By: Michael J Foycik Jr.
Dec 31, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
So, you need an investor. Probably to start a new business and launch a new product. Here's a very short yet useful guide.
Get a distributor. Yes, they don't sound like investors, but it helps to see them that way. Why so? A typical one will bear the costs in some way, and help sell the product. These things are what a good investor would do. Typically, with a new product, you can expect to get anywhere from 2 to 9 percent of the selling price, though this can vary.
Sell though a TV marketing company – you know the ones. You see them on late night television, or on cable channels that sell goods. And yes, they don't sound like investors, but it will help to look at them that way.
Read more >> http://internationalpatentservice.com/Getting-Investors-Ultra-Quick-Tips.html
How To Trademark Your Logo Design
By: Admin
Finding the perfect logo design for your business can be a big task all by itself. Once you finally find a logo designer or use a logo maker and finish up your logo, it’s time to consider doing a trademark on your logo. Probably only 90% of people that have a logo design actually trademark the design. It’s not completely necessary to have a trademark to protect your design. If you can prove your design was designed and paid for by you, this can sometimes be enough to protect your design. If you are worried about someone stealing your logo and you are unsure if you should trademark it, then just trademark the logo and set your mind at ease.
Pursuing your own business can bring about a whole range of feelings, from excitement to tedium. However, one of the more exciting activities to engage in is the design of the company’s logo. Your logo will give off the first impression of your company, over and over, as it is displayed for all to see. That could mean adverts, websites, business cards, billboards, and even commercials. While you want your logo to represent you in the best ways possible, you also have to make sure that you are representing your logo correctly. In order to do this, you need to trademark your logo and we’re going to tell you how to go about it. From large businesses to smaller businesses, there is a way for everyone – depending on how thoroughly you want to personally own your logo.
Read more >> http://www.youngupstarts.com/2019/12/26/how-to-trademark-your-logo-design/
Finding the perfect logo design for your business can be a big task all by itself. Once you finally find a logo designer or use a logo maker and finish up your logo, it’s time to consider doing a trademark on your logo. Probably only 90% of people that have a logo design actually trademark the design. It’s not completely necessary to have a trademark to protect your design. If you can prove your design was designed and paid for by you, this can sometimes be enough to protect your design. If you are worried about someone stealing your logo and you are unsure if you should trademark it, then just trademark the logo and set your mind at ease.
Pursuing your own business can bring about a whole range of feelings, from excitement to tedium. However, one of the more exciting activities to engage in is the design of the company’s logo. Your logo will give off the first impression of your company, over and over, as it is displayed for all to see. That could mean adverts, websites, business cards, billboards, and even commercials. While you want your logo to represent you in the best ways possible, you also have to make sure that you are representing your logo correctly. In order to do this, you need to trademark your logo and we’re going to tell you how to go about it. From large businesses to smaller businesses, there is a way for everyone – depending on how thoroughly you want to personally own your logo.
Read more >> http://www.youngupstarts.com/2019/12/26/how-to-trademark-your-logo-design/
GETTING INVESTORS – SURPRISING TYPES
By: Michael J Foycik Jr.
Dec 24, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
So, you need an investor. Probably to start a new business and launch a new product. Here's a very short yet useful guide to some surprising types of investor.
Get a distributor. Yes, they don't sound like investors, but it helps to see them that way. Why so? A typical one will bear the costs in some way, and help sell the product. These things are what a good investor would do. Typically, with a new product, you can expect to get anywhere from 2 to 9 percent of the selling price, though this can vary.
Sell though a TV marketing company – you know the ones. You see them on late night television, or on cable channels that sell goods. And yes, they don't sound like investors, but it will help to look at them that way. A typical one will help with the costs in come way, and perhaps even with the development and testing of the product. These are things a good investor might do. Typically, one might expect anywhere from 2 to 4 percent of the selling price.
Go to an investment club. There are surprisingly many if you look. Try online searches, and word-of-mouth if necessary. Ask around, especially in local businesses, where the owner might well belong to such an investment club. A good investor will take about 10 to 50 percent of your business, in exchange for investment money and possibly expertise. A good investor will know how to help you succeed!
Read more >> http://internationalpatentservice.com/Getting-Investors-Surprising-Types.html
Dec 24, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
So, you need an investor. Probably to start a new business and launch a new product. Here's a very short yet useful guide to some surprising types of investor.
