By: Michael J Foycik Jr.
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.”
Here's a simple example showing how to patent an idea for a simple and amusing invention, where a business method is used. The simplest business method already in the public domain would be a lottery. Here, tickets are sold, and based on predetermined or later-determined criteria such as the drawing of numbers, determines winning tickets. For the moment, we aren't concerned with whether it has been done before, it is just an example. For now, the idea would be expressed in words, written just as above. These steps would be shown in a simple flowchart.
Next, a claim is added to describe the invention broadly, such as the following: Claim 1: A method for selling tickets and awarding prizes, comprising the steps of: selling tickets with indicia thereon; matching the indicia with predetermined or later-determined criteria such as the drawing of numbers to determine winning tickets; and awarding prizes to winning tickets.
Standard text is then 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.
Last, a cover page including a Transmittal sheet is prepared, listing what is being filed with the US Patent Office. The Transmittal page normally will include a check for the amount of the US government filing fee, and a postcard filing receipt. The check can be omitted, as can the signed Declaration, but in that case the US Patent Office will send a notice asking for those items along with a relatively small late fee.
Read More >> http://internationalpatentservice.com/How-to-Patent-a-Business-Method.html
5 Major Mistakes That Could Derail Your Startup
By: ADMIN
Startup Mistakes
Hindsight may be 20/20 but who doesn’t want to avoid making startup mistakes when possible? In business, mistakes can cost you money, customers, and even your hard-earned brand. However, there are missteps that can easily be avoided with the right preparation and awareness.
Waiting too long to delegate
As a leader, your role is to inspire your team with your long-term vision, innovation, and planning. In the nascent stages of your company, you wear many functional hats and perform many roles. As the business grows, you need people to manage different areas and specialists who’ll add their expertise to your management team. Bring on team members with skills that are different than yours and give them the tools they require to execute. The ability to successfully manage is different than the ability to lead. Relinquish the management role to someone who has proven experience so you can focus on exploring new opportunities.
Not learning from failures
Failures in a growing startup are par for the course, no matter the business. Every failure is an opportunity to learn and grow, and when things veer off-track, be nimble and open to pivoting if necessary. When you remove the fear of failure, teams are free to move forward, innovate, experiment, and flex their creative muscle. Minimize people’s natural aversion to risk and instill a culture of continuous learning in which the lessons learned are used to improve the business.
RELATED: The Ultimate Guide to Google Ranking Factors in 2019
Not protecting your intellectual property
You’ve worked hard to build out your business so it’s crucial you protect intangible assets like your name, logo and if you’re a designer or inventor, your creation. Everyone starts small, but protecting your intellectual property is important when planning long-term. The theft of intellectual property is a rampant problem, and patent, trademark, and copyright protection are your best bet against what could amount to a significant financial loss.
Read More >> http://www.sbentrepreneur.org/5-startup-mistakes-you-can-avoid/
Startup Mistakes
Hindsight may be 20/20 but who doesn’t want to avoid making startup mistakes when possible? In business, mistakes can cost you money, customers, and even your hard-earned brand. However, there are missteps that can easily be avoided with the right preparation and awareness.
Waiting too long to delegate
As a leader, your role is to inspire your team with your long-term vision, innovation, and planning. In the nascent stages of your company, you wear many functional hats and perform many roles. As the business grows, you need people to manage different areas and specialists who’ll add their expertise to your management team. Bring on team members with skills that are different than yours and give them the tools they require to execute. The ability to successfully manage is different than the ability to lead. Relinquish the management role to someone who has proven experience so you can focus on exploring new opportunities.
Not learning from failures
Failures in a growing startup are par for the course, no matter the business. Every failure is an opportunity to learn and grow, and when things veer off-track, be nimble and open to pivoting if necessary. When you remove the fear of failure, teams are free to move forward, innovate, experiment, and flex their creative muscle. Minimize people’s natural aversion to risk and instill a culture of continuous learning in which the lessons learned are used to improve the business.
RELATED: The Ultimate Guide to Google Ranking Factors in 2019
Not protecting your intellectual property
You’ve worked hard to build out your business so it’s crucial you protect intangible assets like your name, logo and if you’re a designer or inventor, your creation. Everyone starts small, but protecting your intellectual property is important when planning long-term. The theft of intellectual property is a rampant problem, and patent, trademark, and copyright protection are your best bet against what could amount to a significant financial loss.
Read More >> http://www.sbentrepreneur.org/5-startup-mistakes-you-can-avoid/
How to Patent a Plant Species
By: Michael J Foycik Jr.
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.
Last, a cover page including a Transmittal sheet is prepared, listing what is being filed with the US Patent Office. The Transmittal page normally will include a check for the amount of the US government filing fee, and a postcard filing receipt. The check can be omitted, as can the signed Declaration, but in that case the US Patent Office will send a notice asking for those items along with a relatively small late fee.
The drawings may or may not be accepted as filed. If not accepted, the US Patent Office sends a notice, and sets a time period for submitting the formal drawings. A specially skilled draftsman normally prepares the formal drawings, since the US Patent Office has very specific and detailed requirements for the drawings. We work with a skilled patent draftsman, to provide the formal drawings.
The application is examined by the US Patent Office. If granted, the application matures into a plant patent. A granted plant patent can be enforced in court, and it can be assigned and licensed too.
Read More >> http://internationalpatentservice.com/How-to-Patent-a-Plant-Species.html
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.
Last, a cover page including a Transmittal sheet is prepared, listing what is being filed with the US Patent Office. The Transmittal page normally will include a check for the amount of the US government filing fee, and a postcard filing receipt. The check can be omitted, as can the signed Declaration, but in that case the US Patent Office will send a notice asking for those items along with a relatively small late fee.
The drawings may or may not be accepted as filed. If not accepted, the US Patent Office sends a notice, and sets a time period for submitting the formal drawings. A specially skilled draftsman normally prepares the formal drawings, since the US Patent Office has very specific and detailed requirements for the drawings. We work with a skilled patent draftsman, to provide the formal drawings.
The application is examined by the US Patent Office. If granted, the application matures into a plant patent. A granted plant patent can be enforced in court, and it can be assigned and licensed too.
Read More >> http://internationalpatentservice.com/How-to-Patent-a-Plant-Species.html
Why Exclusive Patent Licenses Can Be More Valuable Than Owning Patents Outright
By: Russ Krajec
Patents encapsulate the hopes and dreams of a company and many investors, CEOs, and inventors have a negative gut reaction about not “owning” their patents. For some reason, “owning” their patents is a deeply emotional issue, but it should not be.
Sophisticated investors recognize the benefits of exclusive licenses and many prefer exclusive licenses over the cost, hassle, and uncertainty of having a startup manage its own patent portfolio.
Exclusive licenses are regularly done by universities and other technology transfer offices, as well as by patent holders and patent finance companies. These agreements are the way technologies can be moved into the marketplace without burdening a startup company and while giving the patent owner participation in the success.[1]
A licensor will grant an exclusive license when it wants another company to bring a technology to market. The exclusivity gives the licensee the incentive to invest in developing the market potential of the technology.
In contrast, a non-exclusive license dis-incentivizes the licensee from investing in developing a market. This is because the licensor could sell licenses to all of the company’s competitors after the first licensee educates and cultivates the market for the product.
For a startup, having an exclusive license to a patent is actually more valuable than “owning” a patent.
Patents are a big capital investment for a startup company, but so is an office building. However, no startup company owns their office building outright. Even if they did own the building, they would take a mortgage on the building to free up capital. Exclusive licenses are the same thing as a lease agreement: the startup has full control of the assets, but does not have to spend capital to build or maintain the asset.
An Exclusive License Aligns Incentives
In a licensing agreement, the licensee and licensor have aligned incentives. Both parties want the licensee to be successful.
The patent holder has every incentive to have a good patent.
The patent holder’s only stock in trade is a quality patent. If the licensee cannot find any commercial value in the patent, the deal never gets done. It is incumbent on the patent holder to provide and maintain the highest quality patent possible.
Many licensing organizations, such as a select few of the major universities, have professional patent management systems in place. They professionally curate inventions and manage their portfolio to maximize the value to their licensees.[2]
When this is done well, the licensee startup company can benefit from professional patent management systems that they otherwise could not afford. Further, the licensor is incentivized to invest in the patents by paying for expedited costs, the additional costs for going up on appeal with the Patent Office, assistance in defending the patent from reexamination, or other costs that the startup can avoid.
An Exclusive License Eliminates Unpredictable Patent Costs
From a purely financial standpoint, an exclusive license reduces immediate patent costs and makes the costs predictable and manageable.
For a startup, unpredictable costs make for very difficult decisions. Should the CEO spend $4,000 on an office action response for the patent, or have a booth at a startup conference to attract investors? Which of these expenses will have the best return on investment for the company in the short term? Which expenses would be best in the long term?
In the analogy of owning the office building, a startup might be faced with an emergency roof repair, a plugged drain the bathroom, or repaving the parking lot. The unpredictable nature means that capital needs to be set aside to deal with the variability.
Unpredictable costs, such as patent costs, are managed by keeping a prudent reserve. The reserve can be managed explicitly, such as setting aside so many dollars for patent costs, or may be reactionary, where there is a churn of unpredictable expenses.
The prudent reserve – no matter how prudent – is still capital that cannot be deployed to grow the business. The more costs that can be predicted, the fewer reserves need to be set aside for the unpredictable costs, and the more capital can be fully deployed to advance the business.
Read More >> https://www.ipwatchdog.com/2016/06/25/exclusive-patent-licenses-valuable-owning-patents/id=70367/
Patents encapsulate the hopes and dreams of a company and many investors, CEOs, and inventors have a negative gut reaction about not “owning” their patents. For some reason, “owning” their patents is a deeply emotional issue, but it should not be.
Sophisticated investors recognize the benefits of exclusive licenses and many prefer exclusive licenses over the cost, hassle, and uncertainty of having a startup manage its own patent portfolio.
Exclusive licenses are regularly done by universities and other technology transfer offices, as well as by patent holders and patent finance companies. These agreements are the way technologies can be moved into the marketplace without burdening a startup company and while giving the patent owner participation in the success.[1]
A licensor will grant an exclusive license when it wants another company to bring a technology to market. The exclusivity gives the licensee the incentive to invest in developing the market potential of the technology.
In contrast, a non-exclusive license dis-incentivizes the licensee from investing in developing a market. This is because the licensor could sell licenses to all of the company’s competitors after the first licensee educates and cultivates the market for the product.
For a startup, having an exclusive license to a patent is actually more valuable than “owning” a patent.
Patents are a big capital investment for a startup company, but so is an office building. However, no startup company owns their office building outright. Even if they did own the building, they would take a mortgage on the building to free up capital. Exclusive licenses are the same thing as a lease agreement: the startup has full control of the assets, but does not have to spend capital to build or maintain the asset.
An Exclusive License Aligns Incentives
In a licensing agreement, the licensee and licensor have aligned incentives. Both parties want the licensee to be successful.
The patent holder has every incentive to have a good patent.
The patent holder’s only stock in trade is a quality patent. If the licensee cannot find any commercial value in the patent, the deal never gets done. It is incumbent on the patent holder to provide and maintain the highest quality patent possible.
Many licensing organizations, such as a select few of the major universities, have professional patent management systems in place. They professionally curate inventions and manage their portfolio to maximize the value to their licensees.[2]
When this is done well, the licensee startup company can benefit from professional patent management systems that they otherwise could not afford. Further, the licensor is incentivized to invest in the patents by paying for expedited costs, the additional costs for going up on appeal with the Patent Office, assistance in defending the patent from reexamination, or other costs that the startup can avoid.
An Exclusive License Eliminates Unpredictable Patent Costs
From a purely financial standpoint, an exclusive license reduces immediate patent costs and makes the costs predictable and manageable.
For a startup, unpredictable costs make for very difficult decisions. Should the CEO spend $4,000 on an office action response for the patent, or have a booth at a startup conference to attract investors? Which of these expenses will have the best return on investment for the company in the short term? Which expenses would be best in the long term?
In the analogy of owning the office building, a startup might be faced with an emergency roof repair, a plugged drain the bathroom, or repaving the parking lot. The unpredictable nature means that capital needs to be set aside to deal with the variability.
Unpredictable costs, such as patent costs, are managed by keeping a prudent reserve. The reserve can be managed explicitly, such as setting aside so many dollars for patent costs, or may be reactionary, where there is a churn of unpredictable expenses.
The prudent reserve – no matter how prudent – is still capital that cannot be deployed to grow the business. The more costs that can be predicted, the fewer reserves need to be set aside for the unpredictable costs, and the more capital can be fully deployed to advance the business.
Read More >> https://www.ipwatchdog.com/2016/06/25/exclusive-patent-licenses-valuable-owning-patents/id=70367/
How to Patent a Provisional Patent Application
By: Michael J Foycik Jr.
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 provisional patent application
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.
A slightly better title would be “How to Get a Provisional Patent Application.“ That would be more correct, as explained below. It is easy to get a provisional patent application, which gives “patent pending” status but cannot in itself be “patented.” Instead, a provisional patent application holds the date (as the date of filing), protects the owner against later copiers, and permits later filing of a utility (“regular”) patent application.
Why get a Provisional Patent Application? It is less costly, and has a lower government filing fee, as compared with a utility patent application. It takes less effort to prepare, and needs no formal drawings and no signed Declaration.
Anything can be the subject of a provisional patent application. It provides defensive protection against later imitators. And, it can be the basis of a later utility patent application. It’s very useful to get a provisional patent application!
So what's the catch? The catch is, the provisional patent application lasts for only one year, after which the idea belongs to the public unless a utility patent application has been filed during that year.
So why file a Provisional Patent Application? If you are publishing the invention or showing it to potential investors or distributors or at a trade show, then a Provisional Patent Application will secure the date of filing, and can protect you against later imitators. How can it protect? It would prevent a competitor from copying your idea and patenting it themselves, then using the patent against you. Yes, that really happens sometimes! And, if the provisional application is followed up within one year by a utility patent application that issues as a patent, then it would allow you to seek damages in court.
