By: Michael J Foycik Jr.
July 01, 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
How to Staff Your Startup Team
By: Arlen Meyers
Every entrepreneur who has succeeded or failed (is there a difference?) has advice about how to get the right people on the bus. What questions should you ask at the interview? What character traits should you seek and how do you do that? How much is science and how much is just going with your gut and whether you click?
What Google found was that interview scores had no correlation with performance, of those who got hired.
Likewise, advisors or potential employees want to find the right fit as well. The rules are somewhat different when it comes to the board of directors, the management team, employees, consultants and advisors.
Maybe flipping a coin or a job lottery would save a bunch of time and money and get the same results.
I’ve been on both sides of the table so allow me share my two cents on how to staff your startup:
> Hope for the best and expect to fire fast. Give yourself lots of wiggle room.
> Don’t hire hood ornaments (doctors with fancy credentials that you parade on your website and pitch deck) unless you simply need one for credibility and really don’t expect them to do much more.
> Clarify expectations, timelines and benchmarks
> Rent advisors, don’t buy them
> Barter, don’t rent, if possible
> Expect most people to put a hand up, not show up
Read more >> https://www.innovationexcellence.com/blog/2019/06/28/how-to-staff-your-startup-team/
Every entrepreneur who has succeeded or failed (is there a difference?) has advice about how to get the right people on the bus. What questions should you ask at the interview? What character traits should you seek and how do you do that? How much is science and how much is just going with your gut and whether you click?
What Google found was that interview scores had no correlation with performance, of those who got hired.
Likewise, advisors or potential employees want to find the right fit as well. The rules are somewhat different when it comes to the board of directors, the management team, employees, consultants and advisors.
Maybe flipping a coin or a job lottery would save a bunch of time and money and get the same results.
I’ve been on both sides of the table so allow me share my two cents on how to staff your startup:
> Hope for the best and expect to fire fast. Give yourself lots of wiggle room.
> Don’t hire hood ornaments (doctors with fancy credentials that you parade on your website and pitch deck) unless you simply need one for credibility and really don’t expect them to do much more.
> Clarify expectations, timelines and benchmarks
> Rent advisors, don’t buy them
> Barter, don’t rent, if possible
> Expect most people to put a hand up, not show up
Read more >> https://www.innovationexcellence.com/blog/2019/06/28/how-to-staff-your-startup-team/
How to Make Money from a Patent
By: Michael J Foycik Jr.
June 28, 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.
Attorney Advice on: How to Make Money from a Patent
by Michael Foycik, registered US patent attorney
April 18, 2013
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
June 28, 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.
Attorney Advice on: How to Make Money from a Patent
by Michael Foycik, registered US patent attorney
April 18, 2013
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
Microsoft gives 500 patents to startups
By: Frederic Lardinois
Microsoft today announced a major expansion of its Azure IP Advantage program, which provides its Azure users with protection against patent trolls. This program now also provides customers who are building IoT solutions that connect to Azure with access to 10,000 patents to defend themselves against intellectual property lawsuits.
What’s maybe most interesting here, though, is that Microsoft is also donating 500 patents to startups in the LOT Network. This organization, which counts companies like Amazon, Facebook, Google, Microsoft, Netflix, SAP, Epic Games, Ford, GM, Lyft and Uber among its close to 400 members, is designed to protect companies against patent trolls by giving them access to a wide library of patents from its member companies and other sources.
“The LOT Network is really committed to helping address the proliferation of intellectual property lawsuits, especially ones that are brought by non-practicing entities, or so-called trolls,” Microsoft CVP and Deputy General Counsel Erich Andersen told me.
This new program goes well beyond basic protection from patent trolls, though. Qualified startups who join the LOT Network can acquire Microsoft patents as part of their free membership and as Andersen stressed, the startups will own them outright. The LOT network will be able to provide its startup members with up to three patents from this collection.
Read more >> https://techcrunch.com/2019/03/28/microsoft-gives-500-patents-to-startups/
Microsoft today announced a major expansion of its Azure IP Advantage program, which provides its Azure users with protection against patent trolls. This program now also provides customers who are building IoT solutions that connect to Azure with access to 10,000 patents to defend themselves against intellectual property lawsuits.
What’s maybe most interesting here, though, is that Microsoft is also donating 500 patents to startups in the LOT Network. This organization, which counts companies like Amazon, Facebook, Google, Microsoft, Netflix, SAP, Epic Games, Ford, GM, Lyft and Uber among its close to 400 members, is designed to protect companies against patent trolls by giving them access to a wide library of patents from its member companies and other sources.
“The LOT Network is really committed to helping address the proliferation of intellectual property lawsuits, especially ones that are brought by non-practicing entities, or so-called trolls,” Microsoft CVP and Deputy General Counsel Erich Andersen told me.
This new program goes well beyond basic protection from patent trolls, though. Qualified startups who join the LOT Network can acquire Microsoft patents as part of their free membership and as Andersen stressed, the startups will own them outright. The LOT network will be able to provide its startup members with up to three patents from this collection.
Read more >> https://techcrunch.com/2019/03/28/microsoft-gives-500-patents-to-startups/
What is the Meaning of “Patent”
By: Michael J Foycik Jr.
June 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.
Attorney Advice on: What is the Meaning of “Patent”
by Michael Foycik, registered US patent attorney
April 18, 2013
An important legal question is, what is the meaning of “patent” and, how is it relevant to inventors and businesspersons. The simplest answer is that a patent is a monopoly for a limited time, which is granted by a governmental entity.
In the US, there are several main types of patent: design; utility; provisional. But, what is the meaning of “patent” when there are several types? Again, a short answer will be helpful, explained as follows.
A design patent covers the ornamental features of an invention which are non-functional - imagine an unusual perfume bottle shape as an example. A utility patent covers only features which are functional, rather than ornamental – think of a car engine as an example. A provisional patent is somewhat like a utility patent application but exists for only one year. So, the answer to the question what is the meaning of “patent” is that it depends on the type of invention and the type of protection needed.
The lifetime of a US patent also differs, depending on the type. A utility patent provides patent protection, typically, for 17 years.
Read more >> http://internationalpatentservice.com/What-is-the-Meaning-of-Patent.html
June 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.
Attorney Advice on: What is the Meaning of “Patent”
by Michael Foycik, registered US patent attorney
April 18, 2013
An important legal question is, what is the meaning of “patent” and, how is it relevant to inventors and businesspersons. The simplest answer is that a patent is a monopoly for a limited time, which is granted by a governmental entity.
In the US, there are several main types of patent: design; utility; provisional. But, what is the meaning of “patent” when there are several types? Again, a short answer will be helpful, explained as follows.
A design patent covers the ornamental features of an invention which are non-functional - imagine an unusual perfume bottle shape as an example. A utility patent covers only features which are functional, rather than ornamental – think of a car engine as an example. A provisional patent is somewhat like a utility patent application but exists for only one year. So, the answer to the question what is the meaning of “patent” is that it depends on the type of invention and the type of protection needed.
The lifetime of a US patent also differs, depending on the type. A utility patent provides patent protection, typically, for 17 years.
Read more >> http://internationalpatentservice.com/What-is-the-Meaning-of-Patent.html
AI Patents Increase Your Startup’s Valuation—But How?
By: Dr. Dvorah Graeser
In our last two blog posts on AI, we covered AI and Patents 101, plus the increasingly hot AI patent wars. We talked about how important it is for you to file fast, before someone else files first – and blocks you.
As a startup, it’s inevitable that you’ll eventually look to gain more funding to continue working on all of your cool AI projects, or even grow your customer base. When you’ve maxed out all of your crowdsourcing funds, where do you turn? You’ll likely end up seeking funding from a venture capital firm (VC).
However, many entrepreneurs are unsure what VCs will ask when it comes time to pitch. With all of the resources floating around the internet, it may be hard to discern facts from fiction. Here’s a straight-forward guide to VCs, valuation, and AI. No sales pitch involved, we promise.
Let’s get down to business. So, what is it that VCs are looking for? Naturally, VCs care about your company’s valuation—and with valuation, the question of assets is on the table. A patent is an asset.
You may have heard us say in previous blogposts that VCs “love” patents. But let’s break that down. Let’s start with the word “VC” – it stands for venture capital, or venture capitalist in this case. These are the people who take a big risk and fund your startup, hoping for a big return. VC’s love patents because they are real property in a virtual world and because they have a multiplier effect. They allow your startup to “punch” above its weight, and compete with the big-time tech players.
Read more >> https://kisspatent.com/resources/ai-patents-increase-your-startups-valuationbut-how
In our last two blog posts on AI, we covered AI and Patents 101, plus the increasingly hot AI patent wars. We talked about how important it is for you to file fast, before someone else files first – and blocks you.
As a startup, it’s inevitable that you’ll eventually look to gain more funding to continue working on all of your cool AI projects, or even grow your customer base. When you’ve maxed out all of your crowdsourcing funds, where do you turn? You’ll likely end up seeking funding from a venture capital firm (VC).
However, many entrepreneurs are unsure what VCs will ask when it comes time to pitch. With all of the resources floating around the internet, it may be hard to discern facts from fiction. Here’s a straight-forward guide to VCs, valuation, and AI. No sales pitch involved, we promise.
Let’s get down to business. So, what is it that VCs are looking for? Naturally, VCs care about your company’s valuation—and with valuation, the question of assets is on the table. A patent is an asset.
You may have heard us say in previous blogposts that VCs “love” patents. But let’s break that down. Let’s start with the word “VC” – it stands for venture capital, or venture capitalist in this case. These are the people who take a big risk and fund your startup, hoping for a big return. VC’s love patents because they are real property in a virtual world and because they have a multiplier effect. They allow your startup to “punch” above its weight, and compete with the big-time tech players.
Read more >> https://kisspatent.com/resources/ai-patents-increase-your-startups-valuationbut-how
What is Trademark
By: Michael J Foycik Jr.
June 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.
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
June 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.
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
5 Things Startups Need To Know About Trademarks
By: Chris Heer
Trademarks are key brand assets for every business. Your customers associate them with your company and its reputation and they help distinguish your products and services from your competitors in a crowded marketplace.
For startups, it’s important to establish and protect your trademarks right from the beginning. Otherwise, you risk major headaches down the road.
Here are five things new business owners need to know about trademarks.
1. Your Company Name Is Not Automatically Your Trademark
In the process of incorporating your business, you were probably required to register a corporate name under which you would be doing business.
A corporate name approved as part of the incorporation process allows your company to operate a business using that name within the province or territory registered, or across the country, if registered under federal legislation.
If your corporate name is not identical to the name of your business as it appears to your customers, you would have also needed to register the latter as a “business” or “trade” name.
