By: Michael J Foycik Jr.
August 6, 2014
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
If you're planning a Kickstarter campaign or other enterprise funding site, then these tips may help.
Have IP protection. What's that? It is intellectual property. It is not necessary to have an issued patent, but for success raising capital it is important to have at least patent pending protection. Trademark protection can help too. Don't neglect copyright protection and trade secret protection, if those are appropriate for your enterprise.
Get publicity. Use an inexpensive service that does e-press releases. Such a service can even help you write the press releases, for a small additional fee. And, try giving interviews to journals and magazines that might review your product or service.
Line up your tech resources ahead of time, to list on the site. These services would include affordable software technical services. Your product will need technical support services, so it may be a good idea to list such a company on your site. Other software services are important, as you're well aware already: sales support software, inventory management software, and employee management software, among others.
Read More >> http://internationalpatentservice.com/Some-Kickstarter-Success-Tips.html
Saturday, June 30, 2018
Thursday, June 28, 2018
BUSINESS NAME AND TRADEMARK CONFUSION CAN COST YOUR BUSINESS BIG BUCKS
By: Kelley Keller
One of the biggest mistakes that a business can make is failing to secure the trademark for its business name.
Many businesses register their business names in their states so they can start operating, and they think that’s all they have to do. Fast forward a few years and a business that makes this mistake could receive a cease and desist letter from another company’s attorney. The letter tells them that they’re violating the other company’s trademark registration and they have to stop using the name they’ve been building for years.
Why would this happen?
The answer is simple. A business name, referred to as a trade name, is not the same as a trademark, and both need to be protected. Let’s take a closer look.
WHAT IS A TRADE NAME?
Your business name, which you registered in your state to begin operating and appears on your official corporate documents, bank accounts, tax return, and so on, is your business’s legal name.
Trade names are approved and regulated at the state level. For example, I live in and operate my business from Pennsylvania. In my state, a trade name must be deemed a valid business name by the Department of State Bureau of Corporations and Charitable Organizations before a business can be registered under that name.
If your business name is approved and registered in your state, you have the exclusive right to use that name as your business’ legal trade name (not a trademark), but that exclusive right only applies in the state where your name is registered.
WHAT IS A TRADEMARK?
A trademark represents your business’ product or service in the marketplace and serves as an indicator of origin to consumers.
Consumers expect products and services bearing the same or a similar trademark to come from a common source. Trademarks are intended to eliminate confusion as to the source of a product or service.
For example, if you purchase a toothbrush with the CREST name or logo on it, you expect that the product is from the same source and will have the same levels of quality and price as other products that you’ve purchased which bear the CREST trademarks, such as CREST toothpaste. The trademark is CREST, which was registered with the U.S. Patent & Trademark Office by Proctor & Gamble (the trade name).
A trade name has acceptance in the marketplace upon registration, but a trademark doesn’t have marketplace value, validity, or acceptance until the mark is actually used in commerce. By registering a trademark at the federal level, the mark grants you the right to enforce and protect it nationwide.
Keep in mind, a trade name and a trademark could match. Nike, Inc. is a trade name but Nike is a trademark. In other words, Nike, Inc. is the legal business name of the company that produces products which bear the Nike trademarks, including the Nike brand name, logo, and “Just Do It” slogan.
Read More >> http://kelleykeller.com/confusing-trademarks-and-trade-names-can-cost-your-business-big-bucks/
One of the biggest mistakes that a business can make is failing to secure the trademark for its business name.
Many businesses register their business names in their states so they can start operating, and they think that’s all they have to do. Fast forward a few years and a business that makes this mistake could receive a cease and desist letter from another company’s attorney. The letter tells them that they’re violating the other company’s trademark registration and they have to stop using the name they’ve been building for years.
Why would this happen?
The answer is simple. A business name, referred to as a trade name, is not the same as a trademark, and both need to be protected. Let’s take a closer look.
WHAT IS A TRADE NAME?
Your business name, which you registered in your state to begin operating and appears on your official corporate documents, bank accounts, tax return, and so on, is your business’s legal name.
Trade names are approved and regulated at the state level. For example, I live in and operate my business from Pennsylvania. In my state, a trade name must be deemed a valid business name by the Department of State Bureau of Corporations and Charitable Organizations before a business can be registered under that name.
If your business name is approved and registered in your state, you have the exclusive right to use that name as your business’ legal trade name (not a trademark), but that exclusive right only applies in the state where your name is registered.
WHAT IS A TRADEMARK?
A trademark represents your business’ product or service in the marketplace and serves as an indicator of origin to consumers.
Consumers expect products and services bearing the same or a similar trademark to come from a common source. Trademarks are intended to eliminate confusion as to the source of a product or service.
For example, if you purchase a toothbrush with the CREST name or logo on it, you expect that the product is from the same source and will have the same levels of quality and price as other products that you’ve purchased which bear the CREST trademarks, such as CREST toothpaste. The trademark is CREST, which was registered with the U.S. Patent & Trademark Office by Proctor & Gamble (the trade name).
A trade name has acceptance in the marketplace upon registration, but a trademark doesn’t have marketplace value, validity, or acceptance until the mark is actually used in commerce. By registering a trademark at the federal level, the mark grants you the right to enforce and protect it nationwide.
Keep in mind, a trade name and a trademark could match. Nike, Inc. is a trade name but Nike is a trademark. In other words, Nike, Inc. is the legal business name of the company that produces products which bear the Nike trademarks, including the Nike brand name, logo, and “Just Do It” slogan.
Read More >> http://kelleykeller.com/confusing-trademarks-and-trade-names-can-cost-your-business-big-bucks/
Wednesday, June 27, 2018
Quit Worrying About Competitors, And Start Making Money
By: Michael J Foycik Jr.
February 20, 2014
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Stop worrying! Many inventors and businesses become paralyzed by worry when trying to advance a new idea.
What if competitors import cheap knock-offs? What if they steal your idea? What if it isn't protectable as a patent?
Here are some factors to put your mind at ease.
First, competitors won't spend money to copy a product unless they are sure it will make money. For anything that is new, how can they know? Probably only by seeing if you make money. That gives you a big head start. If your product is good, you can saturate the market before the first knock-off arrives. Also, this gives you time to establish your trademark or trade name, so that people asking for it by name will always get your product.
Second, until your idea is made public, it can be protected as a trade secret, assuming you have marked everything confidential and avoided any non-confidential disclosures. Again, this provides a real head start, with the benefits noted above.
Third, suppose your idea is so good that competitors want to immediately steal/misappropriate your idea. That can be a very good problem to have! Why? Because it means that your rights could have great value to a legitimate company, one that has power to enforce those rights for you against infringers. You see it in the news all the time: big companies investing in small companies, buying a percentage of the ownership. Big companies know how to protect their investments, and their rights.
Fourth, your US patent application gives you one year's worth of priority, for filing of PCT or foreign applications. Can't afford foreign patent applications? See the above paragraph; if your invention is good and/or successful, it can attract investment by those with enough money to pay to get foreign rights.
Read More >> http://internationalpatentservice.com/Quit-Worrying-About-Competitors-And-Start-Making-Money.html
February 20, 2014
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Stop worrying! Many inventors and businesses become paralyzed by worry when trying to advance a new idea.
What if competitors import cheap knock-offs? What if they steal your idea? What if it isn't protectable as a patent?
Here are some factors to put your mind at ease.
First, competitors won't spend money to copy a product unless they are sure it will make money. For anything that is new, how can they know? Probably only by seeing if you make money. That gives you a big head start. If your product is good, you can saturate the market before the first knock-off arrives. Also, this gives you time to establish your trademark or trade name, so that people asking for it by name will always get your product.
Second, until your idea is made public, it can be protected as a trade secret, assuming you have marked everything confidential and avoided any non-confidential disclosures. Again, this provides a real head start, with the benefits noted above.
Third, suppose your idea is so good that competitors want to immediately steal/misappropriate your idea. That can be a very good problem to have! Why? Because it means that your rights could have great value to a legitimate company, one that has power to enforce those rights for you against infringers. You see it in the news all the time: big companies investing in small companies, buying a percentage of the ownership. Big companies know how to protect their investments, and their rights.
Fourth, your US patent application gives you one year's worth of priority, for filing of PCT or foreign applications. Can't afford foreign patent applications? See the above paragraph; if your invention is good and/or successful, it can attract investment by those with enough money to pay to get foreign rights.
Read More >> http://internationalpatentservice.com/Quit-Worrying-About-Competitors-And-Start-Making-Money.html
Tuesday, June 26, 2018
Tech Giants Are Offering Startups Free Patents in a Bid to Foil Lawsuits
By: Susan Decker
Red Hat Inc. and Lenovo Group Ltd. are giving away free patents to any startup that joins a group of more than 200 companies devoted to keeping its members and their patents out of court.
It’s a carrot to entice startup companies to join the LOT Network, a non-profit created by Alphabet Inc.’s Google and Canon Inc. four years ago to combat litigation by patent assertion companies, known derisively as “trolls,” that don’t make any products but seek royalties by challenging patents. By joining LOT, a company agrees that if they sell patents to such firms, all group members will have a free license to them.
“You’re binding yourself to the mast and saying ‘I’m not going to give in to the siren song of trolls,”’ said Ira Blumberg, vice president of intellectual property and litigation for Lenovo.
The goal is to avoid or at least limit a repeat of what happened when the dot.com bubble burst nearly two decades ago. That left firms in bankruptcy court with little of value other than their patents, which were sucked up by speculators in hopes they would be tickets to big bucks. It contributed to a 47 percent increase in the number of patent complaints filed in the U.S. from 2000 to 2010.
While the number of suits is declining, it remains an issue for companies of all sizes, said Patrick McBride, senior director of patents for the Raleigh, North Carolina-based software company Red Hat.
Read More >> https://www.bloomberg.com/news/articles/2018-05-10/tech-giants-offer-startups-free-patents-in-bid-to-foil-lawsuits
Red Hat Inc. and Lenovo Group Ltd. are giving away free patents to any startup that joins a group of more than 200 companies devoted to keeping its members and their patents out of court.
It’s a carrot to entice startup companies to join the LOT Network, a non-profit created by Alphabet Inc.’s Google and Canon Inc. four years ago to combat litigation by patent assertion companies, known derisively as “trolls,” that don’t make any products but seek royalties by challenging patents. By joining LOT, a company agrees that if they sell patents to such firms, all group members will have a free license to them.
“You’re binding yourself to the mast and saying ‘I’m not going to give in to the siren song of trolls,”’ said Ira Blumberg, vice president of intellectual property and litigation for Lenovo.
The goal is to avoid or at least limit a repeat of what happened when the dot.com bubble burst nearly two decades ago. That left firms in bankruptcy court with little of value other than their patents, which were sucked up by speculators in hopes they would be tickets to big bucks. It contributed to a 47 percent increase in the number of patent complaints filed in the U.S. from 2000 to 2010.
