What is Trademark

By: Michael J Foycik Jr. 
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.

WHAT IS TRADEMARK. . .

>> protection
>> application
>> infringement

A trademark is any mark, logo, or phrase that serves to distinguish one source of goods from another.

When a trademark is in actual use in commerce, common law trademark rights can often exist even without a registered trademark. These can be enforced in state courts.

A federally registered trademark can be enforced in federal courts. To get a registered trademark, it is necessary to first file a US Trademark Application.

Such an application needs the information noted in the query form shown on this page.

A trademark search is strongly recommended. Skill is required in interpreting the results, since even identical trademarks can be registered if they are in sufficiently different classes of goods/services.

To get started now: 
No money is needed to get started. Once we receive the above-noted information for a trademark application, we perform a free, informal search of the trademark records and advise if a serious obstacle exists in the form of a prior similar trademark application. There is no cost or obligation for this. An experienced trademark attorney interprets the results of the informal search.

Read More >> http://internationalpatentservice.com/What-is-Trademark.html

Intellectual Property Punch List for Startups

By: BRENT C.J. BRITTON

When you create, design, or invent things, the rules of intellectual property (IP) determine who owns your creations, whether or not you can prevent other people from copying them, and whether or not you yourself can use them freely. If you are starting a company, you should know enough about IP to make intelligent decisions about your business to add value and reduce risk.

IP law is esoteric, arcane, and often counterintuitive. Normal business assumptions do not always apply, and can prove to be dangerous. Aggressive, thoughtful management of your IP portfolio is a sound business practice, and you should start as early as possible.

You don’t have to know a ton about the theoretical philosophy or legal underpinnings of IP in order to use it effectively. As you begin your entrepreneurial saga, be sure to pay attention to the following IP issues:

Clear trademark rights before naming things

You cannot use a brand in commerce if your use would be confusingly similar to someone else’s brand. So, do not name your company or your product or service without clearing trademark rights first. Once you choose your name, scour the internet using the search engine of your choice to ensure no one else is using it as the brand name of similar goods or services. Also check the TESS trademark database at uspto.gov to see if your name turns up. Remember that trademarks are compared on the basis of their overall visual and phonetic impression, so clever spelling inconsistencies–substituting a Z for an S, for example–should be ignored in this process.

If you cannot find your name in use anywhere else as the brand of similar products, go ahead just in case and have a formal trademark search conducted by a competent trademark lawyer. They can tell you whether you will be able to get a trademark on your brand and, perhaps more importantly, whether someone else is going to sue you if you start using it.

Then, and only then, is it safe to start naming your company and branding your products with the name that passes through the above clearance process. Remember, trademark rights are obtained neither by forming your corporation or LLC at the secretary of state’s office, nor by registering a domain name. Those ministerial items, while important, do not matter to the trademark process and should happen only after trademark rights are clear.

Everyone signs the agreement

Have your lawyer prepare a short noncompetition, nondisclosure, and IP ownership agreement to be signed by every co-founder, employee, independent contractor, and anyone else in the company who is contributing to the conception or development of creative and innovative assets. The agreement should ensure that: (i) everything they create is owned by the company; (ii) they are bound to keep all company information confidential; and (iii) they will not compete with the company while they are working for it (and, depending on your state, for some time thereafter).

Read More >> https://gust.com/launch/blog/intellectual-ip-property-punch-list

What is Infringement

By: Michael J Foycik Jr. 
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.

There are three main types:

>>  trademark infringement
>>  patent infringement
>>  copyright infringement

Trademark Infringement 
This occurs when one party uses a trademark that is confusingly close to a trademark owned by another. It is simple to decide in cases where one party has a registered federal trademark and is the senior user.

A federal trademark confers nationwide rights, and can be enforced in federal courts. A non-registered trademark may nonetheless confer common law trademark rights. Common law trademark rights are enforced in state courts.

It can sometimes be that simple, and trials tend to be relatively short. Often, however, the situation is not clear, and sometimes – especially where both trademarks are common law trademarks and are not federally registered - it is hard to determine who is the senior user. In those cases, it can also be hard to tell whether or not the senior user's rights are substantial enough to stop a competitor.

Contact us if you are concerned about any trademark infringement matter, for a free initial consultation. There is no risk or obligation.

Some common questions are: what kind of damages can be awarded; how much does a trademark infringement lawsuit cost; what kinds of risks exist.

Read More >> http://internationalpatentservice.com/What-is-Infringement.html

Intellectual property protection applications up by 14% in first quarter

By Bernie Cahiles-Magkilat

Applications for intellectual property rights protection have increased by 14 percent in the first quarter this year versus the same last year, according to the Intellectual Property Office of the Philippines (IPOPHL).

IPOPHL Director General Josephine R. Santiago said the rise in IP application reflects the increase in demand for protection of new technology and inventions, as well as increased protection of trademarks in business.

Applications for patents (covering inventions, utility models, and industrial designs) and trademarks received by the IPOPHL reached 10,024 in the first quarter of the year or 14 percent higher than the 8,761 IP applications in the same period in 2017.

Trademarks took up bulk of the IP applications in the period, numbering to 8,400 applications and having a share of 84 percent of the total.

Trademarks serve as “source-identifiers,” meant to distinguish one business’ goods or services from that of another, and can be a significant marketing tool for enterprises to establish brand recognition.

This was followed by patent-inventions with 986 or 38 percent up from 717 last year.

Patents for utility model followed with 331 or 59 percent higher than 208 in first quarter followed by industrial design with 307 from 373 last year.

Known in jurisprudence as a “silent salesman,” a trademark helps create goodwill among the consuming public, evoking a guaranty of quality associated with the product.

“The rise of intellectual property applications reflects the spreading awareness among the public of the importance of trademarks, due to our key partnerships with media, the Department of Trade and Industry, and other strategic partners. Apart from this collaboration, IPOPHL’s strategic presence has steadily been gaining traction on our social media platforms,” said Santiago.

“Of course, these efforts are underpinned by the growing understanding, appreciation, and relevance of trademarks among micro, small, and medium enterprises (MSMEs), ultimately driving the increased demand for protection,” she added.

IPOPHL has 12 satellite offices, housed in DTI offices in select cities: Cebu, Davao, Baguio, Pampanga, Legazpi, General Santos, Iloilo, Cagayan de Oro, Tuguegarao, Tacloban, and Dumaguete. The head office is within the IPOPHL office in the National Capital Region.

A patent is a bundle of exclusive rights granted for an invention which consists of product, a process or improvement of either that meets the requirements of industrial applicability, inventiveness, and novelty. As a bundle of exclusive rights, a patent allows the inventor to allow or prohibit others from making, using, selling, or importing the product of his invention during the life of the patent.

