By: Finnegan, Henderson, Farabow, Garrett & Dunner LLP
Picture this: It’s the first powder day of the season. You’re in the lift line, ready to go, and you overhear the person in line behind you explaining her idea for an improved snowboard binding she’s developing—the exact idea you spent the last year perfecting at your company. Despite the cold, you have to open your jacket vents as you consider the implications, which haunt you all the way down your first run of the year.
Later that morning you’re warming up with a coffee when you spot your company’s brand name on a ski helmet you didn’t make, with a strange logo next to it. Suddenly, the first powder day of the year is feeling pretty slushy. What should you have done? What can you still do?
What Is Intellectual Property?
Both scenarios illustrate the importance of protecting one of the most important assets your company has. But what exactly is intellectual property (IP)? Simply put, IP is the ideas that drive businesses. If you or your company put resources (time, money, blood, sweat, tears) into developing a product or service, chances are you won’t look kindly on copycats. Protect your innovations and your brand name and help advance or secure your position in the industry.
The various tools used to protect your intellectual property—such as patents, trademarks, copyrights, and trade secrets—each have a different purpose and protect different things.
Patents give you the right to exclude others from practicing your useful inventions, such as Thomas Edison’s revolutionary “Electric-Lamp” (light bulb).
Trademarks are words, names, symbols, or devices that a business uses to identify its goods and distinguish them from others, such as McDonald’s two golden arches or the name “Google.”
Copyrights protect original works of authorship, and can apply just as much to a PistenBully owner’s manual as it does to a Hemingway novel or Tom Petty song.
Trade secrets protect any valuable business information, such as a formula or compilation of information, that is not generally known, is subject to reasonable efforts to maintain its secrecy, and has economic value (think Coca-Cola’s secret recipe).
These are all types of IP, and protecting them has been the life blood of all of these successful enterprises.
How can You Protect Your Inventions?
When you hear that person in the lift line talking about her idea for an improved snowboard binding that you have already patented, a patent may offer several ways to help you keep her—and any other potential infringers—from harming your business. You could file a lawsuit asking the court to award damages for infringement or prevent an infringer from continuing to make bindings covered by your patent.
But a lawsuit is not the only way to leverage your patent rights. You could also use your patent to generate an income stream by licensing your invention to the infringer or even by offering to sell your patent outright to the competitor. And sometimes, just holding a patent scares potential competitors away from infringing activities out of fear of a lawsuit.
So how do you get a patent on your invention? The U.S. Patent and Trademark Office grants patents only after conducting an examination of your patent application, carried out by a U.S. patent examiner knowledgeable in the relevant technology, to determine if your application meets all the requirements, including that it is novel and non-obvious compared to the existing state of art. A “utility patent” protects the functional or technical aspects of your invention for 20 years from the date you file your patent application. You can also obtain a “design patent” to protect the decorative features of your invention for a period of 15 years.
If you have a secret manufacturing process (e.g., a particular way of making a composite laminate ski core or a high-fluoro ski wax), trade secrets may be a useful way to protect those inventions. Better still, trade secrets never expire as long as they have value and remain a secret.
How Can You Protect Your Brand?
Trademarks and trade dress are a powerful tool to help you protect your company’s name, product names, logo, and even product packaging. Trademarks also make it easier for customers to find you and can make your products stand out in a crowded field.
And like a patent, you can assert trademarks in court to stop infringers. So when you see someone in the lift line wearing a ski helmet with your name or logo on it, having a trademark is vital to stopping the rival company from stealing the goodwill you have built in your brand.
Similar to patents, trademarks also undergo examination by the U.S. Patent and Trademark Office. But unlike patents, trademarks may be protected in perpetuity as long as you continue to use them.
Learn More About How to Use IP
In future posts, we will dive deeper into IP issues including: an overview of the process of obtaining a patent from the U.S. Patent and Trademark Office; using design patents to protect ornamental aspects of your products; how to choose between patent and trade secret protection; licensing and selling patents to generate income; and what to do if someone is using your trademark.
Don’t be the person in the lift line thinking about anything other than how to get the most and best runs possible on that perfect day. Protect your IP in advance and carve the perfect line on this valuable business asset.
Thursday, November 30, 2017
EP. #24 OF THE SOUTHFOUND PODCAST - WHAT DO INVESTORS LOOK FOR IN A STARTUP?
By: BEING ON THE SOUTHFOUND PODCAST
This content was originally recorded for the SouthFound podcast, where I feature entrepreneurs and startups from the Southern United States.
What do investors look for in a startup?
When you are looking for investors to inject capital into your company it is important to be targeted with who you approach. Approaching investors that have no interest in your space or that haven't invested before at the level you need is a waste of your time. Think of this like the common Marketing topic of "target market".
Here are 9 things investors look for in a startup?
Team
My good friend and CEO of Angel Capital Group, Eric Dobson, often tells entrepreneurs that between 50-70% of an investors decision to put capital into a business is based on the team operating that company. The thought process is that the idea can be a grand slam solution, but if the team can't execute the plan you will never gain enough traction.
Having a solid team doesn't mean you must have a fully developed organizational structure already in place. It is important for most startups to have both technical and business-minded co-founders (rarely are they the same person). There are some functions that you can outsource, especially early on. Things like bookkeeping, graphic design and legal work.
Some entrepreneurs cover their bases on skills their team is missing by having an advisory Board. Here they invite other entrepreneurs and professionals willing to provide their time (sometimes for free or in exchange for small amounts of equity) to guide the company through issues within their experience.
However you choose to structure things, just be sure that you have a strong team in place.
Read More >> http://jonathanmillspatrick.com/what-do-investors-look-for-in-a-startup/
This content was originally recorded for the SouthFound podcast, where I feature entrepreneurs and startups from the Southern United States.
What do investors look for in a startup?
When you are looking for investors to inject capital into your company it is important to be targeted with who you approach. Approaching investors that have no interest in your space or that haven't invested before at the level you need is a waste of your time. Think of this like the common Marketing topic of "target market".
Here are 9 things investors look for in a startup?
Team
My good friend and CEO of Angel Capital Group, Eric Dobson, often tells entrepreneurs that between 50-70% of an investors decision to put capital into a business is based on the team operating that company. The thought process is that the idea can be a grand slam solution, but if the team can't execute the plan you will never gain enough traction.
Having a solid team doesn't mean you must have a fully developed organizational structure already in place. It is important for most startups to have both technical and business-minded co-founders (rarely are they the same person). There are some functions that you can outsource, especially early on. Things like bookkeeping, graphic design and legal work.
Some entrepreneurs cover their bases on skills their team is missing by having an advisory Board. Here they invite other entrepreneurs and professionals willing to provide their time (sometimes for free or in exchange for small amounts of equity) to guide the company through issues within their experience.
However you choose to structure things, just be sure that you have a strong team in place.
