By: Michael J Foycik Jr.
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
How to patent an idea? There are several good approaches, as follows. Easiest: file a Provisional patent application ("PPA"). Advantages: low cost, low government fee, few formalities, true "patent pending" status, priority rights for any later-filed utility or PCT applications filed within one year. No examination occurs.
How to file a Provisional patent application (PPA): service fee is relatively low and very affordable; call or email for a quote for a specific invention idea.
Next up: file a Design patent application. Yes, it protects just the appearance of the inventive product or design, but costs much less than a utility patent application, has lower government filing fees, and often has better chances of success with the US Patent Office. Call or email for a price quote for a specific inventive idea, there is no charge or obligation.
Or, get a utility patent application on your idea. The Utility patent application is sometimes referred to as a regular application. It costs about three or four times what a provisional application costs, but should still be relatively affordable. It does require formal drawings, and will be examined by the patent office, possibly requiring a response. The chances of success are unpredictable, and vary depending on the invention itself and the specific examiner who examines it for the US Patent Office. Call for a price quote for a specific inventive idea, there is no risk or obligation.
Read More >> http://internationalpatentservice.com/How-to-Patent-an-Idea.html
Sunday, April 29, 2018
Saturday, April 28, 2018
How Do You Fight Against Patent Infringement?
By: tpladmin
Being sued for patent infringement is more common than you may think it is. The number of lawsuits filed against patent developers has been rising steadily year after year. Some of these lawsuits are hardly genuine. Some lawsuits are filed simply to intimidate an inventor into paying a sum of money to settle under false pretenses. In other cases, these lawsuits are filed simply to stop the inventor from proceeding with their invention work. Of course, there are cases that are genuine, but one can never be sure without unraveling the facts. How does one go about fighting against patent infringement? Here’s a line of defense you should consider. Needless to say, you should consider having a patent lawyer to represent you.
Motion to Dismiss
The first course of action is to question the validity of the claim of infringement. This is an easy way to filter out those claims that are unsubstantiated. This line of defence will first seek to disprove the validity of the patent infringement claim by highlighting its failure in complying with the conditions set forth in the Patent Act and Patent Rules. This is the course of action preferred by most patent lawyers.
Invalidity Contentions
One only needs a defense against a patent infringement lawsuit if the ‘patent’ is a valid one. This line of defense involves disproving the existence of the patent by challenging it under invalidity contentions. One could disprove the patent by challenging its obviousness or its indefiniteness. This is another way to filter out the ‘patent trolls’ from the genuine ones.
Infringement Contention
The next step involves raising valid objections to the claims made by the plaintiff. The plaintiff responds by defending each of the claims they make with adequate specificity to the code prescribed by the legal framework within which the entity operates. If the plaintiff fails to defend their position, then there’s enough reason for the judge to strike off the allegations. This line of action represents a counterattack to their attack.
Now, let us assume the infringement has substance and that the plaintiffs’ line of attack has merit, what then? Under such circumstances, you are at an increased risk of suffering major damage. There are several things to consider when you’re faced with a situation like that. For instance, what are the chances of winning the case? What are the costs associated with a loss? What is the commercial scope of the invention?
Contact a patent lawyer to address these important questions as these answers are important in how you choose to move forward. Other options for dealing with a potential infringement issue are also available and may include entering into a licence. It’s always important to remember not all patent infringement lawsuits have substance. It’s imperative that you don’t succumb to the pressure exerted by the weight of a legal notice and rationally approach the situation with the support of able legal representation.
Source >> http://trademarkspatentslawyer.com/fight-against-patent-infringement/
Being sued for patent infringement is more common than you may think it is. The number of lawsuits filed against patent developers has been rising steadily year after year. Some of these lawsuits are hardly genuine. Some lawsuits are filed simply to intimidate an inventor into paying a sum of money to settle under false pretenses. In other cases, these lawsuits are filed simply to stop the inventor from proceeding with their invention work. Of course, there are cases that are genuine, but one can never be sure without unraveling the facts. How does one go about fighting against patent infringement? Here’s a line of defense you should consider. Needless to say, you should consider having a patent lawyer to represent you.
Motion to Dismiss
The first course of action is to question the validity of the claim of infringement. This is an easy way to filter out those claims that are unsubstantiated. This line of defence will first seek to disprove the validity of the patent infringement claim by highlighting its failure in complying with the conditions set forth in the Patent Act and Patent Rules. This is the course of action preferred by most patent lawyers.
Invalidity Contentions
One only needs a defense against a patent infringement lawsuit if the ‘patent’ is a valid one. This line of defense involves disproving the existence of the patent by challenging it under invalidity contentions. One could disprove the patent by challenging its obviousness or its indefiniteness. This is another way to filter out the ‘patent trolls’ from the genuine ones.
Infringement Contention
The next step involves raising valid objections to the claims made by the plaintiff. The plaintiff responds by defending each of the claims they make with adequate specificity to the code prescribed by the legal framework within which the entity operates. If the plaintiff fails to defend their position, then there’s enough reason for the judge to strike off the allegations. This line of action represents a counterattack to their attack.
Now, let us assume the infringement has substance and that the plaintiffs’ line of attack has merit, what then? Under such circumstances, you are at an increased risk of suffering major damage. There are several things to consider when you’re faced with a situation like that. For instance, what are the chances of winning the case? What are the costs associated with a loss? What is the commercial scope of the invention?
Contact a patent lawyer to address these important questions as these answers are important in how you choose to move forward. Other options for dealing with a potential infringement issue are also available and may include entering into a licence. It’s always important to remember not all patent infringement lawsuits have substance. It’s imperative that you don’t succumb to the pressure exerted by the weight of a legal notice and rationally approach the situation with the support of able legal representation.
Source >> http://trademarkspatentslawyer.com/fight-against-patent-infringement/
Thursday, April 26, 2018
Ways To Make Money From Your Patent
By: Michael J Foycik Jr.
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Ways To Make Money From Your Patent
Here are some ways inventors can make money from their patents. These come directly from actual successes of actual inventors, as told by the inventors themselves in published interviews.
It is important to realize that every invention is different, with different markets. And, different inventions tend to attract different types of investors. Focus on what makes your invention different, and the rest will be easier.
The Licensing Approach - Accumulating Licensees
There are several approaches to gaining licensees. The following is one of the most successful approaches, where there are a number of different infringers. Where there is only one infringer, it may be necessary to threaten litigation, but that only works if the infringer believes you have the resources to do it.
First: identify which companies, products or services may be infringing your patent. Make a list, and try to estimate the sales of each one.
Then, line up the infringers by the estimated amount of infringing sales. Send demand letters to the smallest infringers, asking relatively small royalties. It would not be unreasonable to offer petty infringers royalty rates of 2%, or in some cases even a 0% royalty; all conditioned upon sales being below a certain limit.
As you accumulate more and more licensees, you will approach larger and larger infringers. The more licensees you have, the easier it is to sign on bigger companies as licensees. And, you can ask form somewhat larger royalty amounts. Having ten licensees, for example, is a persuasive factor to a company you approach for royalties, when that company is deciding whether or not to risk being sued for infringement. By this time, the royalty demands should be in the 6% to 9% range.
The largest infringers are saved for last. For those companies, seeing your list of licensees suggests you will have substantial reserves in case of litigation. It is much easier, by this point, to persuade them to pay the higher royalties in the range of 10% to 18%.
Read More >> http://internationalpatentservice.com/Ways-To-Make-Money-From-Your-Patent.html
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Ways To Make Money From Your Patent
Here are some ways inventors can make money from their patents. These come directly from actual successes of actual inventors, as told by the inventors themselves in published interviews.
It is important to realize that every invention is different, with different markets. And, different inventions tend to attract different types of investors. Focus on what makes your invention different, and the rest will be easier.
The Licensing Approach - Accumulating Licensees
There are several approaches to gaining licensees. The following is one of the most successful approaches, where there are a number of different infringers. Where there is only one infringer, it may be necessary to threaten litigation, but that only works if the infringer believes you have the resources to do it.
First: identify which companies, products or services may be infringing your patent. Make a list, and try to estimate the sales of each one.
Then, line up the infringers by the estimated amount of infringing sales. Send demand letters to the smallest infringers, asking relatively small royalties. It would not be unreasonable to offer petty infringers royalty rates of 2%, or in some cases even a 0% royalty; all conditioned upon sales being below a certain limit.
As you accumulate more and more licensees, you will approach larger and larger infringers. The more licensees you have, the easier it is to sign on bigger companies as licensees. And, you can ask form somewhat larger royalty amounts. Having ten licensees, for example, is a persuasive factor to a company you approach for royalties, when that company is deciding whether or not to risk being sued for infringement. By this time, the royalty demands should be in the 6% to 9% range.
The largest infringers are saved for last. For those companies, seeing your list of licensees suggests you will have substantial reserves in case of litigation. It is much easier, by this point, to persuade them to pay the higher royalties in the range of 10% to 18%.
Read More >> http://internationalpatentservice.com/Ways-To-Make-Money-From-Your-Patent.html
Wednesday, April 25, 2018
Supreme Court Rocks the Trademark Office in ‘Slants’ Case
By: Armen N. Nercessian & Matthew B. Becker & Eric Ball
After a streak of six patent decisions uniformly overruling the Federal Circuit, and for the first time all term, the Supreme Court finally handed the Federal Circuit a win this week. In its landmark ruling in Matal v. Tam (formerly Lee v. Tam), the U.S. Supreme Court struck down the restriction on the registration of marks that “disparage” under Section 2(a) of the Lanham Act, 15 U.S.C. § 1052(a). Justice Samuel A. Alito Jr. wrote unanimously for the eight justices in holding that Section 2(a)’s prohibition on disparaging registrations violates “a bedrock First Amendment principle: Speech may not be banned on the ground that it expresses ideas that offend.”
“Let the Right One In”
Section 2(a) of the Lanham Act, 15 U.S.C. § 1052(a)
Trademark law in the United States is rooted in common law, with individuals and entities earning trademark protection under state law through the use of their marks in commerce, without the need for registration. In 1946, Congress harmonized trademark law throughout the United States by passing the Lanham Act, which granted federal, nationwide trademark protection on top of existing state-based rights, if the trademark owner applied for and obtained a federal registration for its mark.
Section 2(a) of the Lanham Act states in relevant part that the U.S. Patent and Trademark Office may prohibit the registration of marks that may “disparage… or bring… into contempt, or disrepute” any “persons, living or dead, institutions, beliefs or national symbols.” Section 2(a) has been the subject of controversy and lawsuits in recent years. In 2014, the Trademark Office used Section 2(a) to cancel federal trademark registrations in six marks for a Washington football team, finding that the REDSKINS mark disparaged Native Americans. On appeal, the Fourth Circuit stayed the matter pending the Supreme Court’s resolution of the Tam case. Pro-Football, Inc. v. Blackhorse, 112 F. Supp. 3d 439 (E.D.Va. 2015), appeal docketed, No. 15-1874 (4th Cir. Aug. 6, 2015).
“The Band Who Must Not Be Named [or Registered]”
Background on the THE SLANTS decisions
In 2006, Simon Shiao Tam founded the all-Asian American dance-rock band “The Slants,” and several years later he applied to federally register THE SLANTS as a trademark for his band with the Trademark Office in 2011. The Trademark Office denied Mr. Tam’s registration application under Section 2(a), finding that the mark THE SLANTS as used for an all-Asian rock band would disparage a substantial composite of persons of Asian descent. The Trademark Office’s determination was affirmed on appeal before the Trademark Trial and Appeal Board, even though Mr. Tam defended his band’s use of the name, stating that his intention was not to disparage Asians but to reclaim and take ownership of that term. Mr. Tam then appealed this determination to the Federal Circuit.
The initial panel of the Federal Circuit affirmed the TTAB’s decision to refuse Mr. Tam’s federal registration. In re Simon Shiao Tam, 785 F.3d 567 (Fed. Cir. 2015). But one of the panelists, Judge Kimberly Ann Moore, wrote separately to make the case that Section 2(a)’s prohibition on disparaging registrations was unconstitutional. The Federal Circuit then granted en banc review on the question of Section 2(a)’s constitutionality. Sitting en banc, the Federal Circuit held by a 9-3 majority that prohibiting the federal registration of disparaging marks violates the First Amendment. In re Simon Shiao Tam, 808 F.3d 1321 (Fed. Cir. 2015) (en banc).
Read More >> http://www.ipwatchdog.com/2017/06/26/supreme-court-rocks-trademark-office-slants-case/id=84967/
After a streak of six patent decisions uniformly overruling the Federal Circuit, and for the first time all term, the Supreme Court finally handed the Federal Circuit a win this week. In its landmark ruling in Matal v. Tam (formerly Lee v. Tam), the U.S. Supreme Court struck down the restriction on the registration of marks that “disparage” under Section 2(a) of the Lanham Act, 15 U.S.C. § 1052(a). Justice Samuel A. Alito Jr. wrote unanimously for the eight justices in holding that Section 2(a)’s prohibition on disparaging registrations violates “a bedrock First Amendment principle: Speech may not be banned on the ground that it expresses ideas that offend.”
“Let the Right One In”
Section 2(a) of the Lanham Act, 15 U.S.C. § 1052(a)
Trademark law in the United States is rooted in common law, with individuals and entities earning trademark protection under state law through the use of their marks in commerce, without the need for registration. In 1946, Congress harmonized trademark law throughout the United States by passing the Lanham Act, which granted federal, nationwide trademark protection on top of existing state-based rights, if the trademark owner applied for and obtained a federal registration for its mark.
Section 2(a) of the Lanham Act states in relevant part that the U.S. Patent and Trademark Office may prohibit the registration of marks that may “disparage… or bring… into contempt, or disrepute” any “persons, living or dead, institutions, beliefs or national symbols.” Section 2(a) has been the subject of controversy and lawsuits in recent years. In 2014, the Trademark Office used Section 2(a) to cancel federal trademark registrations in six marks for a Washington football team, finding that the REDSKINS mark disparaged Native Americans. On appeal, the Fourth Circuit stayed the matter pending the Supreme Court’s resolution of the Tam case. Pro-Football, Inc. v. Blackhorse, 112 F. Supp. 3d 439 (E.D.Va. 2015), appeal docketed, No. 15-1874 (4th Cir. Aug. 6, 2015).
“The Band Who Must Not Be Named [or Registered]”
Background on the THE SLANTS decisions
In 2006, Simon Shiao Tam founded the all-Asian American dance-rock band “The Slants,” and several years later he applied to federally register THE SLANTS as a trademark for his band with the Trademark Office in 2011. The Trademark Office denied Mr. Tam’s registration application under Section 2(a), finding that the mark THE SLANTS as used for an all-Asian rock band would disparage a substantial composite of persons of Asian descent. The Trademark Office’s determination was affirmed on appeal before the Trademark Trial and Appeal Board, even though Mr. Tam defended his band’s use of the name, stating that his intention was not to disparage Asians but to reclaim and take ownership of that term. Mr. Tam then appealed this determination to the Federal Circuit.