While the number of suits is declining, it remains an issue for companies of all sizes, said Patrick McBride, senior director of patents for the Raleigh, North Carolina-based software company Red Hat.
Read More >> https://www.bloomberg.com/news/articles/2018-05-10/tech-giants-offer-startups-free-patents-in-bid-to-foil-lawsuits
Monday, June 25, 2018
Surprisingly Good Ways Of Stopping Foreign Imports Using Your US Patent
By: Michael J Foycik Jr.
January 9, 2014
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
The number one concern of many companies with new products is how to stop foreign copies from entering the US. The good news, this is easy for US Patent owners, and there are two ways this can operate.
The most surprising way is using the US Customs Service to block suspected infringers. To do this, you will need an order from the Customs Service. Once you have that, Customs does the real work. The catch here is, the US company will have to prove it makes the goods itself in the US. So, two foreign companies cannot easily avail themselves of this privilege.
Customs can confiscate infringing goods, and may even turn over those goods to the US patent owner. If specific infringers can be pointed out to Customs, which is often the case, those infringers can be targeted by Customs.
The second way is more obvious: using the US Patent rights. There is an easy way to do this, and a harder way. The easier way is sending a copy of the US Patent to retailers and other companies selling the infringing product; most will quickly deal with the situation, usually by simply removing the infringing products. After all, retailers do not want trouble, and can avoid it by fleeing from patent disputes. The author has seen this several times, and it is surprisingly effective.
The aforementioned harder way is the filing of a patent infringement suit. This can be cost effective, assuming the infringer offers a quick settlement. An infringer might do this to avoid the legal expense and legal risk of defending. However, if the health of an infringing company depends on that infringing product, a quick settlement may still occur but there is also a chance of a big legal fight.
Read More >> http://internationalpatentservice.com/Surprisingly-Good-Ways-Of-Stopping-Foreign-Imports-Using-Your-US-Patent.html
January 9, 2014
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
The number one concern of many companies with new products is how to stop foreign copies from entering the US. The good news, this is easy for US Patent owners, and there are two ways this can operate.
The most surprising way is using the US Customs Service to block suspected infringers. To do this, you will need an order from the Customs Service. Once you have that, Customs does the real work. The catch here is, the US company will have to prove it makes the goods itself in the US. So, two foreign companies cannot easily avail themselves of this privilege.
Customs can confiscate infringing goods, and may even turn over those goods to the US patent owner. If specific infringers can be pointed out to Customs, which is often the case, those infringers can be targeted by Customs.
The second way is more obvious: using the US Patent rights. There is an easy way to do this, and a harder way. The easier way is sending a copy of the US Patent to retailers and other companies selling the infringing product; most will quickly deal with the situation, usually by simply removing the infringing products. After all, retailers do not want trouble, and can avoid it by fleeing from patent disputes. The author has seen this several times, and it is surprisingly effective.
The aforementioned harder way is the filing of a patent infringement suit. This can be cost effective, assuming the infringer offers a quick settlement. An infringer might do this to avoid the legal expense and legal risk of defending. However, if the health of an infringing company depends on that infringing product, a quick settlement may still occur but there is also a chance of a big legal fight.
Read More >> http://internationalpatentservice.com/Surprisingly-Good-Ways-Of-Stopping-Foreign-Imports-Using-Your-US-Patent.html
Sunday, June 24, 2018
The Intellectual Property Review - Edition 7
By: Wim Maas and Maarten Rijks
I FORMS OF INTELLECTUAL PROPERTY PROTECTION
i Overview
In terms of intellectual property law and litigation, the Netherlands ranks among the most important jurisdictions in Europe. IP cases in the Netherlands are handled by several courts that can boast extensive experience in that respect. The Hague Court, in particular, has exclusive jurisdiction in patent cases and other specific types of IP litigation, employing specialist judges to assess such cases. Rulings handed down in the Netherlands consequently carry significant weight in the rest of Europe as well.
In terms of entering the European market, the Netherlands is an essential starting point. Enforcing IP rights in the Netherlands, therefore, can prove instrumental in the protection against infringement in Europe. IP litigation in the Netherlands is efficient in terms of both time and costs; hence it is a favoured venue for IP litigation. IP proceedings in the Netherlands primarily concern patents, trademarks, designs and copyright. These will be discussed in greater detail, below.
ii Patents
There are several ways to obtain patent protection in the Netherlands, of which filing a patent application with the Dutch Patent Office is the first. Second, the protection of patents in the Netherlands can ensue from a European application before the European Patent Office (EPO). In addition, the Netherlands is a member of the Patent Cooperation Treaty (PCT). Whether it be via a national application or an international treaty (e.g., European Patent Convention (EPC), PCT), a patent that is issued for the region of the Netherlands will be governed by the Dutch Patents Act (DPA).
National Dutch patent application
National Dutch patents are granted through a patent application procedure before the Dutch Patent Office. Several requirements must be met before patent protection is granted: the invention must be novel, must involve an inventive step and must be capable of industrial application.
The term ‘unexamined’ is often used when referring to Dutch national patents. Even though patent application procedures always involve a search into the prior art (national or international, depending on the choice of the applicant), the actual grant of the Dutch national patent will not be affected by the results of such a search. Hence, the results of the search into documents that destroy novelty or are prejudicial to inventive step never prevent applications for Dutch national patents from being granted. The underlying idea is that this would allow smaller companies to obtain patent protection as it limits prosecution costs. Subsequent enforcement proceedings will then address the issue of the patent’s validity.
European patents
A European patent will be valid in the Netherlands once the corresponding patent application that designates the Netherlands is granted. The rules of the DPA will govern the Dutch part of that European patent. The DPA distinguishes, in some respects, between Dutch patents granted via a European application and those granted following a Dutch national application. The distinction in their respective treatments relates primarily to the unexamined nature of Dutch national patents. However, the remedies are the same for both types of patents.
Most of the patents valid in the Netherlands are issued following application procedures with either the EPC or the PCT.
Read More >> https://thelawreviews.co.uk/edition/the-intellectual-property-review-edition-7/1170179/netherlands
I FORMS OF INTELLECTUAL PROPERTY PROTECTION
i Overview
In terms of intellectual property law and litigation, the Netherlands ranks among the most important jurisdictions in Europe. IP cases in the Netherlands are handled by several courts that can boast extensive experience in that respect. The Hague Court, in particular, has exclusive jurisdiction in patent cases and other specific types of IP litigation, employing specialist judges to assess such cases. Rulings handed down in the Netherlands consequently carry significant weight in the rest of Europe as well.
In terms of entering the European market, the Netherlands is an essential starting point. Enforcing IP rights in the Netherlands, therefore, can prove instrumental in the protection against infringement in Europe. IP litigation in the Netherlands is efficient in terms of both time and costs; hence it is a favoured venue for IP litigation. IP proceedings in the Netherlands primarily concern patents, trademarks, designs and copyright. These will be discussed in greater detail, below.
ii Patents
There are several ways to obtain patent protection in the Netherlands, of which filing a patent application with the Dutch Patent Office is the first. Second, the protection of patents in the Netherlands can ensue from a European application before the European Patent Office (EPO). In addition, the Netherlands is a member of the Patent Cooperation Treaty (PCT). Whether it be via a national application or an international treaty (e.g., European Patent Convention (EPC), PCT), a patent that is issued for the region of the Netherlands will be governed by the Dutch Patents Act (DPA).
National Dutch patent application
National Dutch patents are granted through a patent application procedure before the Dutch Patent Office. Several requirements must be met before patent protection is granted: the invention must be novel, must involve an inventive step and must be capable of industrial application.
The term ‘unexamined’ is often used when referring to Dutch national patents. Even though patent application procedures always involve a search into the prior art (national or international, depending on the choice of the applicant), the actual grant of the Dutch national patent will not be affected by the results of such a search. Hence, the results of the search into documents that destroy novelty or are prejudicial to inventive step never prevent applications for Dutch national patents from being granted. The underlying idea is that this would allow smaller companies to obtain patent protection as it limits prosecution costs. Subsequent enforcement proceedings will then address the issue of the patent’s validity.
European patents
A European patent will be valid in the Netherlands once the corresponding patent application that designates the Netherlands is granted. The rules of the DPA will govern the Dutch part of that European patent. The DPA distinguishes, in some respects, between Dutch patents granted via a European application and those granted following a Dutch national application. The distinction in their respective treatments relates primarily to the unexamined nature of Dutch national patents. However, the remedies are the same for both types of patents.
Most of the patents valid in the Netherlands are issued following application procedures with either the EPC or the PCT.
Read More >> https://thelawreviews.co.uk/edition/the-intellectual-property-review-edition-7/1170179/netherlands
Saturday, June 23, 2018
Right Or Wrong Patent Attorney - Why Your Invention Matters
By: Michael J Foycik Jr.
January 3, 2014
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Is there a good way to tell when you have the wrong patent attorney? There are factors worth considering.
Does your patent attorney not seem to listen? Or, not seem to care about your objections and concerns? Does your patent attorney make themselves available to answer questions? These are red flags, especially if things are not going well otherwise.
Does the patent attorney's first draft make sense for your invention? Most inventors rightfully expect to see writing that is as good as or better than their own. Do you have to explain things several times? Are you uncomfortable with how the claims sound? These too can be red flags, when other things are not going well either.
Has your patent attorney filed continuation after continuation without making progress? Or, have they filed RCE (“Request for Continuing Examination”) after RCE without making progress? Or, have they filed about Appeal after Appeal, without success? These could be red flags too.
This is not to say “good” or “bad” - rather it is to say “right skills for the right job.” Even a very good and reputable patent attorney may sometimes find themselves out of their element, and look bad as a result. That shouldn't matter though – good results should matter. A different attorney, better suited for a particular effort, may well get different results.
While the above-noted issues can be bad signs, they might not tell the whole story. Even though the above situations exist, can that patent attorney really still be the “right” one for that job? Possibly so – if it is just a case of simple bad luck, pursuit of a weak invention, sure. Or, it could be part of a strategy to maintain patent pending status for strategic reasons despite a weak invention.
One of the biggest problems in the patent field is that the law of chemical patent claim practice is completely different from the law of mechanical/electrical patent claim practice. Claim drafting can be drastically different, in my experience.
Read More >> http://internationalpatentservice.com/Right-Or-Wrong-Patent-Attorney-Why-Your-Invention-Matters.html
January 3, 2014
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Is there a good way to tell when you have the wrong patent attorney? There are factors worth considering.
Does your patent attorney not seem to listen? Or, not seem to care about your objections and concerns? Does your patent attorney make themselves available to answer questions? These are red flags, especially if things are not going well otherwise.