Note that neither of these registrations relates to the use of your name as a trademark. To claim an exclusive right to the use of your name as a trademark, you will need to file an application to register your mark with the intellectual property office in the jurisdictions in which you do business.
2. Registration is Important
For some startup companies, trademark registration may not initially be seen as a top priority. Having not yet acquired a reputation to protect, and having limited financial resources, companies may be reluctant to incur the expense. If you’ve done research, you may think you can rely on the common law to protect your mark.
Read more >> https://startup.unitelvoice.com/trademarks
Trademarks are key brand assets for every business. Your customers associate them with your company and its reputation and they help distinguish your products and services from your competitors in a crowded marketplace.
For startups, it’s important to establish and protect your trademarks right from the beginning. Otherwise, you risk major headaches down the road.
Here are five things new business owners need to know about trademarks.
1. Your Company Name Is Not Automatically Your Trademark
In the process of incorporating your business, you were probably required to register a corporate name under which you would be doing business.
A corporate name approved as part of the incorporation process allows your company to operate a business using that name within the province or territory registered, or across the country, if registered under federal legislation.
If your corporate name is not identical to the name of your business as it appears to your customers, you would have also needed to register the latter as a “business” or “trade” name.
Note that neither of these registrations relates to the use of your name as a trademark. To claim an exclusive right to the use of your name as a trademark, you will need to file an application to register your mark with the intellectual property office in the jurisdictions in which you do business.
2. Registration is Important
For some startup companies, trademark registration may not initially be seen as a top priority. Having not yet acquired a reputation to protect, and having limited financial resources, companies may be reluctant to incur the expense. If you’ve done research, you may think you can rely on the common law to protect your mark.
Read more >> https://startup.unitelvoice.com/trademarks
What is Infringement
By: Michael J Foycik Jr.
June 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.
Some common questions are: what kind of damages can be awarded; how much does a trademark infringement lawsuit cost; what kinds of risks exist.
Read more >> http://internationalpatentservice.com/What-is-Infringement.html
June 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.
Some common questions are: what kind of damages can be awarded; how much does a trademark infringement lawsuit cost; what kinds of risks exist.
Read more >> http://internationalpatentservice.com/What-is-Infringement.html
Protecting IP assets key to success of startups
By: Ritika Agarwal
Recent efforts by the government, investors and innovators have helped facilitate the growth of budding businesses in India. While the initial plans for any business involve indispensable demands and priorities, protection of intellectual property (IP) is often overlooked, mostly due to the costs involved. However, IP may prove to be a crucial asset for a startup on its road to success.
A preliminary search for IP assets such as patents, trademarks, copyrights and designs can give entrepreneurs an idea about the chance of success for their startup and its underlying business model. For example, if a similar patent, trademark, or design, which forms the key basis of the business model already exists, the entrepreneur is in a better position to evaluate the business model and ascertain whether a modification is required to avoid future conflicts. They can then decide on the amount of investment to be made, or whether to go ahead with it at all.
The protection of IP assets may also save a startup from future conflicts and litigation, creating legal security for its business and allowing it to channel its resources towards business development. Entrepreneurs often ask IP attorneys about protecting their “business ideas”, which is not possible. However, a well-planned IP protection strategy may be one way to successfully protect their business models from being copied.
Read more >> https://www.vantageasia.com/intellectual-property-protection-success-startups/
Recent efforts by the government, investors and innovators have helped facilitate the growth of budding businesses in India. While the initial plans for any business involve indispensable demands and priorities, protection of intellectual property (IP) is often overlooked, mostly due to the costs involved. However, IP may prove to be a crucial asset for a startup on its road to success.
A preliminary search for IP assets such as patents, trademarks, copyrights and designs can give entrepreneurs an idea about the chance of success for their startup and its underlying business model. For example, if a similar patent, trademark, or design, which forms the key basis of the business model already exists, the entrepreneur is in a better position to evaluate the business model and ascertain whether a modification is required to avoid future conflicts. They can then decide on the amount of investment to be made, or whether to go ahead with it at all.
The protection of IP assets may also save a startup from future conflicts and litigation, creating legal security for its business and allowing it to channel its resources towards business development. Entrepreneurs often ask IP attorneys about protecting their “business ideas”, which is not possible. However, a well-planned IP protection strategy may be one way to successfully protect their business models from being copied.
Read more >> https://www.vantageasia.com/intellectual-property-protection-success-startups/
The AIA And Its Impact On The Independent Inventor
By: Michael J Foycik Jr.
June 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.
This is already my recommendation to inventors: file a patent application first! Do this before you show it. Do not trust in agreements or contracts to protect your rights. Too costly, you say? Not true! A provisional patent application is very cost effective, gives substantial rights, and the government filing fee is relatively low. And, if you can’t afford the government filing fee, there are even some work-around solutions for that, which I may write about in a future article.
Read more >> http://internationalpatentservice.com/The-Aia-And-Its-Impact-On-The-Independent-Inventor.html
June 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.
This is already my recommendation to inventors: file a patent application first! Do this before you show it. Do not trust in agreements or contracts to protect your rights. Too costly, you say? Not true! A provisional patent application is very cost effective, gives substantial rights, and the government filing fee is relatively low. And, if you can’t afford the government filing fee, there are even some work-around solutions for that, which I may write about in a future article.
Read more >> http://internationalpatentservice.com/The-Aia-And-Its-Impact-On-The-Independent-Inventor.html
VW breaks with Amazon-funded autonomy startup for one backed by Ford
By: Sean O'Kane
Volkswagen Group has ended a partnership with Aurora Innovation, the autonomy startup founded by former Google self-driving head Chris Urmson, as was first reported by the Financial Times. Aurora was supposed to provide Volkswagen with a full tech stack it calls the “Driver,” which would enable completely autonomous cars, not a driver assistance system (like what’s available on Audi’s cars).
Volkswagen was one of Aurora’s first customers. The two companies announced the deal at the 2018 Consumer Electronics Show, though they had been working together for at least a year before that. The deal was supposed to end this June, according to two people familiar with the terms, and Volkswagen declined to sign a new one.
To keep its self-driving efforts moving forward, Volkswagen is reportedly pursuing a new deal with Ford-backed startup Argo AI. Volkswagen and Ford announced a “global alliance” in January that’s centered on trucks and vans, though both companies said collaborations on electric and autonomous vehicles were possible. Volkswagen was also rumored to be investing nearly $2 billion in Argo earlier this year, though no deal has gone through. (It also reportedly tried to buy Aurora last year.)
Read more >> https://www.theverge.com/2019/6/11/18661517/vw-amazon-ford-self-driving-car-startup-funding
Volkswagen Group has ended a partnership with Aurora Innovation, the autonomy startup founded by former Google self-driving head Chris Urmson, as was first reported by the Financial Times. Aurora was supposed to provide Volkswagen with a full tech stack it calls the “Driver,” which would enable completely autonomous cars, not a driver assistance system (like what’s available on Audi’s cars).
Volkswagen was one of Aurora’s first customers. The two companies announced the deal at the 2018 Consumer Electronics Show, though they had been working together for at least a year before that. The deal was supposed to end this June, according to two people familiar with the terms, and Volkswagen declined to sign a new one.
To keep its self-driving efforts moving forward, Volkswagen is reportedly pursuing a new deal with Ford-backed startup Argo AI. Volkswagen and Ford announced a “global alliance” in January that’s centered on trucks and vans, though both companies said collaborations on electric and autonomous vehicles were possible. Volkswagen was also rumored to be investing nearly $2 billion in Argo earlier this year, though no deal has gone through. (It also reportedly tried to buy Aurora last year.)
Read more >> https://www.theverge.com/2019/6/11/18661517/vw-amazon-ford-self-driving-car-startup-funding
US & USPTO Trademark
By: Michael J Foycik Jr.
June 17, 2016
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
US & USPTO TRADEMARK GENERAL INFORMATION
Preparing a US Trademark Application
To start, the trademark owner will have chosen a word, phrase, or design as their trademark. The trademark is what is applied to the goods or services, and is NOT usually the company’s name. For example, a company named XYZ which sells garments will attach a label to those garments with a trademark such as the fashion designer’s name, and NOT with the name of their company. To claim trademark rights, the symbol “TM” can be used, preferably as a superscript after the trademark. Alternatively it can be written in parentheses after the trademark. Example: If the trademark is “Wise“, it can be written as Wise™.
A US Trademark Lawyer, also called a US Trademark Attorney, can prepare a US Trademark Application for filing with the USPTO. The US Trademark Lawyer will draft a trademark application using a description of the goods/services together with a drawing showing the trademark, where the “drawing“ is often just the typed word in capital letters. That format encompasses all variations of that mark, within the laws pertaining to how marks are used. For example, the typed drawing in all capital letters will encompass an infringing use of the mark in script letters, or as part of a larger drawing.
The draft application is sent to the owner of the trademark, and changes can be made if necessary. We do not add any additional charge for making changes to the application at this stage. When the draft is finalized, the owner signs a form claiming ownership of the trademark application. Once it is filed, it receives a Serial Number and an Official Filing Receipt, and thus becomes an official US Trademark Application.
Read more >> http://internationalpatentservice.com/US-USPTO-Trademark.html
June 17, 2016
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
US & USPTO TRADEMARK GENERAL INFORMATION
Preparing a US Trademark Application
To start, the trademark owner will have chosen a word, phrase, or design as their trademark. The trademark is what is applied to the goods or services, and is NOT usually the company’s name. For example, a company named XYZ which sells garments will attach a label to those garments with a trademark such as the fashion designer’s name, and NOT with the name of their company. To claim trademark rights, the symbol “TM” can be used, preferably as a superscript after the trademark. Alternatively it can be written in parentheses after the trademark. Example: If the trademark is “Wise“, it can be written as Wise™.
A US Trademark Lawyer, also called a US Trademark Attorney, can prepare a US Trademark Application for filing with the USPTO. The US Trademark Lawyer will draft a trademark application using a description of the goods/services together with a drawing showing the trademark, where the “drawing“ is often just the typed word in capital letters. That format encompasses all variations of that mark, within the laws pertaining to how marks are used. For example, the typed drawing in all capital letters will encompass an infringing use of the mark in script letters, or as part of a larger drawing.
The draft application is sent to the owner of the trademark, and changes can be made if necessary. We do not add any additional charge for making changes to the application at this stage. When the draft is finalized, the owner signs a form claiming ownership of the trademark application. Once it is filed, it receives a Serial Number and an Official Filing Receipt, and thus becomes an official US Trademark Application.
