By: Michael J Foycik Jr.
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
You (the owner) has an invention, a business idea, or a trade secret. To develop your invention, start a business, or talk with investors, you'll need to share information with these recipients, and you'll want protection before showing them anything. Many think an NDA (Non-Disclosure Agreement) will solve this problem, but there are major pitfalls to avoid. And, an NDA might not be the best solution anyway.
The biggest misconception, in my view: an NDA is intended to protect and help the owner of the invention, business idea, or trade secret. An NDA is much more likely to protect the recipient of the information, and not the owner. Let's see why that may be true.
Many NDA's provide for arbitration as a remedy rather than litigation, but that only benefits the richer party. Why? A court action can be filed for free or at very low cost, but an arbitration usually requires the payment of substantial fees up front, and more fees at later stages. When the recipient is a relatively substantial corporation or business, such fees may seem small, but to an individual or small businessperson such fees may be too great and they cannot enforce the NDA.
Normally, large companies fear litigation, and that is incentive for them to keep honest.
Another misconception: all NDA's are alike. Not at all. Each has to be studied in detail, because
many NDA's have fine print that lets the recipient off the hook. I have reviewed many NDA's over the years, and have found serious flaws in most of them: the legalese unbinds the recipient one way or another. Some unbind the recipient after a period of time, while others grant rights to the recipient. Some are written to be so confusing that they defy interpretation.
Read More >> http://internationalpatentservice.com/Costly-Misconceptions-About-NDA.html
Thursday, November 29, 2018
Wednesday, November 28, 2018
Learning about intellectual property can save your business money
By: Selma Canas
America’s SBDC Network recently held its annual conference in Washington, D.C., where I was lucky enough to attend an intellectual property (IP) session at the Global Intellectual Property Academy (GIPA), a learning and resource center located at the U.S. Patent and Trademark Office (USPTO) headquarters.
GIPA provides training to officials of IP on patents, trademarks, copyrights and enforcement, to strengthen IP protection in the U.S. and abroad. Living and doing business in a global world, as we do now, there is potential risk to a company’s IP internationally, as well as, domestically. Here are some key takeaways from the session that business owners might find helpful.
Businesses typically consider protecting their logo and/or invention but may not consider protecting their written material or secrets. Businesses usually have a varied IP portfolio. For example: KFC has their logos and slogans protected by trademarks; cooking methods and equipment protected by patents; the recipe of “11 herbs and spices” is protected by trade secrets; and drawings of Colonel Sanders, jingles and ads are protected by copyrights. According to Susan Anthony, Attorney-Advisor at USPTO, “businesses have more copyright material than any other IP”.
Copyright protects the expression of ideas (not the idea itself), such as movies, music, books, logos, product design and packaging, advertising, promotional and educational materials, and much more. It is a bundle of rights including making changes to work, making copies, distributing copies, and others.
Copyright does not require registration. However, registration does offer added value and it is the easiest, cheapest and fastest process compared to the other IP registrations. Internationally, copyrights are protected under a country’s national copyright laws but there are copyright treaties in many countries.
For more information, visit the U.S. Copyright Office’s website.
Trademarks protect words, slogans, and logos that identify a company’s products. There is a very important difference between U.S. and international trademark protection. In the U.S., trademark protection begins as of the first day of use, by the first person to use them. Internationally, the first person to register a trademark is protected. Therefore, a company doing business overseas, should seek the advice of a trademark attorney prior to attending international tradeshows or making international sales in order to reduce the potential risk of trademark infringement.
Visit www.STOPfakes.gov for country specific information.
Trade secrets protect confidential business information such as recipes, formulas, client lists, ideas, and much more. For example: WD40’s formula is a trade secret, as are the 39 previous formulations before #40. There is no registration for trade secrets in the U.S. or abroad but they are protected by national laws and last forever. The company must take precautions to avoid disclosure of trade secrets such as having employees sign non-disclosure agreements, providing badges and granting access to only certain areas of the company, and using separate computer systems, just to name of few.
Visit the World Intellectual Property Organization’s website for more information.
Patents protect one’s invention for 20 years and prevents others from making and selling the same product. Patent protection is not cheap, easy, or quick and the use of a patent attorney is highly recommended.
The most important thing to remember about patents is the time frame. In the U.S., an inventor has one year to file a patent from the time the product is made public. However, internationally, there is no grace period – one must file for a patent first, before talking about the product or selling the product.
There are many resources available to assist small businesses with patent protection, including pro bono assistance. The Patent Pro Bono Program matches inventors and small businesses that meet financial criteria with volunteer patent practitioners to file patent applications. This program is exclusively for patents and is available in every state. Visit the website for more information.
Additionally, the U.S. Patent and Trademark Office (USPTO) maintains regional offices to increase outreach activities, improve application processes and provide education. Located in Detroit, Denver, Silicon Valley, and Dallas, these offices provide inventors and small businesses with a USPTO presence throughout the US in addition to DC headquarters.
Read More >> https://sbdctampabay.com/learning-about-intellectual-property/
America’s SBDC Network recently held its annual conference in Washington, D.C., where I was lucky enough to attend an intellectual property (IP) session at the Global Intellectual Property Academy (GIPA), a learning and resource center located at the U.S. Patent and Trademark Office (USPTO) headquarters.
GIPA provides training to officials of IP on patents, trademarks, copyrights and enforcement, to strengthen IP protection in the U.S. and abroad. Living and doing business in a global world, as we do now, there is potential risk to a company’s IP internationally, as well as, domestically. Here are some key takeaways from the session that business owners might find helpful.
Businesses typically consider protecting their logo and/or invention but may not consider protecting their written material or secrets. Businesses usually have a varied IP portfolio. For example: KFC has their logos and slogans protected by trademarks; cooking methods and equipment protected by patents; the recipe of “11 herbs and spices” is protected by trade secrets; and drawings of Colonel Sanders, jingles and ads are protected by copyrights. According to Susan Anthony, Attorney-Advisor at USPTO, “businesses have more copyright material than any other IP”.
Copyright protects the expression of ideas (not the idea itself), such as movies, music, books, logos, product design and packaging, advertising, promotional and educational materials, and much more. It is a bundle of rights including making changes to work, making copies, distributing copies, and others.
Copyright does not require registration. However, registration does offer added value and it is the easiest, cheapest and fastest process compared to the other IP registrations. Internationally, copyrights are protected under a country’s national copyright laws but there are copyright treaties in many countries.
For more information, visit the U.S. Copyright Office’s website.
Trademarks protect words, slogans, and logos that identify a company’s products. There is a very important difference between U.S. and international trademark protection. In the U.S., trademark protection begins as of the first day of use, by the first person to use them. Internationally, the first person to register a trademark is protected. Therefore, a company doing business overseas, should seek the advice of a trademark attorney prior to attending international tradeshows or making international sales in order to reduce the potential risk of trademark infringement.
Visit www.STOPfakes.gov for country specific information.
Trade secrets protect confidential business information such as recipes, formulas, client lists, ideas, and much more. For example: WD40’s formula is a trade secret, as are the 39 previous formulations before #40. There is no registration for trade secrets in the U.S. or abroad but they are protected by national laws and last forever. The company must take precautions to avoid disclosure of trade secrets such as having employees sign non-disclosure agreements, providing badges and granting access to only certain areas of the company, and using separate computer systems, just to name of few.
Visit the World Intellectual Property Organization’s website for more information.
Patents protect one’s invention for 20 years and prevents others from making and selling the same product. Patent protection is not cheap, easy, or quick and the use of a patent attorney is highly recommended.
The most important thing to remember about patents is the time frame. In the U.S., an inventor has one year to file a patent from the time the product is made public. However, internationally, there is no grace period – one must file for a patent first, before talking about the product or selling the product.
There are many resources available to assist small businesses with patent protection, including pro bono assistance. The Patent Pro Bono Program matches inventors and small businesses that meet financial criteria with volunteer patent practitioners to file patent applications. This program is exclusively for patents and is available in every state. Visit the website for more information.
Additionally, the U.S. Patent and Trademark Office (USPTO) maintains regional offices to increase outreach activities, improve application processes and provide education. Located in Detroit, Denver, Silicon Valley, and Dallas, these offices provide inventors and small businesses with a USPTO presence throughout the US in addition to DC headquarters.
Read More >> https://sbdctampabay.com/learning-about-intellectual-property/
Tuesday, November 27, 2018
Patent Assignments - What Inventors Should Know
By: Michael J Foycik Jr.
May 29, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
If you're an inventor who is considering signing an Assignment of a patent or patent application, there are a few things you may want to know. Most questions concern the language of the Assignment itself, namely the promise to assign future improvements and to sign new patent applications related to the invention.
The typical Assignment includes language assigning the invention to the new owner (called the Assignee). That new owner is usually either an employer or someone who wishes to purchase the rights to the invention. For that new owner, some of the value of the invention may reside in the ability to file more patent applications, to make a family of products.
For example, let's say the invention is a big success; the new owner will surely want to file more patent applications for any likely variations that a competitor might try. And, let's say the original inventor has moved on to a new company or a new business. How much of a burden will be on that inventor, under the terms of the typical Assignment? And, what about new inventions the inventor later makes – will those need to be assigned to the new owner under the terms of the original Assignment?
The key to answering the above and other questions is in understanding the legal meaning of the term “invention” in the original Assignment. The term “invention” must necessarily refer to the invention as shown and described in the patent application, and to any “obvious” variations. Because the courts generally define the word “invention” in this manner, it would appear that the inventor's future obligations should not be overly burdensome.
For minor variations, the inventor will very likely have to sign future patent applications under the terms of the original Assignment. What are minor variations? Court decisions have enumerated those that most often occur, such as size, shape, color, obvious extra features, and the like.
Read More >> http://internationalpatentservice.com/Patent-Assignments-What-Inventors-Should-Know.html
May 29, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
If you're an inventor who is considering signing an Assignment of a patent or patent application, there are a few things you may want to know. Most questions concern the language of the Assignment itself, namely the promise to assign future improvements and to sign new patent applications related to the invention.
The typical Assignment includes language assigning the invention to the new owner (called the Assignee). That new owner is usually either an employer or someone who wishes to purchase the rights to the invention. For that new owner, some of the value of the invention may reside in the ability to file more patent applications, to make a family of products.