Read More >> http://jonathanmillspatrick.com/what-do-investors-look-for-in-a-startup/
Legal Considerations For E-Commerce Startups
By: Krystle Warren
The Internet connects people all over the world with goods and services and an Internet business can eliminate many geographical limitations of a brick-and-mortar business. By conducting your business electronically, you can cut down on business operating expenses and reach a wider client base. Studies now show that over half of all internet traffic is conducted through mobile devices. Companies such as Facebook, Amazon, and Netflix have normalized on-demand and high growth internet-based businesses. However, e-commerce businesses still face a variety of legal requirements and issues that must be addressed to ensure the success of your business. It is important that startups consider the new and ever-changing legal landscape developing online. The following are only some legal considerations for e-commerce startups.
Best Business Selection and Formation
Like any other type of business, online startups must consider what type of formal business entity is best for them – if any. Do you want the liability protections of a limited liability company (LLC)? Do you want to incorporate to facilitate investors in your business? Do you simply want to run the startup as a sole proprietorship? It is important to weigh the benefits and drawbacks of each. A startup should always select a business entity that will best meet its short and long-term goals. Selecting the appropriate business entity depends upon a variety of factors, including the type of operation you are running, as well as your plans for growth.
Potential trademark violations – When you are selecting your domain name and posted content on your startup website, it is important to avoid infringing on any existing trademarks that may protect other content on the Internet. The Digital Millennium Copyright Act of 1998 (DMCA) provides protections against online copyright infringements, however, no such protections exist for trademarks. If you are accused of trademark violations, you can face significant legal liability from laws other than the DMCA.
Intellectual property protections – You do not want other companies infringing on your business name, brand, or original content that you post on your business website. Startups create and implement many novel business ideas that provide a new or innovative product or technology. Consequently, it is essential to ensure you have all necessary trademarks and copyrights in place to give you stronger legal rights if another business or person tries to misappropriate your protected content. A startup should work with an attorney to develop language and seek legal protections that will protect the startup’s ownership, naming, and intellectual property rights.
California Laws and Regulations
Startups are required to comply with state and federal regulations in order to operate internet-based operations. E-commerce businesses require many different contracts and agreements, all of which should be carefully reviewed and negotiated. Relevant contracts can involve website design, privacy policies, disclaimers, service agreements, terms of sale contracts, and terms of website use.
These are only a few of many different contracts your e-commerce startup will encounter and you should ensure that every contract is enforceable, has favorable terms, and protects the legal rights of your business.
Discuss Your Startup’s Legal Needs with a San Jose Startup Attorney Today
Although the internet has made doing business easier, it has also increased the number of legal risks a startup should consider and address. Every startup will have numerous legal considerations, whether you are doing business solely over the Internet, have a brick-and-mortar location, or a combination of the two. It can be difficult to recognize all of the laws implicated in your business and the risks of legal liability or financial losses. In order to ensure your startup gets off on the right foot, you should always discuss your business venture with an experienced startup attorney who thoroughly understands California business law. Working together, the startup and the lawyer can identify potential legal considerations that will need to be addressed and structure the startup in order to best minimize potential legal risk. Call Startup Company Counsel for assistance today at (408) 441-7555. Contact SCC to schedule a consultation with one of our experienced business attorneys.
The Internet connects people all over the world with goods and services and an Internet business can eliminate many geographical limitations of a brick-and-mortar business. By conducting your business electronically, you can cut down on business operating expenses and reach a wider client base. Studies now show that over half of all internet traffic is conducted through mobile devices. Companies such as Facebook, Amazon, and Netflix have normalized on-demand and high growth internet-based businesses. However, e-commerce businesses still face a variety of legal requirements and issues that must be addressed to ensure the success of your business. It is important that startups consider the new and ever-changing legal landscape developing online. The following are only some legal considerations for e-commerce startups.
Best Business Selection and Formation
Like any other type of business, online startups must consider what type of formal business entity is best for them – if any. Do you want the liability protections of a limited liability company (LLC)? Do you want to incorporate to facilitate investors in your business? Do you simply want to run the startup as a sole proprietorship? It is important to weigh the benefits and drawbacks of each. A startup should always select a business entity that will best meet its short and long-term goals. Selecting the appropriate business entity depends upon a variety of factors, including the type of operation you are running, as well as your plans for growth.
Potential trademark violations – When you are selecting your domain name and posted content on your startup website, it is important to avoid infringing on any existing trademarks that may protect other content on the Internet. The Digital Millennium Copyright Act of 1998 (DMCA) provides protections against online copyright infringements, however, no such protections exist for trademarks. If you are accused of trademark violations, you can face significant legal liability from laws other than the DMCA.
Intellectual property protections – You do not want other companies infringing on your business name, brand, or original content that you post on your business website. Startups create and implement many novel business ideas that provide a new or innovative product or technology. Consequently, it is essential to ensure you have all necessary trademarks and copyrights in place to give you stronger legal rights if another business or person tries to misappropriate your protected content. A startup should work with an attorney to develop language and seek legal protections that will protect the startup’s ownership, naming, and intellectual property rights.
California Laws and Regulations
Startups are required to comply with state and federal regulations in order to operate internet-based operations. E-commerce businesses require many different contracts and agreements, all of which should be carefully reviewed and negotiated. Relevant contracts can involve website design, privacy policies, disclaimers, service agreements, terms of sale contracts, and terms of website use.
These are only a few of many different contracts your e-commerce startup will encounter and you should ensure that every contract is enforceable, has favorable terms, and protects the legal rights of your business.
Discuss Your Startup’s Legal Needs with a San Jose Startup Attorney Today
Although the internet has made doing business easier, it has also increased the number of legal risks a startup should consider and address. Every startup will have numerous legal considerations, whether you are doing business solely over the Internet, have a brick-and-mortar location, or a combination of the two. It can be difficult to recognize all of the laws implicated in your business and the risks of legal liability or financial losses. In order to ensure your startup gets off on the right foot, you should always discuss your business venture with an experienced startup attorney who thoroughly understands California business law. Working together, the startup and the lawyer can identify potential legal considerations that will need to be addressed and structure the startup in order to best minimize potential legal risk. Call Startup Company Counsel for assistance today at (408) 441-7555. Contact SCC to schedule a consultation with one of our experienced business attorneys.
Startup India plan: Here's what you need to know
By: Naina Khedekar
Last year PM Modi had announced ‘Startup India, Stand Up’, an initiative to boost startups and newer innovations in India. Now, a few months down and he is out with the Startup action plan. A 30-page action plan has been introduced in such a way that it paves a smoother path for startups and remove hurdles that could hinder their growth.
Here's a brief summary about what has been announced at the Startup India event.
The government will be rolling out a mobile app on April 1, especially for startups. The procedure of setting up and registering for a startup will be simplified using this mobile app.
