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.
Need a great new product really fast? Something unique, special, and with chances to succeed? Then keep reading!
There is a vast treasure trove of great ideas and many proven successes which lack one thing: an update to modern technology and/or modern materials. Sometimes their features weren't practical, or the right materials didn't exist, or the sensors weren't cheap enough, or the motors weren't strong enough. Games or toys might not have been accessible to the average person, but would be with an electronic update.
So, where can we find this treasure trove? How can we use it? Easy! Find expired patents using an online search by class/subclass using the patent office web site. Example: for toys, the Class is 446. Subclasses are by topic, for example 446/15 is for toys with soap bubbles. There are many unusual and exciting categories – you'll be amazed by what you see! Other classes are equally amazing.
You want to steps? Easy - go to the US Patent Office official site (www.uspto.gov). Click patents, which brings up a listing. Click the third item down, Classification. The topic you'll want for an index (i.e., word) search is “search USPC index schedule and definitions.” The topic for a classification search is on the right hand side about a fourth of the way down called “browse listing of USPC Class numbers and titles.”
Now, on to the actual search steps: on that site, click “search for patents” in uppermost right side of page. It is in the light text just above the box “Search our site”. In the blue text on the right half of the page, click on either the top link (USPTO full text and image database) or on the second link down (USPTO Patent Application full text and image database) depending on which type you want.
Choose a search option. The “Quick search” is the top option and always works well, but for a Class/subclass search you'll need to use the advanced search option (i.e., the second one down). In the box that appears, type ccl/class/subclass, and click search. For example, to find the above-noted soap bubble category, you'd type ccl/446/15 and click search. A listing of all patents in that category will appear.
Another good search area is that for special visual effects. For that, a good place to look is the “signs and displays” area, class 40. There are classes for containers, cards, jewelry, dispensers, clothing, and they all have things needing an update.
Read More >> http://internationalpatentservice.com/Yes-You-Can-Invent-Something-Great.html
Thursday, August 30, 2018
Wednesday, August 29, 2018
Patent Wars and Patent Trolling an Ukraine: Legal Aspects
By: Kydalov Igor
Intellectual property is one of the most valuable assets in today’s world, and the value of many businesses that are working with intellectual property are often much larger than the classical asset. Intellectual property is increasingly becoming the subject of unlawful harassment, violation of patent rules, patent wars and sometimes outright abuses in this area (the so-called patent troll), and this is not particularly surprising to everyone. This patent war and patent trolling have become quite a lucrative business. However, such activities are profitable only to patent trolls, these wars block the development of the war, entering new markets, lead to additional costs, and so on to the real economy, such as manufacturing, scientific research, sales and many other companies.
For example, one of the famous patent troll company NTP Inc. “earned” in the patent war with the company – manufacturer of Blackberry phones more than 600 million dollars, and another well-known patent troll VirnetX, which received a patent for video service technology, and as a result sued in loyal to the patent trolls Court (Texas court), won 368 million dollars from the company Apple. Also, statistics of proceedings between the companies show that more than half of the actions in the field of intellectual property is served by patent trolls.
Of course, neither governments of developed countries, nor large companies-manufacturers do not like. The greatest success in the area of the fight against patent trolls was reached in the United States, the government decided that the patent war should not be a way to enrich themselves because of imperfection of the legislation.
For example, March 16, 2013 the provisions of the so-called The Leahy – Smith America Invents Act came into force, aimed, first and foremost, at the complexity of the patenting procedure. The more difficult it is to obtain a patent for the patent trolls, the harder it is to come into litigation with real manufacturers. One of the most promising innovations is the right of third parties to influence the examination of applications in the case, for example, if the company had known about the patent troll applying for patenting an invention or utility model which, according to the company, does not meet the criteria of patentability, it may submit its study (prior art) and comments. Previously, such a study in the art could be applied only in limited circumstances and, moreover, without their comments. Changing the approach means that now the company can affect the patent office examination and, accordingly, the process of refusal in issuing patents to patent trolls. That is, the win in the situation VirnetX vs Apple would have been impossible: knowing that VirnetX applied for “used” or “obvious” video service technology, Apple would file to a patent office its study of the art and comments, from which it would be clear that patents on submitted applications can not be issued, which would lead to the failure of a patent VirnetX.
Another interesting innovation is the introduction of the aforementioned act of limitations on filing lawsuits against a group of defendants, namely forbidden to sue a group of defendants solely on the ground that each of them separately infringes the patent. This should stop the practice of patent trolls to sue not just to one defendant but to the whole group of respondents, that is to all market participants, with the aim not only to make money but to make a lot of money. Thus, by filing group actions patent trolls could block the work and development of the whole industry. One example of such abuse is a patent troll Xpoint Technologies, whose staff consists exclusively of lawyers, that filed the lawsuit against 30 companies, including Apple, AMD, Google, Hewlett – Packard, Microsoft.
But this is a global trend. The level of patent trolling in Ukraine is much smaller but has some specific features. Thus, patent trolling has several main areas of “work”:
1. Patenting some minor components, assemblies, parts, spare parts for equipment, with a view to issuing claims to real production companies that manufacture or import into the territory of Ukraine goods or products.
2. Registration in Ukraine of marks for goods, works and services, belonging to well-known manufacturing companies, followed by cybersquatting or not, for further complaints to real production companies who import goods or the products into the territory of Ukraine.
At the same time, we can not say that the current legislation of Ukraine in terms of intellectual property protection is backward or loose. This legislation is quite modern. But the level of corruption in government in general and in the field of intellectual property in particular is really big, and with a small sum of money it is not a problem to register, for example, a shovel to stir food, disposable lighter, a toothpick, one-time metal hangers for clothes, or head of spray liquids. Yes, these are all real-life situations, when the real producer receives claims and for a long time stopes its production. And in a situation with disposable metal hangers, any business, which imports to Ukraine clothes, has become a hostage, as all the clothes is equipped abroad with disposable metal hangers. The scheme of patent trolls is that the current legislation of Ukraine stipulates that during the import of goods, if it is claimed regarding intellectual property, such a product is arrested until a final court decision on the case of a patent troll. Such courts may take a long time, the goods may deteriorate, get out of fashion, and so on, but usually, after the arrest of the goods, according to the patent trolls they are offered to pay “compensation” for the prompt settlement of patent litigation or dispute about the brand. And although Ukrainian patent trolls is very liberal on the issue of pricing and they can only dream about the amount of hundreds millions of dollars in one case, but their actions seriously concern legitimate businesses and lead to tangible financial losses.
Read More >> http://kydalov-partners.com/patent-wars-and-patent-trolling-an-ukraine-legal-aspects/
Intellectual property is one of the most valuable assets in today’s world, and the value of many businesses that are working with intellectual property are often much larger than the classical asset. Intellectual property is increasingly becoming the subject of unlawful harassment, violation of patent rules, patent wars and sometimes outright abuses in this area (the so-called patent troll), and this is not particularly surprising to everyone. This patent war and patent trolling have become quite a lucrative business. However, such activities are profitable only to patent trolls, these wars block the development of the war, entering new markets, lead to additional costs, and so on to the real economy, such as manufacturing, scientific research, sales and many other companies.
For example, one of the famous patent troll company NTP Inc. “earned” in the patent war with the company – manufacturer of Blackberry phones more than 600 million dollars, and another well-known patent troll VirnetX, which received a patent for video service technology, and as a result sued in loyal to the patent trolls Court (Texas court), won 368 million dollars from the company Apple. Also, statistics of proceedings between the companies show that more than half of the actions in the field of intellectual property is served by patent trolls.
Of course, neither governments of developed countries, nor large companies-manufacturers do not like. The greatest success in the area of the fight against patent trolls was reached in the United States, the government decided that the patent war should not be a way to enrich themselves because of imperfection of the legislation.
For example, March 16, 2013 the provisions of the so-called The Leahy – Smith America Invents Act came into force, aimed, first and foremost, at the complexity of the patenting procedure. The more difficult it is to obtain a patent for the patent trolls, the harder it is to come into litigation with real manufacturers. One of the most promising innovations is the right of third parties to influence the examination of applications in the case, for example, if the company had known about the patent troll applying for patenting an invention or utility model which, according to the company, does not meet the criteria of patentability, it may submit its study (prior art) and comments. Previously, such a study in the art could be applied only in limited circumstances and, moreover, without their comments. Changing the approach means that now the company can affect the patent office examination and, accordingly, the process of refusal in issuing patents to patent trolls. That is, the win in the situation VirnetX vs Apple would have been impossible: knowing that VirnetX applied for “used” or “obvious” video service technology, Apple would file to a patent office its study of the art and comments, from which it would be clear that patents on submitted applications can not be issued, which would lead to the failure of a patent VirnetX.
Another interesting innovation is the introduction of the aforementioned act of limitations on filing lawsuits against a group of defendants, namely forbidden to sue a group of defendants solely on the ground that each of them separately infringes the patent. This should stop the practice of patent trolls to sue not just to one defendant but to the whole group of respondents, that is to all market participants, with the aim not only to make money but to make a lot of money. Thus, by filing group actions patent trolls could block the work and development of the whole industry. One example of such abuse is a patent troll Xpoint Technologies, whose staff consists exclusively of lawyers, that filed the lawsuit against 30 companies, including Apple, AMD, Google, Hewlett – Packard, Microsoft.
But this is a global trend. The level of patent trolling in Ukraine is much smaller but has some specific features. Thus, patent trolling has several main areas of “work”:
1. Patenting some minor components, assemblies, parts, spare parts for equipment, with a view to issuing claims to real production companies that manufacture or import into the territory of Ukraine goods or products.
2. Registration in Ukraine of marks for goods, works and services, belonging to well-known manufacturing companies, followed by cybersquatting or not, for further complaints to real production companies who import goods or the products into the territory of Ukraine.
At the same time, we can not say that the current legislation of Ukraine in terms of intellectual property protection is backward or loose. This legislation is quite modern. But the level of corruption in government in general and in the field of intellectual property in particular is really big, and with a small sum of money it is not a problem to register, for example, a shovel to stir food, disposable lighter, a toothpick, one-time metal hangers for clothes, or head of spray liquids. Yes, these are all real-life situations, when the real producer receives claims and for a long time stopes its production. And in a situation with disposable metal hangers, any business, which imports to Ukraine clothes, has become a hostage, as all the clothes is equipped abroad with disposable metal hangers. The scheme of patent trolls is that the current legislation of Ukraine stipulates that during the import of goods, if it is claimed regarding intellectual property, such a product is arrested until a final court decision on the case of a patent troll. Such courts may take a long time, the goods may deteriorate, get out of fashion, and so on, but usually, after the arrest of the goods, according to the patent trolls they are offered to pay “compensation” for the prompt settlement of patent litigation or dispute about the brand. And although Ukrainian patent trolls is very liberal on the issue of pricing and they can only dream about the amount of hundreds millions of dollars in one case, but their actions seriously concern legitimate businesses and lead to tangible financial losses.
Read More >> http://kydalov-partners.com/patent-wars-and-patent-trolling-an-ukraine-legal-aspects/
Tuesday, August 28, 2018
Let's Sue That Trademark 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 trademark. Now you want to rush out and sue them! Let's stop and talk about that for a minute.
Let's just mention that there can be a number of defenses to a trademark 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 trademark registration be challenged, or is it incontestible? Were you actually damaged? Is the alleged infringer's trademark really close enough to your trademark? Is the whole trademark infringed, or just part of it? Is your trademark a “word” mark or a logo (picture) mark?
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 not“intentional” (within the legal meaning of that term), then it can be very difficult to obtain meaningful damages. That's right, you can win the lawsuit and yet get little or no cash. The most common result of a successful trademark infringement lawsuit is an injunction – an order to stop the infringement. Even worse, the injunction sometimes gives the infringer ample time to use up their stock of infringing goods.
But, the above is for infringement that is not “intentional” – what if the infringer is intentionally infringing? That's different, and 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.
Even in a good case, with ample proof, it can be difficult to get a damage award that really compensates for the time and effort of litigation. Money is not the only cost of litigation. And, a damage award is not the same as actually receiving money, since defendants may not have assets to cover the damage award, may declare bankruptcy, and may even simply hide their money.
Read More >> http://internationalpatentservice.com/Lets-Sue-That-Trademark-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 trademark. Now you want to rush out and sue them! Let's stop and talk about that for a minute.
Let's just mention that there can be a number of defenses to a trademark 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 trademark registration be challenged, or is it incontestible? Were you actually damaged? Is the alleged infringer's trademark really close enough to your trademark? Is the whole trademark infringed, or just part of it? Is your trademark a “word” mark or a logo (picture) mark?
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 not“intentional” (within the legal meaning of that term), then it can be very difficult to obtain meaningful damages. That's right, you can win the lawsuit and yet get little or no cash. The most common result of a successful trademark infringement lawsuit is an injunction – an order to stop the infringement. Even worse, the injunction sometimes gives the infringer ample time to use up their stock of infringing goods.
But, the above is for infringement that is not “intentional” – what if the infringer is intentionally infringing? That's different, and 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.
Even in a good case, with ample proof, it can be difficult to get a damage award that really compensates for the time and effort of litigation. Money is not the only cost of litigation. And, a damage award is not the same as actually receiving money, since defendants may not have assets to cover the damage award, may declare bankruptcy, and may even simply hide their money.
Read More >> http://internationalpatentservice.com/Lets-Sue-That-Trademark-Infringer.html
Saturday, August 25, 2018
Bank of America has filed another patent application for a system that manages cryptocurrency storage in an enterprise environment
By: J.N.S.K.B Samuel
Home\Blockchain\Bank of America has filed another patent application for a system that manages cryptocurrency storage in an enterprise environment
By J.N.S.K.B Samuel AUG 24, 2018Bank of America has filed another patent application for a system that manages cryptocurrency storage in an enterprise environment BLOCKCHAIN, CRYPTOCURRENCY, NEWS, TECHNOLOGY 4 Total views No comments
Bank of America, the second-largest banking institution in the United States, has filed another patent application for a system that manages cryptocurrency storage in an enterprise environment.
Public documents published on Thursday by the U.S. Patent & Trademark Office (USPTO) show that the Charlotte, NC-based firm has furthered its research into securing private keys in an institutional organization. The company first applied for this patent in April.
The patent, which specifically details how a computing device would manage blockchain encryption tags, is the continuation of a proposal for a cryptocurrency online vault storage system that Bank of America first began developing in 2014.
The patent envisions a future in which cryptocurrency is widely adopted by the general public but that consumers still entrust their funds to custodians such as banks rather than maintaining their own private keys.
The authors wrote: “Enterprises may handle a large number of financial transactions on a daily basis. As technology advances, financial transactions involving cryptocurrency have become more common. For some enterprises, it may be desirable to securely store cryptocurrency.”
