerdistans.” Think of Silicon Valley, the North Carolina Research Triangle, and the suburbs of Seattle where Microsoft is located.
But high-tech startups have become increasingly urban in the past decade or so, gravitating to dense neighborhoods in downtown San Francisco and Lower Manhattan, which have supplanted Silicon Valley as the nation’s leading centers for such startups.
Now a new study finds a close connection between transit access and startups of all types—not just high-tech startups. The study, by Kevin Credit from the Center for Spatial Data Science at the University of Chicago, uses advanced spatial econometric techniques to examine the connection between transit and business startups in five cities. Two of them, San Jose (Silicon Valley) and Austin, are well-documented startup hubs with underdeveloped transit infrastructure; two others, Philadelphia and Cleveland, have reasonably well-developed transit systems but low rates of startup activity; and Boston has both a high level of startup activity and an established transit system.
Read more >> https://www.citylab.com/transportation/2019/07/startup-cities-public-transportation-new-business-development/594286/
Getting Investors – Surprising Types
By: Michael J Foycik Jr.
July 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.
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!
Press releases! There are companies that do those. The more press releases, the better. Put up a web site so investors reading the press releases can find you.
Read more >> http://internationalpatentservice.com/Getting-Investors-Surprising-Types.html
July 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.
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!
Press releases! There are companies that do those. The more press releases, the better. Put up a web site so investors reading the press releases can find you.
Read more >> http://internationalpatentservice.com/Getting-Investors-Surprising-Types.html
Canada: Doing Business In Canada 2019 - Protection Of Intellectual Property
By: Fasken Martineau
The protection of intellectual property is primarily a federal responsibility and is the subject of four principal federal statutes: Patent Act, Trade-marks Act, Copyright Act, and Industrial Design Act.
The Canadian Intellectual Property Office of Industry Canada administers these statutes. However, matters like the unauthorized use of a trademark (known as "the law of passing off") or the misuse of a trade secret fall within provincial jurisdiction. In certain circumstances, the federal and provincial jurisdictions will overlap, as is the case with passing off, which is also covered in the Trade-marks Act.
Patents
The Patent Act establishes what is known as a "first to file" system. In Canada, the first applicant to file a patent application for an invention will be entitled to obtain patent protection for that invention.
A Canadian patent grants its owner the exclusive rights to make, use, and sell an invention in Canada, as defined in the claims of the patent, for a period of 20 years from the date of the application. A patent will only be granted for inventions that are new, inventive, and useful and may be obtained for devices, materials, processes, and uses. Patent protection is not available for scientific principles, abstract theorems, or ideas; nor is it available for higher life forms like genetically modified animals.
To be considered new or novel, the invention cannot have been disclosed in such a manner as to have become publicly available anywhere in the world. An exception to this is inventor- derived disclosures; a one-year grace period is provided for any such disclosures.
For the invention to be considered inventive, the differences between the state of the art and the inventive concept of the claims must involve steps that require ingenuity.
Read more >> http://www.mondaq.com/canada/x/823352/Trademark/Doing+Business+In+Canada+2019+Protection+Of+Intellectual+Property
The protection of intellectual property is primarily a federal responsibility and is the subject of four principal federal statutes: Patent Act, Trade-marks Act, Copyright Act, and Industrial Design Act.
The Canadian Intellectual Property Office of Industry Canada administers these statutes. However, matters like the unauthorized use of a trademark (known as "the law of passing off") or the misuse of a trade secret fall within provincial jurisdiction. In certain circumstances, the federal and provincial jurisdictions will overlap, as is the case with passing off, which is also covered in the Trade-marks Act.
Patents
The Patent Act establishes what is known as a "first to file" system. In Canada, the first applicant to file a patent application for an invention will be entitled to obtain patent protection for that invention.
A Canadian patent grants its owner the exclusive rights to make, use, and sell an invention in Canada, as defined in the claims of the patent, for a period of 20 years from the date of the application. A patent will only be granted for inventions that are new, inventive, and useful and may be obtained for devices, materials, processes, and uses. Patent protection is not available for scientific principles, abstract theorems, or ideas; nor is it available for higher life forms like genetically modified animals.
To be considered new or novel, the invention cannot have been disclosed in such a manner as to have become publicly available anywhere in the world. An exception to this is inventor- derived disclosures; a one-year grace period is provided for any such disclosures.
For the invention to be considered inventive, the differences between the state of the art and the inventive concept of the claims must involve steps that require ingenuity.
Read more >> http://www.mondaq.com/canada/x/823352/Trademark/Doing+Business+In+Canada+2019+Protection+Of+Intellectual+Property
Let's Sue That patent Infringer - Or Maybe Not!
By: Michael J Foycik Jr.
July 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.
Someone is infringing your patent. Now you want to rush out and sue them! Let's stop and talk about that for a minute.
The best reason to wait: that infringer is promoting your product, which takes time, money and effort before it pays off. So, let them do it for a while, and then swoop in! You shouldn't wait too long, perhaps a year or two or three, although some case law suggests that you can wait six years to sue. Don't rely on that, of course - in a specific case your patent attorney should verify and recommend specific deadlines.
Let's just mention that there can be a number of defenses to a patent lawsuit. Such defenses depend on the answers to the following (and possibly other) questions, such as: Was the infringer actually the first to use it? Can your patent be challenged? Were you actually damaged? Is the alleged infringer's device/product really close enough to your patent to infringe its claims?
Now let's say there are no defenses to the lawsuit, and victory is absolutely certain. This is very hypothetical, of course, since there is always some uncertainly. But, assuming this perfect situation, should you still go ahead and sue? The answer may be “no” for a number of reasons!
So don't sue? Why not? Well, for starters, if the infringement was for a small number of products, you are unlikely to get meaningfully large damages. It is very easy to spend more money that you can recover. That's right, you can win the lawsuit and yet get little or no cash.
Read more >> http://internationalpatentservice.com/Lets-Sue-That-patent-Infringer.html
July 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.
