By: Michael J Foycik Jr.
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
US & USPTO TRADEMARK GENERAL INFORMATION
Preparing a US Trademark Application
To start, the trademark owner will have chosen a word, phrase, or design as their trademark. The trademark is what is applied to the goods or services, and is NOT usually the company’s name. For example, a company named XYZ which sells garments will attach a label to those garments with a trademark such as the fashion designer’s name, and NOT with the name of their company. To claim trademark rights, the symbol “TM” can be used, preferably as a superscript after the trademark. Alternatively it can be written in parentheses after the trademark. Example: If the trademark is “Wise“, it can be written as Wise™.
A US Trademark Lawyer, also called a US Trademark Attorney, can prepare a US Trademark Application for filing with the USPTO. The US Trademark Lawyer will draft a trademark application using a description of the goods/services together with a drawing showing the trademark, where the “drawing“ is often just the typed word in capital letters. That format encompasses all variations of that mark, within the laws pertaining to how marks are used. For example, the typed drawing in all capital letters will encompass an infringing use of the mark in script letters, or as part of a larger drawing.
The draft application is sent to the owner of the trademark, and changes can be made if necessary. We do not add any additional charge for making changes to the application at this stage. When the draft is finalized, the owner signs a form claiming ownership of the trademark application. Once it is filed, it receives a Serial Number and an Official Filing Receipt, and thus becomes an official US Trademark Application.
At some point in this process, it is advisable but not necessary to perform a US trademark search. The US trademark search can find prior art trademarks that show the extent of the closest prior marks and whether the mark has been registered at an earlier time. If an expired trademark is discovered which is very close to the application, then that expired trademark might or might not mean the mark is available to other applicants. If a pending US Trademark Registration covers the mark and is in the same or similar field of goods as the applicant’s mark, then it is possible that infringement could occur. It is important to know if a product or service might infringe an existing unexpired US Trademark Registration. If no USPTO registration exists which covers the trademar, then it is possible that the trademark can be registered. As noted above, it is not necessary to conduct a trademark search prior to filing a new trademark application.
The Role of the US Trademark Office in Examining the Trademark Application
The US Trademark Application is examined in due course by a trademark examining attorney. The US trademark examining attorney will usually be an expert in the particular class of goods or services in which the trademark resides. The US trademark examining attorney will conduct a US Trademark search of the prior trademark literature, and will make a search report and send it to the applicant along with a first Office Action on the merits.
If an application is finally rejected, that rejection can be appealed. In that case, it is taken up for review by a board of appellate examiners. Each appellate examiner is likely to be a USPTO Trademark Attorney or USPTO Trademark Lawyer. If the appeal is refused, it can be taken further to a US District Court, in which case the USPTO is represented by the Solicitor’s Office. In that case, the Solicitor in Court will be a USPTO Trademark Lawyer or USPTO Trademark Attorney. Such higher appeals are not frequent, but are more likely to occur when the trademark is particularly valuable.
The Role of the US Trademark Attorney in the Examination Process
The US Trademark Attorney or US Trademark Lawyer considers the Office Actions received from the USPTO, and transmits the Office Action to the applicant along with any advice or comments on how to respond. The US Trademark Attorney or US Trademark Lawyer then responds to the Office Action, usually by providing legal arguments in support of registrability.
Read More >> http://internationalpatentservice.com/US-USPTO-Trademark.html
Wednesday, October 31, 2018
Tuesday, October 30, 2018
10 Avoidable Mistakes That Could Doom Your Startup
By: Mark Glucki
90% of startups fail. It’s a new world of business, and only the strongest new companies will survive. So how do you avoid startup doom?
Sometimes failure comes down to sheer bad luck or influences beyond an entrepreneur’s control, but in many cases, it can come down to the same simple mistakes that companies make time and time again.
Here are 10 common errors to avoid if you want your business to last the distance.
1. Inadequate Market Research
It doesn’t matter how remarkable you think your product is if the market doesn’t agree with you. Very few startups offer an innovation that can truly revolutionize a space, so before you spend significant money on development and marketing, be sure your market research is up to scratch. Don’t waste time and resources on a white elephant with no demand.
2. Insufficient Startup Funding
All startups need to have a realistic plan for how they’ll operate until revenue starts to flow reliably. Almost always, this means having sufficient initial funding in place to see you through the first lean months or years, whether that’s through your own investment or via a third party funding partner.
3. Unsuitable Partner Choice
As vital as funding is, it’s a mistake to go into business with a partner just because of the capital they can inject. For long-term success, you also need to have a matching vision, common aims, and complementary skill sets.
4. Poor Customer Care
If gaining and retaining customers isn’t your number one aim, your company will struggle to develop any momentum. Providing great customer care and an excellent experience is a non-negotiable requirement for success.
5. Ignoring Revenue Needs
Especially in tech sectors, it seems fashionable for startups to focus on building a product range and a user base while leaving revenue worries until later. This rarely works out well. If you don’t have a strong, actionable idea about how you’ll generate revenue as you grow, gaining more customers could actually be a fast route to failure as your costs quickly outstrip your income.
6. Poor Budget Control
Never let costs get out of control in your quest for growth. Losing sight of the importance of healthy cash flow is a big mistake — no matter how many other metrics you use to measure success. Unless you have investors with extremely deep pockets (who aren’t focused on ROI), you need to keep a steady eye on the bottom line.
7. Getting Overly Enthusiastic
Hopefully, your startup will be a rapid success, but it’s all too common for entrepreneurs to become too enthusiastic at the first signs of substantial profit. It’s important to keep a level head, press on with your strategy, and continue making sensible business decisions rather than letting that enthusiasm get the better of you.
8. Poor Hiring or Collaboration
There is a common image of a lone wolf or maverick entrepreneur, but the truth is that any successful business relies on hiring high-quality staff and working with skilled third parties when necessary. Trying to do everything yourself isn’t the best use of your entrepreneurial talents.
On the flip side, if it’s not working out with a staff member or third party relationship, you should have no qualms about rectifying the situation before too much damage is done.
9. Fear of Delegation
Once you have high-caliber staff in place, you need to trust them to do their jobs. Many driven entrepreneurs struggle with delegation, but it’s essential for serious growth. If you constantly micromanage your staff, expansion is limited by the number of hours you can put in personally.
10. Lack of IP Protection
Lastly, in the rush for growth, many businesses fail to properly protect their intellectual property. Patents, trademarks and copyrights are all essential. If others can replicate the core aspects of your business without any legal barriers, you can be sure that someone with deeper pockets or a larger existing customer base will eventually move into your space.
If you have the entrepreneurial frame of mind and a winning business idea, it can be tempting to go full throttle towards growth and success. However, it’s vital to learn from the mistakes of others and take a little care along the way. Avoid these common errors and you’ll stand a much better chance of being in business for the long haul.
Source >> https://liquidcapitalcorp.com/business-growth/10-avoidable-mistakes-that-could-doom-your-startup/
90% of startups fail. It’s a new world of business, and only the strongest new companies will survive. So how do you avoid startup doom?
Sometimes failure comes down to sheer bad luck or influences beyond an entrepreneur’s control, but in many cases, it can come down to the same simple mistakes that companies make time and time again.
Here are 10 common errors to avoid if you want your business to last the distance.
1. Inadequate Market Research
It doesn’t matter how remarkable you think your product is if the market doesn’t agree with you. Very few startups offer an innovation that can truly revolutionize a space, so before you spend significant money on development and marketing, be sure your market research is up to scratch. Don’t waste time and resources on a white elephant with no demand.
2. Insufficient Startup Funding
All startups need to have a realistic plan for how they’ll operate until revenue starts to flow reliably. Almost always, this means having sufficient initial funding in place to see you through the first lean months or years, whether that’s through your own investment or via a third party funding partner.
3. Unsuitable Partner Choice
As vital as funding is, it’s a mistake to go into business with a partner just because of the capital they can inject. For long-term success, you also need to have a matching vision, common aims, and complementary skill sets.
4. Poor Customer Care
If gaining and retaining customers isn’t your number one aim, your company will struggle to develop any momentum. Providing great customer care and an excellent experience is a non-negotiable requirement for success.
5. Ignoring Revenue Needs
Especially in tech sectors, it seems fashionable for startups to focus on building a product range and a user base while leaving revenue worries until later. This rarely works out well. If you don’t have a strong, actionable idea about how you’ll generate revenue as you grow, gaining more customers could actually be a fast route to failure as your costs quickly outstrip your income.
6. Poor Budget Control
Never let costs get out of control in your quest for growth. Losing sight of the importance of healthy cash flow is a big mistake — no matter how many other metrics you use to measure success. Unless you have investors with extremely deep pockets (who aren’t focused on ROI), you need to keep a steady eye on the bottom line.
7. Getting Overly Enthusiastic
Hopefully, your startup will be a rapid success, but it’s all too common for entrepreneurs to become too enthusiastic at the first signs of substantial profit. It’s important to keep a level head, press on with your strategy, and continue making sensible business decisions rather than letting that enthusiasm get the better of you.
8. Poor Hiring or Collaboration
There is a common image of a lone wolf or maverick entrepreneur, but the truth is that any successful business relies on hiring high-quality staff and working with skilled third parties when necessary. Trying to do everything yourself isn’t the best use of your entrepreneurial talents.
On the flip side, if it’s not working out with a staff member or third party relationship, you should have no qualms about rectifying the situation before too much damage is done.
9. Fear of Delegation
Once you have high-caliber staff in place, you need to trust them to do their jobs. Many driven entrepreneurs struggle with delegation, but it’s essential for serious growth. If you constantly micromanage your staff, expansion is limited by the number of hours you can put in personally.
10. Lack of IP Protection
Lastly, in the rush for growth, many businesses fail to properly protect their intellectual property. Patents, trademarks and copyrights are all essential. If others can replicate the core aspects of your business without any legal barriers, you can be sure that someone with deeper pockets or a larger existing customer base will eventually move into your space.
If you have the entrepreneurial frame of mind and a winning business idea, it can be tempting to go full throttle towards growth and success. However, it’s vital to learn from the mistakes of others and take a little care along the way. Avoid these common errors and you’ll stand a much better chance of being in business for the long haul.
Source >> https://liquidcapitalcorp.com/business-growth/10-avoidable-mistakes-that-could-doom-your-startup/
Monday, October 29, 2018
Do I Need A Patent?
By: Michael J Foycik Jr.
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
When – and why - do you need a patent?
You need a patent:
> If you wish to stop others from copying your invention.
> If you wish to protect yourself from competitors who may copy your invention and then try to patent it themselves.
> If your product is in stores and you are challenged by a competitor who claims they have patent rights of their own.
> If having a unique new product would allow you to set a much higher selling price.
> If it is important to impress potential investors, customers or retailers.
> If you want to stop illegal copies of your products from entering the U.S.
> If you hope to sell your business for a profit. Patent rights are often the most important asset of a successful business.
> If you hope to license your patented product to others.
And, there may be other reasons, in particular cases, for having a patent.
And, there's more! A patent is based on a patent application. Even before a patent application issues as a patent, the pending patent application can also give important benefits. These are as follows.
You need a pending patent application:
> If you wish to discourage competitors from copying your invention. Those competitors may not wish to invest in manufacturing and marketing a competing product, because your pending patent application could issue at any moment as a granted patent. That uncertainty itself thus helps to protect the invention.
> If you wish to protect yourself from competitors who may copy your invention and then try to patent it themselves. Even if the patent application never issues as a patent, it is a permanent record of your prior inventorship. The published patent application, even if it never issues as a patent, might be used as prior art against later applicants.
> If having a unique new product would allow you to set a much higher selling price. Customers and retailers know that “patent pending” means something, and it suggests that your product or service is new and unique. It can be a good selling point in some cases.
> If investors, customers or retailers would be impressed by the invention.
> If you hope to sell your business for a profit. A pending patent application is often the most important asset of a successful business.
Read More >> http://internationalpatentservice.com/do-i-need-a-patent.html
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
When – and why - do you need a patent?
You need a patent:
> If you wish to stop others from copying your invention.
> If you wish to protect yourself from competitors who may copy your invention and then try to patent it themselves.
> If your product is in stores and you are challenged by a competitor who claims they have patent rights of their own.
> If having a unique new product would allow you to set a much higher selling price.
> If it is important to impress potential investors, customers or retailers.
> If you want to stop illegal copies of your products from entering the U.S.
> If you hope to sell your business for a profit. Patent rights are often the most important asset of a successful business.
> If you hope to license your patented product to others.
And, there may be other reasons, in particular cases, for having a patent.
And, there's more! A patent is based on a patent application. Even before a patent application issues as a patent, the pending patent application can also give important benefits. These are as follows.
You need a pending patent application:
> If you wish to discourage competitors from copying your invention. Those competitors may not wish to invest in manufacturing and marketing a competing product, because your pending patent application could issue at any moment as a granted patent. That uncertainty itself thus helps to protect the invention.
