By: Michael J Foycik Jr.
January 1, 2020
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.
Read more >> http://internationalpatentservice.com/Selling-Your-Patent-How-Much-You-Can-Expect.html
Tuesday, December 31, 2019
Saturday, December 28, 2019
THIS BLOCKCHAIN-POWERED STARTUP HELPS FOUNDERS PROTECT THEIR IP AT A LOWER COST
By: Muriel Vega
Every startup begins with an idea, but what if you don’t have the $60,000 on average that it takes to file a patent on hand right now? Many founders don’t start their businesses with that kind of financial standing and choose to remain bootstrapped. So, how can you prove that you thought up that big idea before anyone else?
Intellectual property lawyer Eli Sheets built his career giving people patents and learning the industry from both the government and enterprise sides after working with several Fortune 500 companies. During that time, he learned not only how difficult it is for people to navigate the patent system, but also how expensive navigating that system can be over the life of a patent.
As blockchain began to take off, Sheets started to see how he could use it to timestamp ideas in a way that couldn’t be challenged in court.
“There’s a big hole in the evidentiary process,” Sheets tells Hypepotamus. “In litigation and for IP suits in the last half of the century, the kind of evidence that was brought in was usually hand-dated lab notebooks or notes from inside of a company to prove when something happened. But really, that wasn’t cutting it for most judges.”
Read more >> https://hypepotamus.com/companies/ideablock/
Every startup begins with an idea, but what if you don’t have the $60,000 on average that it takes to file a patent on hand right now? Many founders don’t start their businesses with that kind of financial standing and choose to remain bootstrapped. So, how can you prove that you thought up that big idea before anyone else?
Intellectual property lawyer Eli Sheets built his career giving people patents and learning the industry from both the government and enterprise sides after working with several Fortune 500 companies. During that time, he learned not only how difficult it is for people to navigate the patent system, but also how expensive navigating that system can be over the life of a patent.
As blockchain began to take off, Sheets started to see how he could use it to timestamp ideas in a way that couldn’t be challenged in court.
“There’s a big hole in the evidentiary process,” Sheets tells Hypepotamus. “In litigation and for IP suits in the last half of the century, the kind of evidence that was brought in was usually hand-dated lab notebooks or notes from inside of a company to prove when something happened. But really, that wasn’t cutting it for most judges.”
Read more >> https://hypepotamus.com/companies/ideablock/
Wednesday, December 25, 2019
Yes, You Can (Quickly) Invent Something Great!
By: Michael J Foycik Jr.
Dec 26, 2019
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.”
Read more >> http://internationalpatentservice.com/Yes-You-Can-Invent-Something-Great.html
Dec 26, 2019
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.”
Read more >> http://internationalpatentservice.com/Yes-You-Can-Invent-Something-Great.html
Tuesday, December 24, 2019
The US Patent and Trademark Office (USTPO) has published a patent application submitted by bitcoin startup Blockstream related to its work on sidechains.
By: Stan Higgins
The application, submitted on 9th May and published earlier this week, outlines “systems and methods…for transferring an asset from a parent chain to a sidechain”. It names Blockstream CEO Adam Back and Blockstream CTO Greg Maxwell (who is also a Core contributor) as inventors. Sidechains are envisioned as a way to allow the movement of digital assets from one blockchain to another, opening the door to new kinds of applications and experiments using the tech.
The application’s release comes months after the startup announced a patent pledge, saying at the time that it would make its patents and applications available under the Defensive Patent License. The application outlines how assets could be exchange between a primary blockchain and a sidechain to which it is connected, explaining:
“A simplified payment verification (SPV) proof associated with the parent chain asset may be generated. The SPV proof may include a threshold level of work. The SPV proof associated with the parent chain asset may be validated, and a sidechain asset corresponding to the parent chain asset may be generated. If no reorganization proof is detected, the sidechain asset is released.”
