By: Khuram Shahzad
BEIJING: China’s top court will rule on intellectual property cases for the first time from January 1, the government said, elevating the handling of an issue that has become a key complaint in the trade war with the US.
Washington and Beijing are currently in talks to resolve a bruising trade spat that has spooked markets worldwide. The two sides imposed tit-for-tat tariffs on more than $300 billion worth of goods this year, before agreeing to a 90-day truce on December 1.
The United States, along with the European Union, has long complained about lax enforcement of intellectual property rights in China. Forced technology transfers have been another major bone of contention for foreign companies operating in China.
Deputy Chief Justice Luo Dongchuan said Saturday that from the start of 2019 the Supreme Court would begin handling appeals on intellectual property rights cases, state-run Xinhua news agency reported. Such cases were previously handled by provincial-level high courts.
The move will “help prevent inconsistency of legal application and improve the quality and efficiency of trials,” Luo said.
China is mulling a series of steps to strengthen protections against IP theft. IP includes intangible creations like patents, trademarks and copyrights.
The country’s patent law is being amended to increase the compensation amount by up to five times.
Another draft law presented at a recent meeting of China’s legislature, the Standing Committee of the National People’s Congress, allows victims of intellectual property theft to sue for damages.
China’s legislature also announced it is looking at a new law governing foreign investment that would prevent the forced transfer of technology and give foreign firms the same privileges as Chinese companies.
Chinese courts heard a total of 213,480 IP cases in 2017 — 40 percent more than in 2016 and double the number heard in 2013, Xinhua reported.
The post China’s top court to handle intellectual property appeals appeared first on ARYNEWS.
Source >> https://www.topnewspk.com/2018/12/chinas-top-court-to-handle-intellectual_30.html
Monday, December 31, 2018
Sunday, December 30, 2018
Google Secrets No More - What Recent Google Patents Tell Us About SEO, Ads, and More
By: Michael J Foycik Jr.
January 9, 2014
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
There are interesting features in several recently issued Google patents. There are interesting insights, possibly secrets revealed, and opportunities too. Let's have a quick look.
A favorite of this author is Patent Number 8,589,391, which relates to a method for generating web site ratings for a user. This seems to be very useful. You can look this patent up online by searching “google patents advanced search” which brings up an option to search by patent number. I do recommend this, since there is an option to download the patent as a pdf file; this applies to the following patents as well.
And, something functional: Patent Number 8,589,387, for an Information Extractor from a Database, also assigned to Google. Here's an opportunity – if this is so important, other firms may well be able to develop improved/different methods for doing this which may well be of interest to search engine companies like Google.
More insights into the Google field of interest: Patent Number 8,589,399, for identifying terms of interest to an entity. This has obvious interest to marketers, but may have broader implications. And, there could be secrets revealed therein. Worth a look!
More opportunities for programmers and marketers may be in Patent Number 8,549,032, also to Google, for determining proximity to topics of advertisements. If this is still of importance now, other methods could well be of importance too. There seems to be room for growth in this field.
Read More >> http://internationalpatentservice.com/Google-Secrets-No-More.html
January 9, 2014
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
There are interesting features in several recently issued Google patents. There are interesting insights, possibly secrets revealed, and opportunities too. Let's have a quick look.
A favorite of this author is Patent Number 8,589,391, which relates to a method for generating web site ratings for a user. This seems to be very useful. You can look this patent up online by searching “google patents advanced search” which brings up an option to search by patent number. I do recommend this, since there is an option to download the patent as a pdf file; this applies to the following patents as well.
And, something functional: Patent Number 8,589,387, for an Information Extractor from a Database, also assigned to Google. Here's an opportunity – if this is so important, other firms may well be able to develop improved/different methods for doing this which may well be of interest to search engine companies like Google.
More insights into the Google field of interest: Patent Number 8,589,399, for identifying terms of interest to an entity. This has obvious interest to marketers, but may have broader implications. And, there could be secrets revealed therein. Worth a look!
More opportunities for programmers and marketers may be in Patent Number 8,549,032, also to Google, for determining proximity to topics of advertisements. If this is still of importance now, other methods could well be of importance too. There seems to be room for growth in this field.
Read More >> http://internationalpatentservice.com/Google-Secrets-No-More.html
Saturday, December 29, 2018
Intellectual Property Infringement: What Real Business Owners Need to Know
By: MONA BUSHNELL
Want to learn more about intellectual property infringement to make sure your business is protected? This FAQ guide can help you learn the basics of copyright law, trademarks and confidential disclosure agreements.
Intellectual property infringement is a hot topic among small business owners. Throughout the active Business.com community lots of entrepreneurs discuss strategies to avoid violating intellectual property laws and how to protect their own businesses by using such laws. To make the topic a little clearer we created this FAQ Guide to intellectual property infringement, inspired by questions from the Business.com community.
What is covered under the category of intellectual property?
Intellectual property can be a written work, a work of art, a discovery, invention, logo or anything else that can be protected by patents, trademarks and copyrights. To learn more about protecting your intellectual property check out our articles on patent filing FAQs and how to apply for a copyright online. For information on filing for a trademark, visit the U.S. Patent and Trademark Office's website.
How can I seek out partnerships and collaborative opportunities without someone ripping off my idea?
First and foremost, you should consult with a lawyer. Do not leave anything to handshake deals or verbal promises. There are several ways to protect your business ideas during the collaboration phase, including patents, provisional patents, trademarks and non-disclosure agreements.
If you're outsourcing production of a product, especially overseas, take extra precautions. In addition to doing heavy duty research on the legitimacy of the production company, consult with a lawyer who specializes in helping protect American companies that produce overseas.
What is a Confidential Disclosure Agreement?
A Confidential Disclosure Agreement (CDA) may also be called a Non-Disclosure Agreement (NDA) or simply a Confidentiality Agreement (CA). A CDA is a contract between different parties who wish to share information with each other but want to restrict the sharing of such information to a specific group of people or organizations.
How can I get investors to sign a Confidential Disclosure Agreement?
There's a lot of buzz about CDAs in the Business.com community. One common question is how to get investors to sign a CDA, but perhaps a better question would be whether you should ask investors to sign a CDA in the first place.
If you are seeking investment from legitimate investors and established VCs you may face some backlash if you ask them to sign a CDA before even hearing your pitch. Active investors hear lots of pitches and asking for a CDA can be a bit like asking someone for a prenup on the first date; it implies not only that you think your idea is better than anything they've ever heard, but also that they might be people who would steal your idea. Do your homework on your investors before you get to the pitch, make sure there are no potential conflicts of interest, and when in doubt ask your attorney for their opinion.
Am I violating copyright laws by quoting an existing work?
If you're working on producing a written work and you want to include quotations or passages from other copyrighted pieces you are not necessarily violating copyright laws, but there are parameters. The right to quote is what allows individuals to incorporate quotations within their work; however, to do so legally, the quotations cannot make up the majority of the work – there still has to be original content that brings value to the work. Additionally, any quotations you include must be properly cited.
There's also something called fair use law, which is what allows creators to produce parodies, criticisms, and other derivative works without asking for permission from the original creator. It should be noted, though, that including images or audio clips as well as written words is a completely different ball game from exclusively using quotations. If you're at all concerned about infringing on a copyright consult a copyright lawyer before you shop your work around to publishers.
Source >> https://www.business.com/articles/faq-intellectual-property-infringement/
Want to learn more about intellectual property infringement to make sure your business is protected? This FAQ guide can help you learn the basics of copyright law, trademarks and confidential disclosure agreements.
Intellectual property infringement is a hot topic among small business owners. Throughout the active Business.com community lots of entrepreneurs discuss strategies to avoid violating intellectual property laws and how to protect their own businesses by using such laws. To make the topic a little clearer we created this FAQ Guide to intellectual property infringement, inspired by questions from the Business.com community.
What is covered under the category of intellectual property?
Intellectual property can be a written work, a work of art, a discovery, invention, logo or anything else that can be protected by patents, trademarks and copyrights. To learn more about protecting your intellectual property check out our articles on patent filing FAQs and how to apply for a copyright online. For information on filing for a trademark, visit the U.S. Patent and Trademark Office's website.
How can I seek out partnerships and collaborative opportunities without someone ripping off my idea?
First and foremost, you should consult with a lawyer. Do not leave anything to handshake deals or verbal promises. There are several ways to protect your business ideas during the collaboration phase, including patents, provisional patents, trademarks and non-disclosure agreements.
If you're outsourcing production of a product, especially overseas, take extra precautions. In addition to doing heavy duty research on the legitimacy of the production company, consult with a lawyer who specializes in helping protect American companies that produce overseas.
What is a Confidential Disclosure Agreement?
A Confidential Disclosure Agreement (CDA) may also be called a Non-Disclosure Agreement (NDA) or simply a Confidentiality Agreement (CA). A CDA is a contract between different parties who wish to share information with each other but want to restrict the sharing of such information to a specific group of people or organizations.
How can I get investors to sign a Confidential Disclosure Agreement?
There's a lot of buzz about CDAs in the Business.com community. One common question is how to get investors to sign a CDA, but perhaps a better question would be whether you should ask investors to sign a CDA in the first place.
If you are seeking investment from legitimate investors and established VCs you may face some backlash if you ask them to sign a CDA before even hearing your pitch. Active investors hear lots of pitches and asking for a CDA can be a bit like asking someone for a prenup on the first date; it implies not only that you think your idea is better than anything they've ever heard, but also that they might be people who would steal your idea. Do your homework on your investors before you get to the pitch, make sure there are no potential conflicts of interest, and when in doubt ask your attorney for their opinion.
Am I violating copyright laws by quoting an existing work?
If you're working on producing a written work and you want to include quotations or passages from other copyrighted pieces you are not necessarily violating copyright laws, but there are parameters. The right to quote is what allows individuals to incorporate quotations within their work; however, to do so legally, the quotations cannot make up the majority of the work – there still has to be original content that brings value to the work. Additionally, any quotations you include must be properly cited.
There's also something called fair use law, which is what allows creators to produce parodies, criticisms, and other derivative works without asking for permission from the original creator. It should be noted, though, that including images or audio clips as well as written words is a completely different ball game from exclusively using quotations. If you're at all concerned about infringing on a copyright consult a copyright lawyer before you shop your work around to publishers.
Source >> https://www.business.com/articles/faq-intellectual-property-infringement/
Thursday, December 27, 2018
Claims In A Patent Application - What You Should Know
By: Michael J Foycik Jr.
January 3, 2014
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
What is a broad claim? How can you protect your invention when competitors make slight changes? Should you even worry about these things? Here is a simple guide that may help.
There is a law of claim infringement that is worth knowing. A claim is infringed if the accuses product has each and every limitation of the claim. What's that mean? Well, suppose a claim for a pencil reads: “An implement for marking having a hollow tubular portion having a spreadable substance inside.” Then, a pencil having an eraser would still infringe – the added feature of the eraser does not matter. Even more importantly, that claim even reads on a lipstick case. What a wonderful claim!
You too can have good – even wonderful – claims, if your invention can support them. The one problem is that the patent examiner rejects any claims that would read on the prior art patents. So, no one else can ever get a claim for a pencil as broad as the above example, now that pencils are part of the prior art.
Let's say your invention has all kinds of wonderful and exciting features. Many do! How should be approach the claims for such a product?
One approach is to have several “independent” claims, which do not depend from any other claim. Many of the features can then be added as depended claims, like this: Dependent claim 2 for the above pencil invention could read: “Claim 2: An implement as claimed in claim 1, further comprising an eraser disposed at one end of the tubular portion.”
Read More >> http://internationalpatentservice.com/Claims-In-A-Patent-Application-What-You-Should-Know.html
January 3, 2014
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
What is a broad claim? How can you protect your invention when competitors make slight changes? Should you even worry about these things? Here is a simple guide that may help.
There is a law of claim infringement that is worth knowing. A claim is infringed if the accuses product has each and every limitation of the claim. What's that mean? Well, suppose a claim for a pencil reads: “An implement for marking having a hollow tubular portion having a spreadable substance inside.” Then, a pencil having an eraser would still infringe – the added feature of the eraser does not matter. Even more importantly, that claim even reads on a lipstick case. What a wonderful claim!
You too can have good – even wonderful – claims, if your invention can support them. The one problem is that the patent examiner rejects any claims that would read on the prior art patents. So, no one else can ever get a claim for a pencil as broad as the above example, now that pencils are part of the prior art.
Let's say your invention has all kinds of wonderful and exciting features. Many do! How should be approach the claims for such a product?
One approach is to have several “independent” claims, which do not depend from any other claim. Many of the features can then be added as depended claims, like this: Dependent claim 2 for the above pencil invention could read: “Claim 2: An implement as claimed in claim 1, further comprising an eraser disposed at one end of the tubular portion.”
Read More >> http://internationalpatentservice.com/Claims-In-A-Patent-Application-What-You-Should-Know.html
Wednesday, December 26, 2018
Biotech startup Relay Therapeutics raises $400 million from SoftBank, GV, others
By: PAUL SAWERS
Relay Therapeutics, a biotechnology startup that’s meshing computational power with the latest experimental techniques around “protein motion” to create a cutting-edge drug discovery engine, has raised a whopping $400 million in a series C round of funding led by SoftBank’s Vision Fund.
