By: Ken Seddon
Though startup founders wear many hats when they launch their businesses — innovator, creator, delegator, coder, fundraiser, and marketer — not many list patent attorney among their titles. In fact, the absence of a cohesive intellectual property (IP) strategy is a common trait of many startup teams.
With so many things to think about — building a product, hiring a staff, fundraising, marketing, sales and more — there’s often little time left for a patent strategy. The problem with this reactionary mindset is that by the time an IP problem is large enough for leadership to deal with, the entire business could be at risk.
That’s why having a plan upfront will save you from a lot of expense and legal hassle later on down the road. Here’s how to think about putting one together.
Read more >> https://medium.com/startup-grind/ip-strategy-101-what-startups-need-to-know-29e3dd018be3
Google Secrets No More - What Recent Google Patents Tell Us About SEO, Ads, and More
By: Michael J Foycik Jr.
January 19, 2020
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
There are interesting features in several recently issued Google patents. There are interesting insights, possibly secrets revealed, and opportunities too. Let's have a quick look.
A favorite of this author is Patent Number 8,589,391, which relates to a method for generating web site ratings for a user. This seems to be very useful. You can look this patent up online by searching “google patents advanced search” which brings up an option to search by patent number. I do recommend this, since there is an option to download the patent as a pdf file; this applies to the following patents as well.
And, something functional: Patent Number 8,589,387, for an Information Extractor from a Database, also assigned to Google. Here's an opportunity – if this is so important, other firms may well be able to develop improved/different methods for doing this which may well be of interest to search engine companies like Google.
More insights into the Google field of interest: Patent Number 8,589,399, for identifying terms of interest to an entity. This has obvious interest to marketers, but may have broader implications. And, there could be secrets revealed therein. Worth a look!
Read more >> http://internationalpatentservice.com/Google-Secrets-No-More.html
January 19, 2020
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
There are interesting features in several recently issued Google patents. There are interesting insights, possibly secrets revealed, and opportunities too. Let's have a quick look.
A favorite of this author is Patent Number 8,589,391, which relates to a method for generating web site ratings for a user. This seems to be very useful. You can look this patent up online by searching “google patents advanced search” which brings up an option to search by patent number. I do recommend this, since there is an option to download the patent as a pdf file; this applies to the following patents as well.
And, something functional: Patent Number 8,589,387, for an Information Extractor from a Database, also assigned to Google. Here's an opportunity – if this is so important, other firms may well be able to develop improved/different methods for doing this which may well be of interest to search engine companies like Google.
More insights into the Google field of interest: Patent Number 8,589,399, for identifying terms of interest to an entity. This has obvious interest to marketers, but may have broader implications. And, there could be secrets revealed therein. Worth a look!
Read more >> http://internationalpatentservice.com/Google-Secrets-No-More.html
Labels:
Patent
Huawei ranks in the top ten for the first time in U.S. patent applications
By: Mzee Kobe
From the point of view of the ownership of patent companies granted by the U.S. government, the United States ranks first with 156,600 patents. Japan ranks second with 54,400. South Korea ranks third with 22,100. Finally, China ranks fourth with 16,900. Germany ranked fifth with 16,800 pieces. This is also the first time that China has surpassed Germany.
Last year was the year with the highest number of patents granted by the US government. It was also last year that Huawei was among the top 10 in the United States for the first time in the number of patent applications in the United States. Overall, China also surpassed Germany in 2019, becoming the fourth largest country on the U.S. patent list. Source: Bloomberg.
However, in fact, not only Huawei, but also the number of patent applications filed by Chinese companies such as BOE and Tencent in the United States increased sharply year-on-year, exceeding the national average.
On January 14, the US Commercial Patent Database (IFI Claims Patent Services) released data showing that the US Patent and Trademark Office awarded a total of 333,530 patents in 2019, a year-on-year increase of 15%. year.
Read more >> https://www.ambalink.com/huawei-ranks-in-the-top-ten-for-the-first-time-in-u-s-patent-applications/
From the point of view of the ownership of patent companies granted by the U.S. government, the United States ranks first with 156,600 patents. Japan ranks second with 54,400. South Korea ranks third with 22,100. Finally, China ranks fourth with 16,900. Germany ranked fifth with 16,800 pieces. This is also the first time that China has surpassed Germany.
Last year was the year with the highest number of patents granted by the US government. It was also last year that Huawei was among the top 10 in the United States for the first time in the number of patent applications in the United States. Overall, China also surpassed Germany in 2019, becoming the fourth largest country on the U.S. patent list. Source: Bloomberg.
However, in fact, not only Huawei, but also the number of patent applications filed by Chinese companies such as BOE and Tencent in the United States increased sharply year-on-year, exceeding the national average.
On January 14, the US Commercial Patent Database (IFI Claims Patent Services) released data showing that the US Patent and Trademark Office awarded a total of 333,530 patents in 2019, a year-on-year increase of 15%. year.
Read more >> https://www.ambalink.com/huawei-ranks-in-the-top-ten-for-the-first-time-in-u-s-patent-applications/
Labels:
Patent
Claims In A Patent Application - What You Should Know
By: Michael J Foycik Jr.
January 13, 2020
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
What is a broad claim? How can you protect your invention when competitors make slight changes? Should you even worry about these things? Here is a simple guide that may help.
There is a law of claim infringement that is worth knowing. A claim is infringed if the accuses product has each and every limitation of the claim. What's that mean? Well, suppose a claim for a pencil reads: “An implement for marking having a hollow tubular portion having a spreadable substance inside.” Then, a pencil having an eraser would still infringe – the added feature of the eraser does not matter. Even more importantly, that claim even reads on a lipstick case. What a wonderful claim!
You too can have good – even wonderful – claims, if your invention can support them. The one problem is that the patent examiner rejects any claims that would read on the prior art patents. So, no one else can ever get a claim for a pencil as broad as the above example, now that pencils are part of the prior art.
Let's say your invention has all kinds of wonderful and exciting features. Many do! How should be approach the claims for such a product?
Read more >> http://internationalpatentservice.com/Claims-In-A-Patent-Application-What-You-Should-Know.html
January 13, 2020
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
What is a broad claim? How can you protect your invention when competitors make slight changes? Should you even worry about these things? Here is a simple guide that may help.
There is a law of claim infringement that is worth knowing. A claim is infringed if the accuses product has each and every limitation of the claim. What's that mean? Well, suppose a claim for a pencil reads: “An implement for marking having a hollow tubular portion having a spreadable substance inside.” Then, a pencil having an eraser would still infringe – the added feature of the eraser does not matter. Even more importantly, that claim even reads on a lipstick case. What a wonderful claim!
You too can have good – even wonderful – claims, if your invention can support them. The one problem is that the patent examiner rejects any claims that would read on the prior art patents. So, no one else can ever get a claim for a pencil as broad as the above example, now that pencils are part of the prior art.
Let's say your invention has all kinds of wonderful and exciting features. Many do! How should be approach the claims for such a product?
Read more >> http://internationalpatentservice.com/Claims-In-A-Patent-Application-What-You-Should-Know.html
Labels:
Patent
Collecting and Using Competitive Intelligence | For Startups, New Ventures, and Entrepreneurs
By: Jace
Competitive Intelligence? What’s competitive intelligence? According to Wikipedia, “Competitive intelligence (CI) is the action of defining, gathering, analyzing, and distributing intelligence about products, customers, competitors and any aspect of the environment needed to support executives and managers in making strategic decisions for an organization.“
For the day to day, it means understanding what your competitors, direct and indirect are doing, how big their war chest is, whom they’re hiring, and then trying to figure out how you can outcompete them based on your realities. Competitive intelligence is an ongoing process. It is about accumulating relevant knowledge that your entire executive team can implement into the overall company strategy.
Read more >> https://f3fundit.com/the-need-for-competitive-intelligence/
Competitive Intelligence? What’s competitive intelligence? According to Wikipedia, “Competitive intelligence (CI) is the action of defining, gathering, analyzing, and distributing intelligence about products, customers, competitors and any aspect of the environment needed to support executives and managers in making strategic decisions for an organization.“
For the day to day, it means understanding what your competitors, direct and indirect are doing, how big their war chest is, whom they’re hiring, and then trying to figure out how you can outcompete them based on your realities. Competitive intelligence is an ongoing process. It is about accumulating relevant knowledge that your entire executive team can implement into the overall company strategy.
Read more >> https://f3fundit.com/the-need-for-competitive-intelligence/
Labels:
Startup
Responding to a Rejection in a Patent Application
By: Michael J Foycik Jr.
January 12, 2020
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
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.
Read more >> http://internationalpatentservice.com/Responding-to-a-Rejection-in-a-Patent-Application.html
January 12, 2020
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
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.
Read more >> http://internationalpatentservice.com/Responding-to-a-Rejection-in-a-Patent-Application.html
Labels:
Patent
Basics of Intellectual Property Law in Nigeria
By: David Adamgbo
Here I’ll be talking about six different areas of intellectual property law which is also referred to as IP or IP Law, these areas include:
> Patents
> Copyrights
> Trademark
> Industrial Design
> Trade Secrets and,
> Right of Publicity
Basically intellectual property law is a law or a set of legislative enactments created to protect the product of human ingenuity (intangible assets such as words, sounds images etc).
Patents
A patent is a monopoly over an invention and The Patent Act governs the registration and administration of patents in Nigeria. Patents cover compositions of matter, basically composition of matter is a broad concept, it can be anything ranging from new chemicals to machinery or even an app or a computer software.
But because you have something that’s within a patents subject matter it doesn’t necessarily mean you can get a patent for it, in other to get a patent you must prove novelty, utility and nonobviousness. However a patent can’t be granted for inventions which are contrary to public order and morality. The term of a patent last for a period of twenty (20) years from the period of registration and it’s none renewable.
Read more >> https://solicitorswords.wordpress.com/2020/01/10/basics-of-intellectual-property-law-in-nigeria/
Here I’ll be talking about six different areas of intellectual property law which is also referred to as IP or IP Law, these areas include:
> Patents
> Copyrights
> Trademark
> Industrial Design
> Trade Secrets and,
> Right of Publicity
Basically intellectual property law is a law or a set of legislative enactments created to protect the product of human ingenuity (intangible assets such as words, sounds images etc).
Patents
A patent is a monopoly over an invention and The Patent Act governs the registration and administration of patents in Nigeria. Patents cover compositions of matter, basically composition of matter is a broad concept, it can be anything ranging from new chemicals to machinery or even an app or a computer software.
But because you have something that’s within a patents subject matter it doesn’t necessarily mean you can get a patent for it, in other to get a patent you must prove novelty, utility and nonobviousness. However a patent can’t be granted for inventions which are contrary to public order and morality. The term of a patent last for a period of twenty (20) years from the period of registration and it’s none renewable.
Read more >> https://solicitorswords.wordpress.com/2020/01/10/basics-of-intellectual-property-law-in-nigeria/
Labels:
Intellectual Property
What Is Patentable?
By: Michael J Foycik Jr.
January 20, 2020
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Wonder what is patentable? When a good idea could becomes a valuable right? If so, read on!
The legal standards are simple to state: anything new an unobvious. But, what is new? And, what is unobvious? This is discussed as follows.
Anything “new” would include a new arrangement of old parts, an arrangement which achieves a new result, and any improvement to an existing device. These all may be deemed to be new and can therefore support a patent application. A very small improvement is still new under this standard.
Make something useful out of standard hardware items? That's ok, as long as it is new. How do you know it is new? Well, if you didn't copy it, and haven't seen one anywhere, then it could be new. A patent search might – or might not – turn up relevant prior art, so that's another way to try to guesstimate whether something is really new or not.
The next item, though, is whether the invention is unobvious. That is a legal determination which is typically made by a patent examiner in the course of his/her duties. This standard may vary greatly from one person to the next, but in the end the examiner's decision is the one that counts.
Read more >> http://internationalpatentservice.com/What-Is-Patentable.html
January 20, 2020
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Wonder what is patentable? When a good idea could becomes a valuable right? If so, read on!
The legal standards are simple to state: anything new an unobvious. But, what is new? And, what is unobvious? This is discussed as follows.
Anything “new” would include a new arrangement of old parts, an arrangement which achieves a new result, and any improvement to an existing device. These all may be deemed to be new and can therefore support a patent application. A very small improvement is still new under this standard.