Does the patent attorney's first draft make sense for your invention? Most inventors rightfully expect to see writing that is as good as or better than their own. Do you have to explain things several times? Are you uncomfortable with how the claims sound? These too can be red flags, when other things are not going well either.
Has your patent attorney filed continuation after continuation without making progress? Or, have they filed RCE (“Request for Continuing Examination”) after RCE without making progress? Or, have they filed about Appeal after Appeal, without success? These could be red flags too.
This is not to say “good” or “bad” - rather it is to say “right skills for the right job.” Even a very good and reputable patent attorney may sometimes find themselves out of their element, and look bad as a result. That shouldn't matter though – good results should matter. A different attorney, better suited for a particular effort, may well get different results.
While the above-noted issues can be bad signs, they might not tell the whole story. Even though the above situations exist, can that patent attorney really still be the “right” one for that job? Possibly so – if it is just a case of simple bad luck, pursuit of a weak invention, sure. Or, it could be part of a strategy to maintain patent pending status for strategic reasons despite a weak invention.
One of the biggest problems in the patent field is that the law of chemical patent claim practice is completely different from the law of mechanical/electrical patent claim practice. Claim drafting can be drastically different, in my experience.
Read More >> http://internationalpatentservice.com/Right-Or-Wrong-Patent-Attorney-Why-Your-Invention-Matters.html
Thursday, June 21, 2018
TRADEMARK, COPYRIGHT AND PATENT: HOW THEY DIFFER?
By: IPzen Team
Trademarks, copyrights and patents are three different legal instruments belonging to the umbrella term of intellectual property. Nevertheless, they differ significantly one from the other. Indeed, trademarks protect the source identifications of goods and services while copyrights protect original creative expressions. Patents protect new and useful inventions. They differ primarily in their nature, in their scope and in their purposes. Moreover, the way to obtain them as well as their duration are distinct. Concerning trademarks, they can take the form of either a brand name, a logo or a package design, or alternatively a combination of the three elements. Trademarks are used by manufacturers and merchants to distinguish their goods and/or services from similar ones and enable them to exclude others from using a confusingly similar trademark on the same or on closely related goods or services, in the same geographical area. Therefore, the primary function of trademarks is that to reduce consumer’s search costs on the market place. For this reason, trademarks, in order to be eligible for registration, cannot not merely describe the applicant’s goods or services. In other words, the distinctiveness of the trademark is a necessary criterion for registration. Registration -even though it is not mandatory to ensure the protection of a trademark as by its simple use the manufacturer or the merchant acquires trademark rights- is highly advisable even before use. The advantages of registration consist mainly on the nationwide protection, while in the case of trademark rights acquired through use protection is limited to the geographic areas of use; on the shifting of the burden of proof to anyone challenging those rights and on the limitation of the grounds for attacking the registration from the fifth year. Concerning the duration, trademarks last indefinitely as long as they are neither abandoned nor become a generic term, and as long as they are renewed every ten years.
Copyrights; differ from trademarks. They protect original literary and artistic expressions which can take the form of books, paintings, music, records, plays, movies or software. Indeed, the required criterion is that of originality, i.e. neither copied from another source nor so elementary that it lacks sufficient creativity. Copyright grants to the creator the exclusive right to reproduce the work, to distribute the reproductions, to display and perform the work publicly, to make derivative works and to authorise others to do so. No registration is needed in order to acquire these rights as copyright occurs automatically upon fixation of the work in a tangible form. Since copyright aims at encouraging and rewarding creative expressions, its duration is limited in time. More precisely, for works created after January 1st, 1978 (included) the duration of a copyright is 70 years after the death of the author. In the particular case of “work for hire”, however, the duration is either 95 years from publication or 120 years from creation, whichever is shorter.
Read More >> http://ipzen.com/trademark-copyright-patent-differ/
Trademarks, copyrights and patents are three different legal instruments belonging to the umbrella term of intellectual property. Nevertheless, they differ significantly one from the other. Indeed, trademarks protect the source identifications of goods and services while copyrights protect original creative expressions. Patents protect new and useful inventions. They differ primarily in their nature, in their scope and in their purposes. Moreover, the way to obtain them as well as their duration are distinct. Concerning trademarks, they can take the form of either a brand name, a logo or a package design, or alternatively a combination of the three elements. Trademarks are used by manufacturers and merchants to distinguish their goods and/or services from similar ones and enable them to exclude others from using a confusingly similar trademark on the same or on closely related goods or services, in the same geographical area. Therefore, the primary function of trademarks is that to reduce consumer’s search costs on the market place. For this reason, trademarks, in order to be eligible for registration, cannot not merely describe the applicant’s goods or services. In other words, the distinctiveness of the trademark is a necessary criterion for registration. Registration -even though it is not mandatory to ensure the protection of a trademark as by its simple use the manufacturer or the merchant acquires trademark rights- is highly advisable even before use. The advantages of registration consist mainly on the nationwide protection, while in the case of trademark rights acquired through use protection is limited to the geographic areas of use; on the shifting of the burden of proof to anyone challenging those rights and on the limitation of the grounds for attacking the registration from the fifth year. Concerning the duration, trademarks last indefinitely as long as they are neither abandoned nor become a generic term, and as long as they are renewed every ten years.
Copyrights; differ from trademarks. They protect original literary and artistic expressions which can take the form of books, paintings, music, records, plays, movies or software. Indeed, the required criterion is that of originality, i.e. neither copied from another source nor so elementary that it lacks sufficient creativity. Copyright grants to the creator the exclusive right to reproduce the work, to distribute the reproductions, to display and perform the work publicly, to make derivative works and to authorise others to do so. No registration is needed in order to acquire these rights as copyright occurs automatically upon fixation of the work in a tangible form. Since copyright aims at encouraging and rewarding creative expressions, its duration is limited in time. More precisely, for works created after January 1st, 1978 (included) the duration of a copyright is 70 years after the death of the author. In the particular case of “work for hire”, however, the duration is either 95 years from publication or 120 years from creation, whichever is shorter.
Read More >> http://ipzen.com/trademark-copyright-patent-differ/
Wednesday, June 20, 2018
Tips for Highly Effective Invention Promoting and Marketing for Inventors
By: Michael J Foycik Jr.
December 20, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
If you're an inventor, then you have seen ads for invention marketing companies. Here are a few tips for a highly effective strategy that is also cost-effective.
Tip 1: Do the patent part separately from the marketing part. The patent costs can be quite affordable, especially is you shop around. You are more likely to get the personal service and advice you really need, and that can lead to a better patent product.
Tip 2: Focus on companies most likely to need your invention. Avoid broadcast invention submissions to large companies, because that can be costly in time and effort. There will be too many corporate forms for the inventor to sign before those companies will even accept the submission, and some of those forms do not protect the inventor's rights. Large companies like to buy rights to products that are already on the shelves somewhere, to make sure no one looks bad when buying the invention rights.
Tip 3: Marketing isn't just to companies – it is also to investors. Really, isn't that what selling an invention is all about? A company buying an invention is very much like an investor. Let investors know about your invention; they have money and often also have expertise and contacts. Investors may well wish to use their contacts and expertise to help you succeed – they are betting on you.
Read More >> http://internationalpatentservice.com/Tips-for-Highly-Effective-Invention-Promoting-and-Marketing-for-Inventors.html
December 20, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
If you're an inventor, then you have seen ads for invention marketing companies. Here are a few tips for a highly effective strategy that is also cost-effective.
Tip 1: Do the patent part separately from the marketing part. The patent costs can be quite affordable, especially is you shop around. You are more likely to get the personal service and advice you really need, and that can lead to a better patent product.
Tip 2: Focus on companies most likely to need your invention. Avoid broadcast invention submissions to large companies, because that can be costly in time and effort. There will be too many corporate forms for the inventor to sign before those companies will even accept the submission, and some of those forms do not protect the inventor's rights. Large companies like to buy rights to products that are already on the shelves somewhere, to make sure no one looks bad when buying the invention rights.
Tip 3: Marketing isn't just to companies – it is also to investors. Really, isn't that what selling an invention is all about? A company buying an invention is very much like an investor. Let investors know about your invention; they have money and often also have expertise and contacts. Investors may well wish to use their contacts and expertise to help you succeed – they are betting on you.
Read More >> http://internationalpatentservice.com/Tips-for-Highly-Effective-Invention-Promoting-and-Marketing-for-Inventors.html
Tuesday, June 19, 2018
What is Intellectual Property?
By: Gene Quinn
Generally speaking, “intellectual property” is probably best thought of (at least form a conceptual standpoint) as creations of the mind that are given the legal rights often associated with real or personal property. The rights that are obtained by the creator are a function of statutory law (i.e., law created by the legislature). These statutes may be federal or state laws, or in some instance both federal and state law govern various aspect of a single type of intellectual property.
The term intellectual property itself is now commonly used to refer to the bundle of rights conferred by each of the following fields of law: (1) patent law; (2) copyright law; (3) trade secret law; (4) the right of publicity; and (5) trademark and unfair competition law. Some people confuse these areas of intellectual property law, and although there may be some similarities among these kinds of intellectual property protection, they are different and serve different purposes.
What is a Patent?
Whenever you think patent you should think invention. Thus, a patent is the grant of a property right to an inventor. Patents only exist once they have been granted, and in the United States patents are issued by the U.S. Patent and Trademark Office, which is a non-commercial federal entity and one of 14 bureaus in the Department of Commerce. Before going any further it is worth pointing out that ideas are not patentable, although every invention starts out with an idea. Still, in order to be in a position where you can obtain a patent your idea must have matured into an invention. See Moving from Idea to Patent.
There are three very different kinds of patent in the United States: (1) a utility patent, which covers the functional aspects of products and processes; (2) a design patent, which covers the ornamental design of useful objects; and (3) a plant patent, which covers a new variety of living plant.
Each type of patent confers “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention into the United States. It is important to note, however, that patents do not protect ideas, but rather protect only tangible or identifiable structures and methods.
Typically when someone refers generically to “a patent” they are talking about a utility patent. In order to obtain a utility patent it is necessary to file a non-provisional patent application and go through an examination process where a patent examiner will review the application to determine what, if any, claims can be allowed. Many are probably also familiar with a provisional patent application, which can be used to establish priority and give the applicant “patent pending” status. A provisional patent application will never mature into a patent though. It is always necessary to file a non provisional patent application to obtain a patent.
Patent claims define the exclusive rights granted by the government. If it is not in a patent claim you do not have rights associated with it. If the claims are too detailed they can be easy to get around and not commercially useful. There is a lot that goes into any patent application, both from a technical and strategic standpoint.
Generally speaking the patent term for utility patents is now 20 years from the date on which the application for the patent was filed in the United States. Under some circumstances it is possible to obtain a 5 year extension to the patent grant, but this is rare, unless your invention relates to a pharmaceutical composition. It is also possible to obtain extension of patent term due to USPTO delay. Design patents, unlike utility patents, have a 14 year term from date of issuance. Historically, design patents were quite weak, but as the result of an important decision from the United States Court of Appeals for the Federal Circuit in the Fall of 2008, design patents are now much stronger and should be considered an important part of a patent portfolio when your invention relates to a product.