Other participants in the round include Alphabet’s GV, Foresite Capital, Perceptive Advisors, Tavistock Group, Casdin Capital, BVF Partners, EcoR1 Capital, Alexandria Venture Investments, and an affiliate of D.E. Shaw Research.
Proteins
Founded out of Cambridge, Massachusetts in 2016, Relay Therapeutics looks at the activity of proteins and the way their movements and interactions relate to their function — and how this impacts the formation of diseases in the human body. With such insights into the dynamic nature of proteins, Relay Therapeutics is setting out to develop new therapies, with an initial focus on cancer, though it will eventually explore programs for all manner of diseases.
“We are at a unique moment in the evolution of drug discovery, where we can realize the promise of integrating ever more powerful experimental and computational discovery tools to tackle previously undruggable protein targets,” noted Relay Therapeutics president and CEO Sanjiv Patel. “The success of our early programs validates the potential of our platform to create breakthrough therapies that address a broad range of diseases.”
Relay Therapeutics had previously raised around $120 million, including a $63 million series B round last year, and with its latest cash injection it plans to “accelerate the implementation of its long-term strategy” while also pushing its existing programs into clinics.
Read More >> https://venturebeat.com/2018/12/20/biotech-startup-relay-therapeutics-raises-400-million-from-softbank-gv-others/
Relay Therapeutics, a biotechnology startup that’s meshing computational power with the latest experimental techniques around “protein motion” to create a cutting-edge drug discovery engine, has raised a whopping $400 million in a series C round of funding led by SoftBank’s Vision Fund.
Other participants in the round include Alphabet’s GV, Foresite Capital, Perceptive Advisors, Tavistock Group, Casdin Capital, BVF Partners, EcoR1 Capital, Alexandria Venture Investments, and an affiliate of D.E. Shaw Research.
Proteins
Founded out of Cambridge, Massachusetts in 2016, Relay Therapeutics looks at the activity of proteins and the way their movements and interactions relate to their function — and how this impacts the formation of diseases in the human body. With such insights into the dynamic nature of proteins, Relay Therapeutics is setting out to develop new therapies, with an initial focus on cancer, though it will eventually explore programs for all manner of diseases.
“We are at a unique moment in the evolution of drug discovery, where we can realize the promise of integrating ever more powerful experimental and computational discovery tools to tackle previously undruggable protein targets,” noted Relay Therapeutics president and CEO Sanjiv Patel. “The success of our early programs validates the potential of our platform to create breakthrough therapies that address a broad range of diseases.”
Relay Therapeutics had previously raised around $120 million, including a $63 million series B round last year, and with its latest cash injection it plans to “accelerate the implementation of its long-term strategy” while also pushing its existing programs into clinics.
Read More >> https://venturebeat.com/2018/12/20/biotech-startup-relay-therapeutics-raises-400-million-from-softbank-gv-others/
Tuesday, December 25, 2018
Responding to Restriction and Election Requirements in Patent Applications
By Michael J Foycik Jr.
December 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.
It is not at all uncommon to receive an Office Action in a pending U.S. Patent application which is a Restriction requirement or an Electrion requirement. These are two different things, though they may seem similar. Here are a few things to know.
A restriction requirement is normally for completely separate inventions, based strictly on what is claimed. For example, let's say an application is directed to a new mirror and a new hammer. Restriction? Maybe, but it depends on the claims. If there are separate independent claims which recited the mirror and the hammer separately, then a restriction requirement may be made.
In responding to a restriction requirement, it is necessary to elect one of the inventions for further examination. It is possible to contest such a requirement, but there is little likelihood of success. The non-elected invention(s) will likely not be examined, but can be claimed in a future patent application called a “divisional”. A new government filing fee will be due. Advantageously, this means that the applicant's rights have additional life, and sometimes this is useful. For example when competitors try to invent around the claims, the claims in the pending application can be changed.
Read More >> http://internationalpatentservice.com/Responding-to-Restriction-and-Election-Requirements-in-Patent-Applications.html
December 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.
It is not at all uncommon to receive an Office Action in a pending U.S. Patent application which is a Restriction requirement or an Electrion requirement. These are two different things, though they may seem similar. Here are a few things to know.
A restriction requirement is normally for completely separate inventions, based strictly on what is claimed. For example, let's say an application is directed to a new mirror and a new hammer. Restriction? Maybe, but it depends on the claims. If there are separate independent claims which recited the mirror and the hammer separately, then a restriction requirement may be made.
In responding to a restriction requirement, it is necessary to elect one of the inventions for further examination. It is possible to contest such a requirement, but there is little likelihood of success. The non-elected invention(s) will likely not be examined, but can be claimed in a future patent application called a “divisional”. A new government filing fee will be due. Advantageously, this means that the applicant's rights have additional life, and sometimes this is useful. For example when competitors try to invent around the claims, the claims in the pending application can be changed.
Read More >> http://internationalpatentservice.com/Responding-to-Restriction-and-Election-Requirements-in-Patent-Applications.html
Monday, December 24, 2018
Intellectual Property: The Quick and Dirty
By: Melissa P. Bernier
I often get asked what the difference is between copyright, trademark and patent. Many people use the terms interchangeably and/or incorrectly. In an attempt to set the record straight, here is the quick and dirty on intellectual property (IP).
IP Generally
According to the World Intellectual Property Organization, intellectual property is defined as “creations of the mind such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.” Copyright, trademarks and patents are the laws that protect IP and they all “enable people to earn recognition or financial benefit from what they invent or create.” Each of these work in different ways and protect different things but there is one common thread – they are the lifeblood of any small business or career in the creative sector.
Copyright
In the U.S., copyright is the body of law that protects original works of authorship fixed in a tangible medium. Copyright protection is available for: musical works, literary works, visual arts, live performances, photographs, movies, and even software. Keep in mind though – copyright does NOT protect ideas, but rather the expression of those ideas. For example, if you create a song, it isn’t eligible for copyright protection until you put that song onto a cd or into a digital format.
Copyright only protects original works – i.e. works that you personally created using your own ideas, or works that you had done on your behalf (known as a “work for hire”). Additionally, copyrights expire after a certain number of years. For works that are created by an individual, copyright protection lasts for the life of the individual author, plus an additional 70 years. For works that you have commissioned (aka that you have done on your behalf), copyright protection lasts for 95 years from the date of publication or 120 years from the date of creation, whichever is shorter.
Copyright is particularly relevant in the music, film, arts and literary industries. Contrary to popular belief, fashion designs (at least in the United States) are not eligible for copyright protection.
Trademark
A trademark is a word, phrase, symbol and/or design that identifies and distinguishes the source of the goods of one party from those of others. Essentially, trademark helps consumers distinguish one brand from another. Trademarks come in two varieties – although everyone uses “trademark” generally to describe both – “trademark” and “service mark”. The term trademark refers to goods specifically (i.e., McDonalds, Apple, Samsung). The term service mark refers to a word, phrase, symbol, and/or design that identifies and distinguishes the source of a service rather than goods (i.e., H&R Block, Verizon, Bernier Legal).
Brand names, slogans and logos are all examples of trademarks. The legal name under which you do business – for example the name that you used to register your business in your particular state, is not necessarily your brand name, and therefore not the name that you would trademark.
Read More >> https://www.brooklynlegal.nyc/law/intellectual-property-the-quick-and-dirty/
I often get asked what the difference is between copyright, trademark and patent. Many people use the terms interchangeably and/or incorrectly. In an attempt to set the record straight, here is the quick and dirty on intellectual property (IP).
IP Generally
According to the World Intellectual Property Organization, intellectual property is defined as “creations of the mind such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.” Copyright, trademarks and patents are the laws that protect IP and they all “enable people to earn recognition or financial benefit from what they invent or create.” Each of these work in different ways and protect different things but there is one common thread – they are the lifeblood of any small business or career in the creative sector.
Copyright
In the U.S., copyright is the body of law that protects original works of authorship fixed in a tangible medium. Copyright protection is available for: musical works, literary works, visual arts, live performances, photographs, movies, and even software. Keep in mind though – copyright does NOT protect ideas, but rather the expression of those ideas. For example, if you create a song, it isn’t eligible for copyright protection until you put that song onto a cd or into a digital format.
Copyright only protects original works – i.e. works that you personally created using your own ideas, or works that you had done on your behalf (known as a “work for hire”). Additionally, copyrights expire after a certain number of years. For works that are created by an individual, copyright protection lasts for the life of the individual author, plus an additional 70 years. For works that you have commissioned (aka that you have done on your behalf), copyright protection lasts for 95 years from the date of publication or 120 years from the date of creation, whichever is shorter.
Copyright is particularly relevant in the music, film, arts and literary industries. Contrary to popular belief, fashion designs (at least in the United States) are not eligible for copyright protection.
Trademark
A trademark is a word, phrase, symbol and/or design that identifies and distinguishes the source of the goods of one party from those of others. Essentially, trademark helps consumers distinguish one brand from another. Trademarks come in two varieties – although everyone uses “trademark” generally to describe both – “trademark” and “service mark”. The term trademark refers to goods specifically (i.e., McDonalds, Apple, Samsung). The term service mark refers to a word, phrase, symbol, and/or design that identifies and distinguishes the source of a service rather than goods (i.e., H&R Block, Verizon, Bernier Legal).
Brand names, slogans and logos are all examples of trademarks. The legal name under which you do business – for example the name that you used to register your business in your particular state, is not necessarily your brand name, and therefore not the name that you would trademark.
Read More >> https://www.brooklynlegal.nyc/law/intellectual-property-the-quick-and-dirty/
Sunday, December 23, 2018
What Is Patentable?
By: Michael J Foycik Jr.
November 15, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Wonder what is patentable? When a good idea could becomes a valuable right? If so, read on!
The legal standards are simple to state: anything new an unobvious. But, what is new? And, what is unobvious? This is discussed as follows.
Anything “new” would include a new arrangement of old parts, an arrangement which achieves a new result, and any improvement to an existing device. These all may be deemed to be new and can therefore support a patent application. A very small improvement is still new under this standard.
Make something useful out of standard hardware items? That's ok, as long as it is new. How do you know it is new? Well, if you didn't copy it, and haven't seen one anywhere, then it could be new. A patent search might – or might not – turn up relevant prior art, so that's another way to try to guesstimate whether something is really new or not.
The next item, though, is whether the invention is unobvious. That is a legal determination which is typically made by a patent examiner in the course of his/her duties. This standard may vary greatly from one person to the next, but in the end the examiner's decision is the one that counts.
So, how does a patent examiner decide what is unobvious? Easy – from a study of the relevant prior art. The examiner is normally a subject matter expert, and therefore can locate the most relevant prior art patents and publications. Even a small change may rise to the level of patentability, if there is no teaching or suggestion in the prior art to suggest that modification.
Read More >> http://internationalpatentservice.com/What-Is-Patentable.html
November 15, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Wonder what is patentable? When a good idea could becomes a valuable right? If so, read on!
The legal standards are simple to state: anything new an unobvious. But, what is new? And, what is unobvious? This is discussed as follows.
Anything “new” would include a new arrangement of old parts, an arrangement which achieves a new result, and any improvement to an existing device. These all may be deemed to be new and can therefore support a patent application. A very small improvement is still new under this standard.
Make something useful out of standard hardware items? That's ok, as long as it is new. How do you know it is new? Well, if you didn't copy it, and haven't seen one anywhere, then it could be new. A patent search might – or might not – turn up relevant prior art, so that's another way to try to guesstimate whether something is really new or not.
The next item, though, is whether the invention is unobvious. That is a legal determination which is typically made by a patent examiner in the course of his/her duties. This standard may vary greatly from one person to the next, but in the end the examiner's decision is the one that counts.
So, how does a patent examiner decide what is unobvious? Easy – from a study of the relevant prior art. The examiner is normally a subject matter expert, and therefore can locate the most relevant prior art patents and publications. Even a small change may rise to the level of patentability, if there is no teaching or suggestion in the prior art to suggest that modification.
Read More >> http://internationalpatentservice.com/What-Is-Patentable.html
Saturday, December 22, 2018
4 Legal Mistakes Often Made by Startups
By: Marcus Jensen
Starting a startup is an exciting moment in every entrepreneur’s life, but it includes a few obstacles along the way. From organizing business affairs and finalizing financial plans to finding office space and hiring competent staff – there are tons of things you have to handle before starting any actual work. However, that’s not all: some of the most serious problems include legal issues and avoiding troubles that could cost a lot and jeopardize your startup. Here are the most common legal mistakes and how to avoid them.
Pick the Proper Legal Entity
This is the first step in setting up your startup, so it’s quite important to do it correctly. The wrong legal entity will present your business to potential clients and partners in the wrong way and cause major legal problems in the years to come. So, consult a professional who can help you decide which legal entity is right for your business.
Legal entities depend on the type of company you’re running, as well as the relationship you want to build with your partners and investments. Although the classification varies from country to country, keep in mind that the most popular business structures for startups are partnerships, corporations, sole proprietorships and LLCs. All of these have pros and cons, so choose the right one if you want to stay out of financial troubles in the future.
Handle Your Co-founders
4-legal-mistakes-often-made-by-startups-3Have you seen what happened to Mark Zuckerberg in The Social Network? Unless you want your life to turn into a Hollywood movie, avoid arguments with your co-founders. Many startups are usually founded by a group of friends having the same dream and wanting to make it big in the business world, but what should you do when they become your business partners and co-founders of your startup?