Someone is infringing your patent. Now you want to rush out and sue them! Let's stop and talk about that for a minute.
The best reason to wait: that infringer is promoting your product, which takes time, money and effort before it pays off. So, let them do it for a while, and then swoop in! You shouldn't wait too long, perhaps a year or two or three, although some case law suggests that you can wait six years to sue. Don't rely on that, of course - in a specific case your patent attorney should verify and recommend specific deadlines.
Let's just mention that there can be a number of defenses to a patent lawsuit. Such defenses depend on the answers to the following (and possibly other) questions, such as: Was the infringer actually the first to use it? Can your patent be challenged? Were you actually damaged? Is the alleged infringer's device/product really close enough to your patent to infringe its claims?
Now let's say there are no defenses to the lawsuit, and victory is absolutely certain. This is very hypothetical, of course, since there is always some uncertainly. But, assuming this perfect situation, should you still go ahead and sue? The answer may be “no” for a number of reasons!
So don't sue? Why not? Well, for starters, if the infringement was for a small number of products, you are unlikely to get meaningfully large damages. It is very easy to spend more money that you can recover. That's right, you can win the lawsuit and yet get little or no cash.
Read more >> http://internationalpatentservice.com/Lets-Sue-That-patent-Infringer.html
Sports and Intellectual Property
By: George Miller
While at first this may seem strange, you only need to think for a moment about all of the creative aspects that go into sports. There’s actually a great deal of protectable intellectual property in many different areas.
To go over a few of the ways that intellectual property matters in sports, we’ll touch upon four of the most notable areas: technology, branding, design and licenses/sponsorships.
Technology
Sports technologists are constantly developing better sports equipment with creative and innovative designs and concepts to enhance performance and make the products safer, better and more effective.
From swimsuits to tennis rackets, there is always something that can be improved with cutting-edge ideas that qualify for IP protection, spurring inventors to learn how to patent an idea and ensure the rights to their ingenuity.
Read more >> https://europeangaming.eu/portal/latest-news/2019/07/23/51067/sports-and-intellectual-property/
While at first this may seem strange, you only need to think for a moment about all of the creative aspects that go into sports. There’s actually a great deal of protectable intellectual property in many different areas.
To go over a few of the ways that intellectual property matters in sports, we’ll touch upon four of the most notable areas: technology, branding, design and licenses/sponsorships.
Technology
Sports technologists are constantly developing better sports equipment with creative and innovative designs and concepts to enhance performance and make the products safer, better and more effective.
From swimsuits to tennis rackets, there is always something that can be improved with cutting-edge ideas that qualify for IP protection, spurring inventors to learn how to patent an idea and ensure the rights to their ingenuity.
Read more >> https://europeangaming.eu/portal/latest-news/2019/07/23/51067/sports-and-intellectual-property/
How to Get a Patent
By: Michael J Foycik Jr.
July 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.
How to Get a Patent
How to get a Patent? That’s a good question! The short and long answers are below.
The short answer is : In the US, file a US Utility Patent Application, or a US Design Patent Application. Note that a US Provisional Patent Application does not become a US Patent, but does give “patent pending” status.
And, do you need a US Patent Attorney? Yes and No. In theory, a patent application can be filed by the inventor. Due to the great number of legal technicalities and chances of losing rights by use of poor legal language or by failing to add the right legal language, most authorities believe it is by far the best course of action to have a US Patent Attorney prepare the patent application. Some very experienced inventors might prepare their own patent applications, although that is not common.
The longer answer is:
These are the basic steps for how to get a patent. For a Utility Patent, the goal is to get broad claims allowed by the US Patent Office, and which become part of an Issued Patent. The claims define the scope of what is legally protected by the issued patent.
The inventor should write a description of the invention, and make sketches or drawings which can show the invention. The description and drawings do not have to be very detailed, as long as they clearly explain what the inventor believes is new.
If working with a US Patent Attorney or US Patent Lawyer, something which is highly recommended, this information may be enough to start. The US Patent Attorney will then draft a more detailed version of the invention in the format required by the US Patent Office, referred to below as the USPTO (which is short for US Patent and Trademark Office).
Read more >> http://internationalpatentservice.com/how-to-get-a-patent.html
July 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.
How to Get a Patent
How to get a Patent? That’s a good question! The short and long answers are below.
The short answer is : In the US, file a US Utility Patent Application, or a US Design Patent Application. Note that a US Provisional Patent Application does not become a US Patent, but does give “patent pending” status.
And, do you need a US Patent Attorney? Yes and No. In theory, a patent application can be filed by the inventor. Due to the great number of legal technicalities and chances of losing rights by use of poor legal language or by failing to add the right legal language, most authorities believe it is by far the best course of action to have a US Patent Attorney prepare the patent application. Some very experienced inventors might prepare their own patent applications, although that is not common.
The longer answer is:
These are the basic steps for how to get a patent. For a Utility Patent, the goal is to get broad claims allowed by the US Patent Office, and which become part of an Issued Patent. The claims define the scope of what is legally protected by the issued patent.
The inventor should write a description of the invention, and make sketches or drawings which can show the invention. The description and drawings do not have to be very detailed, as long as they clearly explain what the inventor believes is new.
If working with a US Patent Attorney or US Patent Lawyer, something which is highly recommended, this information may be enough to start. The US Patent Attorney will then draft a more detailed version of the invention in the format required by the US Patent Office, referred to below as the USPTO (which is short for US Patent and Trademark Office).
Read more >> http://internationalpatentservice.com/how-to-get-a-patent.html
How to Staff Your Startup Team
By: Arlen Meyers
Every entrepreneur who has succeeded or failed (is there a difference?) has advice about how to get the right people on the bus. What questions should you ask at the interview? What character traits should you seek and how do you do that? How much is science and how much is just going with your gut and whether you click?
What Google found was that interview scores had no correlation with performance, of those who got hired.
Likewise, advisors or potential employees want to find the right fit as well. The rules are somewhat different when it comes to the board of directors, the management team, employees, consultants and advisors.