Do you need to wait for a patent to issue before commercializing your invention? No, not at all! In fact, a pending patent application can be even more valuable than an issued patent in some cases, and a pending provisional patent application can be sold, assigned, or licensed.
What do you need to get a provisional patent application? You need a written description of the idea. And, it is helpful to provide drawings or sketches of the idea or invention, preferably with numbers that can be referred to in the body of the written description. The drawings do not need to be like blueprints; they can be simple or very rough, as long as they can be understood in connection with the text in the provisional patent application. And, it is not necessary to have a working model.
Here's a simple example showing how to get a provisional patent application for an idea for a very simple and amusing invention. The simple idea: add a blinking light to a pencil eraser. For the moment, we aren't concerned with whether it has been done before. For now, the idea would be expressed in words, written just as above, as the text or body of the application. And, since it is possible to illustrate the idea in a drawing, we would also add a sketch showing where the light should be placed on the eraser. The parts shown in the drawings should be numbered, for easy reference. The text would refer to the features of the drawings, and name the parts indicated by numbers, and also explain the function or purpose of the parts. What else should be shown in the drawings? The light should have a power source, for example a small solar panel or a small battery, and connecting wires should be shown connecting the power source to the light.
Read More >> http://internationalpatentservice.com/How-to-Patent-a-Provisional-Patent-Application.html
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 provisional patent application
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.
A slightly better title would be “How to Get a Provisional Patent Application.“ That would be more correct, as explained below. It is easy to get a provisional patent application, which gives “patent pending” status but cannot in itself be “patented.” Instead, a provisional patent application holds the date (as the date of filing), protects the owner against later copiers, and permits later filing of a utility (“regular”) patent application.
Why get a Provisional Patent Application? It is less costly, and has a lower government filing fee, as compared with a utility patent application. It takes less effort to prepare, and needs no formal drawings and no signed Declaration.
Anything can be the subject of a provisional patent application. It provides defensive protection against later imitators. And, it can be the basis of a later utility patent application. It’s very useful to get a provisional patent application!
So what's the catch? The catch is, the provisional patent application lasts for only one year, after which the idea belongs to the public unless a utility patent application has been filed during that year.
So why file a Provisional Patent Application? If you are publishing the invention or showing it to potential investors or distributors or at a trade show, then a Provisional Patent Application will secure the date of filing, and can protect you against later imitators. How can it protect? It would prevent a competitor from copying your idea and patenting it themselves, then using the patent against you. Yes, that really happens sometimes! And, if the provisional application is followed up within one year by a utility patent application that issues as a patent, then it would allow you to seek damages in court.
Do you need to wait for a patent to issue before commercializing your invention? No, not at all! In fact, a pending patent application can be even more valuable than an issued patent in some cases, and a pending provisional patent application can be sold, assigned, or licensed.
What do you need to get a provisional patent application? You need a written description of the idea. And, it is helpful to provide drawings or sketches of the idea or invention, preferably with numbers that can be referred to in the body of the written description. The drawings do not need to be like blueprints; they can be simple or very rough, as long as they can be understood in connection with the text in the provisional patent application. And, it is not necessary to have a working model.
Here's a simple example showing how to get a provisional patent application for an idea for a very simple and amusing invention. The simple idea: add a blinking light to a pencil eraser. For the moment, we aren't concerned with whether it has been done before. For now, the idea would be expressed in words, written just as above, as the text or body of the application. And, since it is possible to illustrate the idea in a drawing, we would also add a sketch showing where the light should be placed on the eraser. The parts shown in the drawings should be numbered, for easy reference. The text would refer to the features of the drawings, and name the parts indicated by numbers, and also explain the function or purpose of the parts. What else should be shown in the drawings? The light should have a power source, for example a small solar panel or a small battery, and connecting wires should be shown connecting the power source to the light.
Read More >> http://internationalpatentservice.com/How-to-Patent-a-Provisional-Patent-Application.html
Protecting your business’ intellectual property
By: BusinessNC
Jeff Wilson & Scott Moore
Jenkins, Wilson, Taylor and Hunt, P.A.
What are patents, trademarks, and copyrights? How does obtaining these intellectual property rights, or “IP” rights, help create value for your business? Unfortunately, there are no short answers to these questions. With that being said, in this article we attempt to make the subject of IP more accessible and provide a pathway to understanding how IP can be used to protect the products that your business has spent blood, sweat, and capital on, and also how it can create growth and value for your business.
A patent issued by the United States Patent and Trademark Office is an IP right that grants the patent owner the right to exclude others from making, using, or selling, or importing the invention covered in the patent. In order to obtain a patent, the invention must be a machine, apparatus, process, plant, or composition of matter. Although abstract ideas or mathematical formulas are not patentable, in some instances software is patentable.
There are several different types of patents, including utility patents, design patents, and plant patents. Utility patents, which include provisional patent applications and non-provisional patents, are by far the most common, followed by design patents. Utility patents protect the functionality of an invention. While a provisional patent application cannot itself become a granted patent, it can be used to establish a filing date and later be used as a basis for a non-provisional patent application claiming priority to the provisional patent application. A non-provisional patent typically has a term of 20 years from the earliest effective filing date, with some adjustment possible for time delays. Periodic maintenance fees are required to keep a non-provisional patent in force. Design patents protect the ornamental design of an invention and have a term of 15 years from the date the patent is issued. No maintenance fees are required to keep a design patent in force.
The most obvious reason for filing a patent application is to protect the years of work and capital invested in your product. Since you or your business invested the time and money in the product, providing an ability to stop others from copying your product is one of the main reasons why patents exist. Obtaining a patent on your product, however, can also help your business in other ways. Patent licensing allows you to give certain rights to others to your invention, for a fee, and can result in extra income without having to invest any additional capital into your own business. Moreover, if your business plan is to be acquired by a larger company or a merger is in your future, having valuable patents in your list of assets can result in a competitive advantage at the negotiating table. Patents can also be used as collateral to obtain new rounds of funding if your business is looking to expand. These are just some examples of how patents can create value for your business beyond the legal monopoly granted by the Patent Office.
Trademarks are IP rights that protect signs, symbols, names, and colors that are source identifiers for products and services. Product configuration trademarks also can be pursued to protect product designs via trademark rights. Although some trademark rights exist without registration, obtaining a federal trademark or service mark registration not only provides a tool that can be used to prevent others from using an identical mark as yours for the same goods, but a federal registration also can be used to prevent others from using a mark that would create a likelihood of confusion. This type of protection is, therefore, quite broad. As long as they are continuously used and have not become generic or cancelled, federal trademark registrations have a term of 10 years and can be renewed in perpetuity. Federal trademark registrations have been granted for particular color combinations, jingles or short musical pieces associated with a business, and even particular scents. The key is that the trademark is used to identify the source of the product or service as that of the entity that owns the trademark.
Trademarks create value for your business because they can be used to prevent others from passing off their product or service as that of the business that owns the trademark. Furthermore, trademarks help associate products and services to your business in the minds of consumers and contribute to the goodwill of your company. When consumers see a product or service with your company’s trademark on it, they associate it with your company and know the quality they will receive based on past experience with your company and/or your reputation. Many consumers are also loyal to brands they have previously had good experiences with, so they are likely to purchase similar products with your trademark on them because they associate it with the goodwill of your business.
Copyrights are IP rights that protect expressions of ideas by protecting original works of authorship in tangible mediums. Books, instruction manuals, pamphlets, software, videos, and pictures are some of the more common mediums authors choose to protect by obtaining a copyright. Although a copyright attaches to a work as soon as the work is fixed in a tangible form, more powerful rights associated with the copyright result from actual registration of a federal copyright with the United States Copyright Office. Copyright registrations generally have a term of the life of the author plus 70 years after death, or the shorter of 95 years from publication or 120 years from creation for works made for hire. Copyrights create value for your business in ways similar to a patent and can be licensed to others for a fee and the rights sold or used for collateral as well.
Read More >> http://businessnc.com/protecting-your-business-intellectual-property/
Jeff Wilson & Scott Moore
Jenkins, Wilson, Taylor and Hunt, P.A.
What are patents, trademarks, and copyrights? How does obtaining these intellectual property rights, or “IP” rights, help create value for your business? Unfortunately, there are no short answers to these questions. With that being said, in this article we attempt to make the subject of IP more accessible and provide a pathway to understanding how IP can be used to protect the products that your business has spent blood, sweat, and capital on, and also how it can create growth and value for your business.
A patent issued by the United States Patent and Trademark Office is an IP right that grants the patent owner the right to exclude others from making, using, or selling, or importing the invention covered in the patent. In order to obtain a patent, the invention must be a machine, apparatus, process, plant, or composition of matter. Although abstract ideas or mathematical formulas are not patentable, in some instances software is patentable.
There are several different types of patents, including utility patents, design patents, and plant patents. Utility patents, which include provisional patent applications and non-provisional patents, are by far the most common, followed by design patents. Utility patents protect the functionality of an invention. While a provisional patent application cannot itself become a granted patent, it can be used to establish a filing date and later be used as a basis for a non-provisional patent application claiming priority to the provisional patent application. A non-provisional patent typically has a term of 20 years from the earliest effective filing date, with some adjustment possible for time delays. Periodic maintenance fees are required to keep a non-provisional patent in force. Design patents protect the ornamental design of an invention and have a term of 15 years from the date the patent is issued. No maintenance fees are required to keep a design patent in force.
The most obvious reason for filing a patent application is to protect the years of work and capital invested in your product. Since you or your business invested the time and money in the product, providing an ability to stop others from copying your product is one of the main reasons why patents exist. Obtaining a patent on your product, however, can also help your business in other ways. Patent licensing allows you to give certain rights to others to your invention, for a fee, and can result in extra income without having to invest any additional capital into your own business. Moreover, if your business plan is to be acquired by a larger company or a merger is in your future, having valuable patents in your list of assets can result in a competitive advantage at the negotiating table. Patents can also be used as collateral to obtain new rounds of funding if your business is looking to expand. These are just some examples of how patents can create value for your business beyond the legal monopoly granted by the Patent Office.
Trademarks are IP rights that protect signs, symbols, names, and colors that are source identifiers for products and services. Product configuration trademarks also can be pursued to protect product designs via trademark rights. Although some trademark rights exist without registration, obtaining a federal trademark or service mark registration not only provides a tool that can be used to prevent others from using an identical mark as yours for the same goods, but a federal registration also can be used to prevent others from using a mark that would create a likelihood of confusion. This type of protection is, therefore, quite broad. As long as they are continuously used and have not become generic or cancelled, federal trademark registrations have a term of 10 years and can be renewed in perpetuity. Federal trademark registrations have been granted for particular color combinations, jingles or short musical pieces associated with a business, and even particular scents. The key is that the trademark is used to identify the source of the product or service as that of the entity that owns the trademark.
Trademarks create value for your business because they can be used to prevent others from passing off their product or service as that of the business that owns the trademark. Furthermore, trademarks help associate products and services to your business in the minds of consumers and contribute to the goodwill of your company. When consumers see a product or service with your company’s trademark on it, they associate it with your company and know the quality they will receive based on past experience with your company and/or your reputation. Many consumers are also loyal to brands they have previously had good experiences with, so they are likely to purchase similar products with your trademark on them because they associate it with the goodwill of your business.
Copyrights are IP rights that protect expressions of ideas by protecting original works of authorship in tangible mediums. Books, instruction manuals, pamphlets, software, videos, and pictures are some of the more common mediums authors choose to protect by obtaining a copyright. Although a copyright attaches to a work as soon as the work is fixed in a tangible form, more powerful rights associated with the copyright result from actual registration of a federal copyright with the United States Copyright Office. Copyright registrations generally have a term of the life of the author plus 70 years after death, or the shorter of 95 years from publication or 120 years from creation for works made for hire. Copyrights create value for your business in ways similar to a patent and can be licensed to others for a fee and the rights sold or used for collateral as well.
Read More >> http://businessnc.com/protecting-your-business-intellectual-property/
A New Startup Business: What Is Needed For Success
By: Michael J Foycik Jr.
June 22, 2016
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
So you're starting a new business, congratulations! The sky's the limit. If your new startup business is based on a new idea, a new concept, or a new invention, then you'll need something first.
What will you need for success? At least one thing: something unique that you own. The key word here is “own” and that includes intellectual property: patent rights, trademark rights, copyright rights, and trade secret rights. Otherwise, your initial success can be copied or taken by anyone.
You should have a pending application of some type. That is, unless you already have an issued patent or a registered trademark, though a startup is unlikely to have either one. What you can have is a pending application: a pending patent application, a pending trademark application, or both. For some businesses, a copyright application is needed instead of, or in addition to, a patent application.
A pending application documents ownership, as of the filing date. For patent applications, the law now is first-to-file. If you wait to file a patent application, anyone can take your idea and file on it. So be the first! If you are first, then your rights are documented by the filing of the application.
Costs can be kept fairly low on the patent side by filing a provisional patent application (PPA), which gives true patent pending rights for one year, which can give priority rights for any later filed utility patent application. The PPA also documents trade secret rights when the subject matter is kept confidential, and such rights can be valuable.
Read More >> http://internationalpatentservice.com/A-New-Startup-Business.html
June 22, 2016
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
So you're starting a new business, congratulations! The sky's the limit. If your new startup business is based on a new idea, a new concept, or a new invention, then you'll need something first.
What will you need for success? At least one thing: something unique that you own. The key word here is “own” and that includes intellectual property: patent rights, trademark rights, copyright rights, and trade secret rights. Otherwise, your initial success can be copied or taken by anyone.
You should have a pending application of some type. That is, unless you already have an issued patent or a registered trademark, though a startup is unlikely to have either one. What you can have is a pending application: a pending patent application, a pending trademark application, or both. For some businesses, a copyright application is needed instead of, or in addition to, a patent application.
A pending application documents ownership, as of the filing date. For patent applications, the law now is first-to-file. If you wait to file a patent application, anyone can take your idea and file on it. So be the first! If you are first, then your rights are documented by the filing of the application.
Costs can be kept fairly low on the patent side by filing a provisional patent application (PPA), which gives true patent pending rights for one year, which can give priority rights for any later filed utility patent application. The PPA also documents trade secret rights when the subject matter is kept confidential, and such rights can be valuable.