The most important thing is to have mutual respect and understanding, while a written agreement never hurts. You have to specify the roles and responsibilities, both yours and theirs, as well as agree on the ownership percentage. Furthermore, define your salaries and find an exit strategy if something goes wrong. Going into business with your friends has its advantages, but only if you approach it carefully will you avoid legal problems.
Treat Your Employees Fairly
Just because your startup is small at the moment doesn’t mean it won’t grow, so you can’t always depend solely on yourself. Hiring reliable people to handle your affairs sounds hard at first, but it’s much better than doing everything alone. Once you employ them, treat your employees fairly and take care of their documentation according to the laws.
All your employees have to sign a number of documents before they start working, including the “at-will” employment offer letter, the confidential information and inventions assignment agreement, the IRS W-4 form, as well as several benefit forms. These and other documents will protect their rights as well as yours and are vital in all cases, from promotions to termination of employment. They are especially important should an accident or workplace injury occur, claims a trustworthy work injury lawyer. Finally, proper documentation will also save your company from being penalized by the external control.
Read More >> https://businesspartnermagazine.com/4-legal-mistakes-often-made-by-startups/
Starting a startup is an exciting moment in every entrepreneur’s life, but it includes a few obstacles along the way. From organizing business affairs and finalizing financial plans to finding office space and hiring competent staff – there are tons of things you have to handle before starting any actual work. However, that’s not all: some of the most serious problems include legal issues and avoiding troubles that could cost a lot and jeopardize your startup. Here are the most common legal mistakes and how to avoid them.
Pick the Proper Legal Entity
This is the first step in setting up your startup, so it’s quite important to do it correctly. The wrong legal entity will present your business to potential clients and partners in the wrong way and cause major legal problems in the years to come. So, consult a professional who can help you decide which legal entity is right for your business.
Legal entities depend on the type of company you’re running, as well as the relationship you want to build with your partners and investments. Although the classification varies from country to country, keep in mind that the most popular business structures for startups are partnerships, corporations, sole proprietorships and LLCs. All of these have pros and cons, so choose the right one if you want to stay out of financial troubles in the future.
Handle Your Co-founders
4-legal-mistakes-often-made-by-startups-3Have you seen what happened to Mark Zuckerberg in The Social Network? Unless you want your life to turn into a Hollywood movie, avoid arguments with your co-founders. Many startups are usually founded by a group of friends having the same dream and wanting to make it big in the business world, but what should you do when they become your business partners and co-founders of your startup?
The most important thing is to have mutual respect and understanding, while a written agreement never hurts. You have to specify the roles and responsibilities, both yours and theirs, as well as agree on the ownership percentage. Furthermore, define your salaries and find an exit strategy if something goes wrong. Going into business with your friends has its advantages, but only if you approach it carefully will you avoid legal problems.
Treat Your Employees Fairly
Just because your startup is small at the moment doesn’t mean it won’t grow, so you can’t always depend solely on yourself. Hiring reliable people to handle your affairs sounds hard at first, but it’s much better than doing everything alone. Once you employ them, treat your employees fairly and take care of their documentation according to the laws.
All your employees have to sign a number of documents before they start working, including the “at-will” employment offer letter, the confidential information and inventions assignment agreement, the IRS W-4 form, as well as several benefit forms. These and other documents will protect their rights as well as yours and are vital in all cases, from promotions to termination of employment. They are especially important should an accident or workplace injury occur, claims a trustworthy work injury lawyer. Finally, proper documentation will also save your company from being penalized by the external control.
Read More >> https://businesspartnermagazine.com/4-legal-mistakes-often-made-by-startups/
Thursday, December 20, 2018
Patent Mistakes Commonly Made By DIY Inventors
By: Michael J Foycik Jr.
October 24, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
There are some very common mistakes made by do-it-yourself (DIY) inventors when it comes to patenting. There are two main patent types, Provisional Patent Applications (PPAs) and Utility Patent Applications.
The worst mistake: trying to hide the invention. This happens when inventors recite all the advantages and benefits, but do not show enough structure to support those functions. The rejection that occurs in those situations is an “insufficient disclosure” rejection, and it is a serious matter in the patent world.
Drawings: color drawings are a mistake. Only black-and-white line drawings are accepted, except under relatively rare conditions such as a biological micrograph.
Also a mistake: drawings without proper margins of one inch at the top and left, 5/8 inch on the right, and 3/8 at the bottom.
Another mistake is failing to show enough features in the drawings. Many inventors seem to think one or two good drawings are enough. Many times it is necessary to have cross sections shown, enlarged detail views, and diagrams showing a change in position or condition. Also, front views of mechanical systems are often not enough. Other views may well be necessary: side, rear, bottom, perspective, and assembly drawings all find good use in patent drawings.
Read More >> http://internationalpatentservice.com/Patent-Mistakes-Commonly-Made.html
October 24, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
There are some very common mistakes made by do-it-yourself (DIY) inventors when it comes to patenting. There are two main patent types, Provisional Patent Applications (PPAs) and Utility Patent Applications.
The worst mistake: trying to hide the invention. This happens when inventors recite all the advantages and benefits, but do not show enough structure to support those functions. The rejection that occurs in those situations is an “insufficient disclosure” rejection, and it is a serious matter in the patent world.
Drawings: color drawings are a mistake. Only black-and-white line drawings are accepted, except under relatively rare conditions such as a biological micrograph.
Also a mistake: drawings without proper margins of one inch at the top and left, 5/8 inch on the right, and 3/8 at the bottom.
Another mistake is failing to show enough features in the drawings. Many inventors seem to think one or two good drawings are enough. Many times it is necessary to have cross sections shown, enlarged detail views, and diagrams showing a change in position or condition. Also, front views of mechanical systems are often not enough. Other views may well be necessary: side, rear, bottom, perspective, and assembly drawings all find good use in patent drawings.
Read More >> http://internationalpatentservice.com/Patent-Mistakes-Commonly-Made.html
Wednesday, December 19, 2018
Trademarks, Patents and Copyrights, Oh My! What's the Difference?
By: Adam C. Uzialko
Intellectual property might seem esoteric, but it's important to protect it like you would any other asset. To do so, you'll need to understand some basics about intellectual property rights first.
Two of the most common forms of intellectual property protections are the copyright and the trademark. While the two are often confused, they protect very different types of intellectual property. Learning the differences, and how you can use both to protect your own creative output, is essential to securing your assets.
What is a copyright?
The U.S. Copyright Office of the Library of Congress defines a copyright as "a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression." What exactly does that mean?
A copyright extends to any type of creative product that you've put down on paper, in design, or elsewhere. In fact, a copyright exists from the moment your work is created, whether you register with the U.S. Copyright Office or not. However, for it to hold up in court, registration is a good idea.
"You must register your copyright if you want to sue for copyright infringement," said Ruth Carter, owner and attorney at Carter Law Firm. "I also recommend registering your copyright if you plan to license your work."
Although your work is technically copyrighted at the time of creation, registering it with the federal government is what grants federal protection to your intellectual property. Otherwise, you cannot bring a lawsuit against another party for copyright infringement.
How to register your copyright
Once obtained, a copyright protects works, including literature, drama, music, poetry, novels, movies, songs, software and architecture. If you are concerned that any of these will be used for profit without your consent, you should consider registering them with the U.S. Copyright Office.
"The process to register a copyright requires submitting an application to the U.S. Copyright Office and paying a fee, which you can do online," Carter said.
Beyond the ability to sue for copyright infringement, registering your copyright within five years of the work's publication grants it prima facie status in court. Literally meaning "based on the first impression," this Latin phrase means your copyright will be accepted as fact until proven otherwise.
Moreover, copyright protection extends to many other nations besides the U.S.; the federal government maintains copyright agreements with most other countries worldwide, which essentially state that the governments will respect each other's citizens' intellectual property.
Copyright protections expire after the author's lifetime plus 70, 95 or 120 years, depending on the nature of the work.
What is a trademark?
A trademark, as defined by the U.S. Patent and Trademark Office (USPTO), is "a word, phrase, symbol and/or design that identifies and distinguishes the source of the goods of one party from those of others." It is also sometimes known as a "service mark" when referring to a service-based business.
"Trademarks protect those things that companies use to help customers connect back to the goods or services they purchased. Things that are trademarked are indications of source," said Erin Ogden, attorney at Ogden, Glazer and Schaefer. "That can be commonly known trademarks like words (Nike), logos (the swoosh), and slogans (Just Do It). It can also be colors (pink insulation for Owens Corning), sounds (NBC chimes), shapes (the Coca-Cola bottle), [or] anything that helps a customer pick out and remember a good or service and get it again."
According to Ogden, achieving federal trademark protection allows the holder to use the trademark nationwide with the ability to sue in federal court, potentially obtaining triple damages for infringement and nationwide injunctions to halt others' use of the trademark.
Read More >> https://www.businessnewsdaily.com/10981-trademark-patent-copyright-differences.html
Intellectual property might seem esoteric, but it's important to protect it like you would any other asset. To do so, you'll need to understand some basics about intellectual property rights first.
Two of the most common forms of intellectual property protections are the copyright and the trademark. While the two are often confused, they protect very different types of intellectual property. Learning the differences, and how you can use both to protect your own creative output, is essential to securing your assets.
What is a copyright?
The U.S. Copyright Office of the Library of Congress defines a copyright as "a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression." What exactly does that mean?
A copyright extends to any type of creative product that you've put down on paper, in design, or elsewhere. In fact, a copyright exists from the moment your work is created, whether you register with the U.S. Copyright Office or not. However, for it to hold up in court, registration is a good idea.
"You must register your copyright if you want to sue for copyright infringement," said Ruth Carter, owner and attorney at Carter Law Firm. "I also recommend registering your copyright if you plan to license your work."
Although your work is technically copyrighted at the time of creation, registering it with the federal government is what grants federal protection to your intellectual property. Otherwise, you cannot bring a lawsuit against another party for copyright infringement.
How to register your copyright
Once obtained, a copyright protects works, including literature, drama, music, poetry, novels, movies, songs, software and architecture. If you are concerned that any of these will be used for profit without your consent, you should consider registering them with the U.S. Copyright Office.
"The process to register a copyright requires submitting an application to the U.S. Copyright Office and paying a fee, which you can do online," Carter said.
Beyond the ability to sue for copyright infringement, registering your copyright within five years of the work's publication grants it prima facie status in court. Literally meaning "based on the first impression," this Latin phrase means your copyright will be accepted as fact until proven otherwise.
Moreover, copyright protection extends to many other nations besides the U.S.; the federal government maintains copyright agreements with most other countries worldwide, which essentially state that the governments will respect each other's citizens' intellectual property.
Copyright protections expire after the author's lifetime plus 70, 95 or 120 years, depending on the nature of the work.
What is a trademark?
A trademark, as defined by the U.S. Patent and Trademark Office (USPTO), is "a word, phrase, symbol and/or design that identifies and distinguishes the source of the goods of one party from those of others." It is also sometimes known as a "service mark" when referring to a service-based business.
"Trademarks protect those things that companies use to help customers connect back to the goods or services they purchased. Things that are trademarked are indications of source," said Erin Ogden, attorney at Ogden, Glazer and Schaefer. "That can be commonly known trademarks like words (Nike), logos (the swoosh), and slogans (Just Do It). It can also be colors (pink insulation for Owens Corning), sounds (NBC chimes), shapes (the Coca-Cola bottle), [or] anything that helps a customer pick out and remember a good or service and get it again."
According to Ogden, achieving federal trademark protection allows the holder to use the trademark nationwide with the ability to sue in federal court, potentially obtaining triple damages for infringement and nationwide injunctions to halt others' use of the trademark.
Read More >> https://www.businessnewsdaily.com/10981-trademark-patent-copyright-differences.html
Worry - Free Foreign Patent Rights - Things You Should Know
By: Michael J Foycik Jr.
October 11, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Foreign filing – it may be one of the biggest choices facing anyone with an invention or a pending patent application. What if your invention is so successful that foreign copying becomes a problem? Here are some things you should know.
First, the right to file in foreign countries – that is, foreign priority rights – can be valuable. And not just to you, but to anyone wanting to purchase/license those rights.
Second, foreign filing is expensive. It is so expensive, many companies have to target selected countries. It would be best to file for patent protection in countries where the product is doing well.
Third, there's a way to delay your foreign filing. A US utility patent application provides a one year grace period for PCT filing (Patent Cooperation Treaty filing) as well as in most countries.
Fourth, a PCT application provides typically 30 to 32 months additional time in which to designate individual countries. Thus, the PCT application is very useful even though by itself it cannot confer specific patent rights in specific countries.
Fifth, if your product is successful, yet not so successful that you can spend freely on foreign priority rights, there is room for optimism. Many corporations would be happy to invest in a successful product in order to acquire foreign rights. Specifically, such corporations would be willing to pay the foreign patent costs in exchange for foreign marketing rights. In those situations, you'd still likley get a portion of the proceeds from foreign sales, but without the aggravation. Or, you might even consider selling the foreign rights for a lump sum.
Read More >> http://internationalpatentservice.com/Worry-Free-Foreign-Patent-Rights.html
October 11, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Foreign filing – it may be one of the biggest choices facing anyone with an invention or a pending patent application. What if your invention is so successful that foreign copying becomes a problem? Here are some things you should know.
First, the right to file in foreign countries – that is, foreign priority rights – can be valuable. And not just to you, but to anyone wanting to purchase/license those rights.