Read more >> https://www.coindesk.com/bitcoin-blockstream-patent-sidechains
The application, submitted on 9th May and published earlier this week, outlines “systems and methods…for transferring an asset from a parent chain to a sidechain”. It names Blockstream CEO Adam Back and Blockstream CTO Greg Maxwell (who is also a Core contributor) as inventors. Sidechains are envisioned as a way to allow the movement of digital assets from one blockchain to another, opening the door to new kinds of applications and experiments using the tech.
The application’s release comes months after the startup announced a patent pledge, saying at the time that it would make its patents and applications available under the Defensive Patent License. The application outlines how assets could be exchange between a primary blockchain and a sidechain to which it is connected, explaining:
“A simplified payment verification (SPV) proof associated with the parent chain asset may be generated. The SPV proof may include a threshold level of work. The SPV proof associated with the parent chain asset may be validated, and a sidechain asset corresponding to the parent chain asset may be generated. If no reorganization proof is detected, the sidechain asset is released.”
Read more >> https://www.coindesk.com/bitcoin-blockstream-patent-sidechains
Saturday, December 21, 2019
Let's Sue That patent Infringer - Or Maybe Not!
By: Michael J Foycik Jr.
Dec. 22, 2019
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 patent. Now you want to rush out and sue them! Let's stop and talk about that for a minute.
The best reason to wait: that infringer is promoting your product, which takes time, money and effort before it pays off. So, let them do it for a while, and then swoop in! You shouldn't wait too long, perhaps a year or two or three, although some case law suggests that you can wait six years to sue. Don't rely on that, of course - in a specific case your patent attorney should verify and recommend specific deadlines.
Let's just mention that there can be a number of defenses to a patent 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 patent be challenged? Were you actually damaged? Is the alleged infringer's device/product really close enough to your patent to infringe its claims?
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 for a small number of products, you are unlikely to get meaningfully large damages. It is very easy to spend more money that you can recover. That's right, you can win the lawsuit and yet get little or no cash.
Read more >> http://internationalpatentservice.com/Lets-Sue-That-patent-Infringer.html
Dec. 22, 2019
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 patent. Now you want to rush out and sue them! Let's stop and talk about that for a minute.
The best reason to wait: that infringer is promoting your product, which takes time, money and effort before it pays off. So, let them do it for a while, and then swoop in! You shouldn't wait too long, perhaps a year or two or three, although some case law suggests that you can wait six years to sue. Don't rely on that, of course - in a specific case your patent attorney should verify and recommend specific deadlines.
Let's just mention that there can be a number of defenses to a patent 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 patent be challenged? Were you actually damaged? Is the alleged infringer's device/product really close enough to your patent to infringe its claims?
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 for a small number of products, you are unlikely to get meaningfully large damages. It is very easy to spend more money that you can recover. That's right, you can win the lawsuit and yet get little or no cash.
Read more >> http://internationalpatentservice.com/Lets-Sue-That-patent-Infringer.html
Wednesday, December 18, 2019
Intellectual property rights explained
By: Charlie Wilson
If you have created a new device or way of operating then you are entitled to file a claim to protect your innovation. Ownership of an idea can be as important as ownership of a physical possession – particularly in financial terms – and so protecting intellectual property is a crucial step for any individual or business looking to use that idea or creation.
Intellectual property law is designed to ensure that others cannot copy or replicate your invention without facing heavy penalties. No matter what form your creation takes, you can rest assured that there is a form of IP protection to cover it, providing you can demonstrate that it meets certain criteria.
Patents, trademarks and copyrights are the most commonly occurring forms of intellectual property protection, affording peace of mind and recognition for what is broadly given the term of a “work”. Protection can be sought for almost any invention, whether it is an artistic piece (like a song, artwork, literature or game design), or a work of engineering or design.