Read More >> http://internationalpatentservice.com/A-New-Startup-Business.html
5 Things Every Entrepreneur Should Consider Before Filing a Patent
By: Amit Aggarwal
The number of patents being filed in India is rising nearly every year. Indian entrepreneurs realize that securing patents present an opportunity to be rewarded for the effort and research done by them. A patent that is successfully applied to a useful innovation also presents the opportunity to outsmart the competition. Additionally, a useful patent is also more likely to attract investors, funding, and partners who are eager to join an entity that has successfully filed the patent.
Filing a patent is an important decision that demands certain key factors be considered beforehand. A few critical issues to consider before filing a patent are discussed below.
Research Your Patent
There is a need to understand what makes a patent unique and how it will be advantageous for your startup. It is also important to learn whether the idea or product has already been patented by another entity. For this, a startup will need to study the market and learn whether it is worthwhile to invest in a patent. If no similar patent exists in the market then taking the time, effort and expense to apply for a patent are most likely worthwhile. It may also be worthwhile to apply for a patent if it will create barriers for competitors. This means that if a patent is able to limit research a competitor can perform in a certain domain then the patent can be advantageous to a start-up.
When a Startup Applies for a Patent
A startup may have different considerations than an established company when it decides to apply for a patent. It’s likely that a successful startup has created a technology to help it excel in its business domain. Subsequent to the development of the new technology it may need to decide whether it should apply for a patent at all. For instance, a startup may wish to keep the technology it has developed completely secret to gain an edge over its competition. Because on the other hand, if the startup applies for a new patent for the technology it has created, it makes knowledge of the technology public leaving open the door to competitors to perhaps patent a somewhat similar technology. A competitor may use a patented technology that was developed by a startup to its advantage by developing its own technology using the start-up’s patent. Additionally, competitors may also block further development of a technology developed by a start-up by patenting their own technology.
These are a few reasons that a startup that has created a new technology may not wish to seek a patent at all but rather keep the technology it has developed a secret.
Learn About the Patent Laws in Different Countries
Many of the largest companies and entrepreneurs have struggled with respect to protecting their patents from infringement in certain countries across the globe. This is particularly true when it comes to protecting a patent in China where the price of entry often means sharing technology which is then copied and exploited by local Chinese manufacturers to the disadvantage of the company or startup that originally patented the technology. Every entrepreneur must understand the nuances of patent laws as they apply to different countries and markets across the globe. A startup that is proud of a technology and wishes to exhibit it or to publicly disclose information about the technology must also be considerate of the country or region where it seeks a file for a patent. For instance, leaving aside the Wild West that is China where patents are frequently disregarded, if a startup publicly discloses technology it may also be disqualified from owning a patent in a large and well-developed market like the European Union.
Read More >> https://www.entrepreneur.com/article/318774
The number of patents being filed in India is rising nearly every year. Indian entrepreneurs realize that securing patents present an opportunity to be rewarded for the effort and research done by them. A patent that is successfully applied to a useful innovation also presents the opportunity to outsmart the competition. Additionally, a useful patent is also more likely to attract investors, funding, and partners who are eager to join an entity that has successfully filed the patent.
Filing a patent is an important decision that demands certain key factors be considered beforehand. A few critical issues to consider before filing a patent are discussed below.
Research Your Patent
There is a need to understand what makes a patent unique and how it will be advantageous for your startup. It is also important to learn whether the idea or product has already been patented by another entity. For this, a startup will need to study the market and learn whether it is worthwhile to invest in a patent. If no similar patent exists in the market then taking the time, effort and expense to apply for a patent are most likely worthwhile. It may also be worthwhile to apply for a patent if it will create barriers for competitors. This means that if a patent is able to limit research a competitor can perform in a certain domain then the patent can be advantageous to a start-up.
When a Startup Applies for a Patent
A startup may have different considerations than an established company when it decides to apply for a patent. It’s likely that a successful startup has created a technology to help it excel in its business domain. Subsequent to the development of the new technology it may need to decide whether it should apply for a patent at all. For instance, a startup may wish to keep the technology it has developed completely secret to gain an edge over its competition. Because on the other hand, if the startup applies for a new patent for the technology it has created, it makes knowledge of the technology public leaving open the door to competitors to perhaps patent a somewhat similar technology. A competitor may use a patented technology that was developed by a startup to its advantage by developing its own technology using the start-up’s patent. Additionally, competitors may also block further development of a technology developed by a start-up by patenting their own technology.
These are a few reasons that a startup that has created a new technology may not wish to seek a patent at all but rather keep the technology it has developed a secret.
Learn About the Patent Laws in Different Countries
Many of the largest companies and entrepreneurs have struggled with respect to protecting their patents from infringement in certain countries across the globe. This is particularly true when it comes to protecting a patent in China where the price of entry often means sharing technology which is then copied and exploited by local Chinese manufacturers to the disadvantage of the company or startup that originally patented the technology. Every entrepreneur must understand the nuances of patent laws as they apply to different countries and markets across the globe. A startup that is proud of a technology and wishes to exhibit it or to publicly disclose information about the technology must also be considerate of the country or region where it seeks a file for a patent. For instance, leaving aside the Wild West that is China where patents are frequently disregarded, if a startup publicly discloses technology it may also be disqualified from owning a patent in a large and well-developed market like the European Union.
Read More >> https://www.entrepreneur.com/article/318774
Now is the Time to Consider an EPO Patent Application for Coverage in European Union Countries
By: Michael J Foycik Jr.
August 6, 2014
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.
Thinking of foreign patents? Then its time to consider an EU (European) patent application!
Why now? Because the EU law is transitioning toward a single filing to cover all of the subscribing EU member countries.
Applications filed now are said to be covered by the new law when it changes, likely in 2015 or 2016. Such an application is examined, and if granted provides patent protection in all subscribing EU countries. The filing can be in any EU language, which includes English, removing the need for expensive translations.
Most companies need protection in the US, but dread the costs of filing in multiple European countries. Sure, you've heard of companies spending hundreds of thousands of dollars. But, consider that an EU application can be filed for less than USD 7500 in many cases, including attorneys fees and government filing fees. Design patent applications are even less.
What about EU trademark applications? Those are affordable too! Filing can be at a total cost of less than USD 6500, including legal fees and government fees. No actual use is needed for filing. Ideally, your company name should be protected as soon as possible, before competitors can try to get rights in the EU on your trademark.
Read More >> http://internationalpatentservice.com/Now-is-the-Time-to-Consider-an-EPO-Patent-Application-for-Coverage-in-European-Union-Countries.html
August 6, 2014
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.
Thinking of foreign patents? Then its time to consider an EU (European) patent application!
Why now? Because the EU law is transitioning toward a single filing to cover all of the subscribing EU member countries.
Applications filed now are said to be covered by the new law when it changes, likely in 2015 or 2016. Such an application is examined, and if granted provides patent protection in all subscribing EU countries. The filing can be in any EU language, which includes English, removing the need for expensive translations.
Most companies need protection in the US, but dread the costs of filing in multiple European countries. Sure, you've heard of companies spending hundreds of thousands of dollars. But, consider that an EU application can be filed for less than USD 7500 in many cases, including attorneys fees and government filing fees. Design patent applications are even less.
What about EU trademark applications? Those are affordable too! Filing can be at a total cost of less than USD 6500, including legal fees and government fees. No actual use is needed for filing. Ideally, your company name should be protected as soon as possible, before competitors can try to get rights in the EU on your trademark.
Read More >> http://internationalpatentservice.com/Now-is-the-Time-to-Consider-an-EPO-Patent-Application-for-Coverage-in-European-Union-Countries.html
Make Money On Your Intellectual Property
By: heebeha
Have you ever wondered why store-brand cola doesn’t taste the same as Coca-Cola (CCE)? Why competitors’ laptops often don’t look as sleek as Apple’s (AAPL)? Why the prescription drug you have to take every day costs so much?
It’s because of intellectual property (IP) and the laws that protect intellectual property rights. In this article, you’ll learn about the four different categories of intellectual property, and how they protect inventors and creators. We’ll also touch on some controversies surrounding IP.
What Is Intellectual Property?
Intellectual property, broadly speaking, is not just an idea, but an idea that has been turned into something tangible like a book, a product design, a company logo or a prescription drug. It takes someone a lot of effort and experience to come up with a novel, valuable idea, and intellectual property laws protect those ideas. These protections prevent people other than the creator from taking credit for – or profiting from – an invention without the creator’s permission.
Patents, trademarks, trade secrets and copyrights are the ways an inventor can legally protect his or her intellectual property rights. The owner of intellectual property rights can sue anyone who violates those rights. Not all inventions can be protected under intellectual property laws, however, and intellectual property rights expire after a certain period of time.
Types of Intellectual Property
There are four main categories of intellectual property: patents, trademarks, trade secrets and copyrights.
Patents are government licenses that give the holder exclusive rights to a process, design or new invention. Those exclusive rights last 14 to 20 years in the United States, depending on the type of patent. The United States Patent and Trademark Office handles patent applications and documentation in the United States. The designs for Apple’s various iPods are patented, for example. (For more information, see Patents Are Assets, So Learn How To Value Them.)
Trademarks are symbols, words, phrases, logos or combinations thereof that legally distinguish one company’s product from any others. Examples of popular trademarks include the names Google (GOOG), Walmart (WMT) and Microsoft (MSFT), and images such as the Nike (NKE) swoosh. Trademarks can be protected as long as they are in use.
Trade secrets are a company’s internal processes or practices that give it a competitive advantage and aren’t publicly known. To secure legal protection for their trade secrets, companies must make reasonable efforts to protect them, and the information must have economic value. The recipe for Mrs. Fields’ chocolate chip cookies is an example of a trade secret. With trade secrets, protection lasts for as long as the company manages to keep the information under wraps.
Copyrights protect original works of authorship such as literature, films, music, drawings, software and more for 50 to 100 years after the creator’s death for individual creators, or a shorter period for corporate creators. Copyrights are generated automatically when someone creates something, but the creator can register a work with the copyright office for increased protection. For example, your dad owns the copyright to the home video he recorded of you opening Christmas presents in 1988 simply because he made the video. If he were concerned about your aunt trying to take credit for it, and make big bucks from selling it, he could register the video’s copyright. (See Things You Didn’t Know You Could Copyright.)
More than one type of intellectual property right may apply to the same product. A cookie recipe may be protected by a trade secret, while the cookie company’s logo may be protected by trademark and its resealable packaging may be protected by patent.
Read More >> https://sharpcredit.com/2018/10/05/make-money-on-your-intellectual-property/
Have you ever wondered why store-brand cola doesn’t taste the same as Coca-Cola (CCE)? Why competitors’ laptops often don’t look as sleek as Apple’s (AAPL)? Why the prescription drug you have to take every day costs so much?
It’s because of intellectual property (IP) and the laws that protect intellectual property rights. In this article, you’ll learn about the four different categories of intellectual property, and how they protect inventors and creators. We’ll also touch on some controversies surrounding IP.
What Is Intellectual Property?
Intellectual property, broadly speaking, is not just an idea, but an idea that has been turned into something tangible like a book, a product design, a company logo or a prescription drug. It takes someone a lot of effort and experience to come up with a novel, valuable idea, and intellectual property laws protect those ideas. These protections prevent people other than the creator from taking credit for – or profiting from – an invention without the creator’s permission.
Patents, trademarks, trade secrets and copyrights are the ways an inventor can legally protect his or her intellectual property rights. The owner of intellectual property rights can sue anyone who violates those rights. Not all inventions can be protected under intellectual property laws, however, and intellectual property rights expire after a certain period of time.
Types of Intellectual Property
There are four main categories of intellectual property: patents, trademarks, trade secrets and copyrights.
Patents are government licenses that give the holder exclusive rights to a process, design or new invention. Those exclusive rights last 14 to 20 years in the United States, depending on the type of patent. The United States Patent and Trademark Office handles patent applications and documentation in the United States. The designs for Apple’s various iPods are patented, for example. (For more information, see Patents Are Assets, So Learn How To Value Them.)
Trademarks are symbols, words, phrases, logos or combinations thereof that legally distinguish one company’s product from any others. Examples of popular trademarks include the names Google (GOOG), Walmart (WMT) and Microsoft (MSFT), and images such as the Nike (NKE) swoosh. Trademarks can be protected as long as they are in use.
Trade secrets are a company’s internal processes or practices that give it a competitive advantage and aren’t publicly known. To secure legal protection for their trade secrets, companies must make reasonable efforts to protect them, and the information must have economic value. The recipe for Mrs. Fields’ chocolate chip cookies is an example of a trade secret. With trade secrets, protection lasts for as long as the company manages to keep the information under wraps.
Copyrights protect original works of authorship such as literature, films, music, drawings, software and more for 50 to 100 years after the creator’s death for individual creators, or a shorter period for corporate creators. Copyrights are generated automatically when someone creates something, but the creator can register a work with the copyright office for increased protection. For example, your dad owns the copyright to the home video he recorded of you opening Christmas presents in 1988 simply because he made the video. If he were concerned about your aunt trying to take credit for it, and make big bucks from selling it, he could register the video’s copyright. (See Things You Didn’t Know You Could Copyright.)
More than one type of intellectual property right may apply to the same product. A cookie recipe may be protected by a trade secret, while the cookie company’s logo may be protected by trademark and its resealable packaging may be protected by patent.
Read More >> https://sharpcredit.com/2018/10/05/make-money-on-your-intellectual-property/
Some Kickstarter Success Tips
By: Michael J Foycik Jr.
August 6, 2014
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 a Kickstarter 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-Kickstarter-Success-Tips.html
August 6, 2014
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 a Kickstarter 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-Kickstarter-Success-Tips.html
Make Money On Your Intellectual Property
By: Amy Fontinelle
Have you ever wondered why store-brand cola doesn’t taste the same as Coca-Cola (CCE)? Why competitors’ laptops often don’t look as sleek as Apple’s (AAPL)? Why the prescription drug you have to take every day costs so much?
It’s because of intellectual property (IP) and the laws that protect intellectual property rights. In this article, you’ll learn about the four different categories of intellectual property, and how they protect inventors and creators. We’ll also touch on some controversies surrounding IP.