> If you wish to protect yourself from competitors who may copy your invention and then try to patent it themselves. Even if the patent application never issues as a patent, it is a permanent record of your prior inventorship. The published patent application, even if it never issues as a patent, might be used as prior art against later applicants.
> If having a unique new product would allow you to set a much higher selling price. Customers and retailers know that “patent pending” means something, and it suggests that your product or service is new and unique. It can be a good selling point in some cases.
> If investors, customers or retailers would be impressed by the invention.
> If you hope to sell your business for a profit. A pending patent application is often the most important asset of a successful business.
Read More >> http://internationalpatentservice.com/do-i-need-a-patent.html
Sunday, October 28, 2018
How to Protect Your Intellectual Property When Crowdfunding: 5 Tips
By: Christina DesMarais
Whether you're using a pre-order platform such as Kickstarter or one in which you give away actual equity in your company to investors, crowdfunding can be a good way to get traction and deliver your new product into the hands of customers. But how do you do it without divulging too much information about your intellectual property? Chris Tsai, founder and CEO of Celery, a Y Combinator alum that helps companies take pre-orders for new and out-of-stock products and conduct crowdfunding campaigns on their own websites, has some ideas. Here are a handful of ways he says you can keep your trade secrets safe when crowdfunding.
1. Understand the window of time involved with an enabling public disclosure.
If you haven't filed a patent application you have one year to do so after publicly announcing your product or offering it for sale in the U.S. After the 12-month window has closed, patent protection is unavailable and you lose the right to file a patent and be the exclusive producer of your invention.
2. Make sure you have your legal ducks in a row.
In other words, if IP matters to your business-whether in the form of patents, trademarks or trade secrets-you need to talk to a lawyer. "Work with a lawyer to know what altitude you need to fly at, as far as how aggressive you want to be," he says.
3. Choose a crowdfunding platform carefully.
When you use site like Kickstarter you'll need to use the platform's standard format, including showing a video, offering perks to backers and explaining product development. With a private crowdfunding site you have more control over how much information you share. "If you pick a private crowd funding or pre-order platform like Celery you have a lot more control over whether you show a video, how much you disclose about your sales and how much you share," he says.
4. Nail your product offering before launching publicly.
This applies if your IP is something that others will immediately copy. "For example, the startup Coin delayed its public disclosure for as long as it could, because they knew that no manner of IP strategy would prevent copy-cats, which has in fact has been the case," he says.
5. Take more than money from your crowdfunding backers.
Often these kinds of supporters have technology expertise that can be mined if you're early in the product development stage and smart backers can lend advice if you run into a hitch involving something such as manufacturing. "Just be aware that there's potential for IP leakage when you're doing that," he says, "but I think the benefits tend to outweigh the costs of leaning into your backers for help."
Read More >> https://www.inc.com/christina-desmarais/how-to-protect-your-intellectual-property-when-crowdfunding-5-tips.html
Whether you're using a pre-order platform such as Kickstarter or one in which you give away actual equity in your company to investors, crowdfunding can be a good way to get traction and deliver your new product into the hands of customers. But how do you do it without divulging too much information about your intellectual property? Chris Tsai, founder and CEO of Celery, a Y Combinator alum that helps companies take pre-orders for new and out-of-stock products and conduct crowdfunding campaigns on their own websites, has some ideas. Here are a handful of ways he says you can keep your trade secrets safe when crowdfunding.
1. Understand the window of time involved with an enabling public disclosure.
If you haven't filed a patent application you have one year to do so after publicly announcing your product or offering it for sale in the U.S. After the 12-month window has closed, patent protection is unavailable and you lose the right to file a patent and be the exclusive producer of your invention.
2. Make sure you have your legal ducks in a row.
In other words, if IP matters to your business-whether in the form of patents, trademarks or trade secrets-you need to talk to a lawyer. "Work with a lawyer to know what altitude you need to fly at, as far as how aggressive you want to be," he says.
3. Choose a crowdfunding platform carefully.
When you use site like Kickstarter you'll need to use the platform's standard format, including showing a video, offering perks to backers and explaining product development. With a private crowdfunding site you have more control over how much information you share. "If you pick a private crowd funding or pre-order platform like Celery you have a lot more control over whether you show a video, how much you disclose about your sales and how much you share," he says.
4. Nail your product offering before launching publicly.
This applies if your IP is something that others will immediately copy. "For example, the startup Coin delayed its public disclosure for as long as it could, because they knew that no manner of IP strategy would prevent copy-cats, which has in fact has been the case," he says.
5. Take more than money from your crowdfunding backers.
Often these kinds of supporters have technology expertise that can be mined if you're early in the product development stage and smart backers can lend advice if you run into a hitch involving something such as manufacturing. "Just be aware that there's potential for IP leakage when you're doing that," he says, "but I think the benefits tend to outweigh the costs of leaning into your backers for help."
Read More >> https://www.inc.com/christina-desmarais/how-to-protect-your-intellectual-property-when-crowdfunding-5-tips.html
Steps For Getting A Patent
By: Michael J Foycik Jr.
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Steps For Getting a Patent
These are the basic steps for getting a patent.
First, file a patent application which describes and claims the invention.
Then, respond to any official actions received from the U.S. Patent Office. If the official action is a rejection, then a response will provide arguments in support of patentability and possibly changes to the claims.
Assuming the application is deemed patentable (the majority are), then a Notice of Allowance and Issue Fee Due is sent. Upon payment of the issue fee, a patent will issue.
It is that simple. This whole process can take anywhere from 12 months to 36 months, depending entirely on the U.S. Patent Examiner to which the application is officially assigned.
A more detailed explanation is as follows.
Preparing the patent application
First, you provide details about the invention, and we prepare a draft application together with draft drawings, for your review. This draft includes the claims, abstract, summary of the invention, background of the invention, and detailed description of the invention. We make any changes or additions you wish to make, at no additional charge. We charge half of the fixed service fee in advance for this draft.
When you are satisfied with the application, we send the final, revised version of the application together with the necessary legal forms (i.e. the Declaration by the inventor, and possibly a small entity form and/or an Assignment if needed). You review the completed application papers, and if satisfied, sign and date the forms and return all of the paperwork together with the balance due.
When there are drawings in the application, we attend to obtaining formal drawings either before or after filing the application. When the application has been filed without formal drawings, the formal drawings are due approximately two months after the date of filing. The drawings are obtained at a cost of less than $150 per sheet. If possible, two to five figures of drawing may be placed on each sheet, to keep costs as low as possible. Typically, for a medium complexity invention, four or five sheets of drawings may be required. For a simple application, often just one sheet is needed.
Read More >> http://internationalpatentservice.com/steps-for-getting-a-patent.html
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Steps For Getting a Patent
These are the basic steps for getting a patent.
First, file a patent application which describes and claims the invention.
Then, respond to any official actions received from the U.S. Patent Office. If the official action is a rejection, then a response will provide arguments in support of patentability and possibly changes to the claims.
Assuming the application is deemed patentable (the majority are), then a Notice of Allowance and Issue Fee Due is sent. Upon payment of the issue fee, a patent will issue.
It is that simple. This whole process can take anywhere from 12 months to 36 months, depending entirely on the U.S. Patent Examiner to which the application is officially assigned.
A more detailed explanation is as follows.
Preparing the patent application
First, you provide details about the invention, and we prepare a draft application together with draft drawings, for your review. This draft includes the claims, abstract, summary of the invention, background of the invention, and detailed description of the invention. We make any changes or additions you wish to make, at no additional charge. We charge half of the fixed service fee in advance for this draft.
When you are satisfied with the application, we send the final, revised version of the application together with the necessary legal forms (i.e. the Declaration by the inventor, and possibly a small entity form and/or an Assignment if needed). You review the completed application papers, and if satisfied, sign and date the forms and return all of the paperwork together with the balance due.
When there are drawings in the application, we attend to obtaining formal drawings either before or after filing the application. When the application has been filed without formal drawings, the formal drawings are due approximately two months after the date of filing. The drawings are obtained at a cost of less than $150 per sheet. If possible, two to five figures of drawing may be placed on each sheet, to keep costs as low as possible. Typically, for a medium complexity invention, four or five sheets of drawings may be required. For a simple application, often just one sheet is needed.
Read More >> http://internationalpatentservice.com/steps-for-getting-a-patent.html
Saturday, October 27, 2018
Op-Ed: Protecting Intellectual Property – Incentivizing Economic Growth, Creativity, and Progress
By: Editor
Every year on April 26, we celebrate World Intellectual Property Day to learn about the role that patents, trademarks, and copyright play in promoting innovation, creativity, and progress. As we celebrate this year under the worldwide theme “Powering Change: Women in Innovation and Creativity,” we recognize the ingenuity of women around the world, who are bravely using their ideas, designs, and products to shape a brighter future for us all.
Our recent event on the role of copyright protections in promoting local content and business development in Guyana reflected that theme, from an opening speech by Minister of Public Telecommunications Catherine Hughes to the inclusion of remarkable women artists that added a wealth of depth to our panel and audience. Through their voices and the insight of all our panelists, we come to one conclusion:
To honor content creators around the world, we must consider how we can protect their work from theft. Only this will ensure they receive the credit and financial reward to enable them to keep using their creative talents to better themselves, to better their craft, to better Guyana, and ultimately to better the world.
The protection of the creativity and hard work of writers, artists, musicians, and others makes prosperity and progress possible. During my time as U.S. Ambassador to the Co-Operative Republic of Guyana, I have seen firsthand that Guyanese are hardworking, intelligent, and resourceful.
The ingenuity and ability of Guyana’s artists and entrepreneurs is daily proof of it. I consider them and their creations as part of the social fabric and cultural patrimony of Guyana, highlighting the true extent of this country’s wealth beyond its already vast natural resources.
As representatives of Guyana’s country brand domestically and overseas, writers, artists, filmmakers, fashion and textile designers, mobile and web application coders and creators, and inventors in all sectors send a strong signal to the rest of the world about Guyana’s values, traditions, and knowledge. Protecting their creations and their intellectual property rights (IPR), is the right thing to do.
It’s not just individuals who benefit. Research shows robust legislation to protect IPR encourages the development of the arts and breeds innovation in science and technology. Many people assume protecting people’s IPR only helps high-income countries where companies spend large amounts on research and development (R&D).
However, economists have learned that improving patent, trademark, and copyright protections help economic development in countries at all economic levels. This is because a strong IPR framework aids open trade, which in turn creates greater trust between trading partners, helping increase economic prosperity.
In fact, the U.S. Chamber of Commerce’s international index found a strong link between robust IPR protections and increased technology transfers and exchanges, access to foreign direct investment, and employment. Even countries without large – or even visible – R&D sectors benefit from a strong IPR regulatory framework because it gives them more access to new partnerships, technology, and knowledge.
As the Government of Guyana prepares to take up the pen on copyright legislation, I commend the Ministers, advocates, and content creators that have been and will continue to champion an improved framework of IPR protections in country.
They are the visionaries that see, today, how legislation, treaties, and outreach will ultimately benefit the people and the economy. Today, on World Intellectual Property Day, I salute them and encourage all of us to support local content creators – from artists to inventors to software engineers – by purchasing their work through legal means and applauding those advocating for change.
Read More >> https://newsroom.gy/2018/10/26/op-ed-protecting-intellectual-property-incentivizing-economic-growth-creativity-and-progress/
Every year on April 26, we celebrate World Intellectual Property Day to learn about the role that patents, trademarks, and copyright play in promoting innovation, creativity, and progress. As we celebrate this year under the worldwide theme “Powering Change: Women in Innovation and Creativity,” we recognize the ingenuity of women around the world, who are bravely using their ideas, designs, and products to shape a brighter future for us all.
Our recent event on the role of copyright protections in promoting local content and business development in Guyana reflected that theme, from an opening speech by Minister of Public Telecommunications Catherine Hughes to the inclusion of remarkable women artists that added a wealth of depth to our panel and audience. Through their voices and the insight of all our panelists, we come to one conclusion:
To honor content creators around the world, we must consider how we can protect their work from theft. Only this will ensure they receive the credit and financial reward to enable them to keep using their creative talents to better themselves, to better their craft, to better Guyana, and ultimately to better the world.
The protection of the creativity and hard work of writers, artists, musicians, and others makes prosperity and progress possible. During my time as U.S. Ambassador to the Co-Operative Republic of Guyana, I have seen firsthand that Guyanese are hardworking, intelligent, and resourceful.
The ingenuity and ability of Guyana’s artists and entrepreneurs is daily proof of it. I consider them and their creations as part of the social fabric and cultural patrimony of Guyana, highlighting the true extent of this country’s wealth beyond its already vast natural resources.
As representatives of Guyana’s country brand domestically and overseas, writers, artists, filmmakers, fashion and textile designers, mobile and web application coders and creators, and inventors in all sectors send a strong signal to the rest of the world about Guyana’s values, traditions, and knowledge. Protecting their creations and their intellectual property rights (IPR), is the right thing to do.