The initial panel of the Federal Circuit affirmed the TTAB’s decision to refuse Mr. Tam’s federal registration. In re Simon Shiao Tam, 785 F.3d 567 (Fed. Cir. 2015). But one of the panelists, Judge Kimberly Ann Moore, wrote separately to make the case that Section 2(a)’s prohibition on disparaging registrations was unconstitutional. The Federal Circuit then granted en banc review on the question of Section 2(a)’s constitutionality. Sitting en banc, the Federal Circuit held by a 9-3 majority that prohibiting the federal registration of disparaging marks violates the First Amendment. In re Simon Shiao Tam, 808 F.3d 1321 (Fed. Cir. 2015) (en banc).
Read More >> http://www.ipwatchdog.com/2017/06/26/supreme-court-rocks-trademark-office-slants-case/id=84967/
How to Get a Patent
By: Michael J Foycik Jr.
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
How to Get a Patent
How to get a Patent? That’s a good question! The short and long answers are below.
The short answer is : In the US, file a US Utility Patent Application, or a US Design Patent Application. Note that a US Provisional Patent Application does not become a US Patent, but does give “patent pending” status.
And, do you need a US Patent Attorney? Yes and No. In theory, a patent application can be filed by the inventor. Due to the great number of legal technicalities and chances of losing rights by use of poor legal language or by failing to add the right legal language, most authorities believe it is by far the best course of action to have a US Patent Attorney prepare the patent application. Some very experienced inventors might prepare their own patent applications, although that is not common.
The longer answer is:
These are the basic steps for how to get a patent. For a Utility Patent, the goal is to get broad claims allowed by the US Patent Office, and which become part of an Issued Patent. The claims define the scope of what is legally protected by the issued patent.
The inventor should write a description of the invention, and make sketches or drawings which can show the invention. The description and drawings do not have to be very detailed, as long as they clearly explain what the inventor believes is new.
If working with a US Patent Attorney or US Patent Lawyer, something which is highly recommended, this information may be enough to start. The US Patent Attorney will then draft a more detailed version of the invention in the format required by the US Patent Office, referred to below as the USPTO (which is short for US Patent and Trademark Office).
What will the US Patent Attorney add to help the invention? Good question! The US Patent Attorney will provide the correct wording for various elements, and will provide a set of claims to set forth the legal rights proposed for the invention. Proper drafting of the specification and claims requires good knowledge of current laws and legal case decisions. It should include proper use of “means for” language which may need to be present in the claims and specification, and must be properly supported by an explanation of equivalent structures or functional elements. The US Patent Attorney can provide additional language to encompass or add features which would be known to anyone having skill in the art, in order to broaden the scope of the resulting claims.
The US Patent Attorney will send the draft application to the inventor for changes and additions. This draft application may go back and forth more than once, until the Inventor is satisfied with the draft application. At that point, the draft application is filed with the USPTO by the US Patent Attorney together with the necessary transmittal forms and legal forms.
The USPTO will send an Official Filing Receipt. After that, the USPTO will conduct a search of the prior art patents and other literature, and send an Official Action reporting the results of that search together with an explanation of any objections or rejections. The objections can be to the form or language used, including any objections to the drawings, specification, or claims. The rejections will be legally based, and can include rejections over prior art, as either “anticipated” or “obvious over” the prior art. Other rejections can include “non-operability” and “non-statutory” rejections. It is possible to respond to these objections and rejections, and in many cases these objections and rejections can be overcome by a proper response.
The US Patent Attorney can respond to any such official action 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. The response will also respond to any objections.
The rejections over the prior art can be overcome, when possible, by amending the claims to avoid the cited prior art, or by providing arguments in support of patentability. For example, a cited prior art patent might not work in exactly the same way as the invention, or it might not have equivalent structural or functional elements as the invention.
The USPTO will consider the Response filed by the US Patent Attorney.
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.
Read More >> http://internationalpatentservice.com/how-to-get-a-patent.html
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
How to Get a Patent
How to get a Patent? That’s a good question! The short and long answers are below.
The short answer is : In the US, file a US Utility Patent Application, or a US Design Patent Application. Note that a US Provisional Patent Application does not become a US Patent, but does give “patent pending” status.
And, do you need a US Patent Attorney? Yes and No. In theory, a patent application can be filed by the inventor. Due to the great number of legal technicalities and chances of losing rights by use of poor legal language or by failing to add the right legal language, most authorities believe it is by far the best course of action to have a US Patent Attorney prepare the patent application. Some very experienced inventors might prepare their own patent applications, although that is not common.
The longer answer is:
These are the basic steps for how to get a patent. For a Utility Patent, the goal is to get broad claims allowed by the US Patent Office, and which become part of an Issued Patent. The claims define the scope of what is legally protected by the issued patent.
The inventor should write a description of the invention, and make sketches or drawings which can show the invention. The description and drawings do not have to be very detailed, as long as they clearly explain what the inventor believes is new.
If working with a US Patent Attorney or US Patent Lawyer, something which is highly recommended, this information may be enough to start. The US Patent Attorney will then draft a more detailed version of the invention in the format required by the US Patent Office, referred to below as the USPTO (which is short for US Patent and Trademark Office).
What will the US Patent Attorney add to help the invention? Good question! The US Patent Attorney will provide the correct wording for various elements, and will provide a set of claims to set forth the legal rights proposed for the invention. Proper drafting of the specification and claims requires good knowledge of current laws and legal case decisions. It should include proper use of “means for” language which may need to be present in the claims and specification, and must be properly supported by an explanation of equivalent structures or functional elements. The US Patent Attorney can provide additional language to encompass or add features which would be known to anyone having skill in the art, in order to broaden the scope of the resulting claims.
The US Patent Attorney will send the draft application to the inventor for changes and additions. This draft application may go back and forth more than once, until the Inventor is satisfied with the draft application. At that point, the draft application is filed with the USPTO by the US Patent Attorney together with the necessary transmittal forms and legal forms.
The USPTO will send an Official Filing Receipt. After that, the USPTO will conduct a search of the prior art patents and other literature, and send an Official Action reporting the results of that search together with an explanation of any objections or rejections. The objections can be to the form or language used, including any objections to the drawings, specification, or claims. The rejections will be legally based, and can include rejections over prior art, as either “anticipated” or “obvious over” the prior art. Other rejections can include “non-operability” and “non-statutory” rejections. It is possible to respond to these objections and rejections, and in many cases these objections and rejections can be overcome by a proper response.
The US Patent Attorney can respond to any such official action 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. The response will also respond to any objections.
The rejections over the prior art can be overcome, when possible, by amending the claims to avoid the cited prior art, or by providing arguments in support of patentability. For example, a cited prior art patent might not work in exactly the same way as the invention, or it might not have equivalent structural or functional elements as the invention.
The USPTO will consider the Response filed by the US Patent Attorney.
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.
Read More >> http://internationalpatentservice.com/how-to-get-a-patent.html
Sunday, April 22, 2018
Another New Apple Patent Hints a Foldable iPhone Is Coming
By: Mike Peterson
The era of foldable smartphones may soon be upon us. If you need evidence of that, Apple recently filed yet another patent dedicated to the concept.
The patent, 20170336831, details an “electronic device (that) may have a flexible portion that allows (it) to be folded” and describes flexible displays with touch sensors and components that can bend when “being opened and closed like a book.” The patent was filed in September 2016, and was published by the U.S. Patent & Trademark Office on Nov. 23.
Notably, the patent published this month is only the latest of several that describe similar technologies — specifically foldable displays and devices with flip phone-like characteristics. In November 2016, Apple was granted a patent that details internal smartphone components that could bend without disrupting or damaging them. The company was granted a similar patent, describing a display that could “fold-out” or “fold-in,” in January.
Similarly, according to Korean media sources, display manufacturer LG has been working with phonemakers to develop flexible OLED technology that could make a true foldable smartphone — without hinges — possible. The most recent rumor we’ve heard out of Korea about the tech surfaced on Oct. 11, suggesting that there the companies are still working on the technology.
Foldable phones and flip phones, of course, had their heyday in the ‘90s and ‘00s, but are seeing a resurgence — particularly in Asia, which is the largest smartphone market in the world, CNN reported. Several high-end flip smartphones that have debuted this year include the ZTE Axon M and Samsung’s SM-W2018.
While not all of the patents Apple applies for end up being used in a mass market product, the uptick in foldable display technology patents could hint at Cupertino’s future plans. Or, at the very least, they suggest that Apple is exploring the new form factor for a possible device. Whether that device ever sees the light of day, however, remains to be seen.
Source >> https://www.idropnews.com/news/another-new-apple-patent-hints-a-foldable-iphone-is-coming/57002/
The era of foldable smartphones may soon be upon us. If you need evidence of that, Apple recently filed yet another patent dedicated to the concept.
The patent, 20170336831, details an “electronic device (that) may have a flexible portion that allows (it) to be folded” and describes flexible displays with touch sensors and components that can bend when “being opened and closed like a book.” The patent was filed in September 2016, and was published by the U.S. Patent & Trademark Office on Nov. 23.
Notably, the patent published this month is only the latest of several that describe similar technologies — specifically foldable displays and devices with flip phone-like characteristics. In November 2016, Apple was granted a patent that details internal smartphone components that could bend without disrupting or damaging them. The company was granted a similar patent, describing a display that could “fold-out” or “fold-in,” in January.
Similarly, according to Korean media sources, display manufacturer LG has been working with phonemakers to develop flexible OLED technology that could make a true foldable smartphone — without hinges — possible. The most recent rumor we’ve heard out of Korea about the tech surfaced on Oct. 11, suggesting that there the companies are still working on the technology.
Foldable phones and flip phones, of course, had their heyday in the ‘90s and ‘00s, but are seeing a resurgence — particularly in Asia, which is the largest smartphone market in the world, CNN reported. Several high-end flip smartphones that have debuted this year include the ZTE Axon M and Samsung’s SM-W2018.
While not all of the patents Apple applies for end up being used in a mass market product, the uptick in foldable display technology patents could hint at Cupertino’s future plans. Or, at the very least, they suggest that Apple is exploring the new form factor for a possible device. Whether that device ever sees the light of day, however, remains to be seen.
Source >> https://www.idropnews.com/news/another-new-apple-patent-hints-a-foldable-iphone-is-coming/57002/
Saturday, April 21, 2018
How Much Does A Patent Cost?
By: Michael J Foycik Jr.
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
How much does a patent cost?
We try to keep your costs as low as possible, and as affordable as possible. We provide flat fee estimates in advance, at no charge to you.
In the simplest cases, where the invention is easy to describe or show in a few figures of drawing, patent application can be prepared for as little as $1800, with a government filing fee of $540 for a small entity (this cost is slightly less for electronic filing).
The formal drawings, if needed, can usually be obtained for less than $150 per sheet. One sheet might have several figures on it, depending on the complexity of the invention, thus saving money.
If the patent application is granted, the government charges an issue fee of $755 and publication fee of $300. A service charge of $80 is added for attending to preparing and filing the Issue Fee Transmittal.
The U.S. Patent Office examines the patent application and finds any relevant prior art. If the prior art is sufficiently close, they will make a rejection. A response can be filed, usually at a cover of $350 to $450. Every case is different; some are allowed without needing such an amendment or response. In some cases, a further response is necessary or desirable, and the cost is normally somewhat less than $350.
This type of rejection is fairly normal. To attempt to overcome such a rejection, the response can be filed which changes the claims to avoid the prior art, and/or presents arguments to distinguish the invention in the patent application from the prior art.
Sometimes such a rejection can be overcome by a telephone call to the patent examiner; in those cases the cost is at the hourly rate of $100. Such calls are usually short and to the point, especially if the call is to authorize an examiner's amendment which will result in allowance of the application.
Read More >> http://internationalpatentservice.com/how-much-does-a-patent-cost.html
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
How much does a patent cost?
We try to keep your costs as low as possible, and as affordable as possible. We provide flat fee estimates in advance, at no charge to you.
In the simplest cases, where the invention is easy to describe or show in a few figures of drawing, patent application can be prepared for as little as $1800, with a government filing fee of $540 for a small entity (this cost is slightly less for electronic filing).
The formal drawings, if needed, can usually be obtained for less than $150 per sheet. One sheet might have several figures on it, depending on the complexity of the invention, thus saving money.
If the patent application is granted, the government charges an issue fee of $755 and publication fee of $300. A service charge of $80 is added for attending to preparing and filing the Issue Fee Transmittal.
The U.S. Patent Office examines the patent application and finds any relevant prior art. If the prior art is sufficiently close, they will make a rejection. A response can be filed, usually at a cover of $350 to $450. Every case is different; some are allowed without needing such an amendment or response. In some cases, a further response is necessary or desirable, and the cost is normally somewhat less than $350.
This type of rejection is fairly normal. To attempt to overcome such a rejection, the response can be filed which changes the claims to avoid the prior art, and/or presents arguments to distinguish the invention in the patent application from the prior art.
Sometimes such a rejection can be overcome by a telephone call to the patent examiner; in those cases the cost is at the hourly rate of $100. Such calls are usually short and to the point, especially if the call is to authorize an examiner's amendment which will result in allowance of the application.
Read More >> http://internationalpatentservice.com/how-much-does-a-patent-cost.html
Thursday, April 19, 2018
PROTECTION OF INTELLECTUAL PROPERTY
By: Norman Medi
1) What is an Intellectual Property?
Intellectual property also known as IP is a category that contains certain properties that refer to the creations of the mind, inventions, literary and artistic works, trade secrets, and symbols, names, and images used in commerce. Intellectual property (IP) can be divided into two large categories as described below.
2) Types of intellectual property (IP):
Intellectual Property (IP) can also be divided into two classes, these two classes are:
2.1) Industrial Property:
Patent:
A patent is a form of an exclusive right granted by the government to an inventor for an invention of a product or process that provides a new way of doing something, or that offers a new technical solution to a problem. Giving the owner the right to exclude others from making or using or selling or importing the invention for a limited period of time.
Here are some few examples of Patents:
– C Pen (Pen with a scanner):
This is a machine that is as small as a pen, and users can transfer a text from a paper directly into the computer. Christer Fåhraeus is the inventor of the C pen. The first model was launched in 1998 and it is still being in development until this day.
– Steel kidneys (a dialysis machine):
In 1946, after receiving a grant from the state a doctor in Lund named Nils Alwall, began developing a dialysis machine for people that are suffering from kidney diseases. Just over twenty years later, his new invention started to be mass produced.
– Three-point seat belt:
Nils Bohlin invented a lifesaving invention, he invented a three-point belt, according to Volvo’s study, and this invention was responsible for the saving of hundreds of thousands of lives. This Belt was much safer and comfortable than the older ones. In 1985, Nils Bohlin’s three-point seat belt was awarded a prize by the West German patent authority for being one of the most practical and beneficial to the general public.
Read More >> https://meee-services.com/protection-of-intellectual-property/
1) What is an Intellectual Property?
Intellectual property also known as IP is a category that contains certain properties that refer to the creations of the mind, inventions, literary and artistic works, trade secrets, and symbols, names, and images used in commerce. Intellectual property (IP) can be divided into two large categories as described below.
2) Types of intellectual property (IP):
Intellectual Property (IP) can also be divided into two classes, these two classes are:
2.1) Industrial Property:
Patent:
A patent is a form of an exclusive right granted by the government to an inventor for an invention of a product or process that provides a new way of doing something, or that offers a new technical solution to a problem. Giving the owner the right to exclude others from making or using or selling or importing the invention for a limited period of time.