What Is Intellectual Property?
Intellectual property, broadly speaking, is not just an idea, but an idea that has been turned into something tangible like a book, a product design, a company logo or a prescription drug. It takes someone a lot of effort and experience to come up with a novel, valuable idea, and intellectual property laws protect those ideas. These protections prevent people other than the creator from taking credit for – or profiting from – an invention without the creator’s permission.
Patents, trademarks, trade secrets and copyrights are the ways an inventor can legally protect his or her intellectual property rights. The owner of intellectual property rights can sue anyone who violates those rights. Not all inventions can be protected under intellectual property laws, however, and intellectual property rights expire after a certain period of time.
Types of Intellectual Property
There are four main categories of intellectual property: patents, trademarks, trade secrets and copyrights.
Patents are government licenses that give the holder exclusive rights to a process, design or new invention. Those exclusive rights last 14 to 20 years in the United States, depending on the type of patent. The United States Patent and Trademark Office handles patent applications and documentation in the United States. The designs for Apple’s various iPods are patented, for example. (For more information, see Patents Are Assets, So Learn How To Value Them.)
Trademarks are symbols, words, phrases, logos or combinations thereof that legally distinguish one company's product from any others. Examples of popular trademarks include the names Google (GOOG), Walmart (WMT) and Microsoft (MSFT), and images such as the Nike (NKE) swoosh. Trademarks can be protected as long as they are in use.
Trade secrets are a company’s internal processes or practices that give it a competitive advantage and aren’t publicly known. To secure legal protection for their trade secrets, companies must make reasonable efforts to protect them, and the information must have economic value. The recipe for Mrs. Fields’ chocolate chip cookies is an example of a trade secret. With trade secrets, protection lasts for as long as the company manages to keep the information under wraps.
Copyrights protect original works of authorship such as literature, films, music, drawings, software and more for 50 to 100 years after the creator’s death for individual creators, or a shorter period for corporate creators. Copyrights are generated automatically when someone creates something, but the creator can register a work with the copyright office for increased protection. For example, your dad owns the copyright to the home video he recorded of you opening Christmas presents in 1988 simply because he made the video. If he were concerned about your aunt trying to take credit for it, and make big bucks from selling it, he could register the video’s copyright. (See Things You Didn't Know You Could Copyright.)
More than one type of intellectual property right may apply to the same product. A cookie recipe may be protected by a trade secret, while the cookie company’s logo may be protected by trademark and its resealable packaging may be protected by patent.
How to Protect Intellectual Property
If you want to protect your intellectual property, here’s how to do it. To secure a patent or register a trademark in the United States, the inventor should file a patent application with the United States Patent and Trademark Office. The basic conditions for patentability are that the invention must be novel and nonobvious. To register a copyright, the owner should go through the Copyright Office of the Library of Congress. It’s up to you to protect any trade secrets.
Certain types of inventions can never be patented, including mathematical formulas, scientific principles and natural substances. You can’t copyright a work that hasn’t been written or recorded or that is commonly known information with no known original authorship (such as a standard calendar or tape measure). And you can’t trademark a generic term, as Google learned when it tried to trademark the word “glass” to protect its high-tech glasses. Google can, however, trademark the term “Google Glass” and the product’s unique logo.
Why Intellectual Property Is Important to Companies
Intellectual property protects the market value of data that can give a business a competitive advantage. “Today’s economy is driven by innovation and information,” says intellectual property lawyer Joey Morris, a partner with the Smith Anderson law firm in North Carolina. “Intellectual property protects and encourages innovation by ensuring that a business has the opportunity to enjoy the competitive edge resulting from its investment in research and development.”
"A key initial step for a business in protecting its intellectual property rights is to make sure that it owns its employees’ inventions and other valuable intellectual property," Morris says. “One way to do that is to make sure that all employees who may develop intellectual property of any kind enter into a written agreement assigning to the business all intellectual property that they create that relates to their employment.”
In addition, companies that hire independent contractors need to make sure the independent contractor performs the work under a work-for-hire agreement if the company wants to own the copyright to the independent contractor’s creations. For example, a website that hires freelance writers would need to own the intellectual property rights to the articles it purchased if it wanted to prevent its freelancers from reselling the articles it had paid them for to competing websites.
“The last thing a business should have to face is competing against the unauthorized use of its own valuable intellectual property by others,” Morris says. “Deploying the full array of legal protections available can help a business capture the full economic benefits of its intellectual property assets by preventing others from using them unfairly and without permission.”
Read More >> https://www.investopedia.com/articles/investing/102714/understanding-intellectual-property.asp
Have you ever wondered why store-brand cola doesn’t taste the same as Coca-Cola (CCE)? Why competitors’ laptops often don’t look as sleek as Apple’s (AAPL)? Why the prescription drug you have to take every day costs so much?
It’s because of intellectual property (IP) and the laws that protect intellectual property rights. In this article, you’ll learn about the four different categories of intellectual property, and how they protect inventors and creators. We’ll also touch on some controversies surrounding IP.
What Is Intellectual Property?
Intellectual property, broadly speaking, is not just an idea, but an idea that has been turned into something tangible like a book, a product design, a company logo or a prescription drug. It takes someone a lot of effort and experience to come up with a novel, valuable idea, and intellectual property laws protect those ideas. These protections prevent people other than the creator from taking credit for – or profiting from – an invention without the creator’s permission.
Patents, trademarks, trade secrets and copyrights are the ways an inventor can legally protect his or her intellectual property rights. The owner of intellectual property rights can sue anyone who violates those rights. Not all inventions can be protected under intellectual property laws, however, and intellectual property rights expire after a certain period of time.
Types of Intellectual Property
There are four main categories of intellectual property: patents, trademarks, trade secrets and copyrights.
Patents are government licenses that give the holder exclusive rights to a process, design or new invention. Those exclusive rights last 14 to 20 years in the United States, depending on the type of patent. The United States Patent and Trademark Office handles patent applications and documentation in the United States. The designs for Apple’s various iPods are patented, for example. (For more information, see Patents Are Assets, So Learn How To Value Them.)
Trademarks are symbols, words, phrases, logos or combinations thereof that legally distinguish one company's product from any others. Examples of popular trademarks include the names Google (GOOG), Walmart (WMT) and Microsoft (MSFT), and images such as the Nike (NKE) swoosh. Trademarks can be protected as long as they are in use.
Trade secrets are a company’s internal processes or practices that give it a competitive advantage and aren’t publicly known. To secure legal protection for their trade secrets, companies must make reasonable efforts to protect them, and the information must have economic value. The recipe for Mrs. Fields’ chocolate chip cookies is an example of a trade secret. With trade secrets, protection lasts for as long as the company manages to keep the information under wraps.
Copyrights protect original works of authorship such as literature, films, music, drawings, software and more for 50 to 100 years after the creator’s death for individual creators, or a shorter period for corporate creators. Copyrights are generated automatically when someone creates something, but the creator can register a work with the copyright office for increased protection. For example, your dad owns the copyright to the home video he recorded of you opening Christmas presents in 1988 simply because he made the video. If he were concerned about your aunt trying to take credit for it, and make big bucks from selling it, he could register the video’s copyright. (See Things You Didn't Know You Could Copyright.)
More than one type of intellectual property right may apply to the same product. A cookie recipe may be protected by a trade secret, while the cookie company’s logo may be protected by trademark and its resealable packaging may be protected by patent.
How to Protect Intellectual Property
If you want to protect your intellectual property, here’s how to do it. To secure a patent or register a trademark in the United States, the inventor should file a patent application with the United States Patent and Trademark Office. The basic conditions for patentability are that the invention must be novel and nonobvious. To register a copyright, the owner should go through the Copyright Office of the Library of Congress. It’s up to you to protect any trade secrets.
Certain types of inventions can never be patented, including mathematical formulas, scientific principles and natural substances. You can’t copyright a work that hasn’t been written or recorded or that is commonly known information with no known original authorship (such as a standard calendar or tape measure). And you can’t trademark a generic term, as Google learned when it tried to trademark the word “glass” to protect its high-tech glasses. Google can, however, trademark the term “Google Glass” and the product’s unique logo.
Why Intellectual Property Is Important to Companies
Intellectual property protects the market value of data that can give a business a competitive advantage. “Today’s economy is driven by innovation and information,” says intellectual property lawyer Joey Morris, a partner with the Smith Anderson law firm in North Carolina. “Intellectual property protects and encourages innovation by ensuring that a business has the opportunity to enjoy the competitive edge resulting from its investment in research and development.”
"A key initial step for a business in protecting its intellectual property rights is to make sure that it owns its employees’ inventions and other valuable intellectual property," Morris says. “One way to do that is to make sure that all employees who may develop intellectual property of any kind enter into a written agreement assigning to the business all intellectual property that they create that relates to their employment.”
In addition, companies that hire independent contractors need to make sure the independent contractor performs the work under a work-for-hire agreement if the company wants to own the copyright to the independent contractor’s creations. For example, a website that hires freelance writers would need to own the intellectual property rights to the articles it purchased if it wanted to prevent its freelancers from reselling the articles it had paid them for to competing websites.
“The last thing a business should have to face is competing against the unauthorized use of its own valuable intellectual property by others,” Morris says. “Deploying the full array of legal protections available can help a business capture the full economic benefits of its intellectual property assets by preventing others from using them unfairly and without permission.”
Read More >> https://www.investopedia.com/articles/investing/102714/understanding-intellectual-property.asp
Quit Worrying About Competitors, And Start Making Money
By: Michael J Foycik Jr.
February 20, 2014
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.
Stop worrying! Many inventors and businesses become paralyzed by worry when trying to advance a new idea.
What if competitors import cheap knock-offs? What if they steal your idea? What if it isn't protectable as a patent?
Here are some factors to put your mind at ease.
First, competitors won't spend money to copy a product unless they are sure it will make money. For anything that is new, how can they know? Probably only by seeing if you make money. That gives you a big head start. If your product is good, you can saturate the market before the first knock-off arrives. Also, this gives you time to establish your trademark or trade name, so that people asking for it by name will always get your product.
Second, until your idea is made public, it can be protected as a trade secret, assuming you have marked everything confidential and avoided any non-confidential disclosures. Again, this provides a real head start, with the benefits noted above.
Third, suppose your idea is so good that competitors want to immediately steal/misappropriate your idea. That can be a very good problem to have! Why? Because it means that your rights could have great value to a legitimate company, one that has power to enforce those rights for you against infringers. You see it in the news all the time: big companies investing in small companies, buying a percentage of the ownership. Big companies know how to protect their investments, and their rights.
Read More >> http://internationalpatentservice.com/Quit-Worrying-About-Competitors-And-Start-Making-Money.html
February 20, 2014
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.
Stop worrying! Many inventors and businesses become paralyzed by worry when trying to advance a new idea.
What if competitors import cheap knock-offs? What if they steal your idea? What if it isn't protectable as a patent?
Here are some factors to put your mind at ease.
First, competitors won't spend money to copy a product unless they are sure it will make money. For anything that is new, how can they know? Probably only by seeing if you make money. That gives you a big head start. If your product is good, you can saturate the market before the first knock-off arrives. Also, this gives you time to establish your trademark or trade name, so that people asking for it by name will always get your product.
Second, until your idea is made public, it can be protected as a trade secret, assuming you have marked everything confidential and avoided any non-confidential disclosures. Again, this provides a real head start, with the benefits noted above.
Third, suppose your idea is so good that competitors want to immediately steal/misappropriate your idea. That can be a very good problem to have! Why? Because it means that your rights could have great value to a legitimate company, one that has power to enforce those rights for you against infringers. You see it in the news all the time: big companies investing in small companies, buying a percentage of the ownership. Big companies know how to protect their investments, and their rights.
Read More >> http://internationalpatentservice.com/Quit-Worrying-About-Competitors-And-Start-Making-Money.html
Patent: NOTAP, stakeholders agree to increase awareness in Nigeria
By: BluePrint Newspapers
In order to put the country’s name amongst the comity of technologically developed nations, the National Office for Technology Acquisition and Promotion (NOTAP) and the Patents, Trademarks and Designs Registry, are strengthening their relationships to ensure more patents are generated in Nigeria, BINTA SHAMA reports.
Importance of intellectual property Technology and knowledge have played important roles in the economic growth of major world economies, for instance, the UK, USA and emerging economies like the BRIC countries i.e.
Brazil, Russia, India and China, have a lot of evidential research report in this sector.
Intellectual property through globalization and technological innovation has come to reveal an enticing charm in corporate strategy affecting company ratings.
Therefore, it is safe to say a country with higher rate of technological growth would experience a higher standard of living than those of countries without much growth. There has been a tremendous growth in company investment in intangible assets.
According to the company asset valuation recorded by Fortune 500, Intellectual Property Assets (intangible assets) was translated to make up approximately 80 per cent of companies value.
One of the consequences of global trade that started at the beginning of the 1990s in the developed countries was the creation of a deliberate connection between trade law and IP policies to use trade measures to curb piracy of intellectual property rights which led to the TRIPS Agreement.
This agreement establishes global standards for IP protection that would be binding on both developed and developing countries which includes enforcement and border measures.
It has been stipulated that Intellectual property significantly influences the appreciation in value and the accumulation in quantity of human capital and technological change.
For example the growth in patent filing is associated with the growth of knowledge and patent-related statistics can act as an indicator of the strength or weakness of a country’s economy.
The influence of IP has also reflected in the increasing contribution of high technology and knowledge-intensive industries.
For instance more firms are inclined to patent their inventions and this has increased worldwide which includes some developing countries.
PCT in developing countries have started to accumulate knowledge and increase in economic power.
Economic benefits Trademarks are important component of the IP system which has strong influence on private investment and marketing decisions as they are intangible capital.
Protecting In order to put the country’s name amongst the comity of technologically developed nations, the National Office for Technology Acquisition and Promotion (NOTAP) and the Patents, Trademarks and Designs Registry, are strengthening their relationships to ensure more patents are generated in Nigeria, BINTA SHAMA reports.