Second, foreign filing is expensive. It is so expensive, many companies have to target selected countries. It would be best to file for patent protection in countries where the product is doing well.
Third, there's a way to delay your foreign filing. A US utility patent application provides a one year grace period for PCT filing (Patent Cooperation Treaty filing) as well as in most countries.
Fourth, a PCT application provides typically 30 to 32 months additional time in which to designate individual countries. Thus, the PCT application is very useful even though by itself it cannot confer specific patent rights in specific countries.
Fifth, if your product is successful, yet not so successful that you can spend freely on foreign priority rights, there is room for optimism. Many corporations would be happy to invest in a successful product in order to acquire foreign rights. Specifically, such corporations would be willing to pay the foreign patent costs in exchange for foreign marketing rights. In those situations, you'd still likley get a portion of the proceeds from foreign sales, but without the aggravation. Or, you might even consider selling the foreign rights for a lump sum.
Read More >> http://internationalpatentservice.com/Worry-Free-Foreign-Patent-Rights.html
Tuesday, December 18, 2018
A Patent Attorney Talks About Investing
By: Michael J Foycik Jr.
October 2, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
It happens often enough – patent attorneys talk with investors for many purposes. Sometimes it is to consider the value of a patent, other times it is simply because the investor is backing a particular client or has a question about litigation.
So what happens when the investor wants to talk with the patent attorney about investing? Well, interesting stuff. Here are a few samples that may help you evaluate an investment opportunity like a professional.
Let's say there is a technical field of special interest. For example, let's say you're familiar with greeting cards, or jewelry, or party planning. Suppose there are companies capable of leading those fields, still virtually unknown to the mainstream business investor. You can locate companies leading those fields using patents as your guide.
Why so? That's easy! So many reasons! Let's start with one: patents cost real money. Any company that believes in its new product enough to spend money, may well be worth a look.
A second reason: patents reveal what's hot in an industry long before the business world catches on. This was true of every type of technology you see today, and it pays to be ahead of the curve.
A third reason: when there are many recent patents in a given field it is a reliable indicator that the field is very profitable. Yet, the products that will be sold under those patents may be months or years away. Again, it pays to be ahead of the curve.
A fourth reason: if there is a company you plan to invest in, wouldn't you like to be sure its technology will not suddenly be overtaken by otheres or even become obsolete? Sure you would! Again, looking at the recent patents in that field will tell you who the leaders are, where they're going, and if your selected company is still in the running.
A fifth reason: patents generally tell the truth (otherwise they may be voided). You'd be surprised at the things you could find out by reading patents in any given field. You can be more confident in what you are investing, if you have considered those recent patents. And, it is good to know when to flee from an investment opportunity, even one that otherwise seems enticing.
Read More >> http://internationalpatentservice.com/A-Patent-Attorney-Talks-About-Investing.html
October 2, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
It happens often enough – patent attorneys talk with investors for many purposes. Sometimes it is to consider the value of a patent, other times it is simply because the investor is backing a particular client or has a question about litigation.
So what happens when the investor wants to talk with the patent attorney about investing? Well, interesting stuff. Here are a few samples that may help you evaluate an investment opportunity like a professional.
Let's say there is a technical field of special interest. For example, let's say you're familiar with greeting cards, or jewelry, or party planning. Suppose there are companies capable of leading those fields, still virtually unknown to the mainstream business investor. You can locate companies leading those fields using patents as your guide.
Why so? That's easy! So many reasons! Let's start with one: patents cost real money. Any company that believes in its new product enough to spend money, may well be worth a look.
A second reason: patents reveal what's hot in an industry long before the business world catches on. This was true of every type of technology you see today, and it pays to be ahead of the curve.
A third reason: when there are many recent patents in a given field it is a reliable indicator that the field is very profitable. Yet, the products that will be sold under those patents may be months or years away. Again, it pays to be ahead of the curve.
A fourth reason: if there is a company you plan to invest in, wouldn't you like to be sure its technology will not suddenly be overtaken by otheres or even become obsolete? Sure you would! Again, looking at the recent patents in that field will tell you who the leaders are, where they're going, and if your selected company is still in the running.
A fifth reason: patents generally tell the truth (otherwise they may be voided). You'd be surprised at the things you could find out by reading patents in any given field. You can be more confident in what you are investing, if you have considered those recent patents. And, it is good to know when to flee from an investment opportunity, even one that otherwise seems enticing.
Read More >> http://internationalpatentservice.com/A-Patent-Attorney-Talks-About-Investing.html
Monday, December 17, 2018
The hidden risk in the startup economy
By: FAISAL KHAN
The startup economy of today is eerily similar to the banking sector of 2007 right before the financial crisis. In testimony to Congress about the causes of that crisis, Ben Bernanke said: “The propensity for excessive risk-taking by … interconnected firms must be greatly reduced.”
We’re seeing that kind of dangerous interconnectedness again — this time in the startup sector. Slack, WeWork, even giants like Amazon are seeking to make more money faster off of other startups that are rich with cash and known for profligate spending. Startups are encouraged to go after other startups as customers, thanks to a cocktail of strategies like Lean and land-and-expand, making for an interconnected ecosystem where much of the risk is hidden.
New companies provide increasingly specialized services to each other, trying to become “monopolies” in a special niche, following the philosophy Peter Thiel laid out in Zero to One. Even more so, investment money that was once fearful of business models built selling to “SMBs” (small and medium sized businesses) — in saner times referred to as “The startup death zone” — now chases those dollars as the land of endlessly promised “growth.”
Like banking in 2007, easy money has bloated the technology sector, leading to riskier investments. Startups provide services to each other, rather than the larger market, as banks once generated massive sums on trading by swapping new financial derivatives back and forth. And the B2B market, once the darling of venture investing, has become an “S2S” model with much more limited possibilities, and perhaps larger ramifications for the economy at large..
The tyranny of small numbers
Part of the growth of the startups-chasing-startups has come from the new strategies of selling software, primarily based on the Lean methodology, which came into vogue in the early 2010s. Lean coined the acronym MVP, “Minimum Viable Product,” based on the idea that a new company should find its first customer as quickly as possible rather than waiting to build the best possible product it can.
The pursuit of a quick sale, however, often results in building for the first customer to arrive. In the enterprise space that typically means newer, smaller companies that can make purchase decisions quickly thanks to the lack of bureaucracy or controls. Selling to a Fortune 500 is a long and painful process, requiring proposals and vendor approvals. To avoid that path, companies now start catering specifically to startups from the beginning. This mentality has transformed the whole B2B model (once seen by investors as safer, and therefore more valuable, than retail) into an S2S model obsessed with Lean, MVP, and customer count. Instead of changing the world, entrepreneurs seek to make a sale to their neighbors at the local WeWork.
Read More >> https://venturebeat.com/2018/12/09/the-hidden-risk-in-the-startup-economy/
The startup economy of today is eerily similar to the banking sector of 2007 right before the financial crisis. In testimony to Congress about the causes of that crisis, Ben Bernanke said: “The propensity for excessive risk-taking by … interconnected firms must be greatly reduced.”
We’re seeing that kind of dangerous interconnectedness again — this time in the startup sector. Slack, WeWork, even giants like Amazon are seeking to make more money faster off of other startups that are rich with cash and known for profligate spending. Startups are encouraged to go after other startups as customers, thanks to a cocktail of strategies like Lean and land-and-expand, making for an interconnected ecosystem where much of the risk is hidden.
New companies provide increasingly specialized services to each other, trying to become “monopolies” in a special niche, following the philosophy Peter Thiel laid out in Zero to One. Even more so, investment money that was once fearful of business models built selling to “SMBs” (small and medium sized businesses) — in saner times referred to as “The startup death zone” — now chases those dollars as the land of endlessly promised “growth.”
Like banking in 2007, easy money has bloated the technology sector, leading to riskier investments. Startups provide services to each other, rather than the larger market, as banks once generated massive sums on trading by swapping new financial derivatives back and forth. And the B2B market, once the darling of venture investing, has become an “S2S” model with much more limited possibilities, and perhaps larger ramifications for the economy at large..
The tyranny of small numbers
Part of the growth of the startups-chasing-startups has come from the new strategies of selling software, primarily based on the Lean methodology, which came into vogue in the early 2010s. Lean coined the acronym MVP, “Minimum Viable Product,” based on the idea that a new company should find its first customer as quickly as possible rather than waiting to build the best possible product it can.
The pursuit of a quick sale, however, often results in building for the first customer to arrive. In the enterprise space that typically means newer, smaller companies that can make purchase decisions quickly thanks to the lack of bureaucracy or controls. Selling to a Fortune 500 is a long and painful process, requiring proposals and vendor approvals. To avoid that path, companies now start catering specifically to startups from the beginning. This mentality has transformed the whole B2B model (once seen by investors as safer, and therefore more valuable, than retail) into an S2S model obsessed with Lean, MVP, and customer count. Instead of changing the world, entrepreneurs seek to make a sale to their neighbors at the local WeWork.
Read More >> https://venturebeat.com/2018/12/09/the-hidden-risk-in-the-startup-economy/
Selling Your Patent – How Much You Can Expect
By: Michael J Foycik Jr.
Septemper 25, 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.
Many inventors have profited from selling their patents. So how much do they get? The answers are surprising, or at least they surprised me.
Having talked with many inventors, and also having talked with many corporate patent departments, I've heard many examples. Let me give you a few general examples, based on published accounts and interviews with public speakers.
Assuming the inventor has an issued patent for an article and has sold that article through at least one retail store, there will almost certainly be corporate interest. Vendors often report new products they see when visiting retail stores, which accounts for the corporate interest. If the corporation makes an offer, it will typically be anywhere from $50 thousand to $8 million, and can be higher.
On the other hand, an inventor trying to simply market an issued patent to corporations, is likely to get anywhere from $5,000 to $35,000. This does not take into account the likelihood of a corporation making an offer. Some inventors hire a marketing service to try to interest companies; such marketing companies usually keep statistics on their success rate, which varies. I recommend that anyone considering such companies first check out their success rates.
Or, if going through a television marketing company, the numbers are different. If that company is of the type that develops and makes the products based on your patent, they may prefer to license the patent rather than buy it. The royalty rate in such a case might be $2 million per year guaranteed plus a bonus based on sales. Such agreements may be for two years, and can be longer. This all varies, of course, depending on the specific company and the nature of the product.
Read More >> http://internationalpatentservice.com/Selling-Your-Patent-How-Much-You-Can-Expect.html
Septemper 25, 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.
Many inventors have profited from selling their patents. So how much do they get? The answers are surprising, or at least they surprised me.
Having talked with many inventors, and also having talked with many corporate patent departments, I've heard many examples. Let me give you a few general examples, based on published accounts and interviews with public speakers.
Assuming the inventor has an issued patent for an article and has sold that article through at least one retail store, there will almost certainly be corporate interest. Vendors often report new products they see when visiting retail stores, which accounts for the corporate interest. If the corporation makes an offer, it will typically be anywhere from $50 thousand to $8 million, and can be higher.
On the other hand, an inventor trying to simply market an issued patent to corporations, is likely to get anywhere from $5,000 to $35,000. This does not take into account the likelihood of a corporation making an offer. Some inventors hire a marketing service to try to interest companies; such marketing companies usually keep statistics on their success rate, which varies. I recommend that anyone considering such companies first check out their success rates.
Or, if going through a television marketing company, the numbers are different. If that company is of the type that develops and makes the products based on your patent, they may prefer to license the patent rather than buy it. The royalty rate in such a case might be $2 million per year guaranteed plus a bonus based on sales. Such agreements may be for two years, and can be longer. This all varies, of course, depending on the specific company and the nature of the product.
Read More >> http://internationalpatentservice.com/Selling-Your-Patent-How-Much-You-Can-Expect.html
Sunday, December 16, 2018
PATENT AND INTELLECTUAL PROPERTY PROTECTION FOR STARTUPS
By: Dominic Higgins
An invention with great commercial potential; a catchy business name; artworks and innovative designs. Intellectual property is the most important asset of many start-ups. Failing to protect it legally could result in your business being ruined if someone steals your idea. Here is a summary of the main forms of intellectual property protection in the UK.
Patents
Patents protect inventions. To be eligible for a patent, the idea must be genuinely inventive and capable of industrial application. You apply for a patent to the UK Intellectual Property Office or the European Patents Office (which gives protection throughout the EU). Unfortunately, the application process is very slow and can take two to four years in the UK and longer for an EU patent. Once a patent is granted you have the exclusive right to product and sell the invention for 20 years. You can sell, license or even mortgage your patent.
Designs
A registered design relates to the visual appearance of a product. Designs can be registered for objects as well as two-dimensional things like patterns and graphic symbols. To register a design it must be new and have “individual character”. Applications can be made via the UK Intellectual Property Office or the European Trademarks and Design Registry and, once granted give you monopoly rights over the use of the design for 25 years (subject to renewal every five years).
Copyright
Copyright protects original creative works like writing, songs, photos, graphics and source code. Owners of copyright can prevent others using their work without permission. You do not need to apply for copyright as it is automatically assigned to the creator of the work (or their employer if created in the course of employment). However, to enforce your copyright you need to prove that you were the first to have the idea. There is no guaranteed effective way to prove copyright but examples include using copies of web pages saved by Google cache or the web archive, or asking a solicitor to keep a record of the date the work was created.
