By: Jonathan Walfisz
Every Tuesday and Friday, WTR presents a round-up of news, developments and insights from across the trademark sphere. In our latest edition, we look at how there has been a significant trademark filings drop from China to the US, how UK politicians continue to use major brands on social media, looking at a possible agreement on IP rights between the US and India, and much more. Coverage this time from Trevor Little (TL), Bridget Diakun (BD), Jonathan Walfisz (JW) and Tim Lince (TJL).
Market radar:
CCFN calls for strong stance on GIs – In testimony before the Office of the US Trade Representative (USTR) this week, the Consortium for Common Food Names (CCFN) has called on the administration to secure "firm and explicit commitments" with trading partners to assure the future use of "specific generic food and beverage names targeted by EU monopolisation efforts, and to reject the use of GIs as barriers to trade". CCFN senior director Shawna Morris testified: "There is a persistent push by the European Union and other European interests to dismantle competition and erect barriers to trade which must be more strongly combatted. Across all markets, but particularly those with which the United States has a free trade agreement or is in the process of pursuing a free trade agreement, we urge the administration to secure explicit commitments from our trading partners that build upon the positive precedent established in the US-Mexico-Canada Agreement (USMCA) whereby market access rights were clearly and definitively affirmed for a non-exhaustive list of common used product terms." Morris said the list of common terms in the USMCA was the type of tool that "should be carried forward aggressively by the administration in order to safeguard our World Trade Organization and free trade agreement market access rights in the strongest manner possible." CCFN provided written and oral testimony as the USTR prepares its annual Special 301 Report, expected to be released in the coming months. The call serves as a reminder of how GIs have become the key IP battleground in trade negotiations around the world. (TL)
Read more >> https://www.worldtrademarkreview.com/brand-management/best-response-trademark-invoice-scam-new-uk-ip-minister-calls-strong-gi-stance
How to Patent a Plant Species
By: Michael J Foycik Jr.
February 27, 2020
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
A plant species
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.
This is very rare, but can be done! The inventive species is identified.
First, a drawing is made showing the inventive species. This is best done by a color photograph.
A claim or claims and an abstract would be added. And, standard text is added including sections titled: background of the invention; summary of the invention; brief description of the drawings; and an abstract of the disclosure. This part is not usually hard to do, but can be time consuming.
Then, a Declaration is prepared showing the name of the inventor and title of the invention. This is from a standard form provided by the US Patent Office.
Read more >> http://internationalpatentservice.com/How-to-Patent-a-Plant-Species.html
February 27, 2020
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
A plant species
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.
This is very rare, but can be done! The inventive species is identified.
First, a drawing is made showing the inventive species. This is best done by a color photograph.
A claim or claims and an abstract would be added. And, standard text is added including sections titled: background of the invention; summary of the invention; brief description of the drawings; and an abstract of the disclosure. This part is not usually hard to do, but can be time consuming.
Then, a Declaration is prepared showing the name of the inventor and title of the invention. This is from a standard form provided by the US Patent Office.
Read more >> http://internationalpatentservice.com/How-to-Patent-a-Plant-Species.html
Basic Guide to Intellectual Property that will save your business
By: Marsha Kelly
As an entrepreneur and small business owner, some of the most precious assets are intangible and are considered, rather than real or physical, intellectual property.
As you protect your valuable tangible property with insurance, legal records, and locks, you may defend your ideas and inventions similarly.
DIFFERENCES BETWEEN TRADEMARKS, COPYRIGHTS AND PATENTS
First, you’ll have to be aware of the difference between the different kinds of intellectual property protection. Do you require a patent or trademark or copyright for your specific company usage?
Patents
The objective of a patent is to protect creations.
It’s a right which is awarded to the inventor of the national government that authorizes the inventor to stop people from selling, manufacturing or using their invention for a specified period.
The US patent system has been designed to promote devices which are distinct and encourage society. There are 3 distinct classes of patents:
Read more >> https://ideasplusbusiness.com/guide-to-intellectual-property/
As an entrepreneur and small business owner, some of the most precious assets are intangible and are considered, rather than real or physical, intellectual property.
As you protect your valuable tangible property with insurance, legal records, and locks, you may defend your ideas and inventions similarly.
DIFFERENCES BETWEEN TRADEMARKS, COPYRIGHTS AND PATENTS
First, you’ll have to be aware of the difference between the different kinds of intellectual property protection. Do you require a patent or trademark or copyright for your specific company usage?