NOTAP Director General, Dr. DanAzumi Mohammed Ibrahim (middle), in a handshake with the Registrar, Patents, Trademarks and Designs Registry, Barrister Stella Ezenduka (2nd right), during a visit to NOTAP DG, in Abuja recently, while management the team watch Photo: Binta Shama the intellectual property plays a catalytic role in inspiring research and development in a country.
Read More >> https://www.blueprint.ng/patent-notap-stakeholders-agree-to-increase-awareness-in-nigeria/
In order to put the country’s name amongst the comity of technologically developed nations, the National Office for Technology Acquisition and Promotion (NOTAP) and the Patents, Trademarks and Designs Registry, are strengthening their relationships to ensure more patents are generated in Nigeria, BINTA SHAMA reports.
Importance of intellectual property Technology and knowledge have played important roles in the economic growth of major world economies, for instance, the UK, USA and emerging economies like the BRIC countries i.e.
Brazil, Russia, India and China, have a lot of evidential research report in this sector.
Intellectual property through globalization and technological innovation has come to reveal an enticing charm in corporate strategy affecting company ratings.
Therefore, it is safe to say a country with higher rate of technological growth would experience a higher standard of living than those of countries without much growth. There has been a tremendous growth in company investment in intangible assets.
According to the company asset valuation recorded by Fortune 500, Intellectual Property Assets (intangible assets) was translated to make up approximately 80 per cent of companies value.
One of the consequences of global trade that started at the beginning of the 1990s in the developed countries was the creation of a deliberate connection between trade law and IP policies to use trade measures to curb piracy of intellectual property rights which led to the TRIPS Agreement.
This agreement establishes global standards for IP protection that would be binding on both developed and developing countries which includes enforcement and border measures.
It has been stipulated that Intellectual property significantly influences the appreciation in value and the accumulation in quantity of human capital and technological change.
For example the growth in patent filing is associated with the growth of knowledge and patent-related statistics can act as an indicator of the strength or weakness of a country’s economy.
The influence of IP has also reflected in the increasing contribution of high technology and knowledge-intensive industries.
For instance more firms are inclined to patent their inventions and this has increased worldwide which includes some developing countries.
PCT in developing countries have started to accumulate knowledge and increase in economic power.
Economic benefits Trademarks are important component of the IP system which has strong influence on private investment and marketing decisions as they are intangible capital.
Protecting In order to put the country’s name amongst the comity of technologically developed nations, the National Office for Technology Acquisition and Promotion (NOTAP) and the Patents, Trademarks and Designs Registry, are strengthening their relationships to ensure more patents are generated in Nigeria, BINTA SHAMA reports.
NOTAP Director General, Dr. DanAzumi Mohammed Ibrahim (middle), in a handshake with the Registrar, Patents, Trademarks and Designs Registry, Barrister Stella Ezenduka (2nd right), during a visit to NOTAP DG, in Abuja recently, while management the team watch Photo: Binta Shama the intellectual property plays a catalytic role in inspiring research and development in a country.
Read More >> https://www.blueprint.ng/patent-notap-stakeholders-agree-to-increase-awareness-in-nigeria/
Surprisingly Good Ways Of Stopping Foreign Imports Using Your US Patent
By: Michael J Foycik Jr.
January 9, 2014
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.
The number one concern of many companies with new products is how to stop foreign copies from entering the US. The good news, this is easy for US Patent owners, and there are two ways this can operate.
The most surprising way is using the US Customs Service to block suspected infringers. To do this, you will need an order from the Customs Service. Once you have that, Customs does the real work. The catch here is, the US company will have to prove it makes the goods itself in the US. So, two foreign companies cannot easily avail themselves of this privilege.
Customs can confiscate infringing goods, and may even turn over those goods to the US patent owner. If specific infringers can be pointed out to Customs, which is often the case, those infringers can be targeted by Customs.
The second way is more obvious: using the US Patent rights. There is an easy way to do this, and a harder way. The easier way is sending a copy of the US Patent to retailers and other companies selling the infringing product; most will quickly deal with the situation, usually by simply removing the infringing products. After all, retailers do not want trouble, and can avoid it by fleeing from patent disputes. The author has seen this several times, and it is surprisingly effective.
The aforementioned harder way is the filing of a patent infringement suit. This can be cost effective, assuming the infringer offers a quick settlement. An infringer might do this to avoid the legal expense and legal risk of defending. However, if the health of an infringing company depends on that infringing product, a quick settlement may still occur but there is also a chance of a big legal fight.
Read More >> http://internationalpatentservice.com/Surprisingly-Good-Ways-Of-Stopping-Foreign-Imports-Using-Your-US-Patent.html
January 9, 2014
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.
The number one concern of many companies with new products is how to stop foreign copies from entering the US. The good news, this is easy for US Patent owners, and there are two ways this can operate.
The most surprising way is using the US Customs Service to block suspected infringers. To do this, you will need an order from the Customs Service. Once you have that, Customs does the real work. The catch here is, the US company will have to prove it makes the goods itself in the US. So, two foreign companies cannot easily avail themselves of this privilege.
Customs can confiscate infringing goods, and may even turn over those goods to the US patent owner. If specific infringers can be pointed out to Customs, which is often the case, those infringers can be targeted by Customs.
The second way is more obvious: using the US Patent rights. There is an easy way to do this, and a harder way. The easier way is sending a copy of the US Patent to retailers and other companies selling the infringing product; most will quickly deal with the situation, usually by simply removing the infringing products. After all, retailers do not want trouble, and can avoid it by fleeing from patent disputes. The author has seen this several times, and it is surprisingly effective.
The aforementioned harder way is the filing of a patent infringement suit. This can be cost effective, assuming the infringer offers a quick settlement. An infringer might do this to avoid the legal expense and legal risk of defending. However, if the health of an infringing company depends on that infringing product, a quick settlement may still occur but there is also a chance of a big legal fight.
Read More >> http://internationalpatentservice.com/Surprisingly-Good-Ways-Of-Stopping-Foreign-Imports-Using-Your-US-Patent.html
The Origins of Startup Culture: How the Early Success Stories Shaped the Modern State of the Tech Industry
By: Dmitry Kabanov
In the late 1930s, two Stanford students, William Hewlett and David Packard, were inspired by their professor’s plea to turn the Bay Area into the national capital of high tech. Operating out of the cheapest property they could find — a garage in suburban Palo Alto, they started a company and built their first commercial product, the HP200A oscillator. Now a private museum and a California Historic Landmark, this place is a living monument, commemorating the birth of the Silicon Valley startup culture.
This event preceded the similar and widely publicized success stories of Microsoft and Apple by more than 30 years. But it nonetheless perfectly defines the startup culture as we know it today. How come?
Born of the American Dream
American history is often presented as an exodus myth, a story of taking risks to start anew in the Promised Land. That was the hope of the pilgrims crossing the Atlantic to escape religious persecution, and, later, the settlers of the West risking sure death on the Oregon Trail. These pioneers gave us the American Dream — the belief that in America anyone worth anything can dream big and bear the fruits of their labour.
In the early 20th century this mindset was alive and well. Immigrants were pouring into the country, looking to make the best of their life. The standard of living was rising, despite the economic setbacks suffered on the way. Such prosperity gave Americans one of the symbols of the middle class, a badge of honour for the hard-working masses — the suburban house. The construction projects of the 1930s weren’t as big as their postwar counterparts, but the image of modern Suburbia was there — if you worked hard, you could afford to have your own house with your own lawn. One of the things that made such low density housing possible was the car. So next to these reasonably priced houses there stood a separate building, the garage.
The garage is one of the greatest symbols of the American dream. It’s the physical manifestation of excess. It’s a sign of having more money than you need, meaning that you can afford a car. It’s a symbol of having time on your hands, enough to spend it on things other than work. So it didn’t take long before garages, first only used for car maintenance, became full-fledged hobby spaces.
To this day people use them to creatively spend their free time — make art, play music, assemble DIY projects and start businesses. It’s only natural that, like a true grassroots movement, the tech startup culture was born in a garage.
Created by Nerds and Tinkerers
In the first half of the century, electricity was still primarily seen as a natural force. The boundaries of innovation were pushed by the radio, another natural phenomenon we learned to make use of. By extension, most inventions of the period — improvements in long-haul (planes, ocean liners) and short-haul (cars) travel, the birth of photo and video, the electrification of cities — were seen as triumphs of man over nature.
Back then, the tech culture was built around experimenting with nature, which gave it a sense of underlying playfulness. And that playfulness encouraged amateur participation.
Starting in the 19th century, science magazines featured instructions for DIY tech projects. The first magazine completely dedicated to electronics and radio — the Modern Electrics — was a resounding success and had a circulation of 52,000 in 1911. A tech publishing boom followed soon after.
Read More >> http://blog.startupdigest.com/2018/09/25/the-origins-of-startup-culture-how-the-early-success-stories-shaped-the-modern-state-of-the-tech-industry/
In the late 1930s, two Stanford students, William Hewlett and David Packard, were inspired by their professor’s plea to turn the Bay Area into the national capital of high tech. Operating out of the cheapest property they could find — a garage in suburban Palo Alto, they started a company and built their first commercial product, the HP200A oscillator. Now a private museum and a California Historic Landmark, this place is a living monument, commemorating the birth of the Silicon Valley startup culture.
This event preceded the similar and widely publicized success stories of Microsoft and Apple by more than 30 years. But it nonetheless perfectly defines the startup culture as we know it today. How come?
Born of the American Dream
American history is often presented as an exodus myth, a story of taking risks to start anew in the Promised Land. That was the hope of the pilgrims crossing the Atlantic to escape religious persecution, and, later, the settlers of the West risking sure death on the Oregon Trail. These pioneers gave us the American Dream — the belief that in America anyone worth anything can dream big and bear the fruits of their labour.
In the early 20th century this mindset was alive and well. Immigrants were pouring into the country, looking to make the best of their life. The standard of living was rising, despite the economic setbacks suffered on the way. Such prosperity gave Americans one of the symbols of the middle class, a badge of honour for the hard-working masses — the suburban house. The construction projects of the 1930s weren’t as big as their postwar counterparts, but the image of modern Suburbia was there — if you worked hard, you could afford to have your own house with your own lawn. One of the things that made such low density housing possible was the car. So next to these reasonably priced houses there stood a separate building, the garage.
The garage is one of the greatest symbols of the American dream. It’s the physical manifestation of excess. It’s a sign of having more money than you need, meaning that you can afford a car. It’s a symbol of having time on your hands, enough to spend it on things other than work. So it didn’t take long before garages, first only used for car maintenance, became full-fledged hobby spaces.
To this day people use them to creatively spend their free time — make art, play music, assemble DIY projects and start businesses. It’s only natural that, like a true grassroots movement, the tech startup culture was born in a garage.
Created by Nerds and Tinkerers
In the first half of the century, electricity was still primarily seen as a natural force. The boundaries of innovation were pushed by the radio, another natural phenomenon we learned to make use of. By extension, most inventions of the period — improvements in long-haul (planes, ocean liners) and short-haul (cars) travel, the birth of photo and video, the electrification of cities — were seen as triumphs of man over nature.
Back then, the tech culture was built around experimenting with nature, which gave it a sense of underlying playfulness. And that playfulness encouraged amateur participation.
Starting in the 19th century, science magazines featured instructions for DIY tech projects. The first magazine completely dedicated to electronics and radio — the Modern Electrics — was a resounding success and had a circulation of 52,000 in 1911. A tech publishing boom followed soon after.
Read More >> http://blog.startupdigest.com/2018/09/25/the-origins-of-startup-culture-how-the-early-success-stories-shaped-the-modern-state-of-the-tech-industry/
Right Or Wrong Patent Attorney - Why Your Invention Matters
By: Michael J Foycik Jr.
January 3, 2014
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.
One of the biggest problems in the patent field is that the law of chemical patent claim practice is completely different from the law of mechanical/electrical patent claim practice. Claim drafting can be drastically different, in my experience.
Good chemical practice in a particular case might well mean reciting the functions of the chemical product in detail. Good electrical practice might mean reciting all of the structures involved, the way the structures are connected, and what each structure does.
Read More >> http://internationalpatentservice.com/Right-Or-Wrong-Patent-Attorney-Why-Your-Invention-Matters.html
January 3, 2014
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.
One of the biggest problems in the patent field is that the law of chemical patent claim practice is completely different from the law of mechanical/electrical patent claim practice. Claim drafting can be drastically different, in my experience.
Good chemical practice in a particular case might well mean reciting the functions of the chemical product in detail. Good electrical practice might mean reciting all of the structures involved, the way the structures are connected, and what each structure does.
Read More >> http://internationalpatentservice.com/Right-Or-Wrong-Patent-Attorney-Why-Your-Invention-Matters.html
Startups May Be the Biggest Losers in Qualcomm-Apple ITC Fight
By: Rachel Wolbers
With growing anxiety about trade, the International Trade Commission should be a force for stability and predictability in trade disputes, protecting American companies from unfair competition by foreign entities.
Unfortunately, the ITC is too often a place for American companies to harm fellow American competitors. Qualcomm’s patent dispute against Apple, and by extension, Intel, is an egregious example of this. Unfortunately, if the ITC sides with Qualcomm, the ruling would most severely affect American startups and consumers, proving again the proverb “when elephants fight, it is the grass that suffers most.”
The ITC was set up as a quasi-judicial federal commission to investigate unfair trade practices. Unlike federal District Courts, the ITC’s only available remedy to companies is a so-called exclusion order, which prevents the importation of goods that infringe valid U.S. patents. This is a mighty power, because no matter how trivial a patent might be to a product, the ITC can bar it from being sold in the United States.
The threat of an exclusion order is particularly concerning for startup component makers. If you run a small company that manufactures a unique type of glass used on iPhones, the dispute between Qualcomm and Apple has nothing to do with your product, but your business could be crippled if the ITC excludes some iPhones because of a separate patent issue. Since the typical smartphone uses technology based on more than 250,000 patents, there are a lot of potential small component makers that could be hurt by the exclusion of an iPhone.