Read More >> http://www.ipwatchdog.com/2014/07/19/what-is-intellectual-property/id=47109/
Generally speaking, “intellectual property” is probably best thought of (at least form a conceptual standpoint) as creations of the mind that are given the legal rights often associated with real or personal property. The rights that are obtained by the creator are a function of statutory law (i.e., law created by the legislature). These statutes may be federal or state laws, or in some instance both federal and state law govern various aspect of a single type of intellectual property.
The term intellectual property itself is now commonly used to refer to the bundle of rights conferred by each of the following fields of law: (1) patent law; (2) copyright law; (3) trade secret law; (4) the right of publicity; and (5) trademark and unfair competition law. Some people confuse these areas of intellectual property law, and although there may be some similarities among these kinds of intellectual property protection, they are different and serve different purposes.
What is a Patent?
Whenever you think patent you should think invention. Thus, a patent is the grant of a property right to an inventor. Patents only exist once they have been granted, and in the United States patents are issued by the U.S. Patent and Trademark Office, which is a non-commercial federal entity and one of 14 bureaus in the Department of Commerce. Before going any further it is worth pointing out that ideas are not patentable, although every invention starts out with an idea. Still, in order to be in a position where you can obtain a patent your idea must have matured into an invention. See Moving from Idea to Patent.
There are three very different kinds of patent in the United States: (1) a utility patent, which covers the functional aspects of products and processes; (2) a design patent, which covers the ornamental design of useful objects; and (3) a plant patent, which covers a new variety of living plant.
Each type of patent confers “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention into the United States. It is important to note, however, that patents do not protect ideas, but rather protect only tangible or identifiable structures and methods.
Typically when someone refers generically to “a patent” they are talking about a utility patent. In order to obtain a utility patent it is necessary to file a non-provisional patent application and go through an examination process where a patent examiner will review the application to determine what, if any, claims can be allowed. Many are probably also familiar with a provisional patent application, which can be used to establish priority and give the applicant “patent pending” status. A provisional patent application will never mature into a patent though. It is always necessary to file a non provisional patent application to obtain a patent.
Patent claims define the exclusive rights granted by the government. If it is not in a patent claim you do not have rights associated with it. If the claims are too detailed they can be easy to get around and not commercially useful. There is a lot that goes into any patent application, both from a technical and strategic standpoint.
Generally speaking the patent term for utility patents is now 20 years from the date on which the application for the patent was filed in the United States. Under some circumstances it is possible to obtain a 5 year extension to the patent grant, but this is rare, unless your invention relates to a pharmaceutical composition. It is also possible to obtain extension of patent term due to USPTO delay. Design patents, unlike utility patents, have a 14 year term from date of issuance. Historically, design patents were quite weak, but as the result of an important decision from the United States Court of Appeals for the Federal Circuit in the Fall of 2008, design patents are now much stronger and should be considered an important part of a patent portfolio when your invention relates to a product.
Read More >> http://www.ipwatchdog.com/2014/07/19/what-is-intellectual-property/id=47109/
Sunday, June 17, 2018
Responding to a Rejection in a Patent Application
By: Michael J Foycik Jr.
November 15, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Rejected? Want to know more about what to do? Read on!
When a utility patent application is filed, examination on the merits follows in due course. The examination process involves a search of the prior art, and a decision by the patent examiner on allowability. The first such decision is supplied to the applicant by an official first Office Action on the merits. The great majority of first Office Actions involve a rejection of some or all of the claims.
But, this is not the end of the process, but the beginning! A Response should be filed.
What should go into the Response? The applicant, along with their patent attorney's help, should define what is different over the applied prior art reference(s). Then, suitable claim amendments should be made to clarify and/or emphasize those differences.
And, suitable remarks should be provided in the Response which explain the differences over the applied prior art reference. The remarks ideally will also point out how the amendments to the claims clarify and emphasize those differences.
Sometimes, there are other types of rejections and objections. These may be based on claim format, claim contents, objections to drawings or text, and so on. These can be handled in a similar way to that noted above.
Read More >> http://internationalpatentservice.com/Responding-to-a-Rejection-in-a-Patent-Application.html
November 15, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Rejected? Want to know more about what to do? Read on!
When a utility patent application is filed, examination on the merits follows in due course. The examination process involves a search of the prior art, and a decision by the patent examiner on allowability. The first such decision is supplied to the applicant by an official first Office Action on the merits. The great majority of first Office Actions involve a rejection of some or all of the claims.
But, this is not the end of the process, but the beginning! A Response should be filed.
What should go into the Response? The applicant, along with their patent attorney's help, should define what is different over the applied prior art reference(s). Then, suitable claim amendments should be made to clarify and/or emphasize those differences.
And, suitable remarks should be provided in the Response which explain the differences over the applied prior art reference. The remarks ideally will also point out how the amendments to the claims clarify and emphasize those differences.
Sometimes, there are other types of rejections and objections. These may be based on claim format, claim contents, objections to drawings or text, and so on. These can be handled in a similar way to that noted above.
Read More >> http://internationalpatentservice.com/Responding-to-a-Rejection-in-a-Patent-Application.html
Saturday, June 16, 2018
Intellectual Property Protection for Small Businesses
By: HG.org
Many businesses are borne out of an idea. This idea may establish the foundation of a business and needs to be protected. As the business flourishes, there may be other forms of intellectual property that should be protected to provide for its future. Some ways to help you protect the intellectual property of your small business, including the following:
Create a Brand
One of the first things that you need to establish the legitimacy of your business is to create a brand. To have a protected brand image, you must have a unique and memorable name or symbol that embodies the idea of your business. This may contain a brand name that has a design or logo embedded in it. You have to select a brand name or logo that is unique in your industry. You can register your trademark to prevent it and to be able to have the right to stop others from using it. This step can also help prevent you from infringing on an existing trademark when you search for your own. In an infringement case, the concern is whether there is the potential for brand confusion.
Protect Your Expression
You may create original information as part of running your business. Copyrights protect published works, including books, advertisements and magazine articles. However, it also applies to content on your website, training manuals, photographs and computer software. Once you publish information and make it available to others, you receive an automatic copyright that can last beyond the life of the author. Despite automatic copyright, you may still wish to include copyright notice with your work. If you hire creative people for your business, such as a software developer, photographer or copywrite editor, these creative types will have the automatic ownership in the property that is developed unless there is a contract with the business owner that states otherwise.
Protect Source-Identifying Marks
In addition to protecting your overall brand, it is also important to protect specific marks. If you have a unique design on a product, you can trademark distinctive marketing words, phrases or elements that are identified with your business. These marks should be registered with the federal patent office. You can also register a trade dress if your products or services have a distinctive look and feel. A trademark can arise immediately in a local area where it is commonly used. However, it must be registered to have national protection.
In addition to registering these marks, it is important to protect them. To be able to enforce a trademark, the courts will look at how diligent a company tried to protect their marks.
Protect Your Inventions
If you have invented a product or process, it is vital that you protect your invention. A patent application is the first step to protecting your patent. An intellectual property lawyer can help with this process.
Protect Trade Secrets
Another way to protect your business is to identify trade secrets and to insulate them from people in the business. Only those people who actually need access to client lists, special formulas, secret recipes and similar confidential information should be permitted to have this access. Additionally, these individuals may be required to sign confidentiality agreements that specify certain damages if this information is stolen or misused. This information must actually be secret in order to protect it as a trade secret.
Establish Specific Duties to Protect Your Business
Contracts can provide strong support for intellectual property, even if the intellectual property is not otherwise protected through registration of a patent, trademark or copyright. Contracts define specific parties and their specific duties and obligations regarding this property. The contract may specify a timeframe during which certain information cannot be divulged. Additionally, they may contain provisions regarding liability pertaining to the use or misuse of intellectual property. They may provide for specific duties and penalties if they are not carried out. There may be limited liability or warranties. Contracts only protect the parties who are named in the contract, so additional protections should still be used.
Read More >> https://www.hg.org/article.asp?id=47364
Many businesses are borne out of an idea. This idea may establish the foundation of a business and needs to be protected. As the business flourishes, there may be other forms of intellectual property that should be protected to provide for its future. Some ways to help you protect the intellectual property of your small business, including the following:
Create a Brand
One of the first things that you need to establish the legitimacy of your business is to create a brand. To have a protected brand image, you must have a unique and memorable name or symbol that embodies the idea of your business. This may contain a brand name that has a design or logo embedded in it. You have to select a brand name or logo that is unique in your industry. You can register your trademark to prevent it and to be able to have the right to stop others from using it. This step can also help prevent you from infringing on an existing trademark when you search for your own. In an infringement case, the concern is whether there is the potential for brand confusion.
Protect Your Expression
You may create original information as part of running your business. Copyrights protect published works, including books, advertisements and magazine articles. However, it also applies to content on your website, training manuals, photographs and computer software. Once you publish information and make it available to others, you receive an automatic copyright that can last beyond the life of the author. Despite automatic copyright, you may still wish to include copyright notice with your work. If you hire creative people for your business, such as a software developer, photographer or copywrite editor, these creative types will have the automatic ownership in the property that is developed unless there is a contract with the business owner that states otherwise.
Protect Source-Identifying Marks
In addition to protecting your overall brand, it is also important to protect specific marks. If you have a unique design on a product, you can trademark distinctive marketing words, phrases or elements that are identified with your business. These marks should be registered with the federal patent office. You can also register a trade dress if your products or services have a distinctive look and feel. A trademark can arise immediately in a local area where it is commonly used. However, it must be registered to have national protection.
In addition to registering these marks, it is important to protect them. To be able to enforce a trademark, the courts will look at how diligent a company tried to protect their marks.
Protect Your Inventions
If you have invented a product or process, it is vital that you protect your invention. A patent application is the first step to protecting your patent. An intellectual property lawyer can help with this process.
Protect Trade Secrets
Another way to protect your business is to identify trade secrets and to insulate them from people in the business. Only those people who actually need access to client lists, special formulas, secret recipes and similar confidential information should be permitted to have this access. Additionally, these individuals may be required to sign confidentiality agreements that specify certain damages if this information is stolen or misused. This information must actually be secret in order to protect it as a trade secret.
Establish Specific Duties to Protect Your Business
Contracts can provide strong support for intellectual property, even if the intellectual property is not otherwise protected through registration of a patent, trademark or copyright. Contracts define specific parties and their specific duties and obligations regarding this property. The contract may specify a timeframe during which certain information cannot be divulged. Additionally, they may contain provisions regarding liability pertaining to the use or misuse of intellectual property. They may provide for specific duties and penalties if they are not carried out. There may be limited liability or warranties. Contracts only protect the parties who are named in the contract, so additional protections should still be used.