Read more >> http://internationalpatentservice.com/US-USPTO-Trademark.html
Enforcing your Trademark Rights in Korea: IP Protection Strategies for Korea
By: Sean Hayes
Please register all of your trademarks and other intellectual property in Korea. Yes, your “international filing” is not good enough. You must, before engaging in any additional consideration of doing business in Korea register your IP in Korea. Don’t even read further. Contact us and we will happily advise a good patent/trademark agent to utilize. No need to get a law firm to do this for you – the agents are, typically, adequate for most non-complex filings.
After registering all your IP in Korea, please follow, at a minimum this simply advise.
> Do a Comprehensive Intellectual Property Audit. Form a team to audit all your intellectual property including your patents, trademarks, servicemarks, books, manuals, videos, software, know-how, and trade secrets. The purpose of this Audit is to determine if all of your IP is registered and properly safeguarded. This is discussed more at: Protecting Your Intellectual Property in Korea. Register if you find additional IP.
> Educate Korean Customs
A few professionals in Korea, including professionals at IPG, do presentations to Customs informing Customs agents on how to spot counterfeit products. If you don’t do this good luck. Customs is overburdened and are unlikely to be able to determine a decent fake from real a product.
> Engage Actively Customs and the Prosecution
Speaks for itself. If you are no on-the-ground in Korea, get a local company to assist.
Read more >> https://www.thekoreanlawblog.com/2013/07/enforcing-your-trademark-rights-in.html
Please register all of your trademarks and other intellectual property in Korea. Yes, your “international filing” is not good enough. You must, before engaging in any additional consideration of doing business in Korea register your IP in Korea. Don’t even read further. Contact us and we will happily advise a good patent/trademark agent to utilize. No need to get a law firm to do this for you – the agents are, typically, adequate for most non-complex filings.
After registering all your IP in Korea, please follow, at a minimum this simply advise.
> Do a Comprehensive Intellectual Property Audit. Form a team to audit all your intellectual property including your patents, trademarks, servicemarks, books, manuals, videos, software, know-how, and trade secrets. The purpose of this Audit is to determine if all of your IP is registered and properly safeguarded. This is discussed more at: Protecting Your Intellectual Property in Korea. Register if you find additional IP.
> Educate Korean Customs
A few professionals in Korea, including professionals at IPG, do presentations to Customs informing Customs agents on how to spot counterfeit products. If you don’t do this good luck. Customs is overburdened and are unlikely to be able to determine a decent fake from real a product.
> Engage Actively Customs and the Prosecution
Speaks for itself. If you are no on-the-ground in Korea, get a local company to assist.
Read more >> https://www.thekoreanlawblog.com/2013/07/enforcing-your-trademark-rights-in.html
Do I Need A Patent?
By: Michael J Foycik Jr.
June 14, 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.
Read more >> http://internationalpatentservice.com/do-i-need-a-patent.html
June 14, 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.
Read more >> http://internationalpatentservice.com/do-i-need-a-patent.html
Why Intellectual Property is Important for Your Business and What You Should be Doing Now to Protect It
By: Darren Heitner
Intellectual property comes in various formats, including trademarks, copyrights and patents. While most large businesses have created and maintain enforcement on a large intellectual property portfolio, many small or medium-sized enterprises (SMEs) wait too long into their development to get serious about intellectual property protection. You want to be proactive with intellectual property in the early stages of your business, but protection alone can cost a lot of money in dealing with lawyers specialized in the space.
To make matters worse, the cost and difficulty in enforcing intellectual property rights can place a large burden on SMEs that would rather focus on growth-related opportunities and scaling their business at the lowest cost possible. As a lawyer who handles a lot of intellectual property matters, from trademark filings to infringement litigation, I understand the complexities that many small business owners face in this difficult area of the law.
Here are a few things you should consider in the realm of intellectual property.
What are the biggest challenges with intellectual property protection?
I have worked with many companies in protecting their valuable intellectual property within the U.S. After filing for protection in the U.S., they often realize that, as they grow internationally, a U.S. Patent and Trademark Office trademark registration only goes so far. Specifically, it only goes as far as the borders of the U.S.
Read more >> https://www.inc.com/darren-heitner/why-intellectual-property-is-important-for-your-business-what-you-should-be-doing-now-to-protect-it.html
Intellectual property comes in various formats, including trademarks, copyrights and patents. While most large businesses have created and maintain enforcement on a large intellectual property portfolio, many small or medium-sized enterprises (SMEs) wait too long into their development to get serious about intellectual property protection. You want to be proactive with intellectual property in the early stages of your business, but protection alone can cost a lot of money in dealing with lawyers specialized in the space.
To make matters worse, the cost and difficulty in enforcing intellectual property rights can place a large burden on SMEs that would rather focus on growth-related opportunities and scaling their business at the lowest cost possible. As a lawyer who handles a lot of intellectual property matters, from trademark filings to infringement litigation, I understand the complexities that many small business owners face in this difficult area of the law.
Here are a few things you should consider in the realm of intellectual property.
What are the biggest challenges with intellectual property protection?
I have worked with many companies in protecting their valuable intellectual property within the U.S. After filing for protection in the U.S., they often realize that, as they grow internationally, a U.S. Patent and Trademark Office trademark registration only goes so far. Specifically, it only goes as far as the borders of the U.S.
Read more >> https://www.inc.com/darren-heitner/why-intellectual-property-is-important-for-your-business-what-you-should-be-doing-now-to-protect-it.html
Steps For Getting A Patent
By: Michael J Foycik Jr.
June 12, 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
June 12, 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
Startup Pre-Seed Funding - 5 Steps to Successful Pre-Seed Funding
By: BRADFORD HALL
5 Steps to Successful Pre-Seed Funding
Pre-seed funding is becoming increasingly popular for entrepreneurs as investors’ expectations for emerging companies continue to rise. While all means of raising capital for your business ventures can be viable, this particular one requires a specific type of preparation to set yourself and your business up for success. Adhering to the following standards can make your startup more attractive to pre-seed investors.
1. Have a quantifiable path to profitability
The pre-seed round is set apart for many reasons, one of the most prominent being that most pre-seed stage companies are not yet profitable. This can make some investors, those who don’t specialize in one specific round, nervous. Put investors at ease by clearly outlining your business’ path to profitability.
A thoughtful plan that serves as a long-term roadmap can be more important than a shortcut. Keep your estimates attainable and concise. Don’t force investors to go hunting for the profitability statements, either. Emphasize strategy and transparency in this tactic. To win investors you need to build trust and credibility. Including this information in an executive summary and expanding upon it in financial statements is essential to achieving both trust and credibility.
2. Show proof of concept
Similar to path to profitability, proof of concept is key in winning over investors. Whatever your business has done to test your ideas, assumptions or products needs to be communicated clearly and transparently to your potential investors. Consider bringing in actual test models or results and sharing your expanded takeaways.
If your original tests led you to make changes, communicate these updates with investors. Demonstrating that your business can pivot toward a more successful offering will show investors your ingenuity and flexibility within the grand scheme of your business plan.
Read more >> http://vc-list.com/5-steps-successful-pre-seed-funding/
5 Steps to Successful Pre-Seed Funding
Pre-seed funding is becoming increasingly popular for entrepreneurs as investors’ expectations for emerging companies continue to rise. While all means of raising capital for your business ventures can be viable, this particular one requires a specific type of preparation to set yourself and your business up for success. Adhering to the following standards can make your startup more attractive to pre-seed investors.
1. Have a quantifiable path to profitability
The pre-seed round is set apart for many reasons, one of the most prominent being that most pre-seed stage companies are not yet profitable. This can make some investors, those who don’t specialize in one specific round, nervous. Put investors at ease by clearly outlining your business’ path to profitability.
A thoughtful plan that serves as a long-term roadmap can be more important than a shortcut. Keep your estimates attainable and concise. Don’t force investors to go hunting for the profitability statements, either. Emphasize strategy and transparency in this tactic. To win investors you need to build trust and credibility. Including this information in an executive summary and expanding upon it in financial statements is essential to achieving both trust and credibility.
2. Show proof of concept
Similar to path to profitability, proof of concept is key in winning over investors. Whatever your business has done to test your ideas, assumptions or products needs to be communicated clearly and transparently to your potential investors. Consider bringing in actual test models or results and sharing your expanded takeaways.
If your original tests led you to make changes, communicate these updates with investors. Demonstrating that your business can pivot toward a more successful offering will show investors your ingenuity and flexibility within the grand scheme of your business plan.
Read more >> http://vc-list.com/5-steps-successful-pre-seed-funding/
International Trademark Classes
By: Michael J Foycik Jr.
June 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.
International Trademark Classes
INTERNATIONAL TRADEMARK CLASSES OF GOODS AND SERVICES
GOODS
Class 1 - Chemicals
Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry.
Class 2 - Paints
Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists.
Class 3 - Cosmetics and cleaning preparations
Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.
Class 4 - Lubricants and fuels
Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles, wicks.
Class 5 - Pharmaceuticals
Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.
Class 6 - Metal goods
Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores.
Read more >> http://www.internationalpatentservice.com/trademark-classes.html
June 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.
International Trademark Classes
INTERNATIONAL TRADEMARK CLASSES OF GOODS AND SERVICES
GOODS
Class 1 - Chemicals
Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry.
Class 2 - Paints
Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists.
Class 3 - Cosmetics and cleaning preparations
Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.
Class 4 - Lubricants and fuels
Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles, wicks.
Class 5 - Pharmaceuticals
Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.
Class 6 - Metal goods
Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores.
Read more >> http://www.internationalpatentservice.com/trademark-classes.html
Twitter bags deep learning talent behind London startup, Fabula AI – TechCrunch
By: Viralamo
Twitter has just announced it has picked up London-based Fabula AI. The deep learning startup has been developing technology to try to identify online disinformation by looking at patterns in how fake stuff vs genuine news spreads online — making it an obvious fit for the rumor-riled social network.
Social media giants remain under increasing political pressure to get a handle on online disinformation to ensure that manipulative messages don’t, for example, get a free pass to fiddle with democratic processes.
Twitter says the acquisition of Fabula will help it build out its internal machine learning capabilities — writing that the UK startup’s “world-class team of machine learning researchers” will feed an internal research group it’s building out, led by Sandeep Pandey, its head of ML/AI engineering.
This research group will focus on “a few key strategic areas such as natural language processing, reinforcement learning, ML ethics, recommendation systems, and graph deep learning” — now with Fabula co-founder and chief scientist, Michael Bronstein, as a leading light within it.
Bronstein is chair in machine learning & pattern recognition at Imperial College, London — a position he will remain while leading graph deep learning research at Twitter.
Fabula’s chief technologist, Federico Monti — another co-founder, who began the collaboration that underpin’s the patented technology with Bronstein while at the University of Lugano, Switzerland — is also joining Twitter.