Make something useful out of standard hardware items? That's ok, as long as it is new. How do you know it is new? Well, if you didn't copy it, and haven't seen one anywhere, then it could be new. A patent search might – or might not – turn up relevant prior art, so that's another way to try to guesstimate whether something is really new or not.
The next item, though, is whether the invention is unobvious. That is a legal determination which is typically made by a patent examiner in the course of his/her duties. This standard may vary greatly from one person to the next, but in the end the examiner's decision is the one that counts.
Read more >> http://internationalpatentservice.com/What-Is-Patentable.html
Labels:
Patent
Will 2020 be the year you take the leap to start up your own business?
By: William Dean
Setting up your own business can be a daunting task. We know. We work with many entrepreneurs and startup businesses who often juggle the demands of a full or part time job in tandem with investing time, energy and money into their fledgling business. However, as your new business starts to gain traction you may need to decide whether the time is right to take the leap, give up the day job, and become a full time business owner.
So if you have a great idea or have a startup business looking to take the next step, here are some key points which may help you decide whether 2020 will be your leap year.
Financially fit?
One of the most common reasons for a startup failing is running out of money. It is therefore essential to manage your cash flow. Establishing a budget and sticking to it will help you track where every penny is going (and coming from). You can do this by monitoring your outgoings, establishing realistic (and achievable) goals for your finances – both short and long term – and getting some expert advice. Barclays and NatWest specialise in finance for startups, providing support through Barclays Eagle Labs and NatWest’s Entrepreneur Accelerators.
Read more >> https://www.barkerbrettell.co.uk/will-2020-be-the-year-you-take-the-leap-to-start-up-your-own-business/
Setting up your own business can be a daunting task. We know. We work with many entrepreneurs and startup businesses who often juggle the demands of a full or part time job in tandem with investing time, energy and money into their fledgling business. However, as your new business starts to gain traction you may need to decide whether the time is right to take the leap, give up the day job, and become a full time business owner.
So if you have a great idea or have a startup business looking to take the next step, here are some key points which may help you decide whether 2020 will be your leap year.
Financially fit?
One of the most common reasons for a startup failing is running out of money. It is therefore essential to manage your cash flow. Establishing a budget and sticking to it will help you track where every penny is going (and coming from). You can do this by monitoring your outgoings, establishing realistic (and achievable) goals for your finances – both short and long term – and getting some expert advice. Barclays and NatWest specialise in finance for startups, providing support through Barclays Eagle Labs and NatWest’s Entrepreneur Accelerators.
Read more >> https://www.barkerbrettell.co.uk/will-2020-be-the-year-you-take-the-leap-to-start-up-your-own-business/
Labels:
Startup
Patent Mistakes Commonly Made By DIY Inventors
By: Michael J Foycik Jr.
January 9, 2020
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
There are some very common mistakes made by do-it-yourself (DIY) inventors when it comes to patenting. There are two main patent types, Provisional Patent Applications (PPAs) and Utility Patent Applications.
The worst mistake: trying to hide the invention. This happens when inventors recite all the advantages and benefits, but do not show enough structure to support those functions. The rejection that occurs in those situations is an “insufficient disclosure” rejection, and it is a serious matter in the patent world.
Drawings: color drawings are a mistake. Only black-and-white line drawings are accepted, except under relatively rare conditions such as a biological micrograph.
Also a mistake: drawings without proper margins of one inch at the top and left, 5/8 inch on the right, and 3/8 at the bottom.
Another mistake is failing to show enough features in the drawings. Many inventors seem to think one or two good drawings are enough. Many times it is necessary to have cross sections shown, enlarged detail views, and diagrams showing a change in position or condition. Also, front views of mechanical systems are often not enough. Other views may well be necessary: side, rear, bottom, perspective, and assembly drawings all find good use in patent drawings.
Read more >> http://internationalpatentservice.com/Patent-Mistakes-Commonly-Made.html
January 9, 2020
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
There are some very common mistakes made by do-it-yourself (DIY) inventors when it comes to patenting. There are two main patent types, Provisional Patent Applications (PPAs) and Utility Patent Applications.
The worst mistake: trying to hide the invention. This happens when inventors recite all the advantages and benefits, but do not show enough structure to support those functions. The rejection that occurs in those situations is an “insufficient disclosure” rejection, and it is a serious matter in the patent world.
Drawings: color drawings are a mistake. Only black-and-white line drawings are accepted, except under relatively rare conditions such as a biological micrograph.
Also a mistake: drawings without proper margins of one inch at the top and left, 5/8 inch on the right, and 3/8 at the bottom.
Another mistake is failing to show enough features in the drawings. Many inventors seem to think one or two good drawings are enough. Many times it is necessary to have cross sections shown, enlarged detail views, and diagrams showing a change in position or condition. Also, front views of mechanical systems are often not enough. Other views may well be necessary: side, rear, bottom, perspective, and assembly drawings all find good use in patent drawings.
Read more >> http://internationalpatentservice.com/Patent-Mistakes-Commonly-Made.html
Labels:
Patent
Nigeria: Essential Intellectual Property Rights Protection For E-Commerce Companies In Nigeria
By: Bisola Scott
INTRODUCTION
The internet has transformed the conventional way of trading, and businesses trade over the internet, either exclusively or in addition to having physical stores. This mode of trading is referred to as e-commerce, with the added functionality of electronic transfers of money and data to execute various business transactions.2 With the introduction of online retail stores such as Konga, Alibaba, and Jumia, Nigerians, like consumers elsewhere, are rapidly embracing online shopping.3 Currently, the amount that has been expended on e-commerce transactions in Nigeria is estimated at $12 billion and projected to reach $75 billion in revenues per annum by 2025.4 Some of the advantages of e-commerce include convenience in purchasing and subscribing to services, the provision of an array of products or services to choose from, and discounted prices as it is usually less expensive to operate.5
Intellectual property rights are the highest value-bearing component of e-commerce companies6 and are protectable under intellectual property laws in Nigeria through the avenues of trademarks, copyrights, patents, trade secrets and confidential information. These rights are valuable assets which may generate income and enable a company acquire or maintain a competitive edge in the marketplace. It is vital that e-commerce companies protect their intellectual rights to prevent infringement and theft by third parties, which may result in reduction in revenue generated and sometimes affect the integrity of their brand. The key intellectual property rights in e-commerce businesses are highlighted below.
Read more >> http://www.mondaq.com/Nigeria/x/880786/Trademark/Essential+Intellectual+Property+Rights+Protection+For+ECommerce+Companies+In+Nigeria
INTRODUCTION
The internet has transformed the conventional way of trading, and businesses trade over the internet, either exclusively or in addition to having physical stores. This mode of trading is referred to as e-commerce, with the added functionality of electronic transfers of money and data to execute various business transactions.2 With the introduction of online retail stores such as Konga, Alibaba, and Jumia, Nigerians, like consumers elsewhere, are rapidly embracing online shopping.3 Currently, the amount that has been expended on e-commerce transactions in Nigeria is estimated at $12 billion and projected to reach $75 billion in revenues per annum by 2025.4 Some of the advantages of e-commerce include convenience in purchasing and subscribing to services, the provision of an array of products or services to choose from, and discounted prices as it is usually less expensive to operate.5
Intellectual property rights are the highest value-bearing component of e-commerce companies6 and are protectable under intellectual property laws in Nigeria through the avenues of trademarks, copyrights, patents, trade secrets and confidential information. These rights are valuable assets which may generate income and enable a company acquire or maintain a competitive edge in the marketplace. It is vital that e-commerce companies protect their intellectual rights to prevent infringement and theft by third parties, which may result in reduction in revenue generated and sometimes affect the integrity of their brand. The key intellectual property rights in e-commerce businesses are highlighted below.
Read more >> http://www.mondaq.com/Nigeria/x/880786/Trademark/Essential+Intellectual+Property+Rights+Protection+For+ECommerce+Companies+In+Nigeria
Labels:
Intellectual Property
A Patent Attorney Talks About Investing
By: Michael J Foycik Jr.
January 6, 2020
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
It happens often enough – patent attorneys talk with investors for many purposes. Sometimes it is to consider the value of a patent, other times it is simply because the investor is backing a particular client or has a question about litigation.
So what happens when the investor wants to talk with the patent attorney about investing? Well, interesting stuff. Here are a few samples that may help you evaluate an investment opportunity like a professional.
Let's say there is a technical field of special interest. For example, let's say you're familiar with greeting cards, or jewelry, or party planning. Suppose there are companies capable of leading those fields, still virtually unknown to the mainstream business investor. You can locate companies leading those fields using patents as your guide.
Why so? That's easy! So many reasons! Let's start with one: patents cost real money. Any company that believes in its new product enough to spend money, may well be worth a look.
Read more >> http://internationalpatentservice.com/A-Patent-Attorney-Talks-About-Investing.html
January 6, 2020
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
It happens often enough – patent attorneys talk with investors for many purposes. Sometimes it is to consider the value of a patent, other times it is simply because the investor is backing a particular client or has a question about litigation.
So what happens when the investor wants to talk with the patent attorney about investing? Well, interesting stuff. Here are a few samples that may help you evaluate an investment opportunity like a professional.
Let's say there is a technical field of special interest. For example, let's say you're familiar with greeting cards, or jewelry, or party planning. Suppose there are companies capable of leading those fields, still virtually unknown to the mainstream business investor. You can locate companies leading those fields using patents as your guide.
Why so? That's easy! So many reasons! Let's start with one: patents cost real money. Any company that believes in its new product enough to spend money, may well be worth a look.
Read more >> http://internationalpatentservice.com/A-Patent-Attorney-Talks-About-Investing.html
Labels:
Patent
Exploring Intellectual Property at Apple: A Study of Strategy and Patterns
By: Julia Justusson
Whether companies use patent portfolios to encourage innovation or to stifle competition, protecting intellectual property (IP) is an important part of corporate strategy. As ktMINE has previously noted, companies rely on patent and trademark infringement litigation to prevent competitors from copying valuable designs and inventions. Apple, in one notable example, has been arguing in court since 2011 that Samsung committed patent infringement in copying features of its smartphones and tablets. In the latest verdict in late May of this year, the U.S. District Court in San Jose ordered Samsung to pay Apple $539 million in damages for infringing upon three design patents and two utility patents.
Apple has fully embraced using the technology patent system to their advantage, dating back to Steve Jobs’ determination in 2006 to protect the iPhone before its first release. According to the company’s former general counsel Nancy Heinen, “[Steve Jobs’] attitude was that if someone at Apple can dream it up, then we should apply for a patent, because even if we never build it, it’s a defensive tool.” Apple’s extensive patent portfolio reveals certain trends in research and development, but also indicates the company’s intent to use its IP as a tool to prevent competitors from either copying existing technologies or bringing Apple’s “original” ideas to fruition first.
Read more >> https://www.ktmine.com/exploring-intellectual-property-at-apple-a-study-of-strategy-and-patterns/
Whether companies use patent portfolios to encourage innovation or to stifle competition, protecting intellectual property (IP) is an important part of corporate strategy. As ktMINE has previously noted, companies rely on patent and trademark infringement litigation to prevent competitors from copying valuable designs and inventions. Apple, in one notable example, has been arguing in court since 2011 that Samsung committed patent infringement in copying features of its smartphones and tablets. In the latest verdict in late May of this year, the U.S. District Court in San Jose ordered Samsung to pay Apple $539 million in damages for infringing upon three design patents and two utility patents.
Apple has fully embraced using the technology patent system to their advantage, dating back to Steve Jobs’ determination in 2006 to protect the iPhone before its first release. According to the company’s former general counsel Nancy Heinen, “[Steve Jobs’] attitude was that if someone at Apple can dream it up, then we should apply for a patent, because even if we never build it, it’s a defensive tool.” Apple’s extensive patent portfolio reveals certain trends in research and development, but also indicates the company’s intent to use its IP as a tool to prevent competitors from either copying existing technologies or bringing Apple’s “original” ideas to fruition first.
Read more >> https://www.ktmine.com/exploring-intellectual-property-at-apple-a-study-of-strategy-and-patterns/
Labels:
Intellectual Property
Getting Investors - Ultra Quick Tips
By: Michael J Foycik Jr.
Dec 31, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
So, you need an investor. Probably to start a new business and launch a new product. Here's a very short yet useful guide.
Get a distributor. Yes, they don't sound like investors, but it helps to see them that way. Why so? A typical one will bear the costs in some way, and help sell the product. These things are what a good investor would do. Typically, with a new product, you can expect to get anywhere from 2 to 9 percent of the selling price, though this can vary.