It’s not just individuals who benefit. Research shows robust legislation to protect IPR encourages the development of the arts and breeds innovation in science and technology. Many people assume protecting people’s IPR only helps high-income countries where companies spend large amounts on research and development (R&D).
However, economists have learned that improving patent, trademark, and copyright protections help economic development in countries at all economic levels. This is because a strong IPR framework aids open trade, which in turn creates greater trust between trading partners, helping increase economic prosperity.
In fact, the U.S. Chamber of Commerce’s international index found a strong link between robust IPR protections and increased technology transfers and exchanges, access to foreign direct investment, and employment. Even countries without large – or even visible – R&D sectors benefit from a strong IPR regulatory framework because it gives them more access to new partnerships, technology, and knowledge.
As the Government of Guyana prepares to take up the pen on copyright legislation, I commend the Ministers, advocates, and content creators that have been and will continue to champion an improved framework of IPR protections in country.
They are the visionaries that see, today, how legislation, treaties, and outreach will ultimately benefit the people and the economy. Today, on World Intellectual Property Day, I salute them and encourage all of us to support local content creators – from artists to inventors to software engineers – by purchasing their work through legal means and applauding those advocating for change.
Read More >> https://newsroom.gy/2018/10/26/op-ed-protecting-intellectual-property-incentivizing-economic-growth-creativity-and-progress/
Thursday, October 25, 2018
International Trademark Classes
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.
International Trademark Classes
INTERNATIONAL TRADEMARK CLASSES OF GOODS AND SERVICES
GOODS
Class 1 - Chemicals
Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry.
Class 2 - Paints
Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists.
Class 3 - Cosmetics and cleaning preparations
Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.
Class 4 - Lubricants and fuels
Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles, wicks.
Class 5 - Pharmaceuticals
Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.
Class 6 - Metal goods
Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores.
Class 7 - Machinery
Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements; incubators for eggs.
Class 8 - Hand tools
Hand tools and implements (hand operated); cutlery; side arms; razors.
Class 9 - Electrical and scientific apparatus
Scientific, nautical, surveying, electric, photographic, cinematographer, optical, weighing, measuring, signaling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus.
Class 10 - Medical apparatus
Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopedic articles; suture materials.
Read More >> http://internationalpatentservice.com/trademark-classes.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.
International Trademark Classes
INTERNATIONAL TRADEMARK CLASSES OF GOODS AND SERVICES
GOODS
Class 1 - Chemicals
Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry.
Class 2 - Paints
Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists.
Class 3 - Cosmetics and cleaning preparations
Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.
Class 4 - Lubricants and fuels
Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles, wicks.
Class 5 - Pharmaceuticals
Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.
Class 6 - Metal goods
Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores.
Class 7 - Machinery
Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements; incubators for eggs.
Class 8 - Hand tools
Hand tools and implements (hand operated); cutlery; side arms; razors.
Class 9 - Electrical and scientific apparatus
Scientific, nautical, surveying, electric, photographic, cinematographer, optical, weighing, measuring, signaling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus.
Class 10 - Medical apparatus
Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopedic articles; suture materials.
Read More >> http://internationalpatentservice.com/trademark-classes.html
Wednesday, October 24, 2018
Ballard Spahr's Lawrence Nodine to Receive 2018 Intellectual Property Legends Award
By: Lawrence K. Nodine
Lawrence K. Nodine will receive an Intellectual Property Legend Award from the Georgia Intellectual Property Alliance, Georgia State University, and Georgia Institute of Technology, in partnership with the State Bar of Georgia and the Atlanta Bar Association. The IP Legends Awards are given every third year to individuals who have made a profound impact on intellectual property.
Mr. Nodine is one of three recipients of this year's awards. The other two are Andrew Young, a civil rights icon and former U.S. Congressman who served as the U.S. Ambassador to the United Nations and later as Mayor of Atlanta, and Lonnie Johnson, an inventor and engineer who holds more than 120 patents and is best known as the inventor of the Super Soaker water gun. The recipients will be recognized at a luncheon on October 24.
Mr. Nodine is Managing Partner of Ballard Spahr's Atlanta office and former Practice Leader of its Intellectual Property Litigation Group. For the last 35 years, Mr. Nodine has represented clients in a wide range of intellectual property litigation involving trademark, copyright, and patent matters. He has appeared in more than 300 cases in 23 jurisdictions across the United States. The many complex patent cases he has handled encompass biotechnology, electronic communications, vehicular telematics, pharmaceuticals, antimicrobial agents, and avionics, among other areas.
Since 1987, Mr. Nodine has served as an adjunct professor at Emory Law School, where he has taught a variety of intellectual property courses, including internet law. An active mediator, Mr. Nodine has moderated more than 50 intellectual property cases. He has served on the amicus committee of the International Trademark Association for many years, and currently serves as chairman of the United States subcommittee. Mr. Nodine is also a World Intellectual Property Organization Panelist for Uniform Domain Name Dispute Resolution Policy cases.
Ballard Spahr entered the Atlanta market when it acquired the intellectual property firm of Needle & Rosenberg in 2008. Since then, it has expanded into other areas of law, including consumer finance, public finance, and real estate. The Atlanta office is also home to the firm's Korea Practice, which counsels clients on patent issues, corporate structuring, and on the benefits of the United States-Korea Free Trade Agreement. The office's intellectual property practice covers an array of services, including patent prosecution, trademark clearance, strategic IP counseling, and full-scale litigation.
Read More >> https://www.ballardspahr.com/eventsnews/pressreleases/2018-10-23-lawrence-nodine-to-receive-2018-ip-legends-award.aspx
Lawrence K. Nodine will receive an Intellectual Property Legend Award from the Georgia Intellectual Property Alliance, Georgia State University, and Georgia Institute of Technology, in partnership with the State Bar of Georgia and the Atlanta Bar Association. The IP Legends Awards are given every third year to individuals who have made a profound impact on intellectual property.
Mr. Nodine is one of three recipients of this year's awards. The other two are Andrew Young, a civil rights icon and former U.S. Congressman who served as the U.S. Ambassador to the United Nations and later as Mayor of Atlanta, and Lonnie Johnson, an inventor and engineer who holds more than 120 patents and is best known as the inventor of the Super Soaker water gun. The recipients will be recognized at a luncheon on October 24.
Mr. Nodine is Managing Partner of Ballard Spahr's Atlanta office and former Practice Leader of its Intellectual Property Litigation Group. For the last 35 years, Mr. Nodine has represented clients in a wide range of intellectual property litigation involving trademark, copyright, and patent matters. He has appeared in more than 300 cases in 23 jurisdictions across the United States. The many complex patent cases he has handled encompass biotechnology, electronic communications, vehicular telematics, pharmaceuticals, antimicrobial agents, and avionics, among other areas.
Since 1987, Mr. Nodine has served as an adjunct professor at Emory Law School, where he has taught a variety of intellectual property courses, including internet law. An active mediator, Mr. Nodine has moderated more than 50 intellectual property cases. He has served on the amicus committee of the International Trademark Association for many years, and currently serves as chairman of the United States subcommittee. Mr. Nodine is also a World Intellectual Property Organization Panelist for Uniform Domain Name Dispute Resolution Policy cases.
Ballard Spahr entered the Atlanta market when it acquired the intellectual property firm of Needle & Rosenberg in 2008. Since then, it has expanded into other areas of law, including consumer finance, public finance, and real estate. The Atlanta office is also home to the firm's Korea Practice, which counsels clients on patent issues, corporate structuring, and on the benefits of the United States-Korea Free Trade Agreement. The office's intellectual property practice covers an array of services, including patent prosecution, trademark clearance, strategic IP counseling, and full-scale litigation.
Read More >> https://www.ballardspahr.com/eventsnews/pressreleases/2018-10-23-lawrence-nodine-to-receive-2018-ip-legends-award.aspx
Tuesday, October 23, 2018
How to Patent a Design
By: Michael J Foycik Jr.
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
A design
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.
A design is anything which is not functional. A casing or cover for a working device can be a design. Other things can be designs too. A design can best be protected by a design patent application, and usually costs much less to file than a utility (“regular“) patent application. Even the government filing fee is much lower for a design patent application.
What is needed to get a design patent application? You will normally need drawings showing the design from six different orthogonal views. The application itself is very short, and has text naming the invention, describing the drawings, and ending with a claim. The drawings do not need to be like blueprints; instead, they are simplified. And, it is not necessary to have a working model.
Once filed with the US Patent Office, the design application is examined, and if granted, can mature into a design patent. But why get a design patent? For one thing, a design patent protects not only the design itself, but all obvious variations that are not within the public domain already.
By contrast, a copyright only covers copies made, which must be exact copies. And, a copyright does not cover any design, even if identical, which was not copied. So, if two inventors both make the same exact design by sheer chance, and one inventor gets a copyright, that copyright would not be usable against the other inventor. The reason is, a copyright only covers copying.
A design patent covers any design that is sufficiently close so as to infringe, even if there was no copying. A design patent is therefore valuable, yet different from a copyright.
Before getting into the details, we would like to mention that there is also something called a “provisional patent application” discussed hereunder. It gives patent pending status for one year, permitting a utility patent application to be filed at any time during that year. That is another way to get a patent. The provisional application is much less expensive than a utility patent application, and can be recommended when there is an urgent need to get a patent application on file with the US Patent Office. For example, just prior to a trade show or publication of the invention, there is an urgent need to have the idea on file with the US Patent Office. For further information, see the section below called “How to patent using a provisional patent application.”
Standard text is then added including sections titled: background of the invention; summary of the invention; brief description of the drawings; and an abstract of the disclosure. These are not usually hard to do for a design patent application.
Then, a Declaration is prepared showing the name of the inventor and title of the invention. This is from a standard form provided by the US Patent Office.
Last, a cover page including a Transmittal sheet is prepared, listing what is being filed with the US Patent Office. The Transmittal page normally will include a check for the amount of the US government filing fee, and a postcard filing receipt. The check can be omitted, as can the signed Declaration, but in that case the US Patent Office will send a notice asking for those items along with a relatively small late fee.
Read More >> http://internationalpatentservice.com/How-to-Patent-a-Design.html
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
A design
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.
A design is anything which is not functional. A casing or cover for a working device can be a design. Other things can be designs too. A design can best be protected by a design patent application, and usually costs much less to file than a utility (“regular“) patent application. Even the government filing fee is much lower for a design patent application.
What is needed to get a design patent application? You will normally need drawings showing the design from six different orthogonal views. The application itself is very short, and has text naming the invention, describing the drawings, and ending with a claim. The drawings do not need to be like blueprints; instead, they are simplified. And, it is not necessary to have a working model.
Once filed with the US Patent Office, the design application is examined, and if granted, can mature into a design patent. But why get a design patent? For one thing, a design patent protects not only the design itself, but all obvious variations that are not within the public domain already.
By contrast, a copyright only covers copies made, which must be exact copies. And, a copyright does not cover any design, even if identical, which was not copied. So, if two inventors both make the same exact design by sheer chance, and one inventor gets a copyright, that copyright would not be usable against the other inventor. The reason is, a copyright only covers copying.
A design patent covers any design that is sufficiently close so as to infringe, even if there was no copying. A design patent is therefore valuable, yet different from a copyright.
Before getting into the details, we would like to mention that there is also something called a “provisional patent application” discussed hereunder. It gives patent pending status for one year, permitting a utility patent application to be filed at any time during that year. That is another way to get a patent. The provisional application is much less expensive than a utility patent application, and can be recommended when there is an urgent need to get a patent application on file with the US Patent Office. For example, just prior to a trade show or publication of the invention, there is an urgent need to have the idea on file with the US Patent Office. For further information, see the section below called “How to patent using a provisional patent application.”
Standard text is then added including sections titled: background of the invention; summary of the invention; brief description of the drawings; and an abstract of the disclosure. These are not usually hard to do for a design patent application.
Then, a Declaration is prepared showing the name of the inventor and title of the invention. This is from a standard form provided by the US Patent Office.
Last, a cover page including a Transmittal sheet is prepared, listing what is being filed with the US Patent Office. The Transmittal page normally will include a check for the amount of the US government filing fee, and a postcard filing receipt. The check can be omitted, as can the signed Declaration, but in that case the US Patent Office will send a notice asking for those items along with a relatively small late fee.
Read More >> http://internationalpatentservice.com/How-to-Patent-a-Design.html
Monday, October 22, 2018
Cost-Effective IP Strategies for Biotech Startups
By: Pei Wu
A well-devised intellectual property (IP) portfolio can go a long way to ensure a startup biotech company’s business success in the marketplace. Patents allow a patent holder to exclude others from making, using, offering to sell, selling or importing a similar product based on what is claimed in the patent while the patent is in force (35 U.S.C. 154). Biotech startups generally invest in utility patents to protect core inventions and serve as barriers to entry against competitors. When faced with budget constraints, biotech startups can tap into less expensive IP protection options to boost market position, drive up value, attract venture capital funds and generate revenue, including cross-licensing and/or settlement agreements.