Utility models, on the other hand, are designed to protect innovations that need not meet the inventive threshold required for a standard patent application. It must, however, still have practical utility, industrial applicability, and novelty. The utility model grants similar exclusive rights as with patents, but have fundamental differences in terms of length of examination, cost, and scope of protection. A utility model, having less requirements to meet, takes a shorter period for examination. It also is a cheaper alternative to patents, because the latter needs the maintenance of annual fees. The term of protection of a patent is for 20 years, a longer period of protection than that of a utility model, which is protected for 7 years.

An industrial design protects the ornamental or aesthetic aspect of an article, and is also a right that gives the owner the exclusive right against unauthorized copying or imitation of the design. The term of protection of an industrial design is 5 years, renewable twice more for the same period of time.

Source >> https://business.mb.com.ph/2018/07/07/intellectual-property-protection-applications-up-by-14-in-first-quarter/

The AIA And Its Impact On The Independent Inventor

By: Michael J Foycik Jr. 
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.

The AIA And Its Impact On The Independent Inventor

By Michael Foycik ©2011
Used with permission. 

The Leahy-Smith America Invents Act, AIA for short, proposes sweeping changes to the U.S. Patent legal system and to the U.S. Patent Office itself. The “first to file” provision is of the greatest importance to independent inventors. Most of the other changes are, more or less, administrative in nature, and will be covered in future articles. This article takes a brief look at the issues affecting the independent inventor, and especially the “first to file“ provision of the AIA.

Simply put, the “first to file” law would mean whoever is first to file a patent application will be deemed the true inventor. Sounds simple, but the law also provides for a possible “derivation proceeding” which would have a very limited scope.

What does this mean for the independent inventor? For one thing, it means even the best confidentiality agreements and NDAs (non-disclosure agreements) will have questionable value. It will be difficult, and very costly, to contest inventorship under the AIA. How costly? It depends, but even now the costs of contesting inventorship may be out of reach of most independent inventors; under the AIA, far greater hurdles will exist, and the cost will be higher.

Under the AIA, independent inventors would be well advised to first file a patent application (provisional or utility, either will suffice) before showing the invention to anyone.

This is already my recommendation to inventors: file a patent application first! Do this before you show it. Do not trust in agreements or contracts to protect your rights. Too costly, you say? Not true! A provisional patent application is very cost effective, gives substantial rights, and the government filing fee is relatively low. And, if you can’t afford the government filing fee, there are even some work-around solutions for that, which I may write about in a future article.

Under the current law, any two conflicting patent applications can, in theory, be placed into an “interference proceeding” to determine which inventor should have the rights of both conflicting applications. Those proceedings are expensive, and fairly rare. Even so, the existence of such interference proceedings has one beneficial effect: it discourages “ripping off” (e.g., misappropriation) of inventions. Such “interference” proceedings will be a thing of the past under the AIA.

Read More >> http://internationalpatentservice.com/The-Aia-And-Its-Impact-On-The-Independent-Inventor.html

Software Startups: This Is How You Craft A Patent Strategy

By: Stephen Key

Obtaining patent protection for software is notoriously challenging. Software may have a very short shelf life. It’s difficult to describe precisely. There are issued patents that are written too broadly. In a 3-part series published in 2012, Eric Goldman goes in deep on how software innovations pose unique challenges to patent systems and what might be done about it. (For an alternative diagnosis, read retired software engineer Martin Goetz’ rebuttal.)

Perhaps it is no surprise that confusion reigns over what is eligible for patent protection today. Andrei Iancu, the new director of the United States Patent & Trademark Office, has spoken frequently and forcefully about this issue in recent months.

“In some areas of technology, it is unclear what is patentable and what is not, and that can depress innovation in those particular areas. Our plan at the PTO is to work within Supreme Court jurisprudence to try and provide better guidelines,” he said during a hearing before the House Judiciary Committee in late May.

Nonetheless, it is still possible to obtain patent protection for software. So, how do you get started? I’ve never brought a software related innovation to market, so I asked John Ferrell, my longtime Silicon Valley patent attorney, if I could pick his brain.

His firm Carr & Ferrell has represented many hundreds of software startups over the years. For much of the 1990s, it represented Apple Computer, along with their subsidiary software company at the time. Other notable software clients of his have included Adobe, Autodesk, Intuit, Oracle and Sega. He was Facebook's first intellectual property attorney. Sony Computer Entertainment (including PlayStation games) has been his client for nearly two decades. He is also an active technology investor. Read the second half of our interview here.

Ferrell told me he loves patents, because his passion is architecting monopolies — and patents are often the cornerstones of strong monopolies.

How important is intellectual property when launching a new innovation in the software space? (Attracting investors and potential partners, dealing with infringement, etc.)

It really depends on the innovation and the product. Some products in the software space are fleeting novelty items with a very short shelf life. Inventions specific only to that product may not be worth protecting. For example, a mobile game that relates to a movie character may be super-hot for a few months, but then can be expected to quickly fade. An invention related to the movement or actions of a specific character, although possible to patent, may not be worth the trouble of patenting.

Even if the patent application is accelerated and issues very quickly, it may not merit the effort if the product will likely fade before the year or so it takes to get the patent issued. (And there are often better ways to protect these kinds of software products, such as brand licensing of the movie character and copyright protection.)

For other products, however, patents can be critically important. Before software became patent eligible, there was an extremely competitive period beginning in the late 1980s when Microsoft put literally hundreds of significant software companies out of business within a few years.

One such company that comes to mind was a fairly large outfit called Software Publishing Corporation (SPC). SPC had the leading presentation software at the time, which was a program called Harvard Graphics. For most business people, Harvard Graphics was the standard for conference and conference room presentations. It sold for about a hundred dollars on floppy disks. There were many other presentation software programs at the time, but Harvard Graphics was the leader.

Read More >> https://www.forbes.com/sites/stephenkey/2018/06/27/software-startups-this-is-how-you-craft-a-patent-strategy/#60b5770b1fee

US & USPTO Trademark – GENERAL INFORMATION

By: Michael J Foycik Jr. 
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.

US & USPTO TRADEMARK GENERAL INFORMATION

Preparing a US Trademark Application

To start, the trademark owner will have chosen a word, phrase, or design as their trademark. The trademark is what is applied to the goods or services, and is NOT usually the company’s name. For example, a company named XYZ which sells garments will attach a label to those garments with a trademark such as the fashion designer’s name, and NOT with the name of their company. To claim trademark rights, the symbol “TM” can be used, preferably as a superscript after the trademark. Alternatively it can be written in parentheses after the trademark. Example: If the trademark is “Wise“, it can be written as Wise™.

A US Trademark Lawyer, also called a US Trademark Attorney, can prepare a US Trademark Application for filing with the USPTO. The US Trademark Lawyer will draft a trademark application using a description of the goods/services together with a drawing showing the trademark, where the “drawing“ is often just the typed word in capital letters. That format encompasses all variations of that mark, within the laws pertaining to how marks are used. For example, the typed drawing in all capital letters will encompass an infringing use of the mark in script letters, or as part of a larger drawing.