Sell though a TV marketing company – you know the ones. You see them on late night television, or on cable channels that sell goods. And yes, they don't sound like investors, but it will help to look at them that way.
Read more >> http://internationalpatentservice.com/Getting-Investors-Ultra-Quick-Tips.html
Dec 31, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
So, you need an investor. Probably to start a new business and launch a new product. Here's a very short yet useful guide.
Get a distributor. Yes, they don't sound like investors, but it helps to see them that way. Why so? A typical one will bear the costs in some way, and help sell the product. These things are what a good investor would do. Typically, with a new product, you can expect to get anywhere from 2 to 9 percent of the selling price, though this can vary.
Sell though a TV marketing company – you know the ones. You see them on late night television, or on cable channels that sell goods. And yes, they don't sound like investors, but it will help to look at them that way.
Read more >> http://internationalpatentservice.com/Getting-Investors-Ultra-Quick-Tips.html
Labels:
Patent
How To Trademark Your Logo Design
By: Admin
Finding the perfect logo design for your business can be a big task all by itself. Once you finally find a logo designer or use a logo maker and finish up your logo, it’s time to consider doing a trademark on your logo. Probably only 90% of people that have a logo design actually trademark the design. It’s not completely necessary to have a trademark to protect your design. If you can prove your design was designed and paid for by you, this can sometimes be enough to protect your design. If you are worried about someone stealing your logo and you are unsure if you should trademark it, then just trademark the logo and set your mind at ease.
Pursuing your own business can bring about a whole range of feelings, from excitement to tedium. However, one of the more exciting activities to engage in is the design of the company’s logo. Your logo will give off the first impression of your company, over and over, as it is displayed for all to see. That could mean adverts, websites, business cards, billboards, and even commercials. While you want your logo to represent you in the best ways possible, you also have to make sure that you are representing your logo correctly. In order to do this, you need to trademark your logo and we’re going to tell you how to go about it. From large businesses to smaller businesses, there is a way for everyone – depending on how thoroughly you want to personally own your logo.
Read more >> http://www.youngupstarts.com/2019/12/26/how-to-trademark-your-logo-design/
Finding the perfect logo design for your business can be a big task all by itself. Once you finally find a logo designer or use a logo maker and finish up your logo, it’s time to consider doing a trademark on your logo. Probably only 90% of people that have a logo design actually trademark the design. It’s not completely necessary to have a trademark to protect your design. If you can prove your design was designed and paid for by you, this can sometimes be enough to protect your design. If you are worried about someone stealing your logo and you are unsure if you should trademark it, then just trademark the logo and set your mind at ease.
Pursuing your own business can bring about a whole range of feelings, from excitement to tedium. However, one of the more exciting activities to engage in is the design of the company’s logo. Your logo will give off the first impression of your company, over and over, as it is displayed for all to see. That could mean adverts, websites, business cards, billboards, and even commercials. While you want your logo to represent you in the best ways possible, you also have to make sure that you are representing your logo correctly. In order to do this, you need to trademark your logo and we’re going to tell you how to go about it. From large businesses to smaller businesses, there is a way for everyone – depending on how thoroughly you want to personally own your logo.
Read more >> http://www.youngupstarts.com/2019/12/26/how-to-trademark-your-logo-design/
Labels:
Trademark
GETTING INVESTORS – SURPRISING TYPES
By: Michael J Foycik Jr.
Dec 24, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
So, you need an investor. Probably to start a new business and launch a new product. Here's a very short yet useful guide to some surprising types of investor.
Get a distributor. Yes, they don't sound like investors, but it helps to see them that way. Why so? A typical one will bear the costs in some way, and help sell the product. These things are what a good investor would do. Typically, with a new product, you can expect to get anywhere from 2 to 9 percent of the selling price, though this can vary.
Sell though a TV marketing company – you know the ones. You see them on late night television, or on cable channels that sell goods. And yes, they don't sound like investors, but it will help to look at them that way. A typical one will help with the costs in come way, and perhaps even with the development and testing of the product. These are things a good investor might do. Typically, one might expect anywhere from 2 to 4 percent of the selling price.
Go to an investment club. There are surprisingly many if you look. Try online searches, and word-of-mouth if necessary. Ask around, especially in local businesses, where the owner might well belong to such an investment club. A good investor will take about 10 to 50 percent of your business, in exchange for investment money and possibly expertise. A good investor will know how to help you succeed!
Read more >> http://internationalpatentservice.com/Getting-Investors-Surprising-Types.html
Dec 24, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
So, you need an investor. Probably to start a new business and launch a new product. Here's a very short yet useful guide to some surprising types of investor.
Get a distributor. Yes, they don't sound like investors, but it helps to see them that way. Why so? A typical one will bear the costs in some way, and help sell the product. These things are what a good investor would do. Typically, with a new product, you can expect to get anywhere from 2 to 9 percent of the selling price, though this can vary.
Sell though a TV marketing company – you know the ones. You see them on late night television, or on cable channels that sell goods. And yes, they don't sound like investors, but it will help to look at them that way. A typical one will help with the costs in come way, and perhaps even with the development and testing of the product. These are things a good investor might do. Typically, one might expect anywhere from 2 to 4 percent of the selling price.
Go to an investment club. There are surprisingly many if you look. Try online searches, and word-of-mouth if necessary. Ask around, especially in local businesses, where the owner might well belong to such an investment club. A good investor will take about 10 to 50 percent of your business, in exchange for investment money and possibly expertise. A good investor will know how to help you succeed!
Read more >> http://internationalpatentservice.com/Getting-Investors-Surprising-Types.html
Labels:
Patent
Alex Tame: Why Startups Need to Have a Global IP Strategy
By: Alex Tame
In an increasingly global economy, even startups need to consider where their companies fit in internationally. Entrepreneurs wear many hats — operations, marketing, engineering and sales among them — but few tout themselves as patent law experts. Often the last thing on their minds is an intellectual property (IP) strategy — but this can be costly in the long term.
Patent assertion entities (PAEs, also referred to as “patent trolls”) are a growing threat to companies in the UK. Patent trolls are companies whose primary revenue model is to acquire patents for the sole purpose of using them to sue other companies. They’re a big problem in the US, where they have resulted in more than 60 billion GBP in lost wealth annually, and where many UK startups look as a secondary market. They’re a growing problem in the EU, as German courts have proven to be favourable to trolls.
Startups doing business in these markets expose themselves to patent troll risk — and the cost of defending against those lawsuits — to the tune of 2.4 million GBP per suit — can easily put an early stage company out of business. Because of these risks, nearly 50 UK-based companies have joined LOT Network, including well-known names like Ocado and Boots.
Read more >> http://www.theuknewspaper.co.uk/why-startups-need-to-have-a-global-ip-strategy/
In an increasingly global economy, even startups need to consider where their companies fit in internationally. Entrepreneurs wear many hats — operations, marketing, engineering and sales among them — but few tout themselves as patent law experts. Often the last thing on their minds is an intellectual property (IP) strategy — but this can be costly in the long term.
Patent assertion entities (PAEs, also referred to as “patent trolls”) are a growing threat to companies in the UK. Patent trolls are companies whose primary revenue model is to acquire patents for the sole purpose of using them to sue other companies. They’re a big problem in the US, where they have resulted in more than 60 billion GBP in lost wealth annually, and where many UK startups look as a secondary market. They’re a growing problem in the EU, as German courts have proven to be favourable to trolls.
Startups doing business in these markets expose themselves to patent troll risk — and the cost of defending against those lawsuits — to the tune of 2.4 million GBP per suit — can easily put an early stage company out of business. Because of these risks, nearly 50 UK-based companies have joined LOT Network, including well-known names like Ocado and Boots.
Read more >> http://www.theuknewspaper.co.uk/why-startups-need-to-have-a-global-ip-strategy/
Labels:
Startup
WHAT IS TRADEMARK
By: Michael J Foycik Jr.
Dec. 20, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
WHAT IS TRADEMARK. . .
> protection
> application
> infringement
A trademark is any mark, logo, or phrase that serves to distinguish one source of goods from another.
When a trademark is in actual use in commerce, common law trademark rights can often exist even without a registered trademark. These can be enforced in state courts.
A federally registered trademark can be enforced in federal courts. To get a registered trademark, it is necessary to first file a US Trademark Application.
Such an application needs the information noted in the query form shown on this page.
A trademark search is strongly recommended. Skill is required in interpreting the results, since even identical trademarks can be registered if they are in sufficiently different classes of goods/services.
To get started now:
No money is needed to get started. Once we receive the above-noted information for a trademark application, we perform a free, informal search of the trademark records and advise if a serious obstacle exists in the form of a prior similar trademark application. There is no cost or obligation for this. An experienced trademark attorney interprets the results of the informal search.
Read more >> http://internationalpatentservice.com/What-is-Trademark.html
Dec. 20, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
WHAT IS TRADEMARK. . .
> protection
> application
> infringement
A trademark is any mark, logo, or phrase that serves to distinguish one source of goods from another.
When a trademark is in actual use in commerce, common law trademark rights can often exist even without a registered trademark. These can be enforced in state courts.
A federally registered trademark can be enforced in federal courts. To get a registered trademark, it is necessary to first file a US Trademark Application.
Such an application needs the information noted in the query form shown on this page.
A trademark search is strongly recommended. Skill is required in interpreting the results, since even identical trademarks can be registered if they are in sufficiently different classes of goods/services.
To get started now:
No money is needed to get started. Once we receive the above-noted information for a trademark application, we perform a free, informal search of the trademark records and advise if a serious obstacle exists in the form of a prior similar trademark application. There is no cost or obligation for this. An experienced trademark attorney interprets the results of the informal search.
Read more >> http://internationalpatentservice.com/What-is-Trademark.html
Labels:
Trademark
4 Key Questions Every Entrepreneur Should Ask About Intellectual Property ("IP")
By: Mark Getty
To avoid early missteps in protecting valuable business intellectual property, every entrepreneur should regularly ask himself or herself the following questions about their intangible assets.
1. What IP does my business currently own?
> Take an accounting of all trademarks, inventions, trade secrets, confidential information, or other proprietary information currently owned. For a quick & easy primer on the various types of intellectual property and what legal protections may be available, a brief summary can be found here.
> If you are new or small business, start with a simple spreadsheet that tracks the type, status, & description of all IP owned, and update the spreadsheet regularly with details such as: (1) the date any pending applications or registrations were filed, (2) the date that responses to any official correspondence are due (for example to the USPTO), and (3) the date any applications/registrations expire or need to be renewed.
> Keep in mind that you may own the IP personally if you are an early stage company (or simply a sole proprietorship). You may consider assigning any patent or trademark applications/registrations from you personally to the company to add valuable assets to the company (or license them if you would prefer to keep title).
Read more >> https://www.startupheartup.com/blog/4-questions-every-business-owner-should-ask-about-intellectual-property-ip
To avoid early missteps in protecting valuable business intellectual property, every entrepreneur should regularly ask himself or herself the following questions about their intangible assets.
1. What IP does my business currently own?
> Take an accounting of all trademarks, inventions, trade secrets, confidential information, or other proprietary information currently owned. For a quick & easy primer on the various types of intellectual property and what legal protections may be available, a brief summary can be found here.
> If you are new or small business, start with a simple spreadsheet that tracks the type, status, & description of all IP owned, and update the spreadsheet regularly with details such as: (1) the date any pending applications or registrations were filed, (2) the date that responses to any official correspondence are due (for example to the USPTO), and (3) the date any applications/registrations expire or need to be renewed.
> Keep in mind that you may own the IP personally if you are an early stage company (or simply a sole proprietorship). You may consider assigning any patent or trademark applications/registrations from you personally to the company to add valuable assets to the company (or license them if you would prefer to keep title).
Read more >> https://www.startupheartup.com/blog/4-questions-every-business-owner-should-ask-about-intellectual-property-ip
Labels:
Intellectual Property
Electronics Inventions Facing Patent Legal Adversity – Surprisingly Good News For Your Inventive Electronics!
By: Michael J Foycik Jr.
Dec 16, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
You may already know the patent hurdles facing inventions related to electonics. Over the last few years, the federal appellate courts have sharply limited what is and is not a patentable electronic invention.