Get a distributor. Yes, they don't sound like investors, but it helps to see them that way. Why so? A typical one will bear the costs in some way, and help sell the product. These things are what a good investor would do. Typically, with a new product, you can expect to get anywhere from 2 to 9 percent of the selling price, though this can vary.
Sell though a TV marketing company – you know the ones. You see them on late night television, or on cable channels that sell goods. And yes, they don't sound like investors, but it will help to look at them that way. A typical one will help with the costs in come way, and perhaps even with the development and testing of the product. These are things a good investor might do. Typically, one might expect anywhere from 2 to 4 percent of the selling price.
Go to an investment club. There are surprisingly many if you look. Try online searches, and word-of-mouth if necessary. Ask around, especially in local businesses, where the owner might well belong to such an investment club. A good investor will take about 10 to 50 percent of your business, in exchange for investment money and possibly expertise. A good investor will know how to help you succeed!
Read more >> http://internationalpatentservice.com/Getting-Investors-Surprising-Types.html
Alex Tame: Why Startups Need to Have a Global IP Strategy
By: Alex Tame
In an increasingly global economy, even startups need to consider where their companies fit in internationally. Entrepreneurs wear many hats — operations, marketing, engineering and sales among them — but few tout themselves as patent law experts. Often the last thing on their minds is an intellectual property (IP) strategy — but this can be costly in the long term.
Patent assertion entities (PAEs, also referred to as “patent trolls”) are a growing threat to companies in the UK. Patent trolls are companies whose primary revenue model is to acquire patents for the sole purpose of using them to sue other companies. They’re a big problem in the US, where they have resulted in more than 60 billion GBP in lost wealth annually, and where many UK startups look as a secondary market. They’re a growing problem in the EU, as German courts have proven to be favourable to trolls.
Startups doing business in these markets expose themselves to patent troll risk — and the cost of defending against those lawsuits — to the tune of 2.4 million GBP per suit — can easily put an early stage company out of business. Because of these risks, nearly 50 UK-based companies have joined LOT Network, including well-known names like Ocado and Boots.
Read more >> http://www.theuknewspaper.co.uk/why-startups-need-to-have-a-global-ip-strategy/
In an increasingly global economy, even startups need to consider where their companies fit in internationally. Entrepreneurs wear many hats — operations, marketing, engineering and sales among them — but few tout themselves as patent law experts. Often the last thing on their minds is an intellectual property (IP) strategy — but this can be costly in the long term.
Patent assertion entities (PAEs, also referred to as “patent trolls”) are a growing threat to companies in the UK. Patent trolls are companies whose primary revenue model is to acquire patents for the sole purpose of using them to sue other companies. They’re a big problem in the US, where they have resulted in more than 60 billion GBP in lost wealth annually, and where many UK startups look as a secondary market. They’re a growing problem in the EU, as German courts have proven to be favourable to trolls.
Startups doing business in these markets expose themselves to patent troll risk — and the cost of defending against those lawsuits — to the tune of 2.4 million GBP per suit — can easily put an early stage company out of business. Because of these risks, nearly 50 UK-based companies have joined LOT Network, including well-known names like Ocado and Boots.
Read more >> http://www.theuknewspaper.co.uk/why-startups-need-to-have-a-global-ip-strategy/
WHAT IS TRADEMARK
By: Michael J Foycik Jr.
Dec. 20, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
WHAT IS TRADEMARK. . .
> protection
> application
> infringement
A trademark is any mark, logo, or phrase that serves to distinguish one source of goods from another.
When a trademark is in actual use in commerce, common law trademark rights can often exist even without a registered trademark. These can be enforced in state courts.
A federally registered trademark can be enforced in federal courts. To get a registered trademark, it is necessary to first file a US Trademark Application.
Such an application needs the information noted in the query form shown on this page.
A trademark search is strongly recommended. Skill is required in interpreting the results, since even identical trademarks can be registered if they are in sufficiently different classes of goods/services.
To get started now:
No money is needed to get started. Once we receive the above-noted information for a trademark application, we perform a free, informal search of the trademark records and advise if a serious obstacle exists in the form of a prior similar trademark application. There is no cost or obligation for this. An experienced trademark attorney interprets the results of the informal search.
Read more >> http://internationalpatentservice.com/What-is-Trademark.html
Dec. 20, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
WHAT IS TRADEMARK. . .
> protection
> application
> infringement
A trademark is any mark, logo, or phrase that serves to distinguish one source of goods from another.
When a trademark is in actual use in commerce, common law trademark rights can often exist even without a registered trademark. These can be enforced in state courts.