The Atal Innovation Mission has been announced to help incubate start-ups. It will grant seed funds and help strengthen existing incubation facilities. It will also offer pre-incubation training to entrepreneurs, among other things.
Start-ups can self-certify their compliance with environment and labour laws. There will be no inspection for three years.
For patent protection, the government will be setting up a panel of legal facilitators that will help file patents. It will also make the process of filing for patents easier and transparent. One can expect fast tracked patent applications too. Startups will also be given 80 percent rebate in filing patents, however, this is a pilot launch for one year.
The Modi government plans to relax registration procedures for startups. Startups will get 90-days open window to close their businesses in case of failure. A fund of Rs 10,000 crore is planned for the growth and development of the startups. It will be an infusion of Rs 2,500 crore a year. In case a start-up is looking to shut down operations, then a person in charge of the company will be appointed and the assets of the company will be liquidated and its creditors paid within six months.
The government has also announced credit guarantee fund worth Rs 500 crore per year.
Tax exemption for startups have been announced to promote their growth. Starting April 1, 2016, startups will be exempted from income-tax for three years. This exemption will be given to those with/invested in capital gains in the funds of fund recognised by the government. Besides, investments made by incubators above fair market value (FMV) will also be exempted.
(Also read: CP Gurnani on the tech ecosystem in India)
To further promote startups, the government plans national and international startup fests.
It plans 13 startup centres and 18 technology business incubators that will help setting up as well as scaling. There 31 centres of innovation will be set up at national institutions.
The government also plans to set up 7 research parks. Then, 50 new bio-technology incubators, 150 technology transfer offices and 20 bio connect offices will also be created.
(Also read: Flipkart's Sachin Bansal believes India isn't ready for internet IPOs yet)
Students can also expect innovation focused programs. These programs will be targeted at school kids. A Grand Challenge Program (National Initiative for Developing and Harnessing Innovations) will award Rs 10 lakhs to 20 student innovations.
However, to leverage these facilities, one has to adhere to certain rules to be recognised as a startup. The yearly turn over cannot exceed Rs 25 crore and a registered company/private company will be recognised as a startup, among other things. The business of the startup should be 'a new, innovative product that will add value to customers and their experience'. However, this is slightly tricky as who will decide whether the product is innovative? However, this may help with newer innovations rather than simply copying an existing model.
Last year PM Modi had announced ‘Startup India, Stand Up’, an initiative to boost startups and newer innovations in India. Now, a few months down and he is out with the Startup action plan. A 30-page action plan has been introduced in such a way that it paves a smoother path for startups and remove hurdles that could hinder their growth.
Here's a brief summary about what has been announced at the Startup India event.
The government will be rolling out a mobile app on April 1, especially for startups. The procedure of setting up and registering for a startup will be simplified using this mobile app.
The Atal Innovation Mission has been announced to help incubate start-ups. It will grant seed funds and help strengthen existing incubation facilities. It will also offer pre-incubation training to entrepreneurs, among other things.
Start-ups can self-certify their compliance with environment and labour laws. There will be no inspection for three years.
For patent protection, the government will be setting up a panel of legal facilitators that will help file patents. It will also make the process of filing for patents easier and transparent. One can expect fast tracked patent applications too. Startups will also be given 80 percent rebate in filing patents, however, this is a pilot launch for one year.
The Modi government plans to relax registration procedures for startups. Startups will get 90-days open window to close their businesses in case of failure. A fund of Rs 10,000 crore is planned for the growth and development of the startups. It will be an infusion of Rs 2,500 crore a year. In case a start-up is looking to shut down operations, then a person in charge of the company will be appointed and the assets of the company will be liquidated and its creditors paid within six months.
The government has also announced credit guarantee fund worth Rs 500 crore per year.
Tax exemption for startups have been announced to promote their growth. Starting April 1, 2016, startups will be exempted from income-tax for three years. This exemption will be given to those with/invested in capital gains in the funds of fund recognised by the government. Besides, investments made by incubators above fair market value (FMV) will also be exempted.
(Also read: CP Gurnani on the tech ecosystem in India)
To further promote startups, the government plans national and international startup fests.
It plans 13 startup centres and 18 technology business incubators that will help setting up as well as scaling. There 31 centres of innovation will be set up at national institutions.
The government also plans to set up 7 research parks. Then, 50 new bio-technology incubators, 150 technology transfer offices and 20 bio connect offices will also be created.
(Also read: Flipkart's Sachin Bansal believes India isn't ready for internet IPOs yet)
Students can also expect innovation focused programs. These programs will be targeted at school kids. A Grand Challenge Program (National Initiative for Developing and Harnessing Innovations) will award Rs 10 lakhs to 20 student innovations.
However, to leverage these facilities, one has to adhere to certain rules to be recognised as a startup. The yearly turn over cannot exceed Rs 25 crore and a registered company/private company will be recognised as a startup, among other things. The business of the startup should be 'a new, innovative product that will add value to customers and their experience'. However, this is slightly tricky as who will decide whether the product is innovative? However, this may help with newer innovations rather than simply copying an existing model.
Velcro Companies Comments On Successful Jury Verdict In U.S. Patent Case
By: Velcro Companies
Nov 29, 2017
BOSTON, Nov. 29, 2017 /PRNewswire/ -- Velcro Companies won an important jury verdict in a patent lawsuit brought by YKK Corporation. The jury concluded that Velcro Companies' VELCRO® Brand fasteners do not infringe YKK's patent.
"We are pleased to have won a favorable jury verdict following a four-year lawsuit against YKK Corporation," said Fraser Cameron, President and CEO of Velcro Companies. "Innovation is what drives our work and has been deeply rooted in the company since its founding more than 60 years ago. We strongly believe in ethical conduct and the value of intellectual property, and we take care to ensure our new products do not infringe on existing patents. We are pleased the jury in this case agreed with us."
In August 2013 YKK sued Velcro Companies – its primary rival in the transportation and automotive segment of the hook-and-loop fastener business – for patent infringement with the goal of obtaining an injunction and removing VELCRO® Brand 4Gi and MH4 hook fasteners from the transportation market. Many cars in the U.S. with fabric or leather covers use hook fastener strips embedded in seat cushions to secure seat trim covers, so a large market was at risk. The jury delivered a complete defense verdict of non-infringement, finding that Velcro Companies' VELCRO® Brand fasteners do not infringe YKK's patent.
The case is YKK Corporation et al v. Velcro USA Inc. (Middle District of Georgia). Velcro Companies was represented by Fish & Richardson (https://www.fr.com).