At one major example, the case In re Bilski limited electronics and software claims to those that require hardware. Here's a very short listing of objections that have recently been seen: mere data-gathering is not a sufficient role for the device; the device is not truly needed to execute the invention and merely carries out the steps; and the device employs transformative steps that require no particular machine. Those are major hurdles to overcome. Yet, there are more such hurdles.
But, that's actually very good news for inventors in electronics! With fewer patents, it is easier for a new one to dominate a valuable technical area. Or, if you have a late inventive entry into a field and worry that you may be too late, an absence of patents could allow you in. And, of course, your invention may be the one to prevail, if your attorney knows what to do.
Read more >> http://internationalpatentservice.com/Electronics-Inventions-Facing-Patent-Legal-Adversity.html
Dec 16, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
You may already know the patent hurdles facing inventions related to electonics. Over the last few years, the federal appellate courts have sharply limited what is and is not a patentable electronic invention.
At one major example, the case In re Bilski limited electronics and software claims to those that require hardware. Here's a very short listing of objections that have recently been seen: mere data-gathering is not a sufficient role for the device; the device is not truly needed to execute the invention and merely carries out the steps; and the device employs transformative steps that require no particular machine. Those are major hurdles to overcome. Yet, there are more such hurdles.
But, that's actually very good news for inventors in electronics! With fewer patents, it is easier for a new one to dominate a valuable technical area. Or, if you have a late inventive entry into a field and worry that you may be too late, an absence of patents could allow you in. And, of course, your invention may be the one to prevail, if your attorney knows what to do.
Read more >> http://internationalpatentservice.com/Electronics-Inventions-Facing-Patent-Legal-Adversity.html
Labels:
Patent
Beyond Patents: The Problems of Non-Traditional Trademark Protection for Medicines and Health Technologies
By: Irene Calboli
In November 2015, the United Nations Secretary General convened a High-Level Panel on Access to Health Technologies. The Panel’s objective was “to propose solutions for addressing the incoherencies between international human rights, trade, intellectual property rights, and public health objectives.” In a Report issued in September 2016, the Panel discussed how countries worldwide could use the flexibilities in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) to foster research and development of health technologies. Unsurprisingly, the Panel’s report focused on patent law. Yet, in the Report’s Annexes, it was highlighted that other IP rights, such as trademarks and copyright, can also “exert monopolistic effects in the market,” and that the effects of these rights can “rival those associated with patents and with a far greater duration” due to their different terms and scope of protection.1 As a result, it was noted, more attention should be paid to these rights “to tackle the[ir] combined effects … on the cost, distribution, and accessibility of medicines and health technologies.”2
Similar to the Panel’s Report, academic scholarship on access to medicines and health technologies continues to focus largely on patents and related limitations and exceptions to patent rights.3 This is of course understandable, considering the primary role patents play in the research and development and the exclusive market distribution of medicines and health technologies.
Read more >> https://link.springer.com/article/10.1007/s40319-019-00893-y
In November 2015, the United Nations Secretary General convened a High-Level Panel on Access to Health Technologies. The Panel’s objective was “to propose solutions for addressing the incoherencies between international human rights, trade, intellectual property rights, and public health objectives.” In a Report issued in September 2016, the Panel discussed how countries worldwide could use the flexibilities in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) to foster research and development of health technologies. Unsurprisingly, the Panel’s report focused on patent law. Yet, in the Report’s Annexes, it was highlighted that other IP rights, such as trademarks and copyright, can also “exert monopolistic effects in the market,” and that the effects of these rights can “rival those associated with patents and with a far greater duration” due to their different terms and scope of protection.1 As a result, it was noted, more attention should be paid to these rights “to tackle the[ir] combined effects … on the cost, distribution, and accessibility of medicines and health technologies.”2
Similar to the Panel’s Report, academic scholarship on access to medicines and health technologies continues to focus largely on patents and related limitations and exceptions to patent rights.3 This is of course understandable, considering the primary role patents play in the research and development and the exclusive market distribution of medicines and health technologies.
Read more >> https://link.springer.com/article/10.1007/s40319-019-00893-y
NDAs: Trick or Treat - Do They Help, and Should You Want One?
By: Michael J Foycik Jr.
Dec 9, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
If you're an inventor, you've probably seen an NDA (Non-Disclosure Agreement). Do NDAs really help? And, can NDAs be enforced? Is there anything tricky there? Good questions, and you might be surprised by the answers!
It would help to know that an NDA covers trade secrets. Yes, you want to show your invention to someone, and that invention is covered by a patent application. But, that means your invention is a trade secret (assuming you haven't already published it already). So, your invention can also be your trade secret.
If your invention is stolen (misappropriated), you would probably prefer tort damages, instead of contract damages or patent damages. Here's why: tort damages can be punitive in nature and can therefore be big even when the infraction is small. Contract damages tend to be limited to the provable amount of money lost (there are exceptions). Patent damages cover actual infringement situations, provide a percentage of the lost profits (as one example, and there are exceptions), and require an issued patent. Every case is different, and the above is just a rough guide – you'll need to talk with a lawyer for specific advice. Note that an NDA is a contract and often specifies the damages and the law to be applied.
Read more >> http://internationalpatentservice.com/Trick-or-Treat.html
Dec 9, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
If you're an inventor, you've probably seen an NDA (Non-Disclosure Agreement). Do NDAs really help? And, can NDAs be enforced? Is there anything tricky there? Good questions, and you might be surprised by the answers!
It would help to know that an NDA covers trade secrets. Yes, you want to show your invention to someone, and that invention is covered by a patent application. But, that means your invention is a trade secret (assuming you haven't already published it already). So, your invention can also be your trade secret.
If your invention is stolen (misappropriated), you would probably prefer tort damages, instead of contract damages or patent damages. Here's why: tort damages can be punitive in nature and can therefore be big even when the infraction is small. Contract damages tend to be limited to the provable amount of money lost (there are exceptions). Patent damages cover actual infringement situations, provide a percentage of the lost profits (as one example, and there are exceptions), and require an issued patent. Every case is different, and the above is just a rough guide – you'll need to talk with a lawyer for specific advice. Note that an NDA is a contract and often specifies the damages and the law to be applied.
Read more >> http://internationalpatentservice.com/Trick-or-Treat.html
Labels:
Patent
International Intellectual Property Rights: Everything Exporters Need to Know
By: Benjamin Williams
The importance of doing business internationally grows more significant every year. It is important to remember that not only does international business open up a world of possibilities, it also comes with risks you might not have considered before. This makes understanding your international intellectual property rights and how to fully protect your products and ideas all the more vital.
Intellectual property rights are exclusive rights given to creators to protect their creations for a specific period of time. These rights are granted through multiple different methods, including copyrights, trademarks, and patents. Before you can successfully export your products internationally, you must ensure that your products are fully protected through the right methods and in the right countries.
Trademarks and Service Marks
According to the USPTO, a trademark is “a word, phrase, symbol, or design that identifies and distinguishes the source of the goods of one party from those of others.” Trademarks protect any logos or brand names you use on your goods. This makes it illegal for other companies to use the same logo, brand name, or service mark or one so similar that it is indistinguishable from your original, which is called counterfeiting. Once you have ensured your trademark is federally registrable and legally protectable, you can move forward with the registration process.
Read more >> https://tradove.com/blog/International-Intellectual-Property-Rights-Everything-Exporters-Need-to-Know.html
The importance of doing business internationally grows more significant every year. It is important to remember that not only does international business open up a world of possibilities, it also comes with risks you might not have considered before. This makes understanding your international intellectual property rights and how to fully protect your products and ideas all the more vital.
Intellectual property rights are exclusive rights given to creators to protect their creations for a specific period of time. These rights are granted through multiple different methods, including copyrights, trademarks, and patents. Before you can successfully export your products internationally, you must ensure that your products are fully protected through the right methods and in the right countries.
Trademarks and Service Marks
According to the USPTO, a trademark is “a word, phrase, symbol, or design that identifies and distinguishes the source of the goods of one party from those of others.” Trademarks protect any logos or brand names you use on your goods. This makes it illegal for other companies to use the same logo, brand name, or service mark or one so similar that it is indistinguishable from your original, which is called counterfeiting. Once you have ensured your trademark is federally registrable and legally protectable, you can move forward with the registration process.
Read more >> https://tradove.com/blog/International-Intellectual-Property-Rights-Everything-Exporters-Need-to-Know.html
Labels:
Intellectual Property
Great Ways to Invent – Get Incredible Features In Your Invention
By: Michael J Foycik Jr.
Dec.4, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
You want your invention to become a really successful product. You want it to be patentable. But you're not sure how. No problem! Here is one of the best ways to do it.
You'll first want to find unusual new things – products or novelties in search of a use. You want really great things, the kind that will inspire your creativity: new electronics, new compounds, new physics, and novel compositions with unusual features.
Those things are easy to find in the patent category for toys and novelties, because that is the haven for inventions in search of utility. Why? Because of the US Patent requirement for utility: no utility, no patent. So, if your utility is unknown, yet the invention seems interesting in some way, the easiest utility is as a toy or amusement device.
But how can you see those things conveniently? That's so easy – use an online search by class/subclass using the patent office web site. At the US Patent Office site, do a search by Class/Subclass. For toys, the Class is 446. Subclasses are by topic, for example 446/15 is for toys with soap bubbles.
Read more >> http://internationalpatentservice.com/Great-Ways-to-Invent-Get-Incredible-Features-In-Your-Invention.html
Dec.4, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
You want your invention to become a really successful product. You want it to be patentable. But you're not sure how. No problem! Here is one of the best ways to do it.
You'll first want to find unusual new things – products or novelties in search of a use. You want really great things, the kind that will inspire your creativity: new electronics, new compounds, new physics, and novel compositions with unusual features.
Those things are easy to find in the patent category for toys and novelties, because that is the haven for inventions in search of utility. Why? Because of the US Patent requirement for utility: no utility, no patent. So, if your utility is unknown, yet the invention seems interesting in some way, the easiest utility is as a toy or amusement device.
But how can you see those things conveniently? That's so easy – use an online search by class/subclass using the patent office web site. At the US Patent Office site, do a search by Class/Subclass. For toys, the Class is 446. Subclasses are by topic, for example 446/15 is for toys with soap bubbles.
Read more >> http://internationalpatentservice.com/Great-Ways-to-Invent-Get-Incredible-Features-In-Your-Invention.html
Labels:
Patent
Patents in Asia-Pacific 2019/2020: The new innovation battleground
By: Jacob Schindler
Asia is the centre of the IP world, accounting for two-thirds of all patent, trademark and industrial design applications filed last year according to WIPO. Its importance will only grow as Chinese companies – already the world’s most prolific patent filers – continue to mature and tech firms from emerging markets seek to replicate their remarkable IP rise. Thinking about the future of patents in Asia, three key jurisdictions stand out. First is China, which as mentioned has already attained numerical supremacy in the patent world. The attempt of its leaders to shift towards a system that emphasises quality is a major initiative that could reshape the innovation landscape but will this effort survive a major trade standoff in which IP protection has become a crucial point of contention? The second place that patent owners are studying much more carefully is India. The country is a major engine of innovation, home to research and engineering campuses for some of global tech’s biggest players. For all that, India’s own companies have generated only a small volume of patent output compared to their peers across the region. But improving patent office efficiency and an uptick in enforcement through the courts are increasingly giving India a bigger role to play in patent strategies.
Read more >> https://www.iam-media.com/patents-asia-pacific-20192020-new-innovation-battleground
Asia is the centre of the IP world, accounting for two-thirds of all patent, trademark and industrial design applications filed last year according to WIPO. Its importance will only grow as Chinese companies – already the world’s most prolific patent filers – continue to mature and tech firms from emerging markets seek to replicate their remarkable IP rise. Thinking about the future of patents in Asia, three key jurisdictions stand out. First is China, which as mentioned has already attained numerical supremacy in the patent world. The attempt of its leaders to shift towards a system that emphasises quality is a major initiative that could reshape the innovation landscape but will this effort survive a major trade standoff in which IP protection has become a crucial point of contention? The second place that patent owners are studying much more carefully is India. The country is a major engine of innovation, home to research and engineering campuses for some of global tech’s biggest players. For all that, India’s own companies have generated only a small volume of patent output compared to their peers across the region. But improving patent office efficiency and an uptick in enforcement through the courts are increasingly giving India a bigger role to play in patent strategies.