Maybe flipping a coin or a job lottery would save a bunch of time and money and get the same results.
I’ve been on both sides of the table so allow me share my two cents on how to staff your startup:
> Hope for the best and expect to fire fast. Give yourself lots of wiggle room.
> Don’t hire hood ornaments (doctors with fancy credentials that you parade on your website and pitch deck) unless you simply need one for credibility and really don’t expect them to do much more.
> Clarify expectations, timelines and benchmarks
> Rent advisors, don’t buy them
> Barter, don’t rent, if possible
Read more >> https://www.innovationexcellence.com/blog/2019/06/28/how-to-staff-your-startup-team/
Every entrepreneur who has succeeded or failed (is there a difference?) has advice about how to get the right people on the bus. What questions should you ask at the interview? What character traits should you seek and how do you do that? How much is science and how much is just going with your gut and whether you click?
What Google found was that interview scores had no correlation with performance, of those who got hired.
Likewise, advisors or potential employees want to find the right fit as well. The rules are somewhat different when it comes to the board of directors, the management team, employees, consultants and advisors.
Maybe flipping a coin or a job lottery would save a bunch of time and money and get the same results.
I’ve been on both sides of the table so allow me share my two cents on how to staff your startup:
> Hope for the best and expect to fire fast. Give yourself lots of wiggle room.
> Don’t hire hood ornaments (doctors with fancy credentials that you parade on your website and pitch deck) unless you simply need one for credibility and really don’t expect them to do much more.
> Clarify expectations, timelines and benchmarks
> Rent advisors, don’t buy them
> Barter, don’t rent, if possible
Read more >> https://www.innovationexcellence.com/blog/2019/06/28/how-to-staff-your-startup-team/
Myths and Misconceptions About International Patent Applications
By: Michael J Foycik Jr.
July 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.
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
July 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.
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
How To Make Money With Your Ideas As A Startup
By: Carlos Silva M.
Ideas can come from anywhere: a part-time hobby in someone’s garage, exciting planning over the kitchen table, or even at the local university’s funded incubator.
In fact, ask any venture capitalist and he or she will tell you ideas and people to work hard are easy to come by. However, the process of maturing an idea, no matter how brilliant, into a successful business is exceedingly complex, challenging, fraught with risk, and expensive.
Unfortunately, a great majority of startups fail. But, what attributes separate the few successful startups from their less successful counterparts?
Very often, the difference between expansion and extinction comes down to the ability to raise additional capital. It’s not uncommon for startups to have little or no revenue, large research and development expenses, and few tangible assets.
For these companies, especially, the primary and most valuable assets are their ideas and the IP that protects their ideas -- patents, trade secrets, design rights, trademarks, and copyrights.
Read more >> https://kisspatent.com/resources/how-to-make-money-with-your-ideas-as-a-startup
Ideas can come from anywhere: a part-time hobby in someone’s garage, exciting planning over the kitchen table, or even at the local university’s funded incubator.
In fact, ask any venture capitalist and he or she will tell you ideas and people to work hard are easy to come by. However, the process of maturing an idea, no matter how brilliant, into a successful business is exceedingly complex, challenging, fraught with risk, and expensive.
Unfortunately, a great majority of startups fail. But, what attributes separate the few successful startups from their less successful counterparts?
Very often, the difference between expansion and extinction comes down to the ability to raise additional capital. It’s not uncommon for startups to have little or no revenue, large research and development expenses, and few tangible assets.
For these companies, especially, the primary and most valuable assets are their ideas and the IP that protects their ideas -- patents, trade secrets, design rights, trademarks, and copyrights.
Read more >> https://kisspatent.com/resources/how-to-make-money-with-your-ideas-as-a-startup
Patent Application – What to Expect After You File One
By: Michael J Foycik Jr.
July 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.
So you're an inventor with a patent application! What happens now that it has been filed with the US Patent Office? Here's what to expect.
First, you'll get your Official Filing Receipt – it is actually pretty important. Sure, you'll get an electronic filing receipt if you filed it online. But, that's not what matters. The Official Filing Receipt is the easiest and fastest way to get your foreign filing license. And you'll want that, if you ever intend to file in other countries and need your US priority date.
If the US Patent Office has any objections to the drawings, specification, or abstract, they'll (usually) notify you at the same time they send the Official Filing Receipt. Formal drawings are the main type of objection – you'll need those.
After a period of time, typically anywhere from six months to two years, you'll get your first Office Action. That's typically where the patent examiner reads the case, searches for the claimed invention, and applies the prior art to the claims. This is also where the examiner can make objects, for example objections to claim language, to errors in the specification or drawings, or other things.
The first Office Action could, of course, be an allowance. Those are not that common. If your application is allowed, there is an Issue Fee due that varies depending on your inventorship status (micro entity, small entity, or non-small entity). There is also a publication fee due, too (if the application was published).
Assuming you didn't get an allowance, then you'll have the option to respond to the First Office Action. Typically, your Response would meet any objections by amending the offending parts. And, your Response typically would provide remarks in support of patentability, such as explaining how the invention as claimed differs from the applied references. Your Response likely will also include an amendment to the claims to recite a feature not found in the applied reference, and this is one way to overcome an applied reference.
Read more >> http://internationalpatentservice.com/What-to-Expect-After-You-File-One.html
July 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.
So you're an inventor with a patent application! What happens now that it has been filed with the US Patent Office? Here's what to expect.
First, you'll get your Official Filing Receipt – it is actually pretty important. Sure, you'll get an electronic filing receipt if you filed it online. But, that's not what matters. The Official Filing Receipt is the easiest and fastest way to get your foreign filing license. And you'll want that, if you ever intend to file in other countries and need your US priority date.
If the US Patent Office has any objections to the drawings, specification, or abstract, they'll (usually) notify you at the same time they send the Official Filing Receipt. Formal drawings are the main type of objection – you'll need those.