Here are some few examples of Patents:
– C Pen (Pen with a scanner):
This is a machine that is as small as a pen, and users can transfer a text from a paper directly into the computer. Christer Fåhraeus is the inventor of the C pen. The first model was launched in 1998 and it is still being in development until this day.
– Steel kidneys (a dialysis machine):
In 1946, after receiving a grant from the state a doctor in Lund named Nils Alwall, began developing a dialysis machine for people that are suffering from kidney diseases. Just over twenty years later, his new invention started to be mass produced.
– Three-point seat belt:
Nils Bohlin invented a lifesaving invention, he invented a three-point belt, according to Volvo’s study, and this invention was responsible for the saving of hundreds of thousands of lives. This Belt was much safer and comfortable than the older ones. In 1985, Nils Bohlin’s three-point seat belt was awarded a prize by the West German patent authority for being one of the most practical and beneficial to the general public.
Read More >> https://meee-services.com/protection-of-intellectual-property/
Wednesday, April 18, 2018
US & USPTO Patent - General Information
By: Michael J Foycik Jr.
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
US & USPTO PATENT GENERAL INFORMATION
Introduction
The US law provides for patent and trademark protection. The administrative agencies responsible for this are the US Patent Office and the US Trademark Office, which are combined and called the US Patent and Trademark Office, abbreviated as USPTO. In the following, the abbreviation USPTO will be used throughout.
Preparing a patent application
A US Patent Lawyer, also called a US Patent Attorney, normally prepares a US Patent Application for filing with the USPTO. The US Patent Lawyer works with the inventor to draft a specification having a description of the invention, including drawings when possible. The draft is then studied by the inventor, and changes are made if necessary. When the draft is accepted by the inventor, the inventor signs a form called a Declaration, claiming inventorship of the application. Once it is filed, it receives a Serial Number and an Official Filing Receipt, and thus becomes an official US Patent Application.
At some point in this process, it is advisable but not necessary to perform a US patent search. The US patent search can find prior art patents that show the extent of the closest prior art, and whether the invention has been patented at an earlier time. If an expired patent is discovered which is very close to the invention, then that expired patent can confer a “right to use” that invention. If a pending US Patent covers the invention, and has claims which are sufficiently broad to cover the invention, then it is possible that infringement would occur. It is important to know if a new product might infringe an existing unexpired US Patent. If no patent exists which covers the invention, then it is possible that the invention can be patented. As noted above, it is not necessary to conduct a patent search prior to filing a new patent application.
The Role of the USPTO in Examining the Patent Application
The US Patent Application is examined in due course by a patent examiner. The US patent examiner will be an expert in the particular art in which the invention resides. The US patent examiner will search the prior art patent literature, and will make a search report and send it to the inventor along with a first Office Action on the merits.
If an invention is finally rejected, that rejection can be appealed. In that case, it is taken up for review by a board of appellate examiners. Each appellate examiner is likely to be a USPTO Patent Attorney or USPTO Patent Lawyer. If the appeal is refused, it can be taken further to a US District Court, in which case the USPTO is represented by the Solicitor’s Office. In that case, the Solicitor in Court will be a USPTO Patent Lawyer or USPTO Patent Attorney. Such higher appeals are not frequent, but are more likely to occur when the invention is particularly valuable.
The Role of the US Patent Attorney in the Examination Process
The US Patent Attorney or US Patent Lawyer considers the Office Actions received from the USPTO, and transmit’s the Office Action to the inventor along with any advice or comments on how to respond. The US Patent Attorney or US Patent Lawyer then responds to the Office Action, usually by providing legal arguments in support of patentability.
If the Office Action is a Notice of Allowance, then the response by the US Patent Attorney or US Patent Lawyer simply transmits the Issue Fee Due along with a transmittal form required by the USPTO.
During this time, the inventor may be commercializing the invention. In this case, a successful invention might be licensed or assigned, or distribution agreements may be made. In all these cases, the US Patent Attorney or US Patent Lawyer performs an important role in making sure these agreements serve the interests of the inventor.
Read More >> http://internationalpatentservice.com/US-USPTO-Patent.html
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
US & USPTO PATENT GENERAL INFORMATION
Introduction
The US law provides for patent and trademark protection. The administrative agencies responsible for this are the US Patent Office and the US Trademark Office, which are combined and called the US Patent and Trademark Office, abbreviated as USPTO. In the following, the abbreviation USPTO will be used throughout.
Preparing a patent application
A US Patent Lawyer, also called a US Patent Attorney, normally prepares a US Patent Application for filing with the USPTO. The US Patent Lawyer works with the inventor to draft a specification having a description of the invention, including drawings when possible. The draft is then studied by the inventor, and changes are made if necessary. When the draft is accepted by the inventor, the inventor signs a form called a Declaration, claiming inventorship of the application. Once it is filed, it receives a Serial Number and an Official Filing Receipt, and thus becomes an official US Patent Application.
At some point in this process, it is advisable but not necessary to perform a US patent search. The US patent search can find prior art patents that show the extent of the closest prior art, and whether the invention has been patented at an earlier time. If an expired patent is discovered which is very close to the invention, then that expired patent can confer a “right to use” that invention. If a pending US Patent covers the invention, and has claims which are sufficiently broad to cover the invention, then it is possible that infringement would occur. It is important to know if a new product might infringe an existing unexpired US Patent. If no patent exists which covers the invention, then it is possible that the invention can be patented. As noted above, it is not necessary to conduct a patent search prior to filing a new patent application.
The Role of the USPTO in Examining the Patent Application
The US Patent Application is examined in due course by a patent examiner. The US patent examiner will be an expert in the particular art in which the invention resides. The US patent examiner will search the prior art patent literature, and will make a search report and send it to the inventor along with a first Office Action on the merits.
If an invention is finally rejected, that rejection can be appealed. In that case, it is taken up for review by a board of appellate examiners. Each appellate examiner is likely to be a USPTO Patent Attorney or USPTO Patent Lawyer. If the appeal is refused, it can be taken further to a US District Court, in which case the USPTO is represented by the Solicitor’s Office. In that case, the Solicitor in Court will be a USPTO Patent Lawyer or USPTO Patent Attorney. Such higher appeals are not frequent, but are more likely to occur when the invention is particularly valuable.
The Role of the US Patent Attorney in the Examination Process
The US Patent Attorney or US Patent Lawyer considers the Office Actions received from the USPTO, and transmit’s the Office Action to the inventor along with any advice or comments on how to respond. The US Patent Attorney or US Patent Lawyer then responds to the Office Action, usually by providing legal arguments in support of patentability.
If the Office Action is a Notice of Allowance, then the response by the US Patent Attorney or US Patent Lawyer simply transmits the Issue Fee Due along with a transmittal form required by the USPTO.
During this time, the inventor may be commercializing the invention. In this case, a successful invention might be licensed or assigned, or distribution agreements may be made. In all these cases, the US Patent Attorney or US Patent Lawyer performs an important role in making sure these agreements serve the interests of the inventor.
Read More >> http://internationalpatentservice.com/US-USPTO-Patent.html
Monday, April 16, 2018
Difference Between Trademark, Copyright and Patent
By: James Bunts
You’ve started a business enterprise and now are looking to protect your intellectual property, great! There are a variety of legal instruments available to accomplish your business goals. These are: patent, copyright, trademark, trade secret, and right of publicity.
Patent
Patents grant the owner an exclusive right, or monopoly, for a limited time on the claimed subject matter disclosed in the issued patent. Article 1, Section 8, Clause 8 of the United States Constitution grants Congress the power “[t]o promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” At the time of the Founding Fathers, the term “science” was more closely related to the term “natural philosophy” or “knowledge” of today and the term “art” was more closely related to the terms “craft” or “technique” of today. Restating Article 1, Section 8, Clause 8 with a focus on patents, Congress is to promote the progress of useful arts, by securing for limited times to inventors the exclusive right to their respective discoveries. Importantly, a patent is a right to exclude others from making, using, offering for sale, or selling the invention throughout the United States or importing the invention into the United States. The patent system can be viewed as a reward arrangement to those who discover things useful to the nation.
Patent eligible subject matter is intended to include “anything under the sun that is made by man.” Chapter 35 of the United States Code specifies that “[w]hoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.”
An example of a process is the method for making cereal. An example of a machine is the ice rink resurfacing machine, aka Zamboni. An example of an improvement to an article of manufacture is the improvement in paper-bag machines. An example of a composition of matter is acetyl salicylic acid, aka Aspirin. Additionally, business methods may be patent eligible, such as the method and system for placing a purchase order via communications network, aka Amazon’s 1-Click. Furthermore, there are plant patents for specially cultivated species of plants. An inventor can also protect the unique ornamentation of their invention through a design patent, such as found in Apple’s iPhone design patent.
A significant distinction for patents compared to other types of intellectual property is that the published patent documentation must enable someone of ordinary skill in the art to make and use the invention. A patent is not enforceable until it has passed examination from the United States Patent and Trademark Office and has issued.
Essentially, if you have created something you can use, it is possibly patent eligible. To get the patent, your idea must be new (cannot have already existed) or an obvious combination of existing art (to someone of ordinary skill in the art). The patent attorneys at Bold Patents have particular expertise to explore these criteria, make professional opinions on patentability, draft patent applications, and litigate patent infringement to help entrepreneurial innovators get the intellectual property protection they need to succeed.
Copyright
Restating Article 1, Section 8, Clause 8 with a focus on copyrights, Congress is to promote the progress of science, by securing for limited times to authors the exclusive right to their respective writings. At the time of the Founding Fathers, the term “science” was more closely related to the term “natural philosophy” or “knowledge” of today. 17 U.S.C. § 102 specifies that “copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.” Examples of works of authorship include the following categories: literary works; musical works, including lyrics; dramatic works, including any accompanying music; pantomimes and choreographic works; pictorial, graphic, and sculptural works; motion pictures and other audiovisual works; sound recordings; and architectural works. An example of a copyrighted work is The Happy Birthday Song, which only recently passed into the public domain in 2016.
A copyright provides the owner of the copyright the exclusive right to reproduce and distribute copies, prepare derivative works, as well as perform or display the work publicly. To author an original work, a human must have independently created the work and the work possesses at least some minimal degree of creativity. The author does not need to register the work in order to have the copyright (such as when posting pictures or video to the internet), but the author must register the copyright to sue another party for infringement. The patent attorneys at Bold Patents have particular expertise to support creators get the intellectual property protection they need to succeed.
Trademark
A trademark is a word, name, logo, symbol, device, or combination thereof, used to identify the source of goods or services to prospective purchasers. Thus, trademarks allow prospective customers to weigh the reputation of the manufacturer of the goods or provider of the services. Unregistered trademarks fall under common law, while registered trademarks enjoy certain advantages under the Lanham Act.
An example of a trademarked name is “NIKE,” used to identify clothing, footwear, ect along with the “swoosh” logo. A “device” trademark could include sound, smell, or color. Examples of a sound mark include the MGM lion roar and the Lucasfilm THX theme. While trademarks can certainly take a wide variety of forms, trademarks cannot be the essence of the product. For instance, smell marks are available, but the perfume Chanel No. 5 is trademark ineligible as it is the essence of the product.
Characteristics of a product’s packaging, such as color or shape, can also be trademarked if those features identify the source of the goods. Additionally, specific labels, wrappers, containers, or advertising materials could be protected under trademark. In exceptional circumstances, the subject matter of a design patent can subsequently be protected under trademark protection, as in the case of Coca-Cola’s bottle having a “distinctively shaped contour” that was well-known in the market. Although fonts cannot be trademarked, infringement could still occur when trying to imitate a trademark’s unique typeface, such as used by Coca-Cola. A slogan or catch phrase, such as “The Greatest Show on Earth,” can also be trademarked and enforced after acquiring secondary meaning in the market. As trademarks acquire secondary meaning in the mark and notoriety with consumers, the marks become a valuable business asset to the mark owner that can be leveraged to create revenue through licensing agreements.
Trademarks make it easier for consumers to quickly identify the source of a given good and differentiate similar products. Trademark law provides remedies for infringement when a mark conflicts with the phonetic sound, appearance, meaning, or commercial impression of another trademark. While registering a trademark is not required to obtain protectable rights, registering a trademark provides significant advantages over common law rights alone.
The advantages of registration include a legal presumption of your ownership of the mark, the ability to record your U.S. registered mark with U.S. Customs and Border Protection to prevent importation of infringing foreign goods, the right to use the federal registration symbol ®, the ability to bring an action concerning the mark in federal court, and the use of the U.S. registration as a basis to obtain registration of the mark in foreign countries. The patent attorneys at Bold Patents have particular expertise to make professional opinions on trademark eligibility, draft trademark applications, and litigate trademark infringement to help entrepreneurial manufacturers and service providers get the intellectual property protection they need to succeed.
Source >> https://www.boldip.com/blog/difference-between-trademark-copyright-and-patent/
You’ve started a business enterprise and now are looking to protect your intellectual property, great! There are a variety of legal instruments available to accomplish your business goals. These are: patent, copyright, trademark, trade secret, and right of publicity.
Patent
Patents grant the owner an exclusive right, or monopoly, for a limited time on the claimed subject matter disclosed in the issued patent. Article 1, Section 8, Clause 8 of the United States Constitution grants Congress the power “[t]o promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” At the time of the Founding Fathers, the term “science” was more closely related to the term “natural philosophy” or “knowledge” of today and the term “art” was more closely related to the terms “craft” or “technique” of today. Restating Article 1, Section 8, Clause 8 with a focus on patents, Congress is to promote the progress of useful arts, by securing for limited times to inventors the exclusive right to their respective discoveries. Importantly, a patent is a right to exclude others from making, using, offering for sale, or selling the invention throughout the United States or importing the invention into the United States. The patent system can be viewed as a reward arrangement to those who discover things useful to the nation.
Patent eligible subject matter is intended to include “anything under the sun that is made by man.” Chapter 35 of the United States Code specifies that “[w]hoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.”
An example of a process is the method for making cereal. An example of a machine is the ice rink resurfacing machine, aka Zamboni. An example of an improvement to an article of manufacture is the improvement in paper-bag machines. An example of a composition of matter is acetyl salicylic acid, aka Aspirin. Additionally, business methods may be patent eligible, such as the method and system for placing a purchase order via communications network, aka Amazon’s 1-Click. Furthermore, there are plant patents for specially cultivated species of plants. An inventor can also protect the unique ornamentation of their invention through a design patent, such as found in Apple’s iPhone design patent.
A significant distinction for patents compared to other types of intellectual property is that the published patent documentation must enable someone of ordinary skill in the art to make and use the invention. A patent is not enforceable until it has passed examination from the United States Patent and Trademark Office and has issued.
Essentially, if you have created something you can use, it is possibly patent eligible. To get the patent, your idea must be new (cannot have already existed) or an obvious combination of existing art (to someone of ordinary skill in the art). The patent attorneys at Bold Patents have particular expertise to explore these criteria, make professional opinions on patentability, draft patent applications, and litigate patent infringement to help entrepreneurial innovators get the intellectual property protection they need to succeed.