Aside from the threat of an exclusion order, a decision in favor of Qualcomm could hurt startups and competition in the tech industry more generally. Apple and Qualcomm may be locked in heated legal battles in courtrooms worldwide, but the recent ITC case is particularly anticompetitive. Qualcomm isn’t looking for an exclusion order on all iPhones, only the iPhones that contain modems produced by Intel — its only competitor in the market. If Qualcomm is successful in blocking Intel modems, it will regain monopoly power in the modem market, driving up prices for consumers and creating increased barriers to entry that can stifle future innovation.
Startups affected by this decision will not just be those trying to make components for smartphones. These types of modems are used in a variety of devices that rely on cellular communications. As 5G is rolled out, Qualcomm modems will have a huge potential market in burgeoning industries like autonomous vehicles, smart cities and the Internet of Things. As startups innovate in these spaces, Qualcomm should not be allowed to use its market dominance to bully companies into unfair licensing agreements.
It is clear that if the ITC issues an exclusion order on iPhones containing Intel chips, it won’t be in the public interest. Stifling competition and disproportionately harming startups and consumers never is.
Source >> https://www.insidesources.com/startups-may-be-the-biggest-losers-in-qualcomm-apple-itc-fight/
With growing anxiety about trade, the International Trade Commission should be a force for stability and predictability in trade disputes, protecting American companies from unfair competition by foreign entities.
Unfortunately, the ITC is too often a place for American companies to harm fellow American competitors. Qualcomm’s patent dispute against Apple, and by extension, Intel, is an egregious example of this. Unfortunately, if the ITC sides with Qualcomm, the ruling would most severely affect American startups and consumers, proving again the proverb “when elephants fight, it is the grass that suffers most.”
The ITC was set up as a quasi-judicial federal commission to investigate unfair trade practices. Unlike federal District Courts, the ITC’s only available remedy to companies is a so-called exclusion order, which prevents the importation of goods that infringe valid U.S. patents. This is a mighty power, because no matter how trivial a patent might be to a product, the ITC can bar it from being sold in the United States.
The threat of an exclusion order is particularly concerning for startup component makers. If you run a small company that manufactures a unique type of glass used on iPhones, the dispute between Qualcomm and Apple has nothing to do with your product, but your business could be crippled if the ITC excludes some iPhones because of a separate patent issue. Since the typical smartphone uses technology based on more than 250,000 patents, there are a lot of potential small component makers that could be hurt by the exclusion of an iPhone.
Aside from the threat of an exclusion order, a decision in favor of Qualcomm could hurt startups and competition in the tech industry more generally. Apple and Qualcomm may be locked in heated legal battles in courtrooms worldwide, but the recent ITC case is particularly anticompetitive. Qualcomm isn’t looking for an exclusion order on all iPhones, only the iPhones that contain modems produced by Intel — its only competitor in the market. If Qualcomm is successful in blocking Intel modems, it will regain monopoly power in the modem market, driving up prices for consumers and creating increased barriers to entry that can stifle future innovation.
Startups affected by this decision will not just be those trying to make components for smartphones. These types of modems are used in a variety of devices that rely on cellular communications. As 5G is rolled out, Qualcomm modems will have a huge potential market in burgeoning industries like autonomous vehicles, smart cities and the Internet of Things. As startups innovate in these spaces, Qualcomm should not be allowed to use its market dominance to bully companies into unfair licensing agreements.
It is clear that if the ITC issues an exclusion order on iPhones containing Intel chips, it won’t be in the public interest. Stifling competition and disproportionately harming startups and consumers never is.
Source >> https://www.insidesources.com/startups-may-be-the-biggest-losers-in-qualcomm-apple-itc-fight/
Tips for Highly Effective Invention Promoting and Marketing for Inventors
By: Michael J Foycik Jr.
December 20, 2013
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
December 20, 2013
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
TYPES OF INTELLECTUAL PROPERTY: THE GOOD, THE BETTER, AND THE BEST
By: BONNIE SMITH
Most entrepreneurs or small business owners are familiar with the general concept of intellectual property (IP) and understand that IP is an important business asset. When searching for a specific definition of IP, a lot of fancy terminology pops up, but what does it all mean? In order to obtain valuable IP for a business, it is important to recognize the types of IP and the differences between the types. Thus, that fancy IP terminology cannot be avoided and entrepreneurs should make it a priority to become comfortable with it. Consider the following.
The types or categories of IP may be broken down differently, but generally, the IP types to understand include patents, trademarks, copyrights, trade secrets, and trade dress. Understand that not all IP is created equal and each IP type pertains to a different creation or aspect of the creation. Whether a type of IP protection is good, better, or the best will be dependent on the creation itself and the nature of the business for which the IP is being protected.
Starting with patents, patents are commonly considered to be one of the strongest types of IP protection, assuming that the patent is well-written and the invention has commercial value. Patents pertain to ideas that are new, useful, and non-obvious, and give the patent owner the right to exclude others from making, using, selling, and importing the invention for about twenty years. This is a lot of terminology, but basically, the exclusivity of the rights is what makes a patent strong. The key to recognizing whether an idea is patentable subject matter is considering the functional and utility aspects of the idea. A new and improved method or process may also be patentable, but patents directed to the new and useful product itself are usually considered to be stronger. For example, it is much easier to prove that a competitor is making the patented product as compared with proving that the competitor is using the patented method.
So, if patents are so great, then why not go out and try to get as many patents as possible? Given the power of patents, it should be no surprise that the process to obtain a patent is typically more costly and lengthier than obtaining one of the other types of IP. Even a relatively simple invention may cost over $10,000 to obtain, and that is before maintenance fees. In thinking about whether to pursue patent protection, the technology should also be considered. If the technology has a relatively short lifespan, as is often the case with software and computer-related technologies, protecting the idea with another type of IP may be preferable. Alternatively, if the technology pertains to a method, a patent may also not be preferable since obtaining a patent requires publicly disclosing the invention in the patent document. Thus, when the patent expires after about twenty years, the public disclosure essentially provides a blueprint for competitors.
A subset of patents is design patents which protect a new and ornamental design of a product. Design patents may provide value for certain products. Think Apple versus Samsung, which was a costly lawsuit over the shape of the phone. Design patents may not be as strong as the above-described utility patents since design patents are typically easy to design around. Advantages of design patents are that that they are typically less costly, easier to obtain, and enable the patent holder to slap a “patented” sticker on the product that could deter competitors. A lot of products are suitable for both utility patent and design patent protection, but it is important to understand that the utility patent protects the function of the product, whereas the design patent protects the way the product looks.
Similar to patents, trademarks can also provide strong protection. Trademarks pertain to any word, name, symbol, design, or expression that identifies and distinguishes a product or service of a specific source from those of others. Trademarks do not expire as long as the trademark is being used in commerce. Unlike patents, a trademark does not have to be registered with the government, although a registered trademark offers stronger protection. In choosing a trademark, the strongest marks are those that are arbitrary or fanciful, rather than generic, descriptive, or suggestive. Again, this is a lot of terminology, but it basically means pick a mark that is weird or not naturally associated with the product or service. A tip for obtaining trademark protection is, before even starting to use a mark, make sure that the mark is not owned by somebody else. Check the US Patent and Trademark Office trademark database and the state’s secretary of state business name search before choosing and developing a business or product name.
Like patents and trademarks, copyrights are another registrable IP type. Like trademarks, copyrights do not need to be registered with the government, but registered copyrights offer stronger protection. Filing a copyright is an inexpensive and straight-forward process so there is really no big downside to filing a copyright. A copyright is the exclusive right to reproduce, publish or display, or sell original works of authorship and derivative works, and copyrights generally last for the life of the author plus seventy years. Copyrights should not be confused with trademarks which are typically short phrases, or patents which cover the function of an article. But, note the potential use of a copyright instead of a patent. Given that software typically does not have a long life of commercial value, it may be more beneficial to copyright the code as opposed to trying to obtain a patent.
Trade secret is different from the other types of IP in that it is not registrable and the protection is in the secret itself. A trade secret pertains to information used by a business that is secret to the general public, such as source codes, ingredients, formulas, product designs, customer lists, and data. In contrast to a patent, the innovative business secret is not publicly disclosed, meaning that the duration of the trade secret protection lasts as long as the secret lasts. In a scenario in which an innovative business method would be difficult for competitors to reverse engineer, i.e. “figure out,” trade secret protection may be preferable to patent protection. Trade secret protection is particularly beneficial for going after employees who leak secret information or competitors who steal technology. The key to establishing a trade secret is having internal company policies such as using non-disclosure agreements, marking documents as confidential, controlling access to the business, and using passwords. The biggest downside to trade secret protection is that it does not protect against independent conception by competitors.
Read More >> https://launchhouse.com/types-of-intellectual-property-the-good-the-better-and-the-best/
Most entrepreneurs or small business owners are familiar with the general concept of intellectual property (IP) and understand that IP is an important business asset. When searching for a specific definition of IP, a lot of fancy terminology pops up, but what does it all mean? In order to obtain valuable IP for a business, it is important to recognize the types of IP and the differences between the types. Thus, that fancy IP terminology cannot be avoided and entrepreneurs should make it a priority to become comfortable with it. Consider the following.
The types or categories of IP may be broken down differently, but generally, the IP types to understand include patents, trademarks, copyrights, trade secrets, and trade dress. Understand that not all IP is created equal and each IP type pertains to a different creation or aspect of the creation. Whether a type of IP protection is good, better, or the best will be dependent on the creation itself and the nature of the business for which the IP is being protected.
Starting with patents, patents are commonly considered to be one of the strongest types of IP protection, assuming that the patent is well-written and the invention has commercial value. Patents pertain to ideas that are new, useful, and non-obvious, and give the patent owner the right to exclude others from making, using, selling, and importing the invention for about twenty years. This is a lot of terminology, but basically, the exclusivity of the rights is what makes a patent strong. The key to recognizing whether an idea is patentable subject matter is considering the functional and utility aspects of the idea. A new and improved method or process may also be patentable, but patents directed to the new and useful product itself are usually considered to be stronger. For example, it is much easier to prove that a competitor is making the patented product as compared with proving that the competitor is using the patented method.
So, if patents are so great, then why not go out and try to get as many patents as possible? Given the power of patents, it should be no surprise that the process to obtain a patent is typically more costly and lengthier than obtaining one of the other types of IP. Even a relatively simple invention may cost over $10,000 to obtain, and that is before maintenance fees. In thinking about whether to pursue patent protection, the technology should also be considered. If the technology has a relatively short lifespan, as is often the case with software and computer-related technologies, protecting the idea with another type of IP may be preferable. Alternatively, if the technology pertains to a method, a patent may also not be preferable since obtaining a patent requires publicly disclosing the invention in the patent document. Thus, when the patent expires after about twenty years, the public disclosure essentially provides a blueprint for competitors.
A subset of patents is design patents which protect a new and ornamental design of a product. Design patents may provide value for certain products. Think Apple versus Samsung, which was a costly lawsuit over the shape of the phone. Design patents may not be as strong as the above-described utility patents since design patents are typically easy to design around. Advantages of design patents are that that they are typically less costly, easier to obtain, and enable the patent holder to slap a “patented” sticker on the product that could deter competitors. A lot of products are suitable for both utility patent and design patent protection, but it is important to understand that the utility patent protects the function of the product, whereas the design patent protects the way the product looks.
Similar to patents, trademarks can also provide strong protection. Trademarks pertain to any word, name, symbol, design, or expression that identifies and distinguishes a product or service of a specific source from those of others. Trademarks do not expire as long as the trademark is being used in commerce. Unlike patents, a trademark does not have to be registered with the government, although a registered trademark offers stronger protection. In choosing a trademark, the strongest marks are those that are arbitrary or fanciful, rather than generic, descriptive, or suggestive. Again, this is a lot of terminology, but it basically means pick a mark that is weird or not naturally associated with the product or service. A tip for obtaining trademark protection is, before even starting to use a mark, make sure that the mark is not owned by somebody else. Check the US Patent and Trademark Office trademark database and the state’s secretary of state business name search before choosing and developing a business or product name.
Like patents and trademarks, copyrights are another registrable IP type. Like trademarks, copyrights do not need to be registered with the government, but registered copyrights offer stronger protection. Filing a copyright is an inexpensive and straight-forward process so there is really no big downside to filing a copyright. A copyright is the exclusive right to reproduce, publish or display, or sell original works of authorship and derivative works, and copyrights generally last for the life of the author plus seventy years. Copyrights should not be confused with trademarks which are typically short phrases, or patents which cover the function of an article. But, note the potential use of a copyright instead of a patent. Given that software typically does not have a long life of commercial value, it may be more beneficial to copyright the code as opposed to trying to obtain a patent.
Trade secret is different from the other types of IP in that it is not registrable and the protection is in the secret itself. A trade secret pertains to information used by a business that is secret to the general public, such as source codes, ingredients, formulas, product designs, customer lists, and data. In contrast to a patent, the innovative business secret is not publicly disclosed, meaning that the duration of the trade secret protection lasts as long as the secret lasts. In a scenario in which an innovative business method would be difficult for competitors to reverse engineer, i.e. “figure out,” trade secret protection may be preferable to patent protection. Trade secret protection is particularly beneficial for going after employees who leak secret information or competitors who steal technology. The key to establishing a trade secret is having internal company policies such as using non-disclosure agreements, marking documents as confidential, controlling access to the business, and using passwords. The biggest downside to trade secret protection is that it does not protect against independent conception by competitors.
Read More >> https://launchhouse.com/types-of-intellectual-property-the-good-the-better-and-the-best/
Responding to a Rejection in a Patent Application
By: Michael J Foycik Jr.
November 15, 2013
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
November 15, 2013
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
Patent Encumbrances Can Reduce Market Value up to 100 Percent
By: Steve Brachmann & Gene Quinn
Patents can help business startups in a number of important ways. Filing a patent application can aid a startup’s first mover advantage as a patent grant gives them the right to exclude others from a market sector, which could prove to be very valuable for a variety of reasons — not the least of which is to attract investors keen to invest in companies with some strategic advantage in the marketplace.
Patents can also help minimize the risk of facing an infringement suit because it gives a startup an asset to assert defensively if and when an aggressive competitor might come knocking. But even if a defensive position does not ultimately prevent litigation from initiating having patents can open the possibility for counterclaims and cross-licensing settlements, which sometimes are the primary strategic reason patent lawsuits are filed in the first place.