Design Patents
A valuable, yet often overlooked IP protection option is a design patent. Unlike a utility patent, which protects the way a product is used or works (35 U.S.C. 101), a design patent protects the way a product looks (35 U.S.C. 171). In other words, a design patent protects the ornamental appearance or visual characteristics beyond a product’s structure and function. Typically used in consumer products, where the aesthetic features of the products can augment the brand and breed customer loyalty, a design patent can be effectively used by biotech startups to protect a logo or catchphrase, a configuration, shape or surface ornamentation of a product, a product label, packaging or color scheme to improve their IP portfolio overall, in a cost-effective manner. For example, a biotech startup’s unique automated nucleic acid sequencing process, novel platform antibody design, special biologically produced fuels and chemicals, noninvasive detection method scheme, genetically modified crop graphics, electronic or robotic medical device designs, and novel diagnostics and therapeutics and the associated graphic user interphase can all be protected under the umbrella of design patents.
A design patent is usually restricted to one claim, and thus comes with reduced legal fees. Compared to a utility patent, a design patent can have less than a third of a utility patent’s cost, yet produces more than three times the allowance rate in less than a third of the processing time. Notably, there are no maintenance fees for design patents. Once granted, a design patent offers a lifespan of 14 years. Importantly, a design patent is not subject to publication. Therefore, a company can “fly under the radar” while perfecting its product development until grant of the design patent. A design patent provides protection of the design of a product at an early stage when the product enters the marketplace. During the lifespan of the design patent, customer reliance and brand building develop, along with the secondary meaning. This secondary meaning may grease the wheels to trade dress protection later on, potentially prolonging the product’s IP protection.
Unique to design patents are the requirements for the filing of drawings or photographs that define the scope of design patent protection. The drawings or photographs need to demonstrate what is “new” of the invention against the prior art. Care needs to be taken to procure a broad scope of protection for design patents so that not only is a particular embodiment of the design protected, but also the design concept in general. Used strategically, design patents can successfully leverage an overall IP strategy to align with biotech startups’ business goals.
Trademarks
A trademark protects a symbol, name, word, logo, or design (15 U.S.C. § 1127). A registered trademark provides legal ownership of a mark that sets a startup apart from its competitors.
Trademarks are important for brand building and extremely valuable for distinguishing one’s product from the competition. With registered trademark protection, although more than one company can sell the same product, only one company can legally market that product under the trademarked name. An interesting example is the present day top-selling biologic drug, HUMIRA. Developed in the late ’90s by BASF Pharma and Cambridge Antibody Technology, this monoclonal antibody was simply called D2E7. Abbott subsequently acquired the drug and gave it the name Humira, an acronym for human monoclonal antibody in rheumatoid arthritis. Humira has since been approved in nearly 100 countries worldwide for treating multiple autoimmune diseases, generating billions in annual revenue. Although Humira’s U.S. patents expired in 2016, and its EU patents will follow suit in 2018, following the Abbott split, AbbVie is currently deriving branding revenues and able to market the drug under Humira despite the product’s looming expiration date.
Unlike utility and design patents, which have limited terms, a trademark can offer unlimited protection. The term of a trademark is 10 years and is renewable in 10-year increments so long as you keep using it. Both design patents and trademarks can be used to protect a design simultaneously. If design patent protection is used early on by biotech startups, the company can develop a product’s trademark rights without worrying about interference from competitors during the 14 years before the design patent expires. Additional protection can be extended via trademarks. In addition, trademarks can be important later on in infringement lawsuits. The standard is a “likelihood of confusion” for trademarks, which is lower than the design patent standard of a showing that an ordinary observer would find that the two designs in dispute are “substantially the same.”
Interestingly, trademarks tend to be industry specific. For example, the same or similar wording used within a logo for an automobile manufacturing company, which would protect from infringement another business in the automobile industry, may not prevent another company in a completely different industry from infringing on your trademark.
While there is no strict deadline to file a trademark, it is imperative to secure an early filing date to the extent possible because the filing date helps the U.S. Patent and Trademark Office determine who filed first when another entity tries to trademark something identical or similar to your mark. Waiting too long to file may render your business unable to use the mark. In that case, your customers may become confused about what products your company makes, ultimately losing their loyalty and suffering financial loss.
The average filing fee for a trademark is between $225 and $600. It usually takes between 6 and 16 months to process the application. You can use your mark on products during this time. However, if your mark isn’t unique enough to qualify for trademark protection, you may need to take it off your products. During the time that the application is pending, you can legally use the TM symbol with your mark. After your trademark application is approved by the USPTO, you can use the registered symbol.
Read More >> http://www.ipwatchdog.com/2018/10/21/cost-effective-ip-strategies-biotech-startups/id=102340/
A well-devised intellectual property (IP) portfolio can go a long way to ensure a startup biotech company’s business success in the marketplace. Patents allow a patent holder to exclude others from making, using, offering to sell, selling or importing a similar product based on what is claimed in the patent while the patent is in force (35 U.S.C. 154). Biotech startups generally invest in utility patents to protect core inventions and serve as barriers to entry against competitors. When faced with budget constraints, biotech startups can tap into less expensive IP protection options to boost market position, drive up value, attract venture capital funds and generate revenue, including cross-licensing and/or settlement agreements.
Design Patents
A valuable, yet often overlooked IP protection option is a design patent. Unlike a utility patent, which protects the way a product is used or works (35 U.S.C. 101), a design patent protects the way a product looks (35 U.S.C. 171). In other words, a design patent protects the ornamental appearance or visual characteristics beyond a product’s structure and function. Typically used in consumer products, where the aesthetic features of the products can augment the brand and breed customer loyalty, a design patent can be effectively used by biotech startups to protect a logo or catchphrase, a configuration, shape or surface ornamentation of a product, a product label, packaging or color scheme to improve their IP portfolio overall, in a cost-effective manner. For example, a biotech startup’s unique automated nucleic acid sequencing process, novel platform antibody design, special biologically produced fuels and chemicals, noninvasive detection method scheme, genetically modified crop graphics, electronic or robotic medical device designs, and novel diagnostics and therapeutics and the associated graphic user interphase can all be protected under the umbrella of design patents.
A design patent is usually restricted to one claim, and thus comes with reduced legal fees. Compared to a utility patent, a design patent can have less than a third of a utility patent’s cost, yet produces more than three times the allowance rate in less than a third of the processing time. Notably, there are no maintenance fees for design patents. Once granted, a design patent offers a lifespan of 14 years. Importantly, a design patent is not subject to publication. Therefore, a company can “fly under the radar” while perfecting its product development until grant of the design patent. A design patent provides protection of the design of a product at an early stage when the product enters the marketplace. During the lifespan of the design patent, customer reliance and brand building develop, along with the secondary meaning. This secondary meaning may grease the wheels to trade dress protection later on, potentially prolonging the product’s IP protection.
Unique to design patents are the requirements for the filing of drawings or photographs that define the scope of design patent protection. The drawings or photographs need to demonstrate what is “new” of the invention against the prior art. Care needs to be taken to procure a broad scope of protection for design patents so that not only is a particular embodiment of the design protected, but also the design concept in general. Used strategically, design patents can successfully leverage an overall IP strategy to align with biotech startups’ business goals.
Trademarks
A trademark protects a symbol, name, word, logo, or design (15 U.S.C. § 1127). A registered trademark provides legal ownership of a mark that sets a startup apart from its competitors.
Trademarks are important for brand building and extremely valuable for distinguishing one’s product from the competition. With registered trademark protection, although more than one company can sell the same product, only one company can legally market that product under the trademarked name. An interesting example is the present day top-selling biologic drug, HUMIRA. Developed in the late ’90s by BASF Pharma and Cambridge Antibody Technology, this monoclonal antibody was simply called D2E7. Abbott subsequently acquired the drug and gave it the name Humira, an acronym for human monoclonal antibody in rheumatoid arthritis. Humira has since been approved in nearly 100 countries worldwide for treating multiple autoimmune diseases, generating billions in annual revenue. Although Humira’s U.S. patents expired in 2016, and its EU patents will follow suit in 2018, following the Abbott split, AbbVie is currently deriving branding revenues and able to market the drug under Humira despite the product’s looming expiration date.
Unlike utility and design patents, which have limited terms, a trademark can offer unlimited protection. The term of a trademark is 10 years and is renewable in 10-year increments so long as you keep using it. Both design patents and trademarks can be used to protect a design simultaneously. If design patent protection is used early on by biotech startups, the company can develop a product’s trademark rights without worrying about interference from competitors during the 14 years before the design patent expires. Additional protection can be extended via trademarks. In addition, trademarks can be important later on in infringement lawsuits. The standard is a “likelihood of confusion” for trademarks, which is lower than the design patent standard of a showing that an ordinary observer would find that the two designs in dispute are “substantially the same.”
Interestingly, trademarks tend to be industry specific. For example, the same or similar wording used within a logo for an automobile manufacturing company, which would protect from infringement another business in the automobile industry, may not prevent another company in a completely different industry from infringing on your trademark.
While there is no strict deadline to file a trademark, it is imperative to secure an early filing date to the extent possible because the filing date helps the U.S. Patent and Trademark Office determine who filed first when another entity tries to trademark something identical or similar to your mark. Waiting too long to file may render your business unable to use the mark. In that case, your customers may become confused about what products your company makes, ultimately losing their loyalty and suffering financial loss.
The average filing fee for a trademark is between $225 and $600. It usually takes between 6 and 16 months to process the application. You can use your mark on products during this time. However, if your mark isn’t unique enough to qualify for trademark protection, you may need to take it off your products. During the time that the application is pending, you can legally use the TM symbol with your mark. After your trademark application is approved by the USPTO, you can use the registered symbol.
Read More >> http://www.ipwatchdog.com/2018/10/21/cost-effective-ip-strategies-biotech-startups/id=102340/
Sunday, October 21, 2018
How to Patent a Program
By: Michael J Foycik Jr.
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
A program
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent. A computer program can be copyrighted, but it can also often be patented. The types of protection are very different. Specifically, the inventive steps of the program can be patented, and because of this the patent can provide protection far beyond just the specific program language used.
First, a drawing is made showing the most important steps of the program as a flowchart diagram. It is usually not necessary to give every detail of the operation of the program; instead, the main features should be illustrated. The program should be protected by a utility patent application, since that will cover any type of program language. This is also sometimes called a “regular” patent application. The program steps can be explained in words and by the flowchart drawings. The drawings do not need to be like blueprints. And, it is not necessary to have a working program, as long as the steps could be followed by a skilled programmer.
This is a good point to mention that there is also something called a “provisional patent application” that gives patent pending status for one year, permitting a utility patent application to be filed at any time during that year. This is much less expensive, and is recommended when there is an urgent need to get something one file, for example just prior to a trade show or publication. Further below, there is a section called “How to patent using a provisional patent application.”
Here's a simple example showing how to patent an idea for a simple and amusing invention, where a computer program is used. The program determines sequential prime numbers and activates a light for a time corresponding to the prime number. Here, the blinking light is connected to a pencil eraser. For the moment, we aren't concerned with whether it has been done before, it is just an example. For now, the idea would be expressed in words, written just as above. Let's say the steps are: determine prime numbers in sequence from 1; wait until that number of seconds has elapsed; then blink the light ON for a number of seconds equal to the value of the prime number that has been reached. These steps would be shown in a simple flowchart. And, since it is possible to illustrate the idea in a drawing, we would also add a sketch showing where the light should be placed on the eraser. What else should be shown? The light should have a power source, for example a small solar panel or a small battery, and connecting wires should be shown connecting the power source to the light.
Next, a claim is added to describe the invention broadly, such as the following: Claim 1: A method for activating a light such that the light indicates the value of a determined number, comprising the steps of: the step of determining a sequential prime number from a starting value; the step of waiting a number of seconds corresponding to the determined prime number; the step of blinking the light ON for a number of seconds equal to the value of the determined prime number in the preceding step; replacing the starting value with the determined prime number; and returning to the first step above.
Standard text is then added including sections titled: background of the invention; summary of the invention; brief description of the drawings; and an abstract of the disclosure. This part is not usually hard to do, but can be time consuming.
Then, a Declaration is prepared showing the name of the inventor and title of the invention. This is from a standard form provided by the US Patent Office. Ideally, a copy of the computer program itself is attached to the patent application when it is filed with the US Patent Office.
Read More >> http://internationalpatentservice.com/How-to-Patent-a-Program.html
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
A program
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent. A computer program can be copyrighted, but it can also often be patented. The types of protection are very different. Specifically, the inventive steps of the program can be patented, and because of this the patent can provide protection far beyond just the specific program language used.
First, a drawing is made showing the most important steps of the program as a flowchart diagram. It is usually not necessary to give every detail of the operation of the program; instead, the main features should be illustrated. The program should be protected by a utility patent application, since that will cover any type of program language. This is also sometimes called a “regular” patent application. The program steps can be explained in words and by the flowchart drawings. The drawings do not need to be like blueprints. And, it is not necessary to have a working program, as long as the steps could be followed by a skilled programmer.