Copyright
Restating Article 1, Section 8, Clause 8 with a focus on copyrights, Congress is to promote the progress of science, by securing for limited times to authors the exclusive right to their respective writings. At the time of the Founding Fathers, the term “science” was more closely related to the term “natural philosophy” or “knowledge” of today. 17 U.S.C. § 102 specifies that “copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.” Examples of works of authorship include the following categories: literary works; musical works, including lyrics; dramatic works, including any accompanying music; pantomimes and choreographic works; pictorial, graphic, and sculptural works; motion pictures and other audiovisual works; sound recordings; and architectural works. An example of a copyrighted work is The Happy Birthday Song, which only recently passed into the public domain in 2016.
A copyright provides the owner of the copyright the exclusive right to reproduce and distribute copies, prepare derivative works, as well as perform or display the work publicly. To author an original work, a human must have independently created the work and the work possesses at least some minimal degree of creativity. The author does not need to register the work in order to have the copyright (such as when posting pictures or video to the internet), but the author must register the copyright to sue another party for infringement. The patent attorneys at Bold Patents have particular expertise to support creators get the intellectual property protection they need to succeed.
Trademark
A trademark is a word, name, logo, symbol, device, or combination thereof, used to identify the source of goods or services to prospective purchasers. Thus, trademarks allow prospective customers to weigh the reputation of the manufacturer of the goods or provider of the services. Unregistered trademarks fall under common law, while registered trademarks enjoy certain advantages under the Lanham Act.
An example of a trademarked name is “NIKE,” used to identify clothing, footwear, ect along with the “swoosh” logo. A “device” trademark could include sound, smell, or color. Examples of a sound mark include the MGM lion roar and the Lucasfilm THX theme. While trademarks can certainly take a wide variety of forms, trademarks cannot be the essence of the product. For instance, smell marks are available, but the perfume Chanel No. 5 is trademark ineligible as it is the essence of the product.
Characteristics of a product’s packaging, such as color or shape, can also be trademarked if those features identify the source of the goods. Additionally, specific labels, wrappers, containers, or advertising materials could be protected under trademark. In exceptional circumstances, the subject matter of a design patent can subsequently be protected under trademark protection, as in the case of Coca-Cola’s bottle having a “distinctively shaped contour” that was well-known in the market. Although fonts cannot be trademarked, infringement could still occur when trying to imitate a trademark’s unique typeface, such as used by Coca-Cola. A slogan or catch phrase, such as “The Greatest Show on Earth,” can also be trademarked and enforced after acquiring secondary meaning in the market. As trademarks acquire secondary meaning in the mark and notoriety with consumers, the marks become a valuable business asset to the mark owner that can be leveraged to create revenue through licensing agreements.
Trademarks make it easier for consumers to quickly identify the source of a given good and differentiate similar products. Trademark law provides remedies for infringement when a mark conflicts with the phonetic sound, appearance, meaning, or commercial impression of another trademark. While registering a trademark is not required to obtain protectable rights, registering a trademark provides significant advantages over common law rights alone.
The advantages of registration include a legal presumption of your ownership of the mark, the ability to record your U.S. registered mark with U.S. Customs and Border Protection to prevent importation of infringing foreign goods, the right to use the federal registration symbol ®, the ability to bring an action concerning the mark in federal court, and the use of the U.S. registration as a basis to obtain registration of the mark in foreign countries. The patent attorneys at Bold Patents have particular expertise to make professional opinions on trademark eligibility, draft trademark applications, and litigate trademark infringement to help entrepreneurial manufacturers and service providers get the intellectual property protection they need to succeed.
Source >> https://www.boldip.com/blog/difference-between-trademark-copyright-and-patent/
Sunday, April 15, 2018
How to Patent a Business Method
By: Michael J Foycik Jr.
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
A business method
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.
A business method cannot be copyrighted, but it can sometimes be patented. Specifically, the inventive steps of certain business methods can be patented, and because of this the patent can provide protection far beyond just the specific business method language used.
First, a drawing is made showing the most important steps of the business method as a flowchart diagram. It is usually not necessary to give every detail of the operation of the business method; instead, the main features should be illustrated. The business method should be protected by a utility patent application, since that will cover any type of business method language. This is also sometimes called a “regular” patent application. The business method steps can be explained in words and by the flowchart drawings.
This is a good point to mention that there is also something called a “provisional patent application” that gives patent pending status for one year, permitting a utility patent application to be filed at any time during that year. This is much less expensive, and is recommended when there is an urgent need to get something one file, for example just prior to a trade show or publication. Further below, there is a section called “How to patent using a provisional patent application.”
Here's a simple example showing how to patent an idea for a simple and amusing invention, where a business method is used. The simplest business method already in the public domain would be a lottery. Here, tickets are sold, and based on predetermined or later-determined criteria such as the drawing of numbers, determines winning tickets. For the moment, we aren't concerned with whether it has been done before, it is just an example. For now, the idea would be expressed in words, written just as above. These steps would be shown in a simple flowchart.
Next, a claim is added to describe the invention broadly, such as the following: Claim 1: A method for selling tickets and awarding prizes, comprising the steps of: selling tickets with indicia thereon; matching the indicia with predetermined or later-determined criteria such as the drawing of numbers to determine winning tickets; and awarding prizes to winning tickets.
Standard text is then added including sections titled: background of the invention; summary of the invention; brief description of the drawings; and an abstract of the disclosure. This part is not usually hard to do, but can be time consuming.
Then, a Declaration is prepared showing the name of the inventor and title of the invention. This is from a standard form provided by the US Patent Office.
Last, a cover page including a Transmittal sheet is prepared, listing what is being filed with the US Patent Office. The Transmittal page normally will include a check for the amount of the US government filing fee, and a postcard filing receipt. The check can be omitted, as can the signed Declaration, but in that case the US Patent Office will send a notice asking for those items along with a relatively small late fee.
Read More >> http://internationalpatentservice.com/How-to-Patent-a-Business-Method.html
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
A business method
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.
A business method cannot be copyrighted, but it can sometimes be patented. Specifically, the inventive steps of certain business methods can be patented, and because of this the patent can provide protection far beyond just the specific business method language used.
First, a drawing is made showing the most important steps of the business method as a flowchart diagram. It is usually not necessary to give every detail of the operation of the business method; instead, the main features should be illustrated. The business method should be protected by a utility patent application, since that will cover any type of business method language. This is also sometimes called a “regular” patent application. The business method steps can be explained in words and by the flowchart drawings.
This is a good point to mention that there is also something called a “provisional patent application” that gives patent pending status for one year, permitting a utility patent application to be filed at any time during that year. This is much less expensive, and is recommended when there is an urgent need to get something one file, for example just prior to a trade show or publication. Further below, there is a section called “How to patent using a provisional patent application.”
Here's a simple example showing how to patent an idea for a simple and amusing invention, where a business method is used. The simplest business method already in the public domain would be a lottery. Here, tickets are sold, and based on predetermined or later-determined criteria such as the drawing of numbers, determines winning tickets. For the moment, we aren't concerned with whether it has been done before, it is just an example. For now, the idea would be expressed in words, written just as above. These steps would be shown in a simple flowchart.
Next, a claim is added to describe the invention broadly, such as the following: Claim 1: A method for selling tickets and awarding prizes, comprising the steps of: selling tickets with indicia thereon; matching the indicia with predetermined or later-determined criteria such as the drawing of numbers to determine winning tickets; and awarding prizes to winning tickets.
Standard text is then added including sections titled: background of the invention; summary of the invention; brief description of the drawings; and an abstract of the disclosure. This part is not usually hard to do, but can be time consuming.
Then, a Declaration is prepared showing the name of the inventor and title of the invention. This is from a standard form provided by the US Patent Office.
Last, a cover page including a Transmittal sheet is prepared, listing what is being filed with the US Patent Office. The Transmittal page normally will include a check for the amount of the US government filing fee, and a postcard filing receipt. The check can be omitted, as can the signed Declaration, but in that case the US Patent Office will send a notice asking for those items along with a relatively small late fee.
Read More >> http://internationalpatentservice.com/How-to-Patent-a-Business-Method.html
Saturday, April 14, 2018
More Patent Trolls Are Targeting Startups. Here's What You Can Do.
By: Nathaniel Borenstein
Startups aren't typically founded by lawyers, so patent law isn't usually a front line issue for them. But I've come to realize that patent protection is at best No. 11 on the top 10 list of things for startups to focus on -- something they generally understand is important, but not quite important enough. Part of that is because the headlines focus on big lawsuits lobbed at big companies, which creates a false sense of security. As an inventor and a computer scientist with 25-plus years of practical experience, I'd like to think I've navigated the murky, complicated world of patents and come out on the other side wiser and more informed. And, as such, there is something I want entrepreneurs, inventors and early-stage businesses to know. Yes, you are a potential target for patent trolls, and yes, there is something you can do about it. Today.
Related: If Your Startup Really Is Disruptive, Expect to be Sued By a Patent Troll.
Here's what everyone thinks they know.
It is generally understood patent trolls are typically "shell" companies that do no real business but simply pursue a business strategy of suing businesses over their patents. They typically sue for a large amount of money but settle for an amount they estimate will cost the victims less than a court fight. They do no good for anyone in the world but themselves, and they can be extremely costly (in time and money) to their victims. Too many people believe patent trolls are only after big names -- big companies with big wallets. The smaller suits, the ones aimed at startups and mid-sized businesses, might not make headlines, but they do untold damage.
Startups are targets for trolls, and grow more so over time.
Startups are often targets for trolls, but many entrepreneurs are unaware of this reality. With so many things to think about -- building a product, hiring a staff, fundraising, marketing, sales -- protecting against patent trolls is not likely to be high on a founder's list of priorities, but it should still be a consideration. A company gets hit with a suit and has to respond, but by then, it's too late. The mere presence of the suit is itself a drain on limited resources, to the tune of several million dollars that startups can't afford. This is why being proactive is essential.
Related: How to Conduct a Patent Search to Make Sure Your Brilliant Invention Doesn't Already Exist (Infographic
A disproportionate number of patent trolls target smaller companies: More than 50 percent of businesses targeted by patent trolls make less than $10 million in revenue per year and 75 percent of the companies sued by trolls are privately held. And for good reason: To trolls, the whole point is to impose a costly and scary lawsuit, so that startups with limited resources to protect and defend themselves are more likely to settle than fight.
Don't let your own patents be used by trolls someday.
I doubt that I've ever met an entrepreneur who liked the idea that his or her patents might someday fall into the hands of a troll. But they can and do. Simply to be good citizens, startups can and should take measures to ensure that their patents will never be useful to trolls. Patent-fighting networks can help protect others against abuse of your patents while protecting you against use of theirs.
Related: How to Protect Your Business Idea Without a Patent
Leverage a network -- don't go it alone.
Many startups view patent protection as something that is "critical but not urgent." There is often a perception that addressing your patent strategy will be time and money intensive. But it doesn't have to be.
The key here is to leverage networks. Through collective information sharing, experiences and rights that the networks build, startups can tap into rich resources to get themselves toward a higher state of preparation for relatively low cost. Through a patchwork of these networks -- each offering their own layers of protection -- startups can build strong protective communities.
Communities enable economies of scale and resource sharing, so that member companies can together garner maximum benefit with minimal (or even zero) cash outlay.
Read More >> https://www.entrepreneur.com/article/310648
Startups aren't typically founded by lawyers, so patent law isn't usually a front line issue for them. But I've come to realize that patent protection is at best No. 11 on the top 10 list of things for startups to focus on -- something they generally understand is important, but not quite important enough. Part of that is because the headlines focus on big lawsuits lobbed at big companies, which creates a false sense of security. As an inventor and a computer scientist with 25-plus years of practical experience, I'd like to think I've navigated the murky, complicated world of patents and come out on the other side wiser and more informed. And, as such, there is something I want entrepreneurs, inventors and early-stage businesses to know. Yes, you are a potential target for patent trolls, and yes, there is something you can do about it. Today.
Related: If Your Startup Really Is Disruptive, Expect to be Sued By a Patent Troll.
Here's what everyone thinks they know.
It is generally understood patent trolls are typically "shell" companies that do no real business but simply pursue a business strategy of suing businesses over their patents. They typically sue for a large amount of money but settle for an amount they estimate will cost the victims less than a court fight. They do no good for anyone in the world but themselves, and they can be extremely costly (in time and money) to their victims. Too many people believe patent trolls are only after big names -- big companies with big wallets. The smaller suits, the ones aimed at startups and mid-sized businesses, might not make headlines, but they do untold damage.
Startups are targets for trolls, and grow more so over time.
Startups are often targets for trolls, but many entrepreneurs are unaware of this reality. With so many things to think about -- building a product, hiring a staff, fundraising, marketing, sales -- protecting against patent trolls is not likely to be high on a founder's list of priorities, but it should still be a consideration. A company gets hit with a suit and has to respond, but by then, it's too late. The mere presence of the suit is itself a drain on limited resources, to the tune of several million dollars that startups can't afford. This is why being proactive is essential.
Related: How to Conduct a Patent Search to Make Sure Your Brilliant Invention Doesn't Already Exist (Infographic
A disproportionate number of patent trolls target smaller companies: More than 50 percent of businesses targeted by patent trolls make less than $10 million in revenue per year and 75 percent of the companies sued by trolls are privately held. And for good reason: To trolls, the whole point is to impose a costly and scary lawsuit, so that startups with limited resources to protect and defend themselves are more likely to settle than fight.
Don't let your own patents be used by trolls someday.
I doubt that I've ever met an entrepreneur who liked the idea that his or her patents might someday fall into the hands of a troll. But they can and do. Simply to be good citizens, startups can and should take measures to ensure that their patents will never be useful to trolls. Patent-fighting networks can help protect others against abuse of your patents while protecting you against use of theirs.
Related: How to Protect Your Business Idea Without a Patent
Leverage a network -- don't go it alone.
Many startups view patent protection as something that is "critical but not urgent." There is often a perception that addressing your patent strategy will be time and money intensive. But it doesn't have to be.
The key here is to leverage networks. Through collective information sharing, experiences and rights that the networks build, startups can tap into rich resources to get themselves toward a higher state of preparation for relatively low cost. Through a patchwork of these networks -- each offering their own layers of protection -- startups can build strong protective communities.
Communities enable economies of scale and resource sharing, so that member companies can together garner maximum benefit with minimal (or even zero) cash outlay.
Read More >> https://www.entrepreneur.com/article/310648
Thursday, April 12, 2018
How to Patent a Plant Species
By: Michael J Foycik Jr.
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
A plant species
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.
This is very rare, but can be done! The inventive species is identified.
First, a drawing is made showing the inventive species. This is best done by a color photograph.
A claim or claims and an abstract would be added. And, standard text is added including sections titled: background of the invention; summary of the invention; brief description of the drawings; and an abstract of the disclosure. This part is not usually hard to do, but can be time consuming.
Then, a Declaration is prepared showing the name of the inventor and title of the invention. This is from a standard form provided by the US Patent Office.
Last, a cover page including a Transmittal sheet is prepared, listing what is being filed with the US Patent Office. The Transmittal page normally will include a check for the amount of the US government filing fee, and a postcard filing receipt. The check can be omitted, as can the signed Declaration, but in that case the US Patent Office will send a notice asking for those items along with a relatively small late fee.