Also, you can register your copyright in the appropriate jurisdiction. In this case, you will get a certificate of registration that proves that your creation is protected by copyright and confirms your ownership.
To prepare and file applications for copyright registration you should consult lawyers that provide copyright services in your local jurisdiction, especially if you are doing business in countries that are not signatories to the Berne Convention.
Trademarks
Trademarks prevent other businesses “piggybacking” on your brand to poach customers or damage your reputation. Representations of a brand including the name, slogans, jingles and logos can be protected under the Trademarks Act 1994. Trademarks can be applied for from the UK Intellectual Property Office. And you can protect your brand at a European Level through the Community Trademark. You can prevent other businesses using something resembling your trademark to sell similar goods and services if this would be likely to confuse the public into thinking they were you. It is important to remember that the trademark and website domain name registration processes are separate; registering a trademark does not give you the right to the domain names containing your brand name.
Read More >> http://thestartupmag.com/patent-intellectual-property-protection-startups/
An invention with great commercial potential; a catchy business name; artworks and innovative designs. Intellectual property is the most important asset of many start-ups. Failing to protect it legally could result in your business being ruined if someone steals your idea. Here is a summary of the main forms of intellectual property protection in the UK.
Patents
Patents protect inventions. To be eligible for a patent, the idea must be genuinely inventive and capable of industrial application. You apply for a patent to the UK Intellectual Property Office or the European Patents Office (which gives protection throughout the EU). Unfortunately, the application process is very slow and can take two to four years in the UK and longer for an EU patent. Once a patent is granted you have the exclusive right to product and sell the invention for 20 years. You can sell, license or even mortgage your patent.
Designs
A registered design relates to the visual appearance of a product. Designs can be registered for objects as well as two-dimensional things like patterns and graphic symbols. To register a design it must be new and have “individual character”. Applications can be made via the UK Intellectual Property Office or the European Trademarks and Design Registry and, once granted give you monopoly rights over the use of the design for 25 years (subject to renewal every five years).
Copyright
Copyright protects original creative works like writing, songs, photos, graphics and source code. Owners of copyright can prevent others using their work without permission. You do not need to apply for copyright as it is automatically assigned to the creator of the work (or their employer if created in the course of employment). However, to enforce your copyright you need to prove that you were the first to have the idea. There is no guaranteed effective way to prove copyright but examples include using copies of web pages saved by Google cache or the web archive, or asking a solicitor to keep a record of the date the work was created.
Also, you can register your copyright in the appropriate jurisdiction. In this case, you will get a certificate of registration that proves that your creation is protected by copyright and confirms your ownership.
To prepare and file applications for copyright registration you should consult lawyers that provide copyright services in your local jurisdiction, especially if you are doing business in countries that are not signatories to the Berne Convention.
Trademarks
Trademarks prevent other businesses “piggybacking” on your brand to poach customers or damage your reputation. Representations of a brand including the name, slogans, jingles and logos can be protected under the Trademarks Act 1994. Trademarks can be applied for from the UK Intellectual Property Office. And you can protect your brand at a European Level through the Community Trademark. You can prevent other businesses using something resembling your trademark to sell similar goods and services if this would be likely to confuse the public into thinking they were you. It is important to remember that the trademark and website domain name registration processes are separate; registering a trademark does not give you the right to the domain names containing your brand name.
Read More >> http://thestartupmag.com/patent-intellectual-property-protection-startups/
Saturday, December 15, 2018
Yes, You Can (Quickly) Invent Something Great!
By: Michael J Foycik Jr.
September 16, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Need a great new product really fast? Something unique, special, and with chances to succeed? Then keep reading!
There is a vast treasure trove of great ideas and many proven successes which lack one thing: an update to modern technology and/or modern materials. Sometimes their features weren't practical, or the right materials didn't exist, or the sensors weren't cheap enough, or the motors weren't strong enough. Games or toys might not have been accessible to the average person, but would be with an electronic update.
So, where can we find this treasure trove? How can we use it? Easy! Find expired patents using an online search by class/subclass using the patent office web site. Example: for toys, the Class is 446. Subclasses are by topic, for example 446/15 is for toys with soap bubbles. There are many unusual and exciting categories – you'll be amazed by what you see! Other classes are equally amazing.
You want to steps? Easy - go to the US Patent Office official site (www.uspto.gov). Click patents, which brings up a listing. Click the third item down, Classification. The topic you'll want for an index (i.e., word) search is “search USPC index schedule and definitions.” The topic for a classification search is on the right hand side about a fourth of the way down called “browse listing of USPC Class numbers and titles.”
Now, on to the actual search steps: on that site, click “search for patents” in uppermost right side of page. It is in the light text just above the box “Search our site”. In the blue text on the right half of the page, click on either the top link (USPTO full text and image database) or on the second link down (USPTO Patent Application full text and image database) depending on which type you want.
Choose a search option. The “Quick search” is the top option and always works well, but for a Class/subclass search you'll need to use the advanced search option (i.e., the second one down). In the box that appears, type ccl/class/subclass, and click search. For example, to find the above-noted soap bubble category, you'd type ccl/446/15 and click search. A listing of all patents in that category will appear.
Read More >> http://internationalpatentservice.com/Yes-You-Can-Invent-Something-Great.html
September 16, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Need a great new product really fast? Something unique, special, and with chances to succeed? Then keep reading!
There is a vast treasure trove of great ideas and many proven successes which lack one thing: an update to modern technology and/or modern materials. Sometimes their features weren't practical, or the right materials didn't exist, or the sensors weren't cheap enough, or the motors weren't strong enough. Games or toys might not have been accessible to the average person, but would be with an electronic update.
So, where can we find this treasure trove? How can we use it? Easy! Find expired patents using an online search by class/subclass using the patent office web site. Example: for toys, the Class is 446. Subclasses are by topic, for example 446/15 is for toys with soap bubbles. There are many unusual and exciting categories – you'll be amazed by what you see! Other classes are equally amazing.
You want to steps? Easy - go to the US Patent Office official site (www.uspto.gov). Click patents, which brings up a listing. Click the third item down, Classification. The topic you'll want for an index (i.e., word) search is “search USPC index schedule and definitions.” The topic for a classification search is on the right hand side about a fourth of the way down called “browse listing of USPC Class numbers and titles.”
Now, on to the actual search steps: on that site, click “search for patents” in uppermost right side of page. It is in the light text just above the box “Search our site”. In the blue text on the right half of the page, click on either the top link (USPTO full text and image database) or on the second link down (USPTO Patent Application full text and image database) depending on which type you want.
Choose a search option. The “Quick search” is the top option and always works well, but for a Class/subclass search you'll need to use the advanced search option (i.e., the second one down). In the box that appears, type ccl/class/subclass, and click search. For example, to find the above-noted soap bubble category, you'd type ccl/446/15 and click search. A listing of all patents in that category will appear.
Read More >> http://internationalpatentservice.com/Yes-You-Can-Invent-Something-Great.html
Thursday, December 13, 2018
Why IP Protection is Important for Every Start-up
By: Manoj K Singh & Aayush
A start-up is a new business venture that aims to meet a marketplace’s need, want or solve problems by developing a viable business model around products, services, processes or platform. It goes without saying that almost every tech start-up has an idea that’s probably worth protecting. An idea is nothing but an intellectual property (IP). An idea can take form of codes, algorithms, research findings etc. A start-up that relies on IPR must ensure that their IP is fairly protected. Unfortunately, this area remains neglected in the race of giving best products or services to satisfy clients. As a result, an IP on which a start-up actually relies is not sustained longer. The question looms that “do they really know about the legal rights while protecting IP?”
It is important for start-ups to secure all their legal aspects and have a clear vision on how to proceed with their idea. For example, as soon as you find a perfect name for your business, you need to protect it using a trademark, thereby preventing its usage by others. Understanding legal rights would help start-ups avoid IP disputes which can incur hefty fine, litigation cost or even closure. The most important IP rights under which a start-up could protect its intangible assets and amass financial benefit from their usage are patents, trademarks and designs. Patent is considered ‘the gold standard’ of IP protection and can act as a ring fencing that introduces a new way of doing something. It is the most effective way of encouraging constant innovation and improvement of products, processes, and services to ensure innovators get due credit for their work. Trademarks, on the other hand, are distinctive signs to identify particular services and goods.
Words, phrases, numbers, logos, designs, 3D shapes can all become registered trademarks. The idea is that through trademark one can express the quality, history, individuality of their work under a legally registered mark, which sets their work apart from competitors. Designs can protect the aesthetic aspects of a product. The protection covers aesthetic aspects only and takes no account of functionality or features of the items.
As a part of Start-up India initiative, the government envisaged a scheme in January 2016, for protection of innovative ideas. In this scheme, a start-up has been provided 50-80 percent reduction in the official fees, expedite examination procedure for early disposal of application and assistance from registered facilitators without any charges.
Most start-ups have informal working atmosphere since they majorly constitutes friends, colleagues and relatives. Such start-ups may face problems in the long run especially if certain formal requirements are not fulfilled. Legal agreements in the form of non-disclosure agreements, among the founders, employees and vendors are extremely important in order to protect the intangible assets of an organization from infringement and to protect trade secret. During commercialization, a start-up should always keep in mind the disclosure of the inventive product or process before the registration because IP rights would be of no use without prior disclosure. Accordingly, founders must take expert opinions regarding product commercialisation and process disclosure before patenting or applying for industrial design. Once these aspects have been strategized, and required measures are taken, the product may be launched into the public domain.
Another aspect which is of utmost importance for any start-up is ‘thorough analysis’ or prior search before commencing an idea. This is important since your idea or innovation might be stale and someone might have already filed for its protection. So a thorough research is important to ensure no infringement activity is done on other’s IP rights. Taking an assistance from IP Attorney would be beneficial in this case. Further, a start-up should decide with proper agreements being framed while using IP of any third party or obtaining a license thereof. The agreement must include description of the licensed product or process, distribution of royalties and nature of license (partial or complete). In case of infringement or passing off, a start-up may approach the IP authorities.
IP is an interesting area of law and is extremely relevant for start-ups and entrepreneurs. Knowing just the benefits of IP are not enough, start-ups also need to know their legal rights, since a small mistake might end up costing them millions.
Source >> https://www.entrepreneur.com/article/322068
A start-up is a new business venture that aims to meet a marketplace’s need, want or solve problems by developing a viable business model around products, services, processes or platform. It goes without saying that almost every tech start-up has an idea that’s probably worth protecting. An idea is nothing but an intellectual property (IP). An idea can take form of codes, algorithms, research findings etc. A start-up that relies on IPR must ensure that their IP is fairly protected. Unfortunately, this area remains neglected in the race of giving best products or services to satisfy clients. As a result, an IP on which a start-up actually relies is not sustained longer. The question looms that “do they really know about the legal rights while protecting IP?”
It is important for start-ups to secure all their legal aspects and have a clear vision on how to proceed with their idea. For example, as soon as you find a perfect name for your business, you need to protect it using a trademark, thereby preventing its usage by others. Understanding legal rights would help start-ups avoid IP disputes which can incur hefty fine, litigation cost or even closure. The most important IP rights under which a start-up could protect its intangible assets and amass financial benefit from their usage are patents, trademarks and designs. Patent is considered ‘the gold standard’ of IP protection and can act as a ring fencing that introduces a new way of doing something. It is the most effective way of encouraging constant innovation and improvement of products, processes, and services to ensure innovators get due credit for their work. Trademarks, on the other hand, are distinctive signs to identify particular services and goods.
Words, phrases, numbers, logos, designs, 3D shapes can all become registered trademarks. The idea is that through trademark one can express the quality, history, individuality of their work under a legally registered mark, which sets their work apart from competitors. Designs can protect the aesthetic aspects of a product. The protection covers aesthetic aspects only and takes no account of functionality or features of the items.
As a part of Start-up India initiative, the government envisaged a scheme in January 2016, for protection of innovative ideas. In this scheme, a start-up has been provided 50-80 percent reduction in the official fees, expedite examination procedure for early disposal of application and assistance from registered facilitators without any charges.
Most start-ups have informal working atmosphere since they majorly constitutes friends, colleagues and relatives. Such start-ups may face problems in the long run especially if certain formal requirements are not fulfilled. Legal agreements in the form of non-disclosure agreements, among the founders, employees and vendors are extremely important in order to protect the intangible assets of an organization from infringement and to protect trade secret. During commercialization, a start-up should always keep in mind the disclosure of the inventive product or process before the registration because IP rights would be of no use without prior disclosure. Accordingly, founders must take expert opinions regarding product commercialisation and process disclosure before patenting or applying for industrial design. Once these aspects have been strategized, and required measures are taken, the product may be launched into the public domain.
Another aspect which is of utmost importance for any start-up is ‘thorough analysis’ or prior search before commencing an idea. This is important since your idea or innovation might be stale and someone might have already filed for its protection. So a thorough research is important to ensure no infringement activity is done on other’s IP rights. Taking an assistance from IP Attorney would be beneficial in this case. Further, a start-up should decide with proper agreements being framed while using IP of any third party or obtaining a license thereof. The agreement must include description of the licensed product or process, distribution of royalties and nature of license (partial or complete). In case of infringement or passing off, a start-up may approach the IP authorities.
IP is an interesting area of law and is extremely relevant for start-ups and entrepreneurs. Knowing just the benefits of IP are not enough, start-ups also need to know their legal rights, since a small mistake might end up costing them millions.
