Steps For Getting A Patent

By: Michael J Foycik Jr.
March 23, 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.

Steps For Getting a Patent

These are the basic steps for getting a patent.

First, file a patent application which describes and claims the invention.

Then, respond to any official actions received from the U.S. Patent Office. If the official action is a rejection, then a response will provide arguments in support of patentability and possibly changes to the claims.

Assuming the application is deemed patentable (the majority are), then a Notice of Allowance and Issue Fee Due is sent. Upon payment of the issue fee, a patent will issue.

It is that simple. This whole process can take anywhere from 12 months to 36 months, depending entirely on the U.S. Patent Examiner to which the application is officially assigned.

Read more >> http://internationalpatentservice.com/steps-for-getting-a-patent.html

Nigeria: Why You Badly Need To Protect The Intellectual Property Of Your Startup

By: Gabriel Eze

Here's the thing—one of the most important aspect of your business is the intellectual property of your startup. Ignore it and pay dearly for it. They say, great products and services with superb execution make great companies but then strong brands make an even greater company. By strong brands, I mean brands with comprehensive IP protection. Strong brands create great value—both commercial and intellectual assets that attract your product and services to your target market. What readily comes to mind when Intellectual Property (IP) is mentioned are the more common aspects such as copyright, industrial designs, patents, trademarks. The less common IP or IP-related rights include database rights, geographical indications, plant varieties, trade secrets, traditional knowledge, etc.

For startups, here's a quick one on some types of IP that may be relevant to your startup and that your startup badly needs to protect:

> Copyright

Copyright protects original literary, musical, and artistic works. It grants authors or creators exclusive right to produce, distribute, assign, license, or do other things with the work. If you have a web application or a website, then you will need to protect the source codes used to build it. You may need a contractual agreement on who should own the app or website especially if you contract a developer to build the app or website for you. Copyright protection takes care of this. Depending on the nature of startup, you will need to protect your copyright works accordingly. One of the most common copyright works startups often wish to protect, depending on the industry or sector they belong, include software programs (limited to the original source code used in writing the program only); marketing materials including ad copies and jingles; entertainment works including cinematography, motion picture, and musical works; web publishing including podcasts, training videos, web contents, etc. Any of these copyright works could become a valuable intangible asset for your startup especially if you know what you are doing.

Read more >> https://www.mondaq.com/Nigeria/Intellectual-Property/901604/Why-You-Badly-Need-To-Protect-The-Intellectual-Property-Of-Your-Startup

How to Get a Patent

By: Michael J Foycik Jr.
March 18, 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.

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.

Read more >> http://internationalpatentservice.com/how-to-get-a-patent.html

Do I Need A Patent?

By: Michael J Foycik Jr.
March 15, 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.

When – and why - do you need a patent?

You need a patent:

> If you wish to stop others from copying your invention.
> If you wish to protect yourself from competitors who may copy your invention and then try to patent it themselves.
> If your product is in stores and you are challenged by a competitor who claims they have patent rights of their own.
> If having a unique new product would allow you to set a much higher selling price.
> If it is important to impress potential investors, customers or retailers.
> If you want to stop illegal copies of your products from entering the U.S.
> If you hope to sell your business for a profit. Patent rights are often the most important asset of a successful business.
> If you hope to license your patented product to others.

Read more >> http://internationalpatentservice.com/do-i-need-a-patent.html

Dos and Don’ts of IP Protection for Tech Startups

By: Chinh H. Pham

The launch of a startup is an exciting time for any tech entrepreneur. As you embark on this adventure, it is critical to establish a strong legal foundation that protect your intellectual property (IP) and tech innovation. Unfortunately, many tech startups underestimate just how integral a strong IP strategy is to commercial success and revenue generation. In order to safeguard its IP, a tech startup should consider the following dos and don’ts.

Do Avoid Public Disclosure of Your Innovation

Public disclosure of your innovation can be dangerous for a tech startup. Even if unintentional, any public disclosure can delay or even end the patent process, especially when you seek to pursue patent protection outside the U.S. To avoid inadvertently disclosing your innovation to the public, tech startups should be careful not to do the following:

> Don’t Conduct Research & Development in the Open: With the growth of co-working spaces, conducting research and development (R&D) in the open should be avoided. Many developers are unaware that conducting R&D in the open is technically considered a public disclosure and can foreclose patent protection in most countries. While the United States does allow a one-year grace period for filing for patent protection, it is still a best practice to avoid any type of public R&D.