The drawings may or may not be accepted as filed. If not accepted, the US Patent Office sends a notice, and sets a time period for submitting the formal drawings. A specially skilled draftsman normally prepares the formal drawings, since the US Patent Office has very specific and detailed requirements for the drawings. We work with a skilled patent draftsman, to provide the formal drawings.
Read More >> http://internationalpatentservice.com/How-to-Patent-a-Plant-Species.html
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
A plant species
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.
This is very rare, but can be done! The inventive species is identified.
First, a drawing is made showing the inventive species. This is best done by a color photograph.
A claim or claims and an abstract would be added. And, standard text is added including sections titled: background of the invention; summary of the invention; brief description of the drawings; and an abstract of the disclosure. This part is not usually hard to do, but can be time consuming.
Then, a Declaration is prepared showing the name of the inventor and title of the invention. This is from a standard form provided by the US Patent Office.
Last, a cover page including a Transmittal sheet is prepared, listing what is being filed with the US Patent Office. The Transmittal page normally will include a check for the amount of the US government filing fee, and a postcard filing receipt. The check can be omitted, as can the signed Declaration, but in that case the US Patent Office will send a notice asking for those items along with a relatively small late fee.
The drawings may or may not be accepted as filed. If not accepted, the US Patent Office sends a notice, and sets a time period for submitting the formal drawings. A specially skilled draftsman normally prepares the formal drawings, since the US Patent Office has very specific and detailed requirements for the drawings. We work with a skilled patent draftsman, to provide the formal drawings.
Read More >> http://internationalpatentservice.com/How-to-Patent-a-Plant-Species.html
Tuesday, April 10, 2018
TRADEMARK PROTECTION FOR THE FASHION INDUSTRY
By: Barry R. Lewin
If you are a member of the fashion industry, protecting your intellectual property can be the difference between success and failure. It is vitally important to understand the different types of available intellectual property protection and what each can effectively protect.
Trademarks can take many forms but are indicators to consumers that a certain product originates from a specific source. Brand names and slogans are typical trademarks, but sounds, smells, and even colors can function as trademarks. Trademark rights are established in the U.S. by using the mark.
It is very important to conduct a trademark search before starting to use a trademark to determine if there is someone already in the market using a similar mark that may assert their rights against you. Depending on the importance of the mark, there are various levels of searches that can be performed. For example, if the mark is for the essential brand name, then it is worthwhile investment to run a comprehensive search through a search agency that covers all federal trademark registrations, state law registrations, common law uses, business names, social media accounts, domain names and websites.
Trademark owners can register their mark with the United States Patent and Trademark Office (USPTO), and federal trademark protection can extend as long as the mark remains in use in relation to the products for which it is registered. Once you have a trademark registration, it is important to monitor the marketplace to ensure that no one else starts using a similar mark that would infringe on your rights.
In the fashion industry, designers frequently rely on their own name as their brand name, a la Calvin Klein, Donna Karan, etc. But in trademark law, a personal name can only be protected as a trademark if the public has come to see that person’s name as the source of the fashion products on which it is branded. This level of recognition does not happen quickly, typically only after extensive advertising and promotion as a brand name. Importantly, a designer just starting out in the industry must also take care to understand who owns the rights to their name as a brand, because an employer trying to drum up the designer’s name into a brand will frequently try to protect its investment by having the designer sign over some of the rights in his/her own name!
Copyright law is commonly used to protect creative artistic output, such as photographs, music, and movies. However, it can also be used to protect fabric designs, jewelry, and portions of fashion pieces that are creative yet can be separated conceptually from their functional elements (e.g., the ornateness of a belt buckle). In order to obtain a copyright registration, the creation must possess a certain modicum of creativity. Copyright registrations are inexpensive to obtain, and last for an extremely long period of time. The registrations give their holder the ability to sue for infringement in federal courts and to obtain heightened “statutory” damages (regardless of the size of the infringer’s profits) and attorneys’ fees, among other benefits. It is very important to register a copyright as early as possible, as in most cases statutory damages and attorneys’ fees are available as remedies if the creator discovers an infringement before registering a copyright in their creation.
There are two types of relevant patents—utility patents (which protect functional inventions and methods) and design patents (which protect ornamental design of a product).
A particular product might have both functional elements protectable by utility patent and ornamental aspects protectable by design patent. Design patents can also protect the product’s configuration, shape, and/or surface ornamentation. Design patents are limited to the appearance of the product and do not cover structural or functional features or innovations. A design patent in the United States has a term of 15 years from Patent Office issuance.
Similar to a utility patent application, a design patent application undergoes review and examination by the U.S. Patent and Trademark Office (USPTO). In order for a design patent application to issue as a design patent, the USPTO must find that the design is novel (new) and non-obvious when compared to similar prior existing product designs.
Because design patents are commonly used in the fashion industry, we will focus on them. The scope of protection for a design patent is defined by the figures in the design application. Therefore it is extremely important that the drawings of the product for which design protection is being sought be prepared in accordance with Patent Office guidelines. This typically requires retaining a draftsperson familiar with these guidelines, and who routinely prepares drawings for design patent applications.
Design patent protection is available for various types of products. Product examples of products include: eyewear, footwear, totes and handbags, furniture, product packaging, lighting, and even screen shots from electronic displays.
From a practical standpoint, design patents can be a much faster way to obtain patent protection. Examination in the United States typically takes place within a year, in contrast to the two to three years (or more) of waiting for a first action in a utility patent application.
Importantly, design patents provide the same marketing advantages as utility applications. Once a design application is on file, the product can be labeled as “patent pending’ once a design patent has issued, the marking can be changed to “patented.”
Design considerations are playing an ever increasing role in the marketplace. Design patents can play an important role in protecting design innovations and help reduce competition, whether they are the only available intellectual property protection or are part of an overall legal strategy.
Source >> https://grr.com/publications/trademark-protection-fashion-industry/
If you are a member of the fashion industry, protecting your intellectual property can be the difference between success and failure. It is vitally important to understand the different types of available intellectual property protection and what each can effectively protect.
Trademarks can take many forms but are indicators to consumers that a certain product originates from a specific source. Brand names and slogans are typical trademarks, but sounds, smells, and even colors can function as trademarks. Trademark rights are established in the U.S. by using the mark.
It is very important to conduct a trademark search before starting to use a trademark to determine if there is someone already in the market using a similar mark that may assert their rights against you. Depending on the importance of the mark, there are various levels of searches that can be performed. For example, if the mark is for the essential brand name, then it is worthwhile investment to run a comprehensive search through a search agency that covers all federal trademark registrations, state law registrations, common law uses, business names, social media accounts, domain names and websites.
Trademark owners can register their mark with the United States Patent and Trademark Office (USPTO), and federal trademark protection can extend as long as the mark remains in use in relation to the products for which it is registered. Once you have a trademark registration, it is important to monitor the marketplace to ensure that no one else starts using a similar mark that would infringe on your rights.
In the fashion industry, designers frequently rely on their own name as their brand name, a la Calvin Klein, Donna Karan, etc. But in trademark law, a personal name can only be protected as a trademark if the public has come to see that person’s name as the source of the fashion products on which it is branded. This level of recognition does not happen quickly, typically only after extensive advertising and promotion as a brand name. Importantly, a designer just starting out in the industry must also take care to understand who owns the rights to their name as a brand, because an employer trying to drum up the designer’s name into a brand will frequently try to protect its investment by having the designer sign over some of the rights in his/her own name!
Copyright law is commonly used to protect creative artistic output, such as photographs, music, and movies. However, it can also be used to protect fabric designs, jewelry, and portions of fashion pieces that are creative yet can be separated conceptually from their functional elements (e.g., the ornateness of a belt buckle). In order to obtain a copyright registration, the creation must possess a certain modicum of creativity. Copyright registrations are inexpensive to obtain, and last for an extremely long period of time. The registrations give their holder the ability to sue for infringement in federal courts and to obtain heightened “statutory” damages (regardless of the size of the infringer’s profits) and attorneys’ fees, among other benefits. It is very important to register a copyright as early as possible, as in most cases statutory damages and attorneys’ fees are available as remedies if the creator discovers an infringement before registering a copyright in their creation.
There are two types of relevant patents—utility patents (which protect functional inventions and methods) and design patents (which protect ornamental design of a product).
A particular product might have both functional elements protectable by utility patent and ornamental aspects protectable by design patent. Design patents can also protect the product’s configuration, shape, and/or surface ornamentation. Design patents are limited to the appearance of the product and do not cover structural or functional features or innovations. A design patent in the United States has a term of 15 years from Patent Office issuance.
Similar to a utility patent application, a design patent application undergoes review and examination by the U.S. Patent and Trademark Office (USPTO). In order for a design patent application to issue as a design patent, the USPTO must find that the design is novel (new) and non-obvious when compared to similar prior existing product designs.
Because design patents are commonly used in the fashion industry, we will focus on them. The scope of protection for a design patent is defined by the figures in the design application. Therefore it is extremely important that the drawings of the product for which design protection is being sought be prepared in accordance with Patent Office guidelines. This typically requires retaining a draftsperson familiar with these guidelines, and who routinely prepares drawings for design patent applications.
Design patent protection is available for various types of products. Product examples of products include: eyewear, footwear, totes and handbags, furniture, product packaging, lighting, and even screen shots from electronic displays.
From a practical standpoint, design patents can be a much faster way to obtain patent protection. Examination in the United States typically takes place within a year, in contrast to the two to three years (or more) of waiting for a first action in a utility patent application.
Importantly, design patents provide the same marketing advantages as utility applications. Once a design application is on file, the product can be labeled as “patent pending’ once a design patent has issued, the marking can be changed to “patented.”
Design considerations are playing an ever increasing role in the marketplace. Design patents can play an important role in protecting design innovations and help reduce competition, whether they are the only available intellectual property protection or are part of an overall legal strategy.
Source >> https://grr.com/publications/trademark-protection-fashion-industry/
Monday, April 9, 2018
How to Patent a Provisional Patent Application
By: Michael J Foycik Jr.
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
A provisional patent application
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.
A slightly better title would be “How to Get a Provisional Patent Application.“ That would be more correct, as explained below. It is easy to get a provisional patent application, which gives “patent pending” status but cannot in itself be “patented.” Instead, a provisional patent application holds the date (as the date of filing), protects the owner against later copiers, and permits later filing of a utility (“regular”) patent application.
Why get a Provisional Patent Application? It is less costly, and has a lower government filing fee, as compared with a utility patent application. It takes less effort to prepare, and needs no formal drawings and no signed Declaration.
Anything can be the subject of a provisional patent application. It provides defensive protection against later imitators. And, it can be the basis of a later utility patent application. It’s very useful to get a provisional patent application!
So what's the catch? The catch is, the provisional patent application lasts for only one year, after which the idea belongs to the public unless a utility patent application has been filed during that year.
So why file a Provisional Patent Application? If you are publishing the invention or showing it to potential investors or distributors or at a trade show, then a Provisional Patent Application will secure the date of filing, and can protect you against later imitators. How can it protect? It would prevent a competitor from copying your idea and patenting it themselves, then using the patent against you. Yes, that really happens sometimes! And, if the provisional application is followed up within one year by a utility patent application that issues as a patent, then it would allow you to seek damages in court.
Do you need to wait for a patent to issue before commercializing your invention? No, not at all! In fact, a pending patent application can be even more valuable than an issued patent in some cases, and a pending provisional patent application can be sold, assigned, or licensed.
What do you need to get a provisional patent application? You need a written description of the idea. And, it is helpful to provide drawings or sketches of the idea or invention, preferably with numbers that can be referred to in the body of the written description. The drawings do not need to be like blueprints; they can be simple or very rough, as long as they can be understood in connection with the text in the provisional patent application. And, it is not necessary to have a working model.
Here's a simple example showing how to get a provisional patent application for an idea for a very simple and amusing invention. The simple idea: add a blinking light to a pencil eraser. For the moment, we aren't concerned with whether it has been done before. For now, the idea would be expressed in words, written just as above, as the text or body of the application. And, since it is possible to illustrate the idea in a drawing, we would also add a sketch showing where the light should be placed on the eraser. The parts shown in the drawings should be numbered, for easy reference. The text would refer to the features of the drawings, and name the parts indicated by numbers, and also explain the function or purpose of the parts. What else should be shown in the drawings? The light should have a power source, for example a small solar panel or a small battery, and connecting wires should be shown connecting the power source to the light.
Read More >> http://internationalpatentservice.com/How-to-Patent-a-Provisional-Patent-Application.html
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
A provisional patent application
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.
A slightly better title would be “How to Get a Provisional Patent Application.“ That would be more correct, as explained below. It is easy to get a provisional patent application, which gives “patent pending” status but cannot in itself be “patented.” Instead, a provisional patent application holds the date (as the date of filing), protects the owner against later copiers, and permits later filing of a utility (“regular”) patent application.
Why get a Provisional Patent Application? It is less costly, and has a lower government filing fee, as compared with a utility patent application. It takes less effort to prepare, and needs no formal drawings and no signed Declaration.
Anything can be the subject of a provisional patent application. It provides defensive protection against later imitators. And, it can be the basis of a later utility patent application. It’s very useful to get a provisional patent application!
So what's the catch? The catch is, the provisional patent application lasts for only one year, after which the idea belongs to the public unless a utility patent application has been filed during that year.
So why file a Provisional Patent Application? If you are publishing the invention or showing it to potential investors or distributors or at a trade show, then a Provisional Patent Application will secure the date of filing, and can protect you against later imitators. How can it protect? It would prevent a competitor from copying your idea and patenting it themselves, then using the patent against you. Yes, that really happens sometimes! And, if the provisional application is followed up within one year by a utility patent application that issues as a patent, then it would allow you to seek damages in court.
Do you need to wait for a patent to issue before commercializing your invention? No, not at all! In fact, a pending patent application can be even more valuable than an issued patent in some cases, and a pending provisional patent application can be sold, assigned, or licensed.
What do you need to get a provisional patent application? You need a written description of the idea. And, it is helpful to provide drawings or sketches of the idea or invention, preferably with numbers that can be referred to in the body of the written description. The drawings do not need to be like blueprints; they can be simple or very rough, as long as they can be understood in connection with the text in the provisional patent application. And, it is not necessary to have a working model.
Here's a simple example showing how to get a provisional patent application for an idea for a very simple and amusing invention. The simple idea: add a blinking light to a pencil eraser. For the moment, we aren't concerned with whether it has been done before. For now, the idea would be expressed in words, written just as above, as the text or body of the application. And, since it is possible to illustrate the idea in a drawing, we would also add a sketch showing where the light should be placed on the eraser. The parts shown in the drawings should be numbered, for easy reference. The text would refer to the features of the drawings, and name the parts indicated by numbers, and also explain the function or purpose of the parts. What else should be shown in the drawings? The light should have a power source, for example a small solar panel or a small battery, and connecting wires should be shown connecting the power source to the light.