Read more >> https://www.iam-media.com/patents-asia-pacific-20192020-new-innovation-battleground
Labels:
Patent
Costly Misconceptions About NDA's (Non-Disclosure Agreements)
By: Michael J Foycik Jr.
Dec.1, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
You (the owner) has an invention, a business idea, or a trade secret. To develop your invention, start a business, or talk with investors, you'll need to share information with these recipients, and you'll want protection before showing them anything. Many think an NDA (Non-Disclosure Agreement) will solve this problem, but there are major pitfalls to avoid. And, an NDA might not be the best solution anyway.
The biggest misconception, in my view: an NDA is intended to protect and help the owner of the invention, business idea, or trade secret. An NDA is much more likely to protect the recipient of the information, and not the owner. Let's see why that may be true.
Many NDA's provide for arbitration as a remedy rather than litigation, but that only benefits the richer party. Why? A court action can be filed for free or at very low cost, but an arbitration usually requires the payment of substantial fees up front, and more fees at later stages. When the recipient is a relatively substantial corporation or business, such fees may seem small, but to an individual or small businessperson such fees may be too great and they cannot enforce the NDA.
Read more >> http://internationalpatentservice.com/Costly-Misconceptions-About-NDA.html
Dec.1, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
You (the owner) has an invention, a business idea, or a trade secret. To develop your invention, start a business, or talk with investors, you'll need to share information with these recipients, and you'll want protection before showing them anything. Many think an NDA (Non-Disclosure Agreement) will solve this problem, but there are major pitfalls to avoid. And, an NDA might not be the best solution anyway.
The biggest misconception, in my view: an NDA is intended to protect and help the owner of the invention, business idea, or trade secret. An NDA is much more likely to protect the recipient of the information, and not the owner. Let's see why that may be true.
Many NDA's provide for arbitration as a remedy rather than litigation, but that only benefits the richer party. Why? A court action can be filed for free or at very low cost, but an arbitration usually requires the payment of substantial fees up front, and more fees at later stages. When the recipient is a relatively substantial corporation or business, such fees may seem small, but to an individual or small businessperson such fees may be too great and they cannot enforce the NDA.
Read more >> http://internationalpatentservice.com/Costly-Misconceptions-About-NDA.html
Labels:
Patent
A Guide To Keeping Your Intellectual Property Safe
By: Henry Comte Valasquez
Protecting intellectual property rights should be a top priority for a small business that creates new products. Intellectual property represents creations of the mind that have taken tangible forms such as writing or inventions. Written works are protected by copyrights, while inventions are protected by patents and names and symbols are protected by trademarks.
Patent Search
If you are introducing a new product to the market that is unlike anything that’s been marketed before, you should protect the invention with a patent or patent-pending status. A key step toward acquiring a patent is to conduct a patent search with the U.S. Patent and Trademark Office (USPTO). Find out if your new invention is similar to any patent of the past to avoid litigation. The process of filing a patent can take up to a few years.
Registering Works
An author can claim copyright ownership as soon as a piece of writing is presented to the public. Copyrights do not need to be registered with the Library of Congress, but it always helps in court cases to point to official registration dates of specific works. By registering the work you will be in a better position to litigate if someone infringes upon your writing. USPTO, as the name suggests, is the organization people turn to for registering a trademark.
Read more >> https://henrycomtevelasquez.com/a-guide-to-keeping-your-intellectual-property-safe/
Protecting intellectual property rights should be a top priority for a small business that creates new products. Intellectual property represents creations of the mind that have taken tangible forms such as writing or inventions. Written works are protected by copyrights, while inventions are protected by patents and names and symbols are protected by trademarks.
Patent Search
If you are introducing a new product to the market that is unlike anything that’s been marketed before, you should protect the invention with a patent or patent-pending status. A key step toward acquiring a patent is to conduct a patent search with the U.S. Patent and Trademark Office (USPTO). Find out if your new invention is similar to any patent of the past to avoid litigation. The process of filing a patent can take up to a few years.
Registering Works
An author can claim copyright ownership as soon as a piece of writing is presented to the public. Copyrights do not need to be registered with the Library of Congress, but it always helps in court cases to point to official registration dates of specific works. By registering the work you will be in a better position to litigate if someone infringes upon your writing. USPTO, as the name suggests, is the organization people turn to for registering a trademark.
Read more >> https://henrycomtevelasquez.com/a-guide-to-keeping-your-intellectual-property-safe/
Labels:
Intellectual Property
Patent Assignments - What Inventors Should Know
By: Michael J Foycik Jr.
Nov.29, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
If you're an inventor who is considering signing an Assignment of a patent or patent application, there are a few things you may want to know. Most questions concern the language of the Assignment itself, namely the promise to assign future improvements and to sign new patent applications related to the invention.
The typical Assignment includes language assigning the invention to the new owner (called the Assignee). That new owner is usually either an employer or someone who wishes to purchase the rights to the invention. For that new owner, some of the value of the invention may reside in the ability to file more patent applications, to make a family of products.
For example, let's say the invention is a big success; the new owner will surely want to file more patent applications for any likely variations that a competitor might try. And, let's say the original inventor has moved on to a new company or a new business. How much of a burden will be on that inventor, under the terms of the typical Assignment? And, what about new inventions the inventor later makes – will those need to be assigned to the new owner under the terms of the original Assignment?
The key to answering the above and other questions is in understanding the legal meaning of the term “invention” in the original Assignment. The term “invention” must necessarily refer to the invention as shown and described in the patent application, and to any “obvious” variations. Because the courts generally define the word “invention” in this manner, it would appear that the inventor's future obligations should not be overly burdensome.
Read more >> http://internationalpatentservice.com/Patent-Assignments-What-Inventors-Should-Know.html
Nov.29, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
If you're an inventor who is considering signing an Assignment of a patent or patent application, there are a few things you may want to know. Most questions concern the language of the Assignment itself, namely the promise to assign future improvements and to sign new patent applications related to the invention.
The typical Assignment includes language assigning the invention to the new owner (called the Assignee). That new owner is usually either an employer or someone who wishes to purchase the rights to the invention. For that new owner, some of the value of the invention may reside in the ability to file more patent applications, to make a family of products.
For example, let's say the invention is a big success; the new owner will surely want to file more patent applications for any likely variations that a competitor might try. And, let's say the original inventor has moved on to a new company or a new business. How much of a burden will be on that inventor, under the terms of the typical Assignment? And, what about new inventions the inventor later makes – will those need to be assigned to the new owner under the terms of the original Assignment?
The key to answering the above and other questions is in understanding the legal meaning of the term “invention” in the original Assignment. The term “invention” must necessarily refer to the invention as shown and described in the patent application, and to any “obvious” variations. Because the courts generally define the word “invention” in this manner, it would appear that the inventor's future obligations should not be overly burdensome.
Read more >> http://internationalpatentservice.com/Patent-Assignments-What-Inventors-Should-Know.html
Labels:
Patent
Legal Hiccups To Avoid To Prevent Your Startup From Failing
By: Isabella Rossellini
Your startup will surely crash and will be crushed if you do not have your legal house in order to prevent the hiccups that startups usually experience. When you ask any entrepreneur about the main ingredients that ensure success for startups, they will often come up with one word or short answers that will primarily include:
> Courage
> Perseverance
> Dedication
> Hard work
> A proper plan and
> A top-notch team, so on and so forth.
Yes, all these qualities are essential to ensure success for a startup and there is no question about it that these will give the companies a fighting chance to service the highly competitive market out there.
Reasons entrepreneurs overlook it
However, most of the people tend to overlook the legal aspects thinking it to be a boring stuff. However, this is extremely vital because you may soon have to roll down the shutters if the legal aspects in not accurate, just as it ought to be.
Read more >> https://adzis.com/blog/legal-hiccups-avoid-prevent-startup-failing/
Your startup will surely crash and will be crushed if you do not have your legal house in order to prevent the hiccups that startups usually experience. When you ask any entrepreneur about the main ingredients that ensure success for startups, they will often come up with one word or short answers that will primarily include:
> Courage
> Perseverance
> Dedication
> Hard work
> A proper plan and
> A top-notch team, so on and so forth.
Yes, all these qualities are essential to ensure success for a startup and there is no question about it that these will give the companies a fighting chance to service the highly competitive market out there.
Reasons entrepreneurs overlook it
However, most of the people tend to overlook the legal aspects thinking it to be a boring stuff. However, this is extremely vital because you may soon have to roll down the shutters if the legal aspects in not accurate, just as it ought to be.
Read more >> https://adzis.com/blog/legal-hiccups-avoid-prevent-startup-failing/
Labels:
Startup
Trade Secrets - Better Protection Than a Patent for New Products and Inventions?
By: Michael J Foycik Jr.
Nov.27, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
You can establish a trade secret overnight, but not a patent. A patent takes longer. And, even if you could, would it really provide much protection against copying by distributors, retailers, developers, or investors? Here's a surprisingly useful answer.
A trade secret has some big advantages. It is effective against anyone you have direct dealings with. The damages for a trade secret violation are not limited to direct damages – they can be large enough to justify legal action against even a small or token violation. This is very unlike a patent, where it is necessary to show actual, direct damages; those damages tend to be somewhat small; and where it can be quite difficult to obtain punitive damages.
So, why isn't there a “trade secret” office? And, why doesn't everyone go after a trade secret first, instead of a patent? Excellent questions. A patent protects your invention after it is no longer secret, and it affects strangers who may innocently infringe patent rights. So, a patent is very worthwhile, once you've gotten a good start. But until then, all you really have going for you are your trade secret rights.
Read more >> http://internationalpatentservice.com/Trade-Secrets-Better-Protection-Than-a-Patent-for-New-Products-and-Inventions.html
Nov.27, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
You can establish a trade secret overnight, but not a patent. A patent takes longer. And, even if you could, would it really provide much protection against copying by distributors, retailers, developers, or investors? Here's a surprisingly useful answer.
A trade secret has some big advantages. It is effective against anyone you have direct dealings with. The damages for a trade secret violation are not limited to direct damages – they can be large enough to justify legal action against even a small or token violation. This is very unlike a patent, where it is necessary to show actual, direct damages; those damages tend to be somewhat small; and where it can be quite difficult to obtain punitive damages.
So, why isn't there a “trade secret” office? And, why doesn't everyone go after a trade secret first, instead of a patent? Excellent questions. A patent protects your invention after it is no longer secret, and it affects strangers who may innocently infringe patent rights. So, a patent is very worthwhile, once you've gotten a good start. But until then, all you really have going for you are your trade secret rights.
Read more >> http://internationalpatentservice.com/Trade-Secrets-Better-Protection-Than-a-Patent-for-New-Products-and-Inventions.html
Labels:
Trademark
How to Use IP to Add Value to Your Startup
By: Patrick Jones
In the midst of the many things that go into starting a new business, it can be easy to overlook one of the most fundamental, and most valuable, aspects of any business: the protection of its intellectual property, or “IP.” And, even when the protection of IP is considered, protecting a startups can seem too expensive a proposition in light of limited resources.
What is “IP?”
The first questions a startup should ask are: What is “intellectual property,” and does my company have any “intellectual property” that can be protected and is worth protecting? The World Intellectual Property Organization (WIPO) defines “intellectual property” as “creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.” This may include the name of your company name or its brand, its logo, any patentable processes, and designs which enable your company to earn recognition or financial benefit from what it invents or creates.
There are three primary ways in which a startup (or any other entity) can protect its intellectual property: (1) patents, (2) trademarks, and (3) copyrights.
Read more >> https://www.upcounsel.com/blog/use-ip-add-value-startup
In the midst of the many things that go into starting a new business, it can be easy to overlook one of the most fundamental, and most valuable, aspects of any business: the protection of its intellectual property, or “IP.” And, even when the protection of IP is considered, protecting a startups can seem too expensive a proposition in light of limited resources.
What is “IP?”
The first questions a startup should ask are: What is “intellectual property,” and does my company have any “intellectual property” that can be protected and is worth protecting? The World Intellectual Property Organization (WIPO) defines “intellectual property” as “creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.” This may include the name of your company name or its brand, its logo, any patentable processes, and designs which enable your company to earn recognition or financial benefit from what it invents or creates.
There are three primary ways in which a startup (or any other entity) can protect its intellectual property: (1) patents, (2) trademarks, and (3) copyrights.
Read more >> https://www.upcounsel.com/blog/use-ip-add-value-startup
Labels:
Startup
Trademark Application Tips, and Some Ways to Avoid Pitfalls
By: Michael J Foycik Jr.