Read more >> https://www.viralamo.com/twitter-bags-deep-learning-talent-behind-london-startup-fabula-ai-techcrunch/
Twitter has just announced it has picked up London-based Fabula AI. The deep learning startup has been developing technology to try to identify online disinformation by looking at patterns in how fake stuff vs genuine news spreads online — making it an obvious fit for the rumor-riled social network.
Social media giants remain under increasing political pressure to get a handle on online disinformation to ensure that manipulative messages don’t, for example, get a free pass to fiddle with democratic processes.
Twitter says the acquisition of Fabula will help it build out its internal machine learning capabilities — writing that the UK startup’s “world-class team of machine learning researchers” will feed an internal research group it’s building out, led by Sandeep Pandey, its head of ML/AI engineering.
This research group will focus on “a few key strategic areas such as natural language processing, reinforcement learning, ML ethics, recommendation systems, and graph deep learning” — now with Fabula co-founder and chief scientist, Michael Bronstein, as a leading light within it.
Bronstein is chair in machine learning & pattern recognition at Imperial College, London — a position he will remain while leading graph deep learning research at Twitter.
Fabula’s chief technologist, Federico Monti — another co-founder, who began the collaboration that underpin’s the patented technology with Bronstein while at the University of Lugano, Switzerland — is also joining Twitter.
Read more >> https://www.viralamo.com/twitter-bags-deep-learning-talent-behind-london-startup-fabula-ai-techcrunch/
How to Patent a Design
By: Michael J Foycik Jr.
June 6, 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.
A design
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.
A design is anything which is not functional. A casing or cover for a working device can be a design. Other things can be designs too. A design can best be protected by a design patent application, and usually costs much less to file than a utility (“regular“) patent application. Even the government filing fee is much lower for a design patent application.
What is needed to get a design patent application? You will normally need drawings showing the design from six different orthogonal views. The application itself is very short, and has text naming the invention, describing the drawings, and ending with a claim. The drawings do not need to be like blueprints; instead, they are simplified. And, it is not necessary to have a working model.
Once filed with the US Patent Office, the design application is examined, and if granted, can mature into a design patent. But why get a design patent? For one thing, a design patent protects not only the design itself, but all obvious variations that are not within the public domain already.
By contrast, a copyright only covers copies made, which must be exact copies. And, a copyright does not cover any design, even if identical, which was not copied. So, if two inventors both make the same exact design by sheer chance, and one inventor gets a copyright, that copyright would not be usable against the other inventor. The reason is, a copyright only covers copying.
A design patent covers any design that is sufficiently close so as to infringe, even if there was no copying. A design patent is therefore valuable, yet different from a copyright.
Read more >> http://internationalpatentservice.com/How-to-Patent-a-Design.html
June 6, 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.
A design
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.
A design is anything which is not functional. A casing or cover for a working device can be a design. Other things can be designs too. A design can best be protected by a design patent application, and usually costs much less to file than a utility (“regular“) patent application. Even the government filing fee is much lower for a design patent application.
What is needed to get a design patent application? You will normally need drawings showing the design from six different orthogonal views. The application itself is very short, and has text naming the invention, describing the drawings, and ending with a claim. The drawings do not need to be like blueprints; instead, they are simplified. And, it is not necessary to have a working model.
Once filed with the US Patent Office, the design application is examined, and if granted, can mature into a design patent. But why get a design patent? For one thing, a design patent protects not only the design itself, but all obvious variations that are not within the public domain already.
By contrast, a copyright only covers copies made, which must be exact copies. And, a copyright does not cover any design, even if identical, which was not copied. So, if two inventors both make the same exact design by sheer chance, and one inventor gets a copyright, that copyright would not be usable against the other inventor. The reason is, a copyright only covers copying.
A design patent covers any design that is sufficiently close so as to infringe, even if there was no copying. A design patent is therefore valuable, yet different from a copyright.
Read more >> http://internationalpatentservice.com/How-to-Patent-a-Design.html
Futurus Group Files First Ever Patent to Predict Gratitude Using Artificial Intelligence
By: Zoltan_Tundik
Futurus Group, an affiliate of Gobel Enterprises and a full-service consulting firm focused on artificial intelligence, today announced that it is seeking a patent for its proprietary gratitude prediction machine learning model.
G2G (Gratitude to Give), Futurus’ flagship product, currently utilizes this patent-pending algorithm and is the first artificially intelligent product on the market focused on predicting gratitude specifically in a healthcare environment. Early results have revealed promising insights. One client using G2G prioritized a list of 500 high-gratitude patients and 500 high-wealth patients. Forty-seven percent of the high-gratitude patients became donors, surpassing the ten percent of high-wealth patients who did.
“We conceptualized this idea a few years ago,” said Chad Gobel, CEO and founder of Gobel Group. “We felt that the way philanthropic organizations were finding prospects was incomplete, and we wanted to develop an algorithm that could dramatically improve the methodology. We’re so excited to see such great preliminary results, and the filing of the patent is an exciting milestone for us.”
This patent-pending technology is the first and only artificially intelligent algorithm that accurately predicts gratitude. It involves the use of various machine learning models in order to generate a gratitude score that characterizes the likelihood that patients will make a donation to the healthcare organization in the future.
Read more >> https://thefintechbuzz.com/latest-news/2019/06/03/1209/futurus-group-files-first-ever-patent-to-predict-gratitude-using-artificial-intelligence/
Futurus Group, an affiliate of Gobel Enterprises and a full-service consulting firm focused on artificial intelligence, today announced that it is seeking a patent for its proprietary gratitude prediction machine learning model.
G2G (Gratitude to Give), Futurus’ flagship product, currently utilizes this patent-pending algorithm and is the first artificially intelligent product on the market focused on predicting gratitude specifically in a healthcare environment. Early results have revealed promising insights. One client using G2G prioritized a list of 500 high-gratitude patients and 500 high-wealth patients. Forty-seven percent of the high-gratitude patients became donors, surpassing the ten percent of high-wealth patients who did.
“We conceptualized this idea a few years ago,” said Chad Gobel, CEO and founder of Gobel Group. “We felt that the way philanthropic organizations were finding prospects was incomplete, and we wanted to develop an algorithm that could dramatically improve the methodology. We’re so excited to see such great preliminary results, and the filing of the patent is an exciting milestone for us.”
This patent-pending technology is the first and only artificially intelligent algorithm that accurately predicts gratitude. It involves the use of various machine learning models in order to generate a gratitude score that characterizes the likelihood that patients will make a donation to the healthcare organization in the future.
Read more >> https://thefintechbuzz.com/latest-news/2019/06/03/1209/futurus-group-files-first-ever-patent-to-predict-gratitude-using-artificial-intelligence/
How to Patent a Program
By: Michael J Foycik Jr.
June 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.
A program
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent. A computer program can be copyrighted, but it can also often be patented. The types of protection are very different. Specifically, the inventive steps of the program can be patented, and because of this the patent can provide protection far beyond just the specific program language used.
First, a drawing is made showing the most important steps of the program as a flowchart diagram. It is usually not necessary to give every detail of the operation of the program; instead, the main features should be illustrated. The program should be protected by a utility patent application, since that will cover any type of program language. This is also sometimes called a “regular” patent application. The program steps can be explained in words and by the flowchart drawings. The drawings do not need to be like blueprints. And, it is not necessary to have a working program, as long as the steps could be followed by a skilled programmer.
This is a good point to mention that there is also something called a “provisional patent application” that gives patent pending status for one year, permitting a utility patent application to be filed at any time during that year. This is much less expensive, and is recommended when there is an urgent need to get something one file, for example just prior to a trade show or publication. Further below, there is a section called “How to patent using a provisional patent application.”
Here's a simple example showing how to patent an idea for a simple and amusing invention, where a computer program is used. The program determines sequential prime numbers and activates a light for a time corresponding to the prime number. Here, the blinking light is connected to a pencil eraser. For the moment, we aren't concerned with whether it has been done before, it is just an example. For now, the idea would be expressed in words, written just as above. Let's say the steps are: determine prime numbers in sequence from 1; wait until that number of seconds has elapsed; then blink the light ON for a number of seconds equal to the value of the prime number that has been reached. These steps would be shown in a simple flowchart. And, since it is possible to illustrate the idea in a drawing, we would also add a sketch showing where the light should be placed on the eraser. What else should be shown? The light should have a power source, for example a small solar panel or a small battery, and connecting wires should be shown connecting the power source to the light.
Read more >> http://internationalpatentservice.com/How-to-Patent-a-Program.html
June 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.
A program
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent. A computer program can be copyrighted, but it can also often be patented. The types of protection are very different. Specifically, the inventive steps of the program can be patented, and because of this the patent can provide protection far beyond just the specific program language used.
First, a drawing is made showing the most important steps of the program as a flowchart diagram. It is usually not necessary to give every detail of the operation of the program; instead, the main features should be illustrated. The program should be protected by a utility patent application, since that will cover any type of program language. This is also sometimes called a “regular” patent application. The program steps can be explained in words and by the flowchart drawings. The drawings do not need to be like blueprints. And, it is not necessary to have a working program, as long as the steps could be followed by a skilled programmer.
This is a good point to mention that there is also something called a “provisional patent application” that gives patent pending status for one year, permitting a utility patent application to be filed at any time during that year. This is much less expensive, and is recommended when there is an urgent need to get something one file, for example just prior to a trade show or publication. Further below, there is a section called “How to patent using a provisional patent application.”
Here's a simple example showing how to patent an idea for a simple and amusing invention, where a computer program is used. The program determines sequential prime numbers and activates a light for a time corresponding to the prime number. Here, the blinking light is connected to a pencil eraser. For the moment, we aren't concerned with whether it has been done before, it is just an example. For now, the idea would be expressed in words, written just as above. Let's say the steps are: determine prime numbers in sequence from 1; wait until that number of seconds has elapsed; then blink the light ON for a number of seconds equal to the value of the prime number that has been reached. These steps would be shown in a simple flowchart. And, since it is possible to illustrate the idea in a drawing, we would also add a sketch showing where the light should be placed on the eraser. What else should be shown? The light should have a power source, for example a small solar panel or a small battery, and connecting wires should be shown connecting the power source to the light.
Read more >> http://internationalpatentservice.com/How-to-Patent-a-Program.html
Implementation of the EU "Trademark Package" In France
By: Claude-Étienne Armingaud
Further to the adoption of the so-called Trademark Package at European level, comprised of Regulation no.2015/2424 (as codified by Regulation no.2017/1001 dated 14 June 2017) on EU Trademarks (the “Regulation”) and Directive no.2015/2436, harmonizing Member States’ trademark regime (the “Directive”), both dated 16 December 2015, France was due to update its internal regulatory framework.