Read More >> http://internationalpatentservice.com/How-to-Patent-a-Provisional-Patent-Application.html
Sunday, April 8, 2018
5 Legal Techniques to Secure Cannabis Strain Intellectual Property
By: Kevin Fortin and Grace Neibaron
Cannabis is a multi-billion dollar industry in the United States, and the cannabis plant is characterized by some as its most valuable asset. Some strains of cannabis stand out as superior based on a number of factors including yield of seed, fiber and cannabinoid content. Various strains are adapted for particular regions and cultivation environments. Other strains possess unique characteristics including unique aromas, desirable growth characteristics and other attributes.
Exclusivity in the marketplace can reward a grower/entrepreneur. This article illustrates a number of possible ways to protect your strain in the marketplace. Protection can be afforded through the strategic use of Patents, Trademarks, Copyrights, Contracts and Plant Variety Protection Certificates.
No single form of intellectual protection is comprehensive. Each form has its advantages, limitations and associated costs. The best protection includes an array of strategically considered hurdles that limit a competitors use of the protected strain.
Different Strategies for Protecting a Cannabis Strain in the Marketplace
Utility patents are regularly issued for plants, extraction methods, formulation methods, nutraceutical compositions, growing techniques and hardware. There is no express prohibition that would limit patentability of a particular cannabis strain. Many cannabis-patents have been issued.issued.
For example, GW Pharma Limited, from the UK, has hundreds of published patent applications and many issued patents covering aspects of cannabis. One interesting example covers particular genotypes that result in the high production of cannabichromenic acid and its decarboxylated form. Utility patents can pose a hurdle to those that may wish to use a proprietary cannabis strain.
Plant patents covering asexually reproducible varieties (clones). Plant patents are relatively inexpensive compared to a utility patent for the genetics. A plant patent is essentially a design patent covering any novel and visually perceived attributes of the plant. Coverage is narrow. While plant patents are quite useful in covering clones, they do not cover sexual reproduction of the variety e.g. using a cannabis clone to create hybrid seeds for distribution.
Contracts restricting the use of seeds and clones may be achieved through a material use agreement, a trade secret agreement or a technology use agreement. A clone supply agreement should include terms that enable the strain owner to protect the strain. However, one should appreciate that contracts typically bind only the parties. If a third party appears with the strain, and it can’t be traced back to the contracting parties, the contract likely adds little protection. Smart contracting can be a valuable and inexpensive way of protecting your strain.
Trademarks: the strain name can be protected by State and Federal Trademark Law. Those holding or owning special strains of cannabis see value in the strain name. Customers recognize the name and it may be difficult for a third party to distribute the strain without using the name. Trademarks are a way of creating a hurdle for competitors.
There are challenges to Trademark Protection. The U.S. Patent and Trademark Office is notorious for rejecting trademarks for marijuana and related products. In order to obtain a federal trademark registration, actual use in interstate commerce is required. The Controlled Substances Act under federal law arguably makes the interstate distribution of marijuana illegal.
Solutions are available. Legal hemp products are distributed in interstate commerce. Marijuana could become legal under Federal Law in the future. Early trademark rights can be developed through use in conjunction with hemp products distributed via interstate commerce. These early trademark rights can encompass the later use in conjunction with other similar (legal) products, including Marijuana when it becomes legal.
Further, state law trademark registration is available for each individual state. Some find this cumbersome, but it is possible. Lastly, federal copyright law can protect a logo such as an image or fanciful font expressing the strain name. Protecting trademarks is another useful hurdle that can be erected to protect your strain.
Plant Variety Protection: The Plant Variety Protection Act (the “PVPA”) provides an option along with patent law as a way to protect and encourage the development of new seed varieties. PVPA creates a voluntary program to provide patent-like rights to developers, breeders, and owners of plant varieties. Similar to patent protection, the PVPA provides intellectual property protection to breeders of varieties of seed and tuber (potatoes) propagated plants that are new, distinct, uniform, and stable it allows for protections for a term of up to 20 years. It is important to note that PVPA does not limit the scope of patent law when looking to protect new seed variety. One can obtain both a plant patent and a PVPA certificate for the same strain.
PVPA provides similar protections as a patent provides. Unlike a plant patent, which does not cover seed propagation, the PVPA affords protection to those using seed to propagate the protected variety and hybrids thereof.
For example, it is unlawful to sell or grow a PVPA protected variety without the permission of the PVPA certificate holder; and the PVPA certificate holder can bring civil actions against persons violating/infringing on the holder’s rights. Damages may include attorney’s fees and up to triple the damages where willful infringement is found. In addition to patent like protection, the certificate holder may bring federal or state enforcement in some circumstances. Penalties for willful infringement under Federal law have been awarded in the six-figure range.
Under the PVPA infringing acts may include: using seed marketed as “unauthorized propagation prohibited” to produce seed of the variety to market for growing purposes: Selling, offering, delivering, consigning, exchanging or advertising for sale a protected variety; Dispensing the variety to another person without informing that person that the variety is protected; Importing the variety into the United States or exporting the variety from the United States; or Inducing a third party to commit any of the above acts.
Obtaining a PVPA certificate requires deposit of seed in an authorized repository. As of yet, there is no known court case where a PVPA certificate has been enforced against a marijuana cultivator. Like patents and other types of intellectual property protections, the PVPA is a useful tool in protecting plant species.
Source >> https://www.newcannabisventures.com/5-legal-techniques-to-secure-cannabis-strain-intellectual-property/
Cannabis is a multi-billion dollar industry in the United States, and the cannabis plant is characterized by some as its most valuable asset. Some strains of cannabis stand out as superior based on a number of factors including yield of seed, fiber and cannabinoid content. Various strains are adapted for particular regions and cultivation environments. Other strains possess unique characteristics including unique aromas, desirable growth characteristics and other attributes.
Exclusivity in the marketplace can reward a grower/entrepreneur. This article illustrates a number of possible ways to protect your strain in the marketplace. Protection can be afforded through the strategic use of Patents, Trademarks, Copyrights, Contracts and Plant Variety Protection Certificates.
No single form of intellectual protection is comprehensive. Each form has its advantages, limitations and associated costs. The best protection includes an array of strategically considered hurdles that limit a competitors use of the protected strain.
Different Strategies for Protecting a Cannabis Strain in the Marketplace
Utility patents are regularly issued for plants, extraction methods, formulation methods, nutraceutical compositions, growing techniques and hardware. There is no express prohibition that would limit patentability of a particular cannabis strain. Many cannabis-patents have been issued.issued.
For example, GW Pharma Limited, from the UK, has hundreds of published patent applications and many issued patents covering aspects of cannabis. One interesting example covers particular genotypes that result in the high production of cannabichromenic acid and its decarboxylated form. Utility patents can pose a hurdle to those that may wish to use a proprietary cannabis strain.
Plant patents covering asexually reproducible varieties (clones). Plant patents are relatively inexpensive compared to a utility patent for the genetics. A plant patent is essentially a design patent covering any novel and visually perceived attributes of the plant. Coverage is narrow. While plant patents are quite useful in covering clones, they do not cover sexual reproduction of the variety e.g. using a cannabis clone to create hybrid seeds for distribution.
Contracts restricting the use of seeds and clones may be achieved through a material use agreement, a trade secret agreement or a technology use agreement. A clone supply agreement should include terms that enable the strain owner to protect the strain. However, one should appreciate that contracts typically bind only the parties. If a third party appears with the strain, and it can’t be traced back to the contracting parties, the contract likely adds little protection. Smart contracting can be a valuable and inexpensive way of protecting your strain.
Trademarks: the strain name can be protected by State and Federal Trademark Law. Those holding or owning special strains of cannabis see value in the strain name. Customers recognize the name and it may be difficult for a third party to distribute the strain without using the name. Trademarks are a way of creating a hurdle for competitors.
There are challenges to Trademark Protection. The U.S. Patent and Trademark Office is notorious for rejecting trademarks for marijuana and related products. In order to obtain a federal trademark registration, actual use in interstate commerce is required. The Controlled Substances Act under federal law arguably makes the interstate distribution of marijuana illegal.
Solutions are available. Legal hemp products are distributed in interstate commerce. Marijuana could become legal under Federal Law in the future. Early trademark rights can be developed through use in conjunction with hemp products distributed via interstate commerce. These early trademark rights can encompass the later use in conjunction with other similar (legal) products, including Marijuana when it becomes legal.
Further, state law trademark registration is available for each individual state. Some find this cumbersome, but it is possible. Lastly, federal copyright law can protect a logo such as an image or fanciful font expressing the strain name. Protecting trademarks is another useful hurdle that can be erected to protect your strain.
Plant Variety Protection: The Plant Variety Protection Act (the “PVPA”) provides an option along with patent law as a way to protect and encourage the development of new seed varieties. PVPA creates a voluntary program to provide patent-like rights to developers, breeders, and owners of plant varieties. Similar to patent protection, the PVPA provides intellectual property protection to breeders of varieties of seed and tuber (potatoes) propagated plants that are new, distinct, uniform, and stable it allows for protections for a term of up to 20 years. It is important to note that PVPA does not limit the scope of patent law when looking to protect new seed variety. One can obtain both a plant patent and a PVPA certificate for the same strain.
PVPA provides similar protections as a patent provides. Unlike a plant patent, which does not cover seed propagation, the PVPA affords protection to those using seed to propagate the protected variety and hybrids thereof.
For example, it is unlawful to sell or grow a PVPA protected variety without the permission of the PVPA certificate holder; and the PVPA certificate holder can bring civil actions against persons violating/infringing on the holder’s rights. Damages may include attorney’s fees and up to triple the damages where willful infringement is found. In addition to patent like protection, the certificate holder may bring federal or state enforcement in some circumstances. Penalties for willful infringement under Federal law have been awarded in the six-figure range.
Under the PVPA infringing acts may include: using seed marketed as “unauthorized propagation prohibited” to produce seed of the variety to market for growing purposes: Selling, offering, delivering, consigning, exchanging or advertising for sale a protected variety; Dispensing the variety to another person without informing that person that the variety is protected; Importing the variety into the United States or exporting the variety from the United States; or Inducing a third party to commit any of the above acts.
Obtaining a PVPA certificate requires deposit of seed in an authorized repository. As of yet, there is no known court case where a PVPA certificate has been enforced against a marijuana cultivator. Like patents and other types of intellectual property protections, the PVPA is a useful tool in protecting plant species.
Source >> https://www.newcannabisventures.com/5-legal-techniques-to-secure-cannabis-strain-intellectual-property/
Startups and Patent Trolls
By: Colleen V. Chien
Abstract
While patent assertion entities ("PAEs" or patent “trolls”) have received a lot of attention, little of it has focused on the distributional impacts of their demands. The impact of PAEs on startups is crucial, because startups contribute to job creation and innovation, making them potential targets and sources of patents. To assess the impact of trolls on startups, I analyzed a comprehensive database of patent litigations from 2006 to the present, conducted a non-random survey of 223 tech company startups, 79 of which had received a demand, and interviewed nearly twenty entities with relevant knowledge of startup patent issues.
I find that although large companies tend to dominate patent headlines, most unique defendants to troll suits are small. Companies with less than $100M annual revenue represent at least 66% of unique defendants to troll suits and at least 55% of unique defendants in troll suits make $10M per year or less. Suing small companies appears distinguish PAEs from operating companies, who sued companies with less than $10M per year of revenue only 16% of the time, based on unique defendants. Of survey responses that had received a demand (N=79), a large percentage reported a “significant operational impact”: delayed hiring or achievement of another milestone, change in the product, a pivot in business strategy, shutting down a business line or the entire business, and/or lost valuation. The smaller the company, the more likely it was to report one or more significant operational impacts. To the extent patent demands "tax" innovation, then, they appear to do so regressively, with small companies targeted more as unique defendants, and paying more in time, money and operational impact, relative to their size, than large firms. 40% of survey respondents stated that they were being targeted because of their use of another’s or a widely available technology.
Yet an operational change was not the only response to a demand: 22% of responders reported that, to resolve the demand, their primary response was to “do nothing,” while 35% fought the demand, and 18% settled it. Based on available information, costs were highest when fighting in court was the primary response (with average expenditures of $857K (N=7)); settling cost an average of $340K (n=12) and fighting out of court cost $168K (N=18), on average (Table 1).
Small companies can also benefit from a robust market in patents, both as sellers and buyers. An estimated 50% of NPE patents come from companies with less than $200M in revenue. Patent sales can support the ongoing business, and 4% of survey responders said they had monetized their patents, and another 20% said that they had considered it. Yet while the conditions of a majority of sales is unknown, they often take place when the company is in distress or transition, as growing young companies often lack the inclination, time, or extra patents to monetize their intellectual property. When patents are sold under firesale conditions, investors, creditors, and patent focused companies share in the profits, reducing the direct returns to the inventive entity. Growing companies can also benefit from the patent marketplace as buyers, buying patents from the marketplace "on-demand" and overcoming some of the advantages of incumbents.
What can be done to decrease the harms of patent assertion and increase the benefits of a robust patent market to small companies and startups? Focusing exclusively on the first question, I present new data that suggest that a number of the reforms put in place over the last year, including by the America Invents Act, are having a positive impact. Fewer defendants are being named in patent suits. The new post-grant review provisions will reduce the leverage of patent plaintiffs in some cases. However, some of these reforms are out of the reach of startups. Prior user rights benefit older companies against younger patents, but don’t help new start-ups. Startup companies are cash-poor, but challenging issued patents is expensive and time-consuming. Reforms to reduce the cost of litigation defense are laudable, and likely deter some suits from being brought in the first place, but don’t reach small companies against whom litigation is threatened, but not brought. Increasing the cost of software patents would limit the number of patents but would also disadvantage startups that patent, relative to large companies and PAEs with large budgets. The distributional impacts of reforms need to be kept in mind, and I suggest some alternative reforms for the consideration of the courts, Congress, and the market.
Source >> https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2146251
Abstract
While patent assertion entities ("PAEs" or patent “trolls”) have received a lot of attention, little of it has focused on the distributional impacts of their demands. The impact of PAEs on startups is crucial, because startups contribute to job creation and innovation, making them potential targets and sources of patents. To assess the impact of trolls on startups, I analyzed a comprehensive database of patent litigations from 2006 to the present, conducted a non-random survey of 223 tech company startups, 79 of which had received a demand, and interviewed nearly twenty entities with relevant knowledge of startup patent issues.
I find that although large companies tend to dominate patent headlines, most unique defendants to troll suits are small. Companies with less than $100M annual revenue represent at least 66% of unique defendants to troll suits and at least 55% of unique defendants in troll suits make $10M per year or less. Suing small companies appears distinguish PAEs from operating companies, who sued companies with less than $10M per year of revenue only 16% of the time, based on unique defendants. Of survey responses that had received a demand (N=79), a large percentage reported a “significant operational impact”: delayed hiring or achievement of another milestone, change in the product, a pivot in business strategy, shutting down a business line or the entire business, and/or lost valuation. The smaller the company, the more likely it was to report one or more significant operational impacts. To the extent patent demands "tax" innovation, then, they appear to do so regressively, with small companies targeted more as unique defendants, and paying more in time, money and operational impact, relative to their size, than large firms. 40% of survey respondents stated that they were being targeted because of their use of another’s or a widely available technology.