Read More >> https://www.hg.org/article.asp?id=47364
Thursday, June 14, 2018
New Lower Official Patent Fees Coming January 1, 2014 - Great News For Inventors
By: Michael J Foycik Jr.
October 24, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Finally some very good news for inventors about government patent fees. Some of the new lower fees have been put into place. Other impressive fee reductions are on the way.
The micro entity fee schedule has already been implemented. For example, filing a new Utility patent application costs as low as $400. A Provisional Patent Application, or PPA, costs as little as $65. The previous fees, in effect earlier this year, were much higher.
Other fee reductions are even more impressive, and are scheduled to go into effect beginning on January 1, 2014. These include the Utility patent issue fee, reduced from the small entity fee of $980 currently to just $480 (small entity) or $240 (micro entity). Assignments will be recorded at no charge in that new fee schedule; currently the government fee is $40.
Read More >> http://internationalpatentservice.com/Great-News-For-Inventors.html
October 24, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Finally some very good news for inventors about government patent fees. Some of the new lower fees have been put into place. Other impressive fee reductions are on the way.
The micro entity fee schedule has already been implemented. For example, filing a new Utility patent application costs as low as $400. A Provisional Patent Application, or PPA, costs as little as $65. The previous fees, in effect earlier this year, were much higher.
Other fee reductions are even more impressive, and are scheduled to go into effect beginning on January 1, 2014. These include the Utility patent issue fee, reduced from the small entity fee of $980 currently to just $480 (small entity) or $240 (micro entity). Assignments will be recorded at no charge in that new fee schedule; currently the government fee is $40.
Read More >> http://internationalpatentservice.com/Great-News-For-Inventors.html
What you should know about Intellectual Property when exporting to Latin America
By: GABRIELA
There are so many things to think about when exporting to Latin America: customs, duties, visiting, distances, logistics, language, currency, partners, culture… and that’s even before you start selling! And now I’m adding Intellectual Property (IP) to the pile – should we really pay attention to this aspect of doing business in Latin America?
The answer is “absolutely”. Again and again, I am confronted with businesses that either haven’t thought about it too much or, worse, those who assume that everything’s been taken care of, but are actually not protected.
On the other extreme, I’ve heard from UK companies that are hesitant about exporting to Latin America because of IP issues so… can we be too relaxed or too cautious?
Probably, so I decided to ring up the Intellectual Property Office’s attaché for Brazil and Latin America, Angelica Garcia, based at the British Consulate in Sao Paulo, to understand why we should take Intellectual Property into account in the region (always remembering that there are 20 countries in Latin America with different IP legislation).
Why should UK companies pay attention to IP issues?
“Intellectual Property is increasingly important as a tool to enable UK growth through trade and investment in leading overseas markets and emerging economies. However, IP is a technically complex issue with vocal and disparate interest groups”, Angelica explains.
“Intellectual Property is one of the most valuable assets of a company. Protecting IP rights like patent, trademarks, copyrights and designs not only helps companies to prevent third parties from copying their creation, but also helps business and people to exploit their products commercially and to reward innovators so they continue creating.”
What support can UK companies get when exploring and entering Latin American markets?
“To ensure that UK IP policy is effectively communicated and to give businesses a focal point through which to address their IP interests, the UK has set up an IP attaché programme that covers four main trade markets: South East Asia, China, Brazil & LATAM and India”, explains Angelica, and adds: “there is an actual IP attaché in Brazil”
She also explains that the role of attaches is to:
> work with host Governments to strengthen national IP and enforcement regimes
> work with DIT (Department for International Trade) to support UK businesses entering these markets
> build relationships with the host governments on international as well as domestic IP issues
> gather intelligence about the markets to inform business decision making.
You can also check out the IPO country guide on Brazil
Many UK companies are concerned about IP in Latin America, particularly in Brazil. Is there a good reason for this? What’s your advice regarding IP matters in Brazil and the rest of Latin America?
“It is true that there are some challenges in Brazil, especially regarding backlog and enforcement. But it is also true that the Brazilian Patent Office has been taking actions to tackle the backlog, build capacity and raise awareness of the importance to respect and protect IP. I strongly advise that every company that wants to export or to settle in Latin America take action to protect their Intellectual Property rights be it patents, trademarks, design, etc. As they should definitely do in any other country where they want to trade. The IP strategy has to be inside the company´s business planning!”
Read More >> https://sunnyskysolutions.co.uk/ipo2017/
There are so many things to think about when exporting to Latin America: customs, duties, visiting, distances, logistics, language, currency, partners, culture… and that’s even before you start selling! And now I’m adding Intellectual Property (IP) to the pile – should we really pay attention to this aspect of doing business in Latin America?
The answer is “absolutely”. Again and again, I am confronted with businesses that either haven’t thought about it too much or, worse, those who assume that everything’s been taken care of, but are actually not protected.
On the other extreme, I’ve heard from UK companies that are hesitant about exporting to Latin America because of IP issues so… can we be too relaxed or too cautious?
Probably, so I decided to ring up the Intellectual Property Office’s attaché for Brazil and Latin America, Angelica Garcia, based at the British Consulate in Sao Paulo, to understand why we should take Intellectual Property into account in the region (always remembering that there are 20 countries in Latin America with different IP legislation).
Why should UK companies pay attention to IP issues?
“Intellectual Property is increasingly important as a tool to enable UK growth through trade and investment in leading overseas markets and emerging economies. However, IP is a technically complex issue with vocal and disparate interest groups”, Angelica explains.
“Intellectual Property is one of the most valuable assets of a company. Protecting IP rights like patent, trademarks, copyrights and designs not only helps companies to prevent third parties from copying their creation, but also helps business and people to exploit their products commercially and to reward innovators so they continue creating.”
What support can UK companies get when exploring and entering Latin American markets?
“To ensure that UK IP policy is effectively communicated and to give businesses a focal point through which to address their IP interests, the UK has set up an IP attaché programme that covers four main trade markets: South East Asia, China, Brazil & LATAM and India”, explains Angelica, and adds: “there is an actual IP attaché in Brazil”
She also explains that the role of attaches is to:
> work with host Governments to strengthen national IP and enforcement regimes
> work with DIT (Department for International Trade) to support UK businesses entering these markets
> build relationships with the host governments on international as well as domestic IP issues
> gather intelligence about the markets to inform business decision making.
You can also check out the IPO country guide on Brazil
Many UK companies are concerned about IP in Latin America, particularly in Brazil. Is there a good reason for this? What’s your advice regarding IP matters in Brazil and the rest of Latin America?
“It is true that there are some challenges in Brazil, especially regarding backlog and enforcement. But it is also true that the Brazilian Patent Office has been taking actions to tackle the backlog, build capacity and raise awareness of the importance to respect and protect IP. I strongly advise that every company that wants to export or to settle in Latin America take action to protect their Intellectual Property rights be it patents, trademarks, design, etc. As they should definitely do in any other country where they want to trade. The IP strategy has to be inside the company´s business planning!”
Read More >> https://sunnyskysolutions.co.uk/ipo2017/
Tuesday, June 12, 2018
Worry - Free Foreign Patent Rights - Things You Should Know
By: Michael J Foycik Jr.
October 11, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Foreign filing – it may be one of the biggest choices facing anyone with an invention or a pending patent application. What if your invention is so successful that foreign copying becomes a problem? Here are some things you should know.
First, the right to file in foreign countries – that is, foreign priority rights – can be valuable. And not just to you, but to anyone wanting to purchase/license those rights.
Second, foreign filing is expensive. It is so expensive, many companies have to target selected countries. It would be best to file for patent protection in countries where the product is doing well.
Third, there's a way to delay your foreign filing. A US utility patent application provides a one year grace period for PCT filing (Patent Cooperation Treaty filing) as well as in most countries.
Fourth, a PCT application provides typically 30 to 32 months additional time in which to designate individual countries. Thus, the PCT application is very useful even though by itself it cannot confer specific patent rights in specific countries.
Fifth, if your product is successful, yet not so successful that you can spend freely on foreign priority rights, there is room for optimism. Many corporations would be happy to invest in a successful product in order to acquire foreign rights. Specifically, such corporations would be willing to pay the foreign patent costs in exchange for foreign marketing rights. In those situations, you'd still likley get a portion of the proceeds from foreign sales, but without the aggravation. Or, you might even consider selling the foreign rights for a lump sum.
Read More >> http://internationalpatentservice.com/Worry-Free-Foreign-Patent-Rights.html
October 11, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Foreign filing – it may be one of the biggest choices facing anyone with an invention or a pending patent application. What if your invention is so successful that foreign copying becomes a problem? Here are some things you should know.
First, the right to file in foreign countries – that is, foreign priority rights – can be valuable. And not just to you, but to anyone wanting to purchase/license those rights.
Second, foreign filing is expensive. It is so expensive, many companies have to target selected countries. It would be best to file for patent protection in countries where the product is doing well.
Third, there's a way to delay your foreign filing. A US utility patent application provides a one year grace period for PCT filing (Patent Cooperation Treaty filing) as well as in most countries.
Fourth, a PCT application provides typically 30 to 32 months additional time in which to designate individual countries. Thus, the PCT application is very useful even though by itself it cannot confer specific patent rights in specific countries.
Fifth, if your product is successful, yet not so successful that you can spend freely on foreign priority rights, there is room for optimism. Many corporations would be happy to invest in a successful product in order to acquire foreign rights. Specifically, such corporations would be willing to pay the foreign patent costs in exchange for foreign marketing rights. In those situations, you'd still likley get a portion of the proceeds from foreign sales, but without the aggravation. Or, you might even consider selling the foreign rights for a lump sum.
Read More >> http://internationalpatentservice.com/Worry-Free-Foreign-Patent-Rights.html
Monday, June 11, 2018
Why Intellectual Property is Important for Your Business and What You Should be Doing Now to Protect It
By: Darren Heitner
Intellectual property comes in various formats, including trademarks, copyrights and patents. While most large businesses have created and maintain enforcement on a large intellectual property portfolio, many small or medium-sized enterprises (SMEs) wait too long into their development to get serious about intellectual property protection. You want to be proactive with intellectual property in the early stages of your business, but protection alone can cost a lot of money in dealing with lawyers specialized in the space.
To make matters worse, the cost and difficulty in enforcing intellectual property rights can place a large burden on SMEs that would rather focus on growth-related opportunities and scaling their business at the lowest cost possible. As a lawyer who handles a lot of intellectual property matters, from trademark filings to infringement litigation, I understand the complexities that many small business owners face in this difficult area of the law.
Here are a few things you should consider in the realm of intellectual property.
What are the biggest challenges with intellectual property protection?