Along with corporate giants such as Walmart and IBM, Bank of America has been among the United States’ most prolific investors in blockchain research. The firm has applied for dozens of blockchain patents over the years, including quite a few that involve cryptocurrency in some capacity.
In addition to its online vault storage system, the bank also applied for a patent for a cold storage system, as well as systems through which it could facilitate cryptocurrency payments and real-time conversion.
However, that’s not to say the bank is bullish on bitcoin and its peers, at least in their present, decentralized forms. Bank of America executives have criticized bitcoin on multiple occasions, saying at various times that it is a “troubling” payment system and that investors should not be optimistic about its potential as a speculative investment.
The firm has also barred customers from using Bank of America-issued credit cards to purchase cryptocurrencies.
Nevertheless, the bank admitted in its latest annual report that cryptocurrency adoption is a threat to its business model.
Source >> https://cryptorethink.com/bank-of-america-has-filed-another-patent-application-for-a-system-that-manages-cryptocurrency-storage-in-an-enterprise-environment/
Home\Blockchain\Bank of America has filed another patent application for a system that manages cryptocurrency storage in an enterprise environment
By J.N.S.K.B Samuel AUG 24, 2018Bank of America has filed another patent application for a system that manages cryptocurrency storage in an enterprise environment BLOCKCHAIN, CRYPTOCURRENCY, NEWS, TECHNOLOGY 4 Total views No comments
Bank of America, the second-largest banking institution in the United States, has filed another patent application for a system that manages cryptocurrency storage in an enterprise environment.
Public documents published on Thursday by the U.S. Patent & Trademark Office (USPTO) show that the Charlotte, NC-based firm has furthered its research into securing private keys in an institutional organization. The company first applied for this patent in April.
The patent, which specifically details how a computing device would manage blockchain encryption tags, is the continuation of a proposal for a cryptocurrency online vault storage system that Bank of America first began developing in 2014.
The patent envisions a future in which cryptocurrency is widely adopted by the general public but that consumers still entrust their funds to custodians such as banks rather than maintaining their own private keys.
The authors wrote: “Enterprises may handle a large number of financial transactions on a daily basis. As technology advances, financial transactions involving cryptocurrency have become more common. For some enterprises, it may be desirable to securely store cryptocurrency.”
Along with corporate giants such as Walmart and IBM, Bank of America has been among the United States’ most prolific investors in blockchain research. The firm has applied for dozens of blockchain patents over the years, including quite a few that involve cryptocurrency in some capacity.
In addition to its online vault storage system, the bank also applied for a patent for a cold storage system, as well as systems through which it could facilitate cryptocurrency payments and real-time conversion.
However, that’s not to say the bank is bullish on bitcoin and its peers, at least in their present, decentralized forms. Bank of America executives have criticized bitcoin on multiple occasions, saying at various times that it is a “troubling” payment system and that investors should not be optimistic about its potential as a speculative investment.
The firm has also barred customers from using Bank of America-issued credit cards to purchase cryptocurrencies.
Nevertheless, the bank admitted in its latest annual report that cryptocurrency adoption is a threat to its business model.
Source >> https://cryptorethink.com/bank-of-america-has-filed-another-patent-application-for-a-system-that-manages-cryptocurrency-storage-in-an-enterprise-environment/
Thursday, August 23, 2018
What Does A Trademark Lawsuit Cost?
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.
Trademark infringement is a highly charged subject, and I have seen how it affects the trademark owner. A lawsuit would seem like a wonderful solution. But, what should it cost?
Though I have heard many numbers, it is all just hearsay. Even so, it may be helpful to say it.
A very small law firm or individual attorney will often charge less than a large firm. I have heard stories wherein a plaintiff might pay somewhere between 10k and 30k, depending on if/when it settles. Higher numbers are possible when it goes to trial and there are many issues. Is this a good value? That depends – if you can only afford that much, then there's simply no choice.
A big company practically must use a large law firm for its reputation and size. There is great variation, but one should expect to pay for that large size and reputation. I have heard a number of experienced litigators say to simply add a zero to the numbers used for a small law firm. Is it worth it? That depends, but I have seen examples where it was well worth having a large firm do the litigation.
Where's that money go, anyway? Well, a portion goes to filing or answering the Complaint; attending to discovery and motions related to discovery; depositions and court reporter costs; various court hearings where attendance is required; and finally for the trial itself (if it goes that far).
If you're the plaintiff, you'll have some control over the costs. If you raise more issues, then the cost will be higher. Or, if you challenge everything using Motions, then your costs will skyrocket.
If you're the defendant, and the issues are simple, and you are confident of winning, costs tend to be much less. If you're the defendant, the issues are complex, and you fear you might lose, then costs tend to skyrocket. I have heard anecdotal reports of costs exceeding 300k in such cases.
Read More >> http://internationalpatentservice.com/What-Does-A-Trademark-Lawsuit-Cost.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.
Trademark infringement is a highly charged subject, and I have seen how it affects the trademark owner. A lawsuit would seem like a wonderful solution. But, what should it cost?
Though I have heard many numbers, it is all just hearsay. Even so, it may be helpful to say it.
A very small law firm or individual attorney will often charge less than a large firm. I have heard stories wherein a plaintiff might pay somewhere between 10k and 30k, depending on if/when it settles. Higher numbers are possible when it goes to trial and there are many issues. Is this a good value? That depends – if you can only afford that much, then there's simply no choice.
A big company practically must use a large law firm for its reputation and size. There is great variation, but one should expect to pay for that large size and reputation. I have heard a number of experienced litigators say to simply add a zero to the numbers used for a small law firm. Is it worth it? That depends, but I have seen examples where it was well worth having a large firm do the litigation.
Where's that money go, anyway? Well, a portion goes to filing or answering the Complaint; attending to discovery and motions related to discovery; depositions and court reporter costs; various court hearings where attendance is required; and finally for the trial itself (if it goes that far).
If you're the plaintiff, you'll have some control over the costs. If you raise more issues, then the cost will be higher. Or, if you challenge everything using Motions, then your costs will skyrocket.
If you're the defendant, and the issues are simple, and you are confident of winning, costs tend to be much less. If you're the defendant, the issues are complex, and you fear you might lose, then costs tend to skyrocket. I have heard anecdotal reports of costs exceeding 300k in such cases.
Read More >> http://internationalpatentservice.com/What-Does-A-Trademark-Lawsuit-Cost.html
Wednesday, August 22, 2018
Electronics Inventions Facing Patent Legal Adversity – Surprisingly Good News For Your Inventive Electronics!
By: Michael J Foycik Jr.
August 4, 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 may already know the patent hurdles facing inventions related to electonics. Over the last few years, the federal appellate courts have sharply limited what is and is not a patentable electronic invention.
At one major example, the case In re Bilski limited electronics and software claims to those that require hardware. Here's a very short listing of objections that have recently been seen: mere data-gathering is not a sufficient role for the device; the device is not truly needed to execute the invention and merely carries out the steps; and the device employs transformative steps that require no particular machine. Those are major hurdles to overcome. Yet, there are more such hurdles.
But, that's actually very good news for inventors in electronics! With fewer patents, it is easier for a new one to dominate a valuable technical area. Or, if you have a late inventive entry into a field and worry that you may be too late, an absence of patents could allow you in. And, of course, your invention may be the one to prevail, if your attorney knows what to do.
Any why is any of the above good news? Simple – most of the problems are in how the invention is being claimed, not in the invention itself. Many times, the invention itself could well be patentable, if claimed correctly. If your patent attorney knows the case law, you could do well!
Here's an example of what the knowledgeable patent attorney can put into a good claim. For a method claim using a computer or electronic hardware, the claim should recite a step of providing the computer or electronic hardware. But that's not usually enough: it also helps to add something worthwhile about the computer or electronic hardware into the preaamble of the claim.
Read More >> http://internationalpatentservice.com/Electronics-Inventions-Facing-Patent-Legal-Adversity.html
August 4, 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 may already know the patent hurdles facing inventions related to electonics. Over the last few years, the federal appellate courts have sharply limited what is and is not a patentable electronic invention.
At one major example, the case In re Bilski limited electronics and software claims to those that require hardware. Here's a very short listing of objections that have recently been seen: mere data-gathering is not a sufficient role for the device; the device is not truly needed to execute the invention and merely carries out the steps; and the device employs transformative steps that require no particular machine. Those are major hurdles to overcome. Yet, there are more such hurdles.
But, that's actually very good news for inventors in electronics! With fewer patents, it is easier for a new one to dominate a valuable technical area. Or, if you have a late inventive entry into a field and worry that you may be too late, an absence of patents could allow you in. And, of course, your invention may be the one to prevail, if your attorney knows what to do.
Any why is any of the above good news? Simple – most of the problems are in how the invention is being claimed, not in the invention itself. Many times, the invention itself could well be patentable, if claimed correctly. If your patent attorney knows the case law, you could do well!
Here's an example of what the knowledgeable patent attorney can put into a good claim. For a method claim using a computer or electronic hardware, the claim should recite a step of providing the computer or electronic hardware. But that's not usually enough: it also helps to add something worthwhile about the computer or electronic hardware into the preaamble of the claim.
Read More >> http://internationalpatentservice.com/Electronics-Inventions-Facing-Patent-Legal-Adversity.html
Tuesday, August 21, 2018
SIMPLE BUT POWERFUL TIPS FOR NAMING YOUR BUSINESS OR STARTUP
By: Amos Onwukwe
A name is a label by which animate or inanimate things are called or referenced. When we think about names, pictures or qualities are evoked from the good to the grotesque. For instance, KFC reminds us of delightsome delicacies, war on the other hand; hunger, starvation. The same applies to businesses. Therefore a good business name and slogan are key. They convey the right message to customers convincing them to do business with you.
A bad or poor business name choice on the other hand, can scare customers, fail to communicate your core business, and cause you to lose “buy mode” customers, none of which you want for your business. Your business name is as important as a good business tax regimen.
As an entrepreneur or business owner, your brain child deserves a befitting name. For this reason great care should be exercised when deciding on a campaign or business name.
Thankfully, this article shows you five (5) simple but powerful tips on how to get your business name right, but first,
WHAT IS A BUSINESS NAME?
DBA (doing business as) name is the alias or moniker with which you do business other than your registered legal business name. In other words, your other or alternative business name. This is the name by which the general public know and address your business.
Okay, you say.
So,
WHAT’S IN A BUSINESS NAME?
Quite a bunch I’d say. To put it in perspective, Cars.Com recently sold for a massive $832m! There are other examples of big domain name sales running into millions of dollars each.
Think frugal entrepreneurs would splash millions on such on an “unimportant” thing as a name?
Think again, and while you’re at it, here are,
SOME BENEFITS OF GOOD BUSINESS NAMES
A good business or startup name sets the right tone for your business and comes with some of the following benefits:
> Brand awareness
> Brand recognition
> Brand recall
> Brand love
> Brand followership
> Brand loyalty
These can increase patronage for your brand, product or services directly or indirectly.
ANOTHER BENEFIT OF GETTING BUSINESS NAME RIGHT FROM THE START
Perhaps one of the biggest reasons why you should get your business name right from day one is continuity. Several businesses on scaling realize that their original name isn’t reflective of their new status.
At this point they shop for a new, more apt business name, and oftentimes this doesn’t come cheap. Depending on your vertical, total cost of business name change can run into millions of dollars like the attempt to change UTA to TDU.
5 SIMPLE BUT POWERFUL BUSINESS NAMING TIPS
1) Make it Flexible and Extendable:
A good business name should be flexible and extendable: able to accommodate a growing portfolio of additional products, services or territories.
Nearly every business owner I know wants growth, but many by their business naming practices unknowingly sabotage this by selecting business or company names that put a cap on business expansion.
Some select geographically restrictive or nonspecific terms as business name. What happens when “London Glass Company” needs to expand to Montreal or broaden into leather or software production?
This would likely necessitate business name change with its associated rebranding costs.
2) Keep it Short and Sweet:
When brainstorming business or startup name ideas, always have brand recall in mind. How easily will people identify, spell, pronounce or recall your brand or business names.
If it is hard to spell, it would be hard to pronounce or recall in the event of a need. Choosing a business name that is easy to spell and pronounce will aid recall.
There are millions of businesses out there, perhaps hundreds of thousands in your industry, a good business name will get you more easily noticed. A name like “Jack Wells” will likely fare better than “Zxymograeb”.
Also, think about your website address. For instance www dot jackwells dot com is easier said than www dot zxymograeb dot com. Do you have to spell yours every time to new and even old customers?
A good business name should be easily, effortlessly, effectively articulated, and spellable from a telephone conversation, radio commercial or word of mouth recommendation. Also a few syllables is generally better than a lot.
Read More >> http://thestartupmag.com/simple-powerful-tips-naming-business-startup/
A name is a label by which animate or inanimate things are called or referenced. When we think about names, pictures or qualities are evoked from the good to the grotesque. For instance, KFC reminds us of delightsome delicacies, war on the other hand; hunger, starvation. The same applies to businesses. Therefore a good business name and slogan are key. They convey the right message to customers convincing them to do business with you.
A bad or poor business name choice on the other hand, can scare customers, fail to communicate your core business, and cause you to lose “buy mode” customers, none of which you want for your business. Your business name is as important as a good business tax regimen.
As an entrepreneur or business owner, your brain child deserves a befitting name. For this reason great care should be exercised when deciding on a campaign or business name.
Thankfully, this article shows you five (5) simple but powerful tips on how to get your business name right, but first,
WHAT IS A BUSINESS NAME?
DBA (doing business as) name is the alias or moniker with which you do business other than your registered legal business name. In other words, your other or alternative business name. This is the name by which the general public know and address your business.
Okay, you say.
So,
WHAT’S IN A BUSINESS NAME?
Quite a bunch I’d say. To put it in perspective, Cars.Com recently sold for a massive $832m! There are other examples of big domain name sales running into millions of dollars each.
Think frugal entrepreneurs would splash millions on such on an “unimportant” thing as a name?
Think again, and while you’re at it, here are,
SOME BENEFITS OF GOOD BUSINESS NAMES
A good business or startup name sets the right tone for your business and comes with some of the following benefits:
> Brand awareness
> Brand recognition
> Brand recall
> Brand love
> Brand followership
> Brand loyalty
These can increase patronage for your brand, product or services directly or indirectly.
ANOTHER BENEFIT OF GETTING BUSINESS NAME RIGHT FROM THE START
Perhaps one of the biggest reasons why you should get your business name right from day one is continuity. Several businesses on scaling realize that their original name isn’t reflective of their new status.