The PACTE Act no. 2019-486, adopted on 22 May 2019, implemented the Trademark Package at long last. While the Regulation addressed EU aspects and is of direct enforcement within Member States, the Directive provided Member States with some leverage on the internal implementation.
These new aspects aim at simplifying the enforcement of intellectual property rights (“IPR”), for both trademarks and the patents, by creating administrative procedures, rather than having to introduce a judicial action before the courts.
1. Implementation of administrative revocation and invalidity procedures
While IPR owners had the possibility to oppose an application by a third party prior to a registration before the French Trademark Office (Institut National de la Propritété Intellectuelle or “INPI”), revocation and invalidity procedures had to be filed before the civil courts.
Articles 121 and 201 of the PACTE grants the French Government the authorization to implement a simplified procedure allowing, respectively, patent owners and trademark owners to petition INPI for revocation and invalidity. Such procedure, more affordable and also, faster, will likely facilitate the enforcement and protection of existing trademark portfolio.
Such implementation is expected to occur within the next nine months for patents and six months for trademarks.
2. Statute of limitations for IP rights
The implementation of the Trademark Package also allowed the French legislator to clarify the applicable statutes of limitations for actions based on infringement. While the duration of the statutes remains five years, the starting point for that duration has been clarified as “from the day the right holder gained knowledge, or should have been aware, of the last iteration of a fact creating the cause of action.”
This welcome solution will allow right holders to introduce an action as long as the acts of infringement are perpetrated. It is also interesting to note that this statute of limitations has been adopted in similar terms for business secrets. While not considered intellectual property rights per se, this approach materializes the proximity of the two.
In addition, the PACTE Act explicitly prevents any statute of limitation for an action grounded on invalidity of an intellectual property right.
Read more >> https://www.natlawreview.com/article/implementation-eu-trademark-package-france
Further to the adoption of the so-called Trademark Package at European level, comprised of Regulation no.2015/2424 (as codified by Regulation no.2017/1001 dated 14 June 2017) on EU Trademarks (the “Regulation”) and Directive no.2015/2436, harmonizing Member States’ trademark regime (the “Directive”), both dated 16 December 2015, France was due to update its internal regulatory framework.
The PACTE Act no. 2019-486, adopted on 22 May 2019, implemented the Trademark Package at long last. While the Regulation addressed EU aspects and is of direct enforcement within Member States, the Directive provided Member States with some leverage on the internal implementation.
These new aspects aim at simplifying the enforcement of intellectual property rights (“IPR”), for both trademarks and the patents, by creating administrative procedures, rather than having to introduce a judicial action before the courts.
1. Implementation of administrative revocation and invalidity procedures
While IPR owners had the possibility to oppose an application by a third party prior to a registration before the French Trademark Office (Institut National de la Propritété Intellectuelle or “INPI”), revocation and invalidity procedures had to be filed before the civil courts.
Articles 121 and 201 of the PACTE grants the French Government the authorization to implement a simplified procedure allowing, respectively, patent owners and trademark owners to petition INPI for revocation and invalidity. Such procedure, more affordable and also, faster, will likely facilitate the enforcement and protection of existing trademark portfolio.
Such implementation is expected to occur within the next nine months for patents and six months for trademarks.
2. Statute of limitations for IP rights
The implementation of the Trademark Package also allowed the French legislator to clarify the applicable statutes of limitations for actions based on infringement. While the duration of the statutes remains five years, the starting point for that duration has been clarified as “from the day the right holder gained knowledge, or should have been aware, of the last iteration of a fact creating the cause of action.”
This welcome solution will allow right holders to introduce an action as long as the acts of infringement are perpetrated. It is also interesting to note that this statute of limitations has been adopted in similar terms for business secrets. While not considered intellectual property rights per se, this approach materializes the proximity of the two.
In addition, the PACTE Act explicitly prevents any statute of limitation for an action grounded on invalidity of an intellectual property right.
Read more >> https://www.natlawreview.com/article/implementation-eu-trademark-package-france
How to Patent
By: Michael J Foycik Jr.
June 2, 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.
An idea or any useful device or method
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.
Introduction and types of patent
Many types of ideas can be patented. Anything that has a function or use can be patented. Also, patent protection can cover many (but not all) types of business methods, most types of computer programs, new methods and processes, new chemicals and compounds, and new materials or new uses for old materials. Where the invention is for a design feature or an ornamental cover or casing, for example, then a design patent is the best way of protecting the invention. How to get a design patent, and how to patent a design, is explained in a separate section below.
How to Patent an Idea
An idea can best be protected by a utility patent application. This is also sometimes called a “regular” patent application. The idea can be explained in words and, if possible, by drawings. The drawings do not need to be like blueprints; instead, they are simplified and do not usually have to show conventional features. And, it is not necessary to have a working model.
Before getting into the details, we would like to mention that there is also something called a “provisional patent application” discussed hereunder. It gives patent pending status for one year, permitting a utility patent application to be filed at any time during that year. That is another way to get a patent. The provisional application is much less expensive than a utility patent application, and can be recommended when there is an urgent need to get a patent application on file with the US Patent Office. For example, just prior to a trade show or publication of the invention, there is an urgent need to have the idea on file with the US Patent Office. For further information, see the section below called “How to patent using a provisional patent application.”
Here's a simple example showing how to patent an idea for a very simple and amusing invention. The simple idea: add a blinking light to a pencil eraser. For the moment, we aren't concerned with whether it has been done before; we could find that out using a patent search if we wished. For now, the idea would be expressed in words in the patent application, written just as above. And, since it is possible to illustrate the idea in a drawing, we would also add a sketch showing where the light should be placed on the eraser. What else should be shown? The light should have a power source, for example a small solar panel or a small battery, and connecting wires should be shown connecting the power source to the light. Then, text is added to the patent application by describing the parts shown in the drawings, explaining possible uses and advantages, and mentioning possible alternatives that are included in the invention such as various types of light sources such as LEDs, incandescent bulbs, phosphorescent lighting, and so on.
Read more >> http://internationalpatentservice.com/How-to-Patent.html
June 2, 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.
An idea or any useful device or method
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.
Introduction and types of patent
Many types of ideas can be patented. Anything that has a function or use can be patented. Also, patent protection can cover many (but not all) types of business methods, most types of computer programs, new methods and processes, new chemicals and compounds, and new materials or new uses for old materials. Where the invention is for a design feature or an ornamental cover or casing, for example, then a design patent is the best way of protecting the invention. How to get a design patent, and how to patent a design, is explained in a separate section below.
How to Patent an Idea
An idea can best be protected by a utility patent application. This is also sometimes called a “regular” patent application. The idea can be explained in words and, if possible, by drawings. The drawings do not need to be like blueprints; instead, they are simplified and do not usually have to show conventional features. And, it is not necessary to have a working model.
Before getting into the details, we would like to mention that there is also something called a “provisional patent application” discussed hereunder. It gives patent pending status for one year, permitting a utility patent application to be filed at any time during that year. That is another way to get a patent. The provisional application is much less expensive than a utility patent application, and can be recommended when there is an urgent need to get a patent application on file with the US Patent Office. For example, just prior to a trade show or publication of the invention, there is an urgent need to have the idea on file with the US Patent Office. For further information, see the section below called “How to patent using a provisional patent application.”
Here's a simple example showing how to patent an idea for a very simple and amusing invention. The simple idea: add a blinking light to a pencil eraser. For the moment, we aren't concerned with whether it has been done before; we could find that out using a patent search if we wished. For now, the idea would be expressed in words in the patent application, written just as above. And, since it is possible to illustrate the idea in a drawing, we would also add a sketch showing where the light should be placed on the eraser. What else should be shown? The light should have a power source, for example a small solar panel or a small battery, and connecting wires should be shown connecting the power source to the light. Then, text is added to the patent application by describing the parts shown in the drawings, explaining possible uses and advantages, and mentioning possible alternatives that are included in the invention such as various types of light sources such as LEDs, incandescent bulbs, phosphorescent lighting, and so on.
Read more >> http://internationalpatentservice.com/How-to-Patent.html
Omid Khalifeh Named As a Top 3 Patent Attorney in Los Angeles by ThreeBestRated for 2019
By: Omid Khalifeh
ThreeBestRated®, an independent, third-party business review site has announced that Omid Khalifeh, Omni Legal Group's Principal Patent Attorney, has been selected as a Top 3 Patent Attorney in Los Angeles for 2019. Launched in 2014, ThreeBestRated® is a company that reviews local businesses across the United States in order to select the top three local businesses that could be considered as the best in each city for specific business categories.
The goal of Three Best Rated is to identify top professionals, restaurants and health care providers in Los Angeles, California, as well as, other U.S. cities. The company awards professionals and businesses for delivering consistent value and quality service.
In order to identify the top businesses in a given city, Three Best Rated uses a 50-Point Inspection. This inspection is a lengthy process which includes checking the company’s history, reputation, complaints, customer satisfaction, ratings, nearness, trust, and more. From these data points Three Best Rated is able to determine which companies deliver overall excellence in their industries. Furthermore, Three Best Rated offers its services for free and companies never pay to be listed.
Three Best Rated also offers a unique focus on the best local businesses rather than large corporations with a local office presence in each city. This is because Three Best Rated believes that local businesses that are well-established in the cities they review provide better and more personalized service than large corporations.
Read more >> https://www.prweb.com/releases/omid_khalifeh_named_as_a_top_3_patent_attorney_in_los_angeles_by_threebestrated_for_2019/prweb16330446.htm
ThreeBestRated®, an independent, third-party business review site has announced that Omid Khalifeh, Omni Legal Group's Principal Patent Attorney, has been selected as a Top 3 Patent Attorney in Los Angeles for 2019. Launched in 2014, ThreeBestRated® is a company that reviews local businesses across the United States in order to select the top three local businesses that could be considered as the best in each city for specific business categories.
The goal of Three Best Rated is to identify top professionals, restaurants and health care providers in Los Angeles, California, as well as, other U.S. cities. The company awards professionals and businesses for delivering consistent value and quality service.
In order to identify the top businesses in a given city, Three Best Rated uses a 50-Point Inspection. This inspection is a lengthy process which includes checking the company’s history, reputation, complaints, customer satisfaction, ratings, nearness, trust, and more. From these data points Three Best Rated is able to determine which companies deliver overall excellence in their industries. Furthermore, Three Best Rated offers its services for free and companies never pay to be listed.
Three Best Rated also offers a unique focus on the best local businesses rather than large corporations with a local office presence in each city. This is because Three Best Rated believes that local businesses that are well-established in the cities they review provide better and more personalized service than large corporations.