I have worked with many companies in protecting their valuable intellectual property within the U.S. After filing for protection in the U.S., they often realize that, as they grow internationally, a U.S. Patent and Trademark Office trademark registration only goes so far. Specifically, it only goes as far as the borders of the U.S.
Abroad, there are many infringers, particularly residing in China, who could care less about your U.S. federal registration and will rush to file a similar application to the registration you own, but in their jurisdiction. This often leads to issues with regard to rights to sell in that jurisdiction and ends up costing a lot of money.
The key is to map out where you plan on selling your goods and services, and be proactive about getting filings into those jurisdictions as early as possible.
Why is intellectual property ownership and licensing important for your business?
In a rapidly growing intellectual property market -- the U.S. Patent and Trademark Office received 440,768 new trademark applications in 2017, which was almost 14% over 2016's number -- it is important for SMEs to utilize intellectual property ownership and licensing at an early stage. Similar to real property, the amount of "clear land" available for intellectual property depletes by the day as more people and companies are filing trademark applications to protect their brands and patent applications to secure the utility or designs of their products.
Owning intellectual property helps you protect from others using something identical or similar to your creation, brand or product, and can also create new sources of revenue should you desire to license your goods or services out to third parties. Without protection, you could end up spending a lot more money in defending against someone else or even rebranding, and miss out on commercial opportunities.
What are some new technologies to be aware of in the intellectual property space?
Like any field, intellectual property itself is being disrupted by new technologies. One example is a company called TM Cloud, which assists with managing intellectual property filings so that it is easy to stay up to date with deadlines on when certain documents must be filed and to maintain important registrations.
Another example is NPER, which utilizes the blockchain to document intellectual property ownership and licensing through a public ledger, and allows the community to essentially score the strength of intellectual property in a way that the U.S. Patent and Trademark Office does not currently seek to do through its approval process.
Read More >> https://www.inc.com/darren-heitner/why-intellectual-property-is-important-for-your-business-what-you-should-be-doing-now-to-protect-it.html
Intellectual property comes in various formats, including trademarks, copyrights and patents. While most large businesses have created and maintain enforcement on a large intellectual property portfolio, many small or medium-sized enterprises (SMEs) wait too long into their development to get serious about intellectual property protection. You want to be proactive with intellectual property in the early stages of your business, but protection alone can cost a lot of money in dealing with lawyers specialized in the space.
To make matters worse, the cost and difficulty in enforcing intellectual property rights can place a large burden on SMEs that would rather focus on growth-related opportunities and scaling their business at the lowest cost possible. As a lawyer who handles a lot of intellectual property matters, from trademark filings to infringement litigation, I understand the complexities that many small business owners face in this difficult area of the law.
Here are a few things you should consider in the realm of intellectual property.
What are the biggest challenges with intellectual property protection?
I have worked with many companies in protecting their valuable intellectual property within the U.S. After filing for protection in the U.S., they often realize that, as they grow internationally, a U.S. Patent and Trademark Office trademark registration only goes so far. Specifically, it only goes as far as the borders of the U.S.
Abroad, there are many infringers, particularly residing in China, who could care less about your U.S. federal registration and will rush to file a similar application to the registration you own, but in their jurisdiction. This often leads to issues with regard to rights to sell in that jurisdiction and ends up costing a lot of money.
The key is to map out where you plan on selling your goods and services, and be proactive about getting filings into those jurisdictions as early as possible.
Why is intellectual property ownership and licensing important for your business?
In a rapidly growing intellectual property market -- the U.S. Patent and Trademark Office received 440,768 new trademark applications in 2017, which was almost 14% over 2016's number -- it is important for SMEs to utilize intellectual property ownership and licensing at an early stage. Similar to real property, the amount of "clear land" available for intellectual property depletes by the day as more people and companies are filing trademark applications to protect their brands and patent applications to secure the utility or designs of their products.
Owning intellectual property helps you protect from others using something identical or similar to your creation, brand or product, and can also create new sources of revenue should you desire to license your goods or services out to third parties. Without protection, you could end up spending a lot more money in defending against someone else or even rebranding, and miss out on commercial opportunities.
What are some new technologies to be aware of in the intellectual property space?
Like any field, intellectual property itself is being disrupted by new technologies. One example is a company called TM Cloud, which assists with managing intellectual property filings so that it is easy to stay up to date with deadlines on when certain documents must be filed and to maintain important registrations.
Another example is NPER, which utilizes the blockchain to document intellectual property ownership and licensing through a public ledger, and allows the community to essentially score the strength of intellectual property in a way that the U.S. Patent and Trademark Office does not currently seek to do through its approval process.
Read More >> https://www.inc.com/darren-heitner/why-intellectual-property-is-important-for-your-business-what-you-should-be-doing-now-to-protect-it.html
Sunday, June 10, 2018
New Technologies Worth Investing In
By: Michael J Foycik Jr.
October 2, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
You want to find the hot new technologies, and invest in them. Smart!
When a techology gets “old” there are too many companies in it, driving down profits. And, people get tired of new product announcements in old technologies. For example, when was the last time you got excited about an ad for tires? Yet there was a time when many people would get excited about such an ad.
So, what's hot? What has an open field ahead of it? What has room for growth? It really is possible to answer those questions, if you know how. Here are a few tips.
First tip: find a field that has not been updated lately. If it is in the news every day, though, chances are it is very updated. For example, solar power is updated. Cell phones too, and cameras, and televisions sets.
So what hasn't been updated? What has a real future? Easy!
Tip one: look at change. For example, natural gas has dropped in price, and vast reserves have been discovered. This means a sharp downward trend in natural gas prices. What products will benefit? We know that natural gas is even safe in the home, so anything goes. Good fields for investment therefore will be anything that uses natural gas, yet hasn't been widely sold and has few competitors in the field. If only we could discover what those products are!
It turns out that we CAN find those products. Specifically, you CAN find what new things use natural gas, which companies are making them, and many other worthwhile details. Here's how, so keep reading.
You can locate those products and the companies of interest, using patents as your guide. That's not too hard – you can search on any patent site and limit your search to just the current year and a specific search term. Easy! And, issued patents often show the Assignee, i.e. the company that owns it.
Further, once you know your technical area of interest, is the Class/Subclass search. The issued patents of interest will show their Class/Subclass, and you might want to start with those.
For more professional help. patent search firms exist, and can do state-of-the-art searches in a very skillful way at relatively low cost. I've worked with a number of those firms, and have been pleased with the results.
Read More >> http://internationalpatentservice.com/New-Technologies-Worth-Investing-In.html
October 2, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
You want to find the hot new technologies, and invest in them. Smart!
When a techology gets “old” there are too many companies in it, driving down profits. And, people get tired of new product announcements in old technologies. For example, when was the last time you got excited about an ad for tires? Yet there was a time when many people would get excited about such an ad.
So, what's hot? What has an open field ahead of it? What has room for growth? It really is possible to answer those questions, if you know how. Here are a few tips.
First tip: find a field that has not been updated lately. If it is in the news every day, though, chances are it is very updated. For example, solar power is updated. Cell phones too, and cameras, and televisions sets.
So what hasn't been updated? What has a real future? Easy!
Tip one: look at change. For example, natural gas has dropped in price, and vast reserves have been discovered. This means a sharp downward trend in natural gas prices. What products will benefit? We know that natural gas is even safe in the home, so anything goes. Good fields for investment therefore will be anything that uses natural gas, yet hasn't been widely sold and has few competitors in the field. If only we could discover what those products are!
It turns out that we CAN find those products. Specifically, you CAN find what new things use natural gas, which companies are making them, and many other worthwhile details. Here's how, so keep reading.
You can locate those products and the companies of interest, using patents as your guide. That's not too hard – you can search on any patent site and limit your search to just the current year and a specific search term. Easy! And, issued patents often show the Assignee, i.e. the company that owns it.
Further, once you know your technical area of interest, is the Class/Subclass search. The issued patents of interest will show their Class/Subclass, and you might want to start with those.
For more professional help. patent search firms exist, and can do state-of-the-art searches in a very skillful way at relatively low cost. I've worked with a number of those firms, and have been pleased with the results.
Read More >> http://internationalpatentservice.com/New-Technologies-Worth-Investing-In.html
Saturday, June 9, 2018
Intellectual property – strategic use and management in the resources sector
By: Michael Zammit PhD
A strong IP strategy is a vital part of any business, especially in the resources sector where innovation has historically provided key competitive advantages
All businesses face tough competition in the marketplace, and the number of competitors and the intensity of that competition only increase over time. In the resources sector, which is often characterised by volatile commodity prices, for a business to sustain a competitive advantage it must have a thorough understanding of its core competencies as well as what differentiates it from its competitors. Based on that knowledge, the business can then investigate what forms of intellectual property (IP) protection best serve it.
The business should also understand what IP it thinks it has and what IP its competitors may have. Once the answers to these questions are known, the business should ideally investigate whether it is free from competing third-party rights, and whether it needs to licence in or develop more IP to enable it to sustain its competitive advantage. Ideally, these investigations should be ongoing and the business should regularly review its IP rights to ensure that they align with the business plan.
The subject of this article is very broad, and one cannot do justice to every topic in this brief overview. This article will endeavour to provide a summary of the main points that should be considered, and highlight that IP rights are important for any business in the resources sector.
What is intellectual property?
It is important to understand what is meant by IP, its ‘categories’, and how these can be used in a business context. One simple definition of IP is ‘the property of your mind or proprietary knowledge’. As such, IP may encompass everything from literary and artistic works to branding and reputation, industrial and scientific innovations and know-how.
The main forms of IP that are relevant in the mining sector are:
>> patents, which protect inventions such as new products and processes
>> trademarks, which protect indicators of origin such as brand names, logos, packaging, sounds, scents, colours
>> designs, which protect the appearance of products such as their shape or pattern
>> copyright, which protects independently created works such as text, drawings, plans, manuals and computer programs
>> trade secrets, which protect confidential information.
Of the above, only patents, designs and trademarks are registrable forms of IP. In Australia, each of these rights must undergo a process of examination by IP Australia, the government body comprising the Australian Patent Office and Trademark Office that is empowered to review IP applications and grant exclusive rights. Non-registrable IP rights include copyright, confidential information, trade secrets and know-how and, to some extent, reputation.
A significant advantage of registrable forms of IP is that they are an easily tradable asset, which can be bought, sold, licensed or mortgaged. Furthermore, IP is a multi-purpose and strategic business tool which, for example, can lock competitors out of a market either directly or by providing a business with a specific cost or capability advantage. Alternatively, IP may be used to generate revenue, eg as a royalty stream from licensing, or it can attract venture capital or research funds. It can also simply serve as a marketing tool.
What do patents protect?
Imagine your business has spent time, effort and money inventing a new device, process, system or chemical substance, which you believe will provide a commercial advantage over your competitors. You may attempt to protect the invention by keeping it a trade secret. However, nowadays almost any product released to market may be reverse-engineered and methods, trade secrets and know-how invariably transition with personnel. The only real alternative is to file a patent application.