The draft application is sent to the owner of the trademark, and changes can be made if necessary. We do not add any additional charge for making changes to the application at this stage. When the draft is finalized, the owner signs a form claiming ownership of the trademark application. Once it is filed, it receives a Serial Number and an Official Filing Receipt, and thus becomes an official US Trademark Application.

At some point in this process, it is advisable but not necessary to perform a US trademark search. The US trademark search can find prior art trademarks that show the extent of the closest prior marks and whether the mark has been registered at an earlier time. If an expired trademark is discovered which is very close to the application, then that expired trademark might or might not mean the mark is available to other applicants. If a pending US Trademark Registration covers the mark and is in the same or similar field of goods as the applicant’s mark, then it is possible that infringement could occur. It is important to know if a product or service might infringe an existing unexpired US Trademark Registration. If no USPTO registration exists which covers the trademar, then it is possible that the trademark can be registered. As noted above, it is not necessary to conduct a trademark search prior to filing a new trademark application.

The Role of the US Trademark Office in Examining the Trademark Application

The US Trademark Application is examined in due course by a trademark examining attorney. The US trademark examining attorney will usually be an expert in the particular class of goods or services in which the trademark resides. The US trademark examining attorney will conduct a US Trademark search of the prior trademark literature, and will make a search report and send it to the applicant along with a first Office Action on the merits.

If an application is finally rejected, that rejection can be appealed. In that case, it is taken up for review by a board of appellate examiners. Each appellate examiner is likely to be a USPTO Trademark Attorney or USPTO Trademark Lawyer. If the appeal is refused, it can be taken further to a US District Court, in which case the USPTO is represented by the Solicitor’s Office. In that case, the Solicitor in Court will be a USPTO Trademark Lawyer or USPTO Trademark Attorney. Such higher appeals are not frequent, but are more likely to occur when the trademark is particularly valuable.

The Role of the US Trademark Attorney in the Examination Process

The US Trademark Attorney or US Trademark Lawyer considers the Office Actions received from the USPTO, and transmits the Office Action to the applicant along with any advice or comments on how to respond. The US Trademark Attorney or US Trademark Lawyer then responds to the Office Action, usually by providing legal arguments in support of registrability.

If the Office Action is a Notice of Allowance, then the response by the US Trademark Attorney or US Trademark Lawyer may be to file any required forms and/or transmit any fees due (often no fee is required), along with a transmittal form required by the USPTO. When no response is required, then the US Trademark Attorney or US Trademark Lawyer so informs the applicant, and a Certificate of Registration will be received in due course from the USPTO via the US Trademark Office.

Read More >> http://internationalpatentservice.com/US-USPTO-Trademark.html

What is Intellectual Property and Why Does it Matter to You?

By: Shireen Smith

Every business will have intellectual property to protect, although the actions to take will be very different depending on the business and the intellectual property involved.

Say you’ve invented some innovative way to solve a problem that no one else has managed to solve. In the case of Anywayup cup it was a baby cup with an innovative lid that didn’t spill. For C-Pen it was a pen that scans the text of a document directly to your computer. A patent is available in both these situations to protect your investment.  Arguably, for product-based inventions a patent is essential because it gives you a legal monopoly in the invention. The patent, if well drafted, makes it difficult for others to copy your invention. Without patent protection well-resourced manufacturers could enter the same market once they realise you are onto something, and use their greater financial muscle to produce and publicise a similar offering.

Then suppose you have selected the perfect name for your invention and had a logo developed for it with an attractive design. How would you feel if you were to find out after spending time and resources promoting the name, that it couldn’t be exclusive to you because the name is incapable of functioning as a trademark? This is what happened to Tesco’s Clubcard. The name it chose for its loyalty program has proved impossible to protect. If this was you, wouldn’t you prefer to know about it in advance, so you could make a better choice? Or, say you find that the name is not legally available and you then lose everything overnight when a trade mark owner is able to put a stop to your continued use of your name? This is what happened to Scrabulous whose business on Facebook went up in a puff of smoke. And did you know that if you don’t take the right actions in relation to your logo, you could find yourself on the wrong end of a dispute as happened to Innocent who at one point lost the right to use their iconic logo. Would you have the resources to appeal such a decision as they did? These are just some examples of what can happen when you don’t get timely IP advice.

Every business has IP issues to consider because every business has a name, a logo, a website, a database of contacts and more. These are all intangible assets which are important to the success of a business.

What is IP?

IP is the collective name for the rights that protect creativity, imagination and ideas. It’s very wide ranging and the rules are often complex.

Trademarks identify your products or services, secure exclusive rights over the name of your business and contain the value of your brand. With the right name you can stop competitors stealing business away from you. Copyright is another essential intellectual property right. Every business uses copyright works because every business is likely to have a logo, website, brochures, photographs, packaging, software etc. Design protection is another type of IP right which is often overlooked. However, it is a powerful tool for protecting your market share and preventing competitors from copying your ideas.

The Benefits of Protecting Your Intellectual Property

Strategic decisions about IP should be made early in the business so as to make good choices of IP, and determine how best to protect yourself with your available resources.

IP presents both risks and opportunities. Used wisely, IP advice and protection

> increases the value of your business,
> helps grow your profit margins,
> creates income streams,
> attracts finance,
> protects your market share,
> prevents competitors from copying your ideas,
> reduces future risks and liability (including personal liability of directors),
>protects the effort you put into your business, and
> gives you a legal monopoly.

Read More >> http://www.azrights.com/media/news-and-media/blog/intellectual-property/2016/12/what-is-intellectual-property-and-why-does-it-matter-to-you/

Do I Need A Patent?

By: Michael J Foycik Jr. 
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.

When – and why - do you need a patent?

You need a patent:

>> If you wish to stop others from copying your invention.
>> If you wish to protect yourself from competitors who may copy your invention and then try to patent it themselves.
>> If your product is in stores and you are challenged by a competitor who claims they have patent rights of their own.
>> If having a unique new product would allow you to set a much higher selling price.
>> If it is important to impress potential investors, customers or retailers.
>> if you want to stop illegal copies of your products from entering the U.S.
>> If you hope to sell your business for a profit. Patent rights are often the most important asset of a successful business.
>> If you hope to license your patented product to others.

And, there may be other reasons, in particular cases, for having a patent.

And, there's more! A patent is based on a patent application. Even before a patent application issues as a patent, the pending patent application can also give important benefits. These are as follows.

You need a pending patent application:

>> If you wish to discourage competitors from copying your invention. Those competitors may not wish to invest in manufacturing and marketing a competing product, because your pending patent application could issue at any moment as a granted patent. That uncertainty itself thus helps to protect the invention.
>> If you wish to protect yourself from competitors who may copy your invention and then try to patent it themselves. Even if the patent application never issues as a patent, it is a permanent record of your prior inventorship. The published patent application, even if it never issues as a patent, might be used as prior art against later applicants.
>> If having a unique new product would allow you to set a much higher selling price. Customers and retailers know that “patent pending” means something, and it suggests that your product or service is new and unique. It can be a good selling point in some cases.
>> If investors, customers or retailers would be impressed by the invention.
>> If you hope to sell your business for a profit. A pending patent application is often the most important asset of a successful business.