Read more >> https://www.prweb.com/releases/omid_khalifeh_named_as_a_top_3_patent_attorney_in_los_angeles_by_threebestrated_for_2019/prweb16330446.htm
Current Engineering Issues Related to a Beta Version of a 3D Metal Printer Currently In Operation, and a Few Questions About Uses and Patents
By: Z. Mike at ZMIKE.IP@gmail.com
May 30, 2019
The author is a patent attorney who helps clients with inventions, startups, and advice on crowdfunding sites, and currently also advises investors and investment companies in patent and trademark related matters including valuation. The author has over 28 years experience in advising companies in patents and trademarks. For further information, please email at ZMIKE.IP@gmail.com.
I enjoyed seeing the beta 3D printer make a metal object in a few minutes. More objects were printed over the next couple of hours.
The metal is uses is a commercially valuable metal material, I was informed. I picked up the fist-sized object once it cooled, very light for its size. The engineer put it on a CNC to both finish and dial in accuracy, and with rice polishing as a last step it had a pleasing appearance.
But, I am all about value, and can only guess at that. I think it will depend on the end uses. High-value end uses would make it more valuable. And, of course, it matters if the 3D metal printer has solved all of the expected associated problems, which I am listing below.
I'm told that the material flow rate has to be relatively high and must permit continuous use. That's needed to get to solving the other problems. The engineer informed he that the feed system is smooth and can run 24/7 without jamming, sticking, or backflow issues.
This allows printing of enough parts to be able to explore many aspects of metal printing with a direct wire feed, so that the problems can be addressed.
The challenges that I have heard about so far: (a) creating a metallurgical bond between extrusions, working with and/or around oxide formation; (b) directing fine control to get high resolution, (c) creating a smooth, flat, reversibly bonding print surface, allowing for quick prototyping, giving instant results for the end user; (d) creating metal objects in real time as small as a dime or as large as a cube of five inches square; (e) use of multiple alloys, to cover a wide range of material properties attractive to engineers; and (f) post-processing parts to create impressive final objects
Read more >> http://internationalpatentservice.com/3D-Metal-Printer-Beta-Version.html
May 30, 2019
The author is a patent attorney who helps clients with inventions, startups, and advice on crowdfunding sites, and currently also advises investors and investment companies in patent and trademark related matters including valuation. The author has over 28 years experience in advising companies in patents and trademarks. For further information, please email at ZMIKE.IP@gmail.com.
I enjoyed seeing the beta 3D printer make a metal object in a few minutes. More objects were printed over the next couple of hours.
The metal is uses is a commercially valuable metal material, I was informed. I picked up the fist-sized object once it cooled, very light for its size. The engineer put it on a CNC to both finish and dial in accuracy, and with rice polishing as a last step it had a pleasing appearance.
But, I am all about value, and can only guess at that. I think it will depend on the end uses. High-value end uses would make it more valuable. And, of course, it matters if the 3D metal printer has solved all of the expected associated problems, which I am listing below.
I'm told that the material flow rate has to be relatively high and must permit continuous use. That's needed to get to solving the other problems. The engineer informed he that the feed system is smooth and can run 24/7 without jamming, sticking, or backflow issues.
This allows printing of enough parts to be able to explore many aspects of metal printing with a direct wire feed, so that the problems can be addressed.
The challenges that I have heard about so far: (a) creating a metallurgical bond between extrusions, working with and/or around oxide formation; (b) directing fine control to get high resolution, (c) creating a smooth, flat, reversibly bonding print surface, allowing for quick prototyping, giving instant results for the end user; (d) creating metal objects in real time as small as a dime or as large as a cube of five inches square; (e) use of multiple alloys, to cover a wide range of material properties attractive to engineers; and (f) post-processing parts to create impressive final objects
Read more >> http://internationalpatentservice.com/3D-Metal-Printer-Beta-Version.html
FIFTEEN GLORIOUS YEARS OF INTELLECTUAL PROPERTY EXCELLENCE – A JOURNEY
By: Admin
The world of Intellectual Property law services is well known now as most companies and individuals understand the significance of patents, trademarks, copyrights, designs, and others. But fifteen years ago, it was a different scenario in India. This branch of law was not so well defined, and services were being offered by professionals with very little or no technology and business background. It took a visionary like Dr. Kalyan Kankanala who co-founded his firm BananaIP (formerly known as Brain League) in 2004 with an aim to provide the best of IP law services which would follow international standards.
In these 15 years, through the fortitude and sheer hard work of Dr. Kankanala and the senior partners, the company has achieved great heights and is now considered to be a pioneer in the evolution of IP laws in India through their quality services, law and policy contributions, highly cited publications, and proactive technology integration. Maximizing business value is the main motto of BananaIP, and a complete commitment from the team in different sections of IP law makes them a premier firm in the country.
The Team
The firm and its partners are recognized and ranked as leaders in the IP industry. They hold honorary positions with national and international IP committees and research centres, and their views are regularly cited by leading news organizations, journals and research publications.
Dr. Kalyan Kankanala, the managing partner of BananaIP, holds advanced degrees from the world’s leading law institutions, the National Law School of India University, Bangalore and Franklin Pierce Law Center, USA. From a small cabin at IIM Bangalore, he and his team have transformed the landscape of IP standards in India, achieving important qualitative and quantitative milestones. He is recognized among the top IP minds of India, having helped more than 600 clients achieve intellectual property and commercial success.
Somashekar Ramakrishna, a senior partner, is an accomplished mechanical/automotive engineer with a Master’s degree in IP, commerce and technology from Franklin Pierce Law Center USA. With years of experience of working with leading US Patent Firm and United Nations Industrial Development Organization, he is a nationally recognized attorney in patent drafting for global manufacturing and automotive companies. In his own words, he acknowledges that his passion for IP law and his honest work ethics could not have found a better place than BananaIP where the core values of the company are crystal clear in the minds of like-minded professionals.
Read more >> http://www.northcarolinaheadlines.com/news/story/135907/fifteen-glorious-years-of-intellectual-property-excellence-a-journey.html
The world of Intellectual Property law services is well known now as most companies and individuals understand the significance of patents, trademarks, copyrights, designs, and others. But fifteen years ago, it was a different scenario in India. This branch of law was not so well defined, and services were being offered by professionals with very little or no technology and business background. It took a visionary like Dr. Kalyan Kankanala who co-founded his firm BananaIP (formerly known as Brain League) in 2004 with an aim to provide the best of IP law services which would follow international standards.
In these 15 years, through the fortitude and sheer hard work of Dr. Kankanala and the senior partners, the company has achieved great heights and is now considered to be a pioneer in the evolution of IP laws in India through their quality services, law and policy contributions, highly cited publications, and proactive technology integration. Maximizing business value is the main motto of BananaIP, and a complete commitment from the team in different sections of IP law makes them a premier firm in the country.
The Team
The firm and its partners are recognized and ranked as leaders in the IP industry. They hold honorary positions with national and international IP committees and research centres, and their views are regularly cited by leading news organizations, journals and research publications.
Dr. Kalyan Kankanala, the managing partner of BananaIP, holds advanced degrees from the world’s leading law institutions, the National Law School of India University, Bangalore and Franklin Pierce Law Center, USA. From a small cabin at IIM Bangalore, he and his team have transformed the landscape of IP standards in India, achieving important qualitative and quantitative milestones. He is recognized among the top IP minds of India, having helped more than 600 clients achieve intellectual property and commercial success.
Somashekar Ramakrishna, a senior partner, is an accomplished mechanical/automotive engineer with a Master’s degree in IP, commerce and technology from Franklin Pierce Law Center USA. With years of experience of working with leading US Patent Firm and United Nations Industrial Development Organization, he is a nationally recognized attorney in patent drafting for global manufacturing and automotive companies. In his own words, he acknowledges that his passion for IP law and his honest work ethics could not have found a better place than BananaIP where the core values of the company are crystal clear in the minds of like-minded professionals.
Read more >> http://www.northcarolinaheadlines.com/news/story/135907/fifteen-glorious-years-of-intellectual-property-excellence-a-journey.html
Startup Business: A Checklist
By: Michael J Foycik Jr.
May 28, 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.
Starting a new business is exciting! Here's a checklist you'll want to consider.
Trademark application or registered trademark. Everyone needs this.
Pending patent application of any type: design, utility, or provisional (PPA).
Funding, which can include crowd funding services like Kickstarter or Indiegogo.
Copyright rights. This includes your web site and promotional materials.
Publicity, if using crowd funding sites or if needed to attract investors.
Costs can be fairly low. Some informal rights are permitted, and every startup is different. Contact me with any questions at the email address below.
Read more >> http://internationalpatentservice.com/Startup-Business.html
May 28, 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.
Starting a new business is exciting! Here's a checklist you'll want to consider.
Trademark application or registered trademark. Everyone needs this.
Pending patent application of any type: design, utility, or provisional (PPA).
Funding, which can include crowd funding services like Kickstarter or Indiegogo.
Copyright rights. This includes your web site and promotional materials.
Publicity, if using crowd funding sites or if needed to attract investors.
Costs can be fairly low. Some informal rights are permitted, and every startup is different. Contact me with any questions at the email address below.
Read more >> http://internationalpatentservice.com/Startup-Business.html
The Basics of Trademarks, Patents, and Copyright Protection
By: TedKBL
Say you created a design you want to make sure no one can claim as their own. You must legally secure the rights to your work. But do you go with a patent or a trademark? It can be complicated to know the similarities and differences between these two very different types of intellectual property. Of course, you don’t need to understand all the little nuances that go into filing for a patent or registering a trademark. That’s what intellectual property attorneys are for. And if the time comes when you need to defend your work, these attorneys will have your back.
First of all, what are intellectual property attorneys?
They are lawyers that help you navigate intellectual property laws in order to safeguard your original work. They are useful when it comes time for you to legally secure rights.
Let’s use copyright protection as an example. Imagine you are a novelist who has just completed their masterpiece. Copyright protection gives the author, the copyright holder, the exclusive right to (1) reproduce the copyrighted work; (2) create derivative works from the original material; (3) distribute copies of the work; (4) perform the work publicly; and (5) display the work.
Of course, this author may want to let a third-party create derivative works. For example, if a production company approaches the author to create a television show based on the novel. In cases like this, intellectual property attorneys can also help with licensing agreements.
Read more >>
Some Kickstarter Success Tips
By: Michael J Foycik Jr.
May 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.
If you're planning a Kickstarter campaign or other enterprise funding site, then these tips may help.
Have IP protection. What's that? It is intellectual property. It is not necessary to have an issued patent, but for success raising capital it is important to have at least patent pending protection. Trademark protection can help too. Don't neglect copyright protection and trade secret protection, if those are appropriate for your enterprise.