Source >> https://www.entrepreneur.com/article/322068
Wednesday, December 12, 2018
Let's Sue That Trademark Infringer – Or Maybe Not!
By: Michael J Foycik Jr.
August 23, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Someone is infringing your trademark. Now you want to rush out and sue them! Let's stop and talk about that for a minute.
Let's just mention that there can be a number of defenses to a trademark lawsuit. Such defenses depend on the answers to the following (and possibly other) questions, such as: Was the infringer actually the first to use it? Can your trademark registration be challenged, or is it incontestible? Were you actually damaged? Is the alleged infringer's trademark really close enough to your trademark? Is the whole trademark infringed, or just part of it? Is your trademark a “word” mark or a logo (picture) mark?
Now let's say there are no defenses to the lawsuit, and victory is absolutely certain. This is very hypothetical, of course, since there is always some uncertainly. But, assuming this perfect situation, should you still go ahead and sue? The answer may be “no” for a number of reasons!
So don't sue? Why not? Well, for starters, if the infringement was not“intentional” (within the legal meaning of that term), then it can be very difficult to obtain meaningful damages. That's right, you can win the lawsuit and yet get little or no cash. The most common result of a successful trademark infringement lawsuit is an injunction – an order to stop the infringement. Even worse, the injunction sometimes gives the infringer ample time to use up their stock of infringing goods.
Read More >> http://internationalpatentservice.com/Lets-Sue-That-Trademark-Infringer.html
August 23, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Someone is infringing your trademark. Now you want to rush out and sue them! Let's stop and talk about that for a minute.
Let's just mention that there can be a number of defenses to a trademark lawsuit. Such defenses depend on the answers to the following (and possibly other) questions, such as: Was the infringer actually the first to use it? Can your trademark registration be challenged, or is it incontestible? Were you actually damaged? Is the alleged infringer's trademark really close enough to your trademark? Is the whole trademark infringed, or just part of it? Is your trademark a “word” mark or a logo (picture) mark?
Now let's say there are no defenses to the lawsuit, and victory is absolutely certain. This is very hypothetical, of course, since there is always some uncertainly. But, assuming this perfect situation, should you still go ahead and sue? The answer may be “no” for a number of reasons!
So don't sue? Why not? Well, for starters, if the infringement was not“intentional” (within the legal meaning of that term), then it can be very difficult to obtain meaningful damages. That's right, you can win the lawsuit and yet get little or no cash. The most common result of a successful trademark infringement lawsuit is an injunction – an order to stop the infringement. Even worse, the injunction sometimes gives the infringer ample time to use up their stock of infringing goods.
Read More >> http://internationalpatentservice.com/Lets-Sue-That-Trademark-Infringer.html
Tuesday, December 11, 2018
5 causes Why Small Business must pick For Copyright, Trademark, and Patent Protection
By: Editor
Entering on to the startup world is somewhat challenging!. You hesitate over the reality that your startup may not succeed. You stress over spending finance on your new venture. Fortunately, there are vital advances you can take which lead to a remunerating return on your new organization such as copyright, patent agreements, and trademark.
Trademark, copyrights and patent protection in India are the most critical things that new businesses regularly disregard until it’s too late. Looking into these advances should be your first step prior to taking any further action in starting a startup. You get in excessively far deeper before acknowledging you require a patent on your product or brand and afterward. Your heart sinks as you see your correct product available after as of now hiring representatives, securing office space, and contributing your life’s reserve funds.
Dealing with this trademark, copyright, and patent security legalities can be precarious, tedious, and on occasion expensive. In any case, recall, you need to burn through cash to profit, be effective, and avoid court! Along these lines, however, these procedures may make you need to surrender through and through, recall that your startup will be increasingly steady once you have taken these steps and realized why they are so basic. Before you make a beeline to secure your small business with any of these, let’s know about the fundamental aspects first.
Copyright
Did you realize that anything you compose, draw, or snap a picture of quickly has a copyright? Without any procedures fundamental, the work is essentially simply yours. It is greatly savvy, in any case, to enlist your work for copyright protection in spite of the law as of now in the presence. If somebody somehow happened to move you and say that your work is theirs, having registered proof would be unmistakable proof and enough to effectively use. Copyrights guarantee that your work is your “intellectual property.”
Trademark
Trademarks help explicitly to ensure your start-up’s logos and mottos. Like with copyrights, trademarking the words and images that speak to your organization is a wise choice that will be gainful later on if encroachment cases emerge. Jumping on trademarking ought to be done sooner than later, be that as it may, thinking of it as can take up to a year to get your registration endorsed. This will, in general, be the place new businesses kept running into an inconvenience since they hurry into the procedure without doing research so as to save time and money
Many startups don’t give a ton of idea to trademarking at first and trademarks can be the most profitable resource in your organization.
Patent
Patents are a standout amongst the most essential assets of your organization, particularly when still in the startup platforms. Patents will, in general, be the progression in officializing a business that startup proprietors fear the most in light of the fact that the process can wind up untidy and excessive if not done effectively.
Since, you know, the fundamental aspects of the Patent, Copyrights, and Trademark – you must be serious to register your small business with one or under all of these
Here are 5 reasons why small business in India ought to choose for Copyright and Patent Protection:
Copyrighting and Patenting Prevents Theft Of The Invention:
Startups may, at first, look for an authorizing bargain or a financial specialist for an infusion of money. So as to pull in licensees and financial specialists, the technology should initially be uncovered with the goal that the potential licensee or speculator can assess the deal.
Read More >> http://www.smeventure.com/5-causes-small-business-must-pick-copyright-trademark-patent-protection/
Entering on to the startup world is somewhat challenging!. You hesitate over the reality that your startup may not succeed. You stress over spending finance on your new venture. Fortunately, there are vital advances you can take which lead to a remunerating return on your new organization such as copyright, patent agreements, and trademark.
Trademark, copyrights and patent protection in India are the most critical things that new businesses regularly disregard until it’s too late. Looking into these advances should be your first step prior to taking any further action in starting a startup. You get in excessively far deeper before acknowledging you require a patent on your product or brand and afterward. Your heart sinks as you see your correct product available after as of now hiring representatives, securing office space, and contributing your life’s reserve funds.
Dealing with this trademark, copyright, and patent security legalities can be precarious, tedious, and on occasion expensive. In any case, recall, you need to burn through cash to profit, be effective, and avoid court! Along these lines, however, these procedures may make you need to surrender through and through, recall that your startup will be increasingly steady once you have taken these steps and realized why they are so basic. Before you make a beeline to secure your small business with any of these, let’s know about the fundamental aspects first.
Copyright
Did you realize that anything you compose, draw, or snap a picture of quickly has a copyright? Without any procedures fundamental, the work is essentially simply yours. It is greatly savvy, in any case, to enlist your work for copyright protection in spite of the law as of now in the presence. If somebody somehow happened to move you and say that your work is theirs, having registered proof would be unmistakable proof and enough to effectively use. Copyrights guarantee that your work is your “intellectual property.”
Trademark
Trademarks help explicitly to ensure your start-up’s logos and mottos. Like with copyrights, trademarking the words and images that speak to your organization is a wise choice that will be gainful later on if encroachment cases emerge. Jumping on trademarking ought to be done sooner than later, be that as it may, thinking of it as can take up to a year to get your registration endorsed. This will, in general, be the place new businesses kept running into an inconvenience since they hurry into the procedure without doing research so as to save time and money
Many startups don’t give a ton of idea to trademarking at first and trademarks can be the most profitable resource in your organization.
Patent
Patents are a standout amongst the most essential assets of your organization, particularly when still in the startup platforms. Patents will, in general, be the progression in officializing a business that startup proprietors fear the most in light of the fact that the process can wind up untidy and excessive if not done effectively.
Since, you know, the fundamental aspects of the Patent, Copyrights, and Trademark – you must be serious to register your small business with one or under all of these
Here are 5 reasons why small business in India ought to choose for Copyright and Patent Protection:
Copyrighting and Patenting Prevents Theft Of The Invention:
Startups may, at first, look for an authorizing bargain or a financial specialist for an infusion of money. So as to pull in licensees and financial specialists, the technology should initially be uncovered with the goal that the potential licensee or speculator can assess the deal.
Read More >> http://www.smeventure.com/5-causes-small-business-must-pick-copyright-trademark-patent-protection/
Monday, December 10, 2018
What Does A Trademark Lawsuit Cost?
By: Michael J Foycik Jr.
August 23, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Trademark infringement is a highly charged subject, and I have seen how it affects the trademark owner. A lawsuit would seem like a wonderful solution. But, what should it cost?
Though I have heard many numbers, it is all just hearsay. Even so, it may be helpful to say it.
A very small law firm or individual attorney will often charge less than a large firm. I have heard stories wherein a plaintiff might pay somewhere between 10k and 30k, depending on if/when it settles. Higher numbers are possible when it goes to trial and there are many issues. Is this a good value? That depends – if you can only afford that much, then there's simply no choice.
A big company practically must use a large law firm for its reputation and size. There is great variation, but one should expect to pay for that large size and reputation. I have heard a number of experienced litigators say to simply add a zero to the numbers used for a small law firm. Is it worth it? That depends, but I have seen examples where it was well worth having a large firm do the litigation.
Where's that money go, anyway? Well, a portion goes to filing or answering the Complaint; attending to discovery and motions related to discovery; depositions and court reporter costs; various court hearings where attendance is required; and finally for the trial itself (if it goes that far).
If you're the plaintiff, you'll have some control over the costs. If you raise more issues, then the cost will be higher. Or, if you challenge everything using Motions, then your costs will skyrocket.
Read More >> http://internationalpatentservice.com/What-Does-A-Trademark-Lawsuit-Cost.html
August 23, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Trademark infringement is a highly charged subject, and I have seen how it affects the trademark owner. A lawsuit would seem like a wonderful solution. But, what should it cost?
Though I have heard many numbers, it is all just hearsay. Even so, it may be helpful to say it.
A very small law firm or individual attorney will often charge less than a large firm. I have heard stories wherein a plaintiff might pay somewhere between 10k and 30k, depending on if/when it settles. Higher numbers are possible when it goes to trial and there are many issues. Is this a good value? That depends – if you can only afford that much, then there's simply no choice.
A big company practically must use a large law firm for its reputation and size. There is great variation, but one should expect to pay for that large size and reputation. I have heard a number of experienced litigators say to simply add a zero to the numbers used for a small law firm. Is it worth it? That depends, but I have seen examples where it was well worth having a large firm do the litigation.
Where's that money go, anyway? Well, a portion goes to filing or answering the Complaint; attending to discovery and motions related to discovery; depositions and court reporter costs; various court hearings where attendance is required; and finally for the trial itself (if it goes that far).
If you're the plaintiff, you'll have some control over the costs. If you raise more issues, then the cost will be higher. Or, if you challenge everything using Motions, then your costs will skyrocket.
Read More >> http://internationalpatentservice.com/What-Does-A-Trademark-Lawsuit-Cost.html
Sunday, December 9, 2018
UK increases trademark applications but lags in patents activity
By: Stephanie Spicer
The UK is in the top 20 of countries filing for patent applications but this is still down on previous years at a time when, with Brexit looming, it should be forging a path.
Despite being within the top 20 countries for patent applications in 2017 the number of patent applications filed in Britain by UK resident individuals and firms has slumped by 2.6% in the past year while the number of patents in force in the UK is flat-lining, according to the latest World Intellectual Property Report 2018 from the World Intellectual Property Organisation (WIPO), the global forum for intellectual property policy, services, information and co-operation.
The report highlights that against, the backdrop of solid economic growth worldwide, global intellectual property (IP) filing activity set new records in 2017. Patent filings around the world reached 3.17 million, representing a 5.8% growth on 2016 figures. Trademark filing activity totalled 12.39 million, up 26.8% on 2016.
Mark Tighe (pictured above), chief executive officer of patent tax relief specialists Catax said: “Britain is about to fly the EU nest. What we’d all like to have seen is a set of numbers demonstrating to the world that the UK is not only open for business but continuing to punch above its weight when it comes to innovation. That’s not what we’ve got. This is a stall turn just when we needed to see the afterburners light up.
“The volume of active patents in the UK is flat-lining and that number has only held up thanks to modest growth in the number of applications from non-residents. Those resident here have actually presided over a slump in applications of 2.6%.
“The UK still has the fourth largest number of active patents but starting from a high base is no comfort when the US is posting annual growth of 5.8%. Active patents are important because firms that secure them don’t have to pay as much tax on the profits generated by their inventions.”
Francis Gurry, director general of WIPO said: “China remained the main driver of global growth in IP filings: from already high levels, patent filings in China grew by 14.2% and trademark filing activity by 55.2% making China’s shares of global patent filings and trademarks filing activity 43.6% and 46.3%, respectively. Japan (+24.2%) and the United States of America (+12.6%) also saw strong growth in trademark filing activity but for both almost no growth in patent filings. The Republic of Korea saw a decline in filing activity for patents and trademarks for the second consecutive year. Other notable trends include large increases in trademark filing activity in the Islamic Republic of Iran (+87.9%), the United Kingdom (+24.1%) and Canada (+19.5%). With regard to industrial design filing activity, the United Kingdom (+92.1%), Spain (+23.5%) and Switzerland (+17.9%) saw double-digit growth in 2017.”