A patent is legally enforceable and provides ‘negative rights’, in that the owner has the right to exclude others from exploiting the invention for the 20-year life of the standard patent. It is worth noting that a patent does not signify commercial usefulness or success of the invention. This is partly because the criteria for patenting (novelty, inventiveness and usefulness) are different from the criteria for commercial success, and partly because a great deal of effort is normally required to bring a successful product to market, irrespective of whether a patent has been granted. Patents are the only means of securing a monopoly for a technical invention, can act as a deterrent to competitors, and patented products may command premium prices.
Read More >> https://www.ausimmbulletin.com/feature/intellectual-property-strategic-use-management-resources-sector/
A strong IP strategy is a vital part of any business, especially in the resources sector where innovation has historically provided key competitive advantages
All businesses face tough competition in the marketplace, and the number of competitors and the intensity of that competition only increase over time. In the resources sector, which is often characterised by volatile commodity prices, for a business to sustain a competitive advantage it must have a thorough understanding of its core competencies as well as what differentiates it from its competitors. Based on that knowledge, the business can then investigate what forms of intellectual property (IP) protection best serve it.
The business should also understand what IP it thinks it has and what IP its competitors may have. Once the answers to these questions are known, the business should ideally investigate whether it is free from competing third-party rights, and whether it needs to licence in or develop more IP to enable it to sustain its competitive advantage. Ideally, these investigations should be ongoing and the business should regularly review its IP rights to ensure that they align with the business plan.
The subject of this article is very broad, and one cannot do justice to every topic in this brief overview. This article will endeavour to provide a summary of the main points that should be considered, and highlight that IP rights are important for any business in the resources sector.
What is intellectual property?
It is important to understand what is meant by IP, its ‘categories’, and how these can be used in a business context. One simple definition of IP is ‘the property of your mind or proprietary knowledge’. As such, IP may encompass everything from literary and artistic works to branding and reputation, industrial and scientific innovations and know-how.
The main forms of IP that are relevant in the mining sector are:
>> patents, which protect inventions such as new products and processes
>> trademarks, which protect indicators of origin such as brand names, logos, packaging, sounds, scents, colours
>> designs, which protect the appearance of products such as their shape or pattern
>> copyright, which protects independently created works such as text, drawings, plans, manuals and computer programs
>> trade secrets, which protect confidential information.
Of the above, only patents, designs and trademarks are registrable forms of IP. In Australia, each of these rights must undergo a process of examination by IP Australia, the government body comprising the Australian Patent Office and Trademark Office that is empowered to review IP applications and grant exclusive rights. Non-registrable IP rights include copyright, confidential information, trade secrets and know-how and, to some extent, reputation.
A significant advantage of registrable forms of IP is that they are an easily tradable asset, which can be bought, sold, licensed or mortgaged. Furthermore, IP is a multi-purpose and strategic business tool which, for example, can lock competitors out of a market either directly or by providing a business with a specific cost or capability advantage. Alternatively, IP may be used to generate revenue, eg as a royalty stream from licensing, or it can attract venture capital or research funds. It can also simply serve as a marketing tool.
What do patents protect?
Imagine your business has spent time, effort and money inventing a new device, process, system or chemical substance, which you believe will provide a commercial advantage over your competitors. You may attempt to protect the invention by keeping it a trade secret. However, nowadays almost any product released to market may be reverse-engineered and methods, trade secrets and know-how invariably transition with personnel. The only real alternative is to file a patent application.
A patent is legally enforceable and provides ‘negative rights’, in that the owner has the right to exclude others from exploiting the invention for the 20-year life of the standard patent. It is worth noting that a patent does not signify commercial usefulness or success of the invention. This is partly because the criteria for patenting (novelty, inventiveness and usefulness) are different from the criteria for commercial success, and partly because a great deal of effort is normally required to bring a successful product to market, irrespective of whether a patent has been granted. Patents are the only means of securing a monopoly for a technical invention, can act as a deterrent to competitors, and patented products may command premium prices.
Read More >> https://www.ausimmbulletin.com/feature/intellectual-property-strategic-use-management-resources-sector/
Thursday, June 7, 2018
Getting Investors - Ultra Quick Tips
By: Michael J Foycik Jr.
Septemper 18, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
So, you need an investor. Probably to start a new business and launch a new product. Here's a very short yet useful guide.
Get a distributor. Yes, they don't sound like investors, but it helps to see them that way. Why so? A typical one will bear the costs in some way, and help sell the product. These things are what a good investor would do. Typically, with a new product, you can expect to get anywhere from 2 to 9 percent of the selling price, though this can vary.
Sell though a TV marketing company – you know the ones. You see them on late night television, or on cable channels that sell goods. And yes, they don't sound like investors, but it will help to look at them that way. A typical one will help with the costs in come way, and perhaps even with the development and testing of the product. These are things a good investor might do. Typically, one might expect anywhere from 2 to 4 percent of the selling price.
Read More >> http://internationalpatentservice.com/Getting-Investors-Ultra-Quick-Tips.html
Septemper 18, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
So, you need an investor. Probably to start a new business and launch a new product. Here's a very short yet useful guide.
Get a distributor. Yes, they don't sound like investors, but it helps to see them that way. Why so? A typical one will bear the costs in some way, and help sell the product. These things are what a good investor would do. Typically, with a new product, you can expect to get anywhere from 2 to 9 percent of the selling price, though this can vary.
Sell though a TV marketing company – you know the ones. You see them on late night television, or on cable channels that sell goods. And yes, they don't sound like investors, but it will help to look at them that way. A typical one will help with the costs in come way, and perhaps even with the development and testing of the product. These are things a good investor might do. Typically, one might expect anywhere from 2 to 4 percent of the selling price.
Read More >> http://internationalpatentservice.com/Getting-Investors-Ultra-Quick-Tips.html
Wednesday, June 6, 2018
FaZe Clan is Being Sued for Trademark Infringement by FAZE Apparel
By: Nicholas Barth
FaZe Clan, the popular esports organization known for its Call of Duty and Counter-Strike: Global Offensive teams, is being sued for alleged trademark infringement by clothing company FAZE Apparel.
According to a report by ESPN, San Francisco based clothing company FAZE Apparel has sued popular esports organization FaZe Clan for trademark infringement regarding the esports organization selling apparel items with the word "Faze" on them and is seeking $2,000,000 in treble damages and fees and for the court to uphold its trademarks.
The lawsuit concerns a trademark that the apparel company had filed for the word "Faze" back in March 2013 and approved by the U.S. Patent and Trademark Office in June of 2014. May 22nd of this year saw district judge R. Gary Klausner grant the apparel company a motion for a preliminary injunction that prohibits FaZe Clan from selling any items with the word "Faze" on it without the term "Clan" included alongside it, until the dispute between the two parties is settled.
In May of 2013, the esports organization had registered for multiple trademarks that included the word "FaZe" and "FaZe Clan Sniping With" for use on clothing. However, the U.S. Patent and Trademark Office denied both trademarks, as it believed it would cause potential confusion with the apparel company's already registered trademarks. July 2013 saw the esports organization register for the trademark of "FaZe Clan" for use in videos, video games and apparel items. The apparel portion of the trademark was contested again by the U.S. Patent and Trademark Office, but was approved later on in September of 2015.
The clothing company's lawyers stated in the lawsuit that, "FaZe Clan's willful copying of the FAZE Marks is already producing consumer confusion. In the last several weeks alone, multiple customers have contacted FAZE Apparel to complain about FaZe Clan's merchandise or customer service."
However, the esports organization has denied that the clothing company had "superior rights" to the trademark and has decided to make a counterclaim that would see the cancellation of all trademark registrations obtained by FAZE Apparel and would reward FaZe Clan with attorney fees, costs, expenses, and interest if the court rules in FaZe Clan's favor.
This is the latest major lawsuit to make its way into the esports community, as PUBG Corp. has filed a lawsuit for copyright infringement against Epic Games in Korea regarding the alleged stealing of assets from Player Unknowns Battlegrounds for Fortnite Battle Royale.
Source >> https://www.twingalaxies.com/feed_details.php/1718/faze-clan-is-being-sued-for-trademark-infringement-by-faze-apparel#.WxT58TL53-U.twitter
FaZe Clan, the popular esports organization known for its Call of Duty and Counter-Strike: Global Offensive teams, is being sued for alleged trademark infringement by clothing company FAZE Apparel.
According to a report by ESPN, San Francisco based clothing company FAZE Apparel has sued popular esports organization FaZe Clan for trademark infringement regarding the esports organization selling apparel items with the word "Faze" on them and is seeking $2,000,000 in treble damages and fees and for the court to uphold its trademarks.
The lawsuit concerns a trademark that the apparel company had filed for the word "Faze" back in March 2013 and approved by the U.S. Patent and Trademark Office in June of 2014. May 22nd of this year saw district judge R. Gary Klausner grant the apparel company a motion for a preliminary injunction that prohibits FaZe Clan from selling any items with the word "Faze" on it without the term "Clan" included alongside it, until the dispute between the two parties is settled.
In May of 2013, the esports organization had registered for multiple trademarks that included the word "FaZe" and "FaZe Clan Sniping With" for use on clothing. However, the U.S. Patent and Trademark Office denied both trademarks, as it believed it would cause potential confusion with the apparel company's already registered trademarks. July 2013 saw the esports organization register for the trademark of "FaZe Clan" for use in videos, video games and apparel items. The apparel portion of the trademark was contested again by the U.S. Patent and Trademark Office, but was approved later on in September of 2015.
The clothing company's lawyers stated in the lawsuit that, "FaZe Clan's willful copying of the FAZE Marks is already producing consumer confusion. In the last several weeks alone, multiple customers have contacted FAZE Apparel to complain about FaZe Clan's merchandise or customer service."
However, the esports organization has denied that the clothing company had "superior rights" to the trademark and has decided to make a counterclaim that would see the cancellation of all trademark registrations obtained by FAZE Apparel and would reward FaZe Clan with attorney fees, costs, expenses, and interest if the court rules in FaZe Clan's favor.
This is the latest major lawsuit to make its way into the esports community, as PUBG Corp. has filed a lawsuit for copyright infringement against Epic Games in Korea regarding the alleged stealing of assets from Player Unknowns Battlegrounds for Fortnite Battle Royale.
Source >> https://www.twingalaxies.com/feed_details.php/1718/faze-clan-is-being-sued-for-trademark-infringement-by-faze-apparel#.WxT58TL53-U.twitter
Tuesday, June 5, 2018
Getting Investors – Surprising Types
By: Michael J Foycik Jr.
September 16, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
So, you need an investor. Probably to start a new business and launch a new product. Here's a very short yet useful guide to some surprising types of investor.
