Right Or Wrong Patent Attorney - Why Your Invention Matters

By: Michael J Foycik Jr.
Sept. 1, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.

Is there a good way to tell when you have the wrong patent attorney?  There are factors worth considering. 

Does your patent attorney not seem to listen?  Or, not seem to care about your objections and concerns?  Does your patent attorney make themselves available to answer questions?  These are red flags, especially if things are not going well otherwise.

Does the patent attorney's first draft make sense for your invention?  Most inventors rightfully expect to see writing that is as good as or better than their own.  Do you have to explain things several times?  Are you uncomfortable with how the claims sound?  These too can be red flags, when other things are not going well either.

Has your patent attorney filed continuation after continuation without making progress?  Or, have they filed RCE (“Request for Continuing Examination”) after RCE without making progress?  Or, have they filed about Appeal after Appeal, without success?  These could be red flags too.

This is not to say “good” or “bad” - rather it is to say “right skills for the right job.”  Even a very good and reputable patent attorney may sometimes find themselves out of their element, and look bad as a result.  That shouldn't matter though – good results should matter.  A different attorney, better suited for a particular effort, may well get different results. 

While the above-noted issues can be bad signs, they might not tell the whole story.  Even though the above situations exist, can that patent attorney really still be the “right” one  for that job?  Possibly so – if it is just a case of simple bad luck, pursuit of a weak invention, sure.  Or, it could be part of a strategy to maintain patent pending status for strategic reasons despite a weak invention. 

Read more >> http://internationalpatentservice.com/Right-Or-Wrong-Patent-Attorney-Why-Your-Invention-Matters.html

The Importance of Intellectual Property on Your Business

By: Katherine (Tori) Lutz

Every business owner, whether running a small tech startup or a mainstream publishing company, knows that business management is no small task. Even having successfully navigated the funding and registering phases, a myriad of other issues need to be dealt with, i.e. insurance, payroll, marketing, and a growth plan.

Something all too easy to overlook among other pressing tasks is intellectual property (IP) protection. Here’s what IP law is, how it applies to your business, and why it’s a crucial aspect of maintaining a successful enterprise.

TYPES OF IP LAW

You may have come across the term intellectual property, or IP for short, before. Intellectual property is a way of enforcing ownership of intangible things like ideas and inventions.
IP law has several subsets: patents, trademarks, trade secrets, and copyrights. Many people use these interchangeably, and thus incorrectly.

Patents are formal protections of inventions, and grant temporary monopolies in the market for new inventions. If you’re looking to patent your idea, you must first get from the idea stage to the invention stage, a key process for any entrepreneur looking to develop a product or service.

Read more >> https://www.thenationalherald.com/258496/the-importance-of-intellectual-property-on-your-business/

Tips for Highly Effective Invention Promoting and Marketing for Inventors

By: Michael J Foycik Jr.
August 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.

If you're an inventor, then you have seen ads for invention marketing companies.  Here are a few tips for a highly effective strategy that is also cost-effective. 

Tip 1:  Do the patent part separately from the marketing part.  The patent costs can be quite affordable, especially is you shop around.  You are more likely to get the personal service and advice you really need, and that can lead to a better patent product.  

Tip 2:  Focus on companies most likely to need your invention.  Avoid broadcast invention submissions to large companies, because that can be costly in time and effort.  There will be too many corporate forms for the inventor to sign before those companies will even accept the submission, and some of those forms do not protect the inventor's rights.  Large companies like to buy rights to products that are already on the shelves somewhere, to make sure no one looks bad when buying the invention rights.  

Tip 3:   Marketing isn't just to companies – it is also to investors.  Really, isn't that what selling an invention is all about?  A company buying an invention is very much like an investor.  Let investors know about your invention; they have money and often also have expertise and contacts.  Investors may well wish to use their contacts and expertise to help you succeed – they are betting on you. 

Read more >> http://internationalpatentservice.com/Tips-for-Highly-Effective-Invention-Promoting-and-Marketing-for-Inventors.html

University of South Carolina startup breaks ground in nano-optical manufacturing

By: John Wallace

Thomas Crawford, a physics professor at the University of South Carolina, has sold the start-up company he founded, MagAssemble, which aids in the manufacture of diffractive optical elements (DOEs), to Thorlabs.

Crawford, who arrived at the University of South Carolina (Columbia, SC) in 2005 with extensive research experience in disk drive technology, directed his lab in recent years in developing a novel manufacturing process that uses disk drive technology to assemble magnetic nanoparticles. When it became obvious that industry was interested in using the new technology, MagAssemble was born. Several university physics graduates comprised the startup’s staff, including chief scientist Longfei Ye, who earned his doctorate under Crawford’s direction.

“Traditional electronics fabrication technology is expensive for manufacturing micro- and nano-optics,” Crawford says. “Because the size of photonic devices are tied to the wavelength of light (400-700 nm for visible light), the same scaling rules that have pushed integrated circuits to single nanometer sizes cannot be applied to photonics, which is where MagAssemble’s method for nano-manufacturing comes in.