This is a good point to mention that there is also something called a “provisional patent application” that gives patent pending status for one year, permitting a utility patent application to be filed at any time during that year. This is much less expensive, and is recommended when there is an urgent need to get something one file, for example just prior to a trade show or publication. Further below, there is a section called “How to patent using a provisional patent application.”
Here's a simple example showing how to patent an idea for a simple and amusing invention, where a computer program is used. The program determines sequential prime numbers and activates a light for a time corresponding to the prime number. Here, the blinking light is connected to a pencil eraser. For the moment, we aren't concerned with whether it has been done before, it is just an example. For now, the idea would be expressed in words, written just as above. Let's say the steps are: determine prime numbers in sequence from 1; wait until that number of seconds has elapsed; then blink the light ON for a number of seconds equal to the value of the prime number that has been reached. These steps would be shown in a simple flowchart. And, since it is possible to illustrate the idea in a drawing, we would also add a sketch showing where the light should be placed on the eraser. What else should be shown? The light should have a power source, for example a small solar panel or a small battery, and connecting wires should be shown connecting the power source to the light.
Next, a claim is added to describe the invention broadly, such as the following: Claim 1: A method for activating a light such that the light indicates the value of a determined number, comprising the steps of: the step of determining a sequential prime number from a starting value; the step of waiting a number of seconds corresponding to the determined prime number; the step of blinking the light ON for a number of seconds equal to the value of the determined prime number in the preceding step; replacing the starting value with the determined prime number; and returning to the first step above.
Standard text is then added including sections titled: background of the invention; summary of the invention; brief description of the drawings; and an abstract of the disclosure. This part is not usually hard to do, but can be time consuming.
Then, a Declaration is prepared showing the name of the inventor and title of the invention. This is from a standard form provided by the US Patent Office. Ideally, a copy of the computer program itself is attached to the patent application when it is filed with the US Patent Office.
Read More >> http://internationalpatentservice.com/How-to-Patent-a-Program.html
Sunday, October 14, 2018
Make Money On Your Intellectual Property
By: Amy Fontinelle
Have you ever wondered why store-brand cola doesn’t taste the same as Coca-Cola (CCE)? Why competitors’ laptops often don’t look as sleek as Apple’s (AAPL)? Why the prescription drug you have to take every day costs so much?
It’s because of intellectual property (IP) and the laws that protect intellectual property rights. In this article, you’ll learn about the four different categories of intellectual property, and how they protect inventors and creators. We’ll also touch on some controversies surrounding IP.
What Is Intellectual Property?
Intellectual property, broadly speaking, is not just an idea, but an idea that has been turned into something tangible like a book, a product design, a company logo or a prescription drug. It takes someone a lot of effort and experience to come up with a novel, valuable idea, and intellectual property laws protect those ideas. These protections prevent people other than the creator from taking credit for – or profiting from – an invention without the creator’s permission.
Patents, trademarks, trade secrets and copyrights are the ways an inventor can legally protect his or her intellectual property rights. The owner of intellectual property rights can sue anyone who violates those rights. Not all inventions can be protected under intellectual property laws, however, and intellectual property rights expire after a certain period of time.
Types of Intellectual Property
There are four main categories of intellectual property: patents, trademarks, trade secrets and copyrights.
Patents are government licenses that give the holder exclusive rights to a process, design or new invention. Those exclusive rights last 14 to 20 years in the United States, depending on the type of patent. The United States Patent and Trademark Office handles patent applications and documentation in the United States. The designs for Apple’s various iPods are patented, for example. (For more information, see Patents Are Assets, So Learn How To Value Them.)
Trademarks are symbols, words, phrases, logos or combinations thereof that legally distinguish one company's product from any others. Examples of popular trademarks include the names Google (GOOG), Walmart (WMT) and Microsoft (MSFT), and images such as the Nike (NKE) swoosh. Trademarks can be protected as long as they are in use.
Trade secrets are a company’s internal processes or practices that give it a competitive advantage and aren’t publicly known. To secure legal protection for their trade secrets, companies must make reasonable efforts to protect them, and the information must have economic value. The recipe for Mrs. Fields’ chocolate chip cookies is an example of a trade secret. With trade secrets, protection lasts for as long as the company manages to keep the information under wraps.
Copyrights protect original works of authorship such as literature, films, music, drawings, software and more for 50 to 100 years after the creator’s death for individual creators, or a shorter period for corporate creators. Copyrights are generated automatically when someone creates something, but the creator can register a work with the copyright office for increased protection. For example, your dad owns the copyright to the home video he recorded of you opening Christmas presents in 1988 simply because he made the video. If he were concerned about your aunt trying to take credit for it, and make big bucks from selling it, he could register the video’s copyright. (See Things You Didn't Know You Could Copyright.)
More than one type of intellectual property right may apply to the same product. A cookie recipe may be protected by a trade secret, while the cookie company’s logo may be protected by trademark and its resealable packaging may be protected by patent.
How to Protect Intellectual Property
If you want to protect your intellectual property, here’s how to do it. To secure a patent or register a trademark in the United States, the inventor should file a patent application with the United States Patent and Trademark Office. The basic conditions for patentability are that the invention must be novel and nonobvious. To register a copyright, the owner should go through the Copyright Office of the Library of Congress. It’s up to you to protect any trade secrets.
Certain types of inventions can never be patented, including mathematical formulas, scientific principles and natural substances. You can’t copyright a work that hasn’t been written or recorded or that is commonly known information with no known original authorship (such as a standard calendar or tape measure). And you can’t trademark a generic term, as Google learned when it tried to trademark the word “glass” to protect its high-tech glasses. Google can, however, trademark the term “Google Glass” and the product’s unique logo.
Why Intellectual Property Is Important to Companies
Intellectual property protects the market value of data that can give a business a competitive advantage. “Today’s economy is driven by innovation and information,” says intellectual property lawyer Joey Morris, a partner with the Smith Anderson law firm in North Carolina. “Intellectual property protects and encourages innovation by ensuring that a business has the opportunity to enjoy the competitive edge resulting from its investment in research and development.”
"A key initial step for a business in protecting its intellectual property rights is to make sure that it owns its employees’ inventions and other valuable intellectual property," Morris says. “One way to do that is to make sure that all employees who may develop intellectual property of any kind enter into a written agreement assigning to the business all intellectual property that they create that relates to their employment.”
In addition, companies that hire independent contractors need to make sure the independent contractor performs the work under a work-for-hire agreement if the company wants to own the copyright to the independent contractor’s creations. For example, a website that hires freelance writers would need to own the intellectual property rights to the articles it purchased if it wanted to prevent its freelancers from reselling the articles it had paid them for to competing websites.
“The last thing a business should have to face is competing against the unauthorized use of its own valuable intellectual property by others,” Morris says. “Deploying the full array of legal protections available can help a business capture the full economic benefits of its intellectual property assets by preventing others from using them unfairly and without permission.”
Read More >> https://www.investopedia.com/articles/investing/102714/understanding-intellectual-property.asp
Have you ever wondered why store-brand cola doesn’t taste the same as Coca-Cola (CCE)? Why competitors’ laptops often don’t look as sleek as Apple’s (AAPL)? Why the prescription drug you have to take every day costs so much?
It’s because of intellectual property (IP) and the laws that protect intellectual property rights. In this article, you’ll learn about the four different categories of intellectual property, and how they protect inventors and creators. We’ll also touch on some controversies surrounding IP.
What Is Intellectual Property?
Intellectual property, broadly speaking, is not just an idea, but an idea that has been turned into something tangible like a book, a product design, a company logo or a prescription drug. It takes someone a lot of effort and experience to come up with a novel, valuable idea, and intellectual property laws protect those ideas. These protections prevent people other than the creator from taking credit for – or profiting from – an invention without the creator’s permission.
Patents, trademarks, trade secrets and copyrights are the ways an inventor can legally protect his or her intellectual property rights. The owner of intellectual property rights can sue anyone who violates those rights. Not all inventions can be protected under intellectual property laws, however, and intellectual property rights expire after a certain period of time.
Types of Intellectual Property
There are four main categories of intellectual property: patents, trademarks, trade secrets and copyrights.
Patents are government licenses that give the holder exclusive rights to a process, design or new invention. Those exclusive rights last 14 to 20 years in the United States, depending on the type of patent. The United States Patent and Trademark Office handles patent applications and documentation in the United States. The designs for Apple’s various iPods are patented, for example. (For more information, see Patents Are Assets, So Learn How To Value Them.)
Trademarks are symbols, words, phrases, logos or combinations thereof that legally distinguish one company's product from any others. Examples of popular trademarks include the names Google (GOOG), Walmart (WMT) and Microsoft (MSFT), and images such as the Nike (NKE) swoosh. Trademarks can be protected as long as they are in use.
Trade secrets are a company’s internal processes or practices that give it a competitive advantage and aren’t publicly known. To secure legal protection for their trade secrets, companies must make reasonable efforts to protect them, and the information must have economic value. The recipe for Mrs. Fields’ chocolate chip cookies is an example of a trade secret. With trade secrets, protection lasts for as long as the company manages to keep the information under wraps.
Copyrights protect original works of authorship such as literature, films, music, drawings, software and more for 50 to 100 years after the creator’s death for individual creators, or a shorter period for corporate creators. Copyrights are generated automatically when someone creates something, but the creator can register a work with the copyright office for increased protection. For example, your dad owns the copyright to the home video he recorded of you opening Christmas presents in 1988 simply because he made the video. If he were concerned about your aunt trying to take credit for it, and make big bucks from selling it, he could register the video’s copyright. (See Things You Didn't Know You Could Copyright.)
More than one type of intellectual property right may apply to the same product. A cookie recipe may be protected by a trade secret, while the cookie company’s logo may be protected by trademark and its resealable packaging may be protected by patent.
How to Protect Intellectual Property
If you want to protect your intellectual property, here’s how to do it. To secure a patent or register a trademark in the United States, the inventor should file a patent application with the United States Patent and Trademark Office. The basic conditions for patentability are that the invention must be novel and nonobvious. To register a copyright, the owner should go through the Copyright Office of the Library of Congress. It’s up to you to protect any trade secrets.
Certain types of inventions can never be patented, including mathematical formulas, scientific principles and natural substances. You can’t copyright a work that hasn’t been written or recorded or that is commonly known information with no known original authorship (such as a standard calendar or tape measure). And you can’t trademark a generic term, as Google learned when it tried to trademark the word “glass” to protect its high-tech glasses. Google can, however, trademark the term “Google Glass” and the product’s unique logo.
Why Intellectual Property Is Important to Companies
Intellectual property protects the market value of data that can give a business a competitive advantage. “Today’s economy is driven by innovation and information,” says intellectual property lawyer Joey Morris, a partner with the Smith Anderson law firm in North Carolina. “Intellectual property protects and encourages innovation by ensuring that a business has the opportunity to enjoy the competitive edge resulting from its investment in research and development.”
"A key initial step for a business in protecting its intellectual property rights is to make sure that it owns its employees’ inventions and other valuable intellectual property," Morris says. “One way to do that is to make sure that all employees who may develop intellectual property of any kind enter into a written agreement assigning to the business all intellectual property that they create that relates to their employment.”
In addition, companies that hire independent contractors need to make sure the independent contractor performs the work under a work-for-hire agreement if the company wants to own the copyright to the independent contractor’s creations. For example, a website that hires freelance writers would need to own the intellectual property rights to the articles it purchased if it wanted to prevent its freelancers from reselling the articles it had paid them for to competing websites.
“The last thing a business should have to face is competing against the unauthorized use of its own valuable intellectual property by others,” Morris says. “Deploying the full array of legal protections available can help a business capture the full economic benefits of its intellectual property assets by preventing others from using them unfairly and without permission.”
Read More >> https://www.investopedia.com/articles/investing/102714/understanding-intellectual-property.asp
Saturday, October 13, 2018
How to 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.
An idea or any useful device or method
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.
Introduction and types of patent
Many types of ideas can be patented. Anything that has a function or use can be patented. Also, patent protection can cover many (but not all) types of business methods, most types of computer programs, new methods and processes, new chemicals and compounds, and new materials or new uses for old materials. Where the invention is for a design feature or an ornamental cover or casing, for example, then a design patent is the best way of protecting the invention. How to get a design patent, and how to patent a design, is explained in a separate section below.
How to Patent an Idea
An idea can best be protected by a utility patent application. This is also sometimes called a “regular” patent application. The idea can be explained in words and, if possible, by drawings. The drawings do not need to be like blueprints; instead, they are simplified and do not usually have to show conventional features. And, it is not necessary to have a working model.
Before getting into the details, we would like to mention that there is also something called a “provisional patent application” discussed hereunder. It gives patent pending status for one year, permitting a utility patent application to be filed at any time during that year. That is another way to get a patent. The provisional application is much less expensive than a utility patent application, and can be recommended when there is an urgent need to get a patent application on file with the US Patent Office. For example, just prior to a trade show or publication of the invention, there is an urgent need to have the idea on file with the US Patent Office. For further information, see the section below called “How to patent using a provisional patent application.”