Read more >> https://vc-list.com/ip-protection-tech-startups/

Steps For Getting A Patent

By: Michael J Foycik Jr.
March 11, 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.

Steps For Getting a Patent

These are the basic steps for getting a patent.

First, file a patent application which describes and claims the invention.

Then, respond to any official actions received from the U.S. Patent Office. If the official action is a rejection, then a response will provide arguments in support of patentability and possibly changes to the claims.

Assuming the application is deemed patentable (the majority are), then a Notice of Allowance and Issue Fee Due is sent. Upon payment of the issue fee, a patent will issue.

It is that simple. This whole process can take anywhere from 12 months to 36 months, depending entirely on the U.S. Patent Examiner to which the application is officially assigned.

Read more >> http://internationalpatentservice.com/steps-for-getting-a-patent.html

Singapore intellectual property officer nominated for UN top role

By: Eileen Yu

A Singaporean officer has been nominated for the role of director general of the United Nations (UN) World Intellectual Property Organisation (WIPO), making him the first from the country to take on a top UN role, if confirmed. Daren Tang was picked from an initial list of 10 candidates and his nomination would need to be approved when the WIPO General Assembly convenes in May. 

If confirmed, he would be WIPO's fifth director general and would begin official duties from October 1 for a six-year term, said the Intellectual Property Office of Singapore (IPOS) in a statement Thursday. A specialised agency under UN, WIPO manages IP services, policies, information, and cooperation, and helps member states develop their capabilities and infrastructure to embrace IP as a catalyst for economic development and innovation. 

Tang currently is chief executive of IPOS, which is a statutory board parked under Singapore's Law Ministry. 

Read more >> https://www.zdnet.com/article/singapore-intellectual-property-officer-nominated-for-un-top-role/

Unpatentable - No Problem! Tips To Protect Your Idea Anyway

By: Michael J Foycik Jr.
March 4, 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

The Truth Nobody Tells You About Startup Budgeting

By: Tracy Leigh Hazzard

So many startups are so eager to throw money into anything they believe will speed up the launch process. More seasoned experts know that intellectual property, patents, trademarks, copyrights, content, and products should all be assets that hold value, rather than sinkholes. You need to have an investment plan for all of this. That means every single spending point along the way should be detailed in your investment plan and budget. The problem with this is that, unless you are spending thousands on an expert, which you probably cannot afford in the beginning, who knows how much you should budget for things like patents, marketing, prototyping, research, and design? This is what we are going to break down today.

Scrounging and Spending: Why? What? When?

The first thing you need to be able to determine is whether or not an item is an asset or a liability, so you can learn when to scrounge, and when to spend, and when you are spending, how much you should be dropping. Remember, when discerning between the two, assets always add value while liabilities oftentimes eat up resources without adding value back in.

The Importance of Research and Design

 It is no secret that startups that spend on research and design, especially forward-thinking research and design in their product categories, out-profit every other brand in their category. Every other brand in their category has less value both in the marketplace and in sales. As you build your brand, compare yourself to bigger brands in your category. If you're competing in a marketplace with Apple, for example, then you're going to have to spend a pretty steep amount on research and design. Apple spends between 20 and 25 percent of its overall revenue budget on research and design. In my early days at Herman Miller, they had an entire research division that built assets for the business.

Read more >> https://www.inc.com/tracy-leigh-hazzard/how-to-budget-your-startup-so-you-dont-run-out-of-money.html

How to Patent a Business Method

By: Michael J Foycik Jr.
March 2, 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 business method
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.

A business method cannot be copyrighted, but it can sometimes be patented. Specifically, the inventive steps of certain business methods can be patented, and because of this the patent can provide protection far beyond just the specific business method language used.

First, a drawing is made showing the most important steps of the business method as a flowchart diagram. It is usually not necessary to give every detail of the operation of the business method; instead, the main features should be illustrated. The business method should be protected by a utility patent application, since that will cover any type of business method language. This is also sometimes called a “regular” patent application. The business method steps can be explained in words and by the flowchart drawings.

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-Business-Method.html