After a period of time, typically anywhere from six months to two years, you'll get your first Office Action. That's typically where the patent examiner reads the case, searches for the claimed invention, and applies the prior art to the claims. This is also where the examiner can make objects, for example objections to claim language, to errors in the specification or drawings, or other things.
The first Office Action could, of course, be an allowance. Those are not that common. If your application is allowed, there is an Issue Fee due that varies depending on your inventorship status (micro entity, small entity, or non-small entity). There is also a publication fee due, too (if the application was published).
Assuming you didn't get an allowance, then you'll have the option to respond to the First Office Action. Typically, your Response would meet any objections by amending the offending parts. And, your Response typically would provide remarks in support of patentability, such as explaining how the invention as claimed differs from the applied references. Your Response likely will also include an amendment to the claims to recite a feature not found in the applied reference, and this is one way to overcome an applied reference.
Read more >> http://internationalpatentservice.com/What-to-Expect-After-You-File-One.html
Intellectual Property Rights and their types explained
By: Kumar Hemant
Intellectual Property Rights (IPR) protects the most valued of all creations — the human mind. The human mind invents, creates, and develops a new product. IPR protects the creator’s interests and sees to it that they get exclusive rights over their products and receive the benefit from their product. The product can be anything from a new invention to a literary work or even symbols.
IPR is necessary for the protection of the products and thus help in a country’s economic growth while striking a balance between private and public interests.
Intellectual property rights have been around since medieval times. Following are the primary laws and agreements that have established the basis of IPR.
> The Stature of Monopolies (1623) is seen as the first law on patents. The act gave the inventor exclusive control over an invention created by him, for 14 years.
> The Statute of Anne (1710) gave the first copyright law. This act granted a 14-year renewal of the exclusive rights after fulfilling certain conditions.
> The Paris Convention (1883) was a first intervention to ensure that the works are protected in other countries.
> The Berne Convention (1886) provided minimum protection and special provisions to works of writers, musicians, painters, and many other professions.
> The Madrid Agreement (1891) provided for an international registration that can be used for the broader protection of the trademark.
> The United International Bureaux for the protection of Intellectual Property (1883) was formed by the merging of the Paris and the Berne Conventions.
Read more >> https://candid.technology/intellectual-property-rights-types/
Intellectual Property Rights (IPR) protects the most valued of all creations — the human mind. The human mind invents, creates, and develops a new product. IPR protects the creator’s interests and sees to it that they get exclusive rights over their products and receive the benefit from their product. The product can be anything from a new invention to a literary work or even symbols.
IPR is necessary for the protection of the products and thus help in a country’s economic growth while striking a balance between private and public interests.
Intellectual property rights have been around since medieval times. Following are the primary laws and agreements that have established the basis of IPR.
> The Stature of Monopolies (1623) is seen as the first law on patents. The act gave the inventor exclusive control over an invention created by him, for 14 years.
> The Statute of Anne (1710) gave the first copyright law. This act granted a 14-year renewal of the exclusive rights after fulfilling certain conditions.
> The Paris Convention (1883) was a first intervention to ensure that the works are protected in other countries.
> The Berne Convention (1886) provided minimum protection and special provisions to works of writers, musicians, painters, and many other professions.
> The Madrid Agreement (1891) provided for an international registration that can be used for the broader protection of the trademark.
> The United International Bureaux for the protection of Intellectual Property (1883) was formed by the merging of the Paris and the Berne Conventions.
Read more >> https://candid.technology/intellectual-property-rights-types/
Why Worry About Infringement – Things To Do First
By: Michael J Foycik Jr.
July 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've seen the topic of patent infringement in the news. Should you be worried? If you are, here's some things to do that should minimize your risk.
If your product needs a component that is patented, you have two options. One is to buy that component from the patent owner or from an official licensee. Why? It carries an implied license. The other option is to contact the patent owner and negotiate a license, in which case fees may be small.
What if there's nothing out there like your product, how will you know if you should worry? You can do a right-to-use patent search. This is different from a normal patentability search, because you're not worried about patentability – you're worried about infringement. In a right-to-use patent search, you will search for patents that are expired, meaning more than 17 years old. If you can find the component or feature that is of interest, then you can rely on it and have a right-to-use. For a quick and easy patent search, try going to any patent site that allows searching, such as the official uspto site or Google® patents.
Read more >> http://internationalpatentservice.com/Why-Worry-About-Infringement.html
July 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've seen the topic of patent infringement in the news. Should you be worried? If you are, here's some things to do that should minimize your risk.
If your product needs a component that is patented, you have two options. One is to buy that component from the patent owner or from an official licensee. Why? It carries an implied license. The other option is to contact the patent owner and negotiate a license, in which case fees may be small.
What if there's nothing out there like your product, how will you know if you should worry? You can do a right-to-use patent search. This is different from a normal patentability search, because you're not worried about patentability – you're worried about infringement. In a right-to-use patent search, you will search for patents that are expired, meaning more than 17 years old. If you can find the component or feature that is of interest, then you can rely on it and have a right-to-use. For a quick and easy patent search, try going to any patent site that allows searching, such as the official uspto site or Google® patents.
Read more >> http://internationalpatentservice.com/Why-Worry-About-Infringement.html
How Do Intellectual Property Laws Apply to Online Content?
By: Aditi Ramesh
Intellectual property refers to creations from the mind that can be legally owned. They are intangible assets. All businesses will have some form of intellectual property (IP) they wish to protect. Therefore, intellectual property laws protect a business’ new creations and ideas. Your ideas and creations are important for the long-term prosperity of your business. Hence, it is important to know how to protect your intangible work. The best way to do this is by registering your IP. You can do this by applying for a trademark or a patent. These will stop your competitors from using your ideas and will give you a competitive advantage in the market. On the other hand, you are dealing with copyright laws when you are dealing with internet content.
What is internet content?