Source >> https://www.growthbusiness.co.uk/uk-increases-trademark-applications-but-lags-in-patents-activity-2555648/
The UK is in the top 20 of countries filing for patent applications but this is still down on previous years at a time when, with Brexit looming, it should be forging a path.
Despite being within the top 20 countries for patent applications in 2017 the number of patent applications filed in Britain by UK resident individuals and firms has slumped by 2.6% in the past year while the number of patents in force in the UK is flat-lining, according to the latest World Intellectual Property Report 2018 from the World Intellectual Property Organisation (WIPO), the global forum for intellectual property policy, services, information and co-operation.
The report highlights that against, the backdrop of solid economic growth worldwide, global intellectual property (IP) filing activity set new records in 2017. Patent filings around the world reached 3.17 million, representing a 5.8% growth on 2016 figures. Trademark filing activity totalled 12.39 million, up 26.8% on 2016.
Mark Tighe (pictured above), chief executive officer of patent tax relief specialists Catax said: “Britain is about to fly the EU nest. What we’d all like to have seen is a set of numbers demonstrating to the world that the UK is not only open for business but continuing to punch above its weight when it comes to innovation. That’s not what we’ve got. This is a stall turn just when we needed to see the afterburners light up.
“The volume of active patents in the UK is flat-lining and that number has only held up thanks to modest growth in the number of applications from non-residents. Those resident here have actually presided over a slump in applications of 2.6%.
“The UK still has the fourth largest number of active patents but starting from a high base is no comfort when the US is posting annual growth of 5.8%. Active patents are important because firms that secure them don’t have to pay as much tax on the profits generated by their inventions.”
Francis Gurry, director general of WIPO said: “China remained the main driver of global growth in IP filings: from already high levels, patent filings in China grew by 14.2% and trademark filing activity by 55.2% making China’s shares of global patent filings and trademarks filing activity 43.6% and 46.3%, respectively. Japan (+24.2%) and the United States of America (+12.6%) also saw strong growth in trademark filing activity but for both almost no growth in patent filings. The Republic of Korea saw a decline in filing activity for patents and trademarks for the second consecutive year. Other notable trends include large increases in trademark filing activity in the Islamic Republic of Iran (+87.9%), the United Kingdom (+24.1%) and Canada (+19.5%). With regard to industrial design filing activity, the United Kingdom (+92.1%), Spain (+23.5%) and Switzerland (+17.9%) saw double-digit growth in 2017.”
Source >> https://www.growthbusiness.co.uk/uk-increases-trademark-applications-but-lags-in-patents-activity-2555648/
Saturday, December 8, 2018
Electronics Inventions Facing Patent Legal Adversity – Surprisingly Good News For Your Inventive Electronics!
By: Michael J Foycik Jr.
August 4, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
You may already know the patent hurdles facing inventions related to electonics. Over the last few years, the federal appellate courts have sharply limited what is and is not a patentable electronic invention.
At one major example, the case In re Bilski limited electronics and software claims to those that require hardware. Here's a very short listing of objections that have recently been seen: mere data-gathering is not a sufficient role for the device; the device is not truly needed to execute the invention and merely carries out the steps; and the device employs transformative steps that require no particular machine. Those are major hurdles to overcome. Yet, there are more such hurdles.
But, that's actually very good news for inventors in electronics! With fewer patents, it is easier for a new one to dominate a valuable technical area. Or, if you have a late inventive entry into a field and worry that you may be too late, an absence of patents could allow you in. And, of course, your invention may be the one to prevail, if your attorney knows what to do.
Any why is any of the above good news? Simple – most of the problems are in how the invention is being claimed, not in the invention itself. Many times, the invention itself could well be patentable, if claimed correctly. If your patent attorney knows the case law, you could do well!
Here's an example of what the knowledgeable patent attorney can put into a good claim. For a method claim using a computer or electronic hardware, the claim should recite a step of providing the computer or electronic hardware. But that's not usually enough: it also helps to add something worthwhile about the computer or electronic hardware into the preaamble of the claim.
Read More >> http://internationalpatentservice.com/Electronics-Inventions-Facing-Patent-Legal-Adversity.html
August 4, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
You may already know the patent hurdles facing inventions related to electonics. Over the last few years, the federal appellate courts have sharply limited what is and is not a patentable electronic invention.
At one major example, the case In re Bilski limited electronics and software claims to those that require hardware. Here's a very short listing of objections that have recently been seen: mere data-gathering is not a sufficient role for the device; the device is not truly needed to execute the invention and merely carries out the steps; and the device employs transformative steps that require no particular machine. Those are major hurdles to overcome. Yet, there are more such hurdles.
But, that's actually very good news for inventors in electronics! With fewer patents, it is easier for a new one to dominate a valuable technical area. Or, if you have a late inventive entry into a field and worry that you may be too late, an absence of patents could allow you in. And, of course, your invention may be the one to prevail, if your attorney knows what to do.
Any why is any of the above good news? Simple – most of the problems are in how the invention is being claimed, not in the invention itself. Many times, the invention itself could well be patentable, if claimed correctly. If your patent attorney knows the case law, you could do well!
Here's an example of what the knowledgeable patent attorney can put into a good claim. For a method claim using a computer or electronic hardware, the claim should recite a step of providing the computer or electronic hardware. But that's not usually enough: it also helps to add something worthwhile about the computer or electronic hardware into the preaamble of the claim.
Read More >> http://internationalpatentservice.com/Electronics-Inventions-Facing-Patent-Legal-Adversity.html
Thursday, December 6, 2018
What is Intellectual Property?
By: Gene Quinn
Generally speaking, “intellectual property” is probably best thought of (at least form a conceptual standpoint) as creations of the mind that are given the legal rights often associated with real or personal property. The rights that are obtained by the creator are a function of statutory law (i.e., law created by the legislature). These statutes may be federal or state laws, or in some instance both federal and state law govern various aspect of a single type of intellectual property.
The term intellectual property itself is now commonly used to refer to the bundle of rights conferred by each of the following fields of law: (1) patent law; (2) copyright law; (3) trade secret law; (4) the right of publicity; and (5) trademark and unfair competition law. Some people confuse these areas of intellectual property law, and although there may be some similarities among these kinds of intellectual property protection, they are different and serve different purposes.
What is a Patent?
Whenever you think patent you should think invention. Thus, a patent is the grant of a property right to an inventor. Patents only exist once they have been granted, and in the United States patents are issued by the U.S. Patent and Trademark Office, which is a non-commercial federal entity and one of 14 bureaus in the Department of Commerce. Before going any further it is worth pointing out that ideas are not patentable, although every invention starts out with an idea. Still, in order to be in a position where you can obtain a patent your idea must have matured into an invention. See Moving from Idea to Patent.
There are three very different kinds of patent in the United States: (1) a utility patent, which covers the functional aspects of products and processes; (2) a design patent, which covers the ornamental design of useful objects; and (3) a plant patent, which covers a new variety of living plant.
Each type of patent confers “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention into the United States. It is important to note, however, that patents do not protect ideas, but rather protect only tangible or identifiable structures and methods.
Typically when someone refers generically to “a patent” they are talking about a utility patent. In order to obtain a utility patent it is necessary to file a non-provisional patent application and go through an examination process where a patent examiner will review the application to determine what, if any, claims can be allowed. Many are probably also familiar with a provisional patent application, which can be used to establish priority and give the applicant “patent pending” status. A provisional patent application will never mature into a patent though. It is always necessary to file a non provisional patent application to obtain a patent.
Patent claims define the exclusive rights granted by the government. If it is not in a patent claim you do not have rights associated with it. If the claims are too detailed they can be easy to get around and not commercially useful. There is a lot that goes into any patent application, both from a technical and strategic standpoint.
Generally speaking the patent term for utility patents is now 20 years from the date on which the application for the patent was filed in the United States. Under some circumstances it is possible to obtain a 5 year extension to the patent grant, but this is rare, unless your invention relates to a pharmaceutical composition. It is also possible to obtain extension of patent term due to USPTO delay. Design patents, unlike utility patents, have a 14 year term from date of issuance. Historically, design patents were quite weak, but as the result of an important decision from the United States Court of Appeals for the Federal Circuit in the Fall of 2008, design patents are now much stronger and should be considered an important part of a patent portfolio when your invention relates to a product.
Read More >> http://www.ipwatchdog.com/2014/07/19/what-is-intellectual-property/id=47109/
Generally speaking, “intellectual property” is probably best thought of (at least form a conceptual standpoint) as creations of the mind that are given the legal rights often associated with real or personal property. The rights that are obtained by the creator are a function of statutory law (i.e., law created by the legislature). These statutes may be federal or state laws, or in some instance both federal and state law govern various aspect of a single type of intellectual property.
The term intellectual property itself is now commonly used to refer to the bundle of rights conferred by each of the following fields of law: (1) patent law; (2) copyright law; (3) trade secret law; (4) the right of publicity; and (5) trademark and unfair competition law. Some people confuse these areas of intellectual property law, and although there may be some similarities among these kinds of intellectual property protection, they are different and serve different purposes.
What is a Patent?
Whenever you think patent you should think invention. Thus, a patent is the grant of a property right to an inventor. Patents only exist once they have been granted, and in the United States patents are issued by the U.S. Patent and Trademark Office, which is a non-commercial federal entity and one of 14 bureaus in the Department of Commerce. Before going any further it is worth pointing out that ideas are not patentable, although every invention starts out with an idea. Still, in order to be in a position where you can obtain a patent your idea must have matured into an invention. See Moving from Idea to Patent.
There are three very different kinds of patent in the United States: (1) a utility patent, which covers the functional aspects of products and processes; (2) a design patent, which covers the ornamental design of useful objects; and (3) a plant patent, which covers a new variety of living plant.
Each type of patent confers “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention into the United States. It is important to note, however, that patents do not protect ideas, but rather protect only tangible or identifiable structures and methods.
Typically when someone refers generically to “a patent” they are talking about a utility patent. In order to obtain a utility patent it is necessary to file a non-provisional patent application and go through an examination process where a patent examiner will review the application to determine what, if any, claims can be allowed. Many are probably also familiar with a provisional patent application, which can be used to establish priority and give the applicant “patent pending” status. A provisional patent application will never mature into a patent though. It is always necessary to file a non provisional patent application to obtain a patent.
Patent claims define the exclusive rights granted by the government. If it is not in a patent claim you do not have rights associated with it. If the claims are too detailed they can be easy to get around and not commercially useful. There is a lot that goes into any patent application, both from a technical and strategic standpoint.
Generally speaking the patent term for utility patents is now 20 years from the date on which the application for the patent was filed in the United States. Under some circumstances it is possible to obtain a 5 year extension to the patent grant, but this is rare, unless your invention relates to a pharmaceutical composition. It is also possible to obtain extension of patent term due to USPTO delay. Design patents, unlike utility patents, have a 14 year term from date of issuance. Historically, design patents were quite weak, but as the result of an important decision from the United States Court of Appeals for the Federal Circuit in the Fall of 2008, design patents are now much stronger and should be considered an important part of a patent portfolio when your invention relates to a product.
Read More >> http://www.ipwatchdog.com/2014/07/19/what-is-intellectual-property/id=47109/
Wednesday, December 5, 2018
NDAs: Trick or Treat - Do They Help, and Should You Want One?
By: Michael J Foycik Jr.
June 21, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
If you're an inventor, you've probably seen an NDA (Non-Disclosure Agreement). Do NDAs really help? And, can NDAs be enforced? Is there anything tricky there? Good questions, and you might be surprised by the answers!
It would help to know that an NDA covers trade secrets. Yes, you want to show your invention to someone, and that invention is covered by a patent application. But, that means your invention is a trade secret (assuming you haven't already published it already). So, your invention can also be your trade secret.
If your invention is stolen (misappropriated), you would probably prefer tort damages, instead of contract damages or patent damages. Here's why: tort damages can be punitive in nature and can therefore be big even when the infraction is small. Contract damages tend to be limited to the provable amount of money lost (there are exceptions). Patent damages cover actual infringement situations, provide a percentage of the lost profits (as one example, and there are exceptions), and require an issued patent. Every case is different, and the above is just a rough guide – you'll need to talk with a lawyer for specific advice. Note that an NDA is a contract and often specifies the damages and the law to be applied.
Here's the tricky surprise for the unwary: An NDA on its face seems to be a way to switch from trade secret damages to contract damages. The inventor, i.e. the trade secret owner, may very well not be too happy about that. Companies that want to look at inventors' trade secrets probably should like NDAs, and that's just what we often see.
Does an NDA really take away trade secret rights? That's hard to tell exactly, as it may well depend on the specifics of the situation. One may well expect an uphill fight to get trade secret damages if an NDA is involved.
It actual practice, let's say there is a minor breach of the inventor's trade secret rights (i.e., “the idea is stolen”). Trade secret damages could be quite high, especially where intent is proven. Contract damages are often limited to the actual harm such as lost profits, or to an amount specified in the NDA.
Read More >> http://internationalpatentservice.com/Trick-or-Treat.html
June 21, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
If you're an inventor, you've probably seen an NDA (Non-Disclosure Agreement). Do NDAs really help? And, can NDAs be enforced? Is there anything tricky there? Good questions, and you might be surprised by the answers!
It would help to know that an NDA covers trade secrets. Yes, you want to show your invention to someone, and that invention is covered by a patent application. But, that means your invention is a trade secret (assuming you haven't already published it already). So, your invention can also be your trade secret.