A federally registered trademark can be enforced in federal courts. To get a registered trademark, it is necessary to first file a US Trademark Application.
Such an application needs the information noted in the query form shown on this page.
A trademark search is strongly recommended. Skill is required in interpreting the results, since even identical trademarks can be registered if they are in sufficiently different classes of goods/services.
To get started now:
No money is needed to get started. Once we receive the above-noted information for a trademark application, we perform a free, informal search of the trademark records and advise if a serious obstacle exists in the form of a prior similar trademark application. There is no cost or obligation for this. An experienced trademark attorney interprets the results of the informal search.
Read more >> http://internationalpatentservice.com/What-is-Trademark.html
4 Key Questions Every Entrepreneur Should Ask About Intellectual Property ("IP")
By: Mark Getty
To avoid early missteps in protecting valuable business intellectual property, every entrepreneur should regularly ask himself or herself the following questions about their intangible assets.
1. What IP does my business currently own?
> Take an accounting of all trademarks, inventions, trade secrets, confidential information, or other proprietary information currently owned. For a quick & easy primer on the various types of intellectual property and what legal protections may be available, a brief summary can be found here.
> If you are new or small business, start with a simple spreadsheet that tracks the type, status, & description of all IP owned, and update the spreadsheet regularly with details such as: (1) the date any pending applications or registrations were filed, (2) the date that responses to any official correspondence are due (for example to the USPTO), and (3) the date any applications/registrations expire or need to be renewed.
> Keep in mind that you may own the IP personally if you are an early stage company (or simply a sole proprietorship). You may consider assigning any patent or trademark applications/registrations from you personally to the company to add valuable assets to the company (or license them if you would prefer to keep title).
Read more >> https://www.startupheartup.com/blog/4-questions-every-business-owner-should-ask-about-intellectual-property-ip
To avoid early missteps in protecting valuable business intellectual property, every entrepreneur should regularly ask himself or herself the following questions about their intangible assets.
1. What IP does my business currently own?
> Take an accounting of all trademarks, inventions, trade secrets, confidential information, or other proprietary information currently owned. For a quick & easy primer on the various types of intellectual property and what legal protections may be available, a brief summary can be found here.
> If you are new or small business, start with a simple spreadsheet that tracks the type, status, & description of all IP owned, and update the spreadsheet regularly with details such as: (1) the date any pending applications or registrations were filed, (2) the date that responses to any official correspondence are due (for example to the USPTO), and (3) the date any applications/registrations expire or need to be renewed.
> Keep in mind that you may own the IP personally if you are an early stage company (or simply a sole proprietorship). You may consider assigning any patent or trademark applications/registrations from you personally to the company to add valuable assets to the company (or license them if you would prefer to keep title).
Read more >> https://www.startupheartup.com/blog/4-questions-every-business-owner-should-ask-about-intellectual-property-ip
Electronics Inventions Facing Patent Legal Adversity – Surprisingly Good News For Your Inventive Electronics!
By: Michael J Foycik Jr.
Dec 16, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
You may already know the patent hurdles facing inventions related to electonics. Over the last few years, the federal appellate courts have sharply limited what is and is not a patentable electronic invention.
At one major example, the case In re Bilski limited electronics and software claims to those that require hardware. Here's a very short listing of objections that have recently been seen: mere data-gathering is not a sufficient role for the device; the device is not truly needed to execute the invention and merely carries out the steps; and the device employs transformative steps that require no particular machine. Those are major hurdles to overcome. Yet, there are more such hurdles.
But, that's actually very good news for inventors in electronics! With fewer patents, it is easier for a new one to dominate a valuable technical area. Or, if you have a late inventive entry into a field and worry that you may be too late, an absence of patents could allow you in. And, of course, your invention may be the one to prevail, if your attorney knows what to do.
Read more >> http://internationalpatentservice.com/Electronics-Inventions-Facing-Patent-Legal-Adversity.html
Dec 16, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
You may already know the patent hurdles facing inventions related to electonics. Over the last few years, the federal appellate courts have sharply limited what is and is not a patentable electronic invention.
At one major example, the case In re Bilski limited electronics and software claims to those that require hardware. Here's a very short listing of objections that have recently been seen: mere data-gathering is not a sufficient role for the device; the device is not truly needed to execute the invention and merely carries out the steps; and the device employs transformative steps that require no particular machine. Those are major hurdles to overcome. Yet, there are more such hurdles.