Here's a simple example showing how to patent an idea for a very simple and amusing invention. The simple idea: add a blinking light to a pencil eraser. For the moment, we aren't concerned with whether it has been done before; we could find that out using a patent search if we wished. For now, the idea would be expressed in words in the patent application, written just as above. And, since it is possible to illustrate the idea in a drawing, we would also add a sketch showing where the light should be placed on the eraser. What else should be shown? The light should have a power source, for example a small solar panel or a small battery, and connecting wires should be shown connecting the power source to the light. Then, text is added to the patent application by describing the parts shown in the drawings, explaining possible uses and advantages, and mentioning possible alternatives that are included in the invention such as various types of light sources such as LEDs, incandescent bulbs, phosphorescent lighting, and so on.
Read More >> http://internationalpatentservice.com/How-to-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.
An idea or any useful device or method
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.
Introduction and types of patent
Many types of ideas can be patented. Anything that has a function or use can be patented. Also, patent protection can cover many (but not all) types of business methods, most types of computer programs, new methods and processes, new chemicals and compounds, and new materials or new uses for old materials. Where the invention is for a design feature or an ornamental cover or casing, for example, then a design patent is the best way of protecting the invention. How to get a design patent, and how to patent a design, is explained in a separate section below.
How to Patent an Idea
An idea can best be protected by a utility patent application. This is also sometimes called a “regular” patent application. The idea can be explained in words and, if possible, by drawings. The drawings do not need to be like blueprints; instead, they are simplified and do not usually have to show conventional features. And, it is not necessary to have a working model.
Before getting into the details, we would like to mention that there is also something called a “provisional patent application” discussed hereunder. It gives patent pending status for one year, permitting a utility patent application to be filed at any time during that year. That is another way to get a patent. The provisional application is much less expensive than a utility patent application, and can be recommended when there is an urgent need to get a patent application on file with the US Patent Office. For example, just prior to a trade show or publication of the invention, there is an urgent need to have the idea on file with the US Patent Office. For further information, see the section below called “How to patent using a provisional patent application.”
Here's a simple example showing how to patent an idea for a very simple and amusing invention. The simple idea: add a blinking light to a pencil eraser. For the moment, we aren't concerned with whether it has been done before; we could find that out using a patent search if we wished. For now, the idea would be expressed in words in the patent application, written just as above. And, since it is possible to illustrate the idea in a drawing, we would also add a sketch showing where the light should be placed on the eraser. What else should be shown? The light should have a power source, for example a small solar panel or a small battery, and connecting wires should be shown connecting the power source to the light. Then, text is added to the patent application by describing the parts shown in the drawings, explaining possible uses and advantages, and mentioning possible alternatives that are included in the invention such as various types of light sources such as LEDs, incandescent bulbs, phosphorescent lighting, and so on.
Read More >> http://internationalpatentservice.com/How-to-Patent.html
Thursday, October 11, 2018
iPass Continues to Optimize Wi-Fi Roaming Experience with Latest Patent
By: NASDAQ LIVE FEED
REDWOOD SHORES, Calif., Oct. 09, 2018 (GLOBE NEWSWIRE) — iPass Inc. (NASDAQ: IPAS), a leading provider of global mobile connectivity and location technology, today announced it has been granted United States Patent no. 10,080,209, issued on September 18th 2018, covering a means to identify whether a Wi-Fi access point is moving or stationary. Called Hop on/Hop off, the innovation analyzes telemetry data from a moving device that is connected to a Wi-Fi access point to determine whether the access point is also moving. The improved classification of Wi-Fi access points means that iPass SmartConnectTM users will always be connected to the best available network, even when their devices are moving.
Hop on/Hop off enhances the experience for users in two key scenarios. For example, if a moving user is listening to a music streaming service while driving down a city street, their device won’t connect to irrelevant networks, thereby limiting service disruption and preserving battery life. Likewise, a user on a Wi-Fi enabled airplane, train or bus can automatically connect to the iPass network where available.
The application for United States patent no. 10,080,209, “apparatus and method for identifying a moving Wi-Fi access point and managing connections therewith,” was applied for on September 22, 2016.
“Our goal is to provide users with the most seamless, secure Wi-Fi roaming experience possible,” said Raghu Konka, Vice President of Engineering at iPass. “Whether moving or stationery, iPass SmartConnect is constantly making intelligent connection decisions to invisibly and securely connect users to the Wi-Fi hotspots that best fit their needs. This patent is a key element in our vision to deliver unlimited, everywhere, and invisible connectivity to the best network, regardless of whether the network is Wi-Fi or cellular.”
iPass continues to prosecute patents to strengthen its global leadership in intelligent connection management, further enhancing the portfolio that was used in 2018 to collateralize a debt raise with Fortress.
About iPass, Inc.
iPass (NASDAQ: IPAS) has been a pioneer in wireless technology for 20 years. The company’s SmartConnect technology enables wireless users to automatically transition between Wi-Fi and cellular so they can stay connected to work – and life – on the go. This technology also lets businesses gather rich insights based on customer location. By incorporating both Wi-Fi and GPS signals, iPass delivers the industry’s most accurate location data, so that businesses can better understand their customers and create more value.
iPass® is a registered trademark of iPass Inc. Wi-Fi® is a registered trademark of the Wi-Fi Alliance. All other trademarks are owned by their respective owners.
Source >> https://www.financialbuzz.com/ipass-continues-to-optimize-wi-fi-roaming-experience-with-latest-patent-1200344/
REDWOOD SHORES, Calif., Oct. 09, 2018 (GLOBE NEWSWIRE) — iPass Inc. (NASDAQ: IPAS), a leading provider of global mobile connectivity and location technology, today announced it has been granted United States Patent no. 10,080,209, issued on September 18th 2018, covering a means to identify whether a Wi-Fi access point is moving or stationary. Called Hop on/Hop off, the innovation analyzes telemetry data from a moving device that is connected to a Wi-Fi access point to determine whether the access point is also moving. The improved classification of Wi-Fi access points means that iPass SmartConnectTM users will always be connected to the best available network, even when their devices are moving.
Hop on/Hop off enhances the experience for users in two key scenarios. For example, if a moving user is listening to a music streaming service while driving down a city street, their device won’t connect to irrelevant networks, thereby limiting service disruption and preserving battery life. Likewise, a user on a Wi-Fi enabled airplane, train or bus can automatically connect to the iPass network where available.
The application for United States patent no. 10,080,209, “apparatus and method for identifying a moving Wi-Fi access point and managing connections therewith,” was applied for on September 22, 2016.
“Our goal is to provide users with the most seamless, secure Wi-Fi roaming experience possible,” said Raghu Konka, Vice President of Engineering at iPass. “Whether moving or stationery, iPass SmartConnect is constantly making intelligent connection decisions to invisibly and securely connect users to the Wi-Fi hotspots that best fit their needs. This patent is a key element in our vision to deliver unlimited, everywhere, and invisible connectivity to the best network, regardless of whether the network is Wi-Fi or cellular.”
iPass continues to prosecute patents to strengthen its global leadership in intelligent connection management, further enhancing the portfolio that was used in 2018 to collateralize a debt raise with Fortress.
About iPass, Inc.
iPass (NASDAQ: IPAS) has been a pioneer in wireless technology for 20 years. The company’s SmartConnect technology enables wireless users to automatically transition between Wi-Fi and cellular so they can stay connected to work – and life – on the go. This technology also lets businesses gather rich insights based on customer location. By incorporating both Wi-Fi and GPS signals, iPass delivers the industry’s most accurate location data, so that businesses can better understand their customers and create more value.
iPass® is a registered trademark of iPass Inc. Wi-Fi® is a registered trademark of the Wi-Fi Alliance. All other trademarks are owned by their respective owners.
Source >> https://www.financialbuzz.com/ipass-continues-to-optimize-wi-fi-roaming-experience-with-latest-patent-1200344/
Wednesday, October 10, 2018
Startup Business: A Checklist
By: Michael J Foycik Jr.
June 22, 2016
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Starting a new business is exciting! Here's a checklist you'll want to consider.
> Trademark application or registered trademark. Everyone needs this.
> Pending patent application of any type: design, utility, or provisional (PPA).
> Funding, which can include crowd funding services like Kickstarter or Indiegogo.
> Copyright rights. This includes your web site and promotional materials.
> Publicity, if using crowd funding sites or if needed to attract investors.
Costs can be fairly low. Some informal rights are permitted, and every startup is different. Contact me with any questions at the email address below.
Read More >> http://internationalpatentservice.com/Startup-Business.html
June 22, 2016
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Starting a new business is exciting! Here's a checklist you'll want to consider.
> Trademark application or registered trademark. Everyone needs this.
> Pending patent application of any type: design, utility, or provisional (PPA).
> Funding, which can include crowd funding services like Kickstarter or Indiegogo.
> Copyright rights. This includes your web site and promotional materials.
> Publicity, if using crowd funding sites or if needed to attract investors.
Costs can be fairly low. Some informal rights are permitted, and every startup is different. Contact me with any questions at the email address below.
Read More >> http://internationalpatentservice.com/Startup-Business.html
Tuesday, October 9, 2018
What is Intellectual Property?
By: Gene Quinn
Generally speaking, “intellectual property” is probably best thought of (at least form a conceptual standpoint) as creations of the mind that are given the legal rights often associated with real or personal property. The rights that are obtained by the creator are a function of statutory law (i.e., law created by the legislature). These statutes may be federal or state laws, or in some instance both federal and state law govern various aspect of a single type of intellectual property.
The term intellectual property itself is now commonly used to refer to the bundle of rights conferred by each of the following fields of law: (1) patent law; (2) copyright law; (3) trade secret law; (4) the right of publicity; and (5) trademark and unfair competition law. Some people confuse these areas of intellectual property law, and although there may be some similarities among these kinds of intellectual property protection, they are different and serve different purposes.
What is a Patent?
Whenever you think patent you should think invention. Thus, a patent is the grant of a property right to an inventor. Patents only exist once they have been granted, and in the United States patents are issued by the U.S. Patent and Trademark Office, which is a non-commercial federal entity and one of 14 bureaus in the Department of Commerce. Before going any further it is worth pointing out that ideas are not patentable, although every invention starts out with an idea. Still, in order to be in a position where you can obtain a patent your idea must have matured into an invention. See Moving from Idea to Patent.
There are three very different kinds of patent in the United States: (1) a utility patent, which covers the functional aspects of products and processes; (2) a design patent, which covers the ornamental design of useful objects; and (3) a plant patent, which covers a new variety of living plant.
Each type of patent confers “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention into the United States. It is important to note, however, that patents do not protect ideas, but rather protect only tangible or identifiable structures and methods.
Typically when someone refers generically to “a patent” they are talking about a utility patent. In order to obtain a utility patent it is necessary to file a non-provisional patent application and go through an examination process where a patent examiner will review the application to determine what, if any, claims can be allowed. Many are probably also familiar with a provisional patent application, which can be used to establish priority and give the applicant “patent pending” status. A provisional patent application will never mature into a patent though. It is always necessary to file a non provisional patent application to obtain a patent.
Patent claims define the exclusive rights granted by the government. If it is not in a patent claim you do not have rights associated with it. If the claims are too detailed they can be easy to get around and not commercially useful. There is a lot that goes into any patent application, both from a technical and strategic standpoint.
Generally speaking the patent term for utility patents is now 20 years from the date on which the application for the patent was filed in the United States. Under some circumstances it is possible to obtain a 5 year extension to the patent grant, but this is rare, unless your invention relates to a pharmaceutical composition. It is also possible to obtain extension of patent term due to USPTO delay. Design patents, unlike utility patents, have a 14 year term from date of issuance. Historically, design patents were quite weak, but as the result of an important decision from the United States Court of Appeals for the Federal Circuit in the Fall of 2008, design patents are now much stronger and should be considered an important part of a patent portfolio when your invention relates to a product.
Read More >> http://www.ipwatchdog.com/2014/07/19/what-is-intellectual-property/id=47109/
Generally speaking, “intellectual property” is probably best thought of (at least form a conceptual standpoint) as creations of the mind that are given the legal rights often associated with real or personal property. The rights that are obtained by the creator are a function of statutory law (i.e., law created by the legislature). These statutes may be federal or state laws, or in some instance both federal and state law govern various aspect of a single type of intellectual property.
The term intellectual property itself is now commonly used to refer to the bundle of rights conferred by each of the following fields of law: (1) patent law; (2) copyright law; (3) trade secret law; (4) the right of publicity; and (5) trademark and unfair competition law. Some people confuse these areas of intellectual property law, and although there may be some similarities among these kinds of intellectual property protection, they are different and serve different purposes.
What is a Patent?