For example, let's say the invention is a big success; the new owner will surely want to file more patent applications for any likely variations that a competitor might try. And, let's say the original inventor has moved on to a new company or a new business. How much of a burden will be on that inventor, under the terms of the typical Assignment? And, what about new inventions the inventor later makes – will those need to be assigned to the new owner under the terms of the original Assignment?
The key to answering the above and other questions is in understanding the legal meaning of the term “invention” in the original Assignment. The term “invention” must necessarily refer to the invention as shown and described in the patent application, and to any “obvious” variations. Because the courts generally define the word “invention” in this manner, it would appear that the inventor's future obligations should not be overly burdensome.
For minor variations, the inventor will very likely have to sign future patent applications under the terms of the original Assignment. What are minor variations? Court decisions have enumerated those that most often occur, such as size, shape, color, obvious extra features, and the like.
Read More >> http://internationalpatentservice.com/Patent-Assignments-What-Inventors-Should-Know.html
Monday, November 26, 2018
10 European martech startups with the potential to take your marketing success to the next level
By: Mariaclaudia Carella
Marketing technology has become an essential ingredient in the recipe for success of any company. However, an ingenious combination of tech and marketing becomes all the more relevant when it comes to startups and early-stage businesses. That’s because not only does marketing help you promote your product, but it is also useful for automating your sales processes and dramatically boosting your revenue. The cases of kingpins like Airbnb and Dropbox speak volumes in terms of how mastering technical marketing strategies can completely turn around early stage companies’ presence on the market.
Since marketing and growth hacking strategies are complex processes that can’t be improvised – but instead require a large degree of expertise to be put in place – they have become a business in their own right. But fear not, for startups all around Europe are more than willing to lend you a helping hand to grow your business in a smarter way.
Here is a list of so-called “martech” (a neologism that stands for marketing technology) startups, that are experts in the sector and can revolutionise your company’s marketing efforts with just a few digital steps!
These companies are some of the most groundbreaking, award-winning European startups specialising in branding, web design and development, digital marketing, social media and web marketing, and marketing automation:
Aiden.ai: This startup is an AI-powered “virtual colleague” that helps marketers make better decisions. In order to lift the burden of analysing data off the shoulders of mobile app marketers, Aiden’s team, based in London and and San Francisco, is building the first AI-powered marketing analyst. The company was founded by Marie Outtier and PJ Camillieri in 2016, it is backed by AI and martech entrepreneurs and has been funded for a total amount of €2.1 million.
Roivenue: Roivenue is an award-winning suite for marketing strategy decision-making. Based in the Czech Republic, the company swears to be the “most precise way to manage your entire marketing investment”. Using data-driven attribution models and CLV, it allows marketers to identify under-performing campaigns, address over-invested channels, and make decisions that maximize ROI. Also, the platform allows you to see the bigger picture as it collects data from every important source and boasts dozens of integrations with major marketing, financial and analytical platforms (such as Google Analytics, Google Adword, social media channels, Adobe Analytics and many more). The Prague-based company was founded just this year on Jan 27, 2018, and has already raised funding for €600K.
Verticly: Founded in 2014, Verticly is an O2O (Online to Offline) platform that fully connects brands to individuals at scale by linking digital advertising to real world data. In other words, Verticly delivers total customer attribution offline and online and – in doing so – it increases sales, boosts engagement and multiplies its customers’ return on investment. Brands and retailers spend huge sums on above-the-line brand adverts and promotions, but have limited understanding of their impact on actual consumer behaviour or sales. Verticly, on the other hand, makes every brand advert instantly actionable and trackable by analysing what is driving customer engagement with your brand advertising, who is buying, and where. The London company has raised €2 million in funding over four rounds.
Read More >> https://www.eu-startups.com/2018/11/10-martech-startups-that-will-help-you-market-yours/
Marketing technology has become an essential ingredient in the recipe for success of any company. However, an ingenious combination of tech and marketing becomes all the more relevant when it comes to startups and early-stage businesses. That’s because not only does marketing help you promote your product, but it is also useful for automating your sales processes and dramatically boosting your revenue. The cases of kingpins like Airbnb and Dropbox speak volumes in terms of how mastering technical marketing strategies can completely turn around early stage companies’ presence on the market.
Since marketing and growth hacking strategies are complex processes that can’t be improvised – but instead require a large degree of expertise to be put in place – they have become a business in their own right. But fear not, for startups all around Europe are more than willing to lend you a helping hand to grow your business in a smarter way.
Here is a list of so-called “martech” (a neologism that stands for marketing technology) startups, that are experts in the sector and can revolutionise your company’s marketing efforts with just a few digital steps!
These companies are some of the most groundbreaking, award-winning European startups specialising in branding, web design and development, digital marketing, social media and web marketing, and marketing automation:
Aiden.ai: This startup is an AI-powered “virtual colleague” that helps marketers make better decisions. In order to lift the burden of analysing data off the shoulders of mobile app marketers, Aiden’s team, based in London and and San Francisco, is building the first AI-powered marketing analyst. The company was founded by Marie Outtier and PJ Camillieri in 2016, it is backed by AI and martech entrepreneurs and has been funded for a total amount of €2.1 million.
Roivenue: Roivenue is an award-winning suite for marketing strategy decision-making. Based in the Czech Republic, the company swears to be the “most precise way to manage your entire marketing investment”. Using data-driven attribution models and CLV, it allows marketers to identify under-performing campaigns, address over-invested channels, and make decisions that maximize ROI. Also, the platform allows you to see the bigger picture as it collects data from every important source and boasts dozens of integrations with major marketing, financial and analytical platforms (such as Google Analytics, Google Adword, social media channels, Adobe Analytics and many more). The Prague-based company was founded just this year on Jan 27, 2018, and has already raised funding for €600K.
Verticly: Founded in 2014, Verticly is an O2O (Online to Offline) platform that fully connects brands to individuals at scale by linking digital advertising to real world data. In other words, Verticly delivers total customer attribution offline and online and – in doing so – it increases sales, boosts engagement and multiplies its customers’ return on investment. Brands and retailers spend huge sums on above-the-line brand adverts and promotions, but have limited understanding of their impact on actual consumer behaviour or sales. Verticly, on the other hand, makes every brand advert instantly actionable and trackable by analysing what is driving customer engagement with your brand advertising, who is buying, and where. The London company has raised €2 million in funding over four rounds.
Read More >> https://www.eu-startups.com/2018/11/10-martech-startups-that-will-help-you-market-yours/
Sunday, November 25, 2018
What Happens After Filing a Utility Patent Application
By: Michael J Foycik Jr.
May 19, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
One of the important but little-discussed subjects for inventors is what happens after filing of a Utility Patent Application. Here's a brief guide.
Initially, the US Patent Office studies the application papers for formalities. These formalities include such things as the signed forms, whether the drawings are sufficiently formal, whether specification required information is provided, and so on. If any problems are found, a Notice is sent to the applicant, and a period for response may be set for those problems that can be corrected.
The next stage is the patent examination itself. This is where the patent examiner takes up the application for study. Usually the patent examiner is an expert in the subject matter of the application. The examiner will search the prior patent art, including patent publications, to locate the most relevant references to the invention as described in the claims. The result of this will be a first Office Action, which is usually a statement of objections and rejections, but can sometimes be a first action allowance.
The applicant can respond to the first Office Action, and is normally given a set period of time to do this. The response can include changes to the specification, drawings, and/or claims. Such changes are usually to overcome objections and/or rejections, and to further emphasize the novel features of the invention. Additionally, the applicant can provide remarks in support of patentability.
Of course, many other things might occur beyond those described above. Those are less common, and though important, are not discussed in detail herein for the sake of brevity. A short and incomplete listing is: restriction requirements, election requirements, statutory double patenting rejections, and/or non-statutory subject matter rejections.
Read More >> http://internationalpatentservice.com/What-Happens-After-Filing-a-Utility-Patent-Application.html
May 19, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
One of the important but little-discussed subjects for inventors is what happens after filing of a Utility Patent Application. Here's a brief guide.
Initially, the US Patent Office studies the application papers for formalities. These formalities include such things as the signed forms, whether the drawings are sufficiently formal, whether specification required information is provided, and so on. If any problems are found, a Notice is sent to the applicant, and a period for response may be set for those problems that can be corrected.
The next stage is the patent examination itself. This is where the patent examiner takes up the application for study. Usually the patent examiner is an expert in the subject matter of the application. The examiner will search the prior patent art, including patent publications, to locate the most relevant references to the invention as described in the claims. The result of this will be a first Office Action, which is usually a statement of objections and rejections, but can sometimes be a first action allowance.
The applicant can respond to the first Office Action, and is normally given a set period of time to do this. The response can include changes to the specification, drawings, and/or claims. Such changes are usually to overcome objections and/or rejections, and to further emphasize the novel features of the invention. Additionally, the applicant can provide remarks in support of patentability.
Of course, many other things might occur beyond those described above. Those are less common, and though important, are not discussed in detail herein for the sake of brevity. A short and incomplete listing is: restriction requirements, election requirements, statutory double patenting rejections, and/or non-statutory subject matter rejections.
Read More >> http://internationalpatentservice.com/What-Happens-After-Filing-a-Utility-Patent-Application.html
Saturday, November 24, 2018
Trademark Application Tips, and Some Ways to Avoid Pitfalls
By: Michael J Foycik Jr.
May 12, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Filing a trademark application? That may seem easy, but mistakes can be costly later, during the examination phase. Here are a few helpful tips, and a few pitfalls to avoid.
After a trademark application is filed, the U.S. Trademark Office conducts an examination of the application. For example, if there is both an objection and a refusal to register the mark, then a response will be necessary to meet the objection and to overcome the refusal to register. This happens frequently, and an experienced trademark attorney will likely know just what to do when writing the response.
In my experience, it pays to respond to every office action. Many issues are within the range of discretion of the trademark examining attorney, and good legal arguments in support of the trademark may well be persuasive. Some firms charge substantial sums of money to prepare responses, and other firms might charge much less - therefore it may pay to shop around.
A helpful tip: before filing a trademark application, find a cost effective trademark attorney. It is wise to assume things may not always go smoothly or quickly.
Another tip: select the best type of trademark application. There are two types: intent-to-use applications, and actual use applications. Both cost the same to file. The intent-to-use application can be filed long before actual use occurs, but there is a later government fee when completing the intent-to-use application. The trade off is that completing the intent-to-use application requires a statement of use or allegation of use, together with a specimen of use and an additional government fee. If an actual use application can be filed based on actual use in interstate commerce, then it will save money to do so.