But, that's actually very good news for inventors in electronics! With fewer patents, it is easier for a new one to dominate a valuable technical area. Or, if you have a late inventive entry into a field and worry that you may be too late, an absence of patents could allow you in. And, of course, your invention may be the one to prevail, if your attorney knows what to do.
Read more >> http://internationalpatentservice.com/Electronics-Inventions-Facing-Patent-Legal-Adversity.html
Beyond Patents: The Problems of Non-Traditional Trademark Protection for Medicines and Health Technologies
By: Irene Calboli
In November 2015, the United Nations Secretary General convened a High-Level Panel on Access to Health Technologies. The Panel’s objective was “to propose solutions for addressing the incoherencies between international human rights, trade, intellectual property rights, and public health objectives.” In a Report issued in September 2016, the Panel discussed how countries worldwide could use the flexibilities in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) to foster research and development of health technologies. Unsurprisingly, the Panel’s report focused on patent law. Yet, in the Report’s Annexes, it was highlighted that other IP rights, such as trademarks and copyright, can also “exert monopolistic effects in the market,” and that the effects of these rights can “rival those associated with patents and with a far greater duration” due to their different terms and scope of protection.1 As a result, it was noted, more attention should be paid to these rights “to tackle the[ir] combined effects … on the cost, distribution, and accessibility of medicines and health technologies.”2
Similar to the Panel’s Report, academic scholarship on access to medicines and health technologies continues to focus largely on patents and related limitations and exceptions to patent rights.3 This is of course understandable, considering the primary role patents play in the research and development and the exclusive market distribution of medicines and health technologies.
Read more >> https://link.springer.com/article/10.1007/s40319-019-00893-y
In November 2015, the United Nations Secretary General convened a High-Level Panel on Access to Health Technologies. The Panel’s objective was “to propose solutions for addressing the incoherencies between international human rights, trade, intellectual property rights, and public health objectives.” In a Report issued in September 2016, the Panel discussed how countries worldwide could use the flexibilities in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) to foster research and development of health technologies. Unsurprisingly, the Panel’s report focused on patent law. Yet, in the Report’s Annexes, it was highlighted that other IP rights, such as trademarks and copyright, can also “exert monopolistic effects in the market,” and that the effects of these rights can “rival those associated with patents and with a far greater duration” due to their different terms and scope of protection.1 As a result, it was noted, more attention should be paid to these rights “to tackle the[ir] combined effects … on the cost, distribution, and accessibility of medicines and health technologies.”2
Similar to the Panel’s Report, academic scholarship on access to medicines and health technologies continues to focus largely on patents and related limitations and exceptions to patent rights.3 This is of course understandable, considering the primary role patents play in the research and development and the exclusive market distribution of medicines and health technologies.
Read more >> https://link.springer.com/article/10.1007/s40319-019-00893-y
NDAs: Trick or Treat - Do They Help, and Should You Want One?
By: Michael J Foycik Jr.
Dec 9, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
If you're an inventor, you've probably seen an NDA (Non-Disclosure Agreement). Do NDAs really help? And, can NDAs be enforced? Is there anything tricky there? Good questions, and you might be surprised by the answers!
It would help to know that an NDA covers trade secrets. Yes, you want to show your invention to someone, and that invention is covered by a patent application. But, that means your invention is a trade secret (assuming you haven't already published it already). So, your invention can also be your trade secret.
If your invention is stolen (misappropriated), you would probably prefer tort damages, instead of contract damages or patent damages. Here's why: tort damages can be punitive in nature and can therefore be big even when the infraction is small. Contract damages tend to be limited to the provable amount of money lost (there are exceptions). Patent damages cover actual infringement situations, provide a percentage of the lost profits (as one example, and there are exceptions), and require an issued patent. Every case is different, and the above is just a rough guide – you'll need to talk with a lawyer for specific advice. Note that an NDA is a contract and often specifies the damages and the law to be applied.
Read more >> http://internationalpatentservice.com/Trick-or-Treat.html
Dec 9, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
If you're an inventor, you've probably seen an NDA (Non-Disclosure Agreement). Do NDAs really help? And, can NDAs be enforced? Is there anything tricky there? Good questions, and you might be surprised by the answers!
It would help to know that an NDA covers trade secrets. Yes, you want to show your invention to someone, and that invention is covered by a patent application. But, that means your invention is a trade secret (assuming you haven't already published it already). So, your invention can also be your trade secret.