Yet an operational change was not the only response to a demand: 22% of responders reported that, to resolve the demand, their primary response was to “do nothing,” while 35% fought the demand, and 18% settled it. Based on available information, costs were highest when fighting in court was the primary response (with average expenditures of $857K (N=7)); settling cost an average of $340K (n=12) and fighting out of court cost $168K (N=18), on average (Table 1).
Small companies can also benefit from a robust market in patents, both as sellers and buyers. An estimated 50% of NPE patents come from companies with less than $200M in revenue. Patent sales can support the ongoing business, and 4% of survey responders said they had monetized their patents, and another 20% said that they had considered it. Yet while the conditions of a majority of sales is unknown, they often take place when the company is in distress or transition, as growing young companies often lack the inclination, time, or extra patents to monetize their intellectual property. When patents are sold under firesale conditions, investors, creditors, and patent focused companies share in the profits, reducing the direct returns to the inventive entity. Growing companies can also benefit from the patent marketplace as buyers, buying patents from the marketplace "on-demand" and overcoming some of the advantages of incumbents.
What can be done to decrease the harms of patent assertion and increase the benefits of a robust patent market to small companies and startups? Focusing exclusively on the first question, I present new data that suggest that a number of the reforms put in place over the last year, including by the America Invents Act, are having a positive impact. Fewer defendants are being named in patent suits. The new post-grant review provisions will reduce the leverage of patent plaintiffs in some cases. However, some of these reforms are out of the reach of startups. Prior user rights benefit older companies against younger patents, but don’t help new start-ups. Startup companies are cash-poor, but challenging issued patents is expensive and time-consuming. Reforms to reduce the cost of litigation defense are laudable, and likely deter some suits from being brought in the first place, but don’t reach small companies against whom litigation is threatened, but not brought. Increasing the cost of software patents would limit the number of patents but would also disadvantage startups that patent, relative to large companies and PAEs with large budgets. The distributional impacts of reforms need to be kept in mind, and I suggest some alternative reforms for the consideration of the courts, Congress, and the market.
Source >> https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2146251
Thursday, April 5, 2018
AKHAN’s Miraj Diamond® Technology Receives Key Patent and Trademark Issuances
By: BUSINESSWIRE LIVE FEED
AKHAN Semiconductor, a technology company specializing in the fabrication and application of lab-grown, electronics-grade diamonds, announced today that it has obtained official notifications from both the United States Patent and Trademark Office (USPTO) and Taiwan Intellectual Property Office (TIPO) for the Miraj Diamond trademark registration and patent allowance.
The official registration of the Miraj Diamond mark by the USPTO (Registration No. 5,438,740) follows nearly six years of completed filings fulfilled by the Illinois-based technology company following its launch in December 2012. The TIPO issued patent I615943 is the second AKHAN patent to be granted by the country-- well-known to be strategic in the global semiconductor marketplace. The patent is a foreign counterpart of other issued and pending patents owned by AKHAN Semiconductor, Inc. that are used in the company’s Miraj Diamond® products. The claims protect uses far beyond the existing applications, including microprocessor applications. Covering the base materials common to nearly all semiconductor components, the intellectual property can be realized in everything from diodes, transistors, and power inverters, to fully functioning diamond chips such as integrated circuitry.
“The official declarations from both the USPTO and TIPO significantly add to the critical protections of the Miraj Diamond intellectual property portfolio and brand,” said Adam Khan, Founder & Chief Executive Officer of AKHAN Semiconductor. “Less than six years after our founding, the Miraj Diamond trademark is not only gaining global attention from the consumer electronics and semiconductor market places, but is also synonymous for next-generation performance, breakthrough capability, and flagship technology with diamond.”
“The notices of these issuances are very timely as we complete the construction of our cleanroom pilot production facility in northern Illinois,” added Carl Shurboff, AKHAN President and Chief Operating Officer. “With the targeted 2019 launch of our Miraj Diamond® Glass products for Smartphone devices and the concurrent development of our Miraj Diamond® electronics products for aerospace and defense, the brand equity we deliver in diamond continues unparalleled.”
“Safeguarding the technology and trademark from infringement, improper use, and other challenges, benefits not only our OEM Customers, by preserving their market value and time-based exclusivity, but also our shareholders, corporate development partners, and technology partners around the world,” said company Sales Advisor to the Board, Jeffrey G. Miller.
Source >> http://www.financialbuzz.com/akhan-s-miraj-diamond-technology-receives-key-patent-and-trademark-issuances-1049648
AKHAN Semiconductor, a technology company specializing in the fabrication and application of lab-grown, electronics-grade diamonds, announced today that it has obtained official notifications from both the United States Patent and Trademark Office (USPTO) and Taiwan Intellectual Property Office (TIPO) for the Miraj Diamond trademark registration and patent allowance.
The official registration of the Miraj Diamond mark by the USPTO (Registration No. 5,438,740) follows nearly six years of completed filings fulfilled by the Illinois-based technology company following its launch in December 2012. The TIPO issued patent I615943 is the second AKHAN patent to be granted by the country-- well-known to be strategic in the global semiconductor marketplace. The patent is a foreign counterpart of other issued and pending patents owned by AKHAN Semiconductor, Inc. that are used in the company’s Miraj Diamond® products. The claims protect uses far beyond the existing applications, including microprocessor applications. Covering the base materials common to nearly all semiconductor components, the intellectual property can be realized in everything from diodes, transistors, and power inverters, to fully functioning diamond chips such as integrated circuitry.
“The official declarations from both the USPTO and TIPO significantly add to the critical protections of the Miraj Diamond intellectual property portfolio and brand,” said Adam Khan, Founder & Chief Executive Officer of AKHAN Semiconductor. “Less than six years after our founding, the Miraj Diamond trademark is not only gaining global attention from the consumer electronics and semiconductor market places, but is also synonymous for next-generation performance, breakthrough capability, and flagship technology with diamond.”
“The notices of these issuances are very timely as we complete the construction of our cleanroom pilot production facility in northern Illinois,” added Carl Shurboff, AKHAN President and Chief Operating Officer. “With the targeted 2019 launch of our Miraj Diamond® Glass products for Smartphone devices and the concurrent development of our Miraj Diamond® electronics products for aerospace and defense, the brand equity we deliver in diamond continues unparalleled.”
“Safeguarding the technology and trademark from infringement, improper use, and other challenges, benefits not only our OEM Customers, by preserving their market value and time-based exclusivity, but also our shareholders, corporate development partners, and technology partners around the world,” said company Sales Advisor to the Board, Jeffrey G. Miller.
Source >> http://www.financialbuzz.com/akhan-s-miraj-diamond-technology-receives-key-patent-and-trademark-issuances-1049648
Wednesday, April 4, 2018
A Simple Guide to Trademarks, Copyrights and Patents
By: Nellie Akalp
Your company’s intellectual property—from your logo to trade secrets—can be just as valuable as physical assets. This is particularly true for digital startups. Yet, taking the necessary legal steps to protect your intellectual property can be costly and time-consuming, often burdening a young business before it gets off the ground. It’s a delicate balance to determine what actions to take and when, but the following is a primer on the various types of intellectual property.
Trademarks
A trademark is a word, phrase, name or symbol that identifies the source of a product or service and distinguishes it from competitors. A trademark would apply to your company name, product names, logos, and taglines. Trademarks don’t actually have to be registered with the USPTO (U.S. Patent and Trademark Office). If your company creates a logo or name that you want to use exclusively, you can attach the TM symbol and this essentially gives you “common law” rights. However, in case anyone ends up using your name or logo without your permission, you’ve got a much better chance of winning an infringement suit against them if you actually registered your trademark. And with formal trademark registration, it’s also exponentially easier for you to recover your digital properties—for example, if someone happens to be using a close variation of your domain name or is using your company name as their Twitter handle.
When it comes to trademarking, there’s often some confusion surrounding the company name. Many young companies think that once they incorporate or form an LLC, they have registered and protected their name. The act of incorporating does indeed register your business name within your state of incorporation—but that won’t stop someone else from using your name in any of the 49 other states.
To register your business name, you’ll need to file an application either directly with the USPTO or have an online legal filing service file it for you. Expect to pay approximately $325 in application fees per class that your mark would fall under. The process can take anywhere from six months to a year once you submit your application. It’s also smart to perform a comprehensive trademark search before starting the application process to make sure your name is available (you won’t get an application refund just because your name isn’t available).
Copyrights
A copyright protects “original works of authorship.” For digital startups, this typically means website copy, marketing material and possibly even computer code. By law, a copyright exists the moment something is written, photographed, drawn, etc. As soon as you write and publish the copy on your website, you automatically own a copyright for this work—and are able to use the copyright symbol © and the terminology “All Rights Reserved.”
If copyright protection exists without registration, why register?
Formal registration is a prerequisite if you decide to sue someone for copyright infringement. That’s because copyright registration gives you a public record of ownership. You can register online through the U.S. Copyright Office or have a legal online filing service handle it for you. Registering a copyright is relatively straightforward and affordable. So if it’s important to you to have the ability to take legal action in case someone copies part of your website or whitepaper without your permission, then it makes sense to register a copyright.
Patents
A patent gives an inventor the exclusive rights to manufacture, use or sell an invention for a certain number of years. Patents cover tangible things, and can include software processes, product design and other inventions. For example, Twitter has a patent on the “pull-to-refresh” function found in Twitter’s iPhone app, while Coca-Cola patented the unique shape of its original bottle. Before applying for a patent, you should ask yourself the following questions: Is your product or idea original? Is it useful? And is it not obvious to others with basic skills in your field? For example, Amazon‘s patent for its one-click ordering system was rejected by the European Patent Office (EPO) for being too obvious and non-inventive. When you register your invention with the government, you get the legal right to exclude anyone else from manufacturing or marketing it. You also get to use terminology like “patented technology” or “patent-pending technology” (for a provisional patent) in your marketing material. And patents have value—they can be sold as assets and are often factored into funding or acquisition deals.
Acquiring a patent can take up to six years and hundreds of hours of work. Due to the complexity of the process, most companies turn to an attorney, patent agent or licensing firm—this can mean approximately $7,000 to $15,000 in attorney fees. Ideally, your IP pro will understand and specialize in your particular market, which can make the process more efficient. Because the investment required to file a patent is so high, many startups struggle to know the right time to apply. While there’s no single right answer for everyone, keep the following things in mind.
When you submit your paperwork to the U.S. Patent and Trademark Office, you secure your priority date. This means that if another company starts doing something similar after your filing date, they’re infringing on your patent (and could be ordered to stop). If you wait—perhaps until your product is ready to launch or your company has more cash flow—you won’t have a case if someone starts doing what your patent is about. And you miss the opportunity to patent the idea or product. In some cases, a company can spend thousands on getting a patent, only to discover that their product is not commercially viable. Or in other cases, by the time the product is finally ready for market, it has gone through so many iterations, that it’s no longer completely covered by the original patent, and the company needs to apply for a brand new patent or Continuation-In-Part application. Be aware that the USPTO also gives you the option to file for a provisional patent. This entails a simpler and lower-cost filing procedure and lets you stake your claim for 12 months from the filing date.
However, this 12-month period is non-renewable, so you’ve got to file a full patent application within the year. No matter which IP strategy is right for you, it’s best to evaluate your options and plan your strategy early on. Filing for a trademark or copyright is often simple enough to take care of on your own or with the help of an online filing service. If patenting is in the cards, it’s best to search out a reputable patent attorney to discuss your options in your company’s early days so you’re not scrambling at the last minute.
Source >> https://blog.corpnet.com/simple-guide-trademarks-copyrights-patents/
Your company’s intellectual property—from your logo to trade secrets—can be just as valuable as physical assets. This is particularly true for digital startups. Yet, taking the necessary legal steps to protect your intellectual property can be costly and time-consuming, often burdening a young business before it gets off the ground. It’s a delicate balance to determine what actions to take and when, but the following is a primer on the various types of intellectual property.
Trademarks
A trademark is a word, phrase, name or symbol that identifies the source of a product or service and distinguishes it from competitors. A trademark would apply to your company name, product names, logos, and taglines. Trademarks don’t actually have to be registered with the USPTO (U.S. Patent and Trademark Office). If your company creates a logo or name that you want to use exclusively, you can attach the TM symbol and this essentially gives you “common law” rights. However, in case anyone ends up using your name or logo without your permission, you’ve got a much better chance of winning an infringement suit against them if you actually registered your trademark. And with formal trademark registration, it’s also exponentially easier for you to recover your digital properties—for example, if someone happens to be using a close variation of your domain name or is using your company name as their Twitter handle.
When it comes to trademarking, there’s often some confusion surrounding the company name. Many young companies think that once they incorporate or form an LLC, they have registered and protected their name. The act of incorporating does indeed register your business name within your state of incorporation—but that won’t stop someone else from using your name in any of the 49 other states.
To register your business name, you’ll need to file an application either directly with the USPTO or have an online legal filing service file it for you. Expect to pay approximately $325 in application fees per class that your mark would fall under. The process can take anywhere from six months to a year once you submit your application. It’s also smart to perform a comprehensive trademark search before starting the application process to make sure your name is available (you won’t get an application refund just because your name isn’t available).
Copyrights
A copyright protects “original works of authorship.” For digital startups, this typically means website copy, marketing material and possibly even computer code. By law, a copyright exists the moment something is written, photographed, drawn, etc. As soon as you write and publish the copy on your website, you automatically own a copyright for this work—and are able to use the copyright symbol © and the terminology “All Rights Reserved.”
If copyright protection exists without registration, why register?
Formal registration is a prerequisite if you decide to sue someone for copyright infringement. That’s because copyright registration gives you a public record of ownership. You can register online through the U.S. Copyright Office or have a legal online filing service handle it for you. Registering a copyright is relatively straightforward and affordable. So if it’s important to you to have the ability to take legal action in case someone copies part of your website or whitepaper without your permission, then it makes sense to register a copyright.
Patents
A patent gives an inventor the exclusive rights to manufacture, use or sell an invention for a certain number of years. Patents cover tangible things, and can include software processes, product design and other inventions. For example, Twitter has a patent on the “pull-to-refresh” function found in Twitter’s iPhone app, while Coca-Cola patented the unique shape of its original bottle. Before applying for a patent, you should ask yourself the following questions: Is your product or idea original? Is it useful? And is it not obvious to others with basic skills in your field? For example, Amazon‘s patent for its one-click ordering system was rejected by the European Patent Office (EPO) for being too obvious and non-inventive. When you register your invention with the government, you get the legal right to exclude anyone else from manufacturing or marketing it. You also get to use terminology like “patented technology” or “patent-pending technology” (for a provisional patent) in your marketing material. And patents have value—they can be sold as assets and are often factored into funding or acquisition deals.
Acquiring a patent can take up to six years and hundreds of hours of work. Due to the complexity of the process, most companies turn to an attorney, patent agent or licensing firm—this can mean approximately $7,000 to $15,000 in attorney fees. Ideally, your IP pro will understand and specialize in your particular market, which can make the process more efficient. Because the investment required to file a patent is so high, many startups struggle to know the right time to apply. While there’s no single right answer for everyone, keep the following things in mind.