Read More >> http://internationalpatentservice.com/do-i-need-a-patent.html

Cloud IP Litigation: Evolving Patent Defensive Counter Measures

By : Richard Kemp and Nooreen Ajmal

European Union, United Kingdom, USA 

The migration to the cloud and transformation to digital now so visibly under way are moving intellectual property (IP) centre stage as all businesses become software companies.

In past blogs, we looked at the rising tide of software patent claims brought by NPEs (Non-Practising Entities, typically businesses that buy patents to monetise by litigation not operations) and the risks they pose to Cloud service availability.[1] That tide is now ebbing: according to NPE deterrence entity Unified Patents’ first quarterly report for 2018, NPE patent lawsuits are decreasing and fell below non-NPE lawsuits for the first time for many years.[2] This trend was recently confirmed by Unified Patents in its second 2018 report for the first half of the year.[3]

The ebbing tide of NPE claims is attributable to recent policy changes affecting US patent litigation and derives in the main from three decisions of the US Supreme Court. First, in its June 2014 Alice judgment,[4] the Court raised the bar on patent eligibility for computer-related inventions, effectively making it easier to revoke software patents already granted, many of which have been acquired by NPEs as they geared up their portfolios for action; second, the May 2017 Heartland case[5] has made it more difficult for NPEs to sue in the traditionally plaintiff-friendly District Court of the Eastern District of Texas; and third, the April 2018 decision in Oil States[6] kept open the route to revocation at modest cost by upholding the jurisdiction of the US PTO’s Patent Trial and Appeal Board to reassess and revoke mistakenly granted patents through inter partes review.

However, reflecting growing competitive tensions in the industry sectors most affected by the cloud and digital transformation, commentators are reporting an increase in cloud patent and IP litigation between competitors at all levels – leaders, mid-tier and new entrants. For example, security leader Symantec settled a claim against it by Finjan for an initial payment of $65m and is suing Zscaler; virtualisation developer Citrix is suing Avi Networks; and digital transformation specialist BMC Software is suing Chertwell Software.[7] Companies are starting to think differently about their IP, looking for ways to secure their next wave of innovations, which are likely to be digital in many industries.

IP is also moving centre stage in the startup world as startups increasingly look to IP to secure their future and as some CSPs start to compete with them after partnering. Harking back to 2009 when Amazon launched its AmazonBasics to compete with its private label e-commerce customers, AWS has started to compete with startups who host their software on AWS or provide services and tools to AWS users. Examples include Amazon QuickSight/Tableau (data visualisation), Amazon X-Ray/New Relic (monitoring), Amazon Chime/WebEx (conferencing) and AWS CodeStar/Heroku (software development and deployment).[8]

The combination of US patent litigation policy changes and growing competition in the cloud are making patent countermeasures providers re-think their approach to patent defence mechanisms and focus more on operating companies. In May 2018, LOT Networks (the ‘LOT’ stands for ‘license on transfer’) introduced a new Patent Program aimed at operating companies and augmenting LOT’s existing program by raising the free membership tier from S5m to $25m revenues and offering three free patents. This suggests that LOT thinks startups value owning a few patents more than LOT’s protection against NPE claims. Microsoft’s Azure IP Advantage program (a combination of unlimited indemnity, patent pick and springing licence)[9] has been available to Azure customers since launch in February 2017.

The LOT Networks Patent Program also raises some interesting legal considerations. First, how strong are the free patents on offer? Press reports have suggested that LOT enterprise members have transferred patents they didn’t need to save costs.[10] Second, how will startups use the patents? Waiving LOT membership fees suggests expectations are defensive rather offensive. In this use case, access to a large defensive portfolio like Microsoft’s Azure IP Advantage should also be considered. Third, it’s foreseeable that some startups will become insolvent and in this situation a buyer of the insolvent company’s assets may (outside the USA) try to persuade the startup’s liquidator to disclaim the licence as onerous property as a condition of buying the patent (for example in the UK, under section 178 Insolvency Act 1986).[11]

As a new tide starts to flow in cloud patent litigation between competitors just as the old NPE tide ebbs, a host of new strategic, tactical and legal questions evolves.

Source >> https://www.lexology.com/library/detail.aspx?g=66bb81ce-76e1-4c02-87da-0cfac18f2512

Steps For Getting A Patent

By: Michael J Foycik Jr. 
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.

Steps For Getting a Patent

These are the basic steps for getting a patent.

First, file a patent application which describes and claims the invention.

Then, respond to any official actions received from the U.S. Patent Office. If the official action is a rejection, then a response will provide arguments in support of patentability and possibly changes to the claims.

Assuming the application is deemed patentable (the majority are), then a Notice of Allowance and Issue Fee Due is sent. Upon payment of the issue fee, a patent will issue.

It is that simple. This whole process can take anywhere from 12 months to 36 months, depending entirely on the U.S. Patent Examiner to which the application is officially assigned.

A more detailed explanation is as follows.

Preparing the patent application
First, you provide details about the invention, and we prepare a draft application together with draft drawings, for your review. This draft includes the claims, abstract, summary of the invention, background of the invention, and detailed description of the invention. We make any changes or additions you wish to make, at no additional charge. We charge half of the fixed service fee in advance for this draft.

Read More >> http://internationalpatentservice.com/steps-for-getting-a-patent.html

The relevance of filing Andorran trademarks and patents

By: Jonathan Hinkson

“The Principality of Andorra has around 8 million tourists per year (source: ACTUA). With that figure in mind, it is obvious that Andorra has become an interesting market especially for customers from France and Spain; this is even more so since a low VAT rate (4,5%) is applicable in the Principality.

Both multinational companies and inventors need a homogeneous protection of their trademark and patent. Protecting the Andorran territory must be part of a pro-active strategy to fight IP infringement, leaving no “grey area” available for infringers in Europe, in particular in the pharma and new tech industries.

On a practical note, an Andorran trademark can be registered within 4 days, in particular due to the fact that there is no opposition procedure (an opposition procedure allows the holder of a prior right to oppose the registration of a posterior trademark that is identical or similar to its prior right and that covers goods or services that are identical or similar). This is particularly relevant for right holders that are located in countries that grant subventions to companies that register Intellectual property rights abroad.

It is noteworthy to raise the fact that Andorra has not signed the Madrid Arrangement or the Madrid Protocol; this situation requires a local filing at the Andorran trademark office in order to obtain a trademark in force in the Principality.

The Andorran patent is also attractive because the examination is merely formal and a patent can be granted in around 18 months, the maintenance fees are very low which allows protecting a given invention in Andorra at a competitive cost.

Andorra has not signed the PCT treaty or the European Patent Convention so a local filing at the Andorran patent office is necessary to obtain an Andorran patent.

The filing of an Andorran trademark and Andorran patent must be done by an agent that is authorized to act at the Andorran trademark and patent office (OMPA).