If your invention is stolen (misappropriated), you would probably prefer tort damages, instead of contract damages or patent damages. Here's why: tort damages can be punitive in nature and can therefore be big even when the infraction is small. Contract damages tend to be limited to the provable amount of money lost (there are exceptions). Patent damages cover actual infringement situations, provide a percentage of the lost profits (as one example, and there are exceptions), and require an issued patent. Every case is different, and the above is just a rough guide – you'll need to talk with a lawyer for specific advice. Note that an NDA is a contract and often specifies the damages and the law to be applied.
Read more >> http://internationalpatentservice.com/Trick-or-Treat.html
International Intellectual Property Rights: Everything Exporters Need to Know
By: Benjamin Williams
The importance of doing business internationally grows more significant every year. It is important to remember that not only does international business open up a world of possibilities, it also comes with risks you might not have considered before. This makes understanding your international intellectual property rights and how to fully protect your products and ideas all the more vital.
Intellectual property rights are exclusive rights given to creators to protect their creations for a specific period of time. These rights are granted through multiple different methods, including copyrights, trademarks, and patents. Before you can successfully export your products internationally, you must ensure that your products are fully protected through the right methods and in the right countries.
Trademarks and Service Marks
According to the USPTO, a trademark is “a word, phrase, symbol, or design that identifies and distinguishes the source of the goods of one party from those of others.” Trademarks protect any logos or brand names you use on your goods. This makes it illegal for other companies to use the same logo, brand name, or service mark or one so similar that it is indistinguishable from your original, which is called counterfeiting. Once you have ensured your trademark is federally registrable and legally protectable, you can move forward with the registration process.
Read more >> https://tradove.com/blog/International-Intellectual-Property-Rights-Everything-Exporters-Need-to-Know.html
The importance of doing business internationally grows more significant every year. It is important to remember that not only does international business open up a world of possibilities, it also comes with risks you might not have considered before. This makes understanding your international intellectual property rights and how to fully protect your products and ideas all the more vital.
Intellectual property rights are exclusive rights given to creators to protect their creations for a specific period of time. These rights are granted through multiple different methods, including copyrights, trademarks, and patents. Before you can successfully export your products internationally, you must ensure that your products are fully protected through the right methods and in the right countries.
Trademarks and Service Marks
According to the USPTO, a trademark is “a word, phrase, symbol, or design that identifies and distinguishes the source of the goods of one party from those of others.” Trademarks protect any logos or brand names you use on your goods. This makes it illegal for other companies to use the same logo, brand name, or service mark or one so similar that it is indistinguishable from your original, which is called counterfeiting. Once you have ensured your trademark is federally registrable and legally protectable, you can move forward with the registration process.
Read more >> https://tradove.com/blog/International-Intellectual-Property-Rights-Everything-Exporters-Need-to-Know.html
Great Ways to Invent – Get Incredible Features In Your Invention
By: Michael J Foycik Jr.
Dec.4, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
You want your invention to become a really successful product. You want it to be patentable. But you're not sure how. No problem! Here is one of the best ways to do it.
You'll first want to find unusual new things – products or novelties in search of a use. You want really great things, the kind that will inspire your creativity: new electronics, new compounds, new physics, and novel compositions with unusual features.
Those things are easy to find in the patent category for toys and novelties, because that is the haven for inventions in search of utility. Why? Because of the US Patent requirement for utility: no utility, no patent. So, if your utility is unknown, yet the invention seems interesting in some way, the easiest utility is as a toy or amusement device.
But how can you see those things conveniently? That's so easy – use an online search by class/subclass using the patent office web site. At the US Patent Office site, do a search by Class/Subclass. For toys, the Class is 446. Subclasses are by topic, for example 446/15 is for toys with soap bubbles.
Read more >> http://internationalpatentservice.com/Great-Ways-to-Invent-Get-Incredible-Features-In-Your-Invention.html
Dec.4, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
You want your invention to become a really successful product. You want it to be patentable. But you're not sure how. No problem! Here is one of the best ways to do it.
You'll first want to find unusual new things – products or novelties in search of a use. You want really great things, the kind that will inspire your creativity: new electronics, new compounds, new physics, and novel compositions with unusual features.
Those things are easy to find in the patent category for toys and novelties, because that is the haven for inventions in search of utility. Why? Because of the US Patent requirement for utility: no utility, no patent. So, if your utility is unknown, yet the invention seems interesting in some way, the easiest utility is as a toy or amusement device.
But how can you see those things conveniently? That's so easy – use an online search by class/subclass using the patent office web site. At the US Patent Office site, do a search by Class/Subclass. For toys, the Class is 446. Subclasses are by topic, for example 446/15 is for toys with soap bubbles.