It pays to know what types of problems come up during the examination phase. Some problems that may come up: the trademark examiner may raise objections due to a similar prior mark, may object to the mark based on descriptiveness or misdecriptiveness of the mark, may object to the mark as having an improper geographical reference, and may object to the listing of the goods/services. There are other possible grounds of objection too.
In light of the above, another cost saving tip is this: have an experienced trademark attorney look at the mark prior to filing, just to see if there is something that jumps out. You probably wouldn't want to spend money to file an application if it was certain to fail. Here, too, it often pays to shop around. Some attorneys would charge quite a bit just to look at the mark, whereas others might take an interest and provide helpful comments at little or no additional charge. Trademark owners have reported a wide range of fees, some fees being reasonably low and some fees being unexpectedly high.
Another tip: it pays to do a trademark search prior to filing a trademark application. I would certainly recommend that you ask your trademark professional to perform at least an informal online search of the U.S. Trademark Office records. Some may charge for this, while others may include it at no extra charge as part of the cost of filing a new trademark application. It therefore pays to ask. Formal trademark searches are also available, and other types of trademark search exist, depending on need.
Read More >> http://internationalpatentservice.com/Trademark-Application-Tips-and-Some-Ways-to-Avoid-Pitfalls.html
May 12, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Filing a trademark application? That may seem easy, but mistakes can be costly later, during the examination phase. Here are a few helpful tips, and a few pitfalls to avoid.
After a trademark application is filed, the U.S. Trademark Office conducts an examination of the application. For example, if there is both an objection and a refusal to register the mark, then a response will be necessary to meet the objection and to overcome the refusal to register. This happens frequently, and an experienced trademark attorney will likely know just what to do when writing the response.
In my experience, it pays to respond to every office action. Many issues are within the range of discretion of the trademark examining attorney, and good legal arguments in support of the trademark may well be persuasive. Some firms charge substantial sums of money to prepare responses, and other firms might charge much less - therefore it may pay to shop around.
A helpful tip: before filing a trademark application, find a cost effective trademark attorney. It is wise to assume things may not always go smoothly or quickly.
Another tip: select the best type of trademark application. There are two types: intent-to-use applications, and actual use applications. Both cost the same to file. The intent-to-use application can be filed long before actual use occurs, but there is a later government fee when completing the intent-to-use application. The trade off is that completing the intent-to-use application requires a statement of use or allegation of use, together with a specimen of use and an additional government fee. If an actual use application can be filed based on actual use in interstate commerce, then it will save money to do so.
It pays to know what types of problems come up during the examination phase. Some problems that may come up: the trademark examiner may raise objections due to a similar prior mark, may object to the mark based on descriptiveness or misdecriptiveness of the mark, may object to the mark as having an improper geographical reference, and may object to the listing of the goods/services. There are other possible grounds of objection too.
In light of the above, another cost saving tip is this: have an experienced trademark attorney look at the mark prior to filing, just to see if there is something that jumps out. You probably wouldn't want to spend money to file an application if it was certain to fail. Here, too, it often pays to shop around. Some attorneys would charge quite a bit just to look at the mark, whereas others might take an interest and provide helpful comments at little or no additional charge. Trademark owners have reported a wide range of fees, some fees being reasonably low and some fees being unexpectedly high.
Another tip: it pays to do a trademark search prior to filing a trademark application. I would certainly recommend that you ask your trademark professional to perform at least an informal online search of the U.S. Trademark Office records. Some may charge for this, while others may include it at no extra charge as part of the cost of filing a new trademark application. It therefore pays to ask. Formal trademark searches are also available, and other types of trademark search exist, depending on need.
Read More >> http://internationalpatentservice.com/Trademark-Application-Tips-and-Some-Ways-to-Avoid-Pitfalls.html
Thursday, November 22, 2018
Why Startups Need to File Patent at An Early Stage
By: Baishali Mukherjee
Patents play a major role in getting funds for startups, especially the tech ventures. Venture capitalists evidently favour tech startups with patent-pending innovation. Patents increase the prospect and quality of merger, purchase or sale of a corporation or an initial public offering. This incentivizes investors to fund start-ups opting for patents. Moreover, patent portfolios are used as defensive strategies to discourage patent infringement claims.
While Applying for a Patent, Mull Over the Hazards
When decidingon applying for a patent, take a look at your invention and mull over the risks of not patenting it against the costs of doing so. The best approach is to appraise alternatives for IP protection before publicly disclosing the idea (e.g., pitch competitions, crowdfunding campaigns, launches, trade shows, etc.). Find a startup patent lawyer who understands your state of affairs and is ready to assist you in developing a patent strategy that takes care of your funding and acquisition goals.
According to VinayShraff, Advocate, Supreme Court, High Court,Tribunals, it is a chicken-and-egg quandary for startups that are cash-strapped. “While they require capital to invest in protecting the IP, the investment can secure them with more funding,” informed Shraff.
Today, we have organisations and individuals who understand the hurdles faced by the startupsand have initiated many customized solutions,largely reducing the cost for filing of thepatent. They help the startups right from doing initial research till filing of the product patent.
Not Filing the Patents on Time can Put Your Innovation At Risk
Binod Singh, Founder of Einfolge Technologies Pvt Ltd, a Bangalore based companyhas been protecting the innovations of many startups and government institutions through customized solutions in patent and IPR. Singh feels there has been an increase in filings of patents by the start-ups. “While interacting with many such startups, we have noticed that a good number of them have risked their invention by not filing the patents on time,” he shared.
Here are Singh’s views on the advantages of filing the patent at early stage-
>> Bolster Investor support-Venture Capitalists favourbig investments in start-ups which have already filed the patents. These give them the confidence that the innovation has got real value and potential.
>> Early filing protects the date of first to file for any start-ups. As we know, publicizing your invention at any time before filing a patent application could put your intellectual property rights in jeopardy.
>> Product Development boost- Getting a grant on patents gives a boost to create the product at a much-accelerated pace.Nowadays startups aim for the global market. So, how quickly you go to the market is very important. Startups need to be aggressive in their market outreach plan and this can be facilitated by protecting their patents.
>> Minimize competition – Getting a patent grant at an early stage helps the start-ups to stand tall among the many players. It also dithers others to do what you are doing as the sword of infringement hang if you have a granted patent.
Read More >> https://www.entrepreneur.com/article/306087
Patents play a major role in getting funds for startups, especially the tech ventures. Venture capitalists evidently favour tech startups with patent-pending innovation. Patents increase the prospect and quality of merger, purchase or sale of a corporation or an initial public offering. This incentivizes investors to fund start-ups opting for patents. Moreover, patent portfolios are used as defensive strategies to discourage patent infringement claims.
While Applying for a Patent, Mull Over the Hazards
When decidingon applying for a patent, take a look at your invention and mull over the risks of not patenting it against the costs of doing so. The best approach is to appraise alternatives for IP protection before publicly disclosing the idea (e.g., pitch competitions, crowdfunding campaigns, launches, trade shows, etc.). Find a startup patent lawyer who understands your state of affairs and is ready to assist you in developing a patent strategy that takes care of your funding and acquisition goals.
According to VinayShraff, Advocate, Supreme Court, High Court,Tribunals, it is a chicken-and-egg quandary for startups that are cash-strapped. “While they require capital to invest in protecting the IP, the investment can secure them with more funding,” informed Shraff.
Today, we have organisations and individuals who understand the hurdles faced by the startupsand have initiated many customized solutions,largely reducing the cost for filing of thepatent. They help the startups right from doing initial research till filing of the product patent.
Not Filing the Patents on Time can Put Your Innovation At Risk
Binod Singh, Founder of Einfolge Technologies Pvt Ltd, a Bangalore based companyhas been protecting the innovations of many startups and government institutions through customized solutions in patent and IPR. Singh feels there has been an increase in filings of patents by the start-ups. “While interacting with many such startups, we have noticed that a good number of them have risked their invention by not filing the patents on time,” he shared.
Here are Singh’s views on the advantages of filing the patent at early stage-
>> Bolster Investor support-Venture Capitalists favourbig investments in start-ups which have already filed the patents. These give them the confidence that the innovation has got real value and potential.
>> Early filing protects the date of first to file for any start-ups. As we know, publicizing your invention at any time before filing a patent application could put your intellectual property rights in jeopardy.
>> Product Development boost- Getting a grant on patents gives a boost to create the product at a much-accelerated pace.Nowadays startups aim for the global market. So, how quickly you go to the market is very important. Startups need to be aggressive in their market outreach plan and this can be facilitated by protecting their patents.
>> Minimize competition – Getting a patent grant at an early stage helps the start-ups to stand tall among the many players. It also dithers others to do what you are doing as the sword of infringement hang if you have a granted patent.
Read More >> https://www.entrepreneur.com/article/306087
Wednesday, November 21, 2018
Startup Companies and Trademarks, an Attorney's View
By: Michael J Foycik Jr.
April 27, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
An important decision facing new startup companies is what to do about trademarks. The question is, should they apply for a federal trademark registration. The answer to that depends very much on the goals for the startup.
If the goal of the owner of the startup company is to succed and then sell at a profit, then a federal trademark is essential. Think about it from the perspective of a buyer: without a trademark, that buyer cannot get the goodwill of the startup company. That goodwill includes such things as name recognition by customers, and loyalty all those dealing with the existing company. But, without official trademark rights, the buyer may not have exclusive rights to the use of the trademark, and imitators could flourish.
Some startups need investors, and investors are more comfortable when they see rights owned by the startup. After all, what are they investing in, if not intellectual property rights of some kind? Those rights commonly are from a good trade name or trademark. Other such IP rights can include trade secrets, patents, or copyrights.
Read More >> http://internationalpatentservice.com/Startup-Companies-and-Trademarks-an-Attorney-View.html
April 27, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
An important decision facing new startup companies is what to do about trademarks. The question is, should they apply for a federal trademark registration. The answer to that depends very much on the goals for the startup.
If the goal of the owner of the startup company is to succed and then sell at a profit, then a federal trademark is essential. Think about it from the perspective of a buyer: without a trademark, that buyer cannot get the goodwill of the startup company. That goodwill includes such things as name recognition by customers, and loyalty all those dealing with the existing company. But, without official trademark rights, the buyer may not have exclusive rights to the use of the trademark, and imitators could flourish.