Read More >> https://all-andorra.com/relevance-filing-andorran-trademarks-patents/

How to Patent a Business Method

By: Michael J Foycik Jr. 
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.

A business method
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.

A business method cannot be copyrighted, but it can sometimes be patented. Specifically, the inventive steps of certain business methods can be patented, and because of this the patent can provide protection far beyond just the specific business method language used.

First, a drawing is made showing the most important steps of the business method as a flowchart diagram. It is usually not necessary to give every detail of the operation of the business method; instead, the main features should be illustrated. The business method should be protected by a utility patent application, since that will cover any type of business method language. This is also sometimes called a “regular” patent application. The business method steps can be explained in words and by the flowchart drawings.

This is a good point to mention that there is also something called a “provisional patent application” that gives patent pending status for one year, permitting a utility patent application to be filed at any time during that year. This is much less expensive, and is recommended when there is an urgent need to get something one file, for example just prior to a trade show or publication. Further below, there is a section called “How to patent using a provisional patent application.”

Here's a simple example showing how to patent an idea for a simple and amusing invention, where a business method is used. The simplest business method already in the public domain would be a lottery. Here, tickets are sold, and based on predetermined or later-determined criteria such as the drawing of numbers, determines winning tickets. For the moment, we aren't concerned with whether it has been done before, it is just an example. For now, the idea would be expressed in words, written just as above. These steps would be shown in a simple flowchart.

Next, a claim is added to describe the invention broadly, such as the following: Claim 1: A method for selling tickets and awarding prizes, comprising the steps of: selling tickets with indicia thereon; matching the indicia with predetermined or later-determined criteria such as the drawing of numbers to determine winning tickets; and awarding prizes to winning tickets.

Standard text is then added including sections titled: background of the invention; summary of the invention; brief description of the drawings; and an abstract of the disclosure. This part is not usually hard to do, but can be time consuming.

Then, a Declaration is prepared showing the name of the inventor and title of the invention. This is from a standard form provided by the US Patent Office.

Last, a cover page including a Transmittal sheet is prepared, listing what is being filed with the US Patent Office. The Transmittal page normally will include a check for the amount of the US government filing fee, and a postcard filing receipt. The check can be omitted, as can the signed Declaration, but in that case the US Patent Office will send a notice asking for those items along with a relatively small late fee.

Read More >> http://internationalpatentservice.com/How-to-Patent-a-Business-Method.html

A Return Visit To The Start-Up Nation

By: GASTON KROUB

Israeli technology is in the news with respect to the gripping situation playing out in Thailand, with the rescue of trapped boys recently completed. This latest news confirms what many already know — that Israel punches above its weight with respect to innovation. For example, back in 2012, I had the opportunity to speak on IP awareness at a Cleantech conference in the Southern Israeli resort city of Eilat. At the time, there was a lot of interest in patent activity around Cleantech, with the promise of significant public and private investment dollars being directed toward startups and established companies innovating in the area of clean technology.

While the shale gas revolution in the United States and its concomitant impacts on global oil prices ended up dampening some of the global enthusiasm for investing in clean technologies, there is no doubt that significant innovation in the area of sustainable energy, agriculture, and water use is ongoing. One of the countries at the forefront of the clean technology revolution is of course Israel, which has become a global leader in exporting key innovations in disparate areas such as drip irrigation and water desalination, among others. It is not surprising, therefore, that IP lawyers in the U.S. often find themselves either representing Israeli companies, or adverse to them in the event of IP disputes.

Coming on the heels of the 2009 best-selling book, “Start-up Nation,” which sought to explain the rise of the Israeli high-tech sector, the conference I attended did not disappoint in terms of showcasing Israeli startups active across a wide range of clean technology areas. Perhaps more importantly — and in line with the book’s reporting of global venture capital interest in Israeli startups — there were clearly potential “customers” studying the presenting companies at the conference.

While some of those potential customers were clearly representatives of multinational corporations, there was also a large contingent of Chinese attendees. Whether they were sponsored by the Chinese government or by Chinese companies was not clear; nevertheless, the size of the Chinese delegation was impressive — especially considering the distance between Israel and China, as well as the comical population difference between the two countries. At least 15 Chinese cities are more populous than the entire country of Israel, after all.

I was reminded of my experience at the 2012 Eilat conference since I recently returned from a family bar-mitzvah trip to Israel. Over the course of my just under two-week visit, I had the opportunity to see much of the upper half of the country, including seeing concrete evidence of the continuing expansion of Silicon Valley and other companies into Israel. What was striking, as an initial matter, was that in addition to long-present stalwarts like Intel and Microsoft, we passed by modern office buildings (primarily in the Tel Aviv-Haifa coastal tech corridor) bearing the names of companies as diverse as Medtronic and Qualcomm. While those familiar names point to continued interest in Israel as a research and development center, there is also no doubt that multinational giants value proximity to Israel’s thriving startup scene as well. Sophisticated IP lawyers in the U.S. can continue to anticipate work originating out of or involving Israeli companies for a long time to come.

As just one example, Google announced a few months ago that it was setting up a new accelerator in Israel — apparently its first outside Silicon Valley — with a focus on machine learning and artificial intelligence. Developments like these make clear that the entrepreneurial spirit and innovation-prizing ecosystem prevalent in Israel will continue to flourish. At the same time, what was perhaps more impressive as a visitor to the country was not the potential inherent in the technologies being developed in the country. Rather, it was the clear signs of technologies actually being implemented, from wind farms in the North, to energy saving technologies in place in cities from Jerusalem to Tel Aviv. As a resource-challenged country, it was clear that Israeli innovation remains essential to the modern development of the economy there. Long-term, the ability of Israeli companies to export those technologies worldwide — while maintaining a sophisticated approach towards procuring and enforcing IP worldwide — will likely have an outsized impact on the country’s economic prospects. The early successes of some Israeli companies that have successfully globalized to date, such as Waze and MobileEye, augur well on that front.

Over the years, I have had the good fortune of seeing how other countries incorporate cutting-edge technologies to improve the lives of their citizens. From advanced high-speed trains in Shanghai, to Seoul’s hyper-modern subway and highways, to windfarms on the Curacao coastline, there is tremendous momentum worldwide to modernize responsibly — utilizing clean technologies wherever possible. My recent trip to Israel only confirmed what I already know. Israel’s small size, lack of oil, and scarce water supply are nothing more than challenges for the country’s innovators to solve. And while they work on those solutions, others in the country will continue to innovate in medicine, computers, and any other technology area you can think of.

Read More >> https://abovethelaw.com/legal-innovation-center/2018/07/10/a-return-visit-to-the-start-up-nation/

How to Patent a Plant Species

By: Michael J Foycik Jr. 
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.

A plant species 
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.

This is very rare, but can be done! The inventive species is identified.

First, a drawing is made showing the inventive species. This is best done by a color photograph.

A claim or claims and an abstract would be added. And, standard text is added including sections titled: background of the invention; summary of the invention; brief description of the drawings; and an abstract of the disclosure. This part is not usually hard to do, but can be time consuming.