Get publicity. Use an inexpensive service that does e-press releases. Such a service can even help you write the press releases, for a small additional fee. And, try giving interviews to journals and magazines that might review your product or service.
Line up your tech resources ahead of time, to list on the site. These services would include affordable software technical services. Your product will need technical support services, so it may be a good idea to list such a company on your site. Other software services are important, as you're well aware already: sales support software, inventory management software, and employee management software, among others.
Need help finding services to help with any of the above? Need something affordable? Then let me know. I have first-hand experience with the above, and know what's involved.
Read more >> http://internationalpatentservice.com/Some-Kickstarter-Success-Tips.html
May 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.
If you're planning a Kickstarter campaign or other enterprise funding site, then these tips may help.
Have IP protection. What's that? It is intellectual property. It is not necessary to have an issued patent, but for success raising capital it is important to have at least patent pending protection. Trademark protection can help too. Don't neglect copyright protection and trade secret protection, if those are appropriate for your enterprise.
Get publicity. Use an inexpensive service that does e-press releases. Such a service can even help you write the press releases, for a small additional fee. And, try giving interviews to journals and magazines that might review your product or service.
Line up your tech resources ahead of time, to list on the site. These services would include affordable software technical services. Your product will need technical support services, so it may be a good idea to list such a company on your site. Other software services are important, as you're well aware already: sales support software, inventory management software, and employee management software, among others.
Need help finding services to help with any of the above? Need something affordable? Then let me know. I have first-hand experience with the above, and know what's involved.
Read more >> http://internationalpatentservice.com/Some-Kickstarter-Success-Tips.html
The United States Patent and Trademark Office Updates Hemp Mark Guidelines
By: Eric Sandy
Following the passage of the 2018 Farm Bill and the legalization of hemp in the U.S., federal agencies are beginning to line up their regulatory approach to this burgeoning industry. The U.S. Department of Agriculture (USDA) is preparing its guardrails for state-sanctioned hemp programs, and, now, the United States Patent and Trademark Office (USPTO) has clarified how it will handle trademarks for hemp businesses.
In short, hemp businesses (including plant-touching businesses) are able to apply for trademark registration—as long as their business falls outside the Food and Drug Administration’s (FDA) regulations of hemp-derived CBD as a food or beverage ingredient. The FDA oversight is part of a broad gray area still in need of clarification post-Farm Bill.
For now, many hemp businesses have a shot at claiming their mark.
“We’ve been waiting since the Farm Bill was passed on how that would impact the trademarks used in connection with these particular products and services,” said David Gold, intellectual property litigation attorney at Cole Schotz.
The USPTO, which oversees patents and trademarks, splits its approach to controlled substances in the U.S. The patents office will work with companies that are using federally controlled substances, like whole-plant cannabis (and especially THC). The trademark office, however, will not work with those companies.
"This does not cover a very large segment of the industry. This doesn’t cover anything that’s subject to the FDA."
- David Gold
Now that hemp is no longer listed as a Schedule-I substance, the USPTO is opening the window for trademark applications relating to hemp and hemp-derived compounds. (Hemp is legally defined as the cannabis plant containing less than 0.3-percent THC.)
“Frankly, this is exactly what we anticipated the result would be—down to the language that now needs to be included in the application,” Gold said, referring to the THC content in the company’s hemp material, for instance. The language must mirror the Farm Bill, in other words.
Applications filed after Dec. 20, 2018, will be processed under this new regime. For businesses that filed hemp-related applications before Dec. 20, 2018, “registration will be refused due to the unlawful use or lack of bona fide intent to use in lawful commerce under the CSA.” Those businesses will be told to request an amendment to their applications, which will then be filed with the post-Dec. 20 applications.
Read more >> https://www.cannabisbusinesstimes.com/article/united-states-patent-trademark-office-hemp-businesses/
Following the passage of the 2018 Farm Bill and the legalization of hemp in the U.S., federal agencies are beginning to line up their regulatory approach to this burgeoning industry. The U.S. Department of Agriculture (USDA) is preparing its guardrails for state-sanctioned hemp programs, and, now, the United States Patent and Trademark Office (USPTO) has clarified how it will handle trademarks for hemp businesses.
In short, hemp businesses (including plant-touching businesses) are able to apply for trademark registration—as long as their business falls outside the Food and Drug Administration’s (FDA) regulations of hemp-derived CBD as a food or beverage ingredient. The FDA oversight is part of a broad gray area still in need of clarification post-Farm Bill.
For now, many hemp businesses have a shot at claiming their mark.
“We’ve been waiting since the Farm Bill was passed on how that would impact the trademarks used in connection with these particular products and services,” said David Gold, intellectual property litigation attorney at Cole Schotz.
The USPTO, which oversees patents and trademarks, splits its approach to controlled substances in the U.S. The patents office will work with companies that are using federally controlled substances, like whole-plant cannabis (and especially THC). The trademark office, however, will not work with those companies.
"This does not cover a very large segment of the industry. This doesn’t cover anything that’s subject to the FDA."
- David Gold
Now that hemp is no longer listed as a Schedule-I substance, the USPTO is opening the window for trademark applications relating to hemp and hemp-derived compounds. (Hemp is legally defined as the cannabis plant containing less than 0.3-percent THC.)
“Frankly, this is exactly what we anticipated the result would be—down to the language that now needs to be included in the application,” Gold said, referring to the THC content in the company’s hemp material, for instance. The language must mirror the Farm Bill, in other words.
Applications filed after Dec. 20, 2018, will be processed under this new regime. For businesses that filed hemp-related applications before Dec. 20, 2018, “registration will be refused due to the unlawful use or lack of bona fide intent to use in lawful commerce under the CSA.” Those businesses will be told to request an amendment to their applications, which will then be filed with the post-Dec. 20 applications.
Read more >> https://www.cannabisbusinesstimes.com/article/united-states-patent-trademark-office-hemp-businesses/
Quit Worrying About Competitors, And Start Making Money
By: Michael J Foycik Jr.
May 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.
Stop worrying! Many inventors and businesses become paralyzed by worry when trying to advance a new idea.
What if competitors import cheap knock-offs? What if they steal your idea? What if it isn't protectable as a patent?
Here are some factors to put your mind at ease.
First, competitors won't spend money to copy a product unless they are sure it will make money. For anything that is new, how can they know? Probably only by seeing if you make money. That gives you a big head start. If your product is good, you can saturate the market before the first knock-off arrives. Also, this gives you time to establish your trademark or trade name, so that people asking for it by name will always get your product.
Second, until your idea is made public, it can be protected as a trade secret, assuming you have marked everything confidential and avoided any non-confidential disclosures. Again, this provides a real head start, with the benefits noted above.
Third, suppose your idea is so good that competitors want to immediately steal/misappropriate your idea. That can be a very good problem to have! Why? Because it means that your rights could have great value to a legitimate company, one that has power to enforce those rights for you against infringers. You see it in the news all the time: big companies investing in small companies, buying a percentage of the ownership. Big companies know how to protect their investments, and their rights.
Fourth, your US patent application gives you one year's worth of priority, for filing of PCT or foreign applications. Can't afford foreign patent applications? See the above paragraph; if your invention is good and/or successful, it can attract investment by those with enough money to pay to get foreign rights.
Read more >> http://internationalpatentservice.com/Quit-Worrying-About-Competitors-And-Start-Making-Money.html
May 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.
Stop worrying! Many inventors and businesses become paralyzed by worry when trying to advance a new idea.
What if competitors import cheap knock-offs? What if they steal your idea? What if it isn't protectable as a patent?
Here are some factors to put your mind at ease.
First, competitors won't spend money to copy a product unless they are sure it will make money. For anything that is new, how can they know? Probably only by seeing if you make money. That gives you a big head start. If your product is good, you can saturate the market before the first knock-off arrives. Also, this gives you time to establish your trademark or trade name, so that people asking for it by name will always get your product.
Second, until your idea is made public, it can be protected as a trade secret, assuming you have marked everything confidential and avoided any non-confidential disclosures. Again, this provides a real head start, with the benefits noted above.
Third, suppose your idea is so good that competitors want to immediately steal/misappropriate your idea. That can be a very good problem to have! Why? Because it means that your rights could have great value to a legitimate company, one that has power to enforce those rights for you against infringers. You see it in the news all the time: big companies investing in small companies, buying a percentage of the ownership. Big companies know how to protect their investments, and their rights.
Fourth, your US patent application gives you one year's worth of priority, for filing of PCT or foreign applications. Can't afford foreign patent applications? See the above paragraph; if your invention is good and/or successful, it can attract investment by those with enough money to pay to get foreign rights.
Read more >> http://internationalpatentservice.com/Quit-Worrying-About-Competitors-And-Start-Making-Money.html
STARTUPS, TAKE HEED: TWO CAUTIONARY, TRUE TALES OF PATENT LAW
By: Greg Kirsch
Tech startup companies often rely on patents and other types of intellectual property (IP) rights to help safeguard against competition, protect their investors and increase their chance of executing on their business model.
However, in many cases there are fundamental misunderstandings among the individuals and companies who invest in startups as to how to best use IP rights. Either the wrong attributes of the startup’s products and services are protected, or IP is forgotten altogether.
There is no better way to learn how best to protect and exploit IP than by examining the successes — and miscues — of others. Here are two stories based on the real-life experience of practicing IP law for almost three decades.
True Story Number One: The Bad Investment
How an investor may ask IP questions, but not the right ones
About 10 years ago, I received a call from a general partner at a well-known VC firm. The firm had recently made a large investment in a startup, which we’ll call “Acme Corp.,” which had a large patent portfolio. My friend wanted me to take a quick look at the Acme patent portfolio.
My first thought was, “Why is he calling me after the investment has closed, rather than before the investment was finalized?” Nevertheless, I told him I’d take a look.
The patents looked interesting and appeared to cover a technology (“Technology A”) fairly well. A few days later, I called my VC friend back. I walked him through Acme’s various patents, including some of the patent claims, which specifically define the invention covered by the patent.
“Are you sure that’s what the patents cover?” he asked, completely surprised by the nature of the patent portfolio owned by the company in which his firm had just invested a large sum of money.
The investor explained that Acme’s current business model was completely based on another technology, Technology B. They used to have products that used Technology A, but had pivoted away from that business three years prior.
Read more >> https://hypepotamus.com/community/two-cautionary-true-stories-patent-law/
Tech startup companies often rely on patents and other types of intellectual property (IP) rights to help safeguard against competition, protect their investors and increase their chance of executing on their business model.
However, in many cases there are fundamental misunderstandings among the individuals and companies who invest in startups as to how to best use IP rights. Either the wrong attributes of the startup’s products and services are protected, or IP is forgotten altogether.