At this point they shop for a new, more apt business name, and oftentimes this doesn’t come cheap. Depending on your vertical, total cost of business name change can run into millions of dollars like the attempt to change UTA to TDU.
5 SIMPLE BUT POWERFUL BUSINESS NAMING TIPS
1) Make it Flexible and Extendable:
A good business name should be flexible and extendable: able to accommodate a growing portfolio of additional products, services or territories.
Nearly every business owner I know wants growth, but many by their business naming practices unknowingly sabotage this by selecting business or company names that put a cap on business expansion.
Some select geographically restrictive or nonspecific terms as business name. What happens when “London Glass Company” needs to expand to Montreal or broaden into leather or software production?
This would likely necessitate business name change with its associated rebranding costs.
2) Keep it Short and Sweet:
When brainstorming business or startup name ideas, always have brand recall in mind. How easily will people identify, spell, pronounce or recall your brand or business names.
If it is hard to spell, it would be hard to pronounce or recall in the event of a need. Choosing a business name that is easy to spell and pronounce will aid recall.
There are millions of businesses out there, perhaps hundreds of thousands in your industry, a good business name will get you more easily noticed. A name like “Jack Wells” will likely fare better than “Zxymograeb”.
Also, think about your website address. For instance www dot jackwells dot com is easier said than www dot zxymograeb dot com. Do you have to spell yours every time to new and even old customers?
A good business name should be easily, effortlessly, effectively articulated, and spellable from a telephone conversation, radio commercial or word of mouth recommendation. Also a few syllables is generally better than a lot.
Read More >> http://thestartupmag.com/simple-powerful-tips-naming-business-startup/
Monday, August 20, 2018
NDAs: Trick or Treat - Do They Help, and Should You Want One?
By: Michael J Foycik Jr.
June 21, 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, you've probably seen an NDA (Non-Disclosure Agreement). Do NDAs really help? And, can NDAs be enforced? Is there anything tricky there? Good questions, and you might be surprised by the answers!
It would help to know that an NDA covers trade secrets. Yes, you want to show your invention to someone, and that invention is covered by a patent application. But, that means your invention is a trade secret (assuming you haven't already published it already). So, your invention can also be your trade secret.
If your invention is stolen (misappropriated), you would probably prefer tort damages, instead of contract damages or patent damages. Here's why: tort damages can be punitive in nature and can therefore be big even when the infraction is small. Contract damages tend to be limited to the provable amount of money lost (there are exceptions). Patent damages cover actual infringement situations, provide a percentage of the lost profits (as one example, and there are exceptions), and require an issued patent. Every case is different, and the above is just a rough guide – you'll need to talk with a lawyer for specific advice. Note that an NDA is a contract and often specifies the damages and the law to be applied.
Here's the tricky surprise for the unwary: An NDA on its face seems to be a way to switch from trade secret damages to contract damages. The inventor, i.e. the trade secret owner, may very well not be too happy about that. Companies that want to look at inventors' trade secrets probably should like NDAs, and that's just what we often see.
Does an NDA really take away trade secret rights? That's hard to tell exactly, as it may well depend on the specifics of the situation. One may well expect an uphill fight to get trade secret damages if an NDA is involved.
It actual practice, let's say there is a minor breach of the inventor's trade secret rights (i.e., “the idea is stolen”). Trade secret damages could be quite high, especially where intent is proven. Contract damages are often limited to the actual harm such as lost profits, or to an amount specified in the NDA.
By way of contrast, if that breach were to be covered under patent law, damages would probably be relatively small (a percentage of the profits or the selling price). One could easily lose money trying to enforce patent rights in that case.
In theory, an NDA means the recipient can't show anyone. And, since it is normally a signed agreement, it is also a contract. First surprise! That means it intends that the transaction is to be covered by contract law, not trade secret law. Big difference!
Read More >> http://internationalpatentservice.com/Trick-or-Treat.html
June 21, 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, you've probably seen an NDA (Non-Disclosure Agreement). Do NDAs really help? And, can NDAs be enforced? Is there anything tricky there? Good questions, and you might be surprised by the answers!
It would help to know that an NDA covers trade secrets. Yes, you want to show your invention to someone, and that invention is covered by a patent application. But, that means your invention is a trade secret (assuming you haven't already published it already). So, your invention can also be your trade secret.
If your invention is stolen (misappropriated), you would probably prefer tort damages, instead of contract damages or patent damages. Here's why: tort damages can be punitive in nature and can therefore be big even when the infraction is small. Contract damages tend to be limited to the provable amount of money lost (there are exceptions). Patent damages cover actual infringement situations, provide a percentage of the lost profits (as one example, and there are exceptions), and require an issued patent. Every case is different, and the above is just a rough guide – you'll need to talk with a lawyer for specific advice. Note that an NDA is a contract and often specifies the damages and the law to be applied.
Here's the tricky surprise for the unwary: An NDA on its face seems to be a way to switch from trade secret damages to contract damages. The inventor, i.e. the trade secret owner, may very well not be too happy about that. Companies that want to look at inventors' trade secrets probably should like NDAs, and that's just what we often see.
Does an NDA really take away trade secret rights? That's hard to tell exactly, as it may well depend on the specifics of the situation. One may well expect an uphill fight to get trade secret damages if an NDA is involved.
It actual practice, let's say there is a minor breach of the inventor's trade secret rights (i.e., “the idea is stolen”). Trade secret damages could be quite high, especially where intent is proven. Contract damages are often limited to the actual harm such as lost profits, or to an amount specified in the NDA.
By way of contrast, if that breach were to be covered under patent law, damages would probably be relatively small (a percentage of the profits or the selling price). One could easily lose money trying to enforce patent rights in that case.
In theory, an NDA means the recipient can't show anyone. And, since it is normally a signed agreement, it is also a contract. First surprise! That means it intends that the transaction is to be covered by contract law, not trade secret law. Big difference!
Read More >> http://internationalpatentservice.com/Trick-or-Treat.html
Sunday, August 19, 2018
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.
Contents [hide]
1 There are a few steps one can take to ensure the success of their startup:
1.1 Know your worth
1.2 Save your IP
1.3 Keep your eyes on the prize
1.4 Be lean
1.5 Understand your market
1.6 Be prepared to pivot but try to avoid it
1.7 Surround yourself with capable people
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.
Filing the copyright doesn’t only thwart competitors from infringing on your ideas, it also instills confidence in your investors. Patent approval is a long and arduous process and can take up to two years to complete. Thus, filing the application is only half the battle won. You need to continue developing the product while your application is being processed. Also, keep the product (or design) in question out of the spotlight.
Intellectual Property (IP) is an important asset that you’re going to want on your side. But, it is not the be-all and end-all. IP is barely the means to achieve your actual target. Bill Gates is reported to have once said: “Intellectual property has the shelf life of a banana.” And it stands true. You must keep developing the product and again file for copyright as it evolves.
3. KEEP YOUR EYES ON THE PRIZE
It is very easy to deviate from the defining goal of the company. A tempting new technology may come along that sways you away from your ambition. Do not let that happen. Your target should represent the ethos that your startup is running on. The ambition of your goal should be set in stone. Every employee in the startup should be reminded of the goal and their contribution to it.
An agile strategy for achieving the goal is vital to the growth of your company. Lay out a detailed approach to attain your startup’s objective. Set short-term goals, which, in turn, help in accomplishing the long-term ones.
A daily achievable target must be set for every employee with a reasonable increase in productivity expected every month. A team meeting should be set up every few days to establish what has been achieved and what remains. The areas in which things are going wrong must also be brought to the fore.
Read More >> https://finepoint-design.com/7-steps-success-startups/
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.
Contents [hide]
1 There are a few steps one can take to ensure the success of their startup:
1.1 Know your worth
1.2 Save your IP
1.3 Keep your eyes on the prize
1.4 Be lean
1.5 Understand your market
1.6 Be prepared to pivot but try to avoid it
1.7 Surround yourself with capable people
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.
Filing the copyright doesn’t only thwart competitors from infringing on your ideas, it also instills confidence in your investors. Patent approval is a long and arduous process and can take up to two years to complete. Thus, filing the application is only half the battle won. You need to continue developing the product while your application is being processed. Also, keep the product (or design) in question out of the spotlight.
Intellectual Property (IP) is an important asset that you’re going to want on your side. But, it is not the be-all and end-all. IP is barely the means to achieve your actual target. Bill Gates is reported to have once said: “Intellectual property has the shelf life of a banana.” And it stands true. You must keep developing the product and again file for copyright as it evolves.
3. KEEP YOUR EYES ON THE PRIZE
It is very easy to deviate from the defining goal of the company. A tempting new technology may come along that sways you away from your ambition. Do not let that happen. Your target should represent the ethos that your startup is running on. The ambition of your goal should be set in stone. Every employee in the startup should be reminded of the goal and their contribution to it.
An agile strategy for achieving the goal is vital to the growth of your company. Lay out a detailed approach to attain your startup’s objective. Set short-term goals, which, in turn, help in accomplishing the long-term ones.
A daily achievable target must be set for every employee with a reasonable increase in productivity expected every month. A team meeting should be set up every few days to establish what has been achieved and what remains. The areas in which things are going wrong must also be brought to the fore.
Read More >> https://finepoint-design.com/7-steps-success-startups/
Saturday, August 18, 2018
Great Ways to Invent – Get Incredible Features In Your Invention
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.
You want your invention to become a really successful product. You want it to be patentable. But you're not sure how. No problem! Here is one of the best ways to do it.
You'll first want to find unusual new things – products or novelties in search of a use. You want really great things, the kind that will inspire your creativity: new electronics, new compounds, new physics, and novel compositions with unusual features.
Those things are easy to find in the patent category for toys and novelties, because that is the haven for inventions in search of utility. Why? Because of the US Patent requirement for utility: no utility, no patent. So, if your utility is unknown, yet the invention seems interesting in some way, the easiest utility is as a toy or amusement device.
But how can you see those things conveniently? That's so easy – use an online search by class/subclass using the patent office web site. At the US Patent Office site, do a search by Class/Subclass. For toys, the Class is 446. Subclasses are by topic, for example 446/15 is for toys with soap bubbles.
You can find a topic by an index search, or by a manual of classification search. The steps are as follows. Go to the US Patent Office official site (www.uspto.gov). Click patents, which brings up a listing. Click the third item down, Classification. The topic you'll want for an index (word) search is “search USPC index schedule and definitions”, and the topic for a classification search is on the right hand side about a fourth of the way down called “browse listing of USPC Class numbers and titles.”
Read More >> http://internationalpatentservice.com/Great-Ways-to-Invent-Get-Incredible-Features-In-Your-Invention.html
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
You want your invention to become a really successful product. You want it to be patentable. But you're not sure how. No problem! Here is one of the best ways to do it.
You'll first want to find unusual new things – products or novelties in search of a use. You want really great things, the kind that will inspire your creativity: new electronics, new compounds, new physics, and novel compositions with unusual features.
Those things are easy to find in the patent category for toys and novelties, because that is the haven for inventions in search of utility. Why? Because of the US Patent requirement for utility: no utility, no patent. So, if your utility is unknown, yet the invention seems interesting in some way, the easiest utility is as a toy or amusement device.
But how can you see those things conveniently? That's so easy – use an online search by class/subclass using the patent office web site. At the US Patent Office site, do a search by Class/Subclass. For toys, the Class is 446. Subclasses are by topic, for example 446/15 is for toys with soap bubbles.
You can find a topic by an index search, or by a manual of classification search. The steps are as follows. Go to the US Patent Office official site (www.uspto.gov). Click patents, which brings up a listing. Click the third item down, Classification. The topic you'll want for an index (word) search is “search USPC index schedule and definitions”, and the topic for a classification search is on the right hand side about a fourth of the way down called “browse listing of USPC Class numbers and titles.”
Read More >> http://internationalpatentservice.com/Great-Ways-to-Invent-Get-Incredible-Features-In-Your-Invention.html
Cannabis Extract Patent Assertion Underscores Issue of Limited Prior Art for Marijuana Inventions
By: Steve Brachmann
August 7, 2018
On July 30th, Golden, CO-based medical marijuana biotech firm United Cannabis Corporation filed a suit alleging patent infringement claims against Conifer, CO-based wellness company Pure Hemp Collective. The suit, filed in the District of Colorado, involves the assertion of cannabis patent claims which cover liquid formulations of highly enriched extracts of plant cannabinoids.
The patent at issue in this case is U.S. Patent No. 9730911, titled Cannabis Extracts and Methods of Preparing and Using Same. Issued last August, it claims a liquid cannabinoid formulation wherein at least 95 percent of the total cannabinoids is tetrahydrocannabinolic acid (THCa). The resulting invention addresses the need for providing more effective and safer cannabis extracts for medical uses through an extraction procedure that provides the desired active ingredients for the medical purpose.
In its suit, United Cannabis notes that it has been involved in the medical cannabis industry for nearly 20 years. The company’s proprietary technology includes the use of suspending both phytocannabinoids, chemical compounds which treat conditions and diseases by imitating compounds in the human body that mediate communication between cells, and cannabinoids with or without specific combinations of cannabis-derived fragrant oils. United Cannabis practices the ‘911 patent in its line of Prana Bio Nutrient Medicinals products which are useful in the alleviation the symptoms of various conditions such as chronic pain, neuropathy, Crohn’s Disease, post-traumatic stress disorder, epilepsy, autoimmune disorders and more.
United Cannabis alleges that Pure Hemp has engaged in willful infringement of the ‘911 patent. Pure Hemp’s Vina Bell 5000mg product, which was purchased and tested for chemical composition by United Cannabis, contains a cannabinoid formulation which allegedly infringe upon at least claim 10 of the ‘911 patent, which claims a cannabinoid formulation wherein at least 95 percent of the cannabinoids is cannabidiol (CBD). United Cannabis attempted to engage Pure Hemp in licensing discussions in early May of this year but Pure Hemp continues to sell the allegedly infringing products without a license.
Such a case is interesting because of the unusual legal status of marijuana and cannabis products which creates a dichotomy in how such products are treated in the intellectual property sphere. Although cannabis-related formulations and products can be patented, the Schedule I status of marijuana under the Controlled Substances Act usually leads to the rejection of marijuana-related trademark applications. According to Neil Juneja of Gleam Law, there is no double standard where it comes to the availability of patents or trademarks for cannabis products. “Just because the patent and trademark offices are in the same building doesn’t mean they draw their power from the same constitutional provision,” he said. Whereas patent grants are derived from Article 1, Section 8, Clause 8 of the U.S. Constitution, Congress’ ability to grant trademarks comes from the Commerce Clause at Article 1, Section 8, Clause 3. “Trademarks require the legal use of the mark on commerce whereas patents don’t, they just have to claim a usefulness. One is requires use, the other is an exclusionary right,” Juneja said.