Read more >> https://www.thelawsuperstore.co.uk/business/blog/intellectual-property-rights-explained
If you have created a new device or way of operating then you are entitled to file a claim to protect your innovation. Ownership of an idea can be as important as ownership of a physical possession – particularly in financial terms – and so protecting intellectual property is a crucial step for any individual or business looking to use that idea or creation.
Intellectual property law is designed to ensure that others cannot copy or replicate your invention without facing heavy penalties. No matter what form your creation takes, you can rest assured that there is a form of IP protection to cover it, providing you can demonstrate that it meets certain criteria.
Patents, trademarks and copyrights are the most commonly occurring forms of intellectual property protection, affording peace of mind and recognition for what is broadly given the term of a “work”. Protection can be sought for almost any invention, whether it is an artistic piece (like a song, artwork, literature or game design), or a work of engineering or design.
Read more >> https://www.thelawsuperstore.co.uk/business/blog/intellectual-property-rights-explained
Monday, December 16, 2019
What Does A Patent Lawsuit Cost ?
By: Michael J Foycik Jr.
Dec 17, 2019
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.
Patent infringement is a highly charged subject, and I have seen how it affects the patent 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 contingency attorney might take the case, but may require an ownership interest in your company of 50 percent or higher. Is it worth it? Maybe so, if that's the only way to go forward. And why the high ownership interest? Easy – to have control to ensure payment in event of a victory.
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 20k and 60k, 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.
Read more >> http://internationalpatentservice.com/What-Does-A-Patent-Lawsuit-Cost.html
Dec 17, 2019
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.
Patent infringement is a highly charged subject, and I have seen how it affects the patent 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 contingency attorney might take the case, but may require an ownership interest in your company of 50 percent or higher. Is it worth it? Maybe so, if that's the only way to go forward. And why the high ownership interest? Easy – to have control to ensure payment in event of a victory.
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 20k and 60k, 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.
Read more >> http://internationalpatentservice.com/What-Does-A-Patent-Lawsuit-Cost.html
Saturday, December 14, 2019
Why Do Startups Fail? 5 Legal Aspects Startups Overlook
By: Shrijay Sheth
Startups often find themselves reinventing the wheel when it comes to catering to different requirements from time to time. While IT and hiring are taken care of by an in-house dedicated team, often this is not the case with other departments.
Other aspects are often outsourced to professional services providers. Right from company registration to keeping books of accounts and even filing GSTR, other companies often help them focus on core aspects of their business.
Based on our experience, there are a few things that startups tend to overlook while starting out.
1. Failing to choose the right business structure
We have observed businesses struggling to choose the right business structure that fits their requirements. Each business structure has its pros and cons with a different set of legal implications involved.
There are chiefly three business structures that one can register in India.
Read more >> https://razorpay.com/learn/why-do-startups-fail-5-legal-aspects-startups-overlook/
Startups often find themselves reinventing the wheel when it comes to catering to different requirements from time to time. While IT and hiring are taken care of by an in-house dedicated team, often this is not the case with other departments.
Other aspects are often outsourced to professional services providers. Right from company registration to keeping books of accounts and even filing GSTR, other companies often help them focus on core aspects of their business.
Based on our experience, there are a few things that startups tend to overlook while starting out.
1. Failing to choose the right business structure
We have observed businesses struggling to choose the right business structure that fits their requirements. Each business structure has its pros and cons with a different set of legal implications involved.
There are chiefly three business structures that one can register in India.
Read more >> https://razorpay.com/learn/why-do-startups-fail-5-legal-aspects-startups-overlook/
Monday, December 9, 2019
Patent Application – What to Expect After You File One
By: Michael J Foycik Jr.
Dec 10, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
So you're an inventor with a patent application! What happens now that it has been filed with the US Patent Office? Here's what to expect.
First, you'll get your Official Filing Receipt – it is actually pretty important. Sure, you'll get an electronic filing receipt if you filed it online. But, that's not what matters. The Official Filing Receipt is the easiest and fastest way to get your foreign filing license. And you'll want that, if you ever intend to file in other countries and need your US priority date.