About Velcro Companies
Velcro Companies is a technology-driven, global organization providing fastening solutions that solve problems in simple, elegant and surprising ways for businesses and consumers around the world. We have a heritage of innovation spanning more than 50 years and own over 400 active patents and numerous trademarks, including the VELCRO® trademark, which is registered throughout the world. We develop and deliver solutions for customers through an integrated production and service system that includes manufacturing locations in the United States, Belgium, Canada, Mexico, Uruguay, Spain and China and sales offices around the world. To buy genuine VELCRO® brand products and to find out more about our company, visit www.velcro.com and www.dontsayvelcro.com.
Note to editors:
At Velcro Companies, we are proud that VELCRO® brand products have become a part of everyday life, but that ubiquity sometimes produces confusion. The VELCRO® trademark should be used only when referring to genuine VELCRO® brand fasteners. Non-VELCRO® brand products should be identified by their functional terms, such as "hook and loop," "self-adhesive straps," and so forth. The VELCRO® mark should always be used as an adjective and never as a noun or a verb. The term "Velcro Companies" should be used when referring to our company and its executives.
The proper use of the VELCRO® trademark assists us in safeguarding the integrity of the VELCRO® brand, and helps to protect consumers from products incorrectly sold as VELCRO® brand products. For further information on the proper use of the VELCRO® trademark, please see the guidelines on our website.
About Fish & Richardson
Fish & Richardson is a global patent prosecution, intellectual property litigation, and commercial litigation law firm with more than 400 attorneys and technology specialists in the U.S. and Europe. Our success is rooted in our creative and inclusive culture, which values the diversity of people, experiences, and perspectives. Fish is the No. 1 U.S. patent litigation firm, handling nearly three times as many cases as its nearest competitor; a powerhouse patent prosecution firm; a top-tier trademark and copyright firm; and the No. 1 firm at the Patent Trial and Appeal Board, with more cases than any other firm. Since 1878, Fish attorneys have been winning cases worth billions in controversy – often by making new law – for the world's most innovative and influential technology leaders. For more information, visit https://www.fr.com or follow us at @FishRichardson.
SOURCE Velcro Companies
Related Links
http://www.velcro.com
Read More >> https://www.prnewswire.com/news-releases/velcro-companies-comments-on-successful-jury-verdict-in-us-patent-case-300563590.html
Nov 29, 2017
BOSTON, Nov. 29, 2017 /PRNewswire/ -- Velcro Companies won an important jury verdict in a patent lawsuit brought by YKK Corporation. The jury concluded that Velcro Companies' VELCRO® Brand fasteners do not infringe YKK's patent.
"We are pleased to have won a favorable jury verdict following a four-year lawsuit against YKK Corporation," said Fraser Cameron, President and CEO of Velcro Companies. "Innovation is what drives our work and has been deeply rooted in the company since its founding more than 60 years ago. We strongly believe in ethical conduct and the value of intellectual property, and we take care to ensure our new products do not infringe on existing patents. We are pleased the jury in this case agreed with us."
In August 2013 YKK sued Velcro Companies – its primary rival in the transportation and automotive segment of the hook-and-loop fastener business – for patent infringement with the goal of obtaining an injunction and removing VELCRO® Brand 4Gi and MH4 hook fasteners from the transportation market. Many cars in the U.S. with fabric or leather covers use hook fastener strips embedded in seat cushions to secure seat trim covers, so a large market was at risk. The jury delivered a complete defense verdict of non-infringement, finding that Velcro Companies' VELCRO® Brand fasteners do not infringe YKK's patent.
The case is YKK Corporation et al v. Velcro USA Inc. (Middle District of Georgia). Velcro Companies was represented by Fish & Richardson (https://www.fr.com).
About Velcro Companies
Velcro Companies is a technology-driven, global organization providing fastening solutions that solve problems in simple, elegant and surprising ways for businesses and consumers around the world. We have a heritage of innovation spanning more than 50 years and own over 400 active patents and numerous trademarks, including the VELCRO® trademark, which is registered throughout the world. We develop and deliver solutions for customers through an integrated production and service system that includes manufacturing locations in the United States, Belgium, Canada, Mexico, Uruguay, Spain and China and sales offices around the world. To buy genuine VELCRO® brand products and to find out more about our company, visit www.velcro.com and www.dontsayvelcro.com.
Note to editors:
At Velcro Companies, we are proud that VELCRO® brand products have become a part of everyday life, but that ubiquity sometimes produces confusion. The VELCRO® trademark should be used only when referring to genuine VELCRO® brand fasteners. Non-VELCRO® brand products should be identified by their functional terms, such as "hook and loop," "self-adhesive straps," and so forth. The VELCRO® mark should always be used as an adjective and never as a noun or a verb. The term "Velcro Companies" should be used when referring to our company and its executives.
The proper use of the VELCRO® trademark assists us in safeguarding the integrity of the VELCRO® brand, and helps to protect consumers from products incorrectly sold as VELCRO® brand products. For further information on the proper use of the VELCRO® trademark, please see the guidelines on our website.
About Fish & Richardson
Fish & Richardson is a global patent prosecution, intellectual property litigation, and commercial litigation law firm with more than 400 attorneys and technology specialists in the U.S. and Europe. Our success is rooted in our creative and inclusive culture, which values the diversity of people, experiences, and perspectives. Fish is the No. 1 U.S. patent litigation firm, handling nearly three times as many cases as its nearest competitor; a powerhouse patent prosecution firm; a top-tier trademark and copyright firm; and the No. 1 firm at the Patent Trial and Appeal Board, with more cases than any other firm. Since 1878, Fish attorneys have been winning cases worth billions in controversy – often by making new law – for the world's most innovative and influential technology leaders. For more information, visit https://www.fr.com or follow us at @FishRichardson.
SOURCE Velcro Companies
Related Links
http://www.velcro.com
Read More >> https://www.prnewswire.com/news-releases/velcro-companies-comments-on-successful-jury-verdict-in-us-patent-case-300563590.html
Preparing to apply for a patent
There’s a lot you can do to help yourself before contacting a patent attorney to start the process of formally applying for a patent. Here are 5 tips to making sure you are on the right track with your idea.
Remember the importance of confidentiality
Inventors having their ideas stolen may make for good TV, but in real life it can be a hurtful and financially-painful experience. The key to avoiding falling victim to this is to enforce confidentiality at all times. Only communicate your ideas if you absolutely must and if you absolutely must then use a secure channel and have appropriate non-disclosure agreements in place. A solicitor can draw one of these up for you, or, if funds are particularly tight, there are example agreements on the internet, for example at the IPO website. Avoid communicating your idea even to people you trust, because this will eliminate the possibility either that you will find out that your trust was misplaced or that private information will be inadvertently revealed to an inappropriate party. Above all, avoid posting anything whatsoever to do with your idea on social media, not even teasers.
Check that your idea actually is original
Your idea may take an established concept and do it better (as Dyson is famous for doing) but it does have to be demonstrably new in some way in order to be patentable. Take some time to do your research and see what else is out there. If you find any alternative inventions with similarities to your own, you will then be able to discuss these with your patent attorney, who will be able to advise on whether they could cause issues with your patent application.