Juneja had serious doubts, however, that the patent at issue in this case filed by United Cannabis would survive a validity challenge. “As far as the claims are concerned, I’ve never seen a weaker cannabis patent in my life,” he said. “All they did was take one secondary metabolite of cannabis and create the broadest independent claim.” Juneja said that there were a great many products in the cannabis market providing a THC concentration of 95 percent and that such products have been made for two generations. “All it takes is pouring some alcohol over cannabis to get a THC concentration in excess of 95 percent. You can do it at home if you buy some Everclear. I don’t understand how that could be considered patentable.”
Read More >> http://www.ipwatchdog.com/2018/08/07/cannabis-patent-assertion-underscores-issue-limited-prior-art-marijuana-inventions/id=99980/
August 7, 2018
On July 30th, Golden, CO-based medical marijuana biotech firm United Cannabis Corporation filed a suit alleging patent infringement claims against Conifer, CO-based wellness company Pure Hemp Collective. The suit, filed in the District of Colorado, involves the assertion of cannabis patent claims which cover liquid formulations of highly enriched extracts of plant cannabinoids.
The patent at issue in this case is U.S. Patent No. 9730911, titled Cannabis Extracts and Methods of Preparing and Using Same. Issued last August, it claims a liquid cannabinoid formulation wherein at least 95 percent of the total cannabinoids is tetrahydrocannabinolic acid (THCa). The resulting invention addresses the need for providing more effective and safer cannabis extracts for medical uses through an extraction procedure that provides the desired active ingredients for the medical purpose.
In its suit, United Cannabis notes that it has been involved in the medical cannabis industry for nearly 20 years. The company’s proprietary technology includes the use of suspending both phytocannabinoids, chemical compounds which treat conditions and diseases by imitating compounds in the human body that mediate communication between cells, and cannabinoids with or without specific combinations of cannabis-derived fragrant oils. United Cannabis practices the ‘911 patent in its line of Prana Bio Nutrient Medicinals products which are useful in the alleviation the symptoms of various conditions such as chronic pain, neuropathy, Crohn’s Disease, post-traumatic stress disorder, epilepsy, autoimmune disorders and more.
United Cannabis alleges that Pure Hemp has engaged in willful infringement of the ‘911 patent. Pure Hemp’s Vina Bell 5000mg product, which was purchased and tested for chemical composition by United Cannabis, contains a cannabinoid formulation which allegedly infringe upon at least claim 10 of the ‘911 patent, which claims a cannabinoid formulation wherein at least 95 percent of the cannabinoids is cannabidiol (CBD). United Cannabis attempted to engage Pure Hemp in licensing discussions in early May of this year but Pure Hemp continues to sell the allegedly infringing products without a license.
Such a case is interesting because of the unusual legal status of marijuana and cannabis products which creates a dichotomy in how such products are treated in the intellectual property sphere. Although cannabis-related formulations and products can be patented, the Schedule I status of marijuana under the Controlled Substances Act usually leads to the rejection of marijuana-related trademark applications. According to Neil Juneja of Gleam Law, there is no double standard where it comes to the availability of patents or trademarks for cannabis products. “Just because the patent and trademark offices are in the same building doesn’t mean they draw their power from the same constitutional provision,” he said. Whereas patent grants are derived from Article 1, Section 8, Clause 8 of the U.S. Constitution, Congress’ ability to grant trademarks comes from the Commerce Clause at Article 1, Section 8, Clause 3. “Trademarks require the legal use of the mark on commerce whereas patents don’t, they just have to claim a usefulness. One is requires use, the other is an exclusionary right,” Juneja said.
Juneja had serious doubts, however, that the patent at issue in this case filed by United Cannabis would survive a validity challenge. “As far as the claims are concerned, I’ve never seen a weaker cannabis patent in my life,” he said. “All they did was take one secondary metabolite of cannabis and create the broadest independent claim.” Juneja said that there were a great many products in the cannabis market providing a THC concentration of 95 percent and that such products have been made for two generations. “All it takes is pouring some alcohol over cannabis to get a THC concentration in excess of 95 percent. You can do it at home if you buy some Everclear. I don’t understand how that could be considered patentable.”
Read More >> http://www.ipwatchdog.com/2018/08/07/cannabis-patent-assertion-underscores-issue-limited-prior-art-marijuana-inventions/id=99980/
Thursday, August 16, 2018
Costly Misconceptions About NDA's (Non-Disclosure Agreements)
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.
By Michael Foycik
June 3, 2013
You (the owner) has an invention, a business idea, or a trade secret. To develop your invention, start a business, or talk with investors, you'll need to share information with these recipients, and you'll want protection before showing them anything. Many think an NDA (Non-Disclosure Agreement) will solve this problem, but there are major pitfalls to avoid. And, an NDA might not be the best solution anyway.
The biggest misconception, in my view: an NDA is intended to protect and help the owner of the invention, business idea, or trade secret. An NDA is much more likely to protect the recipient of the information, and not the owner. Let's see why that may be true.
Many NDA's provide for arbitration as a remedy rather than litigation, but that only benefits the richer party. Why? A court action can be filed for free or at very low cost, but an arbitration usually requires the payment of substantial fees up front, and more fees at later stages. When the recipient is a relatively substantial corporation or business, such fees may seem small, but to an individual or small businessperson such fees may be too great and they cannot enforce the NDA.
Normally, large companies fear litigation, and that is incentive for them to keep honest.
Another misconception: all NDA's are alike. Not at all. Each has to be studied in detail, because
many NDA's have fine print that lets the recipient off the hook. I have reviewed many NDA's over the years, and have found serious flaws in most of them: the legalese unbinds the recipient one way or another. Some unbind the recipient after a period of time, while others grant rights to the recipient. Some are written to be so confusing that they defy interpretation.
And, there is the misconception that an NDA is the best solution for safeguarding your rights. Often it is not. Keeping the information as a trade secret can be very effective due to the possibility of punitive damages when enforced by a court. There are steps that can readily be taken to secure and document trade secret status.
Read More >> http://internationalpatentservice.com/Costly-Misconceptions-About-NDA.html
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
By Michael Foycik
June 3, 2013
You (the owner) has an invention, a business idea, or a trade secret. To develop your invention, start a business, or talk with investors, you'll need to share information with these recipients, and you'll want protection before showing them anything. Many think an NDA (Non-Disclosure Agreement) will solve this problem, but there are major pitfalls to avoid. And, an NDA might not be the best solution anyway.
The biggest misconception, in my view: an NDA is intended to protect and help the owner of the invention, business idea, or trade secret. An NDA is much more likely to protect the recipient of the information, and not the owner. Let's see why that may be true.
Many NDA's provide for arbitration as a remedy rather than litigation, but that only benefits the richer party. Why? A court action can be filed for free or at very low cost, but an arbitration usually requires the payment of substantial fees up front, and more fees at later stages. When the recipient is a relatively substantial corporation or business, such fees may seem small, but to an individual or small businessperson such fees may be too great and they cannot enforce the NDA.
Normally, large companies fear litigation, and that is incentive for them to keep honest.
Another misconception: all NDA's are alike. Not at all. Each has to be studied in detail, because
many NDA's have fine print that lets the recipient off the hook. I have reviewed many NDA's over the years, and have found serious flaws in most of them: the legalese unbinds the recipient one way or another. Some unbind the recipient after a period of time, while others grant rights to the recipient. Some are written to be so confusing that they defy interpretation.
And, there is the misconception that an NDA is the best solution for safeguarding your rights. Often it is not. Keeping the information as a trade secret can be very effective due to the possibility of punitive damages when enforced by a court. There are steps that can readily be taken to secure and document trade secret status.
Read More >> http://internationalpatentservice.com/Costly-Misconceptions-About-NDA.html
Wednesday, August 15, 2018
Intellectual property theft hurts small businesses
By: Dee DePass
Plymouth-based Midwest Rubber Service and Supply makes squeegees for floor scrubbing machines with Linatex, a red rubber that is so unique and durable, its Malaysian manufacturer had it trademarked.
But since the companies didn't do anything more to protect the rubber's good name, counterfeiters made knockoffs of Midwest's squeegees. They used cheap rubber that they dyed and dared to call Linatex.
Midwest's business plummeted as its customers in China and Europe demanded it cut prices to match counterfeits. "We are probably doing about half the business we could do if we had protected this brand globally."
Small companies like Midwest are increasingly becoming the targets of intellectual property (IP) theft. While big names such as General Mills, 3M, Apple and Microsoft have the financial muscle to chase down nefarious characters trying to pinch their technology, smaller businesses often lack the money and resources to sue fraudsters.
The International Trade Administration has labeled IP theft one of the top problems faced by U.S. exporters today. Thieves increasingly sidestep patents, trademarks and copyrights with counterfeit products that falsely carry brand names or crib technologies they have no right to use. The Federal Bureau of Investigation says counterfeiting costs U.S. companies billions of dollars in lost revenues each year. And the smaller the business, the bigger the threat.
"This is a high priority for us in Minneapolis," local FBI spokesman Kyle Loven said. "Unfortunately, it's a problem, especially for companies that are not accustomed to global trade. When they venture out to the other parts of the world, they find that the rules are oftentimes not what they are in the United States. And often they become educated through bad experiences."
Larger U.S. companies feverishly file patents in every country they do business, something smaller firms often can't do. Big companies also pounce with lawsuits when they learn of thefts. And they increasingly heed attorney counsel and keep tight-lipped about product ingredients, manufacturing processes, distribution and suppliers, all in an effort to prevent counterfeiting.
3M, for instance, sued a California man two years ago for importing counterfeit 3M stethoscopes and selling them over the Internet. 3M pursued the case to trial and won.
Even so, "It's like a game of whack-a-mole. You can knock them down, but they will pop up again," said Kevin Rhodes, 3M's chief intellectual property counsel. In addition to stethoscopes, 3M's face masks are a favorite target among intellectual property thieves.
"Whenever there's a bird flu or some other pandemic, the counterfeiters come out of the woodwork," Rhodes said.
Fakes of products made by Minnesota-based companies have popped up in China, Taiwan, Singapore, Russia, Belarus, Ukraine, Czech Republic, the United States and a host of other nations, company executives complain.
Read More >> http://www.startribune.com/intellectual-property-theft-hurts-small-businesses/177025241/
Plymouth-based Midwest Rubber Service and Supply makes squeegees for floor scrubbing machines with Linatex, a red rubber that is so unique and durable, its Malaysian manufacturer had it trademarked.
But since the companies didn't do anything more to protect the rubber's good name, counterfeiters made knockoffs of Midwest's squeegees. They used cheap rubber that they dyed and dared to call Linatex.
Midwest's business plummeted as its customers in China and Europe demanded it cut prices to match counterfeits. "We are probably doing about half the business we could do if we had protected this brand globally."
Small companies like Midwest are increasingly becoming the targets of intellectual property (IP) theft. While big names such as General Mills, 3M, Apple and Microsoft have the financial muscle to chase down nefarious characters trying to pinch their technology, smaller businesses often lack the money and resources to sue fraudsters.
The International Trade Administration has labeled IP theft one of the top problems faced by U.S. exporters today. Thieves increasingly sidestep patents, trademarks and copyrights with counterfeit products that falsely carry brand names or crib technologies they have no right to use. The Federal Bureau of Investigation says counterfeiting costs U.S. companies billions of dollars in lost revenues each year. And the smaller the business, the bigger the threat.
"This is a high priority for us in Minneapolis," local FBI spokesman Kyle Loven said. "Unfortunately, it's a problem, especially for companies that are not accustomed to global trade. When they venture out to the other parts of the world, they find that the rules are oftentimes not what they are in the United States. And often they become educated through bad experiences."
Larger U.S. companies feverishly file patents in every country they do business, something smaller firms often can't do. Big companies also pounce with lawsuits when they learn of thefts. And they increasingly heed attorney counsel and keep tight-lipped about product ingredients, manufacturing processes, distribution and suppliers, all in an effort to prevent counterfeiting.
3M, for instance, sued a California man two years ago for importing counterfeit 3M stethoscopes and selling them over the Internet. 3M pursued the case to trial and won.
Even so, "It's like a game of whack-a-mole. You can knock them down, but they will pop up again," said Kevin Rhodes, 3M's chief intellectual property counsel. In addition to stethoscopes, 3M's face masks are a favorite target among intellectual property thieves.
"Whenever there's a bird flu or some other pandemic, the counterfeiters come out of the woodwork," Rhodes said.
Fakes of products made by Minnesota-based companies have popped up in China, Taiwan, Singapore, Russia, Belarus, Ukraine, Czech Republic, the United States and a host of other nations, company executives complain.
Read More >> http://www.startribune.com/intellectual-property-theft-hurts-small-businesses/177025241/
Tuesday, August 14, 2018
Patent Assignments - What Inventors Should Know
By: Michael J Foycik Jr.
May 29, 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 who is considering signing an Assignment of a patent or patent application, there are a few things you may want to know. Most questions concern the language of the Assignment itself, namely the promise to assign future improvements and to sign new patent applications related to the invention.
The typical Assignment includes language assigning the invention to the new owner (called the Assignee). That new owner is usually either an employer or someone who wishes to purchase the rights to the invention. For that new owner, some of the value of the invention may reside in the ability to file more patent applications, to make a family of products.
For example, let's say the invention is a big success; the new owner will surely want to file more patent applications for any likely variations that a competitor might try. And, let's say the original inventor has moved on to a new company or a new business. How much of a burden will be on that inventor, under the terms of the typical Assignment? And, what about new inventions the inventor later makes – will those need to be assigned to the new owner under the terms of the original Assignment?
The key to answering the above and other questions is in understanding the legal meaning of the term “invention” in the original Assignment. The term “invention” must necessarily refer to the invention as shown and described in the patent application, and to any “obvious” variations. Because the courts generally define the word “invention” in this manner, it would appear that the inventor's future obligations should not be overly burdensome.
For minor variations, the inventor will very likely have to sign future patent applications under the terms of the original Assignment. What are minor variations? Court decisions have enumerated those that most often occur, such as size, shape, color, obvious extra features, and the like.
But, if the variation itself rises to the level of a new invention, then it is likely a court would consider that to be beyond the scope of the original Assignment. There are many court decisions on this subject. This is where inventors can make money, since presumably there is a good reason for the new patent application, probably because the new owner (the Assignee) is making money on the invention. The Assignee of the original invention may have a lot at stake, and therefore may be willing to pay for the inventor's cooperation.