Nov.26, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Filing a trademark application? That may seem easy, but mistakes can be costly later, during the examination phase. Here are a few helpful tips, and a few pitfalls to avoid.
After a trademark application is filed, the U.S. Trademark Office conducts an examination of the application. For example, if there is both an objection and a refusal to register the mark, then a response will be necessary to meet the objection and to overcome the refusal to register. This happens frequently, and an experienced trademark attorney will likely know just what to do when writing the response.
In my experience, it pays to respond to every office action. Many issues are within the range of discretion of the trademark examining attorney, and good legal arguments in support of the trademark may well be persuasive. Some firms charge substantial sums of money to prepare responses, and other firms might charge much less - therefore it may pay to shop around.
A helpful tip: before filing a trademark application, find a cost effective trademark attorney. It is wise to assume things may not always go smoothly or quickly.
Read more >> http://internationalpatentservice.com/Trademark-Application-Tips-and-Some-Ways-to-Avoid-Pitfalls.html
Nov.26, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Filing a trademark application? That may seem easy, but mistakes can be costly later, during the examination phase. Here are a few helpful tips, and a few pitfalls to avoid.
After a trademark application is filed, the U.S. Trademark Office conducts an examination of the application. For example, if there is both an objection and a refusal to register the mark, then a response will be necessary to meet the objection and to overcome the refusal to register. This happens frequently, and an experienced trademark attorney will likely know just what to do when writing the response.
In my experience, it pays to respond to every office action. Many issues are within the range of discretion of the trademark examining attorney, and good legal arguments in support of the trademark may well be persuasive. Some firms charge substantial sums of money to prepare responses, and other firms might charge much less - therefore it may pay to shop around.
A helpful tip: before filing a trademark application, find a cost effective trademark attorney. It is wise to assume things may not always go smoothly or quickly.
Read more >> http://internationalpatentservice.com/Trademark-Application-Tips-and-Some-Ways-to-Avoid-Pitfalls.html
Labels:
Trademark
Myths and Misconceptions About International Patent Applications
By: Michael J Foycik Jr.
Nov.26, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Wondering about filing an international patent application? There are some myths and misconceptions about international patent applications, including what that phrase even means. Let's talk about that.
Myth: an international patent application can be filed that, when granted, turns into a patent giving patent rights in all countries. Fact: there is no such thing. This is probably the biggest patent myth.
Misconception: a PCT application is like a US patent application, and can turn into an issued patent. Fact: a PCT application is more like a bookmark in time, holding the date for other, later applications called “national stage” applications. A short explanation about PCT applications is in the following paragraph.
Most would think “PCT application” (Patent Cooperation Treaty application) when talking about international patent applications. Yet it is not a traditional application in the usual sense of that word, and so is a little tricky to understand. A PCT application is like a US patent application in some ways: it grants “patent pending” status; it confers rights to its filing date as a priority date for filing other patent applications; and, it grants a period of time in which to file other patent applications. However, it is unlike a US patent application in that it does not directly mature into a patent, and the time period conferred is different.
Read more >> http://internationalpatentservice.com/Myths-and-Misconceptions-About-International-Patent-Applications.html
Nov.26, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Wondering about filing an international patent application? There are some myths and misconceptions about international patent applications, including what that phrase even means. Let's talk about that.
Myth: an international patent application can be filed that, when granted, turns into a patent giving patent rights in all countries. Fact: there is no such thing. This is probably the biggest patent myth.
Misconception: a PCT application is like a US patent application, and can turn into an issued patent. Fact: a PCT application is more like a bookmark in time, holding the date for other, later applications called “national stage” applications. A short explanation about PCT applications is in the following paragraph.
Most would think “PCT application” (Patent Cooperation Treaty application) when talking about international patent applications. Yet it is not a traditional application in the usual sense of that word, and so is a little tricky to understand. A PCT application is like a US patent application in some ways: it grants “patent pending” status; it confers rights to its filing date as a priority date for filing other patent applications; and, it grants a period of time in which to file other patent applications. However, it is unlike a US patent application in that it does not directly mature into a patent, and the time period conferred is different.
Read more >> http://internationalpatentservice.com/Myths-and-Misconceptions-About-International-Patent-Applications.html
Labels:
Patent
The Problem of IPR Infringement in India’s Burgeoning Startup Ecosystem
By: Thehasin Nazia & Rajarshi Choudhuri
For a country of 1.3 billion people who pride themselves on ingenuity, entrepreneurial spirit, and innovative thinking, a significant percentage of the Indian population is woefully unaware of trademark infringement and intellectual property theft.
At the beginning of 2010, the Indian e-commerce scene was still in its nascent stage but within the next five years, the growth was unprecedented. This was a result of the rapid internet access proliferation combined with the telecom boom. The budget phone segment and the affordable data tariff pushed the tier-II and tier-III cities into the fore. Just to put things in perspective, according to recent studies, there are close to 600 million phone users in India with over 300 million smartphone owners, which is just 20 million shy of the population of the United States (as per 2018 records).
Read more >> https://www.ipwatchdog.com/2019/11/16/problem-ipr-infringement-indias-burgeoning-startup-ecosystem/id=116019/
For a country of 1.3 billion people who pride themselves on ingenuity, entrepreneurial spirit, and innovative thinking, a significant percentage of the Indian population is woefully unaware of trademark infringement and intellectual property theft.
At the beginning of 2010, the Indian e-commerce scene was still in its nascent stage but within the next five years, the growth was unprecedented. This was a result of the rapid internet access proliferation combined with the telecom boom. The budget phone segment and the affordable data tariff pushed the tier-II and tier-III cities into the fore. Just to put things in perspective, according to recent studies, there are close to 600 million phone users in India with over 300 million smartphone owners, which is just 20 million shy of the population of the United States (as per 2018 records).
Read more >> https://www.ipwatchdog.com/2019/11/16/problem-ipr-infringement-indias-burgeoning-startup-ecosystem/id=116019/
Labels:
Startup
Why Your Startup Company Might Need an International Patent Application; an Attorney's View
By: Michael J Foycik Jr.
Nov 25, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Your startup company has a valuable invention, and you're considering filing a US Patent Application. But, you're wondering whether or not to file an International Patent Application. The answer to that depends on various factors, as follows.
Worried about foreign competitors sending infringing products into US market? Your US patent application can stop them at the border if your file a complaint with the US Customs Service and meet the requirements. So, if your market is strictly the US market, then you might not need an international patent application. That might include a PCT application or an EU application.
Expecting a big success, or have investors expecting a big success? Then you might just need an international patent application. That's because you may be exporting goods into other countries, and would want patent protection in those countries.
When going after international patent protection, there are several ways to go. There is a PCT (Patent Cooperation Treaty) filing, which gives a kind of patent pending status in any designated foreign countries for roughly 30 to 32 months. This will require a national stage patent filing in the designated countries during that pendency.
Then there is an EU (European Union) patent filing, currently similar to the PCT filing. The EU application is changing for the better in the coming year, by including all EU member countries for a single filing. That is expected to represent a great cost savings. Previously, I might not have recommended an EU filing in all cases, but I expect to highly recommend the new EU filing once it is available.
Read more >> http://internationalpatentservice.com/Why-Your-Startup-Company-Might-Need.html
Nov 25, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Your startup company has a valuable invention, and you're considering filing a US Patent Application. But, you're wondering whether or not to file an International Patent Application. The answer to that depends on various factors, as follows.
Worried about foreign competitors sending infringing products into US market? Your US patent application can stop them at the border if your file a complaint with the US Customs Service and meet the requirements. So, if your market is strictly the US market, then you might not need an international patent application. That might include a PCT application or an EU application.
Expecting a big success, or have investors expecting a big success? Then you might just need an international patent application. That's because you may be exporting goods into other countries, and would want patent protection in those countries.
When going after international patent protection, there are several ways to go. There is a PCT (Patent Cooperation Treaty) filing, which gives a kind of patent pending status in any designated foreign countries for roughly 30 to 32 months. This will require a national stage patent filing in the designated countries during that pendency.
Then there is an EU (European Union) patent filing, currently similar to the PCT filing. The EU application is changing for the better in the coming year, by including all EU member countries for a single filing. That is expected to represent a great cost savings. Previously, I might not have recommended an EU filing in all cases, but I expect to highly recommend the new EU filing once it is available.
Read more >> http://internationalpatentservice.com/Why-Your-Startup-Company-Might-Need.html
Labels:
Startup
Drake’s attempt to trademark Canada’s weed warning label hits a stop sign
By: Max A. Cherney
Drake’s attempt to trademark Canada’s warning label for marijuana appears to have failed, but not entirely because Canada owns the rights.
The U.S. Patent and Trademark Office informed the rapper Thursday that his attempt to trademark the symbol, originally reported by MarketWatch earlier this month, is legally rejected. The main reason for rejecting the application, however, was that another company actually has a trademark for the phrase “THC.”
Canada’s rights to the warning label were cited as a reason for the application may be denied for specific products containing marijuana with Tetrahydrocannabinol, commonly referred to as THC, a psychoactive component in cannabis. All the potential uses cited by Drake in his patent application — which focused on most kinds of apparel, such as clothing, shoes and various kinds of hats — were denied because another company has the trademark on the phrase THC.
Read more >> https://www.marketwatch.com/story/drakes-attempt-to-trademark-canadas-weed-warning-label-hits-a-stop-sign-2019-11-23
Drake’s attempt to trademark Canada’s warning label for marijuana appears to have failed, but not entirely because Canada owns the rights.
The U.S. Patent and Trademark Office informed the rapper Thursday that his attempt to trademark the symbol, originally reported by MarketWatch earlier this month, is legally rejected. The main reason for rejecting the application, however, was that another company actually has a trademark for the phrase “THC.”
Canada’s rights to the warning label were cited as a reason for the application may be denied for specific products containing marijuana with Tetrahydrocannabinol, commonly referred to as THC, a psychoactive component in cannabis. All the potential uses cited by Drake in his patent application — which focused on most kinds of apparel, such as clothing, shoes and various kinds of hats — were denied because another company has the trademark on the phrase THC.
Read more >> https://www.marketwatch.com/story/drakes-attempt-to-trademark-canadas-weed-warning-label-hits-a-stop-sign-2019-11-23
Labels:
Trademark
How to Make Money from a Patent
By: Michael J Foycik Jr.
Nov.24, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
I am often asked how to make money from a patent, and that is an excellent question. There is the commonly known answer, and a lesser known but more important answer. The common answer is, a patent can be licensed or assigned. A license is similar to renting the patent, whereas an assignment is a sale of the patent. A license can be sold to more than one company, for example.
The less commonly known answer, though, is far more important to inventors and businesses. This answer concerns the patent application, which is not issued as a patent but instead is still pending. Thus, it is known to provide “patent pending” status. The question of how to make money from a patent then becomes one of how to make money from a patent pending. This too is done by license or assignment.
Surprisingly, a pending patent application is easier to sell or market, and many companies prefer a pending patent. The reason for this is simple, if considering a company's reasons for obtaining a patent. A company makes the most profits from having a family of related products rather than a single product. A pending patent application give its own the right to file related patent applications for related products, usually through continuation-in-part applications, and so can end up protecting whole families of related products.
Read more >> http://internationalpatentservice.com/How-to-Make-Money-from-a-Patent.html
Nov.24, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
I am often asked how to make money from a patent, and that is an excellent question. There is the commonly known answer, and a lesser known but more important answer. The common answer is, a patent can be licensed or assigned. A license is similar to renting the patent, whereas an assignment is a sale of the patent. A license can be sold to more than one company, for example.
The less commonly known answer, though, is far more important to inventors and businesses. This answer concerns the patent application, which is not issued as a patent but instead is still pending. Thus, it is known to provide “patent pending” status. The question of how to make money from a patent then becomes one of how to make money from a patent pending. This too is done by license or assignment.
Surprisingly, a pending patent application is easier to sell or market, and many companies prefer a pending patent. The reason for this is simple, if considering a company's reasons for obtaining a patent. A company makes the most profits from having a family of related products rather than a single product. A pending patent application give its own the right to file related patent applications for related products, usually through continuation-in-part applications, and so can end up protecting whole families of related products.