Internet content refers to anything that has been published on the internet. This includes articles, websites, music and more. A company called Interparty has argued that “users of the internet have been conditioned to believe that everything is free”. This is because this content is so easily available to internet users. There are numerous sites that make it easy to download music and movies for free. Moreover, people use information from online articles without referencing them. These are all breaches of people’s intellectual property rights. Although internet content is free, this does not mean that these creations cannot be protected. Illegal downloads are a huge breach of copyright laws.
Read more >> https://lawpath.com.au/blog/how-do-intellectual-property-laws-apply-to-online-content
Intellectual property refers to creations from the mind that can be legally owned. They are intangible assets. All businesses will have some form of intellectual property (IP) they wish to protect. Therefore, intellectual property laws protect a business’ new creations and ideas. Your ideas and creations are important for the long-term prosperity of your business. Hence, it is important to know how to protect your intangible work. The best way to do this is by registering your IP. You can do this by applying for a trademark or a patent. These will stop your competitors from using your ideas and will give you a competitive advantage in the market. On the other hand, you are dealing with copyright laws when you are dealing with internet content.
What is internet content?
Internet content refers to anything that has been published on the internet. This includes articles, websites, music and more. A company called Interparty has argued that “users of the internet have been conditioned to believe that everything is free”. This is because this content is so easily available to internet users. There are numerous sites that make it easy to download music and movies for free. Moreover, people use information from online articles without referencing them. These are all breaches of people’s intellectual property rights. Although internet content is free, this does not mean that these creations cannot be protected. Illegal downloads are a huge breach of copyright laws.
Read more >> https://lawpath.com.au/blog/how-do-intellectual-property-laws-apply-to-online-content
Costly Misconceptions About Trademarks
By: Michael J Foycik Jr.
July 14, 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.
Getting a trademark is a great idea, but things may not be that simple. There are some misconceptions that can cost time, money, or even loss of rights.
One common misconception is that a registered trademark is necessary to have enforceable trademark rights. We are all familiar with registered trademarks – the kind with the ® registration symbol. But, trademark rights normally arise from actual use, even for unregistered trademarks. State courts can enforce such rights arising from actual use, even in the absence of a federally registered trademark. No registration, no problem – sometimes.
Getting a registered trademark requires filing a trademark application. Choices need to be made right at the start: actual use or intent-to-use; type of goods/services; logo or word mark. These choices can have profound consequences. Even the U.S. Trademark Office recommends having an experienced trademark attorney help with those choices – you'll see the warning for that in the online trademark application filing forms and elsewhere.
Actual use sounds better than intent-to-use. Maybe so - unless there is a conflict with another trademark filed on an intent-to-use basis. Then, surprisingly, the owner of the intent-to-use to application is permitted to introduce evidence of events that show an intent-to-use that has occurred before the application's filing date. The actual-use applicant does not have the same rights. Such evidence of intent-to-use can be scant: a mere mention at a business meeting, or an order for design of the mark, for example. This is peculiar to federal trademarks; state courts can apply their own standards and might well decide specific cases differently.
Read more >> http://internationalpatentservice.com/Costly-Misconceptions-About-Trademarks.html
July 14, 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.
Getting a trademark is a great idea, but things may not be that simple. There are some misconceptions that can cost time, money, or even loss of rights.
One common misconception is that a registered trademark is necessary to have enforceable trademark rights. We are all familiar with registered trademarks – the kind with the ® registration symbol. But, trademark rights normally arise from actual use, even for unregistered trademarks. State courts can enforce such rights arising from actual use, even in the absence of a federally registered trademark. No registration, no problem – sometimes.
Getting a registered trademark requires filing a trademark application. Choices need to be made right at the start: actual use or intent-to-use; type of goods/services; logo or word mark. These choices can have profound consequences. Even the U.S. Trademark Office recommends having an experienced trademark attorney help with those choices – you'll see the warning for that in the online trademark application filing forms and elsewhere.
Actual use sounds better than intent-to-use. Maybe so - unless there is a conflict with another trademark filed on an intent-to-use basis. Then, surprisingly, the owner of the intent-to-use to application is permitted to introduce evidence of events that show an intent-to-use that has occurred before the application's filing date. The actual-use applicant does not have the same rights. Such evidence of intent-to-use can be scant: a mere mention at a business meeting, or an order for design of the mark, for example. This is peculiar to federal trademarks; state courts can apply their own standards and might well decide specific cases differently.
Read more >> http://internationalpatentservice.com/Costly-Misconceptions-About-Trademarks.html
Everything You Need to Know About Intellectual Property
By: Erik J. Martin
You can safeguard your business’s physical assets like the office, goods and equipment with an insurance policy. But how do you protect intangibles like your company’s name, logo, content, creative ideas or original creations from being stolen? The answer is to secure trademarks, copyrights, patents and other intellectual property rights.
According to the World Intellectual Property Organization, intellectual property refers to “creations of the mind,” like artistic or literary works, names, images, symbols, designs and inventions used for business purposes.
“These are comprised substantially of ideas and know-how, which are incapable of being locked up for safe keeping but vulnerable to being grabbed and republished by anyone else who may know of them,” said Maribeth Meluch, registered patent attorney and partner with Isaac Wiles Burkholder and Teetor.
Consider how easy it is for your intellectual property to be infringed upon. If you’re a homebuilder, a competitor could copy or emulate your floorplan design. If you run a website that offers self-help articles, another site could reproduce some of your content without your permission. Or, if you own a store, a rival may decide to open a store with the same name within a few miles of yours.
Read more >> https://www.uschamber.com/co/start/strategy/how-to-protect-intellectual-property?cid=search
You can safeguard your business’s physical assets like the office, goods and equipment with an insurance policy. But how do you protect intangibles like your company’s name, logo, content, creative ideas or original creations from being stolen? The answer is to secure trademarks, copyrights, patents and other intellectual property rights.
According to the World Intellectual Property Organization, intellectual property refers to “creations of the mind,” like artistic or literary works, names, images, symbols, designs and inventions used for business purposes.
“These are comprised substantially of ideas and know-how, which are incapable of being locked up for safe keeping but vulnerable to being grabbed and republished by anyone else who may know of them,” said Maribeth Meluch, registered patent attorney and partner with Isaac Wiles Burkholder and Teetor.