Read More >> http://internationalpatentservice.com/Patent-Assignments-What-Inventors-Should-Know.html
May 29, 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 who is considering signing an Assignment of a patent or patent application, there are a few things you may want to know. Most questions concern the language of the Assignment itself, namely the promise to assign future improvements and to sign new patent applications related to the invention.
The typical Assignment includes language assigning the invention to the new owner (called the Assignee). That new owner is usually either an employer or someone who wishes to purchase the rights to the invention. For that new owner, some of the value of the invention may reside in the ability to file more patent applications, to make a family of products.
For example, let's say the invention is a big success; the new owner will surely want to file more patent applications for any likely variations that a competitor might try. And, let's say the original inventor has moved on to a new company or a new business. How much of a burden will be on that inventor, under the terms of the typical Assignment? And, what about new inventions the inventor later makes – will those need to be assigned to the new owner under the terms of the original Assignment?
The key to answering the above and other questions is in understanding the legal meaning of the term “invention” in the original Assignment. The term “invention” must necessarily refer to the invention as shown and described in the patent application, and to any “obvious” variations. Because the courts generally define the word “invention” in this manner, it would appear that the inventor's future obligations should not be overly burdensome.
For minor variations, the inventor will very likely have to sign future patent applications under the terms of the original Assignment. What are minor variations? Court decisions have enumerated those that most often occur, such as size, shape, color, obvious extra features, and the like.
But, if the variation itself rises to the level of a new invention, then it is likely a court would consider that to be beyond the scope of the original Assignment. There are many court decisions on this subject. This is where inventors can make money, since presumably there is a good reason for the new patent application, probably because the new owner (the Assignee) is making money on the invention. The Assignee of the original invention may have a lot at stake, and therefore may be willing to pay for the inventor's cooperation.
Read More >> http://internationalpatentservice.com/Patent-Assignments-What-Inventors-Should-Know.html
Monday, August 13, 2018
The Truth Nobody Tells You About Startup Budgeting
By: Tracy Leigh Hazzard
So many startups are so eager to throw money into anything they believe will speed up the launch process. More seasoned experts know that intellectual property, patents, trademarks, copyrights, content, and products should all be assets that hold value, rather than sinkholes. You need to have an investment plan for all of this. That means every single spending point along the way should be detailed in your investment plan and budget. The problem with this is that, unless you are spending thousands on an expert, which you probably cannot afford in the beginning, who knows how much you should budget for things like patents, marketing, prototyping, research, and design? This is what we are going to break down today.
Scrounging and Spending: Why? What? When?
The first thing you need to be able to determine is whether or not an item is an asset or a liability, so you can learn when to scrounge, and when to spend, and when you are spending, how much you should be dropping. Remember, when discerning between the two, assets always add value while liabilities oftentimes eat up resources without adding value back in.
The Importance of Research and Design
It is no secret that startups that spend on research and design, especially forward-thinking research and design in their product categories, out-profit every other brand in their category. Every other brand in their category has less value both in the marketplace and in sales. As you build your brand, compare yourself to bigger brands in your category. If you're competing in a marketplace with Apple, for example, then you're going to have to spend a pretty steep amount on research and design. Apple spends between 20 and 25 percent of its overall revenue budget on research and design. In my early days at Herman Miller, they had an entire research division that built assets for the business.
Content-based assets. Research and white papers that help to boost the sales of existing products would be considered assets. Herman Miller researched the power of ergonomics, the comfort levels of office chairs, and so on, with the hope that this research might lead to aha! moments in which they might come up with new ideas and new projects to initiate. They also knew this content would help sell existing products.
Proprietary technologies. Any competitive advantage that is specific to what you are selling has an extreme value because that doesn't expire in 17 to 20 years. So in this case, the more research and design you put into your proprietary technologies and processes, the more value your company has.
Intellectual property and patents. You need to spend the money on the product and delay your patent costs until the product is actually launched and you have some revenue generating. Don't get excited by a piece of paper with a seal and bankrupt your funds unnecessarily. Set this piece into your timeline and budgeting plan in the appropriate place, and be patient. Your patent is not an asset if you don't have sales proof.
For All of the Above: Follow My 2 Percent Rule
You should never spend more than 2 percent of your money on intellectual property costs, like patents and trademarks. If your research and design tasks are the product and you need to do models and staff designers (in house or out), you should consider doubling that and coming in at overall cost under 5 percent. Whether that's hiring designers, having in-house staff, lawyers, legal fees to file patents, filing copyrights, filing trademarks...those are all included in that 2 to 5 percent.
In my experience, the necessary budget for a consumer product startup to actually get to market falls between $80,000 and $100,000.
Sales and Budgets Grow Up Together
As your sales grow, you also want that budget to grow up as well, because you want to make sure that you're ahead of the market and product cycles, that you're doing research in your category, that you are understanding your marketplace, and that you've got a strong consumer understanding. Think about what this research and time might cost, project it out, and then figure out where you need to be in your revenue stream to afford these things. Reverse engineer your budget to make sure there aren't gaps or holes you hadn't considered.
If you hit into more than 20 percent of your overall budget on research and design, modeling, prototyping, patents, and filings, without sales revenue growth already happening, you've overspent and are likely going to run out of money. Launching a startup is more cross country, less hundred-meter dash. You've got to be in it for the long haul, and to stay in it, you have to be able to fund the full needs of your launch.
Source >> https://www.inc.com/tracy-leigh-hazzard/how-to-budget-your-startup-so-you-dont-run-out-of-money.html
So many startups are so eager to throw money into anything they believe will speed up the launch process. More seasoned experts know that intellectual property, patents, trademarks, copyrights, content, and products should all be assets that hold value, rather than sinkholes. You need to have an investment plan for all of this. That means every single spending point along the way should be detailed in your investment plan and budget. The problem with this is that, unless you are spending thousands on an expert, which you probably cannot afford in the beginning, who knows how much you should budget for things like patents, marketing, prototyping, research, and design? This is what we are going to break down today.
Scrounging and Spending: Why? What? When?
The first thing you need to be able to determine is whether or not an item is an asset or a liability, so you can learn when to scrounge, and when to spend, and when you are spending, how much you should be dropping. Remember, when discerning between the two, assets always add value while liabilities oftentimes eat up resources without adding value back in.
The Importance of Research and Design
It is no secret that startups that spend on research and design, especially forward-thinking research and design in their product categories, out-profit every other brand in their category. Every other brand in their category has less value both in the marketplace and in sales. As you build your brand, compare yourself to bigger brands in your category. If you're competing in a marketplace with Apple, for example, then you're going to have to spend a pretty steep amount on research and design. Apple spends between 20 and 25 percent of its overall revenue budget on research and design. In my early days at Herman Miller, they had an entire research division that built assets for the business.
Content-based assets. Research and white papers that help to boost the sales of existing products would be considered assets. Herman Miller researched the power of ergonomics, the comfort levels of office chairs, and so on, with the hope that this research might lead to aha! moments in which they might come up with new ideas and new projects to initiate. They also knew this content would help sell existing products.
Proprietary technologies. Any competitive advantage that is specific to what you are selling has an extreme value because that doesn't expire in 17 to 20 years. So in this case, the more research and design you put into your proprietary technologies and processes, the more value your company has.
Intellectual property and patents. You need to spend the money on the product and delay your patent costs until the product is actually launched and you have some revenue generating. Don't get excited by a piece of paper with a seal and bankrupt your funds unnecessarily. Set this piece into your timeline and budgeting plan in the appropriate place, and be patient. Your patent is not an asset if you don't have sales proof.
For All of the Above: Follow My 2 Percent Rule
You should never spend more than 2 percent of your money on intellectual property costs, like patents and trademarks. If your research and design tasks are the product and you need to do models and staff designers (in house or out), you should consider doubling that and coming in at overall cost under 5 percent. Whether that's hiring designers, having in-house staff, lawyers, legal fees to file patents, filing copyrights, filing trademarks...those are all included in that 2 to 5 percent.
In my experience, the necessary budget for a consumer product startup to actually get to market falls between $80,000 and $100,000.
Sales and Budgets Grow Up Together
As your sales grow, you also want that budget to grow up as well, because you want to make sure that you're ahead of the market and product cycles, that you're doing research in your category, that you are understanding your marketplace, and that you've got a strong consumer understanding. Think about what this research and time might cost, project it out, and then figure out where you need to be in your revenue stream to afford these things. Reverse engineer your budget to make sure there aren't gaps or holes you hadn't considered.
If you hit into more than 20 percent of your overall budget on research and design, modeling, prototyping, patents, and filings, without sales revenue growth already happening, you've overspent and are likely going to run out of money. Launching a startup is more cross country, less hundred-meter dash. You've got to be in it for the long haul, and to stay in it, you have to be able to fund the full needs of your launch.
Source >> https://www.inc.com/tracy-leigh-hazzard/how-to-budget-your-startup-so-you-dont-run-out-of-money.html
Sunday, August 12, 2018
Trade Secrets - Better Protection Than a Patent for New Products and Inventions?
By: Michael J Foycik Jr.
May 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.
You can establish a trade secret overnight, but not a patent. A patent takes longer. And, even if you could, would it really provide much protection against copying by distributors, retailers, developers, or investors? Here's a surprisingly useful answer.
A trade secret has some big advantages. It is effective against anyone you have direct dealings with. The damages for a trade secret violation are not limited to direct damages – they can be large enough to justify legal action against even a small or token violation. This is very unlike a patent, where it is necessary to show actual, direct damages; those damages tend to be somewhat small; and where it can be quite difficult to obtain punitive damages.
So, why isn't there a “trade secret” office? And, why doesn't everyone go after a trade secret first, instead of a patent? Excellent questions. A patent protects your invention after it is no longer secret, and it affects strangers who may innocently infringe patent rights. So, a patent is very worthwhile, once you've gotten a good start. But until then, all you really have going for you are your trade secret rights.
Let's see why there's no “trade secret” office. First, you can easily establish your trade secret rights yourself. How? Start by documenting the materials you regard as your trade secret, and mark the pages “confidential.” You can just mark the cover page as confidential, but more is better. Whenever you show the materials to anyone, document that: write a note to yourself stating who saw the materials and when they saw them; and put a copy of the exact materials shown in an envelope. If you have witnesses, write down their names. If there were telephone calls or emails, note those; and so on.
Also, a pending patent application serves as an excellent documentation of a trade secret. It is relatively easy to have a pending patent application admitted in evidence since the patent office can provide a certified copy to the court. Also, patent trials tend to be long and costly, whereas trade secret trials have the potential to be shorter. Specific cases can vary greatly, though.
Read More >> http://internationalpatentservice.com/Trade-Secrets-Better-Protection-Than-a-Patent-for-New-Products-and-Inventions.html
May 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.
You can establish a trade secret overnight, but not a patent. A patent takes longer. And, even if you could, would it really provide much protection against copying by distributors, retailers, developers, or investors? Here's a surprisingly useful answer.
A trade secret has some big advantages. It is effective against anyone you have direct dealings with. The damages for a trade secret violation are not limited to direct damages – they can be large enough to justify legal action against even a small or token violation. This is very unlike a patent, where it is necessary to show actual, direct damages; those damages tend to be somewhat small; and where it can be quite difficult to obtain punitive damages.
So, why isn't there a “trade secret” office? And, why doesn't everyone go after a trade secret first, instead of a patent? Excellent questions. A patent protects your invention after it is no longer secret, and it affects strangers who may innocently infringe patent rights. So, a patent is very worthwhile, once you've gotten a good start. But until then, all you really have going for you are your trade secret rights.
Let's see why there's no “trade secret” office. First, you can easily establish your trade secret rights yourself. How? Start by documenting the materials you regard as your trade secret, and mark the pages “confidential.” You can just mark the cover page as confidential, but more is better. Whenever you show the materials to anyone, document that: write a note to yourself stating who saw the materials and when they saw them; and put a copy of the exact materials shown in an envelope. If you have witnesses, write down their names. If there were telephone calls or emails, note those; and so on.
Also, a pending patent application serves as an excellent documentation of a trade secret. It is relatively easy to have a pending patent application admitted in evidence since the patent office can provide a certified copy to the court. Also, patent trials tend to be long and costly, whereas trade secret trials have the potential to be shorter. Specific cases can vary greatly, though.
Read More >> http://internationalpatentservice.com/Trade-Secrets-Better-Protection-Than-a-Patent-for-New-Products-and-Inventions.html
Saturday, August 11, 2018
Trademarks, Patents and Copyrights, Oh My! What's the Difference?
By: Adam C. Uzialko
Intellectual property might seem esoteric, but it's important to protect it like you would any other asset. To do so, you'll need to understand some basics about intellectual property rights first.
Two of the most common forms of intellectual property protections are the copyright and the trademark. While the two are often confused, they protect very different types of intellectual property. Learning the differences, and how you can use both to protect your own creative output, is essential to securing your assets.
What is a copyright?
The U.S. Copyright Office of the Library of Congress defines a copyright as "a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression." What exactly does that mean?
A copyright extends to any type of creative product that you've put down on paper, in design, or elsewhere. In fact, a copyright exists from the moment your work is created, whether you register with the U.S. Copyright Office or not. However, for it to hold up in court, registration is a good idea.
"You must register your copyright if you want to sue for copyright infringement," said Ruth Carter, owner and attorney at Carter Law Firm. "I also recommend registering your copyright if you plan to license your work."
Although your work is technically copyrighted at the time of creation, registering it with the federal government is what grants federal protection to your intellectual property. Otherwise, you cannot bring a lawsuit against another party for copyright infringement.
How to register your copyright
Once obtained, a copyright protects works, including literature, drama, music, poetry, novels, movies, songs, software and architecture. If you are concerned that any of these will be used for profit without your consent, you should consider registering them with the U.S. Copyright Office.
"The process to register a copyright requires submitting an application to the U.S. Copyright Office and paying a fee, which you can do online," Carter said.
Beyond the ability to sue for copyright infringement, registering your copyright within five years of the work's publication grants it prima facie status in court. Literally meaning "based on the first impression," this Latin phrase means your copyright will be accepted as fact until proven otherwise.
Moreover, copyright protection extends to many other nations besides the U.S.; the federal government maintains copyright agreements with most other countries worldwide, which essentially state that the governments will respect each other's citizens' intellectual property.
Copyright protections expire after the author's lifetime plus 70, 95 or 120 years, depending on the nature of the work.
What is a trademark?
A trademark, as defined by the U.S. Patent and Trademark Office (USPTO), is "a word, phrase, symbol and/or design that identifies and distinguishes the source of the goods of one party from those of others." It is also sometimes known as a "service mark" when referring to a service-based business.