Read more >> http://internationalpatentservice.com/How-to-Make-Money-from-a-Patent.html
Labels:
Patent
Sony’s PS5 DualShock Controller Revealed In New Patent
By: Paul Tassi
Sony has finally filed its patents for the new PS5 DualShock Controller with the Japanese patent office, giving us our first look at the next generation of hardware.
It looks….pretty much the same.
The new PS5 DualShock does feature a few changes, a USB port, larger triggers and smaller sticks, but at first glance in these outline images, you’d be hard pressed to really see a difference between the two.
Most of the biggest changes to the DualShock are not external, as the overall layout is nearly identical, but rather internal, where Sony is using a new range of haptics that are meant to give more responsive, detailed feedback than ever, from slogging through mud to pulling a bow string. That’s something that isn’t going to be conveyed visually, but overall the design here seems to be “don’t mess with what works,” as has usually been the case with the DualShock over the years.
Read more >> https://www.forbes.com/sites/paultassi/2019/11/18/sonys-ps5-dualshock-controller-revealed-in-new-patent/#304aeade6fdc
Sony has finally filed its patents for the new PS5 DualShock Controller with the Japanese patent office, giving us our first look at the next generation of hardware.
It looks….pretty much the same.
The new PS5 DualShock does feature a few changes, a USB port, larger triggers and smaller sticks, but at first glance in these outline images, you’d be hard pressed to really see a difference between the two.
Most of the biggest changes to the DualShock are not external, as the overall layout is nearly identical, but rather internal, where Sony is using a new range of haptics that are meant to give more responsive, detailed feedback than ever, from slogging through mud to pulling a bow string. That’s something that isn’t going to be conveyed visually, but overall the design here seems to be “don’t mess with what works,” as has usually been the case with the DualShock over the years.
Read more >> https://www.forbes.com/sites/paultassi/2019/11/18/sonys-ps5-dualshock-controller-revealed-in-new-patent/#304aeade6fdc
Labels:
Patent
What is Infringement
By: Michael J Foycik Jr.
Nov.21, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
There are three main types:
> trademark infringement
> patent infringement
> copyright infringement
Trademark Infringement
This occurs when one party uses a trademark that is confusingly close to a trademark owned by another. It is simple to decide in cases where one party has a registered federal trademark and is the senior user.
A federal trademark confers nationwide rights, and can be enforced in federal courts. A non-registered trademark may nonetheless confer common law trademark rights. Common law trademark rights are enforced in state courts.
It can sometimes be that simple, and trials tend to be relatively short. Often, however, the situation is not clear, and sometimes – especially where both trademarks are common law trademarks and are not federally registered - it is hard to determine who is the senior user. In those cases, it can also be hard to tell whether or not the senior user's rights are substantial enough to stop a competitor.
Contact us if you are concerned about any trademark infringement matter, for a free initial consultation. There is no risk or obligation.
Read more >> http://internationalpatentservice.com/What-is-Infringement.html
Nov.21, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
There are three main types:
> trademark infringement
> patent infringement
> copyright infringement
Trademark Infringement
This occurs when one party uses a trademark that is confusingly close to a trademark owned by another. It is simple to decide in cases where one party has a registered federal trademark and is the senior user.
A federal trademark confers nationwide rights, and can be enforced in federal courts. A non-registered trademark may nonetheless confer common law trademark rights. Common law trademark rights are enforced in state courts.
It can sometimes be that simple, and trials tend to be relatively short. Often, however, the situation is not clear, and sometimes – especially where both trademarks are common law trademarks and are not federally registered - it is hard to determine who is the senior user. In those cases, it can also be hard to tell whether or not the senior user's rights are substantial enough to stop a competitor.
Contact us if you are concerned about any trademark infringement matter, for a free initial consultation. There is no risk or obligation.
Read more >> http://internationalpatentservice.com/What-is-Infringement.html
Labels:
Patent
Registering Your Slogan as a Trademark
By: Eric S. Wachspress
Slogans are registrable as trademarks as long as they are not merely informational or a common laudatory phrase or statement that would ordinarily be used in business or in the particular trade or industry. See Section 1209.03(s) of the U.S. Patent & Trademark Office’s Trademark Manual of Examining Procedure. Examples of such laudatory phrases or statements that would ordinarily be used in business and which have been refused registration included THE BEST BEER IN AMERICA, PROUDLY MADE IN USA & WHY PAY MORE!
Slogans are never registrable as copyrights because they contain an insufficient amount of authorship.
A copyright is a form of protection provided by the laws of the United States to the authors of “original works of authorship” that are fixed in a tangible form of expression and protects such works as literary works, computer programs, musical works, pictorial, graphic and sculptural works, motion pictures and sound recordings while a trademark would be any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods or services of one seller or provider from those of others, and to indicate the source of the goods or services.
Read more >> http://www.chicagotrademarkattorney.net/federally-registering-your-slogan-to-protect-it-and-selecting-a-slogan-to-give-your-product-a-strong-brand-identity/
Slogans are registrable as trademarks as long as they are not merely informational or a common laudatory phrase or statement that would ordinarily be used in business or in the particular trade or industry. See Section 1209.03(s) of the U.S. Patent & Trademark Office’s Trademark Manual of Examining Procedure. Examples of such laudatory phrases or statements that would ordinarily be used in business and which have been refused registration included THE BEST BEER IN AMERICA, PROUDLY MADE IN USA & WHY PAY MORE!
Slogans are never registrable as copyrights because they contain an insufficient amount of authorship.
A copyright is a form of protection provided by the laws of the United States to the authors of “original works of authorship” that are fixed in a tangible form of expression and protects such works as literary works, computer programs, musical works, pictorial, graphic and sculptural works, motion pictures and sound recordings while a trademark would be any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods or services of one seller or provider from those of others, and to indicate the source of the goods or services.
Read more >> http://www.chicagotrademarkattorney.net/federally-registering-your-slogan-to-protect-it-and-selecting-a-slogan-to-give-your-product-a-strong-brand-identity/
Labels:
Trademark
The AIA And Its Impact On The Independent Inventor
By: Michael J Foycik Jr.
Nov.19, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
The AIA And Its Impact On The Independent Inventor
By Michael Foycik ©2011
Used with permission.
The Leahy-Smith America Invents Act, AIA for short, proposes sweeping changes to the U.S. Patent legal system and to the U.S. Patent Office itself. The “first to file” provision is of the greatest importance to independent inventors. Most of the other changes are, more or less, administrative in nature, and will be covered in future articles. This article takes a brief look at the issues affecting the independent inventor, and especially the “first to file“ provision of the AIA.
Simply put, the “first to file” law would mean whoever is first to file a patent application will be deemed the true inventor. Sounds simple, but the law also provides for a possible “derivation proceeding” which would have a very limited scope.
What does this mean for the independent inventor? For one thing, it means even the best confidentiality agreements and NDAs (non-disclosure agreements) will have questionable value. It will be difficult, and very costly, to contest inventorship under the AIA. How costly? It depends, but even now the costs of contesting inventorship may be out of reach of most independent inventors; under the AIA, far greater hurdles will exist, and the cost will be higher.
Under the AIA, independent inventors would be well advised to first file a patent application (provisional or utility, either will suffice) before showing the invention to anyone.
Read more >> http://internationalpatentservice.com/The-Aia-And-Its-Impact-On-The-Independent-Inventor.html
Nov.19, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
The AIA And Its Impact On The Independent Inventor
By Michael Foycik ©2011
Used with permission.
The Leahy-Smith America Invents Act, AIA for short, proposes sweeping changes to the U.S. Patent legal system and to the U.S. Patent Office itself. The “first to file” provision is of the greatest importance to independent inventors. Most of the other changes are, more or less, administrative in nature, and will be covered in future articles. This article takes a brief look at the issues affecting the independent inventor, and especially the “first to file“ provision of the AIA.
Simply put, the “first to file” law would mean whoever is first to file a patent application will be deemed the true inventor. Sounds simple, but the law also provides for a possible “derivation proceeding” which would have a very limited scope.
What does this mean for the independent inventor? For one thing, it means even the best confidentiality agreements and NDAs (non-disclosure agreements) will have questionable value. It will be difficult, and very costly, to contest inventorship under the AIA. How costly? It depends, but even now the costs of contesting inventorship may be out of reach of most independent inventors; under the AIA, far greater hurdles will exist, and the cost will be higher.
Under the AIA, independent inventors would be well advised to first file a patent application (provisional or utility, either will suffice) before showing the invention to anyone.
Read more >> http://internationalpatentservice.com/The-Aia-And-Its-Impact-On-The-Independent-Inventor.html
Labels:
Patent
A Quick Guide to Cannabis Patents: What You Need to Know
By: Bill Weinberg
Amid the quick expansion of the legal cannabis market, many cannabis growers and business owners are pushing to secure intellectual property rights for the strains and products they’ve created.
Cannabis patents currently exist in a still-clouded regulatory atmosphere thanks to federal prohibition, but it’s still possible to receive one — and the cannabis industry is certainly rising to the challenge to secure their own rights to continue cultivating strains that have long been part of the genetic and intellectual commons.
In the midst of this push for protecting cannabis intellectual property, there has been a rash of court cases and developments that have changed the foundation of cannabis patents in America. So what does it mean for the average cannabis consumer, who perhaps has heard to be wary of the day a patent-wielding Monsanto enters the cannabis industry?
Read more >> https://cannabisnow.com/a-quick-guide-to-cannabis-patents-what-you-need-to-know/
Amid the quick expansion of the legal cannabis market, many cannabis growers and business owners are pushing to secure intellectual property rights for the strains and products they’ve created.
Cannabis patents currently exist in a still-clouded regulatory atmosphere thanks to federal prohibition, but it’s still possible to receive one — and the cannabis industry is certainly rising to the challenge to secure their own rights to continue cultivating strains that have long been part of the genetic and intellectual commons.
In the midst of this push for protecting cannabis intellectual property, there has been a rash of court cases and developments that have changed the foundation of cannabis patents in America. So what does it mean for the average cannabis consumer, who perhaps has heard to be wary of the day a patent-wielding Monsanto enters the cannabis industry?
Read more >> https://cannabisnow.com/a-quick-guide-to-cannabis-patents-what-you-need-to-know/
Labels:
Patent
Why Trademark
By: Michael J Foycik Jr.
Nov.18, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
WHY TRADEMARK. . .
> to sell a business
> to attract investors
> to stop competitors
> to protect a web site domain name
What you can trademark:
> a word, phrase, or slogan
> a logo or design
Competitors can trade on your good name. Unless, that is, you have strong trademark rights. And what rights are those? The best trademark rights would be based on a federally registered trademark.
If you want to protect your company's web site domain name, you will need to be able to prove trademark rights in the name itself. There is no surer way than ownership of a federally registered trademark, which can usually confer nationwide rights.
There are other trademark rights too: state registrations, and common law trademark rights. Those may be very worthwhile too, but may not have national scope.
Common law rights sometimes require proof of instances of actual confusion, but even then there is a question of proving priority, i.e. who was first.
Read more >> http://internationalpatentservice.com/Why-Trademark.html
Nov.18, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
WHY TRADEMARK. . .
> to sell a business
> to attract investors
> to stop competitors
> to protect a web site domain name
What you can trademark:
> a word, phrase, or slogan
> a logo or design
Competitors can trade on your good name. Unless, that is, you have strong trademark rights. And what rights are those? The best trademark rights would be based on a federally registered trademark.
If you want to protect your company's web site domain name, you will need to be able to prove trademark rights in the name itself. There is no surer way than ownership of a federally registered trademark, which can usually confer nationwide rights.
There are other trademark rights too: state registrations, and common law trademark rights. Those may be very worthwhile too, but may not have national scope.
Common law rights sometimes require proof of instances of actual confusion, but even then there is a question of proving priority, i.e. who was first.
Read more >> http://internationalpatentservice.com/Why-Trademark.html
Labels:
Trademark
Polsinelli Launches Seattle IP Team with Four Patent Attorneys
By: Stephanie Russell
Polsinelli has hired four female patent attorneys to launch a Seattle intellectual property team as part of a nationwide push to build its IP practice.
The new team is led by shareholders Emily C. Peyser and Margi Aoki and also includes counsel Katherine D. Lee and associate Jennifer Junkin. The lawyers previously practiced at the Seattle-based IP firm Christensen O’Connor Johnson Kindness.
“I’ve been watching Polsinelli because they have so many women in leadership and have been doing some exciting things around women in IP,” Peyser said. “The opportunity came up to join them and it was a really great platform.”