Some startups need investors, and investors are more comfortable when they see rights owned by the startup. After all, what are they investing in, if not intellectual property rights of some kind? Those rights commonly are from a good trade name or trademark. Other such IP rights can include trade secrets, patents, or copyrights.
Read More >> http://internationalpatentservice.com/Startup-Companies-and-Trademarks-an-Attorney-View.html
Tuesday, November 20, 2018
How to scale a startup
By: Kara Baskin
Care.com co-founder Donna Levin played a key part in that company’s growth, and the passion was personal. Levin’s work plans were curtailed when her son was 11 weeks old and had a seizure following a difficult pregnancy. Tests were inconclusive. Her daycare situation evaporated; she and her husband took turns staying home with the baby for three years until his health stabilized. Her husband worked nights, she worked days, and somehow they muddled through.
“Everyone has a caregiving story. At some point we will all either be a caregiver or need a caregiver,” she says.
Levin, EMBA ’16, later built the infrastructure, operating systems, policies, and procedures as Care.com scaled. Today, it’s is the world’s largest online destination for finding and managing family care, with more than 20 million members in 18 countries.
Not every company is so lucky: half of startups fail by their fourth year, and 70 percent fail by their 10th year.
“Scaling prematurely burns cash, and it’s hard to course correct when you have hundreds of employees,” Levin says.
It’s crucial to take it slow and do it right. Levin, who teaches Scaling Entrepreneurial Ventures at MIT Sloan and is an entreprepreneur in residence at the Martin Trust Center for MIT Entrepreneurship, explains how.
1. Grasp what “scaling” really means. Scaling your startup is all about growth. The definition Levin prefers is “accelerating growth with confidence,” meaning that the resources that you put in should yield great results that are predictable and measurable.
2. Understand that scaling is never one-size-fits all. “There is no one straight path to scale. It’s deeply personal to each company’s experience,” Levin says.
3. Know your audience. “You have to make sure that you’re solving a problem that people care about and that they like your solution enough that they’re willing to pay for it,” she says. Be able to answer: Who is the customer? What can you do for the customer? How does your customer acquire your product? How can you make money off your product or service?
4. Know your staff. “If you’re ready to accelerate growth with confidence, be ready and willing to disrupt your organization and yourself,” Levin says. “Avoid the temptation to hire fast. Hire for skill and fit.” At the same time, recognize that some employees who started out with you might not be a fit any longer. “When it comes to scaling successfully and keeping people enthusiastic and committed to their work, it’s important to do enough internal communication to remind the team why they should be not only invested in their jobs, but committed to the mission, too. That’s how a dedicated and impassioned mindset gets passed on as you grow,” she says.
5. Know thyself. Levin urges students to understand their own challenges before scaling. Ask yourself: What will stepping on the gas mean for you personally? Are you a “nail it” leader who’s passionate about creating something new, or are you a “scale it” leader, who’s more about precise optimization?
6. Onboard smartly. Think through the onboarding of new people and what it means to your company culture. “Now’s the time to go beyond your personal network and think about what you truly stand for as a company,” she says. In this vein, also consider structural challenges pertaining to organizational design. Will you need to hire more managers? Add a board of directors? Be transparent when dealing with this type of internal change, she urges. “The rationale for a redesign is not always clear to your entire company. Handle them well. You might have been thinking about a reorganization for months, and the actual implementation can happen very quickly. Make time to thoughtfully explain the strategy to your team. Remember, companies are made up of people.”
Read More >> http://mitsloan.mit.edu/ideas-made-to-matter/how-to-scale-startup
Care.com co-founder Donna Levin played a key part in that company’s growth, and the passion was personal. Levin’s work plans were curtailed when her son was 11 weeks old and had a seizure following a difficult pregnancy. Tests were inconclusive. Her daycare situation evaporated; she and her husband took turns staying home with the baby for three years until his health stabilized. Her husband worked nights, she worked days, and somehow they muddled through.
“Everyone has a caregiving story. At some point we will all either be a caregiver or need a caregiver,” she says.
Levin, EMBA ’16, later built the infrastructure, operating systems, policies, and procedures as Care.com scaled. Today, it’s is the world’s largest online destination for finding and managing family care, with more than 20 million members in 18 countries.
Not every company is so lucky: half of startups fail by their fourth year, and 70 percent fail by their 10th year.
“Scaling prematurely burns cash, and it’s hard to course correct when you have hundreds of employees,” Levin says.
It’s crucial to take it slow and do it right. Levin, who teaches Scaling Entrepreneurial Ventures at MIT Sloan and is an entreprepreneur in residence at the Martin Trust Center for MIT Entrepreneurship, explains how.
1. Grasp what “scaling” really means. Scaling your startup is all about growth. The definition Levin prefers is “accelerating growth with confidence,” meaning that the resources that you put in should yield great results that are predictable and measurable.
2. Understand that scaling is never one-size-fits all. “There is no one straight path to scale. It’s deeply personal to each company’s experience,” Levin says.
3. Know your audience. “You have to make sure that you’re solving a problem that people care about and that they like your solution enough that they’re willing to pay for it,” she says. Be able to answer: Who is the customer? What can you do for the customer? How does your customer acquire your product? How can you make money off your product or service?
4. Know your staff. “If you’re ready to accelerate growth with confidence, be ready and willing to disrupt your organization and yourself,” Levin says. “Avoid the temptation to hire fast. Hire for skill and fit.” At the same time, recognize that some employees who started out with you might not be a fit any longer. “When it comes to scaling successfully and keeping people enthusiastic and committed to their work, it’s important to do enough internal communication to remind the team why they should be not only invested in their jobs, but committed to the mission, too. That’s how a dedicated and impassioned mindset gets passed on as you grow,” she says.
5. Know thyself. Levin urges students to understand their own challenges before scaling. Ask yourself: What will stepping on the gas mean for you personally? Are you a “nail it” leader who’s passionate about creating something new, or are you a “scale it” leader, who’s more about precise optimization?
6. Onboard smartly. Think through the onboarding of new people and what it means to your company culture. “Now’s the time to go beyond your personal network and think about what you truly stand for as a company,” she says. In this vein, also consider structural challenges pertaining to organizational design. Will you need to hire more managers? Add a board of directors? Be transparent when dealing with this type of internal change, she urges. “The rationale for a redesign is not always clear to your entire company. Handle them well. You might have been thinking about a reorganization for months, and the actual implementation can happen very quickly. Make time to thoughtfully explain the strategy to your team. Remember, companies are made up of people.”
Read More >> http://mitsloan.mit.edu/ideas-made-to-matter/how-to-scale-startup
Monday, November 19, 2018
Forget the Scams, Make Money from Your Invention
By: Michael J Foycik Jr.
April 27, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
You've seen the scams. Forget those, and move on: real people can and do make money from their inventions. Let's see who and how.
Who succeeds with their inventions? Just about anyone, and at just about any age. Here are a few ways.
If samples of the inventive product are available, then the quickest route can often involve first rate department stores and consignment sales. It's easy if you know how, and it's easy to try even if you don't know how. One successful person just went to their favorite department store, bringing their product, and talked to a manager about it.
For some inventions, it may be better to go through distributors. That is not hard, but it is not always easy either. Some distributors will help with the manufacturing costs, and some won't. Your best deals come when you can provide the goods.
Sometimes, it helps to get investors to provide funding and expertise, so you can make and sell the invention. The best ways to get investors involve one important first step: finding the manufacturing cost of a prototype. That part isn't difficult if you know how, and can often be done in just a few days. Most inventors are surpised by the low costs, and of course investors like seeing low costs since it means higher profits.
There are ways to find and meet investors. I recommend e-press releases as a very low cost way to attract investors. I can also recommend viral marketing, which is also a relatively low cost way. There are even investor clubs in many areas, if you look for them.
Read More >> http://internationalpatentservice.com/Forget-the-Scams-Make-Money-from-Your-Invention.html
April 27, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
You've seen the scams. Forget those, and move on: real people can and do make money from their inventions. Let's see who and how.
Who succeeds with their inventions? Just about anyone, and at just about any age. Here are a few ways.
If samples of the inventive product are available, then the quickest route can often involve first rate department stores and consignment sales. It's easy if you know how, and it's easy to try even if you don't know how. One successful person just went to their favorite department store, bringing their product, and talked to a manager about it.
For some inventions, it may be better to go through distributors. That is not hard, but it is not always easy either. Some distributors will help with the manufacturing costs, and some won't. Your best deals come when you can provide the goods.
Sometimes, it helps to get investors to provide funding and expertise, so you can make and sell the invention. The best ways to get investors involve one important first step: finding the manufacturing cost of a prototype. That part isn't difficult if you know how, and can often be done in just a few days. Most inventors are surpised by the low costs, and of course investors like seeing low costs since it means higher profits.
There are ways to find and meet investors. I recommend e-press releases as a very low cost way to attract investors. I can also recommend viral marketing, which is also a relatively low cost way. There are even investor clubs in many areas, if you look for them.
Read More >> http://internationalpatentservice.com/Forget-the-Scams-Make-Money-from-Your-Invention.html
Sunday, November 18, 2018
What Start-Ups Need to Know About Intellectual Property
By: CTC
As any entrepreneur is well aware, the early stages of a new business venture are an incredibly busy time. Entrepreneurs must focus on building the core team, structuring the company, attracting investors, developing the product/service, and developing key partnerships, sales channels and marketing plans. These tasks are typically all-consuming for the founders, taxing both their financial and time resources.
During this time, it may be a challenge to simultaneously focus on intellectual property issues. However, this early time period is also a critical time for ensuring that a business takes steps to protect its core intellectual property and avoids the risk of third party intellectual property issues. Today, more than ever, having a solid understanding of intellectual property and developing an IP strategy that aligns with the business is a crucial part of building a new venture on a solid foundation.
This article includes an overview of the different types of intellectual property and provides advice to start-up companies on how to secure their own intellectual property as well as protect against intellectual property risks from others.
The three basic types of intellectual property that startups should understand are:
> Patents
> Trademarks
> Copyrights
Patents
Not every startup business will be best-served by investing its resources in building a patent portfolio, but the question of whether to pursue patent protection warrants a hard and early look. Knowledge of the role of patents is critical for two reasons:
> To protect your own business and inventions from your competitors
> To avoid the risk of being exposed to assertions of patent infringement by competitors and other third parties
It is important for startups to understand the different kinds of patent protection and how they fit into their business.