Read more >> https://www.laserfocusworld.com/optics/article/14038695/university-of-south-carolina-startup-breaks-ground-in-nanooptical-manufacturing

Responding to a Rejection in a Patent Application

By: Michael J Foycik Jr.
August 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.

Rejected? Want to know more about what to do? Read on! 

When a utility patent application is filed, examination on the merits follows in due course. The examination process involves a search of the prior art, and a decision by the patent examiner on allowability. The first such decision is supplied to the applicant by an official first Office Action on the merits. The great majority of first Office Actions involve a rejection of some or all of the claims. 

But, this is not the end of the process, but the beginning! A Response should be filed. 

What should go into the Response? The applicant, along with their patent attorney's help, should define what is different over the applied prior art reference(s). Then, suitable claim amendments should be made to clarify and/or emphasize those differences. 

And, suitable remarks should be provided in the Response which explain the differences over the applied prior art reference. The remarks ideally will also point out how the amendments to the claims clarify and emphasize those differences. 

Sometimes, there are other types of rejections and objections. These may be based on claim format, claim contents, objections to drawings or text, and so on. These can be handled in a similar way to that noted above. 

Read more >> http://internationalpatentservice.com/Responding-to-a-Rejection-in-a-Patent-Application.html

How to protect your Intellectual Property as a startup or scale up

By: Chloe Mckenna

It's so easy to overlook your intellectual property when you're a startup. Even companies who've been in business for a while but are scaling up can easily forget just how important it is to protect yourself and your business. So, how do you even begin to go about protecting it and what's involved?

Your intellectual property is one of your most valuable assets. Not only does it give your company its true value, but it also helps create brand recognition and sets you apart from your competitors. Without it, you can't differentiate yourself from the rest. So that's why business owners are realising just how valuable it is and taking steps to protect it.

So it's no surprise that legal claims made over the last 12 months by small to medium enterprises have risen significantly by 68%. If you're new to business and have no clue how to even register your intellectual property, read on to find out.

Read more >> https://www.capalona.co.uk/news/how-to-protect-your-intellectual-property-as-a-startup-or-scale-up/

Let's Sue That Trademark Infringer – Or Maybe Not!

By: Michael J Foycik Jr.
August 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.

Someone is infringing your trademark.  Now you want to rush out and sue them!  Let's stop and talk about that for a minute. 

 Let's just mention that there can be a number of defenses to a trademark 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 trademark registration be challenged, or is it incontestible?  Were you actually damaged?  Is the alleged infringer's trademark really close enough to your trademark?  Is the whole trademark infringed, or just part of it?  Is your trademark a “word” mark or a logo (picture) mark? 

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 not“intentional” (within the legal meaning of that term), then it can be very difficult to obtain meaningful damages.  That's right, you can win the lawsuit and yet get little or no cash.  The most common result of a successful trademark infringement lawsuit is an injunction – an order to stop the infringement.  Even worse, the injunction sometimes gives the infringer ample time to use up their stock of infringing goods. 

But, the above is for infringement that is not “intentional” – what if the infringer is intentionally infringing?  That's different, and you can ask for actual damages, and/or lost profits, and/or attorneys fee, and/or costs, among other things.  Notice I said you can ask!  However, asking is not the same as getting.  Worse, it can be difficult to prove lost profits or actual damages.

Read more >> http://internationalpatentservice.com/Lets-Sue-That-Trademark-Infringer.html

LOW-TAX COUNTRIES FOR INTELLECTUAL PROPERTY: THE ULTIMATE GUIDE

By: Andrew Henderson

As the tech industry has grown and software has begun to “eat the world”, a new knowledge economy has taken shape that values intellectual property (trademarks, patents, and ideas) more highly than old-school equipment in factories.

As knowledge businesses have grown, so too has the value of their intellectual property (IP). Companies now routinely buy, sell, trade, and litigate over patents and stuff so seemingly minute that the average person struggles to understand how the ability to pinch two fingers together on a mobile phone could be patentable in the first place.

International companies are well-known for using offshore holding companies to house much of this intellectual property. This, in turn, leads solo entrepreneurs to ask themselves if they need a similar structure as well.

Read more >> https://nomadcapitalist.com/2017/09/15/low-tax-countries-intellectual-property-ultimate-guide/

Patent Mistakes Commonly Made By DIY Inventors

By: Michael J Foycik Jr.
August 11, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.

There are some very common mistakes made by do-it-yourself (DIY) inventors when it comes to patenting. There are two main patent types, Provisional Patent Applications (PPAs) and Utility Patent Applications. 

The worst mistake: trying to hide the invention. This happens when inventors recite all the advantages and benefits, but do not show enough structure to support those functions. The rejection that occurs in those situations is an “insufficient disclosure” rejection, and it is a serious matter in the patent world. 

Drawings: color drawings are a mistake. Only black-and-white line drawings are accepted, except under relatively rare conditions such as a biological micrograph. 

Also a mistake: drawings without proper margins of one inch at the top and left, 5/8 inch on the right, and 3/8 at the bottom. 