There is no better way to learn how best to protect and exploit IP than by examining the successes — and miscues — of others. Here are two stories based on the real-life experience of practicing IP law for almost three decades.
True Story Number One: The Bad Investment
How an investor may ask IP questions, but not the right ones
About 10 years ago, I received a call from a general partner at a well-known VC firm. The firm had recently made a large investment in a startup, which we’ll call “Acme Corp.,” which had a large patent portfolio. My friend wanted me to take a quick look at the Acme patent portfolio.
My first thought was, “Why is he calling me after the investment has closed, rather than before the investment was finalized?” Nevertheless, I told him I’d take a look.
The patents looked interesting and appeared to cover a technology (“Technology A”) fairly well. A few days later, I called my VC friend back. I walked him through Acme’s various patents, including some of the patent claims, which specifically define the invention covered by the patent.
“Are you sure that’s what the patents cover?” he asked, completely surprised by the nature of the patent portfolio owned by the company in which his firm had just invested a large sum of money.
The investor explained that Acme’s current business model was completely based on another technology, Technology B. They used to have products that used Technology A, but had pivoted away from that business three years prior.
Read more >> https://hypepotamus.com/community/two-cautionary-true-stories-patent-law/
Surprisingly Good Ways Of Stopping Foreign Imports Using Your US Patent
By: Michael J Foycik Jr.
May 17, 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 number one concern of many companies with new products is how to stop foreign copies from entering the US. The good news, this is easy for US Patent owners, and there are two ways this can operate.
The most surprising way is using the US Customs Service to block suspected infringers. To do this, you will need an order from the Customs Service. Once you have that, Customs does the real work. The catch here is, the US company will have to prove it makes the goods itself in the US. So, two foreign companies cannot easily avail themselves of this privilege.
Customs can confiscate infringing goods, and may even turn over those goods to the US patent owner. If specific infringers can be pointed out to Customs, which is often the case, those infringers can be targeted by Customs.
The second way is more obvious: using the US Patent rights. There is an easy way to do this, and a harder way. The easier way is sending a copy of the US Patent to retailers and other companies selling the infringing product; most will quickly deal with the situation, usually by simply removing the infringing products. After all, retailers do not want trouble, and can avoid it by fleeing from patent disputes. The author has seen this several times, and it is surprisingly effective.
The aforementioned harder way is the filing of a patent infringement suit. This can be cost effective, assuming the infringer offers a quick settlement. An infringer might do this to avoid the legal expense and legal risk of defending. However, if the health of an infringing company depends on that infringing product, a quick settlement may still occur but there is also a chance of a big legal fight.
Read more >> http://internationalpatentservice.com/Surprisingly-Good-Ways-Of-Stopping-Foreign-Imports-Using-Your-US-Patent.html
May 17, 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 number one concern of many companies with new products is how to stop foreign copies from entering the US. The good news, this is easy for US Patent owners, and there are two ways this can operate.
The most surprising way is using the US Customs Service to block suspected infringers. To do this, you will need an order from the Customs Service. Once you have that, Customs does the real work. The catch here is, the US company will have to prove it makes the goods itself in the US. So, two foreign companies cannot easily avail themselves of this privilege.
Customs can confiscate infringing goods, and may even turn over those goods to the US patent owner. If specific infringers can be pointed out to Customs, which is often the case, those infringers can be targeted by Customs.
The second way is more obvious: using the US Patent rights. There is an easy way to do this, and a harder way. The easier way is sending a copy of the US Patent to retailers and other companies selling the infringing product; most will quickly deal with the situation, usually by simply removing the infringing products. After all, retailers do not want trouble, and can avoid it by fleeing from patent disputes. The author has seen this several times, and it is surprisingly effective.
The aforementioned harder way is the filing of a patent infringement suit. This can be cost effective, assuming the infringer offers a quick settlement. An infringer might do this to avoid the legal expense and legal risk of defending. However, if the health of an infringing company depends on that infringing product, a quick settlement may still occur but there is also a chance of a big legal fight.
Read more >> http://internationalpatentservice.com/Surprisingly-Good-Ways-Of-Stopping-Foreign-Imports-Using-Your-US-Patent.html
Understanding Soft Intellectual Property
By: Brette Sember, Esq.
Intellectual property is any work or idea created either by the human mind or by a computer, including copyrights, patents, trademarks, and trade secrets. Although "soft intellectual property" is sometimes used to refer to any intellectual property that is not a patent, the term is not fully accepted in the legal community.
Categories of Intellectual Property
Intellectual property is protected according to the type of work:
> Copyrights are used to protect fixed creative works such as books, articles, photos, computer software, plays, and music.
> Patents are used to protect inventions.
> Trademarks are used to protect brand names, slogans, and logos.
> The Uniform Trade Secrets Act protects trade secrets, which are confidential information used in business that can create a competitive edge in the marketplace. This can include formulas, methods, or techniques used to create a product.
Defining Soft Intellectual Property
The term "soft intellectual property" is sometimes used to refer to intellectual property other than patents , including copyrights, trademarks, and trade secrets. It can also be used to describe other assets that are harder to categorize, such as general knowledge about a product or confidential information held by a company. The distinction may have arisen because patents often apply to tangible items, such as machinery, products, and other physical inventions. Some of the more common types of soft intellectual property include books, white papers, company logos, and trade secrets.
Typically used only by laypeople, soft intellectual property is not a well-accepted legal term, although it is sometimes used in contracts or agreements. For example, a contract selling a company's intellectual property rights might include "soft" property. However, for clarity, it is best to use specific legal terminology about the items that are being managed or sold. For example, the contract might mention that items in the sale include copyrights, patents, trademarks, and trade secrets. Using the exact, correct terminology for the intellectual property in question makes it easier to manage and may also make it easier to sell, should you ever wish to.
Read more >> https://www.legalzoom.com/articles/understanding-soft-intellectual-property
Intellectual property is any work or idea created either by the human mind or by a computer, including copyrights, patents, trademarks, and trade secrets. Although "soft intellectual property" is sometimes used to refer to any intellectual property that is not a patent, the term is not fully accepted in the legal community.
Categories of Intellectual Property
Intellectual property is protected according to the type of work:
> Copyrights are used to protect fixed creative works such as books, articles, photos, computer software, plays, and music.
> Patents are used to protect inventions.
> Trademarks are used to protect brand names, slogans, and logos.
> The Uniform Trade Secrets Act protects trade secrets, which are confidential information used in business that can create a competitive edge in the marketplace. This can include formulas, methods, or techniques used to create a product.
Defining Soft Intellectual Property
The term "soft intellectual property" is sometimes used to refer to intellectual property other than patents , including copyrights, trademarks, and trade secrets. It can also be used to describe other assets that are harder to categorize, such as general knowledge about a product or confidential information held by a company. The distinction may have arisen because patents often apply to tangible items, such as machinery, products, and other physical inventions. Some of the more common types of soft intellectual property include books, white papers, company logos, and trade secrets.
Typically used only by laypeople, soft intellectual property is not a well-accepted legal term, although it is sometimes used in contracts or agreements. For example, a contract selling a company's intellectual property rights might include "soft" property. However, for clarity, it is best to use specific legal terminology about the items that are being managed or sold. For example, the contract might mention that items in the sale include copyrights, patents, trademarks, and trade secrets. Using the exact, correct terminology for the intellectual property in question makes it easier to manage and may also make it easier to sell, should you ever wish to.
Read more >> https://www.legalzoom.com/articles/understanding-soft-intellectual-property
Right Or Wrong Patent Attorney - Why Your Invention Matters
By: Michael J Foycik Jr.
May 15, 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.
Is there a good way to tell when you have the wrong patent attorney? There are factors worth considering.
Does your patent attorney not seem to listen? Or, not seem to care about your objections and concerns? Does your patent attorney make themselves available to answer questions? These are red flags, especially if things are not going well otherwise.
Does the patent attorney's first draft make sense for your invention? Most inventors rightfully expect to see writing that is as good as or better than their own. Do you have to explain things several times? Are you uncomfortable with how the claims sound? These too can be red flags, when other things are not going well either.
Has your patent attorney filed continuation after continuation without making progress? Or, have they filed RCE (“Request for Continuing Examination”) after RCE without making progress? Or, have they filed about Appeal after Appeal, without success? These could be red flags too.
This is not to say “good” or “bad” - rather it is to say “right skills for the right job.” Even a very good and reputable patent attorney may sometimes find themselves out of their element, and look bad as a result. That shouldn't matter though – good results should matter. A different attorney, better suited for a particular effort, may well get different results.
While the above-noted issues can be bad signs, they might not tell the whole story. Even though the above situations exist, can that patent attorney really still be the “right” one for that job? Possibly so – if it is just a case of simple bad luck, pursuit of a weak invention, sure. Or, it could be part of a strategy to maintain patent pending status for strategic reasons despite a weak invention.
One of the biggest problems in the patent field is that the law of chemical patent claim practice is completely different from the law of mechanical/electrical patent claim practice. Claim drafting can be drastically different, in my experience.
Read more >> http://internationalpatentservice.com/Right-Or-Wrong-Patent-Attorney-Why-Your-Invention-Matters.html
May 15, 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.
Is there a good way to tell when you have the wrong patent attorney? There are factors worth considering.
Does your patent attorney not seem to listen? Or, not seem to care about your objections and concerns? Does your patent attorney make themselves available to answer questions? These are red flags, especially if things are not going well otherwise.
Does the patent attorney's first draft make sense for your invention? Most inventors rightfully expect to see writing that is as good as or better than their own. Do you have to explain things several times? Are you uncomfortable with how the claims sound? These too can be red flags, when other things are not going well either.
Has your patent attorney filed continuation after continuation without making progress? Or, have they filed RCE (“Request for Continuing Examination”) after RCE without making progress? Or, have they filed about Appeal after Appeal, without success? These could be red flags too.
This is not to say “good” or “bad” - rather it is to say “right skills for the right job.” Even a very good and reputable patent attorney may sometimes find themselves out of their element, and look bad as a result. That shouldn't matter though – good results should matter. A different attorney, better suited for a particular effort, may well get different results.
While the above-noted issues can be bad signs, they might not tell the whole story. Even though the above situations exist, can that patent attorney really still be the “right” one for that job? Possibly so – if it is just a case of simple bad luck, pursuit of a weak invention, sure. Or, it could be part of a strategy to maintain patent pending status for strategic reasons despite a weak invention.
One of the biggest problems in the patent field is that the law of chemical patent claim practice is completely different from the law of mechanical/electrical patent claim practice. Claim drafting can be drastically different, in my experience.
Read more >> http://internationalpatentservice.com/Right-Or-Wrong-Patent-Attorney-Why-Your-Invention-Matters.html
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