If the US Patent Office has any objections to the drawings, specification, or abstract, they'll (usually) notify you at the same time they send the Official Filing Receipt. Formal drawings are the main type of objection – you'll need those.
After a period of time, typically anywhere from six months to two years, you'll get your first Office Action. That's typically where the patent examiner reads the case, searches for the claimed invention, and applies the prior art to the claims. This is also where the examiner can make objects, for example objections to claim language, to errors in the specification or drawings, or other things.
Read more >> http://internationalpatentservice.com/What-to-Expect-After-You-File-One.html
Dec 10, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
So you're an inventor with a patent application! What happens now that it has been filed with the US Patent Office? Here's what to expect.
First, you'll get your Official Filing Receipt – it is actually pretty important. Sure, you'll get an electronic filing receipt if you filed it online. But, that's not what matters. The Official Filing Receipt is the easiest and fastest way to get your foreign filing license. And you'll want that, if you ever intend to file in other countries and need your US priority date.
If the US Patent Office has any objections to the drawings, specification, or abstract, they'll (usually) notify you at the same time they send the Official Filing Receipt. Formal drawings are the main type of objection – you'll need those.
After a period of time, typically anywhere from six months to two years, you'll get your first Office Action. That's typically where the patent examiner reads the case, searches for the claimed invention, and applies the prior art to the claims. This is also where the examiner can make objects, for example objections to claim language, to errors in the specification or drawings, or other things.
Read more >> http://internationalpatentservice.com/What-to-Expect-After-You-File-One.html
Saturday, December 7, 2019
The Strategic Effects of Trademark Protection
By: Davidson Heath and Christopher Mace
As the U.S. economy shifts toward service- and technology-based industries, firm value is increasingly accounted for by intangible capital such as intellectual property. We examine a basic class of intellectual-property assets—trademarks—and present evidence on the effects of trademark protection on firm profits and strategy. Trademarks grant the holder a monopoly over a particular brand. The efficiency rationale for trademark protection is that it incentivizes firms to invest in product quality and development. On the other hand, stronger trademark protection inevitably insulates incumbents from competition. Whether the quality-incentive or monopoly-rent effect dominates is an empirical question with significant policy implications.
To study the causal effects of varying trademark protection, we exploit the Federal Trademark Dilution Act (FTDA) of 1995, which granted additional legal protection to “famous” trademarks until its key provision was nullified in 2003 by a U.S. Supreme Court decision. We find that the act raised treated firms’ operating return on assets by an average of 1.7 percentage points, equal to 12 percent of their average pre-FTDA profits. The passage of the act was followed by a sharp increase in trademark lawsuits under the new provision and by reduced entry and turnover in affected goods and service classes, consistent with our hypothesis that the FTDA raised the expected cost of entry into affected product markets.
Read more >> https://www.cato.org/publications/research-briefs-economic-policy/strategic-effects-trademark-protection
As the U.S. economy shifts toward service- and technology-based industries, firm value is increasingly accounted for by intangible capital such as intellectual property. We examine a basic class of intellectual-property assets—trademarks—and present evidence on the effects of trademark protection on firm profits and strategy. Trademarks grant the holder a monopoly over a particular brand. The efficiency rationale for trademark protection is that it incentivizes firms to invest in product quality and development. On the other hand, stronger trademark protection inevitably insulates incumbents from competition. Whether the quality-incentive or monopoly-rent effect dominates is an empirical question with significant policy implications.
To study the causal effects of varying trademark protection, we exploit the Federal Trademark Dilution Act (FTDA) of 1995, which granted additional legal protection to “famous” trademarks until its key provision was nullified in 2003 by a U.S. Supreme Court decision. We find that the act raised treated firms’ operating return on assets by an average of 1.7 percentage points, equal to 12 percent of their average pre-FTDA profits. The passage of the act was followed by a sharp increase in trademark lawsuits under the new provision and by reduced entry and turnover in affected goods and service classes, consistent with our hypothesis that the FTDA raised the expected cost of entry into affected product markets.