Another mistake is failing to show enough features in the drawings. Many inventors seem to think one or two good drawings are enough. Many times it is necessary to have cross sections shown, enlarged detail views, and diagrams showing a change in position or condition. Also, front views of mechanical systems are often not enough. Other views may well be necessary: side, rear, bottom, perspective, and assembly drawings all find good use in patent drawings. 

Read more >> http://internationalpatentservice.com/Patent-Mistakes-Commonly-Made.html

Investment Startup in Tysons Gains International Attention

By: Ashley Hopko

What started as a small Tysons startup quickly gained attention from high-profile investment firms.

Vest originated in 2012 as an independent entity before partnering with the international investment firm C’boe. Instead of renaming the company, they integrated the two titles and became C’boe Vest (1765 Greensboro Station Place).

The company attempts to create a safer model of economic investment by offering a type of “insurance,” CEO Karan Sood told Tysons Reporter.

The company markets their products and services to financial advisors who in turn manage investments and money for single entities, like families or individuals.

“We have a unique product for the marketplace. In some sense, we compete with anyone who helps make investments,” Sood said.

C’boe Vest offers a service called “Target Outcome Investments” that sets them apart from the pack, Sood said. Their models work with financial advisors to protect their investors from the natural risk associated with the stock market.

Read more >> https://www.tysonsreporter.com/2019/08/06/investment-startup-in-tysons-gains-international-attention/

A Patent Attorney Talks About Investing

By: Michael J Foycik Jr.
August 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.

It happens often enough – patent attorneys talk with investors for many purposes.  Sometimes it is to consider the value of a patent, other times it is simply because the investor is backing a particular client or has a question about litigation. 

So what happens when the investor wants to talk with the patent attorney about investing?  Well, interesting stuff.  Here are a few samples that may help you evaluate an investment opportunity like a professional.

Let's say there is a technical field of special interest.  For example, let's say you're familiar with greeting cards, or jewelry, or party planning.  Suppose there are companies capable of leading those fields, still virtually unknown to the mainstream business investor.  You can locate companies leading those fields using patents as your guide. 

Why so?  That's easy!  So many reasons!  Let's start with one: patents cost real money.  Any company that believes in its new product enough to spend money, may well be worth a look.  

A second reason: patents reveal what's hot in an industry long before the business world catches on.  This was true of every type of technology you see today, and it pays to be ahead of the curve.

A third reason: when there are many recent patents in a given field it is a reliable indicator that the field is very profitable.  Yet, the products that will be sold under those patents may be months or years away.  Again, it pays to be ahead of the curve.

Read more >> http://internationalpatentservice.com/A-Patent-Attorney-Talks-About-Investing.html

Types of Intellectual Property Protection

By: Munawar Gul

There are numerous benefits to intellectual property protection. Through it, your business enhances its market value. Other than that, it also increases your likelihood of developing profit-making assets from your ideas. Additionally, it also offers you an opportunity for marketing your business, products, and services. In many ways, you need it for brand protection. Nevertheless, before delving into these benefits deeper, you may want to understand the different types of intellectual property protection that exist in the first place.

Trade Secrets

If you’re running a business, then you might be aware of the tons of information that you encounter on a daily basis. Most likely, your business runs on all that information. Some of the information, however, needs protecting. Otherwise, it could fall into the wrong hands, which could portend bad news for your business. In this regard, trade secrets are worth it for any business that values the type of information it relies on to stay alive. A few examples of trade secrets include:

> Soda formulas
> Computer algorithms
> Survey results
> Customer lists

Read more >> https://thehackpost.com/types-of-intellectual-property-protection.html

Selling Your Patent – How Much You Can Expect

By: Michael J Foycik Jr.
August 2, 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.

Many inventors have profited from selling their patents.  So how much do they get?  The answers are surprising, or at least they surprised me.

Having talked with many inventors, and also having talked with many corporate patent departments, I've heard many examples.  Let me give you a few general examples, based on published accounts and interviews with public speakers. 

Assuming the inventor has an issued patent for an article and has sold that article through at least one retail store, there will almost certainly be corporate interest.  Vendors often report new products they see when visiting retail stores, which accounts for the corporate interest.  If the corporation makes an offer, it will typically be anywhere from $50 thousand to $8 million, and can be higher. 

On the other hand, an inventor trying to simply market an issued patent to corporations, is likely to get anywhere from $5,000 to $35,000.  This does not take into account the likelihood of a corporation making an offer.  Some inventors hire a marketing service to try to interest companies; such marketing companies usually keep statistics on their success rate, which varies.  I recommend that anyone considering such companies first check out their success rates. 

Or, if going through a television marketing company, the numbers are different.  If that company is of the type that develops and makes the products based on your patent, they may prefer to license the patent rather than buy it.  The royalty rate in such a case might be $2 million per year guaranteed plus a bonus based on sales.   Such agreements may be for two years, and can be longer.  This all varies, of course, depending on the specific company and the nature of the product. 

Read more >> http://internationalpatentservice.com/Selling-Your-Patent-How-Much-You-Can-Expect.html