Utility patents can be obtained for processes, machines, articles of manufacture, or compositions of matter that are deemed new, useful and non-obvious. The traditional subject matter of such utility patents covers tangible, technical inventions, such as improvements to client-server systems, motors, radios, computer chips and various technical product features. For example, Boeing’s US Patent No. 6,227,447 is a patent that covers methods of remotely controlling a vehicle. Patents can also be directed at new product features and functions. As another example, Facebook’s US Patent No. 8,171,128, titled “Communicating a newsfeed of media content based on a member’s interactions in a social network environment,” protects its News Feed feature.
A separate category of patent, the design patent, may be sought to protect ornamental (non-functional) designs. Some examples of notable design patents include Apple’s D 604,305 covering the design of its iPhone interface and Lululemon’s design patent covering its yoga pants.
The role of patents
Although patents are the most expensive and time-consuming type of intellectual property to obtain, they also provide the best scope of protection. A patent provides its holder with the exclusive right to make, use or sell an invention. This means that it can exclude a competitor from making or selling the patented invention, irrespective of whether or not the competitor copied the invention or even previously knew of the patent. For this reason, a patent that covers an important feature that drives consumer demand and/or distinguishes one’s product or service from that of competitors, can be very valuable.
Benefits of patents for a young business
Patents may provide a number of benefits to young businesses. For example, a robust patent portfolio or a key patent can help attract investors, since it may serve as barrier to entry by competitors. Furthermore, the filing of a patent application will enable the company to advertise “patent pending” along with its product or service. In addition to potentially attracting investors, the “patented” or “patent pending” labels may deter would-be competitors, or force those competitors to adopt different designs and technologies.
As indicated above, once a patent issues it may be used to stop competitors from entering the field and allows for recovery of damages for infringement. Patents can also help the finances of a business by providing an opportunity to generate revenue from licensing.
Read More >> https://www.ct.org/what-start-ups-need-to-know-about-intellectual-property/
As any entrepreneur is well aware, the early stages of a new business venture are an incredibly busy time. Entrepreneurs must focus on building the core team, structuring the company, attracting investors, developing the product/service, and developing key partnerships, sales channels and marketing plans. These tasks are typically all-consuming for the founders, taxing both their financial and time resources.
During this time, it may be a challenge to simultaneously focus on intellectual property issues. However, this early time period is also a critical time for ensuring that a business takes steps to protect its core intellectual property and avoids the risk of third party intellectual property issues. Today, more than ever, having a solid understanding of intellectual property and developing an IP strategy that aligns with the business is a crucial part of building a new venture on a solid foundation.
This article includes an overview of the different types of intellectual property and provides advice to start-up companies on how to secure their own intellectual property as well as protect against intellectual property risks from others.
The three basic types of intellectual property that startups should understand are:
> Patents
> Trademarks
> Copyrights
Patents
Not every startup business will be best-served by investing its resources in building a patent portfolio, but the question of whether to pursue patent protection warrants a hard and early look. Knowledge of the role of patents is critical for two reasons:
> To protect your own business and inventions from your competitors
> To avoid the risk of being exposed to assertions of patent infringement by competitors and other third parties
It is important for startups to understand the different kinds of patent protection and how they fit into their business.
Utility patents can be obtained for processes, machines, articles of manufacture, or compositions of matter that are deemed new, useful and non-obvious. The traditional subject matter of such utility patents covers tangible, technical inventions, such as improvements to client-server systems, motors, radios, computer chips and various technical product features. For example, Boeing’s US Patent No. 6,227,447 is a patent that covers methods of remotely controlling a vehicle. Patents can also be directed at new product features and functions. As another example, Facebook’s US Patent No. 8,171,128, titled “Communicating a newsfeed of media content based on a member’s interactions in a social network environment,” protects its News Feed feature.
A separate category of patent, the design patent, may be sought to protect ornamental (non-functional) designs. Some examples of notable design patents include Apple’s D 604,305 covering the design of its iPhone interface and Lululemon’s design patent covering its yoga pants.
The role of patents
Although patents are the most expensive and time-consuming type of intellectual property to obtain, they also provide the best scope of protection. A patent provides its holder with the exclusive right to make, use or sell an invention. This means that it can exclude a competitor from making or selling the patented invention, irrespective of whether or not the competitor copied the invention or even previously knew of the patent. For this reason, a patent that covers an important feature that drives consumer demand and/or distinguishes one’s product or service from that of competitors, can be very valuable.
Benefits of patents for a young business
Patents may provide a number of benefits to young businesses. For example, a robust patent portfolio or a key patent can help attract investors, since it may serve as barrier to entry by competitors. Furthermore, the filing of a patent application will enable the company to advertise “patent pending” along with its product or service. In addition to potentially attracting investors, the “patented” or “patent pending” labels may deter would-be competitors, or force those competitors to adopt different designs and technologies.
As indicated above, once a patent issues it may be used to stop competitors from entering the field and allows for recovery of damages for infringement. Patents can also help the finances of a business by providing an opportunity to generate revenue from licensing.
Read More >> https://www.ct.org/what-start-ups-need-to-know-about-intellectual-property/
Thursday, November 15, 2018
What is the Meaning of “Patent”
By: Michael J Foycik Jr.
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Attorney Advice on: What is the Meaning of “Patent”
By Michael Foycik, registered US patent attorney
April 18, 2013
An important legal question is, what is the meaning of “patent” and, how is it relevant to inventors and businesspersons. The simplest answer is that a patent is a monopoly for a limited time, which is granted by a governmental entity.
In the US, there are several main types of patent: design; utility; provisional. But, what is the meaning of “patent” when there are several types? Again, a short answer will be helpful, explained as follows.
A design patent covers the ornamental features of an invention which are non-functional - imagine an unusual perfume bottle shape as an example. A utility patent covers only features which are functional, rather than ornamental – think of a car engine as an example. A provisional patent is somewhat like a utility patent application but exists for only one year. So, the answer to the question what is the meaning of “patent” is that it depends on the type of invention and the type of protection needed.
Read More >> http://internationalpatentservice.com/What-is-the-Meaning-of-Patent.html
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Attorney Advice on: What is the Meaning of “Patent”
By Michael Foycik, registered US patent attorney
April 18, 2013
An important legal question is, what is the meaning of “patent” and, how is it relevant to inventors and businesspersons. The simplest answer is that a patent is a monopoly for a limited time, which is granted by a governmental entity.
In the US, there are several main types of patent: design; utility; provisional. But, what is the meaning of “patent” when there are several types? Again, a short answer will be helpful, explained as follows.
A design patent covers the ornamental features of an invention which are non-functional - imagine an unusual perfume bottle shape as an example. A utility patent covers only features which are functional, rather than ornamental – think of a car engine as an example. A provisional patent is somewhat like a utility patent application but exists for only one year. So, the answer to the question what is the meaning of “patent” is that it depends on the type of invention and the type of protection needed.
Read More >> http://internationalpatentservice.com/What-is-the-Meaning-of-Patent.html
Wednesday, November 14, 2018
5 Steps to Turning Your Startup Idea Into a Successful Product
By: SMITH WILLAS
Do you have a startup idea you’re ready to turn into profit? It’s not enough to have an idea alone. You need to take action to turn that idea into a concrete product. Let’s face it: your “idea” isn’t worth much at all. It’s products, plans, and action that has real value.
Up to 90% of startups today fail. In a world full of great ideas, you need to be competitive and ruthless. All startups think they won’t be part of that 90% that doesn’t make it, yet so many fail in the first year. If you’re not careful, you’ll fall short of that top percentage that survives to see another day.
There is no room for mistakes in the world of startups. You need to build something people want to use. You need to protect your idea and build a strong foundation. Without all of these steps, it’s easy for your business to fail before it even gets off the ground. What are the most important steps? This guide will lay them out clearly so you can finally turn your startup ideas into products that actually sell.
1. Write everything down
Your idea is worthless if you don’t take any effort to protect it. Theft is a very real thing in the world of startups, and you don’t want someone to take your concept and run with it. You need proof of not only your idea, but when you came up with it in the first place. Start by writing down everything you can. Include the following in your initial documentation:
> When you thought of your idea
> What it is
> How it works
> How you’ll make it
> How you’ll market it
When you take steps to patent your product officially, this documentation will be key. The rumor of the “poor man’s patent” in which you mail yourself your idea in a sealed envelope. This is not something that’s actually respected in court, so don’t even both. Purchase an official inventor’s journal, write your idea down with the guidelines above, and have it signed by a witness.
What’s an inventor’s journal? It’s literally any bound notebook. There are a few specifics you need to look out for, however. First, the pages need to be numbered consecutively. Next, the pages can’t be removable or reinserted. You can purchase any generic notebook that follows these specifications or purchase a professional one from somewhere like Nolo Press. Protect your inventor’s journal like you would any important document.
2. Research
All startups rely on good research. Oftentimes your idea will already be out in the world, just perhaps in a different form. To start your research, search for any similar patents online. Don’t underestimate the power of Google when looking to see if your product already exists. If you don’t find any results that are similar to your concept, it’s time to research the market.
One of the main reasons startups fail is because they don’t think about their customers. They’re so busy building their business, they forget to think of how that business fits into the market. You need someone to sell your product to, so this research is essential. Just because you’re convinced your new idea is life-changing doesn’t mean anyone else will think so.
Let these questions below guide your market research:
> What demographics will benefit most from this product?
> Is there anything similar to this already available?
> Will producing this product be affordable?
> Is this something people will pay money for?
3. Prototyping
Thanks to new technology, this step is easier than ever before. A prototype is a model of your product. This is something you’ll do prior to filing for a patent, and it’s a way to work out any unexpected problems before finalizing your design. Even if you’re not a product designer or engineer, you can handle prototyping.
First, start with a drawing. Sketch these design ideas in your inventor’s journal. Create a mockup of your design. This can be in any material that helps you see the dimensions of your product. Finally, build a working model. There are many production companies that can assist with this final step. Thanks to 3D printing and CNC turned parts, this is more affordable than ever. Take the prototyping stage seriously. Your design needs to be optimized before it can be mass produced or patented. You want it perfect, functional, and attractive.