Then, a Declaration is prepared showing the name of the inventor and title of the invention. This is from a standard form provided by the US Patent Office.

Last, a cover page including a Transmittal sheet is prepared, listing what is being filed with the US Patent Office. The Transmittal page normally will include a check for the amount of the US government filing fee, and a postcard filing receipt. The check can be omitted, as can the signed Declaration, but in that case the US Patent Office will send a notice asking for those items along with a relatively small late fee.

The drawings may or may not be accepted as filed. If not accepted, the US Patent Office sends a notice, and sets a time period for submitting the formal drawings. A specially skilled draftsman normally prepares the formal drawings, since the US Patent Office has very specific and detailed requirements for the drawings. We work with a skilled patent draftsman, to provide the formal drawings.

The application is examined by the US Patent Office. If granted, the application matures into a plant patent. A granted plant patent can be enforced in court, and it can be assigned and licensed too.

Read More >> http://internationalpatentservice.com/How-to-Patent-a-Plant-Species.html

Tomorrow’s Brands Might Be Impossible To Trademark

By: MARK WILSON

Anyone who owns an Amazon Echo is familiar with the blue ring. It’s the glowing, abstract face of the Alexa assistant that signifies when it is listening, thinking, and speaking. It’s about as ephemeral as user interface can get.

Perhaps it doesn’t seem odd that Amazon attempted to register the ring as a trademark in 2016. After all, trademarks give companies more protections over their brands. Amazon wants to protect Alexa like Nike wants to protect the swoosh. But in fact, it’s a relatively rare, aggressive move on Amazon’s part: registering a trademark not for a corporate logo, but a piece of a user interface.

Amazon’s move hints at a future where brands and their interfaces are less tangible, and yet even more deeply embedded into the world around us–a place where the brand is the AI, and the AI is the interface. In that future, the brand will no longer be a logomark, but a pulse, an animation, a glow. One legal expert takes us into the confusion of this brave new world.

Companies don’t trademark user interfaces often. Instead, they patent them. These patents can be worth billions of dollars, but there’s a catch: Most patents have a 20-year expiration date. “[Patent] rights don’t last forever,” says Sarah Burstein, associate professor of Law at the University of Oklahoma. “Trademark rights last as long as the mark is used in commerce, so they can potentially last forever.”
So why doesn’t every company protect its user interfaces via permanent trademarks rather than short-lived patents? Because legally, you can’t register a trademark on something that has any kind of real-world utility. And user interfaces are entirely about utility.

Think of a trademark as a visual identifier for a company. Because of trademarks, you can look at the three stripes on any pair of running pants and instantly know they’re made by Adidas. They’re a signifier of brand cachet in a world where, sometimes, that cachet is the only reason one pair of running pants costs more than another. Technically, federal law describes a trademark as “any word, name, symbol, or device, or any combination thereof” that’s used “to identify and distinguish his or her goods, including a unique product, from those manufactured or sold by others and to indicate the source of the goods, even if that source is unknown.”

Trademarks sound pretty invincible, right? They have at least one major caveat, however. As Burstein explains, trademarks must be “nonfunctional.” A trademarked design can’t do work, like a patented one does, because while trademarks can be protected forever, patents are meant to expire specifically so innovations can be shared by everyone. Trademarks are designed to defend against counterfeiters, not protect innovation.

Which is why Amazon might not get its registered trademark after all. “Based on Amazon’s description of the light ring, it appears that the lights provide the user with information about what the device is doing,” observes Burstein with a logic that makes sense to us. “So the moving light sequence claimed in Amazon’s trademark registration application might be deemed ‘functional’ and, thus, ineligible for protection.”

Read More >> https://www.fastcompany.com/90135026/tomorrows-brands-might-be-impossible-to-trademark

How to Patent a Provisional Patent Application

By: Michael J Foycik Jr. 
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.

A provisional patent application
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.

A slightly better title would be “How to Get a Provisional Patent Application.“ That would be more correct, as explained below. It is easy to get a provisional patent application, which gives “patent pending” status but cannot in itself be “patented.” Instead, a provisional patent application holds the date (as the date of filing), protects the owner against later copiers, and permits later filing of a utility (“regular”) patent application.

Why get a Provisional Patent Application? It is less costly, and has a lower government filing fee, as compared with a utility patent application. It takes less effort to prepare, and needs no formal drawings and no signed Declaration.

Anything can be the subject of a provisional patent application. It provides defensive protection against later imitators. And, it can be the basis of a later utility patent application. It’s very useful to get a provisional patent application!

So what's the catch? The catch is, the provisional patent application lasts for only one year, after which the idea belongs to the public unless a utility patent application has been filed during that year.

So why file a Provisional Patent Application? If you are publishing the invention or showing it to potential investors or distributors or at a trade show, then a Provisional Patent Application will secure the date of filing, and can protect you against later imitators. How can it protect? It would prevent a competitor from copying your idea and patenting it themselves, then using the patent against you. Yes, that really happens sometimes! And, if the provisional application is followed up within one year by a utility patent application that issues as a patent, then it would allow you to seek damages in court.

Do you need to wait for a patent to issue before commercializing your invention? No, not at all! In fact, a pending patent application can be even more valuable than an issued patent in some cases, and a pending provisional patent application can be sold, assigned, or licensed.

What do you need to get a provisional patent application? You need a written description of the idea. And, it is helpful to provide drawings or sketches of the idea or invention, preferably with numbers that can be referred to in the body of the written description. The drawings do not need to be like blueprints; they can be simple or very rough, as long as they can be understood in connection with the text in the provisional patent application. And, it is not necessary to have a working model.

Here's a simple example showing how to get a provisional patent application for an idea for a very simple and amusing invention. The simple idea: add a blinking light to a pencil eraser. For the moment, we aren't concerned with whether it has been done before. For now, the idea would be expressed in words, written just as above, as the text or body of the application. And, since it is possible to illustrate the idea in a drawing, we would also add a sketch showing where the light should be placed on the eraser. The parts shown in the drawings should be numbered, for easy reference. The text would refer to the features of the drawings, and name the parts indicated by numbers, and also explain the function or purpose of the parts. What else should be shown in the drawings? The light should have a power source, for example a small solar panel or a small battery, and connecting wires should be shown connecting the power source to the light.

Read More >> http://internationalpatentservice.com/How-to-Patent-a-Provisional-Patent-Application.html

What should a startup consider before filing a patent?

By: Akriti Dayal

This article aims to present some fundamentals of patents for tech based startups. While a startup should be aware of other forms of intellectual property like copyright, industrial design rights, trademarks, plant variety rights, trade dress, and trade secrets, this article focuses on patents.

What is a patent?