"Trademarks protect those things that companies use to help customers connect back to the goods or services they purchased. Things that are trademarked are indications of source," said Erin Ogden, attorney at Ogden, Glazer and Schaefer. "That can be commonly known trademarks like words (Nike), logos (the swoosh), and slogans (Just Do It). It can also be colors (pink insulation for Owens Corning), sounds (NBC chimes), shapes (the Coca-Cola bottle), [or] anything that helps a customer pick out and remember a good or service and get it again."
According to Ogden, achieving federal trademark protection allows the holder to use the trademark nationwide with the ability to sue in federal court, potentially obtaining triple damages for infringement and nationwide injunctions to halt others' use of the trademark.
"By having copyrights and trademarks, you get to control your intellectual property related to those protections," she said. "That means you can give or withhold permission of others to use your copywritten or trademarked property. That also means that you can give only certain permissions in exchange for money, otherwise known as a license."
Read More >> https://www.businessnewsdaily.com/10981-trademark-patent-copyright-differences.html
Intellectual property might seem esoteric, but it's important to protect it like you would any other asset. To do so, you'll need to understand some basics about intellectual property rights first.
Two of the most common forms of intellectual property protections are the copyright and the trademark. While the two are often confused, they protect very different types of intellectual property. Learning the differences, and how you can use both to protect your own creative output, is essential to securing your assets.
What is a copyright?
The U.S. Copyright Office of the Library of Congress defines a copyright as "a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression." What exactly does that mean?
A copyright extends to any type of creative product that you've put down on paper, in design, or elsewhere. In fact, a copyright exists from the moment your work is created, whether you register with the U.S. Copyright Office or not. However, for it to hold up in court, registration is a good idea.
"You must register your copyright if you want to sue for copyright infringement," said Ruth Carter, owner and attorney at Carter Law Firm. "I also recommend registering your copyright if you plan to license your work."
Although your work is technically copyrighted at the time of creation, registering it with the federal government is what grants federal protection to your intellectual property. Otherwise, you cannot bring a lawsuit against another party for copyright infringement.
How to register your copyright
Once obtained, a copyright protects works, including literature, drama, music, poetry, novels, movies, songs, software and architecture. If you are concerned that any of these will be used for profit without your consent, you should consider registering them with the U.S. Copyright Office.
"The process to register a copyright requires submitting an application to the U.S. Copyright Office and paying a fee, which you can do online," Carter said.
Beyond the ability to sue for copyright infringement, registering your copyright within five years of the work's publication grants it prima facie status in court. Literally meaning "based on the first impression," this Latin phrase means your copyright will be accepted as fact until proven otherwise.
Moreover, copyright protection extends to many other nations besides the U.S.; the federal government maintains copyright agreements with most other countries worldwide, which essentially state that the governments will respect each other's citizens' intellectual property.
Copyright protections expire after the author's lifetime plus 70, 95 or 120 years, depending on the nature of the work.
What is a trademark?
A trademark, as defined by the U.S. Patent and Trademark Office (USPTO), is "a word, phrase, symbol and/or design that identifies and distinguishes the source of the goods of one party from those of others." It is also sometimes known as a "service mark" when referring to a service-based business.
"Trademarks protect those things that companies use to help customers connect back to the goods or services they purchased. Things that are trademarked are indications of source," said Erin Ogden, attorney at Ogden, Glazer and Schaefer. "That can be commonly known trademarks like words (Nike), logos (the swoosh), and slogans (Just Do It). It can also be colors (pink insulation for Owens Corning), sounds (NBC chimes), shapes (the Coca-Cola bottle), [or] anything that helps a customer pick out and remember a good or service and get it again."
According to Ogden, achieving federal trademark protection allows the holder to use the trademark nationwide with the ability to sue in federal court, potentially obtaining triple damages for infringement and nationwide injunctions to halt others' use of the trademark.
"By having copyrights and trademarks, you get to control your intellectual property related to those protections," she said. "That means you can give or withhold permission of others to use your copywritten or trademarked property. That also means that you can give only certain permissions in exchange for money, otherwise known as a license."
Read More >> https://www.businessnewsdaily.com/10981-trademark-patent-copyright-differences.html
Thursday, August 9, 2018
Trademark Application Tips, and Some Ways to Avoid Pitfalls
By: Michael J Foycik Jr.
May 12, 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.
Filing a trademark application? That may seem easy, but mistakes can be costly later, during the examination phase. Here are a few helpful tips, and a few pitfalls to avoid.
After a trademark application is filed, the U.S. Trademark Office conducts an examination of the application. For example, if there is both an objection and a refusal to register the mark, then a response will be necessary to meet the objection and to overcome the refusal to register. This happens frequently, and an experienced trademark attorney will likely know just what to do when writing the response.
In my experience, it pays to respond to every office action. Many issues are within the range of discretion of the trademark examining attorney, and good legal arguments in support of the trademark may well be persuasive. Some firms charge substantial sums of money to prepare responses, and other firms might charge much less - therefore it may pay to shop around.
A helpful tip: before filing a trademark application, find a cost effective trademark attorney. It is wise to assume things may not always go smoothly or quickly.
Another tip: select the best type of trademark application. There are two types: intent-to-use applications, and actual use applications. Both cost the same to file. The intent-to-use application can be filed long before actual use occurs, but there is a later government fee when completing the intent-to-use application. The trade off is that completing the intent-to-use application requires a statement of use or allegation of use, together with a specimen of use and an additional government fee. If an actual use application can be filed based on actual use in interstate commerce, then it will save money to do so.
It pays to know what types of problems come up during the examination phase. Some problems that may come up: the trademark examiner may raise objections due to a similar prior mark, may object to the mark based on descriptiveness or misdecriptiveness of the mark, may object to the mark as having an improper geographical reference, and may object to the listing of the goods/services. There are other possible grounds of objection too.
In light of the above, another cost saving tip is this: have an experienced trademark attorney look at the mark prior to filing, just to see if there is something that jumps out. You probably wouldn't want to spend money to file an application if it was certain to fail. Here, too, it often pays to shop around. Some attorneys would charge quite a bit just to look at the mark, whereas others might take an interest and provide helpful comments at little or no additional charge. Trademark owners have reported a wide range of fees, some fees being reasonably low and some fees being unexpectedly high.
Another tip: it pays to do a trademark search prior to filing a trademark application. I would certainly recommend that you ask your trademark professional to perform at least an informal online search of the U.S. Trademark Office records. Some may charge for this, while others may include it at no extra charge as part of the cost of filing a new trademark application. It therefore pays to ask. Formal trademark searches are also available, and other types of trademark search exist, depending on need.
If there is a prior trademark that is similar to the trademark in question, such prior mark can be a real obstacle if it is in the same or similar field of goods/services as the mark in question. If the similar mark is not in the same field of goods/services, it may or may not be relevant depending on various factors such as how close their goods/services are, and their strength or uniqueness. Tip: An experienced trademark attorney may be able to provide a good guesstimate of the chances of overcoming such prior marks, but cannot predict the outcome with certainty.
Read More >> http://internationalpatentservice.com/Trademark-Application-Tips-and-Some-Ways-to-Avoid-Pitfalls.html
May 12, 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.
Filing a trademark application? That may seem easy, but mistakes can be costly later, during the examination phase. Here are a few helpful tips, and a few pitfalls to avoid.
After a trademark application is filed, the U.S. Trademark Office conducts an examination of the application. For example, if there is both an objection and a refusal to register the mark, then a response will be necessary to meet the objection and to overcome the refusal to register. This happens frequently, and an experienced trademark attorney will likely know just what to do when writing the response.
In my experience, it pays to respond to every office action. Many issues are within the range of discretion of the trademark examining attorney, and good legal arguments in support of the trademark may well be persuasive. Some firms charge substantial sums of money to prepare responses, and other firms might charge much less - therefore it may pay to shop around.
A helpful tip: before filing a trademark application, find a cost effective trademark attorney. It is wise to assume things may not always go smoothly or quickly.
Another tip: select the best type of trademark application. There are two types: intent-to-use applications, and actual use applications. Both cost the same to file. The intent-to-use application can be filed long before actual use occurs, but there is a later government fee when completing the intent-to-use application. The trade off is that completing the intent-to-use application requires a statement of use or allegation of use, together with a specimen of use and an additional government fee. If an actual use application can be filed based on actual use in interstate commerce, then it will save money to do so.
It pays to know what types of problems come up during the examination phase. Some problems that may come up: the trademark examiner may raise objections due to a similar prior mark, may object to the mark based on descriptiveness or misdecriptiveness of the mark, may object to the mark as having an improper geographical reference, and may object to the listing of the goods/services. There are other possible grounds of objection too.
In light of the above, another cost saving tip is this: have an experienced trademark attorney look at the mark prior to filing, just to see if there is something that jumps out. You probably wouldn't want to spend money to file an application if it was certain to fail. Here, too, it often pays to shop around. Some attorneys would charge quite a bit just to look at the mark, whereas others might take an interest and provide helpful comments at little or no additional charge. Trademark owners have reported a wide range of fees, some fees being reasonably low and some fees being unexpectedly high.
Another tip: it pays to do a trademark search prior to filing a trademark application. I would certainly recommend that you ask your trademark professional to perform at least an informal online search of the U.S. Trademark Office records. Some may charge for this, while others may include it at no extra charge as part of the cost of filing a new trademark application. It therefore pays to ask. Formal trademark searches are also available, and other types of trademark search exist, depending on need.
If there is a prior trademark that is similar to the trademark in question, such prior mark can be a real obstacle if it is in the same or similar field of goods/services as the mark in question. If the similar mark is not in the same field of goods/services, it may or may not be relevant depending on various factors such as how close their goods/services are, and their strength or uniqueness. Tip: An experienced trademark attorney may be able to provide a good guesstimate of the chances of overcoming such prior marks, but cannot predict the outcome with certainty.
Read More >> http://internationalpatentservice.com/Trademark-Application-Tips-and-Some-Ways-to-Avoid-Pitfalls.html
Wednesday, August 8, 2018
Artificial intelligence and the future of the patent system
By: Joff Wild
There are myriad issues facing the global patent system which, if not addressed, could lead to a decline in its use. Put simply, there is way too much data for humans to properly digest. In this month’s Clarivate Analytics guest piece, Ed White – director of IP analytics at the firm – argues that a closer focus on artificial intelligence could help to solve this existential problem.
The patent system today is challenged as never before. The requirements of novelty and non-obviousness are becoming increasingly difficult to meet and determine with any great level of certainty. The causes for this are well known.
The volume of information is vast and growing. Last month saw the publication of US patent number 10,000,000. It joins over 100 million other patent documents, 70 million plus journal articles and over four billion indexed web pages in the corpus of information that potentially needs to be searched to establish novelty. And the pace is not slackening. It took 122 years to issue the one millionth patent in 1911. It took just over three years to go from nine million to 10 million.
While that growth reflects the increasing ingenuity of civilisation in finding solutions to today’s myriad technical problems, big and small, it comes with a problem. The patent system is based on an exchange – exclusivity, in return for transparency and the benefit of all. While digitisation has meant that most of the world’s patents are readily available, when they come as a firehose, as they do today, we run into some trouble.
Secondly, for some time we have operated in a world where the majority of new inventions don’t have any detail in English. Of the 5.6 million patent documents published globally in 2017, over 62% are in Chinese, Japanese or Korean, often with no English language equivalent. This too is problematic. It means that the working language of innovation is essentially robbed of the open disclosure intended when patent exclusivity is given out.
Thirdly, innovation is increasingly taking place at the intersection of different technologies and understanding that innovation requires more and more highly complex and specialist knowledge. The information in patents is complicated. Its value is hidden behind a barrier of required or expected knowledge.
These issues taken together challenge the utility of the patent system. If not addressed, they could potentially devalue it and lead to decline in its use. There is simply way too much data for a human to read, analyse and understand. It is clear we need help. Step up artificial intelligence (AI).
What is AI?
The generally accepted definition of AI is the demonstration of intelligence by machines. More commonly, it's a term that is used when we use a machine to mimic cognitive human functions such as learning and problem-solving.
Over time, there has been a lot of research done in the areas of mathematics, cognitive science and other areas, but AI really took off in the late 1990s with the advent of computing technology. This allowed AI to make great advances and to result in some tangible applications in various areas.
AI is enabled through machine learning. Training a machine learning system with a pre-determined focused data set provides the computer with the ability to continue learning without being pre-programmed. Machine learning provides algorithms that learn from data and create foresights based on that data. By using machine learning, AI is able to use learning from a data set to solve problems and give relevant recommendations.
How is AI currently being used?
As applications which demonstrate artificial intelligence become widely adopted, the tendency is to forget that they are actually a part of AI. Machine translation is an example.
We take for granted that we can copy and paste foreign language text and get back a passable translation instantly, but the machine is truly demonstrating a level of intelligence in performing that feat. The technology is already being used to address the language issue in patents – specialist machine translation engines are already good and getting much better daily.
Natural language processing is another part of AI that has great potential to help address the twin challenges of volume and complexity. According to Tom Fleischman, Master Inventor at IBM:
“I believe we must begin to train AI machines to ingest, digest, understand and analyse the tremendous amount of data and to provide insights. This is not necessarily to give us the answer, but to provide insights that help reach towards an answer. The insights provided should be used as a guide - in this sense, at IBM we call AI ‘augmented Intelligence’ rather than artificial intelligence. It shouldn’t be used to replace human thinking – it’s meant to augment human thinking. Think of it as a co-worker.”
Another area where machines have already proved immensely helpful is semantic search, where a section of natural language text is used to search against a data set and return relevance ranked results. There are various approaches to achieve this - ranging from deep learning techniques and artificial neural networks to Bayesian networks and latent semantic analysis and indexing - but a useful model to look at is the so-called Vector Space Model.
This allows us to take a set of documents and to show the similarity between them by mapping them in multidimensional space. This is done by considering the terms within the documents and calculating a vector value which places the document at a specific point in space. The query is then treated the same way as a document and a vector value calculated for the query, and then the vector distance between the query and documents tells us how closely related the answers are to the query. This allows us to rank documents in the dataset – the closer the vector value of the document is to the query, the more highly relevant the answer is to the query.
Read More >> http://www.iam-media.com/Blog/Detail.aspx?g=e9edf28d-0c7d-48aa-8688-51d6d3b92b9b
There are myriad issues facing the global patent system which, if not addressed, could lead to a decline in its use. Put simply, there is way too much data for humans to properly digest. In this month’s Clarivate Analytics guest piece, Ed White – director of IP analytics at the firm – argues that a closer focus on artificial intelligence could help to solve this existential problem.
The patent system today is challenged as never before. The requirements of novelty and non-obviousness are becoming increasingly difficult to meet and determine with any great level of certainty. The causes for this are well known.