Read more >> http://internationalpatentservice.com/Great-Ways-to-Invent-Get-Incredible-Features-In-Your-Invention.html
Patents in Asia-Pacific 2019/2020: The new innovation battleground
By: Jacob Schindler
Asia is the centre of the IP world, accounting for two-thirds of all patent, trademark and industrial design applications filed last year according to WIPO. Its importance will only grow as Chinese companies – already the world’s most prolific patent filers – continue to mature and tech firms from emerging markets seek to replicate their remarkable IP rise. Thinking about the future of patents in Asia, three key jurisdictions stand out. First is China, which as mentioned has already attained numerical supremacy in the patent world. The attempt of its leaders to shift towards a system that emphasises quality is a major initiative that could reshape the innovation landscape but will this effort survive a major trade standoff in which IP protection has become a crucial point of contention? The second place that patent owners are studying much more carefully is India. The country is a major engine of innovation, home to research and engineering campuses for some of global tech’s biggest players. For all that, India’s own companies have generated only a small volume of patent output compared to their peers across the region. But improving patent office efficiency and an uptick in enforcement through the courts are increasingly giving India a bigger role to play in patent strategies.
Read more >> https://www.iam-media.com/patents-asia-pacific-20192020-new-innovation-battleground
Asia is the centre of the IP world, accounting for two-thirds of all patent, trademark and industrial design applications filed last year according to WIPO. Its importance will only grow as Chinese companies – already the world’s most prolific patent filers – continue to mature and tech firms from emerging markets seek to replicate their remarkable IP rise. Thinking about the future of patents in Asia, three key jurisdictions stand out. First is China, which as mentioned has already attained numerical supremacy in the patent world. The attempt of its leaders to shift towards a system that emphasises quality is a major initiative that could reshape the innovation landscape but will this effort survive a major trade standoff in which IP protection has become a crucial point of contention? The second place that patent owners are studying much more carefully is India. The country is a major engine of innovation, home to research and engineering campuses for some of global tech’s biggest players. For all that, India’s own companies have generated only a small volume of patent output compared to their peers across the region. But improving patent office efficiency and an uptick in enforcement through the courts are increasingly giving India a bigger role to play in patent strategies.
Read more >> https://www.iam-media.com/patents-asia-pacific-20192020-new-innovation-battleground
Costly Misconceptions About NDA's (Non-Disclosure Agreements)
By: Michael J Foycik Jr.
Dec.1, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
You (the owner) has an invention, a business idea, or a trade secret. To develop your invention, start a business, or talk with investors, you'll need to share information with these recipients, and you'll want protection before showing them anything. Many think an NDA (Non-Disclosure Agreement) will solve this problem, but there are major pitfalls to avoid. And, an NDA might not be the best solution anyway.
The biggest misconception, in my view: an NDA is intended to protect and help the owner of the invention, business idea, or trade secret. An NDA is much more likely to protect the recipient of the information, and not the owner. Let's see why that may be true.
Many NDA's provide for arbitration as a remedy rather than litigation, but that only benefits the richer party. Why? A court action can be filed for free or at very low cost, but an arbitration usually requires the payment of substantial fees up front, and more fees at later stages. When the recipient is a relatively substantial corporation or business, such fees may seem small, but to an individual or small businessperson such fees may be too great and they cannot enforce the NDA.
Read more >> http://internationalpatentservice.com/Costly-Misconceptions-About-NDA.html
Dec.1, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
You (the owner) has an invention, a business idea, or a trade secret. To develop your invention, start a business, or talk with investors, you'll need to share information with these recipients, and you'll want protection before showing them anything. Many think an NDA (Non-Disclosure Agreement) will solve this problem, but there are major pitfalls to avoid. And, an NDA might not be the best solution anyway.
The biggest misconception, in my view: an NDA is intended to protect and help the owner of the invention, business idea, or trade secret. An NDA is much more likely to protect the recipient of the information, and not the owner. Let's see why that may be true.
Many NDA's provide for arbitration as a remedy rather than litigation, but that only benefits the richer party. Why? A court action can be filed for free or at very low cost, but an arbitration usually requires the payment of substantial fees up front, and more fees at later stages. When the recipient is a relatively substantial corporation or business, such fees may seem small, but to an individual or small businessperson such fees may be too great and they cannot enforce the NDA.
Read more >> http://internationalpatentservice.com/Costly-Misconceptions-About-NDA.html
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