Patents
The objective of a patent is to protect creations.
It’s a right which is awarded to the inventor of the national government that authorizes the inventor to stop people from selling, manufacturing or using their invention for a specified period.
The US patent system has been designed to promote devices which are distinct and encourage society. There are 3 distinct classes of patents:
Read more >> https://ideasplusbusiness.com/guide-to-intellectual-property/
How to Patent a Program
By: Michael J Foycik Jr.
February 24, 2020
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
A program
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent. A computer program can be copyrighted, but it can also often be patented. The types of protection are very different. Specifically, the inventive steps of the program can be patented, and because of this the patent can provide protection far beyond just the specific program language used.
First, a drawing is made showing the most important steps of the program as a flowchart diagram. It is usually not necessary to give every detail of the operation of the program; instead, the main features should be illustrated. The program should be protected by a utility patent application, since that will cover any type of program language. This is also sometimes called a “regular” patent application. The program steps can be explained in words and by the flowchart drawings. The drawings do not need to be like blueprints. And, it is not necessary to have a working program, as long as the steps could be followed by a skilled programmer.
This is a good point to mention that there is also something called a “provisional patent application” that gives patent pending status for one year, permitting a utility patent application to be filed at any time during that year. This is much less expensive, and is recommended when there is an urgent need to get something one file, for example just prior to a trade show or publication. Further below, there is a section called “How to patent using a provisional patent application.”
Read more >> http://internationalpatentservice.com/How-to-Patent-a-Program.html
February 24, 2020
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
A program
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent. A computer program can be copyrighted, but it can also often be patented. The types of protection are very different. Specifically, the inventive steps of the program can be patented, and because of this the patent can provide protection far beyond just the specific program language used.
First, a drawing is made showing the most important steps of the program as a flowchart diagram. It is usually not necessary to give every detail of the operation of the program; instead, the main features should be illustrated. The program should be protected by a utility patent application, since that will cover any type of program language. This is also sometimes called a “regular” patent application. The program steps can be explained in words and by the flowchart drawings. The drawings do not need to be like blueprints. And, it is not necessary to have a working program, as long as the steps could be followed by a skilled programmer.
This is a good point to mention that there is also something called a “provisional patent application” that gives patent pending status for one year, permitting a utility patent application to be filed at any time during that year. This is much less expensive, and is recommended when there is an urgent need to get something one file, for example just prior to a trade show or publication. Further below, there is a section called “How to patent using a provisional patent application.”
Read more >> http://internationalpatentservice.com/How-to-Patent-a-Program.html
Why Startups Need to File Patent at An Early Stage
By: Baishali Mukherjee
Patents play a major role in getting funds for startups, especially the tech ventures. Venture capitalists evidently favour tech startups with patent-pending innovation. Patents increase the prospect and quality of merger, purchase or sale of a corporation or an initial public offering. This incentivizes investors to fund start-ups opting for patents. Moreover, patent portfolios are used as defensive strategies to discourage patent infringement claims.
While Applying for a Patent, Mull Over the Hazards
When decidingon applying for a patent, take a look at your invention and mull over the risks of not patenting it against the costs of doing so. The best approach is to appraise alternatives for IP protection before publicly disclosing the idea (e.g., pitch competitions, crowdfunding campaigns, launches, trade shows, etc.). Find a startup patent lawyer who understands your state of affairs and is ready to assist you in developing a patent strategy that takes care of your funding and acquisition goals.
According to VinayShraff, Advocate, Supreme Court, High Court,Tribunals, it is a chicken-and-egg quandary for startups that are cash-strapped. “While they require capital to invest in protecting the IP, the investment can secure them with more funding,” informed Shraff.
Read more >> https://www.entrepreneur.com/article/306087
Patents play a major role in getting funds for startups, especially the tech ventures. Venture capitalists evidently favour tech startups with patent-pending innovation. Patents increase the prospect and quality of merger, purchase or sale of a corporation or an initial public offering. This incentivizes investors to fund start-ups opting for patents. Moreover, patent portfolios are used as defensive strategies to discourage patent infringement claims.