Make sure that your idea is actually feasible in practice
Patents are granted for inventions rather than ideas. It is in the highest degree unlikely that a patent will be granted for an abstract solution or a solution which relies on technologies which are yet to be proved to be within the capabilities of current manufacturing. Patents are granted for specific solutions which are new and inventive and are capable of being invented in the real world as it is at the time of making the application.
Confirm that the numbers add up from a business perspective
Assuming you are granted your patent, how, exactly, are you going to make money from your invention? If your plan is to make money on straightforward sales, then to whom will you sell, how will you distribute your product and how much will you realistically be able to charge for it? It may be very worthwhile employing someone to do some market research for you at this point, prior to spending money on patents and prototypes. If you looking at the “razorblade” model, where you plan to sell a key item at cost and make money on accessories, then the same questions apply and you also need to work out how you will protect yourself against people coming up with “compatible” accessories at a lower price. If you plan to make money by allowing third parties to sponsor your product in some way, essentially to use it as a publicity medium, then again who is going to do this and what is in it for them? In short, make sure that you are patenting a profitable business venture rather than just an innovative idea.
Print it or draw it
These days, advances in additive manufacturing (also known as 3D printing) are making it easier to produce working prototypes quickly and in a cost-effective way. These can be of great help in explaining the key parts of the invention to your patent attorney. Alternatively, inventors can use clear drawings and written explanations for the same purpose.
Remember the importance of confidentiality
Inventors having their ideas stolen may make for good TV, but in real life it can be a hurtful and financially-painful experience. The key to avoiding falling victim to this is to enforce confidentiality at all times. Only communicate your ideas if you absolutely must and if you absolutely must then use a secure channel and have appropriate non-disclosure agreements in place. A solicitor can draw one of these up for you, or, if funds are particularly tight, there are example agreements on the internet, for example at the IPO website. Avoid communicating your idea even to people you trust, because this will eliminate the possibility either that you will find out that your trust was misplaced or that private information will be inadvertently revealed to an inappropriate party. Above all, avoid posting anything whatsoever to do with your idea on social media, not even teasers.
Check that your idea actually is original
Your idea may take an established concept and do it better (as Dyson is famous for doing) but it does have to be demonstrably new in some way in order to be patentable. Take some time to do your research and see what else is out there. If you find any alternative inventions with similarities to your own, you will then be able to discuss these with your patent attorney, who will be able to advise on whether they could cause issues with your patent application.
Make sure that your idea is actually feasible in practice
Patents are granted for inventions rather than ideas. It is in the highest degree unlikely that a patent will be granted for an abstract solution or a solution which relies on technologies which are yet to be proved to be within the capabilities of current manufacturing. Patents are granted for specific solutions which are new and inventive and are capable of being invented in the real world as it is at the time of making the application.
Confirm that the numbers add up from a business perspective
Assuming you are granted your patent, how, exactly, are you going to make money from your invention? If your plan is to make money on straightforward sales, then to whom will you sell, how will you distribute your product and how much will you realistically be able to charge for it? It may be very worthwhile employing someone to do some market research for you at this point, prior to spending money on patents and prototypes. If you looking at the “razorblade” model, where you plan to sell a key item at cost and make money on accessories, then the same questions apply and you also need to work out how you will protect yourself against people coming up with “compatible” accessories at a lower price. If you plan to make money by allowing third parties to sponsor your product in some way, essentially to use it as a publicity medium, then again who is going to do this and what is in it for them? In short, make sure that you are patenting a profitable business venture rather than just an innovative idea.
Print it or draw it
These days, advances in additive manufacturing (also known as 3D printing) are making it easier to produce working prototypes quickly and in a cost-effective way. These can be of great help in explaining the key parts of the invention to your patent attorney. Alternatively, inventors can use clear drawings and written explanations for the same purpose.
Wednesday, November 29, 2017
Wearables startup Revolar finds new life, new investors
By: Greg Avery
A high-profile Denver tech startup that makes wearable emergency alert devices has been brought back to life just in time for holiday sales.
Revolar, which shut down in October after being hamstrung by supply chain problems, has new owners who bought the company’s intellectual property and assets, and are backing the startup’s founders.
Revolar’s smart-phone connected emergency alert buttons went back on sale on the company’s website on Black Friday, and they’re expected to be on Amazon.com and some other online stores by week’s end, said Steve Bachar, a co-founder in Empowerment Capital, the Denver investment firm that led the purchase of Revolar.
Revolar hit a “hiccup” in manufacturing its devices and its existing investors determined the startup wasn’t likely to meet their return expectations, Bachar said, which led to an auction of Revolar to resolve the company’s debt.
Empowerment Capital and Volante Capital Advisors, a private equity firm that invests in medical device companies, bought the assets of Revolar at auction, out bidding several other companies. Bachar didn’t disclose the cost of the bid or the terms of the deal, saying only he thought there were at least a dozen firms bidding.
“We were victorious in that auction, we resolved the supply chain issue and we’re back selling product,” he said, adding that things came together just in time for the holiday buying season. “Now is the critical time for any consumer company.”
Jacqueline Ros and Andrea Perdomo, the co-founding executives of Revolar, are back-running the company as president and chief operating officer, respectively.
Empowerment Capital had hoped to invest in Revolar before it ran into supply-chain trouble, largely because of Ros and Perdomo, Bachar said.
“They’re significant visionaries, and we’re happy to still have them,” he said.
Ros, inspired to help prevent sexual assaults after her sister was attacked, came up with the idea for Revolar. She co-founded the company with Perdomo in 2013 and then led the startup through the Boulder-based Techstars startup accelerator programs, including a retail-focused Techstars program run in partnership with retail giant Target.
Revolar’s buttons let a user discreetly send an emergency text message and location to pre-selected contacts, or simply to check in with contacts. Women and users with disabilities have been the product’s main buyers.
Revolar’s technology seems particularly relevant now, given the national conversation surrounding sexual assault and harassment of women, Bachar said.
The startup attracted $6 million in equity and debt backing from investors that included the Foundry Group, a Boulder-based venture capital firm.
Revolar built a team of 22 employees before its supply chain problems occurred. Ros aims to hire back many of the company’s former employees, she said.
“We’ve worked with some really incredible people. The only reason we were able to get picked back up was because of the team we had,” she said.
Revolar faced a legal battle after San Diego-based Security5 LLC alleged last year that Revolar’s product infringed on a patent. Revolar challenged the validity of Security5’s patent with the U.S. patent & Trade Office, suspending the lawsuit in federal court.
Indications from the patent office have been positive for Revolar, Bachar said, and he’s “very, very confident the final decision will go our way.”