These are well known examples of the advantages of patents to start ups and the venture capital firms (VCs) that often fund them. However, patents also help startups and the VCs that fund them because the patents can be sold. If the startup changes course from its initial designs – a not uncommon occurrence – then the sale of irrelevant patents can help recoup earlier sunk costs and the revenue used to fund more promising lines of research, development and commerce. If a startup fails, which ends up happening to the overwhelming number of startups, the sale of the patents can give investors a chance to recoup some of their funds.
The sale of a patent becomes more complicated and less valuable if the patent rights have been compromised. Not surprisingly, an encumbrance upon a patent negatively impacts the market value of the patent because it reduces the ability of others to monetize that patent by removing at least some avenues of opportunity.
Encumbrances can take several of different forms. A patent licensing agreement is an encumbrance because it prevents a company buying a patent asset from obtaining royalties from a company that has already licensed the patent. Companies can also sign covenants not to sue each other that can run with the patents. If those patents are sold while those covenants are still in force, the patent’s market value is similarly limited.
Patent broker Brad Close notes that encumbrances can have the effect of reducing a patent’s value by up to 100 percent, practically rendering a patent valueless on the market. “If the only companies which are potential targets for a license are already licensed, then the intellectual property is essentially worthless,” Close said. Close has worked as a patent broker for 12 years and has spent parts of the last decade working on brokering patent sales for startups while working with such firms as TIPS Group, Transpacific IP and Blackstone IP.
“If a startup is considering entering into an agreement that would place an encumbrance upon a patent, I would advise them to be very sure that what they’re receiving in return offers adequate value and to take into consideration both their investors and the future of the business,” Close said.
Certain organizations and consortiums in the patent sector require their members to enter into agreements which place encumbrances on patent assets. One such organization is LOT Network which requires members to sign an agreement that offers a conditional license in the event that a patent is sold to a patent assertion entity (PAE) or non-practicing entities (NPEs), effectively protecting members from PAE suits of LOT originated patents. While the potential of avoiding litigation from PAEs and NPEs may seem attractive to startups, Close notes that startups don’t face the same litigation risks of much larger entities. “True NPEs don’t target startups because they don’t have the market share to make litigation worthwhile,” Close said. “NPEs are typically going to go after companies who hold a significant share of the market.”
Read More >> http://www.ipwatchdog.com/2018/09/13/patent-encumbrances-reduce-market-value/id=101187/
Patents can help business startups in a number of important ways. Filing a patent application can aid a startup’s first mover advantage as a patent grant gives them the right to exclude others from a market sector, which could prove to be very valuable for a variety of reasons — not the least of which is to attract investors keen to invest in companies with some strategic advantage in the marketplace.
Patents can also help minimize the risk of facing an infringement suit because it gives a startup an asset to assert defensively if and when an aggressive competitor might come knocking. But even if a defensive position does not ultimately prevent litigation from initiating having patents can open the possibility for counterclaims and cross-licensing settlements, which sometimes are the primary strategic reason patent lawsuits are filed in the first place.
These are well known examples of the advantages of patents to start ups and the venture capital firms (VCs) that often fund them. However, patents also help startups and the VCs that fund them because the patents can be sold. If the startup changes course from its initial designs – a not uncommon occurrence – then the sale of irrelevant patents can help recoup earlier sunk costs and the revenue used to fund more promising lines of research, development and commerce. If a startup fails, which ends up happening to the overwhelming number of startups, the sale of the patents can give investors a chance to recoup some of their funds.
The sale of a patent becomes more complicated and less valuable if the patent rights have been compromised. Not surprisingly, an encumbrance upon a patent negatively impacts the market value of the patent because it reduces the ability of others to monetize that patent by removing at least some avenues of opportunity.
Encumbrances can take several of different forms. A patent licensing agreement is an encumbrance because it prevents a company buying a patent asset from obtaining royalties from a company that has already licensed the patent. Companies can also sign covenants not to sue each other that can run with the patents. If those patents are sold while those covenants are still in force, the patent’s market value is similarly limited.
Patent broker Brad Close notes that encumbrances can have the effect of reducing a patent’s value by up to 100 percent, practically rendering a patent valueless on the market. “If the only companies which are potential targets for a license are already licensed, then the intellectual property is essentially worthless,” Close said. Close has worked as a patent broker for 12 years and has spent parts of the last decade working on brokering patent sales for startups while working with such firms as TIPS Group, Transpacific IP and Blackstone IP.
“If a startup is considering entering into an agreement that would place an encumbrance upon a patent, I would advise them to be very sure that what they’re receiving in return offers adequate value and to take into consideration both their investors and the future of the business,” Close said.
Certain organizations and consortiums in the patent sector require their members to enter into agreements which place encumbrances on patent assets. One such organization is LOT Network which requires members to sign an agreement that offers a conditional license in the event that a patent is sold to a patent assertion entity (PAE) or non-practicing entities (NPEs), effectively protecting members from PAE suits of LOT originated patents. While the potential of avoiding litigation from PAEs and NPEs may seem attractive to startups, Close notes that startups don’t face the same litigation risks of much larger entities. “True NPEs don’t target startups because they don’t have the market share to make litigation worthwhile,” Close said. “NPEs are typically going to go after companies who hold a significant share of the market.”
Read More >> http://www.ipwatchdog.com/2018/09/13/patent-encumbrances-reduce-market-value/id=101187/
New Lower Official Patent Fees Coming January 1, 2014 - Great News For Inventors
By: Michael J Foycik Jr.
October 24, 2013
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.
Finally some very good news for inventors about government patent fees. Some of the new lower fees have been put into place. Other impressive fee reductions are on the way.
The micro entity fee schedule has already been implemented. For example, filing a new Utility patent application costs as low as $400. A Provisional Patent Application, or PPA, costs as little as $65. The previous fees, in effect earlier this year, were much higher.
Other fee reductions are even more impressive, and are scheduled to go into effect beginning on January 1, 2014. These include the Utility patent issue fee, reduced from the small entity fee of $980 currently to just $480 (small entity) or $240 (micro entity). Assignments will be recorded at no charge in that new fee schedule; currently the government fee is $40.
Read More >> http://internationalpatentservice.com/Great-News-For-Inventors.html
October 24, 2013
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.
Finally some very good news for inventors about government patent fees. Some of the new lower fees have been put into place. Other impressive fee reductions are on the way.
The micro entity fee schedule has already been implemented. For example, filing a new Utility patent application costs as low as $400. A Provisional Patent Application, or PPA, costs as little as $65. The previous fees, in effect earlier this year, were much higher.
Other fee reductions are even more impressive, and are scheduled to go into effect beginning on January 1, 2014. These include the Utility patent issue fee, reduced from the small entity fee of $980 currently to just $480 (small entity) or $240 (micro entity). Assignments will be recorded at no charge in that new fee schedule; currently the government fee is $40.
Read More >> http://internationalpatentservice.com/Great-News-For-Inventors.html
How to protect your Startup Idea? (Intellectual Property)
By: Himanshu Jain
Startups and the Endless Possibilities
Sometimes a big corporation isn’t big enough for your brilliant ideas and you decide to go out into the free market and form your own startup. That’s great! You can now explore all options, work passionately on your interests and provide real-time value to the people. However, after the company registration procedure is done and dusted, there are still many issues surrounding the startup. One of these is the threat of someone stealing your idea and presenting to the world as their own. You wouldn’t want that now, would you? With this article, we’re going to look at Intellectual Property (IP) including trademarks, copyrights and patents and how they can help protect your startup idea.
Intro to Intellectual Property(IP)
The word “Intellectual Property” was first used in the 19th century however it wasn’t until the 20th century that term became a common usage and helped protect creations of intellect. Officially, Intellectual Property is defined as a class of property that includes intangible (lack of physical substance) creations of the intellect of an individual or an organization. These include patent, trademark, and copyright. Intellectual property can also encompass trade secrets, publicity rights, moral rights, and rights against unfair competition. The basic essence behind all the legal jargon is that your brilliant startup idea, your brainchild, is yours and yours alone and Trademark Registration, Patent Registration or Copyright Registration procedures can help ensure that they stay yours legally.
Trademark Registration
Before we get started with TradeMark Registration, let’s first ask yourselves What is a trademark? A trademark is basically a recognizable sign, design, expression which distinguishes them as unique and as an Intellectual Property of a particular individual or organization. The word “expression” constitutes slogan, photograph, logo, graphic, color combination, sound or even smell. In most cases, however, brands look to trademark the brand name or logos. For eg. Nike’s Slogan “Just do it” and their swoosh icon are all registered trademarks. Trademark registration can help protect your startup idea and the benefits could also ensure you form a company with the brand name of your choice.
NOTE: Trademarks for Services are called Service Marks(SM)
Trademark Registration Procedure
The procedure for trademark registration is simplistic and involves the following steps:
> Conduct a Trademark Search – To file a trademark you need to ensure that there is no infringement of existing trademarks Trademark Search is a very critical and crucial step towards registering your own trademark(s). Apart from the legal ramifications of trademark infringement, a conflict between your proposed trademark and an already existing trademark could potentially lead to the tarnishing of your personal brand which you worked very hard on, undoing all the hard work behind it.
> Identify your Trademark Class- Depending on the type of product or service, In India, trademarks fall under 45 classes. You can check which classes of trademarks fall by following the link: Trademarks Classes in India.
> File your Application – File the application with appropriate Documents for trademark registration along with the prescribed fees. After filing the application for the trademark you can safely use the TM (TradeMark) or SM(Service Mark) symbol. This basically indicates that trademark is pending for the IP and alerts competitors of possible infringements
> Trademark Jornal- Your trademark gets published in the Trademarks Journal where a hearing is conducted on it for possible objections.
> Certificate Issue- If no objections are raised against the trademark, a Trademark Registration certificate is issued. Including everything, a trademark is registered in about 18-24 months and are valid
Read More >> https://www.legalraasta.com/blog/protect-startup-idea/
Startups and the Endless Possibilities
Sometimes a big corporation isn’t big enough for your brilliant ideas and you decide to go out into the free market and form your own startup. That’s great! You can now explore all options, work passionately on your interests and provide real-time value to the people. However, after the company registration procedure is done and dusted, there are still many issues surrounding the startup. One of these is the threat of someone stealing your idea and presenting to the world as their own. You wouldn’t want that now, would you? With this article, we’re going to look at Intellectual Property (IP) including trademarks, copyrights and patents and how they can help protect your startup idea.
Intro to Intellectual Property(IP)
The word “Intellectual Property” was first used in the 19th century however it wasn’t until the 20th century that term became a common usage and helped protect creations of intellect. Officially, Intellectual Property is defined as a class of property that includes intangible (lack of physical substance) creations of the intellect of an individual or an organization. These include patent, trademark, and copyright. Intellectual property can also encompass trade secrets, publicity rights, moral rights, and rights against unfair competition. The basic essence behind all the legal jargon is that your brilliant startup idea, your brainchild, is yours and yours alone and Trademark Registration, Patent Registration or Copyright Registration procedures can help ensure that they stay yours legally.
Trademark Registration
Before we get started with TradeMark Registration, let’s first ask yourselves What is a trademark? A trademark is basically a recognizable sign, design, expression which distinguishes them as unique and as an Intellectual Property of a particular individual or organization. The word “expression” constitutes slogan, photograph, logo, graphic, color combination, sound or even smell. In most cases, however, brands look to trademark the brand name or logos. For eg. Nike’s Slogan “Just do it” and their swoosh icon are all registered trademarks. Trademark registration can help protect your startup idea and the benefits could also ensure you form a company with the brand name of your choice.
NOTE: Trademarks for Services are called Service Marks(SM)
Trademark Registration Procedure
The procedure for trademark registration is simplistic and involves the following steps:
> Conduct a Trademark Search – To file a trademark you need to ensure that there is no infringement of existing trademarks Trademark Search is a very critical and crucial step towards registering your own trademark(s). Apart from the legal ramifications of trademark infringement, a conflict between your proposed trademark and an already existing trademark could potentially lead to the tarnishing of your personal brand which you worked very hard on, undoing all the hard work behind it.
> Identify your Trademark Class- Depending on the type of product or service, In India, trademarks fall under 45 classes. You can check which classes of trademarks fall by following the link: Trademarks Classes in India.
> File your Application – File the application with appropriate Documents for trademark registration along with the prescribed fees. After filing the application for the trademark you can safely use the TM (TradeMark) or SM(Service Mark) symbol. This basically indicates that trademark is pending for the IP and alerts competitors of possible infringements
> Trademark Jornal- Your trademark gets published in the Trademarks Journal where a hearing is conducted on it for possible objections.
> Certificate Issue- If no objections are raised against the trademark, a Trademark Registration certificate is issued. Including everything, a trademark is registered in about 18-24 months and are valid
Read More >> https://www.legalraasta.com/blog/protect-startup-idea/
Worry - Free Foreign Patent Rights - Things You Should Know
By: Michael J Foycik Jr.
October 11, 2013
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.
Foreign filing – it may be one of the biggest choices facing anyone with an invention or a pending patent application. What if your invention is so successful that foreign copying becomes a problem? Here are some things you should know.
First, the right to file in foreign countries – that is, foreign priority rights – can be valuable. And not just to you, but to anyone wanting to purchase/license those rights.
Second, foreign filing is expensive. It is so expensive, many companies have to target selected countries. It would be best to file for patent protection in countries where the product is doing well.
Third, there's a way to delay your foreign filing. A US utility patent application provides a one year grace period for PCT filing (Patent Cooperation Treaty filing) as well as in most countries.
Fourth, a PCT application provides typically 30 to 32 months additional time in which to designate individual countries. Thus, the PCT application is very useful even though by itself it cannot confer specific patent rights in specific countries.
Fifth, if your product is successful, yet not so successful that you can spend freely on foreign priority rights, there is room for optimism. Many corporations would be happy to invest in a successful product in order to acquire foreign rights. Specifically, such corporations would be willing to pay the foreign patent costs in exchange for foreign marketing rights. In those situations, you'd still likley get a portion of the proceeds from foreign sales, but without the aggravation. Or, you might even consider selling the foreign rights for a lump sum.