Whenever you think patent you should think invention. Thus, a patent is the grant of a property right to an inventor. Patents only exist once they have been granted, and in the United States patents are issued by the U.S. Patent and Trademark Office, which is a non-commercial federal entity and one of 14 bureaus in the Department of Commerce. Before going any further it is worth pointing out that ideas are not patentable, although every invention starts out with an idea. Still, in order to be in a position where you can obtain a patent your idea must have matured into an invention. See Moving from Idea to Patent.
There are three very different kinds of patent in the United States: (1) a utility patent, which covers the functional aspects of products and processes; (2) a design patent, which covers the ornamental design of useful objects; and (3) a plant patent, which covers a new variety of living plant.
Each type of patent confers “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention into the United States. It is important to note, however, that patents do not protect ideas, but rather protect only tangible or identifiable structures and methods.
Typically when someone refers generically to “a patent” they are talking about a utility patent. In order to obtain a utility patent it is necessary to file a non-provisional patent application and go through an examination process where a patent examiner will review the application to determine what, if any, claims can be allowed. Many are probably also familiar with a provisional patent application, which can be used to establish priority and give the applicant “patent pending” status. A provisional patent application will never mature into a patent though. It is always necessary to file a non provisional patent application to obtain a patent.
Patent claims define the exclusive rights granted by the government. If it is not in a patent claim you do not have rights associated with it. If the claims are too detailed they can be easy to get around and not commercially useful. There is a lot that goes into any patent application, both from a technical and strategic standpoint.
Generally speaking the patent term for utility patents is now 20 years from the date on which the application for the patent was filed in the United States. Under some circumstances it is possible to obtain a 5 year extension to the patent grant, but this is rare, unless your invention relates to a pharmaceutical composition. It is also possible to obtain extension of patent term due to USPTO delay. Design patents, unlike utility patents, have a 14 year term from date of issuance. Historically, design patents were quite weak, but as the result of an important decision from the United States Court of Appeals for the Federal Circuit in the Fall of 2008, design patents are now much stronger and should be considered an important part of a patent portfolio when your invention relates to a product.
Read More >> http://www.ipwatchdog.com/2014/07/19/what-is-intellectual-property/id=47109/
Monday, October 8, 2018
Some Indiegogo Success Tips
By: Michael J Foycik Jr.
August 6, 2014
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
If you're planning an Indiegogo campaign or other enterprise funding site, then these tips may help.
Have IP protection. What's that? It is intellectual property. It is not necessary to have an issued patent, but for success raising capital it is important to have at least patent pending protection. Trademark protection can help too. Don't neglect copyright protection and trade secret protection, if those are appropriate for your enterprise.
Get publicity. Use an inexpensive service that does e-press releases. Such a service can even help you write the press releases, for a small additional fee. And, try giving interviews to journals and magazines that might review your product or service.
Line up your tech resources ahead of time, to list on the site. These services would include affordable software technical services. Your product will need technical support services, so it may be a good idea to list such a company on your site. Other software services are important, as you're well aware already: sales support software, inventory management software, and employee management software, among others.
Read More >> http://internationalpatentservice.com/Some-Indiegogo-Success-Tips.html
August 6, 2014
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
If you're planning an Indiegogo campaign or other enterprise funding site, then these tips may help.
Have IP protection. What's that? It is intellectual property. It is not necessary to have an issued patent, but for success raising capital it is important to have at least patent pending protection. Trademark protection can help too. Don't neglect copyright protection and trade secret protection, if those are appropriate for your enterprise.
Get publicity. Use an inexpensive service that does e-press releases. Such a service can even help you write the press releases, for a small additional fee. And, try giving interviews to journals and magazines that might review your product or service.
Line up your tech resources ahead of time, to list on the site. These services would include affordable software technical services. Your product will need technical support services, so it may be a good idea to list such a company on your site. Other software services are important, as you're well aware already: sales support software, inventory management software, and employee management software, among others.
Read More >> http://internationalpatentservice.com/Some-Indiegogo-Success-Tips.html
Sunday, October 7, 2018
How to Use IP to Add Value to Your Startup
By: Patrick Jones
In the midst of the many things that go into starting a new business, it can be easy to overlook one of the most fundamental, and most valuable, aspects of any business: the protection of its intellectual property, or “IP.” And, even when the protection of IP is considered, protecting a startups can seem too expensive a proposition in light of limited resources.
What is “IP?”
The first questions a startup should ask are: What is “intellectual property,” and does my company have any “intellectual property” that can be protected and is worth protecting? The World Intellectual Property Organization (WIPO) defines “intellectual property” as “creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.” This may include the name of your company name or its brand, its logo, any patentable processes, and designs which enable your company to earn recognition or financial benefit from what it invents or creates.
Post a Job
There are three primary ways in which a startup (or any other entity) can protect its intellectual property: (1) patents, (2) trademarks, and (3) copyrights.
Patents
A patent is a government-granted monopoly that provides an exclusive right to make, use, and sell a particular invention for a period of 20 years from the date the patent application is filed at the United States Patent and Trademark Office (USPTO). In order to obtain a patent, the patent application must demonstrate that the invention constitutes patentable subject matter, and that the invention is new, non-obvious, and useful.
Patent applications can be costly (approximately $10,000 per application), and can take more than a year to prosecute, which is one of the reasons that companies without a confirmed patent often state that they have a “patent pending.” Once a patent is obtained, however, it can be an exponentially valuable weapon in protecting a company’s inventions and marketplace, e.g., Amazon.com’s “one click” shopping, or “sliced bread.”
Trademark
A trademark is a name (“McDonald’s”), logo (the “golden arches”), or slogan (“I’m lovin’ it.”) that serves to associate a specific product or service with a specific company. A trademark owner can protect its trademark in the U.S. by registering the mark with the USPTO and globally by registering with the WIPO.
Get a free proposal from Patrick
In order to register a trademark, the mark must be distinctive and must be used consistently in commerce by the applicant, and cannot already be in use by another entity in association with the same or similar type of goods or services.
The legal expense of applying for a trademark is approx. $750, with additional filing fees for separate categories, such as retail, restaurant, etc., depending on the breadth of the services or products that the startup seeks to associate with the mark.
Copyright
Copyright protection is afforded to “original works of authorship.” Copyrightable works include, for example, literature, music, plays, choreography, pictorial works, graphics, sculptures, motion pictures, games, architectural works and, in some cases, software. Copyright protection includes the right to reproduce, distribute, and publicly perform the copyrighted work. Copyright arises automatically upon the creation of a work of authorship, but in order to sue for copyright infringement, the copyright must be registered with the U.S. Copyright Office.
How IP Adds Value to a Startup
Protectable IP is crucial to a startup on several levels. Startups compete against other startups and existing companies for (i) customers and market share, and (ii) investment from angels, venture capitalists, and other established investors. Protectable IP can help a startup succeed in both areas. In some cases, protectable IP can differentiate a startup’s service or product and aggressively protect against competition for customers and market share.
Read More >> https://www.upcounsel.com/blog/use-ip-add-value-startup
In the midst of the many things that go into starting a new business, it can be easy to overlook one of the most fundamental, and most valuable, aspects of any business: the protection of its intellectual property, or “IP.” And, even when the protection of IP is considered, protecting a startups can seem too expensive a proposition in light of limited resources.
What is “IP?”
The first questions a startup should ask are: What is “intellectual property,” and does my company have any “intellectual property” that can be protected and is worth protecting? The World Intellectual Property Organization (WIPO) defines “intellectual property” as “creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.” This may include the name of your company name or its brand, its logo, any patentable processes, and designs which enable your company to earn recognition or financial benefit from what it invents or creates.
Post a Job
There are three primary ways in which a startup (or any other entity) can protect its intellectual property: (1) patents, (2) trademarks, and (3) copyrights.
Patents
A patent is a government-granted monopoly that provides an exclusive right to make, use, and sell a particular invention for a period of 20 years from the date the patent application is filed at the United States Patent and Trademark Office (USPTO). In order to obtain a patent, the patent application must demonstrate that the invention constitutes patentable subject matter, and that the invention is new, non-obvious, and useful.
Patent applications can be costly (approximately $10,000 per application), and can take more than a year to prosecute, which is one of the reasons that companies without a confirmed patent often state that they have a “patent pending.” Once a patent is obtained, however, it can be an exponentially valuable weapon in protecting a company’s inventions and marketplace, e.g., Amazon.com’s “one click” shopping, or “sliced bread.”
Trademark
A trademark is a name (“McDonald’s”), logo (the “golden arches”), or slogan (“I’m lovin’ it.”) that serves to associate a specific product or service with a specific company. A trademark owner can protect its trademark in the U.S. by registering the mark with the USPTO and globally by registering with the WIPO.
Get a free proposal from Patrick
In order to register a trademark, the mark must be distinctive and must be used consistently in commerce by the applicant, and cannot already be in use by another entity in association with the same or similar type of goods or services.
The legal expense of applying for a trademark is approx. $750, with additional filing fees for separate categories, such as retail, restaurant, etc., depending on the breadth of the services or products that the startup seeks to associate with the mark.
Copyright
Copyright protection is afforded to “original works of authorship.” Copyrightable works include, for example, literature, music, plays, choreography, pictorial works, graphics, sculptures, motion pictures, games, architectural works and, in some cases, software. Copyright protection includes the right to reproduce, distribute, and publicly perform the copyrighted work. Copyright arises automatically upon the creation of a work of authorship, but in order to sue for copyright infringement, the copyright must be registered with the U.S. Copyright Office.
How IP Adds Value to a Startup
Protectable IP is crucial to a startup on several levels. Startups compete against other startups and existing companies for (i) customers and market share, and (ii) investment from angels, venture capitalists, and other established investors. Protectable IP can help a startup succeed in both areas. In some cases, protectable IP can differentiate a startup’s service or product and aggressively protect against competition for customers and market share.
Read More >> https://www.upcounsel.com/blog/use-ip-add-value-startup
Saturday, October 6, 2018
Unpatentable - No Problem! Tips To Protect Your Idea Anyway
By: Michael J Foycik Jr.
February 20, 2014
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
So your new idea might not be patentable. Don't let that stop you! Here's some tips on what to do when your invention is not patentable.
Tip one: mark everything “confidential” and protect it under trade secret law.
Tip two: anything can be a trade secret. It just depends on the person seeing it. If it's new to them, and it's marked confidential, then it's a trade secret.
Tip three: a trade secret is probably better than a patent when it comes to those you have direct contact with. This is helpful if the idea is misappropriated by a retailer, distributor, developer, investor, and anyone else who sees the idea through you.
Tip four: file a provisional patent application (“PPA”). It documents your trade secret, the date of filing, and the ownership. As a government record, it is evidence. Few things could be as good.
Tip five: mark your materials with a copyright symbol. It triggers at least some degree of copyright protection in many cases. This is done by use of the copyright symbol followed by the date and owner. Here's a made-up example: © 2014 ZYX Corp.
Tip six: use the trademark symbol on key terms/phrases to gain trademark rights. Trademark rights depend on actual use, for example here's a made-up example: ZYX Dessert TM . Here's another example: ZYX Dessert is a trademark of ABC Corp.
Read More >> http://internationalpatentservice.com/Unpatentable-No-Problem-Tips-To-Protect-Your-Idea-Anyway.html
February 20, 2014
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
So your new idea might not be patentable. Don't let that stop you! Here's some tips on what to do when your invention is not patentable.
Tip one: mark everything “confidential” and protect it under trade secret law.
Tip two: anything can be a trade secret. It just depends on the person seeing it. If it's new to them, and it's marked confidential, then it's a trade secret.
Tip three: a trade secret is probably better than a patent when it comes to those you have direct contact with. This is helpful if the idea is misappropriated by a retailer, distributor, developer, investor, and anyone else who sees the idea through you.
Tip four: file a provisional patent application (“PPA”). It documents your trade secret, the date of filing, and the ownership. As a government record, it is evidence. Few things could be as good.
Tip five: mark your materials with a copyright symbol. It triggers at least some degree of copyright protection in many cases. This is done by use of the copyright symbol followed by the date and owner. Here's a made-up example: © 2014 ZYX Corp.
Tip six: use the trademark symbol on key terms/phrases to gain trademark rights. Trademark rights depend on actual use, for example here's a made-up example: ZYX Dessert TM . Here's another example: ZYX Dessert is a trademark of ABC Corp.
Read More >> http://internationalpatentservice.com/Unpatentable-No-Problem-Tips-To-Protect-Your-Idea-Anyway.html
Thursday, October 4, 2018
Why startups need a defensive IP strategy
By: Joe Medved
One of the things I really love about working with startup founders is that they are by nature an optimistic crowd: They set out to build amazing things, change the world and fundamentally shift the way people view things.
What they often don’t realize, though, is that in the midst of brutal competition, the path to scale and success is often lined with unexpected co-travelers and events. There are plenty of misfortunes that can befall startups: 29 percent run out of cash, 23 percent don’t have the right team on board and 8 percent are beleaguered by legal challenges. Though it’s impossible to plan for everything, there are definite safety belts you can put in place, especially from a legal standpoint.