If your invention is stolen (misappropriated), you would probably prefer tort damages, instead of contract damages or patent damages. Here's why: tort damages can be punitive in nature and can therefore be big even when the infraction is small. Contract damages tend to be limited to the provable amount of money lost (there are exceptions). Patent damages cover actual infringement situations, provide a percentage of the lost profits (as one example, and there are exceptions), and require an issued patent. Every case is different, and the above is just a rough guide – you'll need to talk with a lawyer for specific advice. Note that an NDA is a contract and often specifies the damages and the law to be applied.
Here's the tricky surprise for the unwary: An NDA on its face seems to be a way to switch from trade secret damages to contract damages. The inventor, i.e. the trade secret owner, may very well not be too happy about that. Companies that want to look at inventors' trade secrets probably should like NDAs, and that's just what we often see.
Does an NDA really take away trade secret rights? That's hard to tell exactly, as it may well depend on the specifics of the situation. One may well expect an uphill fight to get trade secret damages if an NDA is involved.
It actual practice, let's say there is a minor breach of the inventor's trade secret rights (i.e., “the idea is stolen”). Trade secret damages could be quite high, especially where intent is proven. Contract damages are often limited to the actual harm such as lost profits, or to an amount specified in the NDA.
Read More >> http://internationalpatentservice.com/Trick-or-Treat.html
Tuesday, December 4, 2018
Startup Pre-Seed Funding - 5 Steps to Successful Pre-Seed Funding
By: BRADFORD HALL
Pre-seed funding is becoming increasingly popular for entrepreneurs as investors’ expectations for emerging companies continue to rise. While all means of raising capital for your business ventures can be viable, this particular one requires a specific type of preparation to set yourself and your business up for success. Adhering to the following standards can make your startup more attractive to pre-seed investors.
1. Have a quantifiable path to profitability
The pre-seed round is set apart for many reasons, one of the most prominent being that most pre-seed stage companies are not yet profitable. This can make some investors, those who don’t specialize in one specific round, nervous. Put investors at ease by clearly outlining your business’ path to profitability.
A thoughtful plan that serves as a long-term roadmap can be more important than a shortcut. Keep your estimates attainable and concise. Don’t force investors to go hunting for the profitability statements, either. Emphasize strategy and transparency in this tactic. To win investors you need to build trust and credibility. Including this information in an executive summary and expanding upon it in financial statements is essential to achieving both trust and credibility.
2. Show proof of concept
Similar to path to profitability, proof of concept is key in winning over investors. Whatever your business has done to test your ideas, assumptions or products needs to be communicated clearly and transparently to your potential investors. Consider bringing in actual test models or results and sharing your expanded takeaways.
If your original tests led you to make changes, communicate these updates with investors. Demonstrating that your business can pivot toward a more successful offering will show investors your ingenuity and flexibility within the grand scheme of your business plan.
A caution here, proof of concept and prototypes are very different. If your business is building a product you don’t need to necessarily bring in that product, but rather find a way to demonstrate to potential investors why this product is needed in the market – what holes does it fill for users? Your proof of concept should demonstrate that your company can achieve its end goal.
3. Tout your intellectual property
In the absence of cash-on-hand or hard assets, patents and other intellectual property protections can go a long way to building credibility with investors. Demonstrating that you take your ideas seriously and work to protect them from infringement by other business entities tells investors that you are committed to your idea and willing to go through legal loopholes to protect it. Even if your patent application is pending and won’t be resolved for years, that’s still solidifies your company’s credibility and make the opportunity more investable.
Mainly, a patent lets investors know they are protected against future competitors. Even with the proper legal preparation, opportunists will still attempt to challenge it. Don’t be alarmed if you must lawyer up during a pre-seed stage. It means your idea is a good one! Plus, if your patent is challenged and you win, that IP becomes much more valuable.
Read More >> http://vc-list.com/5-steps-successful-pre-seed-funding/
Pre-seed funding is becoming increasingly popular for entrepreneurs as investors’ expectations for emerging companies continue to rise. While all means of raising capital for your business ventures can be viable, this particular one requires a specific type of preparation to set yourself and your business up for success. Adhering to the following standards can make your startup more attractive to pre-seed investors.
1. Have a quantifiable path to profitability
The pre-seed round is set apart for many reasons, one of the most prominent being that most pre-seed stage companies are not yet profitable. This can make some investors, those who don’t specialize in one specific round, nervous. Put investors at ease by clearly outlining your business’ path to profitability.
A thoughtful plan that serves as a long-term roadmap can be more important than a shortcut. Keep your estimates attainable and concise. Don’t force investors to go hunting for the profitability statements, either. Emphasize strategy and transparency in this tactic. To win investors you need to build trust and credibility. Including this information in an executive summary and expanding upon it in financial statements is essential to achieving both trust and credibility.
2. Show proof of concept
Similar to path to profitability, proof of concept is key in winning over investors. Whatever your business has done to test your ideas, assumptions or products needs to be communicated clearly and transparently to your potential investors. Consider bringing in actual test models or results and sharing your expanded takeaways.
If your original tests led you to make changes, communicate these updates with investors. Demonstrating that your business can pivot toward a more successful offering will show investors your ingenuity and flexibility within the grand scheme of your business plan.
A caution here, proof of concept and prototypes are very different. If your business is building a product you don’t need to necessarily bring in that product, but rather find a way to demonstrate to potential investors why this product is needed in the market – what holes does it fill for users? Your proof of concept should demonstrate that your company can achieve its end goal.
3. Tout your intellectual property
In the absence of cash-on-hand or hard assets, patents and other intellectual property protections can go a long way to building credibility with investors. Demonstrating that you take your ideas seriously and work to protect them from infringement by other business entities tells investors that you are committed to your idea and willing to go through legal loopholes to protect it. Even if your patent application is pending and won’t be resolved for years, that’s still solidifies your company’s credibility and make the opportunity more investable.
Mainly, a patent lets investors know they are protected against future competitors. Even with the proper legal preparation, opportunists will still attempt to challenge it. Don’t be alarmed if you must lawyer up during a pre-seed stage. It means your idea is a good one! Plus, if your patent is challenged and you win, that IP becomes much more valuable.
Read More >> http://vc-list.com/5-steps-successful-pre-seed-funding/
Sunday, December 2, 2018
Great Ways to Invent – Get Incredible Features In Your Invention
By: Michael J Foycik Jr.
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
You want your invention to become a really successful product. You want it to be patentable. But you're not sure how. No problem! Here is one of the best ways to do it.
You'll first want to find unusual new things – products or novelties in search of a use. You want really great things, the kind that will inspire your creativity: new electronics, new compounds, new physics, and novel compositions with unusual features.
Those things are easy to find in the patent category for toys and novelties, because that is the haven for inventions in search of utility. Why? Because of the US Patent requirement for utility: no utility, no patent. So, if your utility is unknown, yet the invention seems interesting in some way, the easiest utility is as a toy or amusement device.
But how can you see those things conveniently? That's so easy – use an online search by class/subclass using the patent office web site. At the US Patent Office site, do a search by Class/Subclass. For toys, the Class is 446. Subclasses are by topic, for example 446/15 is for toys with soap bubbles.
You can find a topic by an index search, or by a manual of classification search. The steps are as follows. Go to the US Patent Office official site (www.uspto.gov). Click patents, which brings up a listing. Click the third item down, Classification. The topic you'll want for an index (word) search is “search USPC index schedule and definitions”, and the topic for a classification search is on the right hand side about a fourth of the way down called “browse listing of USPC Class numbers and titles.”
Read More >> http://internationalpatentservice.com/Great-Ways-to-Invent-Get-Incredible-Features-In-Your-Invention.html
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
You want your invention to become a really successful product. You want it to be patentable. But you're not sure how. No problem! Here is one of the best ways to do it.
You'll first want to find unusual new things – products or novelties in search of a use. You want really great things, the kind that will inspire your creativity: new electronics, new compounds, new physics, and novel compositions with unusual features.
Those things are easy to find in the patent category for toys and novelties, because that is the haven for inventions in search of utility. Why? Because of the US Patent requirement for utility: no utility, no patent. So, if your utility is unknown, yet the invention seems interesting in some way, the easiest utility is as a toy or amusement device.
But how can you see those things conveniently? That's so easy – use an online search by class/subclass using the patent office web site. At the US Patent Office site, do a search by Class/Subclass. For toys, the Class is 446. Subclasses are by topic, for example 446/15 is for toys with soap bubbles.
You can find a topic by an index search, or by a manual of classification search. The steps are as follows. Go to the US Patent Office official site (www.uspto.gov). Click patents, which brings up a listing. Click the third item down, Classification. The topic you'll want for an index (word) search is “search USPC index schedule and definitions”, and the topic for a classification search is on the right hand side about a fourth of the way down called “browse listing of USPC Class numbers and titles.”
Read More >> http://internationalpatentservice.com/Great-Ways-to-Invent-Get-Incredible-Features-In-Your-Invention.html
Saturday, December 1, 2018
Kiondos, Kikoys and Shukas: Intellectual Property Protection is Everyone’s Business
By: misterNV
What does this picture have in common with a picture of Wangari Maathai in Oslo City Hall on December 10th 2004? Easy, both of them give us another example of how peculiar Kenyans are. We take for granted all the wealth and potential we have until outsiders put it up on a pedestal, then that’s when Kenyans quickly rush to claim that which is being praised or paraded as originally from Kenya.
Kenyans are not only guilty of not appreciating what they have, but of also being too generous with their precious resources. How many times have you heard of researchers from the Developed World masquerading as tourists visiting Kenya, going straight to our rural destinations, collecting samples of plant, animal or even human genes, then heading back to their laboratories in the West and developing patented products which we end up buying?
In this regard, another recurring theme is Kenyans failing to come up with new and innovative ways of utilising all those aspects of our traditional knowledge and cultural expressions that are already known to be Kenyan and thus considered to be in the public domain for purposes of intellectual property protection, including art, designs and handicrafts.
The Kiondo case:
The Kiondo was not ‘stolen’ as is widely believed. Kenyans have simply failed to commercialise the Kiondo both as a product patent or even as a design. However, even if Kenya had filed a patent in respect of the Kiondo, the life of a patent under the law is only 20 years non-renewable. After this period, the patent falls into the public domain and can be freely used, adapted and copied by others.
With both the product patent and design windows firmly shut, the only other avenue for commercializing the kiondo is through a process patent. This is what Japan is currently doing and Kenya is not. The Japanese Patent Office database currently contains patented inventions able to produce en masse industrial woven baskets, some made of fabric or paper materials. Therefore for Kenyans to utilize the kiondo, there must be more aggressive brand campaigns so that we retain that positive link of association between the baskets and Kenya.
The Kikoy case:
A few years back a UK Company had attempted to register a trademark in respect of the Kikoy. This application for trademark registration was rejected because the word ‘kikoy’ has become a generic term (in the same way as ‘Xerox” in respect of photocopying) therefore it could not be registered in respect of textile goods. However for those innovative Kenyans that have been able to use the kikoy to come up with other products, these can be protected under our law as utility models or as distinctive trademarks.
Read More >> https://diasporadical.wordpress.com/2011/06/28/kiondos-kikoys-and-shukas-intellectual-property-protection-is-everyone%E2%80%99s-business/
What does this picture have in common with a picture of Wangari Maathai in Oslo City Hall on December 10th 2004? Easy, both of them give us another example of how peculiar Kenyans are. We take for granted all the wealth and potential we have until outsiders put it up on a pedestal, then that’s when Kenyans quickly rush to claim that which is being praised or paraded as originally from Kenya.
Kenyans are not only guilty of not appreciating what they have, but of also being too generous with their precious resources. How many times have you heard of researchers from the Developed World masquerading as tourists visiting Kenya, going straight to our rural destinations, collecting samples of plant, animal or even human genes, then heading back to their laboratories in the West and developing patented products which we end up buying?
In this regard, another recurring theme is Kenyans failing to come up with new and innovative ways of utilising all those aspects of our traditional knowledge and cultural expressions that are already known to be Kenyan and thus considered to be in the public domain for purposes of intellectual property protection, including art, designs and handicrafts.
The Kiondo case:
The Kiondo was not ‘stolen’ as is widely believed. Kenyans have simply failed to commercialise the Kiondo both as a product patent or even as a design. However, even if Kenya had filed a patent in respect of the Kiondo, the life of a patent under the law is only 20 years non-renewable. After this period, the patent falls into the public domain and can be freely used, adapted and copied by others.
With both the product patent and design windows firmly shut, the only other avenue for commercializing the kiondo is through a process patent. This is what Japan is currently doing and Kenya is not. The Japanese Patent Office database currently contains patented inventions able to produce en masse industrial woven baskets, some made of fabric or paper materials. Therefore for Kenyans to utilize the kiondo, there must be more aggressive brand campaigns so that we retain that positive link of association between the baskets and Kenya.
The Kikoy case:
A few years back a UK Company had attempted to register a trademark in respect of the Kikoy. This application for trademark registration was rejected because the word ‘kikoy’ has become a generic term (in the same way as ‘Xerox” in respect of photocopying) therefore it could not be registered in respect of textile goods. However for those innovative Kenyans that have been able to use the kikoy to come up with other products, these can be protected under our law as utility models or as distinctive trademarks.
Read More >> https://diasporadical.wordpress.com/2011/06/28/kiondos-kikoys-and-shukas-intellectual-property-protection-is-everyone%E2%80%99s-business/
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