Consider how easy it is for your intellectual property to be infringed upon. If you’re a homebuilder, a competitor could copy or emulate your floorplan design. If you run a website that offers self-help articles, another site could reproduce some of your content without your permission. Or, if you own a store, a rival may decide to open a store with the same name within a few miles of yours.
Read more >> https://www.uschamber.com/co/start/strategy/how-to-protect-intellectual-property?cid=search
Three Things You Should Look For In A Patent Attorney, With Handy How-To Guide
By: Michael J Foycik Jr.
July 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.
Getting a patent attorney or patent firm? Get the name of the individual attorney who will personally do the work on your case. You'll wish to know whether the patent attorney is registered; is qualified in the relevant technical arts; and has a successful track record. The following explains how.
Why do we care about this? Because once a patent application is filed, it will be examined by a patent examiner. Most applications receive an official action with some kind of rejection or objection. Many such rejections and objections can be overcome, some more easily than others. Not every patent application is allowed, and therefore the skill of the individual patent attorney comes into play. The patent attorney must be capable of making convincing legal and technical arguments in support of patentability. And, the patent attorney must be skilled at claim drafting: amending a claim skillfully may overcome a rejection or objection. Failure to skillfully respond can result in greater expense and may fail to result in obtaining an issued patent.
Is your attorney/firm experienced, with many good results? Since the attorney or law firm name is printed on the front of issued U.S. Patents, you can easily find out what type of patents they handle, and how many have issued. You can find out by using the patent search feature on the site www.google.com/advanced_patent_search; type in the name of the attorney in the top blank. It should find all issued patents with that name in it. You can do this more precisely at the official U.S. Patent Office site www.uspto.gov, by going to that site and in the upper right corner click the button “search for patents” where you'll get several databases to choose from. Select the first one, and a search box comes up allowing clicking on the “all fields” button and changing it to “attorney or agent.”
Read more >> http://internationalpatentservice.com/Three-Things-You-Should-Look-For-In-A-Patent-Attorney.html
July 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.
Getting a patent attorney or patent firm? Get the name of the individual attorney who will personally do the work on your case. You'll wish to know whether the patent attorney is registered; is qualified in the relevant technical arts; and has a successful track record. The following explains how.
Why do we care about this? Because once a patent application is filed, it will be examined by a patent examiner. Most applications receive an official action with some kind of rejection or objection. Many such rejections and objections can be overcome, some more easily than others. Not every patent application is allowed, and therefore the skill of the individual patent attorney comes into play. The patent attorney must be capable of making convincing legal and technical arguments in support of patentability. And, the patent attorney must be skilled at claim drafting: amending a claim skillfully may overcome a rejection or objection. Failure to skillfully respond can result in greater expense and may fail to result in obtaining an issued patent.
Is your attorney/firm experienced, with many good results? Since the attorney or law firm name is printed on the front of issued U.S. Patents, you can easily find out what type of patents they handle, and how many have issued. You can find out by using the patent search feature on the site www.google.com/advanced_patent_search; type in the name of the attorney in the top blank. It should find all issued patents with that name in it. You can do this more precisely at the official U.S. Patent Office site www.uspto.gov, by going to that site and in the upper right corner click the button “search for patents” where you'll get several databases to choose from. Select the first one, and a search box comes up allowing clicking on the “all fields” button and changing it to “attorney or agent.”
Read more >> http://internationalpatentservice.com/Three-Things-You-Should-Look-For-In-A-Patent-Attorney.html
Did You Say “Intellectual Property”? It's a Seductive Mirage
By: Richard M. Stallman
It has become fashionable to toss copyright, patents, and trademarks—three separate and different entities involving three separate and different sets of laws—plus a dozen other laws into one pot and call it “intellectual property”. The distorting and confusing term did not become common by accident. Companies that gain from the confusion promoted it. The clearest way out of the confusion is to reject the term entirely.
According to Professor Mark Lemley, now of the Stanford Law School, the widespread use of the term “intellectual property” is a fashion that followed the 1967 founding of the World “Intellectual Property” Organization (WIPO), and only became really common in recent years. (WIPO is formally a UN organization, but in fact represents the interests of the holders of copyrights, patents, and trademarks.) Wide use dates from around 1990. (Local image copy)
The term carries a bias that is not hard to see: it suggests thinking about copyright, patents and trademarks by analogy with property rights for physical objects. (This analogy is at odds with the legal philosophies of copyright law, of patent law, and of trademark law, but only specialists know that.) These laws are in fact not much like physical property law, but use of this term leads legislators to change them to be more so. Since that is the change desired by the companies that exercise copyright, patent and trademark powers, the bias introduced by the term “intellectual property” suits them.
The bias is reason enough to reject the term, and people have often asked me to propose some other name for the overall category—or have proposed their own alternatives (often humorous). Suggestions include IMPs, for Imposed Monopoly Privileges, and GOLEMs, for Government-Originated Legally Enforced Monopolies. Some speak of “exclusive rights regimes”, but referring to restrictions as “rights” is doublethink too.
Read more >> https://www.gnu.org/philosophy/not-ipr.en.html
It has become fashionable to toss copyright, patents, and trademarks—three separate and different entities involving three separate and different sets of laws—plus a dozen other laws into one pot and call it “intellectual property”. The distorting and confusing term did not become common by accident. Companies that gain from the confusion promoted it. The clearest way out of the confusion is to reject the term entirely.
According to Professor Mark Lemley, now of the Stanford Law School, the widespread use of the term “intellectual property” is a fashion that followed the 1967 founding of the World “Intellectual Property” Organization (WIPO), and only became really common in recent years. (WIPO is formally a UN organization, but in fact represents the interests of the holders of copyrights, patents, and trademarks.) Wide use dates from around 1990. (Local image copy)
The term carries a bias that is not hard to see: it suggests thinking about copyright, patents and trademarks by analogy with property rights for physical objects. (This analogy is at odds with the legal philosophies of copyright law, of patent law, and of trademark law, but only specialists know that.) These laws are in fact not much like physical property law, but use of this term leads legislators to change them to be more so. Since that is the change desired by the companies that exercise copyright, patent and trademark powers, the bias introduced by the term “intellectual property” suits them.