4. File a patent
Now that your design is complete, it’s time to file your patent. There are two types of patents available: a utility patent or a design patent. A utility patent is for creating new processes or machines while a design patent is for creating new, nonobvious ornamental designs. While you can write the patent application yourself without a lawyer, it is worth having a professional look over your documents before sending. You don’t want to take chances on your idea being infringed upon.
Read More >> https://alltopstartups.com/2018/11/13/5-steps-to-turning-your-startup-idea-into-a-successful-product/
Do you have a startup idea you’re ready to turn into profit? It’s not enough to have an idea alone. You need to take action to turn that idea into a concrete product. Let’s face it: your “idea” isn’t worth much at all. It’s products, plans, and action that has real value.
Up to 90% of startups today fail. In a world full of great ideas, you need to be competitive and ruthless. All startups think they won’t be part of that 90% that doesn’t make it, yet so many fail in the first year. If you’re not careful, you’ll fall short of that top percentage that survives to see another day.
There is no room for mistakes in the world of startups. You need to build something people want to use. You need to protect your idea and build a strong foundation. Without all of these steps, it’s easy for your business to fail before it even gets off the ground. What are the most important steps? This guide will lay them out clearly so you can finally turn your startup ideas into products that actually sell.
1. Write everything down
Your idea is worthless if you don’t take any effort to protect it. Theft is a very real thing in the world of startups, and you don’t want someone to take your concept and run with it. You need proof of not only your idea, but when you came up with it in the first place. Start by writing down everything you can. Include the following in your initial documentation:
> When you thought of your idea
> What it is
> How it works
> How you’ll make it
> How you’ll market it
When you take steps to patent your product officially, this documentation will be key. The rumor of the “poor man’s patent” in which you mail yourself your idea in a sealed envelope. This is not something that’s actually respected in court, so don’t even both. Purchase an official inventor’s journal, write your idea down with the guidelines above, and have it signed by a witness.
What’s an inventor’s journal? It’s literally any bound notebook. There are a few specifics you need to look out for, however. First, the pages need to be numbered consecutively. Next, the pages can’t be removable or reinserted. You can purchase any generic notebook that follows these specifications or purchase a professional one from somewhere like Nolo Press. Protect your inventor’s journal like you would any important document.
2. Research
All startups rely on good research. Oftentimes your idea will already be out in the world, just perhaps in a different form. To start your research, search for any similar patents online. Don’t underestimate the power of Google when looking to see if your product already exists. If you don’t find any results that are similar to your concept, it’s time to research the market.
One of the main reasons startups fail is because they don’t think about their customers. They’re so busy building their business, they forget to think of how that business fits into the market. You need someone to sell your product to, so this research is essential. Just because you’re convinced your new idea is life-changing doesn’t mean anyone else will think so.
Let these questions below guide your market research:
> What demographics will benefit most from this product?
> Is there anything similar to this already available?
> Will producing this product be affordable?
> Is this something people will pay money for?
3. Prototyping
Thanks to new technology, this step is easier than ever before. A prototype is a model of your product. This is something you’ll do prior to filing for a patent, and it’s a way to work out any unexpected problems before finalizing your design. Even if you’re not a product designer or engineer, you can handle prototyping.
First, start with a drawing. Sketch these design ideas in your inventor’s journal. Create a mockup of your design. This can be in any material that helps you see the dimensions of your product. Finally, build a working model. There are many production companies that can assist with this final step. Thanks to 3D printing and CNC turned parts, this is more affordable than ever. Take the prototyping stage seriously. Your design needs to be optimized before it can be mass produced or patented. You want it perfect, functional, and attractive.
4. File a patent
Now that your design is complete, it’s time to file your patent. There are two types of patents available: a utility patent or a design patent. A utility patent is for creating new processes or machines while a design patent is for creating new, nonobvious ornamental designs. While you can write the patent application yourself without a lawyer, it is worth having a professional look over your documents before sending. You don’t want to take chances on your idea being infringed upon.
Read More >> https://alltopstartups.com/2018/11/13/5-steps-to-turning-your-startup-idea-into-a-successful-product/
Monday, November 12, 2018
What is Trademark
By: Michael J Foycik Jr.
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
WHAT IS TRADEMARK. . .
> protection
> application
> infringement
A trademark is any mark, logo, or phrase that serves to distinguish one source of goods from another.
When a trademark is in actual use in commerce, common law trademark rights can often exist even without a registered trademark. These can be enforced in state courts.
A federally registered trademark can be enforced in federal courts. To get a registered trademark, it is necessary to first file a US Trademark Application.
Such an application needs the information noted in the query form shown on this page.
A trademark search is strongly recommended. Skill is required in interpreting the results, since even identical trademarks can be registered if they are in sufficiently different classes of goods/services.
To get started now:
No money is needed to get started. Once we receive the above-noted information for a trademark application, we perform a free, informal search of the trademark records and advise if a serious obstacle exists in the form of a prior similar trademark application. There is no cost or obligation for this. An experienced trademark attorney interprets the results of the informal search.
Read More >> http://internationalpatentservice.com/What-is-Trademark.html
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
WHAT IS TRADEMARK. . .
> protection
> application
> infringement
A trademark is any mark, logo, or phrase that serves to distinguish one source of goods from another.
When a trademark is in actual use in commerce, common law trademark rights can often exist even without a registered trademark. These can be enforced in state courts.
A federally registered trademark can be enforced in federal courts. To get a registered trademark, it is necessary to first file a US Trademark Application.
Such an application needs the information noted in the query form shown on this page.
A trademark search is strongly recommended. Skill is required in interpreting the results, since even identical trademarks can be registered if they are in sufficiently different classes of goods/services.
To get started now:
No money is needed to get started. Once we receive the above-noted information for a trademark application, we perform a free, informal search of the trademark records and advise if a serious obstacle exists in the form of a prior similar trademark application. There is no cost or obligation for this. An experienced trademark attorney interprets the results of the informal search.
Read More >> http://internationalpatentservice.com/What-is-Trademark.html
Sunday, November 11, 2018
Is Your Intellectual Property Protected?
By: MICHAEL KAY
As an entrepreneur it’s important to understand the concept of intellectual theft – the act of using without permission, or stealing someone’s else intellectual property. Intellectual property (IP) can be defined as any new method, a commercial or any distinctive creation that has economic value, or any unique mark which can include a logo, symbol, or a name that is used for commercial practices.
This kind of property includes ideas that are protected by copyrights, patents, trademarks, and trade secret laws. Logos, poems, mechanical inventions, client lists, and other items can all be covered under intellectual property.
Intellectual property is protected by copyrights on creative pursuits for instance poems, photos, and music; trademarks for branded products or commercial marks; and patents for inventions. IP is protected under federal and state laws.
How to know when IP Theft has occurred
Intellectual property theft happens when an individual knowingly steals, takes, or misappropriates property that falls under the protection of laws around IP. For instance, in case someone copies a logo that belongs to another company with full knowledge that the logo belongs to someone else – this can be considered as IP theft. For it to qualify as IP theft, the IP normally has to be used without the owner’s consent.
Another classic example of intellectual property theft is when a restaurant employee steals a secret recipe of a particular item on the menu, and then goes ahead and uses the same recipe to cook food in another restaurant.
When you become a victim of IP theft
In case your IP is stolen or used without your permission, there are a number of paths that you can take:
Usually, the first step is to ask the individual who stole or is using the intellectual property without your permission to stop. It is possible that the individual committed the IP theft without intending to do so. In this particular case, they will immediately stop using your intellectual property or even agree to pay for it.
If you ask someone to stop using the work, and he/she fails to listen, you can take legal action. Even if you don’t intend to sue the individual who stole your IP, the threat of a lawsuit from a business litigation lawyer is generally motivation enough for someone to stop using your IP.
Why does IP theft occur?
IP theft is cheap, easy, and quick to commit. All that needs to happen for a thief to steal your IP is just to copy your product, idea or work. Usually, you might not even know your has been stolen. Since someone else has done all the heavy lifting, the thief benefits from your work without breaking a sweat.
It is possible that IP thieves will benefit financially from the theft. This profit loss can affect you deeper than just a simple theft. It is possible that the theft of their IP will result in damages to your business and reputation.
Types of intellectual property
Since there are numerous types of IP, there also different kinds of IP theft. The kind of IP that has been stolen will determine the rights you have while prosecuting IP theft.
Trade secrets
A trade secret is a piece of information which is valuable to a business, but not usually known. This particular material is kept private to preserve its economic value.
Patented material
A patent is granted for any new invention. There are three kinds of patents: plant, design, and utility.
Trademarked material
Material that can be trademarked is very limited. The only type of materials that can be trademarked are designs, phrases, symbols, and words which identify a brand.
Copyrighted material
This is material which is fixed in a tangible medium and is an expression of creativity. This can include books, software, paintings, photographs, and poems.
Read More >> http://yfsmagazine.com/2018/11/05/is-your-intellectual-property-protected/
As an entrepreneur it’s important to understand the concept of intellectual theft – the act of using without permission, or stealing someone’s else intellectual property. Intellectual property (IP) can be defined as any new method, a commercial or any distinctive creation that has economic value, or any unique mark which can include a logo, symbol, or a name that is used for commercial practices.
This kind of property includes ideas that are protected by copyrights, patents, trademarks, and trade secret laws. Logos, poems, mechanical inventions, client lists, and other items can all be covered under intellectual property.
Intellectual property is protected by copyrights on creative pursuits for instance poems, photos, and music; trademarks for branded products or commercial marks; and patents for inventions. IP is protected under federal and state laws.
How to know when IP Theft has occurred
Intellectual property theft happens when an individual knowingly steals, takes, or misappropriates property that falls under the protection of laws around IP. For instance, in case someone copies a logo that belongs to another company with full knowledge that the logo belongs to someone else – this can be considered as IP theft. For it to qualify as IP theft, the IP normally has to be used without the owner’s consent.
Another classic example of intellectual property theft is when a restaurant employee steals a secret recipe of a particular item on the menu, and then goes ahead and uses the same recipe to cook food in another restaurant.
When you become a victim of IP theft
In case your IP is stolen or used without your permission, there are a number of paths that you can take:
Usually, the first step is to ask the individual who stole or is using the intellectual property without your permission to stop. It is possible that the individual committed the IP theft without intending to do so. In this particular case, they will immediately stop using your intellectual property or even agree to pay for it.