Most founders I meet aren’t focused initially on intellectual property (IP) defense. They are, as they should be, thinking about how to build the best product that they’re able, and how to get the most customers to use it. What they often don’t see coming is that their success can sometimes make them a target for frivolous litigation.
Lawsuits are distractions and cash drains, especially when you’re a lean startup in the midst of managing high growth. Nobody wants to be a cautionary tale; here are some ideas on how to protect your startup.
Get educated
Knowing about the risks is half the battle. More and more, some companies are using litigation as a way to edge out competitors; in fact, there is an industry around litigation finance that helps companies on the receiving end stand up to those with deeper litigation pockets. Often, the litigation is around IP.
Patent trolls are another threat. More than 50 percent of businesses that are targeted by trolls make less than $10 million in revenue, and more than 80 percent of patent troll lawsuits have been multi-defendant suits using weak patents brought against companies with less than $100 million in revenue.
For trolls, startups are easy targets, because startups often have limited resources, lack internal patent expertise and, with the average cost of defending a patent lawsuit hovering at $3.2 million, have a huge incentive to settle.
Read More >> https://techcrunch.com/2016/08/17/why-startups-need-a-defensive-ip-strategy/
One of the things I really love about working with startup founders is that they are by nature an optimistic crowd: They set out to build amazing things, change the world and fundamentally shift the way people view things.
What they often don’t realize, though, is that in the midst of brutal competition, the path to scale and success is often lined with unexpected co-travelers and events. There are plenty of misfortunes that can befall startups: 29 percent run out of cash, 23 percent don’t have the right team on board and 8 percent are beleaguered by legal challenges. Though it’s impossible to plan for everything, there are definite safety belts you can put in place, especially from a legal standpoint.
Most founders I meet aren’t focused initially on intellectual property (IP) defense. They are, as they should be, thinking about how to build the best product that they’re able, and how to get the most customers to use it. What they often don’t see coming is that their success can sometimes make them a target for frivolous litigation.
Lawsuits are distractions and cash drains, especially when you’re a lean startup in the midst of managing high growth. Nobody wants to be a cautionary tale; here are some ideas on how to protect your startup.
Get educated
Knowing about the risks is half the battle. More and more, some companies are using litigation as a way to edge out competitors; in fact, there is an industry around litigation finance that helps companies on the receiving end stand up to those with deeper litigation pockets. Often, the litigation is around IP.
Patent trolls are another threat. More than 50 percent of businesses that are targeted by trolls make less than $10 million in revenue, and more than 80 percent of patent troll lawsuits have been multi-defendant suits using weak patents brought against companies with less than $100 million in revenue.
For trolls, startups are easy targets, because startups often have limited resources, lack internal patent expertise and, with the average cost of defending a patent lawsuit hovering at $3.2 million, have a huge incentive to settle.
Read More >> https://techcrunch.com/2016/08/17/why-startups-need-a-defensive-ip-strategy/
Wednesday, October 3, 2018
Quick And Easy Steps To Get Your Patent Application On File
By: Michael J Foycik Jr.
February 20, 2014
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Need a patent application on file in a hurry? This happens, for example, if you have a trade show coming up, or want to show your idea/invention to anyone.
First, write some things down: what it is called; what it does; how it works; and what it is made of. This part can be short or long, as you prefer. It is a great start either way!
Second, make simple sketches of what your idea/invention looks like. Show the parts, too. It's good to have several views, such as top, front, and side views.
Third, get an official patent office cover sheet for a provisional patent application online at www.uspto.gov, at the forms page. It's easy to find.
Fourth, check out the micro entity form and instructions. If you qualify (most do), you are entitled to much lower government fees, and fill out the micro entity form.
Fifth, put the information from the above first and second steps into the form of a standard specification with headings. This is easy to find at the www.uspto.gov site.
Sixth, file online or by Express Mail. The above-noted official patent office site has easy instructions for this.
Read More >> http://internationalpatentservice.com/Quick-And-Easy-Steps-To-Get-Your-Patent-Application-On-File.html
February 20, 2014
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Need a patent application on file in a hurry? This happens, for example, if you have a trade show coming up, or want to show your idea/invention to anyone.
First, write some things down: what it is called; what it does; how it works; and what it is made of. This part can be short or long, as you prefer. It is a great start either way!
Second, make simple sketches of what your idea/invention looks like. Show the parts, too. It's good to have several views, such as top, front, and side views.
Third, get an official patent office cover sheet for a provisional patent application online at www.uspto.gov, at the forms page. It's easy to find.
Fourth, check out the micro entity form and instructions. If you qualify (most do), you are entitled to much lower government fees, and fill out the micro entity form.
Fifth, put the information from the above first and second steps into the form of a standard specification with headings. This is easy to find at the www.uspto.gov site.
Sixth, file online or by Express Mail. The above-noted official patent office site has easy instructions for this.
Read More >> http://internationalpatentservice.com/Quick-And-Easy-Steps-To-Get-Your-Patent-Application-On-File.html
Tuesday, October 2, 2018
5 Tips to Choose the Best Name For Your startup
By: DESIGNHILL
If you always thought what’s in a name? It’s time you thought again! In the ever-changing and ever-so-competitive market, a brand name can spell the difference between and success and failure for a startup. A right brand name can turn your humble startup into Biz world’s
, whereas a wrong one can push it to anonymity and misfortune.
Entrepreneur.com reveals in one of its blogs that your startup brand name must effectively convey your expertise, value and uniqueness. But a fair share of aspiring entrepreneurs believe that your startup brand name must be abstract in order to effectively create an image in the market. The discussions and debate about naming a startup are pretty daunting. So, is there a certain way to pick up the best name for your startup? The answer is yes! There are certain tips that you should live by when naming your startup. So, without further ado, let’s explore 5 tips to choose the best name for your startup.
[Tweet “5 Tips to Choose the Best Name For Your startup”]
>> Namestorm – If you’re at the helm of a startup and are looking for that perfect name for your new business, do well to namestorm a little! Yes, you read that right. Brainstorm for a new, creative and unique name. Check out different books, magazine and even dictionaries to find creative names. Take help from your friends, peers and subordinates. If you find it difficult, consult an expert. Remember, it’s important to be careful when picking up a business name for it will reflected everywhere, from your custom logo design to your website and from your company banners to billboards.
>> Be Unique– When naming your startup, do well to let your creative juices flowing. Simply join two common words to create a new word. Or better yet, go one step further; create a new word by joining two others and combining their meanings. Such words are called portmanteau. Pinterest is a classic example of portmanteau. Remember, finding a witty name for your startup company is no mean feat, but it’s certainly worth all efforts.
>> Be Creative – Yet another brilliant way to name your startup is to use your domain name in a unique way to create something unusual and easy to recall. Visua.ly, Last.fm and Secret.ly just some of the many examples of such creative domains. You may use such witty domain names as URL shorteners too.
>> Reflect your brand – A better startup name is the one that speaks about what your business and company does. Such names help in branding. To create some buzz, choose a name after a popular character in a novel, film or elsewhere so that common people can relate to it. As per experts at FitSmallBusiness, it’s essential that one put’s some personality in their startup company’s name. People easily recall brand names with a story.
>> Time To Test – After you’ve narrowed down a few names for your startup, test these names. Ask for suggestions and feedback from friends, family and even acquaintances. Don’t forget to check the trademark elements of the names that you’ve finalized. If you are finding it difficult, hire a trademark attorney to ensure you’re your new business name isn’t infringing upon someone else’s trademark.
Now, when you’ve already found a unique, creative and memorable name for your startup business, start promoting your new business name immediately. Remember, your startup brand’s name is the first step towards building a strong brand identity in the ever-so-competitive market.
Have these tips help you come up with a name? Do you have something else to add to this list? We’d love to hear from you, please leave us your comments below.
Source >> https://www.designhill.com/design-blog/5-tips-to-choose-the-best-name-for-your-startup/
If you always thought what’s in a name? It’s time you thought again! In the ever-changing and ever-so-competitive market, a brand name can spell the difference between and success and failure for a startup. A right brand name can turn your humble startup into Biz world’s
, whereas a wrong one can push it to anonymity and misfortune.
Entrepreneur.com reveals in one of its blogs that your startup brand name must effectively convey your expertise, value and uniqueness. But a fair share of aspiring entrepreneurs believe that your startup brand name must be abstract in order to effectively create an image in the market. The discussions and debate about naming a startup are pretty daunting. So, is there a certain way to pick up the best name for your startup? The answer is yes! There are certain tips that you should live by when naming your startup. So, without further ado, let’s explore 5 tips to choose the best name for your startup.
[Tweet “5 Tips to Choose the Best Name For Your startup”]
>> Namestorm – If you’re at the helm of a startup and are looking for that perfect name for your new business, do well to namestorm a little! Yes, you read that right. Brainstorm for a new, creative and unique name. Check out different books, magazine and even dictionaries to find creative names. Take help from your friends, peers and subordinates. If you find it difficult, consult an expert. Remember, it’s important to be careful when picking up a business name for it will reflected everywhere, from your custom logo design to your website and from your company banners to billboards.
>> Be Unique– When naming your startup, do well to let your creative juices flowing. Simply join two common words to create a new word. Or better yet, go one step further; create a new word by joining two others and combining their meanings. Such words are called portmanteau. Pinterest is a classic example of portmanteau. Remember, finding a witty name for your startup company is no mean feat, but it’s certainly worth all efforts.
>> Be Creative – Yet another brilliant way to name your startup is to use your domain name in a unique way to create something unusual and easy to recall. Visua.ly, Last.fm and Secret.ly just some of the many examples of such creative domains. You may use such witty domain names as URL shorteners too.
>> Reflect your brand – A better startup name is the one that speaks about what your business and company does. Such names help in branding. To create some buzz, choose a name after a popular character in a novel, film or elsewhere so that common people can relate to it. As per experts at FitSmallBusiness, it’s essential that one put’s some personality in their startup company’s name. People easily recall brand names with a story.
>> Time To Test – After you’ve narrowed down a few names for your startup, test these names. Ask for suggestions and feedback from friends, family and even acquaintances. Don’t forget to check the trademark elements of the names that you’ve finalized. If you are finding it difficult, hire a trademark attorney to ensure you’re your new business name isn’t infringing upon someone else’s trademark.
Now, when you’ve already found a unique, creative and memorable name for your startup business, start promoting your new business name immediately. Remember, your startup brand’s name is the first step towards building a strong brand identity in the ever-so-competitive market.
Have these tips help you come up with a name? Do you have something else to add to this list? We’d love to hear from you, please leave us your comments below.
Source >> https://www.designhill.com/design-blog/5-tips-to-choose-the-best-name-for-your-startup/
Monday, October 1, 2018
Google Secrets No More - What Recent Google Patents Tell Us About SEO, Ads, and More
By: Michael J Foycik Jr.
January 9, 2014
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
There are interesting features in several recently issued Google patents. There are interesting insights, possibly secrets revealed, and opportunities too. Let's have a quick look.
A favorite of this author is Patent Number 8,589,391, which relates to a method for generating web site ratings for a user. This seems to be very useful. You can look this patent up online by searching “google patents advanced search” which brings up an option to search by patent number. I do recommend this, since there is an option to download the patent as a pdf file; this applies to the following patents as well.
And, something functional: Patent Number 8,589,387, for an Information Extractor from a Database, also assigned to Google. Here's an opportunity – if this is so important, other firms may well be able to develop improved/different methods for doing this which may well be of interest to search engine companies like Google.
More insights into the Google field of interest: Patent Number 8,589,399, for identifying terms of interest to an entity. This has obvious interest to marketers, but may have broader implications. And, there could be secrets revealed therein. Worth a look!
More opportunities for programmers and marketers may be in Patent Number 8,549,032, also to Google, for determining proximity to topics of advertisements. If this is still of importance now, other methods could well be of importance too. There seems to be room for growth in this field.
Read More >> http://internationalpatentservice.com/Google-Secrets-No-More.html
January 9, 2014
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
There are interesting features in several recently issued Google patents. There are interesting insights, possibly secrets revealed, and opportunities too. Let's have a quick look.
A favorite of this author is Patent Number 8,589,391, which relates to a method for generating web site ratings for a user. This seems to be very useful. You can look this patent up online by searching “google patents advanced search” which brings up an option to search by patent number. I do recommend this, since there is an option to download the patent as a pdf file; this applies to the following patents as well.
And, something functional: Patent Number 8,589,387, for an Information Extractor from a Database, also assigned to Google. Here's an opportunity – if this is so important, other firms may well be able to develop improved/different methods for doing this which may well be of interest to search engine companies like Google.
More insights into the Google field of interest: Patent Number 8,589,399, for identifying terms of interest to an entity. This has obvious interest to marketers, but may have broader implications. And, there could be secrets revealed therein. Worth a look!
More opportunities for programmers and marketers may be in Patent Number 8,549,032, also to Google, for determining proximity to topics of advertisements. If this is still of importance now, other methods could well be of importance too. There seems to be room for growth in this field.
Read More >> http://internationalpatentservice.com/Google-Secrets-No-More.html
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