Get a distributor. Yes, they don't sound like investors, but it helps to see them that way. Why so? A typical one will bear the costs in some way, and help sell the product. These things are what a good investor would do. Typically, with a new product, you can expect to get anywhere from 2 to 9 percent of the selling price, though this can vary.
Sell though a TV marketing company – you know the ones. You see them on late night television, or on cable channels that sell goods. And yes, they don't sound like investors, but it will help to look at them that way. A typical one will help with the costs in come way, and perhaps even with the development and testing of the product. These are things a good investor might do. Typically, one might expect anywhere from 2 to 4 percent of the selling price.
Go to an investment club. There are surprisingly many if you look. Try online searches, and word-of-mouth if necessary. Ask around, especially in local businesses, where the owner might well belong to such an investment club. A good investor will take about 10 to 50 percent of your business, in exchange for investment money and possibly expertise. A good investor will know how to help you succeed!
Press releases! There are companies that do those. The more press releases, the better. Put up a web site so investors reading the press releases can find you.
Be your own investor! Surprisingly, if you start small, you can experience exponential growth. Say, start with one store in a chain, offering them goods on a consignment basis. You may well be able to fund the product costs on such a small basis, until the revenue comes in. If the product sells, the store will usually want to expand to a few other stores in their district. Again, you'll be ready to expand production as the revenue comes in. Slowly but surely! If the product continues to sell in those stores, that chain may take it district-wide. Again, revenue comes in, and you can fund the production yourself. Finally, sales may expand country-wide, a huge jump. By then, you will either have the money to fund it yourself, or a line of investors eager to fund it for you.
Read More >> http://internationalpatentservice.com/Getting-Investors-Surprising-Types.html
September 16, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
So, you need an investor. Probably to start a new business and launch a new product. Here's a very short yet useful guide to some surprising types of investor.
Get a distributor. Yes, they don't sound like investors, but it helps to see them that way. Why so? A typical one will bear the costs in some way, and help sell the product. These things are what a good investor would do. Typically, with a new product, you can expect to get anywhere from 2 to 9 percent of the selling price, though this can vary.
Sell though a TV marketing company – you know the ones. You see them on late night television, or on cable channels that sell goods. And yes, they don't sound like investors, but it will help to look at them that way. A typical one will help with the costs in come way, and perhaps even with the development and testing of the product. These are things a good investor might do. Typically, one might expect anywhere from 2 to 4 percent of the selling price.
Go to an investment club. There are surprisingly many if you look. Try online searches, and word-of-mouth if necessary. Ask around, especially in local businesses, where the owner might well belong to such an investment club. A good investor will take about 10 to 50 percent of your business, in exchange for investment money and possibly expertise. A good investor will know how to help you succeed!
Press releases! There are companies that do those. The more press releases, the better. Put up a web site so investors reading the press releases can find you.
Be your own investor! Surprisingly, if you start small, you can experience exponential growth. Say, start with one store in a chain, offering them goods on a consignment basis. You may well be able to fund the product costs on such a small basis, until the revenue comes in. If the product sells, the store will usually want to expand to a few other stores in their district. Again, you'll be ready to expand production as the revenue comes in. Slowly but surely! If the product continues to sell in those stores, that chain may take it district-wide. Again, revenue comes in, and you can fund the production yourself. Finally, sales may expand country-wide, a huge jump. By then, you will either have the money to fund it yourself, or a line of investors eager to fund it for you.
Read More >> http://internationalpatentservice.com/Getting-Investors-Surprising-Types.html
Monday, June 4, 2018
Intellectual Property: Difference Between Trademarks, Copyrights, and Patents
By: Sam Mollaei
Considering the complexity of intellectual property law, it is understandable that many individuals like artists, authors, bloggers, journalist, etc. are likely to confuse the terms Patent, Copyright, and Trademark. Often you may hear them speak of “patenting a book” or “copywriting a new gadget”. These are legal terms that are on occasion confused by a lot of people. In this post, you will get to know the difference between:
>> Patent
>> Copyright
>> Trademark
So what is Intellectual Property?
Intellectual property is the ownership of tangible and non-physical goods. Since intellectual property is intangible, then it becomes a lot more difficult to protect it as compared to other kinds of property.
A simpler definition of intellectual property is something that is created by an individual’s or professional’s mind. However, intellectual property does not protect the bare ideas; rather it is basically the expression or the symbolic power/recognizability of the ideas that have been protected.
The intellectual property, in this case, is the design of a car that is patented. But not the idea of the car itself. It can be the painting of a beautiful house that is copyrighted but not the idea of the house. The intellectual property is the consumer recognizable logo that has been trademarked but not the idea of the logo. Therefore, the intellectual property only protects how we can express and identify ideas in concrete ways. But not the idea itself.
What is a Trademark?
A trademark is a device, a symbol, a name that is used in trade with goods to indicate the source of the particular product or service that will distinguish it from the goods and services of others. The trademark rights that are offered to a company may be used to prevent other businesses from making the same goods or rather from selling the same goods or services under a clearly different mark.
The trademarks protect any symbol that shows or indicates the source of the origin. While the trademark of a particular company may be very important to the owner of the company, its ultimate purpose is to protect the consumer, by informing them about the origin of the product.
What is Copyright?
The copyright can protect the specific creative expression of an idea that can be through any medium of artistic or creative expression. Examples can be paintings, writings, sculptures, photographs, software, etc. It is generally a form of protection that is offered to the authors of original works of the authorship.
The law gives the original owner the right to reproduce the copyrighted work; that can be both published and unpublished. The copyright will protect the form of expression rather than the subject matter of the writing.
Read More >> https://invoicebus.com/blog/intellectual-property-trademarks-copyrights-patents/?ref=quuu
Considering the complexity of intellectual property law, it is understandable that many individuals like artists, authors, bloggers, journalist, etc. are likely to confuse the terms Patent, Copyright, and Trademark. Often you may hear them speak of “patenting a book” or “copywriting a new gadget”. These are legal terms that are on occasion confused by a lot of people. In this post, you will get to know the difference between:
>> Patent
>> Copyright
>> Trademark
So what is Intellectual Property?
Intellectual property is the ownership of tangible and non-physical goods. Since intellectual property is intangible, then it becomes a lot more difficult to protect it as compared to other kinds of property.
A simpler definition of intellectual property is something that is created by an individual’s or professional’s mind. However, intellectual property does not protect the bare ideas; rather it is basically the expression or the symbolic power/recognizability of the ideas that have been protected.
The intellectual property, in this case, is the design of a car that is patented. But not the idea of the car itself. It can be the painting of a beautiful house that is copyrighted but not the idea of the house. The intellectual property is the consumer recognizable logo that has been trademarked but not the idea of the logo. Therefore, the intellectual property only protects how we can express and identify ideas in concrete ways. But not the idea itself.
What is a Trademark?
A trademark is a device, a symbol, a name that is used in trade with goods to indicate the source of the particular product or service that will distinguish it from the goods and services of others. The trademark rights that are offered to a company may be used to prevent other businesses from making the same goods or rather from selling the same goods or services under a clearly different mark.
The trademarks protect any symbol that shows or indicates the source of the origin. While the trademark of a particular company may be very important to the owner of the company, its ultimate purpose is to protect the consumer, by informing them about the origin of the product.
What is Copyright?
The copyright can protect the specific creative expression of an idea that can be through any medium of artistic or creative expression. Examples can be paintings, writings, sculptures, photographs, software, etc. It is generally a form of protection that is offered to the authors of original works of the authorship.
The law gives the original owner the right to reproduce the copyrighted work; that can be both published and unpublished. The copyright will protect the form of expression rather than the subject matter of the writing.
Read More >> https://invoicebus.com/blog/intellectual-property-trademarks-copyrights-patents/?ref=quuu
Sunday, June 3, 2018
Let's Sue That patent Infringer - Or Maybe Not!
By: Michael J Foycik Jr.
August 23, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Someone is infringing your patent. Now you want to rush out and sue them! Let's stop and talk about that for a minute.
The best reason to wait: that infringer is promoting your product, which takes time, money and effort before it pays off. So, let them do it for a while, and then swoop in! You shouldn't wait too long, perhaps a year or two or three, although some case law suggests that you can wait six years to sue. Don't rely on that, of course - in a specific case your patent attorney should verify and recommend specific deadlines.
Let's just mention that there can be a number of defenses to a patent lawsuit. Such defenses depend on the answers to the following (and possibly other) questions, such as: Was the infringer actually the first to use it? Can your patent be challenged? Were you actually damaged? Is the alleged infringer's device/product really close enough to your patent to infringe its claims?
Now let's say there are no defenses to the lawsuit, and victory is absolutely certain. This is very hypothetical, of course, since there is always some uncertainly. But, assuming this perfect situation, should you still go ahead and sue? The answer may be “no” for a number of reasons!
So don't sue? Why not? Well, for starters, if the infringement was for a small number of products, you are unlikely to get meaningfully large damages. It is very easy to spend more money that you can recover. That's right, you can win the lawsuit and yet get little or no cash.
If the court finds in your favor, you can ask for actual damages, and/or lost profits, and/or attorneys fee, and/or costs, among other things. Notice I said you can ask! However, asking is not the same as getting. Worse, it can be difficult to prove lost profits or actual damages.
Read More >> http://internationalpatentservice.com/Lets-Sue-That-patent-Infringer.html
August 23, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Someone is infringing your patent. Now you want to rush out and sue them! Let's stop and talk about that for a minute.
The best reason to wait: that infringer is promoting your product, which takes time, money and effort before it pays off. So, let them do it for a while, and then swoop in! You shouldn't wait too long, perhaps a year or two or three, although some case law suggests that you can wait six years to sue. Don't rely on that, of course - in a specific case your patent attorney should verify and recommend specific deadlines.
Let's just mention that there can be a number of defenses to a patent lawsuit. Such defenses depend on the answers to the following (and possibly other) questions, such as: Was the infringer actually the first to use it? Can your patent be challenged? Were you actually damaged? Is the alleged infringer's device/product really close enough to your patent to infringe its claims?
Now let's say there are no defenses to the lawsuit, and victory is absolutely certain. This is very hypothetical, of course, since there is always some uncertainly. But, assuming this perfect situation, should you still go ahead and sue? The answer may be “no” for a number of reasons!
So don't sue? Why not? Well, for starters, if the infringement was for a small number of products, you are unlikely to get meaningfully large damages. It is very easy to spend more money that you can recover. That's right, you can win the lawsuit and yet get little or no cash.
If the court finds in your favor, you can ask for actual damages, and/or lost profits, and/or attorneys fee, and/or costs, among other things. Notice I said you can ask! However, asking is not the same as getting. Worse, it can be difficult to prove lost profits or actual damages.
Read More >> http://internationalpatentservice.com/Lets-Sue-That-patent-Infringer.html
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