When you submit your paperwork to the U.S. Patent and Trademark Office, you secure your priority date. This means that if another company starts doing something similar after your filing date, they’re infringing on your patent (and could be ordered to stop). If you wait—perhaps until your product is ready to launch or your company has more cash flow—you won’t have a case if someone starts doing what your patent is about. And you miss the opportunity to patent the idea or product. In some cases, a company can spend thousands on getting a patent, only to discover that their product is not commercially viable. Or in other cases, by the time the product is finally ready for market, it has gone through so many iterations, that it’s no longer completely covered by the original patent, and the company needs to apply for a brand new patent or Continuation-In-Part application. Be aware that the USPTO also gives you the option to file for a provisional patent. This entails a simpler and lower-cost filing procedure and lets you stake your claim for 12 months from the filing date.
However, this 12-month period is non-renewable, so you’ve got to file a full patent application within the year. No matter which IP strategy is right for you, it’s best to evaluate your options and plan your strategy early on. Filing for a trademark or copyright is often simple enough to take care of on your own or with the help of an online filing service. If patenting is in the cards, it’s best to search out a reputable patent attorney to discuss your options in your company’s early days so you’re not scrambling at the last minute.
Source >> https://blog.corpnet.com/simple-guide-trademarks-copyrights-patents/
Corporate/Commercial Law Practices with Virtual Patent/Trademark Agents
By: Craig Wilson
A Canadian law practice, small or large, with corporate commercial lawyers may not have the resources to have its own in-house patent and/or trademark agent(s). This is where a virtual Patent and Trademark Agent firm can assist such a law firm.
A Patent and Trademark Agent firm that specializes in acquiring patents and trademarks in Canada and abroad is in a good position to support your law firm in servicing the intellectual property needs of your corporate and commerical clients. A virtual patent agent can be contracted by the firm on a file by file basis to provide services as a member of the firm’s legal team. This is a winning solution where the legal firm’s clients obtain the value added of a patent agent without the legal firm having the overhead costs associated with creating and maintaining a full time patent agent on staff.
A virtual patent agent can take on many different roles with a legal firm. The virtual patent agent can be an extension of the legal firm’s corporate and commercial practice by providing patent drafting and prosecution skills at fixed rates to the firm as well as services of developing patent evaluation processes that root out inventions, consider their importance to the client’s business and rate the inventions for filing in accordance with the policy and market interests of the cleint’s business.
Our firm members have several years of in-house corporate patent and trademark agent/engineer experience. We prefer to think of ourselves as team members that work with our partners; meeting, facilitating, and exceeding their needs and expectations.
In partnering, we customize our relationship with each partner so that we seamlessly and effectively integrate with the partner’s needs. Simply put, we strive to provide the service level you require in a working relationship that adds value to your firm’s practice as well as the firm’s clients.
This is our view of the role of how a virtual Patent and Trademark Agent Firm can work as an extension of your corporate and commercial law practice.
Source >> http://www.wilsonpatents.com/news/corporatecommercial-law-practices-with-virtual-patenttrademark-agents/
A Canadian law practice, small or large, with corporate commercial lawyers may not have the resources to have its own in-house patent and/or trademark agent(s). This is where a virtual Patent and Trademark Agent firm can assist such a law firm.
A Patent and Trademark Agent firm that specializes in acquiring patents and trademarks in Canada and abroad is in a good position to support your law firm in servicing the intellectual property needs of your corporate and commerical clients. A virtual patent agent can be contracted by the firm on a file by file basis to provide services as a member of the firm’s legal team. This is a winning solution where the legal firm’s clients obtain the value added of a patent agent without the legal firm having the overhead costs associated with creating and maintaining a full time patent agent on staff.
A virtual patent agent can take on many different roles with a legal firm. The virtual patent agent can be an extension of the legal firm’s corporate and commercial practice by providing patent drafting and prosecution skills at fixed rates to the firm as well as services of developing patent evaluation processes that root out inventions, consider their importance to the client’s business and rate the inventions for filing in accordance with the policy and market interests of the cleint’s business.
Our firm members have several years of in-house corporate patent and trademark agent/engineer experience. We prefer to think of ourselves as team members that work with our partners; meeting, facilitating, and exceeding their needs and expectations.
In partnering, we customize our relationship with each partner so that we seamlessly and effectively integrate with the partner’s needs. Simply put, we strive to provide the service level you require in a working relationship that adds value to your firm’s practice as well as the firm’s clients.
This is our view of the role of how a virtual Patent and Trademark Agent Firm can work as an extension of your corporate and commercial law practice.
Source >> http://www.wilsonpatents.com/news/corporatecommercial-law-practices-with-virtual-patenttrademark-agents/
Monday, April 2, 2018
Protecting Your Patent And Intellectual Property In The Chinese Market
By: lawyeradmin
The increase in globalization has given rise to new opportunities for many industrious business owners looking to expand their business into new international markets. For business owners, each new market comes with a renewed opportunity to continue growing in a previously untapped arena.
As advantageous as expanding into international markets can be for business owners, doing so comes with a set of inherent risks that many are not prepared to take on.
Protecting Your IP and Patent Abroad…
It is widely known within the United States, that patents, trademarks and copyrights are used to discourage illegal copying, infringement, and counterfeiting. While cases that involve infringement have a tendency to lead to lengthy court cases, for the most part the basic protection provided by strong intellectual property ensures a company’s investments in research and development, branding, and other assets are safe.
But for many business owners entering the international market for the first time, the intricacies of ensuring your patent and intellectual property are protected across national borders can be difficult to take on without first consulting legal representation.
The very first point of difference…
The main issue in protecting your patent within the United States and preventing infringement abroad is that the international community does not recognize patents filed within the United States, with a few exceptions.
This means that a business owner is required to file a separate copyright or patent claim within the country they wish to expand into, otherwise they risk opening themselves up to potential cases of infringement without any legal protections. Several international treaties signed amongst most countries in the world have made it easier to file patents and register intellectual property for foreign nationals entering international markets.
Filing a Patent in China and Protecting Your IP from Infringement…
For those wishing to enter one of the strongest global economies in the world and expand business into China’s vast markets, it is necessary to file an application for a patent with China’s State Intellectual Property Office, or SIPO. Before an application can be filed in China, however, United States Citizens must file for a patent with the United States Patent & Trademark Office. In addition, as with the United States, there are different types of patents in China. In particular, applications for Chinese patents fall into three distinct categories: 1) invention patents, 2) utility model patents, and 3) design patents. It is essential to know and understand the basics of a particular category a patent will fall under before filing as each comes with a set of procedures used to determine legitimacy of an application.
For example…
Those filing an application for an invention patent have to be certain that their product has not been introduced to public, through distribution or even public press release statements, to ensure a successful application.
Protecting your patent in China…
If a case of infringement does arise, business owners who have received a patent for their intellectual property have two routes for recourse available to themselves, taking administrative actions within SIPO or pursuing legal actions within the Chinese legal system.
Language barriers, distance, and financial burden can often make it very difficult for business owners to properly defend their IP and patents beyond their own national borders. However, working with the proper law firm can help you overcome all of those difficulties.
If you would like to ensure your patent and IP are protected before stepping into the Chinese market, contact Depeng (Edward) Bi of the Law Offices of Konrad Sherinian, LLC to schedule a professional consultation. Edward is a Chinese native with extensive contacts within China. He will work with you to ensure that your intellectual property is protected effectively and economically.
Source >> http://www.chicagopatentlaw.net/2017/07/10/protecting-patent-intellectual-property-chinese-market/
The increase in globalization has given rise to new opportunities for many industrious business owners looking to expand their business into new international markets. For business owners, each new market comes with a renewed opportunity to continue growing in a previously untapped arena.
As advantageous as expanding into international markets can be for business owners, doing so comes with a set of inherent risks that many are not prepared to take on.
Protecting Your IP and Patent Abroad…
It is widely known within the United States, that patents, trademarks and copyrights are used to discourage illegal copying, infringement, and counterfeiting. While cases that involve infringement have a tendency to lead to lengthy court cases, for the most part the basic protection provided by strong intellectual property ensures a company’s investments in research and development, branding, and other assets are safe.
But for many business owners entering the international market for the first time, the intricacies of ensuring your patent and intellectual property are protected across national borders can be difficult to take on without first consulting legal representation.
The very first point of difference…
The main issue in protecting your patent within the United States and preventing infringement abroad is that the international community does not recognize patents filed within the United States, with a few exceptions.
This means that a business owner is required to file a separate copyright or patent claim within the country they wish to expand into, otherwise they risk opening themselves up to potential cases of infringement without any legal protections. Several international treaties signed amongst most countries in the world have made it easier to file patents and register intellectual property for foreign nationals entering international markets.
Filing a Patent in China and Protecting Your IP from Infringement…
For those wishing to enter one of the strongest global economies in the world and expand business into China’s vast markets, it is necessary to file an application for a patent with China’s State Intellectual Property Office, or SIPO. Before an application can be filed in China, however, United States Citizens must file for a patent with the United States Patent & Trademark Office. In addition, as with the United States, there are different types of patents in China. In particular, applications for Chinese patents fall into three distinct categories: 1) invention patents, 2) utility model patents, and 3) design patents. It is essential to know and understand the basics of a particular category a patent will fall under before filing as each comes with a set of procedures used to determine legitimacy of an application.
For example…
Those filing an application for an invention patent have to be certain that their product has not been introduced to public, through distribution or even public press release statements, to ensure a successful application.
Protecting your patent in China…
If a case of infringement does arise, business owners who have received a patent for their intellectual property have two routes for recourse available to themselves, taking administrative actions within SIPO or pursuing legal actions within the Chinese legal system.
Language barriers, distance, and financial burden can often make it very difficult for business owners to properly defend their IP and patents beyond their own national borders. However, working with the proper law firm can help you overcome all of those difficulties.
If you would like to ensure your patent and IP are protected before stepping into the Chinese market, contact Depeng (Edward) Bi of the Law Offices of Konrad Sherinian, LLC to schedule a professional consultation. Edward is a Chinese native with extensive contacts within China. He will work with you to ensure that your intellectual property is protected effectively and economically.
Source >> http://www.chicagopatentlaw.net/2017/07/10/protecting-patent-intellectual-property-chinese-market/
Sunday, April 1, 2018
Hanesbrands sues N.Y. apparel company for trademark infringement
By: Richard Craver Winston-Salem Journal
Hanesbrands Inc. and affiliates are suing a New York apparel manufacturer, claiming its Champion brand trademark is being infringed by logos that serve as a “parasitic business model.”
The lawsuit was filed Thursday in U.S. District Court for the Southern District of N.Y.
The defendants are Maxima Apparel Corp. and three affiliates, which make men’s and boys’ apparel. It is best known for the Hudson Outerwear brand. Maxima could not be reached for comment Friday.
Hanesbrands’ Champion brand, one of its top global sellers, has a distinct C in the name that has been trademarked.
“The Champion brand has come to signify high-quality apparel,” Hanesbrands said in the filing. “Defendants, on the other hand, produce apparel that is expensive, but of inferior quality.”
Hanesbrands claimed Maxima’s infringement includes using an image “either identical or confusingly similar” to the Champion “C” in brands, such as Gangster and Chapo, the latter referring to Mexican drug lord Joaquin “El Chapo” Guzman.
Hanesbrands objected to Maxima’s use of the C in June, and the defendants agreed at that time to stop using the logo.
However, Hanesbrands said Maxima not only continued to use the C logo, but also “expanded the scope of their sales and the number of infringing products.” That included selling some of its brands in retail stores where Champion products also were sold.
“Defendants’ use of the infringing logos is a deliberate effort to trade on plaintiffs’ fame and goodwill, and to damage the valuable trademark rights embodied in plaintiffs’ Champion logos,” Hanesbrands said.
“Defendants are taking a free ride on the reputation and goodwill of the plaintiffs.”
Hanesbrands is requesting that Maxima be permanently enjoined from using the infringing logos and any other designation similar to the Champion logos.
Hanesbrands also wants compensatory and other damages, and for Maxima to disgorge any profits it made from the infringing products.
Hanesbrands has been swift in pursuing patent and trademark legal actions against apparel companies.
In May, Hanesbrands and an affiliate settled federal bra patent lawsuits against two intimate-apparel companies — Jacques Moret Inc. and AdoreMe Inc. — but left the door open for refiling in each case.
Neither filing listed a reason for the voluntary dismissals.
In the Jacques Moret lawsuit, the focus was on claims of patent infringement on Hanesbrands’ seamless, stretchy sports bra products. Jacques Moret sells bras under a Jockey International license.
The Maidenform affiliate sued AdoreMe, claiming patent infringement of a bra cup product that “increases the visual appearance of breast size.”
Source >> http://www.journalnow.com/business/hanesbrands-sues-n-y-apparel-company-for-trademark-infringement/article_505bcdd9-1768-56f5-af63-80bf2d9fb6c5.html
Hanesbrands Inc. and affiliates are suing a New York apparel manufacturer, claiming its Champion brand trademark is being infringed by logos that serve as a “parasitic business model.”
The lawsuit was filed Thursday in U.S. District Court for the Southern District of N.Y.
The defendants are Maxima Apparel Corp. and three affiliates, which make men’s and boys’ apparel. It is best known for the Hudson Outerwear brand. Maxima could not be reached for comment Friday.
Hanesbrands’ Champion brand, one of its top global sellers, has a distinct C in the name that has been trademarked.
“The Champion brand has come to signify high-quality apparel,” Hanesbrands said in the filing. “Defendants, on the other hand, produce apparel that is expensive, but of inferior quality.”
Hanesbrands claimed Maxima’s infringement includes using an image “either identical or confusingly similar” to the Champion “C” in brands, such as Gangster and Chapo, the latter referring to Mexican drug lord Joaquin “El Chapo” Guzman.
Hanesbrands objected to Maxima’s use of the C in June, and the defendants agreed at that time to stop using the logo.
However, Hanesbrands said Maxima not only continued to use the C logo, but also “expanded the scope of their sales and the number of infringing products.” That included selling some of its brands in retail stores where Champion products also were sold.
“Defendants’ use of the infringing logos is a deliberate effort to trade on plaintiffs’ fame and goodwill, and to damage the valuable trademark rights embodied in plaintiffs’ Champion logos,” Hanesbrands said.
“Defendants are taking a free ride on the reputation and goodwill of the plaintiffs.”
Hanesbrands is requesting that Maxima be permanently enjoined from using the infringing logos and any other designation similar to the Champion logos.
Hanesbrands also wants compensatory and other damages, and for Maxima to disgorge any profits it made from the infringing products.
Hanesbrands has been swift in pursuing patent and trademark legal actions against apparel companies.
In May, Hanesbrands and an affiliate settled federal bra patent lawsuits against two intimate-apparel companies — Jacques Moret Inc. and AdoreMe Inc. — but left the door open for refiling in each case.
Neither filing listed a reason for the voluntary dismissals.
In the Jacques Moret lawsuit, the focus was on claims of patent infringement on Hanesbrands’ seamless, stretchy sports bra products. Jacques Moret sells bras under a Jockey International license.
The Maidenform affiliate sued AdoreMe, claiming patent infringement of a bra cup product that “increases the visual appearance of breast size.”
Source >> http://www.journalnow.com/business/hanesbrands-sues-n-y-apparel-company-for-trademark-infringement/article_505bcdd9-1768-56f5-af63-80bf2d9fb6c5.html
Subscribe to:
Posts (Atom)