The volume of information is vast and growing. Last month saw the publication of US patent number 10,000,000. It joins over 100 million other patent documents, 70 million plus journal articles and over four billion indexed web pages in the corpus of information that potentially needs to be searched to establish novelty. And the pace is not slackening. It took 122 years to issue the one millionth patent in 1911. It took just over three years to go from nine million to 10 million.
While that growth reflects the increasing ingenuity of civilisation in finding solutions to today’s myriad technical problems, big and small, it comes with a problem. The patent system is based on an exchange – exclusivity, in return for transparency and the benefit of all. While digitisation has meant that most of the world’s patents are readily available, when they come as a firehose, as they do today, we run into some trouble.
Secondly, for some time we have operated in a world where the majority of new inventions don’t have any detail in English. Of the 5.6 million patent documents published globally in 2017, over 62% are in Chinese, Japanese or Korean, often with no English language equivalent. This too is problematic. It means that the working language of innovation is essentially robbed of the open disclosure intended when patent exclusivity is given out.
Thirdly, innovation is increasingly taking place at the intersection of different technologies and understanding that innovation requires more and more highly complex and specialist knowledge. The information in patents is complicated. Its value is hidden behind a barrier of required or expected knowledge.
These issues taken together challenge the utility of the patent system. If not addressed, they could potentially devalue it and lead to decline in its use. There is simply way too much data for a human to read, analyse and understand. It is clear we need help. Step up artificial intelligence (AI).
What is AI?
The generally accepted definition of AI is the demonstration of intelligence by machines. More commonly, it's a term that is used when we use a machine to mimic cognitive human functions such as learning and problem-solving.
Over time, there has been a lot of research done in the areas of mathematics, cognitive science and other areas, but AI really took off in the late 1990s with the advent of computing technology. This allowed AI to make great advances and to result in some tangible applications in various areas.
AI is enabled through machine learning. Training a machine learning system with a pre-determined focused data set provides the computer with the ability to continue learning without being pre-programmed. Machine learning provides algorithms that learn from data and create foresights based on that data. By using machine learning, AI is able to use learning from a data set to solve problems and give relevant recommendations.
How is AI currently being used?
As applications which demonstrate artificial intelligence become widely adopted, the tendency is to forget that they are actually a part of AI. Machine translation is an example.
We take for granted that we can copy and paste foreign language text and get back a passable translation instantly, but the machine is truly demonstrating a level of intelligence in performing that feat. The technology is already being used to address the language issue in patents – specialist machine translation engines are already good and getting much better daily.
Natural language processing is another part of AI that has great potential to help address the twin challenges of volume and complexity. According to Tom Fleischman, Master Inventor at IBM:
“I believe we must begin to train AI machines to ingest, digest, understand and analyse the tremendous amount of data and to provide insights. This is not necessarily to give us the answer, but to provide insights that help reach towards an answer. The insights provided should be used as a guide - in this sense, at IBM we call AI ‘augmented Intelligence’ rather than artificial intelligence. It shouldn’t be used to replace human thinking – it’s meant to augment human thinking. Think of it as a co-worker.”
Another area where machines have already proved immensely helpful is semantic search, where a section of natural language text is used to search against a data set and return relevance ranked results. There are various approaches to achieve this - ranging from deep learning techniques and artificial neural networks to Bayesian networks and latent semantic analysis and indexing - but a useful model to look at is the so-called Vector Space Model.
This allows us to take a set of documents and to show the similarity between them by mapping them in multidimensional space. This is done by considering the terms within the documents and calculating a vector value which places the document at a specific point in space. The query is then treated the same way as a document and a vector value calculated for the query, and then the vector distance between the query and documents tells us how closely related the answers are to the query. This allows us to rank documents in the dataset – the closer the vector value of the document is to the query, the more highly relevant the answer is to the query.
Read More >> http://www.iam-media.com/Blog/Detail.aspx?g=e9edf28d-0c7d-48aa-8688-51d6d3b92b9b
Tuesday, August 7, 2018
Startup Companies and Trademarks, an Attorney's View
By: Michael J Foycik Jr.
April 27, 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.
An important decision facing new startup companies is what to do about trademarks. The question is, should they apply for a federal trademark registration. The answer to that depends very much on the goals for the startup.
If the goal of the owner of the startup company is to succed and then sell at a profit, then a federal trademark is essential. Think about it from the perspective of a buyer: without a trademark, that buyer cannot get the goodwill of the startup company. That goodwill includes such things as name recognition by customers, and loyalty all those dealing with the existing company. But, without official trademark rights, the buyer may not have exclusive rights to the use of the trademark, and imitators could flourish.
Some startups need investors, and investors are more comfortable when they see rights owned by the startup. After all, what are they investing in, if not intellectual property rights of some kind? Those rights commonly are from a good trade name or trademark. Other such IP rights can include trade secrets, patents, or copyrights.
A registered trademark is also a good way to lessen the possibility of trademark litigation. And, it is a way to prevent others from copying the business. Often, a good business trademark is valuable, and I have seen startups fail when competing businesses were able to simply appropriate essential elements of the business trademark.
Read More >> http://internationalpatentservice.com/Startup-Companies-and-Trademarks-an-Attorney-View.html
April 27, 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.
An important decision facing new startup companies is what to do about trademarks. The question is, should they apply for a federal trademark registration. The answer to that depends very much on the goals for the startup.
If the goal of the owner of the startup company is to succed and then sell at a profit, then a federal trademark is essential. Think about it from the perspective of a buyer: without a trademark, that buyer cannot get the goodwill of the startup company. That goodwill includes such things as name recognition by customers, and loyalty all those dealing with the existing company. But, without official trademark rights, the buyer may not have exclusive rights to the use of the trademark, and imitators could flourish.
Some startups need investors, and investors are more comfortable when they see rights owned by the startup. After all, what are they investing in, if not intellectual property rights of some kind? Those rights commonly are from a good trade name or trademark. Other such IP rights can include trade secrets, patents, or copyrights.
A registered trademark is also a good way to lessen the possibility of trademark litigation. And, it is a way to prevent others from copying the business. Often, a good business trademark is valuable, and I have seen startups fail when competing businesses were able to simply appropriate essential elements of the business trademark.
Read More >> http://internationalpatentservice.com/Startup-Companies-and-Trademarks-an-Attorney-View.html
Monday, August 6, 2018
Cannabis Industry Seeks Clarity in Intellectual Property Haze (Corrected)
By Malathi Nayak
U.S. cannabis businesses are racing to lay claim to patent and trademark protections, even though they lack federal intellectual property rights.
The U.S. Patent and Trademark Office doesn’t grant federal trademark registrations on products involving marijuana, which is illegal under federal law. The federal ban doesn’t impact the grant of cannabis-related patents.
The PTO has issued more than 500 cannabis-related patents since 2000, according to Bloomberg Law data. The patents broadly cover marijuana-related plant strains, chemical formulations, medical treatments, and devices to make and consume cannabis products.
The federal illegality of marijuana means the industry lacks clarity over how their intellectual property rights will hold up if challenged in federal court.
Cannabis businesses have creatively sought out state-level trademark protections when possible, and navigated a web of disparate state laws to safeguard their rights, attorneys, industry executives and in-house counsel told Bloomberg Law.
“We believe not only state IP laws but also state competitive fairness and competition laws are very good avenues in the meantime before the federal question gets answered,” James Whitcomb, chief financial officer of Surterra Holdings, which sells cannabis-based medical treatments in Florida and Texas, said.
Legalization Fever Pitch
The cannabis legalization debate could reach a fever pitch in many state elections later this year, Bloomberg Intelligence analyst Kenneth Shea said. Thirty U.S. states and the District of Columbia already allow some form of legal cannabis sales.
Michigan has a ballot vote for legalizing recreational marijuana and Utah has a ballot measure to legalize medical marijuana set for November.
Legal U.S. cannabis sales are expected to reach almost $10 billion in 2018 and hit nearly $23 billion in 2025, according to Bloomberg Intelligence data sourced from cannabis industry intelligence firm New Frontier Data.
Robust federal trademark and patent rights instead of a patchwork of state protections could help the fast-growing industry expand further and fend off global competition, Shea said.
U.S. cannabis businesses should take IP rights at the domestic and global level seriously, Shabnam Malek, a partner at Brand & Branch LLP and co-founder of the National Cannabis Bar Association, said.
They “should have IP enforcement programs and set themselves up for the oncoming decriminalization and possible legalization on a federal level,” she told Bloomberg Law.
Trademark Workarounds
Companies such as Acreage Holdings, which cultivates and sells cannabis products in 12 U.S. states, depends on state trademark protection to operate, Acreage’s general counsel, James Doherty, told Bloomberg Law. Former U.S. House speaker John Boehner (R.-Ohio) is on Acreage’s advisory board.
Medical cannabis business Canndescent has 10 registered federal trademarks, patent and trademark office records show. Those trademarks only cover secondary products, such as smoking accessories and apparel, its chief executive officer Adrian Sedlin said.
Canndescent’s cannabis formulations, which Sedlin says make up the company’s bread-and-butter sales, can’t register U.S. trademarks. He said he worries if someone in Canada, which is on track to legalize marijuana in mid-October, may snag a trademark on “Canndescent.”
Read More >> https://www.bna.com/cannabis-industry-seeks-n73014481143/
U.S. cannabis businesses are racing to lay claim to patent and trademark protections, even though they lack federal intellectual property rights.
The U.S. Patent and Trademark Office doesn’t grant federal trademark registrations on products involving marijuana, which is illegal under federal law. The federal ban doesn’t impact the grant of cannabis-related patents.
The PTO has issued more than 500 cannabis-related patents since 2000, according to Bloomberg Law data. The patents broadly cover marijuana-related plant strains, chemical formulations, medical treatments, and devices to make and consume cannabis products.
The federal illegality of marijuana means the industry lacks clarity over how their intellectual property rights will hold up if challenged in federal court.
Cannabis businesses have creatively sought out state-level trademark protections when possible, and navigated a web of disparate state laws to safeguard their rights, attorneys, industry executives and in-house counsel told Bloomberg Law.
“We believe not only state IP laws but also state competitive fairness and competition laws are very good avenues in the meantime before the federal question gets answered,” James Whitcomb, chief financial officer of Surterra Holdings, which sells cannabis-based medical treatments in Florida and Texas, said.
Legalization Fever Pitch
The cannabis legalization debate could reach a fever pitch in many state elections later this year, Bloomberg Intelligence analyst Kenneth Shea said. Thirty U.S. states and the District of Columbia already allow some form of legal cannabis sales.
Michigan has a ballot vote for legalizing recreational marijuana and Utah has a ballot measure to legalize medical marijuana set for November.
Legal U.S. cannabis sales are expected to reach almost $10 billion in 2018 and hit nearly $23 billion in 2025, according to Bloomberg Intelligence data sourced from cannabis industry intelligence firm New Frontier Data.
Robust federal trademark and patent rights instead of a patchwork of state protections could help the fast-growing industry expand further and fend off global competition, Shea said.
U.S. cannabis businesses should take IP rights at the domestic and global level seriously, Shabnam Malek, a partner at Brand & Branch LLP and co-founder of the National Cannabis Bar Association, said.
They “should have IP enforcement programs and set themselves up for the oncoming decriminalization and possible legalization on a federal level,” she told Bloomberg Law.
Trademark Workarounds
Companies such as Acreage Holdings, which cultivates and sells cannabis products in 12 U.S. states, depends on state trademark protection to operate, Acreage’s general counsel, James Doherty, told Bloomberg Law. Former U.S. House speaker John Boehner (R.-Ohio) is on Acreage’s advisory board.
Medical cannabis business Canndescent has 10 registered federal trademarks, patent and trademark office records show. Those trademarks only cover secondary products, such as smoking accessories and apparel, its chief executive officer Adrian Sedlin said.
Canndescent’s cannabis formulations, which Sedlin says make up the company’s bread-and-butter sales, can’t register U.S. trademarks. He said he worries if someone in Canada, which is on track to legalize marijuana in mid-October, may snag a trademark on “Canndescent.”
Read More >> https://www.bna.com/cannabis-industry-seeks-n73014481143/
Sunday, August 5, 2018
Forget the Scams, Make Money from Your Invention
By: Michael J Foycik Jr.
April 27, 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've seen the scams. Forget those, and move on: real people can and do make money from their inventions. Let's see who and how.
Who succeeds with their inventions? Just about anyone, and at just about any age. Here are a few ways.
If samples of the inventive product are available, then the quickest route can often involve first rate department stores and consignment sales. It's easy if you know how, and it's easy to try even if you don't know how. One successful person just went to their favorite department store, bringing their product, and talked to a manager about it.
For some inventions, it may be better to go through distributors. That is not hard, but it is not always easy either. Some distributors will help with the manufacturing costs, and some won't. Your best deals come when you can provide the goods.
Sometimes, it helps to get investors to provide funding and expertise, so you can make and sell the invention. The best ways to get investors involve one important first step: finding the manufacturing cost of a prototype. That part isn't difficult if you know how, and can often be done in just a few days. Most inventors are surpised by the low costs, and of course investors like seeing low costs since it means higher profits.
There are ways to find and meet investors. I recommend e-press releases as a very low cost way to attract investors. I can also recommend viral marketing, which is also a relatively low cost way. There are even investor clubs in many areas, if you look for them.
Another point: it is not necessary to have a patent. It helps to have a patent application on file even if it does not issue as a patent, since that documents your invention as a trade secret. And, trade secrets themselves have great value and offer a form of protection.
Read More >> http://internationalpatentservice.com/Forget-the-Scams-Make-Money-from-Your-Invention.html
April 27, 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've seen the scams. Forget those, and move on: real people can and do make money from their inventions. Let's see who and how.
Who succeeds with their inventions? Just about anyone, and at just about any age. Here are a few ways.
If samples of the inventive product are available, then the quickest route can often involve first rate department stores and consignment sales. It's easy if you know how, and it's easy to try even if you don't know how. One successful person just went to their favorite department store, bringing their product, and talked to a manager about it.
For some inventions, it may be better to go through distributors. That is not hard, but it is not always easy either. Some distributors will help with the manufacturing costs, and some won't. Your best deals come when you can provide the goods.
Sometimes, it helps to get investors to provide funding and expertise, so you can make and sell the invention. The best ways to get investors involve one important first step: finding the manufacturing cost of a prototype. That part isn't difficult if you know how, and can often be done in just a few days. Most inventors are surpised by the low costs, and of course investors like seeing low costs since it means higher profits.
There are ways to find and meet investors. I recommend e-press releases as a very low cost way to attract investors. I can also recommend viral marketing, which is also a relatively low cost way. There are even investor clubs in many areas, if you look for them.