If you ask someone to stop using the work, and he/she fails to listen, you can take legal action. Even if you don’t intend to sue the individual who stole your IP, the threat of a lawsuit from a business litigation lawyer is generally motivation enough for someone to stop using your IP.
Why does IP theft occur?
IP theft is cheap, easy, and quick to commit. All that needs to happen for a thief to steal your IP is just to copy your product, idea or work. Usually, you might not even know your has been stolen. Since someone else has done all the heavy lifting, the thief benefits from your work without breaking a sweat.
It is possible that IP thieves will benefit financially from the theft. This profit loss can affect you deeper than just a simple theft. It is possible that the theft of their IP will result in damages to your business and reputation.
Types of intellectual property
Since there are numerous types of IP, there also different kinds of IP theft. The kind of IP that has been stolen will determine the rights you have while prosecuting IP theft.
Trade secrets
A trade secret is a piece of information which is valuable to a business, but not usually known. This particular material is kept private to preserve its economic value.
Patented material
A patent is granted for any new invention. There are three kinds of patents: plant, design, and utility.
Trademarked material
Material that can be trademarked is very limited. The only type of materials that can be trademarked are designs, phrases, symbols, and words which identify a brand.
Copyrighted material
This is material which is fixed in a tangible medium and is an expression of creativity. This can include books, software, paintings, photographs, and poems.
Read More >> http://yfsmagazine.com/2018/11/05/is-your-intellectual-property-protected/
Saturday, November 10, 2018
What is Infringement
By: Michael J Foycik Jr.
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
There are three main types:
>> trademark infringement
>> patent infringement
>> copyright infringement
Trademark Infringement
This occurs when one party uses a trademark that is confusingly close to a trademark owned by another. It is simple to decide in cases where one party has a registered federal trademark and is the senior user.
A federal trademark confers nationwide rights, and can be enforced in federal courts. A non-registered trademark may nonetheless confer common law trademark rights. Common law trademark rights are enforced in state courts.
It can sometimes be that simple, and trials tend to be relatively short. Often, however, the situation is not clear, and sometimes – especially where both trademarks are common law trademarks and are not federally registered - it is hard to determine who is the senior user. In those cases, it can also be hard to tell whether or not the senior user's rights are substantial enough to stop a competitor.
Contact us if you are concerned about any trademark infringement matter, for a free initial consultation. There is no risk or obligation.
Some common questions are: what kind of damages can be awarded; how much does a trademark infringement lawsuit cost; what kinds of risks exist.
Go to Top
Patent Infringement
Patent infringement is determined by comparing a product, service, or method to the claims of an issued patent. The claims are interpreted with regard to the specification of the patent, and there is at least some enlargement of the claims to encompass more than what the patent shows (called the “penumbra” of the claims by various Supreme Court decisions.
Various defenses may exist to patent infringement. For example, the accused product or method may be based on an expired patent even if owned by another; or the claims may be invalid; or the accused infringer may actually have prior rights.
Contact us if you are concerned about any patent infringement matter, for a free initial consultation. There is no risk or obligation.
Some common questions are: what kind of damages can be awarded; how much does a patent infringement lawsuit cost; what kinds of risks exist.
Read More >> http://internationalpatentservice.com/What-is-Infringement.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.
There are three main types:
>> trademark infringement
>> patent infringement
>> copyright infringement
Trademark Infringement
This occurs when one party uses a trademark that is confusingly close to a trademark owned by another. It is simple to decide in cases where one party has a registered federal trademark and is the senior user.
A federal trademark confers nationwide rights, and can be enforced in federal courts. A non-registered trademark may nonetheless confer common law trademark rights. Common law trademark rights are enforced in state courts.
It can sometimes be that simple, and trials tend to be relatively short. Often, however, the situation is not clear, and sometimes – especially where both trademarks are common law trademarks and are not federally registered - it is hard to determine who is the senior user. In those cases, it can also be hard to tell whether or not the senior user's rights are substantial enough to stop a competitor.
Contact us if you are concerned about any trademark infringement matter, for a free initial consultation. There is no risk or obligation.
Some common questions are: what kind of damages can be awarded; how much does a trademark infringement lawsuit cost; what kinds of risks exist.
Go to Top
Patent Infringement
Patent infringement is determined by comparing a product, service, or method to the claims of an issued patent. The claims are interpreted with regard to the specification of the patent, and there is at least some enlargement of the claims to encompass more than what the patent shows (called the “penumbra” of the claims by various Supreme Court decisions.
Various defenses may exist to patent infringement. For example, the accused product or method may be based on an expired patent even if owned by another; or the claims may be invalid; or the accused infringer may actually have prior rights.
Contact us if you are concerned about any patent infringement matter, for a free initial consultation. There is no risk or obligation.
Some common questions are: what kind of damages can be awarded; how much does a patent infringement lawsuit cost; what kinds of risks exist.
Read More >> http://internationalpatentservice.com/What-is-Infringement.html
Monday, November 5, 2018
Types of Intellectual Property Protection You Can Use To Protect Your Idea
By: Steven Njenga
Intellectual Property protection (IP protection) is a means for preserving the integrity of inventions, literary and artistic works, symbols, designs and images created by the mind (intellect). Both entrepreneurs and business owners need to understand how IP law works in order to best protect their creations and ideas from being stolen by others. Be sure to speak with an intellectual property attorney to get the most thorough information possible in order avoid theft of your ideas.
Because filing Intellectual Property applications is time-intensive (and costly if filed incorrectly), you will need to determine what type of IP protection you need for your creation. There are four types of IP protection: patents, trademarks, trade secrets and copyrights. An invention can have one or more of these forms of protection at a time. Take a bottle of Coca-Cola ® as an example. The brand (Coca-Cola®) is a registered trademark. The formula is a trade secret. The graphic design is protected by copyright, while the shape of the bottle itself is protected by both a design patent and a trademark.
Patents
A patent sets properly rights on an invention allowing the patent holder to prevent others from making selling or using the invention. Patents allow businesses to succeed by using the new and improved processes or products to give them an edge over their competitors in the market place. To obtain patents and patent plaques, you will need to file an application with the U.S. Patent and Trademark Office.
There are three types of patents: utility, design and plant. A utility patent is the most common type of patent and covers processes, machines and compositions, along with any improvements to said article. In order to qualify for a utility patent, the invention must be:
> Unique and not known by anyone else
> Not obvious to anyone having standard skills in the industry
> Have some form of usefulness
In order to let your competitors know that your product is in the process of being patented, you can file for a provincial utility patent that allows you to use the words “patent pending” until your full utility patent is active.
Design patents cover new and improved designs for any manufactured article. In order to file for a design patent, you will need to submit detailed drawings from all sides of the object along with a specific description.
A plant patent is applied to new strains of asexually reproduced plants, meaning that they were reproduced by budding or grafting onto a pre-existing species. Any new plant not derived from a tuber or from the wild can receive a pant patent. Both plant and utility patents last for 20 years, while design patents last for 14 years.
If you have patent protection on your products, you can legally prosecute anyone who copies your design, invention or discovery. If you fail to file for patent protection on your products within in a 12-month period of releasing it to the public, you will lose the opportunity to obtain a patent forever.
Read More >> https://www.techiexpert.com/types-of-intellectual-property-protection-you-can-use-to-protect-your-idea/
Intellectual Property protection (IP protection) is a means for preserving the integrity of inventions, literary and artistic works, symbols, designs and images created by the mind (intellect). Both entrepreneurs and business owners need to understand how IP law works in order to best protect their creations and ideas from being stolen by others. Be sure to speak with an intellectual property attorney to get the most thorough information possible in order avoid theft of your ideas.
Because filing Intellectual Property applications is time-intensive (and costly if filed incorrectly), you will need to determine what type of IP protection you need for your creation. There are four types of IP protection: patents, trademarks, trade secrets and copyrights. An invention can have one or more of these forms of protection at a time. Take a bottle of Coca-Cola ® as an example. The brand (Coca-Cola®) is a registered trademark. The formula is a trade secret. The graphic design is protected by copyright, while the shape of the bottle itself is protected by both a design patent and a trademark.
Patents
A patent sets properly rights on an invention allowing the patent holder to prevent others from making selling or using the invention. Patents allow businesses to succeed by using the new and improved processes or products to give them an edge over their competitors in the market place. To obtain patents and patent plaques, you will need to file an application with the U.S. Patent and Trademark Office.
There are three types of patents: utility, design and plant. A utility patent is the most common type of patent and covers processes, machines and compositions, along with any improvements to said article. In order to qualify for a utility patent, the invention must be:
> Unique and not known by anyone else
> Not obvious to anyone having standard skills in the industry
> Have some form of usefulness
In order to let your competitors know that your product is in the process of being patented, you can file for a provincial utility patent that allows you to use the words “patent pending” until your full utility patent is active.
Design patents cover new and improved designs for any manufactured article. In order to file for a design patent, you will need to submit detailed drawings from all sides of the object along with a specific description.
A plant patent is applied to new strains of asexually reproduced plants, meaning that they were reproduced by budding or grafting onto a pre-existing species. Any new plant not derived from a tuber or from the wild can receive a pant patent. Both plant and utility patents last for 20 years, while design patents last for 14 years.
If you have patent protection on your products, you can legally prosecute anyone who copies your design, invention or discovery. If you fail to file for patent protection on your products within in a 12-month period of releasing it to the public, you will lose the opportunity to obtain a patent forever.
Read More >> https://www.techiexpert.com/types-of-intellectual-property-protection-you-can-use-to-protect-your-idea/
Sunday, November 4, 2018
The AIA And Its Impact On The Independent Inventor
By: Michael J Foycik Jr.
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
The AIA And Its Impact On The Independent Inventor
By Michael Foycik ©2011
Used with permission.
The Leahy-Smith America Invents Act, AIA for short, proposes sweeping changes to the U.S. Patent legal system and to the U.S. Patent Office itself. The “first to file” provision is of the greatest importance to independent inventors. Most of the other changes are, more or less, administrative in nature, and will be covered in future articles. This article takes a brief look at the issues affecting the independent inventor, and especially the “first to file“ provision of the AIA.
Simply put, the “first to file” law would mean whoever is first to file a patent application will be deemed the true inventor. Sounds simple, but the law also provides for a possible “derivation proceeding” which would have a very limited scope.