The firm plans to build the new Seattle IP team around this core group, who bring a wide range of experience in software, mechanical engineering, electrical engineering, chemical engineering and high tech.
Read more >> https://biglawbusiness.com/polsinelli-launches-seattle-ip-team-with-four-patent-attorneys
Polsinelli has hired four female patent attorneys to launch a Seattle intellectual property team as part of a nationwide push to build its IP practice.
The new team is led by shareholders Emily C. Peyser and Margi Aoki and also includes counsel Katherine D. Lee and associate Jennifer Junkin. The lawyers previously practiced at the Seattle-based IP firm Christensen O’Connor Johnson Kindness.
“I’ve been watching Polsinelli because they have so many women in leadership and have been doing some exciting things around women in IP,” Peyser said. “The opportunity came up to join them and it was a really great platform.”
The firm plans to build the new Seattle IP team around this core group, who bring a wide range of experience in software, mechanical engineering, electrical engineering, chemical engineering and high tech.
Read more >> https://biglawbusiness.com/polsinelli-launches-seattle-ip-team-with-four-patent-attorneys
Labels:
Patent
Do I Need A Patent?
By: Michael J Foycik Jr.
Nov.13, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
When – and why - do you need a patent?
You need a patent:
> If you wish to stop others from copying your invention.
> If you wish to protect yourself from competitors who may copy your invention and then try to patent it themselves.
> If your product is in stores and you are challenged by a competitor who claims they have patent rights of their own.
> If having a unique new product would allow you to set a much higher selling price.
> If it is important to impress potential investors, customers or retailers.
> If you want to stop illegal copies of your products from entering the U.S.
> If you hope to sell your business for a profit. Patent rights are often the most important asset of a successful business.
> If you hope to license your patented product to others.
And, there may be other reasons, in particular cases, for having a patent.
And, there's more! A patent is based on a patent application. Even before a patent application issues as a patent, the pending patent application can also give important benefits. These are as follows.
Read more >> http://internationalpatentservice.com/do-i-need-a-patent.html
Nov.13, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
When – and why - do you need a patent?
You need a patent:
> If you wish to stop others from copying your invention.
> If you wish to protect yourself from competitors who may copy your invention and then try to patent it themselves.
> If your product is in stores and you are challenged by a competitor who claims they have patent rights of their own.
> If having a unique new product would allow you to set a much higher selling price.
> If it is important to impress potential investors, customers or retailers.
> If you want to stop illegal copies of your products from entering the U.S.
> If you hope to sell your business for a profit. Patent rights are often the most important asset of a successful business.
> If you hope to license your patented product to others.
And, there may be other reasons, in particular cases, for having a patent.
And, there's more! A patent is based on a patent application. Even before a patent application issues as a patent, the pending patent application can also give important benefits. These are as follows.
Read more >> http://internationalpatentservice.com/do-i-need-a-patent.html
Labels:
Patent
Why Intellectual Property Protection Is Crucial For Startups
By: Dinesh Jotwani
> Patents level the playing field between startups and incumbents
> Investors are likely to invest in a startup that has patents in its name
> Unless a startup trademarks its logo, it may discover unscrupulous companies copying its logo
Nearly 90% of startups fail within their first five years. With the odds stacked against them, they need nearly everything to fall into place to succeed including Intellectual Property Rights.
A startup is essentially a disrupter. It disrupts an existing market by providing more convenient service, a service at a lower cost, or both. Every startup that enters a market believes it has a unique strategy. At the heart of every startup’s strategy is usually a technology and a clever name or attractive logo.
Read more >> https://inc42.com/resources/intellectual-property-protection-crucial-startups/
> Patents level the playing field between startups and incumbents
> Investors are likely to invest in a startup that has patents in its name
> Unless a startup trademarks its logo, it may discover unscrupulous companies copying its logo
Nearly 90% of startups fail within their first five years. With the odds stacked against them, they need nearly everything to fall into place to succeed including Intellectual Property Rights.
A startup is essentially a disrupter. It disrupts an existing market by providing more convenient service, a service at a lower cost, or both. Every startup that enters a market believes it has a unique strategy. At the heart of every startup’s strategy is usually a technology and a clever name or attractive logo.
Read more >> https://inc42.com/resources/intellectual-property-protection-crucial-startups/
Labels:
Intellectual Property,
Startup
Steps For Getting A Patent
By: Michael J Foycik Jr.
Nov. 10, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Steps For Getting a Patent
These are the basic steps for getting a patent.
First, file a patent application which describes and claims the invention.
Then, respond to any official actions received from the U.S. Patent Office. If the official action is a rejection, then a response will provide arguments in support of patentability and possibly changes to the claims.
Assuming the application is deemed patentable (the majority are), then a Notice of Allowance and Issue Fee Due is sent. Upon payment of the issue fee, a patent will issue.
It is that simple. This whole process can take anywhere from 12 months to 36 months, depending entirely on the U.S. Patent Examiner to which the application is officially assigned.
A more detailed explanation is as follows.
Preparing the patent application
First, you provide details about the invention, and we prepare a draft application together with draft drawings, for your review. This draft includes the claims, abstract, summary of the invention, background of the invention, and detailed description of the invention. We make any changes or additions you wish to make, at no additional charge. We charge half of the fixed service fee in advance for this draft.
Read more >> http://internationalpatentservice.com/steps-for-getting-a-patent.html
Nov. 10, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Steps For Getting a Patent
These are the basic steps for getting a patent.
First, file a patent application which describes and claims the invention.
Then, respond to any official actions received from the U.S. Patent Office. If the official action is a rejection, then a response will provide arguments in support of patentability and possibly changes to the claims.
Assuming the application is deemed patentable (the majority are), then a Notice of Allowance and Issue Fee Due is sent. Upon payment of the issue fee, a patent will issue.
It is that simple. This whole process can take anywhere from 12 months to 36 months, depending entirely on the U.S. Patent Examiner to which the application is officially assigned.
A more detailed explanation is as follows.
Preparing the patent application
First, you provide details about the invention, and we prepare a draft application together with draft drawings, for your review. This draft includes the claims, abstract, summary of the invention, background of the invention, and detailed description of the invention. We make any changes or additions you wish to make, at no additional charge. We charge half of the fixed service fee in advance for this draft.
Read more >> http://internationalpatentservice.com/steps-for-getting-a-patent.html
Labels:
Patent
What You Should Know about Intellectual Property
By: Steve Cartwright
Modern technology has made it so much easier to get your materials out there. You can share ideas and pictures with the whole world and use it to make money. But just as it’s easier to share, it’s also easier to steal. That’s why it’s important to know the laws and protect yourself.
Before we talk about the laws behind intellectual property, we should probably talk about what intellectual property is. Intellectual property is anything that comes out of your head, whether it be an idea, writing, art, or a picture.
Just because someone can reproduce what you make doesn’t mean it’s legal for them to do so. Intellectual property can usually be divided into four categories: patents, trademarks, copyrights, and trade secrets.
While you’re likely heard all these terms, here’s a quick breakdown of exactly what they mean.
* Copyright. This protects items that are produced by the imagination, but are tangible, like books and songs. To be protected, you must apply for a copyright, which requires you to fill out forms, pay a fee, and provide a copy.
Read more >> https://website-designs.com/website-design/what-you-should-know-about-intellectual-property/
Modern technology has made it so much easier to get your materials out there. You can share ideas and pictures with the whole world and use it to make money. But just as it’s easier to share, it’s also easier to steal. That’s why it’s important to know the laws and protect yourself.
Before we talk about the laws behind intellectual property, we should probably talk about what intellectual property is. Intellectual property is anything that comes out of your head, whether it be an idea, writing, art, or a picture.
Just because someone can reproduce what you make doesn’t mean it’s legal for them to do so. Intellectual property can usually be divided into four categories: patents, trademarks, copyrights, and trade secrets.
While you’re likely heard all these terms, here’s a quick breakdown of exactly what they mean.
* Copyright. This protects items that are produced by the imagination, but are tangible, like books and songs. To be protected, you must apply for a copyright, which requires you to fill out forms, pay a fee, and provide a copy.
Read more >> https://website-designs.com/website-design/what-you-should-know-about-intellectual-property/
Labels:
Intellectual Property
How to Get a Patent
By: Michael J Foycik Jr.
Nov. 5, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
How to Get a Patent
How to get a Patent? That’s a good question! The short and long answers are below.
The short answer is : In the US, file a US Utility Patent Application, or a US Design Patent Application. Note that a US Provisional Patent Application does not become a US Patent, but does give “patent pending” status.
And, do you need a US Patent Attorney? Yes and No. In theory, a patent application can be filed by the inventor. Due to the great number of legal technicalities and chances of losing rights by use of poor legal language or by failing to add the right legal language, most authorities believe it is by far the best course of action to have a US Patent Attorney prepare the patent application. Some very experienced inventors might prepare their own patent applications, although that is not common.
The longer answer is:
These are the basic steps for how to get a patent. For a Utility Patent, the goal is to get broad claims allowed by the US Patent Office, and which become part of an Issued Patent. The claims define the scope of what is legally protected by the issued patent.
The inventor should write a description of the invention, and make sketches or drawings which can show the invention. The description and drawings do not have to be very detailed, as long as they clearly explain what the inventor believes is new.
Read more >> http://internationalpatentservice.com/how-to-get-a-patent.html
Nov. 5, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
How to Get a Patent
How to get a Patent? That’s a good question! The short and long answers are below.
The short answer is : In the US, file a US Utility Patent Application, or a US Design Patent Application. Note that a US Provisional Patent Application does not become a US Patent, but does give “patent pending” status.
And, do you need a US Patent Attorney? Yes and No. In theory, a patent application can be filed by the inventor. Due to the great number of legal technicalities and chances of losing rights by use of poor legal language or by failing to add the right legal language, most authorities believe it is by far the best course of action to have a US Patent Attorney prepare the patent application. Some very experienced inventors might prepare their own patent applications, although that is not common.
The longer answer is:
These are the basic steps for how to get a patent. For a Utility Patent, the goal is to get broad claims allowed by the US Patent Office, and which become part of an Issued Patent. The claims define the scope of what is legally protected by the issued patent.
The inventor should write a description of the invention, and make sketches or drawings which can show the invention. The description and drawings do not have to be very detailed, as long as they clearly explain what the inventor believes is new.
Read more >> http://internationalpatentservice.com/how-to-get-a-patent.html
Labels:
Patent
Why Is Every Startup A Bank These Days?
By: Alex Wilhelm, Natasha Mascarenhas
Nov. 3, 2019
Neo banks (a fancy term to describe upstart digital banks working on everything from savings and checking accounts to mobile debit cards) focus on bringing banking services to users both underbanked and not.
But, notably, it’s not just startups that started off life looking to build a neo bank who are building out banking-like services. In fact, so many startups are racing to offer banking tools that an early outline of this piece had to be amended to break the examples into several sections for the sake of bucketing and clarity.
In the coming weeks, we’ll explore more deeply why the startup banking gold-rush is under way. Today we’ll lay out the players and talk over the broad strokes of what’s going on.
Recent News
News broke earlier this month that Chime, a well-known startup that we’ve covered before, is in the process of raising new capital at what Axios pegged as a “valuation north of $5 billion.” The news wasn’t too surprising. Chime has been on a tear lately, raising a $200 million round this March, and $70 million the preceding May.
Read more >> https://news.crunchbase.com/news/why-is-every-startup-a-bank-these-days/
Nov. 3, 2019
Neo banks (a fancy term to describe upstart digital banks working on everything from savings and checking accounts to mobile debit cards) focus on bringing banking services to users both underbanked and not.
But, notably, it’s not just startups that started off life looking to build a neo bank who are building out banking-like services. In fact, so many startups are racing to offer banking tools that an early outline of this piece had to be amended to break the examples into several sections for the sake of bucketing and clarity.
In the coming weeks, we’ll explore more deeply why the startup banking gold-rush is under way. Today we’ll lay out the players and talk over the broad strokes of what’s going on.
Recent News
News broke earlier this month that Chime, a well-known startup that we’ve covered before, is in the process of raising new capital at what Axios pegged as a “valuation north of $5 billion.” The news wasn’t too surprising. Chime has been on a tear lately, raising a $200 million round this March, and $70 million the preceding May.
Read more >> https://news.crunchbase.com/news/why-is-every-startup-a-bank-these-days/
Labels:
Startup
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