A patent gives you the ability to exclude others from using the invention for a limited period of time. Hence, you get the ability to license the technology and decide how the invention can be used and by whom, during the period of exclusivity. This type of exclusivity needs to be carefully protected, and startups need a good coach who can help them navigate the complexity, including type of patent rights (utility patents, business method patents, and design patents), the procedure for patent applications and prosecution, the rights offered and the requirements in different patent jurisdictions, and most importantly the timing and content.

A patent application consists of several sections – abstract, specifications, drawings, and claims. The meat of the application is the ‘patent claims.’ A claim defines the skeleton around which the technology solution can be built – hence it should be looked as the bare minimum description of your invention that captures patentability requirements – namely novelty, usefulness, and non-obviousness.

Startups should actively sense changes with respect to policy and guideline with respect to IP. For example, US's new (very recent) patent guidelines for the first time declare software patents and business methods patentable, which is of serious significance to startups, they should be cautious from infringement point of view. The exclusivity from the patent office comes at a cost – the patent application with all relevant details is published – this allows others working in the same area to benefit from the current state of the art and continue to build upon it. Does that explain why Coca-Cola hasn’t patented the recipe for its most famous drinks?

Why startups should look to file patents

Patents are expensive and time-consuming, so startups need to understand the trade-off in filing for a patent versus exploring other types of IP or business protection. A patent provides its holder with a legal right to monopoly on use or sale of the invention in the country where the patent rights have been granted. This right can be leveraged to gain competitive advantage and exclusivity, and to avoid the risk of being exposed to assertions of IP infringements from third parties and competitors.

If you are wondering whether your technology is worthy of a patent, here is a quick checklist to guide you:

Novel – the method/material or combination aren’t already known. Also, you shouldn’t have already published or disclosed this in your marketing efforts.

Useful – the technology has commercial potential.

Competitive advantage – monopoly on this will put you ahead of your competitors.

Expansion – this could be used in other fields and applications.

Hide versus publish – it will be difficult to keep and protect this as a trade secret.

If your invention(s) meets one or more of these criteria you should seek legal advice to decide on a patent strategy. Patents can serve many mid-term to long-term goals for a technology company.

Patents as sword: Offensive IP strategy: Patents that are registered with view to enforce them to generate royalties or to exclude competitors is addressed as an offensive IP strategy. Many pharmaceutical companies use offensive patent portfolios to protect new drugs they bring to market to ensure market exclusivity for a time to gain return on their investment, establish market share, and earn profits. (Apple Inc. was able to exclude Samsung products from some markets through court injunctions, etc., as part of an offensive patent strategy.)

Patents as cash cow: collaborative, valuation, licensing opportunities: Patents could be used as revenue generating tools from licensing opportunities, generate increased valuation during funding and acquisition conversations, and could be used for collaborative opportunities. A robust patent portfolio could return 25X of investments in patents during acquisitions. While startups in many countries have typically shied away from patents, there is an increasing awareness of the value patents can bring both from the market and fund-raising perspectives. A ‘patent pending’ tag and a registered trademark for a product name would benefit a startup to attract investors, advertise, and to promote the brand early in the business cycle. Also, a unique product could command a premium market price, having a significant impact on the bottom line.

Read More >> https://www.iipla.org/Blogs-&-News/6357972

Startup Entrepreneurs: Why Your Startup Needs a Patent Attorney

By: Michael J Foycik Jr. 
November 1, 2017
The author is a patent attorney who helps clients with startups on crowdfunding sites, including the startup which set a fundraising record on Kickstarter. The author has over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.

Why need a patent attorney for a crowdfunding effort?  Would entrepreneurs benefit?  Will it help you raise funds?  Good questions!

I learned answers to those and other questions while helping a record-setting startup raise funds on a crowdfunding site.  It seems to matter to investors, donors, and others.  Let's see why.

The public – donors, investors, and early adopters – may have concerns:  can they be sure your product or service does not infringe any patents?  Can they be sure you're protected and that no competitor can take away your rights?  Only a patent attorney can help with that.  Having a patent attorney's help – and listing the patent attorney on your web site as an advisor – can impress investors and donors.

The above points do not even mention patentability, which can be very important.  The investing public will wonder if your startup is taking steps to protect its patent rights, both in the US and in foreign countries.  Having a patent attorney as an advisor can be reassuring to the investing public, and helps them feel confident your startup is properly advised on these points.

Other key questions: do the entrepreneurs need a Utility patent application or a Design patent application?  Would a trademark help?  What about international (foreign) patent applications?  Is having a right-to-use study beneficial?  Will trade secret protection work, and if so how can it be secured?

Read More >> http://internationalpatentservice.com/Why-Your-Startup-Needs-a-Patent-Attorney.html

Waiting to Protect Intellectual Property Could Doom Your Startup

By: Mark McCareins and Pete Slawniak

Does your fledgling startup really need to pour time and money into protecting its intellectual property?

Most likely, yes, says Mark McCareins, a clinical professor of business law at the Kellogg School and former senior partner at the law firm Winston and Strawn LLP.  “Almost every startup has an idea that’s probably worth protecting, whether it’s a piece of software or a bit of code or a totally new invention.”

Yet for many early-stage entrepreneurs, intellectual property (IP) is an afterthought, a topic for consideration once the product has been developed, the business plan has been put in place, and discussions with potential investors or customers are already in the works.

McCareins recently sat down with Pete Slawniak, an intellectual property lawyer at Argonne National Laboratory, and advisor to Argonne’s startup incubator called Chain Reaction Innovations.

Their conversation touched on what startups of all stripes should know about patents, nondisclosure agreements, and the wisdom of using that inexpensive online legal service.

Here are some takeaways from their discussion, edited for length and clarity.

Think about IP early on—while you are still developing your product.

Slawniak: As soon as a company starts to invest in research and product development, it's time to begin planning some sort of protection for that investment. Ideally, this happens when a company is evaluating its business strategy. The question to ask is, “Will this intellectual property offer competitive advantage?”

It's never too early to think about this, because preliminary groundwork agreements—whether that's a grant application, an incubator membership, or some sort of joint venture agreement—are all going to have IP terms.

McCareins: If you don’t address IP early, you run the risk of either A, spending all this money in research and development on something that isn't patentable, or B, incubating with a third party, but because you have not protected your IP rights sufficiently, you allow the third party or others to extract your IP away from you without you even knowing it.

Slawniak: U.S. patent law is very generous—you have up to one year from the date of a public disclosure to file a patent application. But in most other countries, you lose patent rights as soon as there's a public disclosure of the invention.

And public disclosure doesn't have to be a sale: it could be an advertisement or even testing a prototype out there on the street without having nondisclosure agreements in place. Let me give you just one anecdote from an old case that jumps to mind: an inventor designed and prototyped a great new motor for their boat – something that had serious market potential. Then that inventor went on a boating trip with one of his friends. Many years later, when that inventor went to enforce his patent against a competitor, lo and behold, the court deemed the boat trip a public disclosure that invalidated his patent rights, even though the friends never knew how the motor worked. That should serve as a cautionary tale about disclosing an invention.

So it's important to start thinking about patents even before you start talking to any potential customers and attempting to monetize an idea.