The patent dispute didn’t contribute to Revolar shutting down last month, Ros said, adding she’s always been confident Revolar’s intellectual property is strong.
Revolar will have redundancy in its supply chain to prevent a repeat of the issues that befell the startup before, Bachar said.
Revolar is approaching a busy holiday season trying to sell its inventory while it hires back employees and a new board of directors is established under the new ownership.
Ros praised Foundry Group and Techstars for supporting the company for three years.
“We’ve learned so much from everybody,” Ros said. “Very few businesses get the chances we’ve had.”
Ros in recent weeks has heard from several customers, who the company calls “Revolarians,” who sought reassurance that the service would continue.
Ros and Perdomo stayed motivated to keep the business going because of customer stories about how they and their families rely on Revolar technology to help feel secure, Ros said.
“That’s something worth fighting for,” she said.
A high-profile Denver tech startup that makes wearable emergency alert devices has been brought back to life just in time for holiday sales.
Revolar, which shut down in October after being hamstrung by supply chain problems, has new owners who bought the company’s intellectual property and assets, and are backing the startup’s founders.
Revolar’s smart-phone connected emergency alert buttons went back on sale on the company’s website on Black Friday, and they’re expected to be on Amazon.com and some other online stores by week’s end, said Steve Bachar, a co-founder in Empowerment Capital, the Denver investment firm that led the purchase of Revolar.
Revolar hit a “hiccup” in manufacturing its devices and its existing investors determined the startup wasn’t likely to meet their return expectations, Bachar said, which led to an auction of Revolar to resolve the company’s debt.
Empowerment Capital and Volante Capital Advisors, a private equity firm that invests in medical device companies, bought the assets of Revolar at auction, out bidding several other companies. Bachar didn’t disclose the cost of the bid or the terms of the deal, saying only he thought there were at least a dozen firms bidding.
“We were victorious in that auction, we resolved the supply chain issue and we’re back selling product,” he said, adding that things came together just in time for the holiday buying season. “Now is the critical time for any consumer company.”
Jacqueline Ros and Andrea Perdomo, the co-founding executives of Revolar, are back-running the company as president and chief operating officer, respectively.
Empowerment Capital had hoped to invest in Revolar before it ran into supply-chain trouble, largely because of Ros and Perdomo, Bachar said.
“They’re significant visionaries, and we’re happy to still have them,” he said.
Ros, inspired to help prevent sexual assaults after her sister was attacked, came up with the idea for Revolar. She co-founded the company with Perdomo in 2013 and then led the startup through the Boulder-based Techstars startup accelerator programs, including a retail-focused Techstars program run in partnership with retail giant Target.
Revolar’s buttons let a user discreetly send an emergency text message and location to pre-selected contacts, or simply to check in with contacts. Women and users with disabilities have been the product’s main buyers.
Revolar’s technology seems particularly relevant now, given the national conversation surrounding sexual assault and harassment of women, Bachar said.
The startup attracted $6 million in equity and debt backing from investors that included the Foundry Group, a Boulder-based venture capital firm.
Revolar built a team of 22 employees before its supply chain problems occurred. Ros aims to hire back many of the company’s former employees, she said.
“We’ve worked with some really incredible people. The only reason we were able to get picked back up was because of the team we had,” she said.
Revolar faced a legal battle after San Diego-based Security5 LLC alleged last year that Revolar’s product infringed on a patent. Revolar challenged the validity of Security5’s patent with the U.S. patent & Trade Office, suspending the lawsuit in federal court.
Indications from the patent office have been positive for Revolar, Bachar said, and he’s “very, very confident the final decision will go our way.”
The patent dispute didn’t contribute to Revolar shutting down last month, Ros said, adding she’s always been confident Revolar’s intellectual property is strong.
Revolar will have redundancy in its supply chain to prevent a repeat of the issues that befell the startup before, Bachar said.
Revolar is approaching a busy holiday season trying to sell its inventory while it hires back employees and a new board of directors is established under the new ownership.
Ros praised Foundry Group and Techstars for supporting the company for three years.
“We’ve learned so much from everybody,” Ros said. “Very few businesses get the chances we’ve had.”
Ros in recent weeks has heard from several customers, who the company calls “Revolarians,” who sought reassurance that the service would continue.
Ros and Perdomo stayed motivated to keep the business going because of customer stories about how they and their families rely on Revolar technology to help feel secure, Ros said.
“That’s something worth fighting for,” she said.
Startup Festival 2017 Spotlight: Korean Startup Yeolrim Has Created The Smart Hearing Aid
By: Robert Morris. November 28, 2017
Korean Startup Yeolrim Has Created The Smart Hearing Aid
Our coverage of Startup Festival 2017 continues. Asian startups are creating some amazing technology. One of those companies is based right in South Korea where the Startup Festival 2017 is taking place through December 2nd.
Yeolrim has introduced the worlds first smart hearing aid.
In their own words:
THE YEOLRIM Co., Ltd. has completed four domestic patent registration and Completed 1 USA patent application for Smart Hearing Aid, and developed ‘Self-Auto Fitting’ Smart Hearing Aid based on wireless communication interface with this technology and developed mobile, Based active smart healthcare product development and service as its core business model.
THE YEOLRIM Co., Ltd. was founded by veteran researchers who have worked in Hyundai Electronics and Pantech for over 15 years, including CEOs, who have studied technology such as smart phones, hardware, software, networks, wireless communications, and amplifiers. In the domestic hearing aid market, which dominates over 85% of foreign products, it is necessary to pioneer new domestic and overseas markets with reasonable prices, original patent and technology, user convenience, differentiated design, and solve the problems of the hearing impaired people.
THE YEOLRIM Co., Ltd. is able to provide user-oriented healthcare service that is linked to smartphone and competitor’s products, and it can save consumers cost burden by excellent price competitiveness compared to foreign hearing aids of millions of won, reduce the time and cost wasted in personalization and purchasing process, The device can implement three multi functions: a hearing aid, a BT earphone, and a handsfree. In particular, we are able to offer differentiated customer value in terms of price, quality, distribution channels, and partnerships to enter overseas markets.
-THE YEOLRIM Co., Ltd. Successful performance of R&D task for systematic construction of Smart Hearing Aid and Smart Hearing System, certification of Korea Technology Guarantee Fund as venture company, Korea Credit Guarantee Fund’s first penguin-type start-up company certification, original patent related to Smart Hearing Aid and Completed 1 USA patent application record . In particular, the company plans to complete the final task in 2017 to acquire the certification of the government licensing authority for the BTE type smart hearing aid which has commercialized its own patent.
THE YEOLRIM Co., Ltd. In the hearing aid market dominated by global corporations, we apply Korean smart smart hardware, software, and device development capabilities to provide products with various functions and reasonable prices to elderly people, child hearing loss, hearing impaired people, To improve quality of life, to pioneer overseas markets, and to increase exports.