While Applying for a Patent, Mull Over the Hazards
When decidingon applying for a patent, take a look at your invention and mull over the risks of not patenting it against the costs of doing so. The best approach is to appraise alternatives for IP protection before publicly disclosing the idea (e.g., pitch competitions, crowdfunding campaigns, launches, trade shows, etc.). Find a startup patent lawyer who understands your state of affairs and is ready to assist you in developing a patent strategy that takes care of your funding and acquisition goals.
According to VinayShraff, Advocate, Supreme Court, High Court,Tribunals, it is a chicken-and-egg quandary for startups that are cash-strapped. “While they require capital to invest in protecting the IP, the investment can secure them with more funding,” informed Shraff.
Read more >> https://www.entrepreneur.com/article/306087
How to Patent
By: Michael J Foycik Jr.
February 16, 2020
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
An idea or any useful device or method
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.
Introduction and types of patent
Many types of ideas can be patented. Anything that has a function or use can be patented. Also, patent protection can cover many (but not all) types of business methods, most types of computer programs, new methods and processes, new chemicals and compounds, and new materials or new uses for old materials. Where the invention is for a design feature or an ornamental cover or casing, for example, then a design patent is the best way of protecting the invention. How to get a design patent, and how to patent a design, is explained in a separate section below.
How to Patent an Idea
An idea can best be protected by a utility patent application. This is also sometimes called a “regular” patent application. The idea can be explained in words and, if possible, by drawings. The drawings do not need to be like blueprints; instead, they are simplified and do not usually have to show conventional features. And, it is not necessary to have a working model.
Read more >> http://internationalpatentservice.com/How-to-Patent.html
February 16, 2020
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
An idea or any useful device or method
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.
Introduction and types of patent
Many types of ideas can be patented. Anything that has a function or use can be patented. Also, patent protection can cover many (but not all) types of business methods, most types of computer programs, new methods and processes, new chemicals and compounds, and new materials or new uses for old materials. Where the invention is for a design feature or an ornamental cover or casing, for example, then a design patent is the best way of protecting the invention. How to get a design patent, and how to patent a design, is explained in a separate section below.
How to Patent an Idea
An idea can best be protected by a utility patent application. This is also sometimes called a “regular” patent application. The idea can be explained in words and, if possible, by drawings. The drawings do not need to be like blueprints; instead, they are simplified and do not usually have to show conventional features. And, it is not necessary to have a working model.
Read more >> http://internationalpatentservice.com/How-to-Patent.html
Unpatentable - No Problem! Tips To Protect Your Idea Anyway
By: Michael J Foycik Jr.
February 12, 2020
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 your new idea might not be patentable. Don't let that stop you! Here's some tips on what to do when your invention is not patentable.
Tip one: mark everything “confidential” and protect it under trade secret law.
Tip two: anything can be a trade secret. It just depends on the person seeing it. If it's new to them, and it's marked confidential, then it's a trade secret.
Tip three: a trade secret is probably better than a patent when it comes to those you have direct contact with. This is helpful if the idea is misappropriated by a retailer, distributor, developer, investor, and anyone else who sees the idea through you.
Tip four: file a provisional patent application (“PPA”). It documents your trade secret, the date of filing, and the ownership. As a government record, it is evidence. Few things could be as good.
Read more >> http://internationalpatentservice.com/Unpatentable-No-Problem-Tips-To-Protect-Your-Idea-Anyway.html
February 12, 2020
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 your new idea might not be patentable. Don't let that stop you! Here's some tips on what to do when your invention is not patentable.
Tip one: mark everything “confidential” and protect it under trade secret law.
Tip two: anything can be a trade secret. It just depends on the person seeing it. If it's new to them, and it's marked confidential, then it's a trade secret.
Tip three: a trade secret is probably better than a patent when it comes to those you have direct contact with. This is helpful if the idea is misappropriated by a retailer, distributor, developer, investor, and anyone else who sees the idea through you.
Tip four: file a provisional patent application (“PPA”). It documents your trade secret, the date of filing, and the ownership. As a government record, it is evidence. Few things could be as good.
Read more >> http://internationalpatentservice.com/Unpatentable-No-Problem-Tips-To-Protect-Your-Idea-Anyway.html
10 Reasons to Patent Your Startup’s New Invention
By: Doug Robinson
What would you do if your biggest competitor said your startup’s product infringes on its patent? What if you learned that the process your competitor uses to make its product infringes on a patent you own?