Read More >> http://internationalpatentservice.com/Worry-Free-Foreign-Patent-Rights.html
October 11, 2013
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.
Foreign filing – it may be one of the biggest choices facing anyone with an invention or a pending patent application. What if your invention is so successful that foreign copying becomes a problem? Here are some things you should know.
First, the right to file in foreign countries – that is, foreign priority rights – can be valuable. And not just to you, but to anyone wanting to purchase/license those rights.
Second, foreign filing is expensive. It is so expensive, many companies have to target selected countries. It would be best to file for patent protection in countries where the product is doing well.
Third, there's a way to delay your foreign filing. A US utility patent application provides a one year grace period for PCT filing (Patent Cooperation Treaty filing) as well as in most countries.
Fourth, a PCT application provides typically 30 to 32 months additional time in which to designate individual countries. Thus, the PCT application is very useful even though by itself it cannot confer specific patent rights in specific countries.
Fifth, if your product is successful, yet not so successful that you can spend freely on foreign priority rights, there is room for optimism. Many corporations would be happy to invest in a successful product in order to acquire foreign rights. Specifically, such corporations would be willing to pay the foreign patent costs in exchange for foreign marketing rights. In those situations, you'd still likley get a portion of the proceeds from foreign sales, but without the aggravation. Or, you might even consider selling the foreign rights for a lump sum.
Read More >> http://internationalpatentservice.com/Worry-Free-Foreign-Patent-Rights.html
Protecting your business’ intellectual property
By: BusinessNC
What are patents, trademarks, and copyrights? How does obtaining these intellectual property rights, or “IP” rights, help create value for your business? Unfortunately, there are no short answers to these questions. With that being said, in this article we attempt to make the subject of IP more accessible and provide a pathway to understanding how IP can be used to protect the products that your business has spent blood, sweat, and capital on, and also how it can create growth and value for your business.
A patent issued by the United States Patent and Trademark Office is an IP right that grants the patent owner the right to exclude others from making, using, or selling, or importing the invention covered in the patent. In order to obtain a patent, the invention must be a machine, apparatus, process, plant, or composition of matter. Although abstract ideas or mathematical formulas are not patentable, in some instances software is patentable.
There are several different types of patents, including utility patents, design patents, and plant patents. Utility patents, which include provisional patent applications and non-provisional patents, are by far the most common, followed by design patents. Utility patents protect the functionality of an invention. While a provisional patent application cannot itself become a granted patent, it can be used to establish a filing date and later be used as a basis for a non-provisional patent application claiming priority to the provisional patent application. A non-provisional patent typically has a term of 20 years from the earliest effective filing date, with some adjustment possible for time delays. Periodic maintenance fees are required to keep a non-provisional patent in force. Design patents protect the ornamental design of an invention and have a term of 15 years from the date the patent is issued. No maintenance fees are required to keep a design patent in force.
The most obvious reason for filing a patent application is to protect the years of work and capital invested in your product. Since you or your business invested the time and money in the product, providing an ability to stop others from copying your product is one of the main reasons why patents exist. Obtaining a patent on your product, however, can also help your business in other ways. Patent licensing allows you to give certain rights to others to your invention, for a fee, and can result in extra income without having to invest any additional capital into your own business. Moreover, if your business plan is to be acquired by a larger company or a merger is in your future, having valuable patents in your list of assets can result in a competitive advantage at the negotiating table. Patents can also be used as collateral to obtain new rounds of funding if your business is looking to expand. These are just some examples of how patents can create value for your business beyond the legal monopoly granted by the Patent Office.
Trademarks are IP rights that protect signs, symbols, names, and colors that are source identifiers for products and services. Product configuration trademarks also can be pursued to protect product designs via trademark rights. Although some trademark rights exist without registration, obtaining a federal trademark or service mark registration not only provides a tool that can be used to prevent others from using an identical mark as yours for the same goods, but a federal registration also can be used to prevent others from using a mark that would create a likelihood of confusion. This type of protection is, therefore, quite broad. As long as they are continuously used and have not become generic or cancelled, federal trademark registrations have a term of 10 years and can be renewed in perpetuity. Federal trademark registrations have been granted for particular color combinations, jingles or short musical pieces associated with a business, and even particular scents. The key is that the trademark is used to identify the source of the product or service as that of the entity that owns the trademark.
Read More >> http://businessnc.com/protecting-your-business-intellectual-property/
What are patents, trademarks, and copyrights? How does obtaining these intellectual property rights, or “IP” rights, help create value for your business? Unfortunately, there are no short answers to these questions. With that being said, in this article we attempt to make the subject of IP more accessible and provide a pathway to understanding how IP can be used to protect the products that your business has spent blood, sweat, and capital on, and also how it can create growth and value for your business.
A patent issued by the United States Patent and Trademark Office is an IP right that grants the patent owner the right to exclude others from making, using, or selling, or importing the invention covered in the patent. In order to obtain a patent, the invention must be a machine, apparatus, process, plant, or composition of matter. Although abstract ideas or mathematical formulas are not patentable, in some instances software is patentable.
There are several different types of patents, including utility patents, design patents, and plant patents. Utility patents, which include provisional patent applications and non-provisional patents, are by far the most common, followed by design patents. Utility patents protect the functionality of an invention. While a provisional patent application cannot itself become a granted patent, it can be used to establish a filing date and later be used as a basis for a non-provisional patent application claiming priority to the provisional patent application. A non-provisional patent typically has a term of 20 years from the earliest effective filing date, with some adjustment possible for time delays. Periodic maintenance fees are required to keep a non-provisional patent in force. Design patents protect the ornamental design of an invention and have a term of 15 years from the date the patent is issued. No maintenance fees are required to keep a design patent in force.
The most obvious reason for filing a patent application is to protect the years of work and capital invested in your product. Since you or your business invested the time and money in the product, providing an ability to stop others from copying your product is one of the main reasons why patents exist. Obtaining a patent on your product, however, can also help your business in other ways. Patent licensing allows you to give certain rights to others to your invention, for a fee, and can result in extra income without having to invest any additional capital into your own business. Moreover, if your business plan is to be acquired by a larger company or a merger is in your future, having valuable patents in your list of assets can result in a competitive advantage at the negotiating table. Patents can also be used as collateral to obtain new rounds of funding if your business is looking to expand. These are just some examples of how patents can create value for your business beyond the legal monopoly granted by the Patent Office.
Trademarks are IP rights that protect signs, symbols, names, and colors that are source identifiers for products and services. Product configuration trademarks also can be pursued to protect product designs via trademark rights. Although some trademark rights exist without registration, obtaining a federal trademark or service mark registration not only provides a tool that can be used to prevent others from using an identical mark as yours for the same goods, but a federal registration also can be used to prevent others from using a mark that would create a likelihood of confusion. This type of protection is, therefore, quite broad. As long as they are continuously used and have not become generic or cancelled, federal trademark registrations have a term of 10 years and can be renewed in perpetuity. Federal trademark registrations have been granted for particular color combinations, jingles or short musical pieces associated with a business, and even particular scents. The key is that the trademark is used to identify the source of the product or service as that of the entity that owns the trademark.
Read More >> http://businessnc.com/protecting-your-business-intellectual-property/
New Technologies Worth Investing In
By: Michael J Foycik Jr.
October 2, 2013
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 to find the hot new technologies, and invest in them. Smart!
When a techology gets “old” there are too many companies in it, driving down profits. And, people get tired of new product announcements in old technologies. For example, when was the last time you got excited about an ad for tires? Yet there was a time when many people would get excited about such an ad.
So, what's hot? What has an open field ahead of it? What has room for growth? It really is possible to answer those questions, if you know how. Here are a few tips.
First tip: find a field that has not been updated lately. If it is in the news every day, though, chances are it is very updated. For example, solar power is updated. Cell phones too, and cameras, and televisions sets.
So what hasn't been updated? What has a real future? Easy!
Tip one: look at change. For example, natural gas has dropped in price, and vast reserves have been discovered. This means a sharp downward trend in natural gas prices. What products will benefit? We know that natural gas is even safe in the home, so anything goes. Good fields for investment therefore will be anything that uses natural gas, yet hasn't been widely sold and has few competitors in the field. If only we could discover what those products are!
It turns out that we CAN find those products. Specifically, you CAN find what new things use natural gas, which companies are making them, and many other worthwhile details. Here's how, so keep reading.
You can locate those products and the companies of interest, using patents as your guide. That's not too hard – you can search on any patent site and limit your search to just the current year and a specific search term. Easy! And, issued patents often show the Assignee, i.e. the company that owns it.
Further, once you know your technical area of interest, is the Class/Subclass search. The issued patents of interest will show their Class/Subclass, and you might want to start with those.
Read More >> http://internationalpatentservice.com/New-Technologies-Worth-Investing-In.html
October 2, 2013
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 to find the hot new technologies, and invest in them. Smart!
When a techology gets “old” there are too many companies in it, driving down profits. And, people get tired of new product announcements in old technologies. For example, when was the last time you got excited about an ad for tires? Yet there was a time when many people would get excited about such an ad.
So, what's hot? What has an open field ahead of it? What has room for growth? It really is possible to answer those questions, if you know how. Here are a few tips.
First tip: find a field that has not been updated lately. If it is in the news every day, though, chances are it is very updated. For example, solar power is updated. Cell phones too, and cameras, and televisions sets.
So what hasn't been updated? What has a real future? Easy!
Tip one: look at change. For example, natural gas has dropped in price, and vast reserves have been discovered. This means a sharp downward trend in natural gas prices. What products will benefit? We know that natural gas is even safe in the home, so anything goes. Good fields for investment therefore will be anything that uses natural gas, yet hasn't been widely sold and has few competitors in the field. If only we could discover what those products are!
It turns out that we CAN find those products. Specifically, you CAN find what new things use natural gas, which companies are making them, and many other worthwhile details. Here's how, so keep reading.
You can locate those products and the companies of interest, using patents as your guide. That's not too hard – you can search on any patent site and limit your search to just the current year and a specific search term. Easy! And, issued patents often show the Assignee, i.e. the company that owns it.
Further, once you know your technical area of interest, is the Class/Subclass search. The issued patents of interest will show their Class/Subclass, and you might want to start with those.
Read More >> http://internationalpatentservice.com/New-Technologies-Worth-Investing-In.html
Intellectual Property in the Age of 3D Scanning and 3D Printing
BY: SAM BILLINGSLEY JR.
A few weeks ago, Sean passed a couple of links my way regarding the questions surrounding the trademarking of point cloud data. He asked for my opinion and, after emerging from the rabbit hole nearly a month later, I’m still not sure exactly what my opinion is. However, I am sure that the questions brought forth are both thought-provoking and in need of consideration by anyone that works or plays in the reality capture space.
Let’s start where Sean dropped me in to this and see where it goes…
The post he sent me was “Why 3D Scans Aren’t Copyrightable” by Cory Doctorow. The post is basically a summation of the work of Michael Weinberg who is the General Counsel for Shapeways which is a company/community built around 3D printing and 3D design. I must admit that my first instinct was one of suspicion: Of course the attorney for a 3D printing company thinks that 3D scans are not copyrightable, it’s in his employer’s best interest! However, after taking the time to read his other papers, I do think that he is right–you can’t copyright a scan. However, getting around the rules that make him right are so easy that I’m not sure it will matter the way we think.
Let’s go a bit deeper by defining a few terms that we will need to use
> Physible: a dataset that is capable of being manufactured as a physical object using a 3D printer or DNC machine.
> Copyright: the exclusive legal right given to an originator or an assignee to print, publish, perform, film, or record literary, artistic, or musical material, and to authorize others to do the same.
> Patent: a government authority or license conferring a right or title for a set period, especially the sole right to exclude others from making, using, or selling an invention.
> Design Patent: a form of intellectual property protection which allows an inventor to protect the original shape or surface ornamentation of a useful manufactured article
> Trademark: a symbol, word, or words legally registered or established by use as representing a company or product
Read More >> https://www.spar3d.com/blogs/confessions-of-a-hired-gun/intellectual-property-age-3d-scanning-physibles/
A few weeks ago, Sean passed a couple of links my way regarding the questions surrounding the trademarking of point cloud data. He asked for my opinion and, after emerging from the rabbit hole nearly a month later, I’m still not sure exactly what my opinion is. However, I am sure that the questions brought forth are both thought-provoking and in need of consideration by anyone that works or plays in the reality capture space.
Let’s start where Sean dropped me in to this and see where it goes…
The post he sent me was “Why 3D Scans Aren’t Copyrightable” by Cory Doctorow. The post is basically a summation of the work of Michael Weinberg who is the General Counsel for Shapeways which is a company/community built around 3D printing and 3D design. I must admit that my first instinct was one of suspicion: Of course the attorney for a 3D printing company thinks that 3D scans are not copyrightable, it’s in his employer’s best interest! However, after taking the time to read his other papers, I do think that he is right–you can’t copyright a scan. However, getting around the rules that make him right are so easy that I’m not sure it will matter the way we think.
Let’s go a bit deeper by defining a few terms that we will need to use
> Physible: a dataset that is capable of being manufactured as a physical object using a 3D printer or DNC machine.
> Copyright: the exclusive legal right given to an originator or an assignee to print, publish, perform, film, or record literary, artistic, or musical material, and to authorize others to do the same.
> Patent: a government authority or license conferring a right or title for a set period, especially the sole right to exclude others from making, using, or selling an invention.
> Design Patent: a form of intellectual property protection which allows an inventor to protect the original shape or surface ornamentation of a useful manufactured article
> Trademark: a symbol, word, or words legally registered or established by use as representing a company or product
Read More >> https://www.spar3d.com/blogs/confessions-of-a-hired-gun/intellectual-property-age-3d-scanning-physibles/
Getting Investors - Ultra Quick Tips
By: Michael J Foycik Jr.
Septemper 18, 2013
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. 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.
Source >> http://internationalpatentservice.com/Getting-Investors-Ultra-Quick-Tips.html
Septemper 18, 2013
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. 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.
Source >> http://internationalpatentservice.com/Getting-Investors-Ultra-Quick-Tips.html
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