Korean Startup Yeolrim Has Created The Smart Hearing Aid
Our coverage of Startup Festival 2017 continues. Asian startups are creating some amazing technology. One of those companies is based right in South Korea where the Startup Festival 2017 is taking place through December 2nd.
Yeolrim has introduced the worlds first smart hearing aid.
In their own words:
THE YEOLRIM Co., Ltd. has completed four domestic patent registration and Completed 1 USA patent application for Smart Hearing Aid, and developed ‘Self-Auto Fitting’ Smart Hearing Aid based on wireless communication interface with this technology and developed mobile, Based active smart healthcare product development and service as its core business model.
THE YEOLRIM Co., Ltd. was founded by veteran researchers who have worked in Hyundai Electronics and Pantech for over 15 years, including CEOs, who have studied technology such as smart phones, hardware, software, networks, wireless communications, and amplifiers. In the domestic hearing aid market, which dominates over 85% of foreign products, it is necessary to pioneer new domestic and overseas markets with reasonable prices, original patent and technology, user convenience, differentiated design, and solve the problems of the hearing impaired people.
THE YEOLRIM Co., Ltd. is able to provide user-oriented healthcare service that is linked to smartphone and competitor’s products, and it can save consumers cost burden by excellent price competitiveness compared to foreign hearing aids of millions of won, reduce the time and cost wasted in personalization and purchasing process, The device can implement three multi functions: a hearing aid, a BT earphone, and a handsfree. In particular, we are able to offer differentiated customer value in terms of price, quality, distribution channels, and partnerships to enter overseas markets.
-THE YEOLRIM Co., Ltd. Successful performance of R&D task for systematic construction of Smart Hearing Aid and Smart Hearing System, certification of Korea Technology Guarantee Fund as venture company, Korea Credit Guarantee Fund’s first penguin-type start-up company certification, original patent related to Smart Hearing Aid and Completed 1 USA patent application record . In particular, the company plans to complete the final task in 2017 to acquire the certification of the government licensing authority for the BTE type smart hearing aid which has commercialized its own patent.
THE YEOLRIM Co., Ltd. In the hearing aid market dominated by global corporations, we apply Korean smart smart hardware, software, and device development capabilities to provide products with various functions and reasonable prices to elderly people, child hearing loss, hearing impaired people, To improve quality of life, to pioneer overseas markets, and to increase exports.
Intellectual Property Protection: An Untapped Assurance For Foreign Direct Investment In Nigeria By Garrick Nosa John
By: lawyard staff | Nov 17, 2017
ABSTRACT
While there may be different definitions of intellectual property, the need for its protection is one that enjoys universal acceptance. It is also of universal acceptance that foreign investment plays an integral role in the economic growth and sustainability of a country. Globalization has necessitated economic interaction between and among nations on bilateral and multilateral levels respectively. Nigeria, like many other nations, benefits from this economic interplay of resources through her diverse modes and channels for investment. This article will be restricted to one of such modes of investment – Foreign Direct Investment – as it purports to project intellectual property protection as a viable form of assurance for foreign investors seeking to invest in the Nigerian market.
1.0 INTRODUCTION
The Nigerian foreign investment framework is widely regarded as liberal in comparison to countries in Africa and other parts of the world.[1] This view is largely supported by the existing assurances and incentives made available to foreign investors by the Nigerian government. This gesture is geared towards portraying Nigeria as a country with legal and economic frameworks favourable to potential foreign investors. This brings to the fore the subject of this article; whether the protection of intellectual property rights is a viable assurance mechanism for foreign investment. If the answer is in the affirmative, then, are the current standards of intellectual property rights protection in Nigeria supportive of this development? An attempt to proffer adequate answers to these questions would require a careful examination of the extant laws and regulations relevant to this discourse, coupled with an analysis of the current intellectual property rights protection mechanisms in Nigeria today.
Assurances, in simple terms, are promises made or guarantees given by the Nigerian government, through the appropriate agencies, to prospective foreign investors. These assurances are geared towards encouraging foreigners to invest their resources in the Nigerian economy. The extant assurances and guarantees given to foreign investors in Nigeria, as reflected in the Nigerian Investment Promotion Act, are as follows:[2]
A foreigner is free to do business either alone or in partnership with any other person in any sector not contained in the negative list[3]
A foreign investor is guaranteed total repatriation of profits (net of taxes) and remittance of proceeds (net of taxes) and other obligations in the event of sale or liquidation of the enterprise embarked upon in Nigeria
A foreign investor enjoys unconditional transferability of funds through an authorized dealer[4], in freely convertible currency
A foreigner’s business enterprise is protected against nationalization or expropriation, and is guaranteed prompt and adequate compensation in the unlikely event of nationalization
A foreign investor is afforded free capital importation on the condition that it is done through an authorized dealer
A foreign investor is assured of an effective dispute resolution mechanism that is not controlled by local courts but based on applicable international and investment treaties
The above listed assurances currently employed by the Nigerian government are laudable, considering the effect they have had so far in attracting investors to the Nigerian economy. However, given the pace at which the economies of the world are currently expanding, following globalization and the surge in business ideas, there exist more opportunities for business growth and an increased level of competition for foreign investment by the international community. While profit maximization from these business ideas is paramount for business owners, a slice of the pie in the form of foreign investment should be a source of motivation for the international community, including Nigeria, to push beyond the norm in creating an environment economically suitable to the foreign investor.
Ideas, which are products of the intellect, ultimately lead to the establishment of businesses. Business owners are potential investors who choose to invest in any market in the world as they deem fit. They seek to introduce the products of their intellect to foreign markets, not just to get financial returns, but to gain recognition and wide acceptance for the businesses they create. Thus, business owners are not solely concerned with the ease of doing business in a chosen country; equally important to them is the assurance that if they decide to actively participate in the chosen market, the rights relating to their business ideas will be protected. Hence, the separation of intellectual property and business creation becomes an impossible endeavor.
Consequently, the Nigerian government should as a matter of importance implement effective measures to ensure that these rights are not only protected, but seen to be manifestly protected. This would assuage concerns entertained by potential investors, and consequently, increase the inflow of much needed foreign investments into Nigeria.
Read More >> https://www.lawyard.ng/intellectual-property-protection-an-untapped-assurance-for-foreign-direct-investment-in-nigeria-by-garrick-nosa-john/
ABSTRACT
While there may be different definitions of intellectual property, the need for its protection is one that enjoys universal acceptance. It is also of universal acceptance that foreign investment plays an integral role in the economic growth and sustainability of a country. Globalization has necessitated economic interaction between and among nations on bilateral and multilateral levels respectively. Nigeria, like many other nations, benefits from this economic interplay of resources through her diverse modes and channels for investment. This article will be restricted to one of such modes of investment – Foreign Direct Investment – as it purports to project intellectual property protection as a viable form of assurance for foreign investors seeking to invest in the Nigerian market.