Patents can provide powerful leverage for your business. Patents are versatile: a patent can cover your products, the machines used to make your products, the compositions of materials that go into your products, or the processes you use in your business. Patents can even cover components or portions of those products, machines, compositions and processes.
Patents are also versatile in the value they provide businesses. Many people think of patents as only being used in huge business battles, like in the litigation between Apple and Samsung, but patents can be used in many other ways, and provide value to companies of all sizes, especially startups.
Read more >> https://startupnation.com/manage-your-business/patent-new-invention/
What would you do if your biggest competitor said your startup’s product infringes on its patent? What if you learned that the process your competitor uses to make its product infringes on a patent you own?
Patents can provide powerful leverage for your business. Patents are versatile: a patent can cover your products, the machines used to make your products, the compositions of materials that go into your products, or the processes you use in your business. Patents can even cover components or portions of those products, machines, compositions and processes.
Patents are also versatile in the value they provide businesses. Many people think of patents as only being used in huge business battles, like in the litigation between Apple and Samsung, but patents can be used in many other ways, and provide value to companies of all sizes, especially startups.
Read more >> https://startupnation.com/manage-your-business/patent-new-invention/
Startup Business: A Checklist
By: Michael J Foycik Jr.
February 7, 2020
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.
Starting a new business is exciting! Here's a checklist you'll want to consider.
> Trademark application or registered trademark. Everyone needs this.
> Pending patent application of any type: design, utility, or provisional (PPA).
> Funding, which can include crowd funding services like Kickstarter or Indiegogo.
> Copyright rights. This includes your web site and promotional materials.
> Publicity, if using crowd funding sites or if needed to attract investors.
Read more >> http://internationalpatentservice.com/Startup-Business.html
February 7, 2020
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.
Starting a new business is exciting! Here's a checklist you'll want to consider.
> Trademark application or registered trademark. Everyone needs this.
> Pending patent application of any type: design, utility, or provisional (PPA).
> Funding, which can include crowd funding services like Kickstarter or Indiegogo.
> Copyright rights. This includes your web site and promotional materials.
> Publicity, if using crowd funding sites or if needed to attract investors.
Read more >> http://internationalpatentservice.com/Startup-Business.html
To Patent or Not to Patent?
By: McKeever
INTELLECTUAL PROPERTY
Here we have our suggestions and turn on Intellectual property through our personal experience of I.P.Lawyers, Patents, Trademarks, Design Right and Copyright. We have a few unique suggestions as a small business that has had a crash course in I.P. and the various pitfalls of I.P. from; facing a lengthy & costly patenting process to obtain a patent and dealing with a trademark infringement challenge with one of the worlds biggest internet brands & succeeding.
Please consider the following question and statements:
Do you need your idea protected or not, and what are you prepared to gamble? Finances & Time?
No.1 Are you prepared to invest the time and resources to obtain a patent for your idea or product? If so you need a realistic financial plan and funds for a lengthy & costly legal process that realistically may take 4 to 5 years before you see a return on your investment. This does not guarantee a water tight patent that hasn’t already been super ceded or become out of date before you get it to market. But with a good idea and patent you could potentially have a very lucrative & legally protected product long term.
Read more >> https://designovation.co.uk/to-patent-or-not-to-patent/
INTELLECTUAL PROPERTY
Here we have our suggestions and turn on Intellectual property through our personal experience of I.P.Lawyers, Patents, Trademarks, Design Right and Copyright. We have a few unique suggestions as a small business that has had a crash course in I.P. and the various pitfalls of I.P. from; facing a lengthy & costly patenting process to obtain a patent and dealing with a trademark infringement challenge with one of the worlds biggest internet brands & succeeding.
Please consider the following question and statements:
Do you need your idea protected or not, and what are you prepared to gamble? Finances & Time?
No.1 Are you prepared to invest the time and resources to obtain a patent for your idea or product? If so you need a realistic financial plan and funds for a lengthy & costly legal process that realistically may take 4 to 5 years before you see a return on your investment. This does not guarantee a water tight patent that hasn’t already been super ceded or become out of date before you get it to market. But with a good idea and patent you could potentially have a very lucrative & legally protected product long term.
Read more >> https://designovation.co.uk/to-patent-or-not-to-patent/
Some Indiegogo Success Tips
By: Michael J Foycik Jr.
February 3, 2020
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
If you're planning an Indiegogo campaign or other enterprise funding site, then these tips may help.