Read More >> https://insight.kellogg.northwestern.edu/article/waiting-to-protect-intellectual-property-could-doom-your-startup

Startup Business: A Checklist

By: Michael J Foycik Jr. 
June 22, 2016
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.

Starting a new business is exciting!  Here's a checklist you'll want to consider.
Trademark application or registered trademark.  Everyone needs this.
Pending patent application of any type: design, utility, or provisional (PPA).
Funding, which can include crowd funding services like Kickstarter or Indiegogo.
Copyright rights.  This includes your web site and promotional materials.
Publicity, if using crowd funding sites or if needed to attract investors.

Costs can be fairly low.  Some informal rights are permitted, and every startup is different.  Contact me with any questions at the email address below.

Read More >> http://internationalpatentservice.com/Startup-Business.html

Patent protection strategies for startups

By: LawTrades

It is hard to overemphasize the importance of intellectual property protection for startups. Without protection for your brand, inventions, and original creations, you have no chance at commercializing your unique value. You are defenseless against (often larger, better funded) competitors, and you can present no convincing value proposition to potential investors and/or acquirers.

For this reason, a thoughtful IP strategy should be among every startup’s highest priorities. LawTrades provides you with free, comprehensive information about IP strategy elsewhere. This article hones in on one specific aspect of such a strategy: patent protection.

Patent protection is your job

This might seem obvious, but startups often make the mistake of assuming their job is done once a patent has been granted. This is not the case. When the USPTO grants a patent, it confers the exclusive right to use, make and sell that patented invention to you. It does not, however, police your competitors.

It is up to you to detect whether or not there are infringements of your patents. If you do find infringements, you have (by virtue of your patent) the right to institute a claim against the party that is unlawfully making, using or selling your invention. The remedies that you will be granted includes an injunction prohibiting your competitor from continuing the offending behavior, and possibly an order of damages in your favor.

How to protect your patent

To ensure patent prosecution in this manner, you have to stay vigilant. Scour the internet and market for possible infringements of your patent, and if you find them–take legal action. That seems simple enough, right?

Not really. There are a few problems with taking only this advice in isolation:

As a startup, you will (almost by definition) not have the funds for lengthy litigation. Anyone worth suing will outspend you in court.
You will also, in all likelihood, not have the money and resources needed to file for a patent every time you think you might be on to a new invention.
Time you spend on lawsuits is time you could have been spending growing your startup. In other words: the opportunity cost for patent prosecution is high. You need to ensure that you do it strategically.

And that is why having a thoughtful patent protection strategy is so important. Patent protection should be done with a clear view of your business, your growth strategy, your market, and your strategic position.

Read More >> https://www.lawtrades.com/blog/blog-post/startup-patent-protection-strategies/#

The Role of the Patent Attorney for Startups and Entrepreneurs

By: Michael J Foycik Jr. 
November 1, 2017
The author is a patent attorney who helps clients with startups on crowdfunding sites, including the startup which set a fundraising record on Kickstarter. The author has over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.

Your startup ready to launch.  That means there are questions: can I lose my rights by mistake?  Are my rights secured?  What rights do I need to protect?  Those are things your patent attorney will be able to help with.

Are you infringing?  And, do you have a right-to-use?  Your patent attorney can help with that.

What if your startup's new product or service is not patentable: how can you be protected against unscrupulous engineers, designers, artists, and any others needed to help you develop your invention?  The protection needed there is called “trade secret” protection.  Your patent attorney can help you secure your trade secret rights.

Do you need a Design patent application, or do you need a Utility patent application?  And, which is which?  Again, the patent attorney can help.

Did you make a sale or publish the invention already?  Foreign rights may already have been lost in many important foreign countries.  US rights can still be secured if within one year of the date of the first sale or publication.

Your patent attorney can also let you know the costs of the above options.  And, which options are cost-effective for your product or service.

Read More >> http://internationalpatentservice.com/The-Role-of-the-Patent-Attorney-for-Startups-and-Entrepreneurs.html

7 STEPS TO SUCCESS FOR STARTUPS

By: Keith Hearn

Since the dawn of time, man has always wanted to augment his lifestyle. Whether it’s graduating from stone tools to fire or from agriculture to industry, growth has invariably been the primary focus of every human. The same can be said for today’s startups.

Thus, it is only fair that the most advanced species on this planet, at the most technologically advanced period in history, take this culture forward. The one issue that plagues the modern man is dissatisfaction.

There is an ever-present dissonance with what one expects and what he/she receives. It is no surprise, then, that startups are on a meteoric rise. There is a reason, after all, why Silicon Valley is idolized by millions, and why so many countries spend millions trying to develop their own iteration of the tech hub.

However, when you take off the rose-tinted glasses, a dire reality stares back at your face. Most startups fail to make past the one year mark. A majority of the remaining startups struggle for years to break even and eventually succumb to the market pressure. The few that do make it often lose their sense of innovation and start acquiring smaller companies to increase their portfolio. Only a handful of startups manage to stay relevant while keeping investors hooked on their business plan and customers interested in their products.

So, what secret sauce do these companies use to check all the boxes and succeed? The truth is it’s not about the sauce. It’s about the ingredients. Just as in programming, the right code isn’t the one that gives you the desired output for a set of inputs but one that can tackle any kind of input efficiently; startups aren’t about ticking a couple boxes and improvising the rest, they are about planning ahead of time and to be prepared at all times.

THERE ARE A FEW STEPS ONE CAN TAKE TO ENSURE THE SUCCESS OF THEIR STARTUP:

1. KNOW YOUR WORTH

A startup needs funds to operate and investors (or Venture Capitalists) are the ones who provide the funds. But, in order to do that, the investors need to know what the startup is worth. Interestingly, the investors are also the ones who determine the value of a particular business in the market.

Gauging your startup’s worth can be a tricky task especially when you’re just starting out, but it’s an important task nonetheless. Few are as fortunate as Twitter to have investors lined up without any real growth. Remember, even the micro-blogging site is struggling now. Sooner or later, the “growth bug” catches up to your startup.

Your value will not be defined by the data or facts as none exist in your case. However, you can let the investors know what you think you’re worth. As tempting as it sounds, glossing over important numbers to inflate the supposed value of your business can be fatal for the future of your startup.

Do your research, read up on similar companies’ value, factor in your location, and other such parameters. Having a financial projection for your product(s) will help sway the investors in your favor. However, it is not a replacement for actual data. Show them that there is a huge demand for your product and the capital will come knocking. You can also bring in someone with financial expertise into your startup to help ease the effort.

2. SAVE YOUR IP

Having a good product isn’t enough. Due to the nature of the competition in this fast-paced world, the winner takes it all. That is exactly why saving your work from legal entanglements should be a priority. Always file for patents as soon as possible. As soon as your product has a workable prototype, file the copyright claim. The US patent system favors the first person (or company) to file the patent rather than the first person to conceive the product.

Read More >> https://finepoint-design.com/7-steps-success-startups/