1.0 INTRODUCTION
The Nigerian foreign investment framework is widely regarded as liberal in comparison to countries in Africa and other parts of the world.[1] This view is largely supported by the existing assurances and incentives made available to foreign investors by the Nigerian government. This gesture is geared towards portraying Nigeria as a country with legal and economic frameworks favourable to potential foreign investors. This brings to the fore the subject of this article; whether the protection of intellectual property rights is a viable assurance mechanism for foreign investment. If the answer is in the affirmative, then, are the current standards of intellectual property rights protection in Nigeria supportive of this development? An attempt to proffer adequate answers to these questions would require a careful examination of the extant laws and regulations relevant to this discourse, coupled with an analysis of the current intellectual property rights protection mechanisms in Nigeria today.
Assurances, in simple terms, are promises made or guarantees given by the Nigerian government, through the appropriate agencies, to prospective foreign investors. These assurances are geared towards encouraging foreigners to invest their resources in the Nigerian economy. The extant assurances and guarantees given to foreign investors in Nigeria, as reflected in the Nigerian Investment Promotion Act, are as follows:[2]
A foreigner is free to do business either alone or in partnership with any other person in any sector not contained in the negative list[3]
A foreign investor is guaranteed total repatriation of profits (net of taxes) and remittance of proceeds (net of taxes) and other obligations in the event of sale or liquidation of the enterprise embarked upon in Nigeria
A foreign investor enjoys unconditional transferability of funds through an authorized dealer[4], in freely convertible currency
A foreigner’s business enterprise is protected against nationalization or expropriation, and is guaranteed prompt and adequate compensation in the unlikely event of nationalization
A foreign investor is afforded free capital importation on the condition that it is done through an authorized dealer
A foreign investor is assured of an effective dispute resolution mechanism that is not controlled by local courts but based on applicable international and investment treaties
The above listed assurances currently employed by the Nigerian government are laudable, considering the effect they have had so far in attracting investors to the Nigerian economy. However, given the pace at which the economies of the world are currently expanding, following globalization and the surge in business ideas, there exist more opportunities for business growth and an increased level of competition for foreign investment by the international community. While profit maximization from these business ideas is paramount for business owners, a slice of the pie in the form of foreign investment should be a source of motivation for the international community, including Nigeria, to push beyond the norm in creating an environment economically suitable to the foreign investor.
Ideas, which are products of the intellect, ultimately lead to the establishment of businesses. Business owners are potential investors who choose to invest in any market in the world as they deem fit. They seek to introduce the products of their intellect to foreign markets, not just to get financial returns, but to gain recognition and wide acceptance for the businesses they create. Thus, business owners are not solely concerned with the ease of doing business in a chosen country; equally important to them is the assurance that if they decide to actively participate in the chosen market, the rights relating to their business ideas will be protected. Hence, the separation of intellectual property and business creation becomes an impossible endeavor.
Consequently, the Nigerian government should as a matter of importance implement effective measures to ensure that these rights are not only protected, but seen to be manifestly protected. This would assuage concerns entertained by potential investors, and consequently, increase the inflow of much needed foreign investments into Nigeria.
Read More >> https://www.lawyard.ng/intellectual-property-protection-an-untapped-assurance-for-foreign-direct-investment-in-nigeria-by-garrick-nosa-john/
Applying for patent in a bootstrapping startup
By: Jean-Christophe Lavocat
Protecting intellectual property in a digital world is tricky. I know that perfectly well since I have always tried to reverse engineer applications or online services other created. I had a lot of fun while learning how to crack software 15 years ago. Later I realized how easy it was to cheat on Flash games and spent some time cracking online contests just for distraction.
More recently, when I tried to create a startup called WordiZ.it, I spent some time doing some reverse engineering on Google+ API, to discover hidden data. This attraction to the dark side had a bad ending in the case of WordiZ. Since I started to build upon a non-maintained stream of Data, any change from Google meant I had to work lots of hours to find a new way to collect data. Eventually, Google stopped providing it completely, and my first startup idea became irrelevant in one day.
This post is a quick reflection about bootstrapping (low-budget) software startups and patents. It appears that nowadays startups are less attracted to patenting than they were before 2008. Globally I have a hard time understanding patents, and I wonder if there is any interest for small/young software projects. The post will contain misunderstood facts and incorrect information. So please, if you find something wrong, let a comment and I’ll update the article.
Read More >> http://jice.lavocat.name/blog/2016/applying-for-patent-in-a-bootstrapping-startup/
Protecting intellectual property in a digital world is tricky. I know that perfectly well since I have always tried to reverse engineer applications or online services other created. I had a lot of fun while learning how to crack software 15 years ago. Later I realized how easy it was to cheat on Flash games and spent some time cracking online contests just for distraction.
More recently, when I tried to create a startup called WordiZ.it, I spent some time doing some reverse engineering on Google+ API, to discover hidden data. This attraction to the dark side had a bad ending in the case of WordiZ. Since I started to build upon a non-maintained stream of Data, any change from Google meant I had to work lots of hours to find a new way to collect data. Eventually, Google stopped providing it completely, and my first startup idea became irrelevant in one day.
This post is a quick reflection about bootstrapping (low-budget) software startups and patents. It appears that nowadays startups are less attracted to patenting than they were before 2008. Globally I have a hard time understanding patents, and I wonder if there is any interest for small/young software projects. The post will contain misunderstood facts and incorrect information. So please, if you find something wrong, let a comment and I’ll update the article.
Read More >> http://jice.lavocat.name/blog/2016/applying-for-patent-in-a-bootstrapping-startup/
Monday, November 27, 2017
The Supreme Court's Blockbuster Patent Case: What You Need to Know
The Supreme Court has heard some big intellectual property cases in recent years, but nothing like this. On Monday, the court is hearing a constitutional challenge that could topple a major pillar of the current patent system, and send economic ripples through the tech and retail sectors.
The case, known as Oil States, is about a procedure for challenging questionable patents at the Patent Office. But it also raises fundamental questions about the nature of property and the role of juries, and has led everyone from Apple to the AARP to dozens of law professors to weigh in. Here’s a plain English guide to the case.
What is the case about?
The case turns on a 2011 law that created a new way to challenge the validity of a patent. This method, known as inter partes review, involves specialist judges at the Patent Office, and is faster and less expensive than going to federal court.
When a firm called Oil States Energy Services tried to sue a rival for patent infringement, the rival went to the Patent Office under the 2011 process and said the patent shouldn’t have been granted in the first place. The Patent Office agreed and cancelled the patent.
Oil States is now claiming the whole Patent Office review process is unconstitutional. The company argues its patent was a type of property that can’t be taken without proper compensation, and that the process should take place before a jury in federal court.
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