Have IP protection. What's that? It is intellectual property. It is not necessary to have an issued patent, but for success raising capital it is important to have at least patent pending protection. Trademark protection can help too. Don't neglect copyright protection and trade secret protection, if those are appropriate for your enterprise.
Get publicity. Use an inexpensive service that does e-press releases. Such a service can even help you write the press releases, for a small additional fee. And, try giving interviews to journals and magazines that might review your product or service.
Line up your tech resources ahead of time, to list on the site. These services would include affordable software technical services. Your product will need technical support services, so it may be a good idea to list such a company on your site. Other software services are important, as you're well aware already: sales support software, inventory management software, and employee management software, among others.
Read more >> http://internationalpatentservice.com/Some-Indiegogo-Success-Tips.html
February 3, 2020
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
If you're planning an Indiegogo campaign or other enterprise funding site, then these tips may help.
Have IP protection. What's that? It is intellectual property. It is not necessary to have an issued patent, but for success raising capital it is important to have at least patent pending protection. Trademark protection can help too. Don't neglect copyright protection and trade secret protection, if those are appropriate for your enterprise.
Get publicity. Use an inexpensive service that does e-press releases. Such a service can even help you write the press releases, for a small additional fee. And, try giving interviews to journals and magazines that might review your product or service.
Line up your tech resources ahead of time, to list on the site. These services would include affordable software technical services. Your product will need technical support services, so it may be a good idea to list such a company on your site. Other software services are important, as you're well aware already: sales support software, inventory management software, and employee management software, among others.
Read more >> http://internationalpatentservice.com/Some-Indiegogo-Success-Tips.html
DOES YOUR ETSY SHOP NEED A TRADEMARK, PATENT, OR COPYRIGHT? BY @DEBORAHSWEENEY
By: Deborah Sweeney
You’d be hard pressed to meet an entrepreneurially-minded woman who doesn’t consider Etsy to be an incredible haven for business. 88% of all Etsy sellers are women, according to the site’s November 2013 progress report, and 74% of sellers consider their Etsy shop to be a legitimate small business. And, because so many owners see their Etsy shop as a legitimate business, one of the most common questions they have is whether they need to protect their intellectual property with a trademark, patent, or copyright. I always recommend new small business owners err on the side of caution when it comes to IP protection, so if you are thinking about registering a mark or filing a patent but aren’t sure where to start, ask yourself the following questions.
Do you need to protect your logo or branding?
Then you should register a trademark. Now, you have the rights to a mark the minute you start using a unique logo, word, phrase, symbol, design, or any sort of branding, to distinguish yourself from your competitors. Technically, you don’t have to register a mark in order to claim it. However, if you don’t register a trademark with the USPTO, you may find it a difficult to enforce your rights to that mark, especially if the infringing party is outside of your home state. Etsy is a huge site, with international sellers and domestic shops from all fifty states. If your business is picking up, it would be a smart move to trademark your logo or branding before someone steals it so you can enforce your right to your brand.
Read more >> https://sheownsit.com/does-your-etsy-shop-need-trademark-patent-or-copyright/
You’d be hard pressed to meet an entrepreneurially-minded woman who doesn’t consider Etsy to be an incredible haven for business. 88% of all Etsy sellers are women, according to the site’s November 2013 progress report, and 74% of sellers consider their Etsy shop to be a legitimate small business. And, because so many owners see their Etsy shop as a legitimate business, one of the most common questions they have is whether they need to protect their intellectual property with a trademark, patent, or copyright. I always recommend new small business owners err on the side of caution when it comes to IP protection, so if you are thinking about registering a mark or filing a patent but aren’t sure where to start, ask yourself the following questions.
Do you need to protect your logo or branding?
Then you should register a trademark. Now, you have the rights to a mark the minute you start using a unique logo, word, phrase, symbol, design, or any sort of branding, to distinguish yourself from your competitors. Technically, you don’t have to register a mark in order to claim it. However, if you don’t register a trademark with the USPTO, you may find it a difficult to enforce your rights to that mark, especially if the infringing party is outside of your home state. Etsy is a huge site, with international sellers and domestic shops from all fifty states. If your business is picking up, it would be a smart move to trademark your logo or branding before someone steals it so you can enforce your right to your brand.
Read more >> https://sheownsit.com/does-your-etsy-shop-need-trademark-patent-or-copyright/
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