The bias is reason enough to reject the term, and people have often asked me to propose some other name for the overall category—or have proposed their own alternatives (often humorous). Suggestions include IMPs, for Imposed Monopoly Privileges, and GOLEMs, for Government-Originated Legally Enforced Monopolies. Some speak of “exclusive rights regimes”, but referring to restrictions as “rights” is doublethink too.
Read more >> https://www.gnu.org/philosophy/not-ipr.en.html
Trade Secrets - Better Protection Than a Patent for New Products and Inventions?
By: Michael J Foycik Jr.
July 8, 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.
Let's see why there's no “trade secret” office. First, you can easily establish your trade secret rights yourself. How? Start by documenting the materials you regard as your trade secret, and mark the pages “confidential.” You can just mark the cover page as confidential, but more is better. Whenever you show the materials to anyone, document that: write a note to yourself stating who saw the materials and when they saw them; and put a copy of the exact materials shown in an envelope. If you have witnesses, write down their names. If there were telephone calls or emails, note those; and so on.
Read more >> http://internationalpatentservice.com/Trade-Secrets-Better-Protection-Than-a-Patent-for-New-Products-and-Inventions.html
July 8, 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.
Let's see why there's no “trade secret” office. First, you can easily establish your trade secret rights yourself. How? Start by documenting the materials you regard as your trade secret, and mark the pages “confidential.” You can just mark the cover page as confidential, but more is better. Whenever you show the materials to anyone, document that: write a note to yourself stating who saw the materials and when they saw them; and put a copy of the exact materials shown in an envelope. If you have witnesses, write down their names. If there were telephone calls or emails, note those; and so on.
Read more >> http://internationalpatentservice.com/Trade-Secrets-Better-Protection-Than-a-Patent-for-New-Products-and-Inventions.html
Women must have greater participation in Intellectual Property
By: Christian Vázquez
There is no doubt that there is currently a much-needed crusade in favor of gender equality in every sector of human life. A crusade to promote equality, respect and the development of equitable conditions so that men and women can carry out any activity without their gender being an impediment to it.
Unfortunately, the above is still far in many aspects. It is enough to take a magazine, watch a newscast, ramble through social networks or read articles on the internet (regardless of the branch they belong to), to realize the amount of articles that inform about the still existing gaps between men and women … salaries, opportunities and recognition. Regarding Intellectual Property, this is not an exception.
We’re going with some hard data. The United States Patent and Trademark Office (USPTO) ─Patent and Trademark Office of the United States, for its translation into Spanish─, recently published a report highlighting that the number of patents with female participatio) has increased from 7 to 21% of the total in your country, from 1980 to 2016, which clearly represents growth but still leaves much to be desired in terms of percentage. In addition, in that same 2016, only one 12% of the patents had as owner or creator a woman.
Another nation where the voice has already been raised on this issue is Spain. One of its most important media, El País, published an article last year stating that only one patent application is submitted under the signature of one woman for every 10 petitions registered by men. But this means does not stop there, also highlights that the applications submitted by women, either as holders or as a majority within the group that claims the patent, has less chance of obtaining it according to a study cited in said article and made by researchers from Yale University.
Read more >> https://masmarcas.com/2019/07/05/women-must-have-greater-participation-in-intellectual-property/
There is no doubt that there is currently a much-needed crusade in favor of gender equality in every sector of human life. A crusade to promote equality, respect and the development of equitable conditions so that men and women can carry out any activity without their gender being an impediment to it.
Unfortunately, the above is still far in many aspects. It is enough to take a magazine, watch a newscast, ramble through social networks or read articles on the internet (regardless of the branch they belong to), to realize the amount of articles that inform about the still existing gaps between men and women … salaries, opportunities and recognition. Regarding Intellectual Property, this is not an exception.
We’re going with some hard data. The United States Patent and Trademark Office (USPTO) ─Patent and Trademark Office of the United States, for its translation into Spanish─, recently published a report highlighting that the number of patents with female participatio) has increased from 7 to 21% of the total in your country, from 1980 to 2016, which clearly represents growth but still leaves much to be desired in terms of percentage. In addition, in that same 2016, only one 12% of the patents had as owner or creator a woman.
Another nation where the voice has already been raised on this issue is Spain. One of its most important media, El País, published an article last year stating that only one patent application is submitted under the signature of one woman for every 10 petitions registered by men. But this means does not stop there, also highlights that the applications submitted by women, either as holders or as a majority within the group that claims the patent, has less chance of obtaining it according to a study cited in said article and made by researchers from Yale University.
Read more >> https://masmarcas.com/2019/07/05/women-must-have-greater-participation-in-intellectual-property/
What Happens After Filing a Utility Patent Application
By: Michael J Foycik Jr.
July 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.
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
July 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.
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
How AI will revolutionise trademark searches
By: Tim Lince
> Long predicted rise in artificial intelligence to improve efficiency of sorting big data
> Researchers find AI drastically aids similar searches during trademark examinations
> Exclusive guest post looks at how AI should be considered at national IP offices
There is little doubt that artificial intelligence (AI) will transform many industries across the globe. Now, researchers from the Ben-Gurion University of the Negev in Israel have looked at how advanced AI tools will transform how trademark searches are conducted in the future – and, in an exclusive guest post, expand on what it means for trademark practitioners.
WTR has written before about how artificial intelligence could change the status quo for those working in the trademark industry. Indeed, late last year, we cut through concerns about how the development of AI technology could impact legal, and specifically trademark, practice.
One of the primary areas that AI could significantly improve the trademark ecosystem is through improved search. In research released in the past few weeks, it was found that IP office examinations could be a game-changer, especially when it comes to more efficiently identifying trademark similarity.