Another point: it is not necessary to have a patent. It helps to have a patent application on file even if it does not issue as a patent, since that documents your invention as a trade secret. And, trade secrets themselves have great value and offer a form of protection.
Read More >> http://internationalpatentservice.com/Forget-the-Scams-Make-Money-from-Your-Invention.html
Saturday, August 4, 2018
From student to startup: 3 things I learned
By: Stafford W. Sheehan, Ph.D.
August 3, 2018
Staff Sheehan is an electrochemist and president of Catalytic Innovations. He received his Ph.D. at Yale University, was named one of the Forbes 30 Under 30 in the energy sector in 2016 and was among the CAS SciFinder Future Leaders in 2015 and Chemical & Engineering News Talented 12 in 2017. Passionate about helping to solve the climate change problem, Staff has been steadily making progress toward climate-friendly devices that will reduce carbon dioxide emissions.
Over three years ago, I decided to take a leap of faith into the world of chemistry startup companies. My first idea was to take practical solutions for reducing energy consumption from the research lab into the real world. After taking the plunge, Catalytic Innovations has been generating sales and growing after three years, but it’s not been easy.
It's fair to say that this career decision was not without its share of challenges. It was, and still is, less conventional than traditional academic, consulting or industrial routes for a young Ph.D. graduate. It means going from an environment with a wealth of resources at a university to an incubator with just you, your great idea and an internet connection.
During my Ph.D. at Yale University, I studied artificial photosynthesis, which is the conversion and storage of solar energy using chemical bonds in a carbon-neutral fuel. Intellectual property (IP) in this field centers on the catalysts and systems that can perform the desired reactions. This is an area with tremendous potential for innovation. Making fuel or fine chemicals from air has many important applications in renewable energy and toward solving the global problem of climate change, something I'm very passionate about. This became the focus for my company.
In this blog post, I'll discuss how I overcame the challenges I faced with my startup and outline some tips for young entrepreneurs thinking of doing the same.
Protect your intellectual property
Whatever a company's focus, in a technical industry like chemistry, IP is the most valuable asset. It is crucial that you have a robust way to protect your innovations that is both efficient and cost effective. Access to comprehensive scientific information resources is critical to building defensible patents and an effective IP strategy.
In the early stages of building the portfolio of technology around water oxidation that my company licenses, solutions such as SciFinder and PatentPak helped me determine an effective patent strategy that ensured we had defensible IP. By having access to the same tools that patent lawyers and examiners have to search prior art, we could execute rapid and rigorous structural searches in the global patent literature, allowing us to draft patents that had the highest chance of being granted. This was fundamental to getting a key patent granted at the U.S. Patent and Trademark Office (while also minimizing legal expenses).
Raise funds with an MVP
Transitioning from a scientist at a research institution to managing a small business comes with plenty of funding issues. Raising money with investors, contract research or grants all have their own nuanced challenges. Becoming an effective fundraiser is critical, even more so than for colleagues in academia, large industry or government. Without money, your small business won't be around for long!
My advice is to think carefully about your minimum viable product (MVP) and start selling it as quickly as possible. Think of something that customers can easily relate to and use. Even if it might not be the best showcase of your technology, if there's demand for it, you can build a business.
A thorough review of the research landscape will help ensure you are considering all relevant applications for your technology, as well as possible competitors. Catalytic Innovations uses water oxidation catalysts, which we intended to use for artificial photosynthesis, as anti-corrosion coatings and for other niche applications.
Expand your professional network
Building a network in your field is useful for business and is crucial to making sure your start-up succeeds. For scientists in the early stages of their careers, I recommend applying for networking opportunities like the CAS SciFinder Future Leaders program and C&EN's Talented Twelve. By participating in these programs, you'll meet a diverse group of scientists to help you gather valuable intel as you embark on a wide range of career paths in academia, industry, government or working in a startup. Joining a professional society, such as the American Chemical Society (ACS), is also a great way to expand your network and enhance your career development.
However, networking for a business isn't as straightforward as meeting new people. When looking for business opportunities, it's easy to fall into situations where your time is not being utilized effectively. When trying to make high-level connections, it is useful to attend events where participants are vetted, as they offer a better chance of yielding a helpful professional connection.
There are plenty of opportunities to apply for programs and accelerators where participants are vetted for entrepreneurs. Groups like Singularity University, Y Combinator, Techstars, MassChallenge, Forbes and many others provide excellent opportunities to extend the reach of your new company and make those all-important contacts. I suggest exploring these options to see what could work best for you.
Read More >> https://www.cas.org/blog/student-startup-3-things-i-learned
August 3, 2018
Staff Sheehan is an electrochemist and president of Catalytic Innovations. He received his Ph.D. at Yale University, was named one of the Forbes 30 Under 30 in the energy sector in 2016 and was among the CAS SciFinder Future Leaders in 2015 and Chemical & Engineering News Talented 12 in 2017. Passionate about helping to solve the climate change problem, Staff has been steadily making progress toward climate-friendly devices that will reduce carbon dioxide emissions.
Over three years ago, I decided to take a leap of faith into the world of chemistry startup companies. My first idea was to take practical solutions for reducing energy consumption from the research lab into the real world. After taking the plunge, Catalytic Innovations has been generating sales and growing after three years, but it’s not been easy.
It's fair to say that this career decision was not without its share of challenges. It was, and still is, less conventional than traditional academic, consulting or industrial routes for a young Ph.D. graduate. It means going from an environment with a wealth of resources at a university to an incubator with just you, your great idea and an internet connection.
During my Ph.D. at Yale University, I studied artificial photosynthesis, which is the conversion and storage of solar energy using chemical bonds in a carbon-neutral fuel. Intellectual property (IP) in this field centers on the catalysts and systems that can perform the desired reactions. This is an area with tremendous potential for innovation. Making fuel or fine chemicals from air has many important applications in renewable energy and toward solving the global problem of climate change, something I'm very passionate about. This became the focus for my company.
In this blog post, I'll discuss how I overcame the challenges I faced with my startup and outline some tips for young entrepreneurs thinking of doing the same.
Protect your intellectual property
Whatever a company's focus, in a technical industry like chemistry, IP is the most valuable asset. It is crucial that you have a robust way to protect your innovations that is both efficient and cost effective. Access to comprehensive scientific information resources is critical to building defensible patents and an effective IP strategy.
In the early stages of building the portfolio of technology around water oxidation that my company licenses, solutions such as SciFinder and PatentPak helped me determine an effective patent strategy that ensured we had defensible IP. By having access to the same tools that patent lawyers and examiners have to search prior art, we could execute rapid and rigorous structural searches in the global patent literature, allowing us to draft patents that had the highest chance of being granted. This was fundamental to getting a key patent granted at the U.S. Patent and Trademark Office (while also minimizing legal expenses).
Raise funds with an MVP
Transitioning from a scientist at a research institution to managing a small business comes with plenty of funding issues. Raising money with investors, contract research or grants all have their own nuanced challenges. Becoming an effective fundraiser is critical, even more so than for colleagues in academia, large industry or government. Without money, your small business won't be around for long!
My advice is to think carefully about your minimum viable product (MVP) and start selling it as quickly as possible. Think of something that customers can easily relate to and use. Even if it might not be the best showcase of your technology, if there's demand for it, you can build a business.
A thorough review of the research landscape will help ensure you are considering all relevant applications for your technology, as well as possible competitors. Catalytic Innovations uses water oxidation catalysts, which we intended to use for artificial photosynthesis, as anti-corrosion coatings and for other niche applications.
Expand your professional network
Building a network in your field is useful for business and is crucial to making sure your start-up succeeds. For scientists in the early stages of their careers, I recommend applying for networking opportunities like the CAS SciFinder Future Leaders program and C&EN's Talented Twelve. By participating in these programs, you'll meet a diverse group of scientists to help you gather valuable intel as you embark on a wide range of career paths in academia, industry, government or working in a startup. Joining a professional society, such as the American Chemical Society (ACS), is also a great way to expand your network and enhance your career development.
However, networking for a business isn't as straightforward as meeting new people. When looking for business opportunities, it's easy to fall into situations where your time is not being utilized effectively. When trying to make high-level connections, it is useful to attend events where participants are vetted, as they offer a better chance of yielding a helpful professional connection.
There are plenty of opportunities to apply for programs and accelerators where participants are vetted for entrepreneurs. Groups like Singularity University, Y Combinator, Techstars, MassChallenge, Forbes and many others provide excellent opportunities to extend the reach of your new company and make those all-important contacts. I suggest exploring these options to see what could work best for you.
Read More >> https://www.cas.org/blog/student-startup-3-things-i-learned
Thursday, August 2, 2018
What is the Meaning of “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.
Attorney Advice on: What is the Meaning of “Patent”
by Michael Foycik, registered US patent attorney
April 18, 2013
An important legal question is, what is the meaning of “patent” and, how is it relevant to inventors and businesspersons. The simplest answer is that a patent is a monopoly for a limited time, which is granted by a governmental entity.
In the US, there are several main types of patent: design; utility; provisional. But, what is the meaning of “patent” when there are several types? Again, a short answer will be helpful, explained as follows.
A design patent covers the ornamental features of an invention which are non-functional - imagine an unusual perfume bottle shape as an example. A utility patent covers only features which are functional, rather than ornamental – think of a car engine as an example. A provisional patent is somewhat like a utility patent application but exists for only one year. So, the answer to the question what is the meaning of “patent” is that it depends on the type of invention and the type of protection needed.
Read More >> http://internationalpatentservice.com/What-is-the-Meaning-of-Patent.html
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Attorney Advice on: What is the Meaning of “Patent”
by Michael Foycik, registered US patent attorney
April 18, 2013
An important legal question is, what is the meaning of “patent” and, how is it relevant to inventors and businesspersons. The simplest answer is that a patent is a monopoly for a limited time, which is granted by a governmental entity.
In the US, there are several main types of patent: design; utility; provisional. But, what is the meaning of “patent” when there are several types? Again, a short answer will be helpful, explained as follows.
A design patent covers the ornamental features of an invention which are non-functional - imagine an unusual perfume bottle shape as an example. A utility patent covers only features which are functional, rather than ornamental – think of a car engine as an example. A provisional patent is somewhat like a utility patent application but exists for only one year. So, the answer to the question what is the meaning of “patent” is that it depends on the type of invention and the type of protection needed.
Read More >> http://internationalpatentservice.com/What-is-the-Meaning-of-Patent.html
Wednesday, August 1, 2018
What You Need to Know When Buying or Selling a Business with Key Intellectual Property
By: Kaiser Wahab
Merger and acquisition transactions often succeed or fail on the basis of adeptly performed due diligence. The results of the due diligence process will often determine core deal terms, transaction structure, and whether the deal itself even moves forward. Transactions where intellectual property (“IP”) is the key or sole asset to be acquired require their own particular considerations and inquiries that may not be obvious to a general practitioner.
In situations where the proper care has not been taken, valuing and structuring the transaction can be adversely affected, the post transaction operations of the target business can be compromised, and the rights of both purchaser and seller can be significantly undermined. It is therefore very important for counsel to be aware of how each type of intellectual property is acquired, protected, and maintained when structuring a merger or acquisition transaction.
Types of Intellectual Property
There are four major types of intellectual property that a business may own: copyrights, trademarks, patents, and trade secrets.
Copyright
Copyright protects original, creative works that are “fixed in a tangible medium of expression.” This would include, for example, literature, photographs, drawings, music, video, and software. Copyright allows the owner to prevent others from using the work without the owner’s permission, or creating a new work that is “substantially similar.”
Copyright protection begins at the time of creation and lasts the life of the author (or last remaining author) plus seventy years. If the work was created for the business as a “work made for hire,” which means that the “creator” of the work is the company and not the person who actually created it, then protection lasts for 95 years from publication of the work or 120 years from creation, whichever is shorter. Registration with the Copyright Office is not required in order to obtain a copyright, but it is essential to the proper protection of the copyright.
Trademark
Trademark protects names, logos, slogans, and other expressions that are used “in commerce” and identify products or services of a particular source from those of others. This would include brand names, logos, slogans, colors, and sounds.
Trademark protection continues for as long as the trademark is used in connection with the sale of goods or services. Similar to copyrights, trademarks do not need to be registered with the United States Trademark and Patent Office (“USPTO”) in order to be protected, but registration is often recommended as it grants extra rights to the trademark owner. These rights include the right to use the ® symbol next to the trademark and the ability to file an infringement lawsuit in federal court. The USPTO will deny registration to any other trademark it considers to be confusingly similar.
Read More >> https://www.upcounsel.com/blog/need-know-buying-selling-business-key-intellectual-property
Merger and acquisition transactions often succeed or fail on the basis of adeptly performed due diligence. The results of the due diligence process will often determine core deal terms, transaction structure, and whether the deal itself even moves forward. Transactions where intellectual property (“IP”) is the key or sole asset to be acquired require their own particular considerations and inquiries that may not be obvious to a general practitioner.
In situations where the proper care has not been taken, valuing and structuring the transaction can be adversely affected, the post transaction operations of the target business can be compromised, and the rights of both purchaser and seller can be significantly undermined. It is therefore very important for counsel to be aware of how each type of intellectual property is acquired, protected, and maintained when structuring a merger or acquisition transaction.
Types of Intellectual Property
There are four major types of intellectual property that a business may own: copyrights, trademarks, patents, and trade secrets.
Copyright
Copyright protects original, creative works that are “fixed in a tangible medium of expression.” This would include, for example, literature, photographs, drawings, music, video, and software. Copyright allows the owner to prevent others from using the work without the owner’s permission, or creating a new work that is “substantially similar.”
Copyright protection begins at the time of creation and lasts the life of the author (or last remaining author) plus seventy years. If the work was created for the business as a “work made for hire,” which means that the “creator” of the work is the company and not the person who actually created it, then protection lasts for 95 years from publication of the work or 120 years from creation, whichever is shorter. Registration with the Copyright Office is not required in order to obtain a copyright, but it is essential to the proper protection of the copyright.
Trademark
Trademark protects names, logos, slogans, and other expressions that are used “in commerce” and identify products or services of a particular source from those of others. This would include brand names, logos, slogans, colors, and sounds.
Trademark protection continues for as long as the trademark is used in connection with the sale of goods or services. Similar to copyrights, trademarks do not need to be registered with the United States Trademark and Patent Office (“USPTO”) in order to be protected, but registration is often recommended as it grants extra rights to the trademark owner. These rights include the right to use the ® symbol next to the trademark and the ability to file an infringement lawsuit in federal court. The USPTO will deny registration to any other trademark it considers to be confusingly similar.
Read More >> https://www.upcounsel.com/blog/need-know-buying-selling-business-key-intellectual-property
Subscribe to:
Posts (Atom)