What does this mean for the independent inventor? For one thing, it means even the best confidentiality agreements and NDAs (non-disclosure agreements) will have questionable value. It will be difficult, and very costly, to contest inventorship under the AIA. How costly? It depends, but even now the costs of contesting inventorship may be out of reach of most independent inventors; under the AIA, far greater hurdles will exist, and the cost will be higher.
Under the AIA, independent inventors would be well advised to first file a patent application (provisional or utility, either will suffice) before showing the invention to anyone.
This is already my recommendation to inventors: file a patent application first! Do this before you show it. Do not trust in agreements or contracts to protect your rights. Too costly, you say? Not true! A provisional patent application is very cost effective, gives substantial rights, and the government filing fee is relatively low. And, if you can’t afford the government filing fee, there are even some work-around solutions for that, which I may write about in a future article.
Under the current law, any two conflicting patent applications can, in theory, be placed into an “interference proceeding” to determine which inventor should have the rights of both conflicting applications. Those proceedings are expensive, and fairly rare. Even so, the existence of such interference proceedings has one beneficial effect: it discourages “ripping off” (e.g., misappropriation) of inventions. Such “interference” proceedings will be a thing of the past under the AIA.
Read More >> http://internationalpatentservice.com/The-Aia-And-Its-Impact-On-The-Independent-Inventor.html
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
The AIA And Its Impact On The Independent Inventor
By Michael Foycik ©2011
Used with permission.
The Leahy-Smith America Invents Act, AIA for short, proposes sweeping changes to the U.S. Patent legal system and to the U.S. Patent Office itself. The “first to file” provision is of the greatest importance to independent inventors. Most of the other changes are, more or less, administrative in nature, and will be covered in future articles. This article takes a brief look at the issues affecting the independent inventor, and especially the “first to file“ provision of the AIA.
Simply put, the “first to file” law would mean whoever is first to file a patent application will be deemed the true inventor. Sounds simple, but the law also provides for a possible “derivation proceeding” which would have a very limited scope.
What does this mean for the independent inventor? For one thing, it means even the best confidentiality agreements and NDAs (non-disclosure agreements) will have questionable value. It will be difficult, and very costly, to contest inventorship under the AIA. How costly? It depends, but even now the costs of contesting inventorship may be out of reach of most independent inventors; under the AIA, far greater hurdles will exist, and the cost will be higher.
Under the AIA, independent inventors would be well advised to first file a patent application (provisional or utility, either will suffice) before showing the invention to anyone.
This is already my recommendation to inventors: file a patent application first! Do this before you show it. Do not trust in agreements or contracts to protect your rights. Too costly, you say? Not true! A provisional patent application is very cost effective, gives substantial rights, and the government filing fee is relatively low. And, if you can’t afford the government filing fee, there are even some work-around solutions for that, which I may write about in a future article.
Under the current law, any two conflicting patent applications can, in theory, be placed into an “interference proceeding” to determine which inventor should have the rights of both conflicting applications. Those proceedings are expensive, and fairly rare. Even so, the existence of such interference proceedings has one beneficial effect: it discourages “ripping off” (e.g., misappropriation) of inventions. Such “interference” proceedings will be a thing of the past under the AIA.
Read More >> http://internationalpatentservice.com/The-Aia-And-Its-Impact-On-The-Independent-Inventor.html
Thursday, November 1, 2018
Copyright, Trademark, Patent, or License? Understanding the Differences
By: Jeff Carson
Copyrights, trademarks, patents, and licenses are each a different form of intellectual property (IP) rights protection recognized by U.S. law. The distinctions among them can be subtle and often the same product or service may involve more than one of these IP rights. How can you tell them apart when deciding how to protect your company’s assets? Here’s how.
Copyrights
Copyright protects the rights of “authors” in their original creative works. Copyrightable works include artistic creations, like novels, paintings, films, and songs, but also business-related works like software code, website designs, architectural drawings, marketing reports, and product manuals.
The author of a copyrighted work has the exclusive right to:
> Reproduce (print or copy), publish, perform, display, film and/or record the creative content.
> Create derivative works from the original work (for example, updates, revisions, summaries, translations, and adaptations).
Post a Job
Copyright protection arises automatically at the time the work is fixed in tangible form, either directly or through use of a machine, like a computer or movie projector. Copyrights have a term equal to the life of the author plus 70 years. If a company is the owner of the copyright, it has a term equal to 95 years after the date the work is first made public.
Copyrighted works can be registered with the U.S. Copyright Office. Registration is optional but highly recommended. Registration provides legal benefits to the author, including the ability to enforce the copyright against infringers in court. Copyrighted works (registered and unregistered) can display the © symbol to provide notice that the author considers the work to be protected by copyright.
Trademarks
A trademark is a symbol, word, slogan, design, color, or logo that identifies the source of a product or service, and distinguishes it from those made or provided by others. Trademarks can represent:
> The product or service itself (ex. iPhone)
> A feature or element of the product or service (ex. FaceTime)
> The manufacturer or provider of the product or service (ex. Apple).
A “service mark” is a trademark that identifies a service instead of a tangible product.
The owner of a trademark has the right to prevent infringers from unfairly competing with the owner by using marks that are “confusingly similar.” In the United States, trademark rights can arise in two ways:
> Automatically by use of the trademark in the marketplace in connection with a product or service (“common law” or unregistered trademarks).
> By registration of the trademark with the U.S. Patent and Trademark Office (PTO) (“registered” trademarks).
Get a free proposal from Jeff
Although not required by law, registering a trademark with the PTO confers many benefits on the trademark owner. For example, a U.S. trademark registration gives the owner nationwide rights to use the mark in connection with the goods and services included in the registration. Common law trademarks only create rights in the specific geographic territories where the owner is actually using it.
Common law trademarks can be used with the ℠ or ™ symbols. Registered trademarks can be used with the ® symbol. Both types of trademarks are valid so long as your business continues to use them. However, registered trademarks must be renewed periodically with the PTO.
Patents
Patents protect the rights of inventors. A patent is a 20-year exclusive property right granted by the PTO for an invention.
A patent entitles you to exclude others from making, using, or selling your invention. Once your patent is issued, you have an obligation to enforce it against unauthorized third parties violating your rights. If you don’t, a court can declare your patent “abandoned” and unenforceable.
Most patents are utility patents that protect “any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof.” To obtain a utility patent, you will need to prove to the PTO, through claims in your patent application, that your invention is useful, novel and non-obvious. Other types of patents often sought by businesses include:
> Design patents, which concern “new, original, and ornamental design embodied in or applied to an article of manufacture” not affecting the article’s function;
> Business method patents, which protect new methods of doing business, such as those used in banking, tax compliance and e-commerce, for example; and
> Plant patents, which protect invented or discovered asexually reproduced plants that are new and distinct.
Read More >> https://www.upcounsel.com/blog/copyright-trademark-patent-license-understanding-differences
Copyrights, trademarks, patents, and licenses are each a different form of intellectual property (IP) rights protection recognized by U.S. law. The distinctions among them can be subtle and often the same product or service may involve more than one of these IP rights. How can you tell them apart when deciding how to protect your company’s assets? Here’s how.
Copyrights
Copyright protects the rights of “authors” in their original creative works. Copyrightable works include artistic creations, like novels, paintings, films, and songs, but also business-related works like software code, website designs, architectural drawings, marketing reports, and product manuals.
The author of a copyrighted work has the exclusive right to:
> Reproduce (print or copy), publish, perform, display, film and/or record the creative content.
> Create derivative works from the original work (for example, updates, revisions, summaries, translations, and adaptations).
Post a Job
Copyright protection arises automatically at the time the work is fixed in tangible form, either directly or through use of a machine, like a computer or movie projector. Copyrights have a term equal to the life of the author plus 70 years. If a company is the owner of the copyright, it has a term equal to 95 years after the date the work is first made public.
Copyrighted works can be registered with the U.S. Copyright Office. Registration is optional but highly recommended. Registration provides legal benefits to the author, including the ability to enforce the copyright against infringers in court. Copyrighted works (registered and unregistered) can display the © symbol to provide notice that the author considers the work to be protected by copyright.
Trademarks
A trademark is a symbol, word, slogan, design, color, or logo that identifies the source of a product or service, and distinguishes it from those made or provided by others. Trademarks can represent:
> The product or service itself (ex. iPhone)
> A feature or element of the product or service (ex. FaceTime)
> The manufacturer or provider of the product or service (ex. Apple).
A “service mark” is a trademark that identifies a service instead of a tangible product.
The owner of a trademark has the right to prevent infringers from unfairly competing with the owner by using marks that are “confusingly similar.” In the United States, trademark rights can arise in two ways:
> Automatically by use of the trademark in the marketplace in connection with a product or service (“common law” or unregistered trademarks).
> By registration of the trademark with the U.S. Patent and Trademark Office (PTO) (“registered” trademarks).
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Although not required by law, registering a trademark with the PTO confers many benefits on the trademark owner. For example, a U.S. trademark registration gives the owner nationwide rights to use the mark in connection with the goods and services included in the registration. Common law trademarks only create rights in the specific geographic territories where the owner is actually using it.
Common law trademarks can be used with the ℠ or ™ symbols. Registered trademarks can be used with the ® symbol. Both types of trademarks are valid so long as your business continues to use them. However, registered trademarks must be renewed periodically with the PTO.
Patents
Patents protect the rights of inventors. A patent is a 20-year exclusive property right granted by the PTO for an invention.
A patent entitles you to exclude others from making, using, or selling your invention. Once your patent is issued, you have an obligation to enforce it against unauthorized third parties violating your rights. If you don’t, a court can declare your patent “abandoned” and unenforceable.
Most patents are utility patents that protect “any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof.” To obtain a utility patent, you will need to prove to the PTO, through claims in your patent application, that your invention is useful, novel and non-obvious. Other types of patents often sought by businesses include:
> Design patents, which concern “new, original, and ornamental design embodied in or applied to an article of manufacture” not affecting the article’s function;
> Business method patents, which protect new methods of doing business, such as those used in banking, tax compliance and e-commerce, for example; and
> Plant patents, which protect invented or discovered asexually reproduced plants that are new and distinct.
Read More >> https://www.upcounsel.com/blog/copyright-trademark-patent-license-understanding-differences
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