Now, in the exclusive guest post below, the authors of the study, Idan Mosseri, Matan Rusanovsky and Gal Oren from Ben-Gurion University of the Negev, explain some of the key findings from their research and why IP offices should consider how AI could improve their internal processes. All three academics are co-founders of AI tool TradeMarker, while Rusanovsky is also a researcher at the Israel Atomic Energy Commission, and Mosseri and Oren are researchers at the Nuclear Research Center - Negev.
Read more >> https://www.worldtrademarkreview.com/ip-offices/how-artificial-intelligence-will-revolutionise-trademark-search
> Long predicted rise in artificial intelligence to improve efficiency of sorting big data
> Researchers find AI drastically aids similar searches during trademark examinations
> Exclusive guest post looks at how AI should be considered at national IP offices
There is little doubt that artificial intelligence (AI) will transform many industries across the globe. Now, researchers from the Ben-Gurion University of the Negev in Israel have looked at how advanced AI tools will transform how trademark searches are conducted in the future – and, in an exclusive guest post, expand on what it means for trademark practitioners.
WTR has written before about how artificial intelligence could change the status quo for those working in the trademark industry. Indeed, late last year, we cut through concerns about how the development of AI technology could impact legal, and specifically trademark, practice.
One of the primary areas that AI could significantly improve the trademark ecosystem is through improved search. In research released in the past few weeks, it was found that IP office examinations could be a game-changer, especially when it comes to more efficiently identifying trademark similarity.
Now, in the exclusive guest post below, the authors of the study, Idan Mosseri, Matan Rusanovsky and Gal Oren from Ben-Gurion University of the Negev, explain some of the key findings from their research and why IP offices should consider how AI could improve their internal processes. All three academics are co-founders of AI tool TradeMarker, while Rusanovsky is also a researcher at the Israel Atomic Energy Commission, and Mosseri and Oren are researchers at the Nuclear Research Center - Negev.
Read more >> https://www.worldtrademarkreview.com/ip-offices/how-artificial-intelligence-will-revolutionise-trademark-search
Myths and Misconceptions About International Patent Applications
By: Michael J Foycik Jr.
July 3, 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.
Misconception: a foreign patent is equivalent to a US patent. Fact: the protection afforded by a granted patent differs widely among countries. For example, a US patent confers protection that is considered very broad, and legal rights are as strong as other property rights. In some countries, a granted patent may have little practical value, or may be costly to enforce, or may only cover what is specifically shown and not variations. It is important to know the legal rights conferred in a specific country, before filing a patent application there.
Read more >> http://internationalpatentservice.com/Myths-and-Misconceptions-About-International-Patent-Applications.html
July 3, 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.
Misconception: a foreign patent is equivalent to a US patent. Fact: the protection afforded by a granted patent differs widely among countries. For example, a US patent confers protection that is considered very broad, and legal rights are as strong as other property rights. In some countries, a granted patent may have little practical value, or may be costly to enforce, or may only cover what is specifically shown and not variations. It is important to know the legal rights conferred in a specific country, before filing a patent application there.
Read more >> http://internationalpatentservice.com/Myths-and-Misconceptions-About-International-Patent-Applications.html
JMB Davis Ben-David Launches Startup Springboard Program, Offering Qualifying Startups Reduced Rates for IP Services
By: Jeremy Ben-David
JERUSALEM, Israel — JMB Davis Ben-David (“JMB”), a Jerusalem-based IP law firm, announces the launch of an initiative designed to make patents more affordable to emerging startups. Through its Startup SpringboardTM Program, JMB will offer qualifying startups significant subsidies towards basic patent-related services, including patentability searches and patent application preparation, at a fraction of the industry-standard costs. In addition, participants will have access to JMB’s worldwide network of professionals, to whom they will have the ability to showcase their innovations and plans for expansion.
The initiative was originally developed by the head of JMB’s US division head, Dr. Mike Hammer. Dr. Hammer believes that in today’s competitive startup environment, startups face a barrier to entry in the form of a lack of funds for taking the initial steps to secure their inventions through patents. In addition, he felt that some startups were not even aware of the value of patenting their inventions until they approached investors and discovered that they were missing a large piece of the puzzle. “It doesn’t matter whether you are pro-patent or anti-patent, the reality is that startups that do not have a patent pending or a clear path to owning or licensing intellectual property are less attractive to potential investors. Sometimes, new entrepreneurs don’t even realize how important owning intellectual property can be to investors until after they present their company to potential investors,” said Dr. Hammer.
Read more >> https://www.jmbdavis.com/jmb-davis-ben-david-launches-startup-springboard-program-offering-startups-reduced-rates-for-ip-services/
JERUSALEM, Israel — JMB Davis Ben-David (“JMB”), a Jerusalem-based IP law firm, announces the launch of an initiative designed to make patents more affordable to emerging startups. Through its Startup SpringboardTM Program, JMB will offer qualifying startups significant subsidies towards basic patent-related services, including patentability searches and patent application preparation, at a fraction of the industry-standard costs. In addition, participants will have access to JMB’s worldwide network of professionals, to whom they will have the ability to showcase their innovations and plans for expansion.
The initiative was originally developed by the head of JMB’s US division head, Dr. Mike Hammer. Dr. Hammer believes that in today’s competitive startup environment, startups face a barrier to entry in the form of a lack of funds for taking the initial steps to secure their inventions through patents. In addition, he felt that some startups were not even aware of the value of patenting their inventions until they approached investors and discovered that they were missing a large piece of the puzzle. “It doesn’t matter whether you are pro-patent or anti-patent, the reality is that startups that do not have a patent pending or a clear path to owning or licensing intellectual property are less attractive to potential investors. Sometimes, new entrepreneurs don’t even realize how important owning intellectual property can be to investors until after they present their company to potential investors,” said Dr. Hammer.
Read more >> https://www.jmbdavis.com/jmb-davis-ben-david-launches-startup-springboard-program-offering-startups-reduced-rates-for-ip-services/
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