Read more >> https://www.cato.org/publications/research-briefs-economic-policy/strategic-effects-trademark-protection
Thursday, December 5, 2019
Why Worry About Infringement – Things To Do First
By: Michael J Foycik Jr.
Dec 6, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
You've seen the topic of patent infringement in the news. Should you be worried? If you are, here's some things to do that should minimize your risk.
If your product needs a component that is patented, you have two options. One is to buy that component from the patent owner or from an official licensee. Why? It carries an implied license. The other option is to contact the patent owner and negotiate a license, in which case fees may be small.
What if there's nothing out there like your product, how will you know if you should worry? You can do a right-to-use patent search. This is different from a normal patentability search, because you're not worried about patentability – you're worried about infringement. In a right-to-use patent search, you will search for patents that are expired, meaning more than 17 years old. If you can find the component or feature that is of interest, then you can rely on it and have a right-to-use. For a quick and easy patent search, try going to any patent site that allows searching, such as the official uspto site or Google® patents.
Read more >> http://internationalpatentservice.com/Why-Worry-About-Infringement.html
Dec 6, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
You've seen the topic of patent infringement in the news. Should you be worried? If you are, here's some things to do that should minimize your risk.
If your product needs a component that is patented, you have two options. One is to buy that component from the patent owner or from an official licensee. Why? It carries an implied license. The other option is to contact the patent owner and negotiate a license, in which case fees may be small.
What if there's nothing out there like your product, how will you know if you should worry? You can do a right-to-use patent search. This is different from a normal patentability search, because you're not worried about patentability – you're worried about infringement. In a right-to-use patent search, you will search for patents that are expired, meaning more than 17 years old. If you can find the component or feature that is of interest, then you can rely on it and have a right-to-use. For a quick and easy patent search, try going to any patent site that allows searching, such as the official uspto site or Google® patents.
Read more >> http://internationalpatentservice.com/Why-Worry-About-Infringement.html
Monday, December 2, 2019
Cannabis Extraction Innovations as Intellectual Property
By: Caleb Summeril
Cannabis commerce has been experiencing exponential growth, and the industry it fuels continues to thrive and expand. This steady progress has led to solid profits for many companies while also driving advancements and innovations. As the industry develops, so do the technologies and processes involved throughout, and this is blazing the new horizon of cannabis extraction. Progress dictates a need for protection, and the many new advances, creations and products in the extraction space means a focus on the importance of intellectual property (IP) related to these innovations carries more magnitude than ever before.
According to the World Intellectual Property Organization, IP “refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.” In relation to the cannabis industry, this can relate to any trademark, copyright or patent which allows the creator of an innovation to collect profit and gain acknowledgement from this creation. In the extraction space specifically, IP could be a newly formed technique or tool to aid or improve a process, or other everyday business elements related to logos, trade secrets, goods and services.
Read more >> https://extractionmagazine.com/2019/11/29/cannabis-extraction-innovations-as-intellectual-property/
Cannabis commerce has been experiencing exponential growth, and the industry it fuels continues to thrive and expand. This steady progress has led to solid profits for many companies while also driving advancements and innovations. As the industry develops, so do the technologies and processes involved throughout, and this is blazing the new horizon of cannabis extraction. Progress dictates a need for protection, and the many new advances, creations and products in the extraction space means a focus on the importance of intellectual property (IP) related to these innovations carries more magnitude than ever before.
According to the World Intellectual Property Organization, IP “refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.” In relation to the cannabis industry, this can relate to any trademark, copyright or patent which allows the creator of an innovation to collect profit and gain acknowledgement from this creation. In the extraction space specifically, IP could be a newly formed technique or tool to aid or improve a process, or other everyday business elements related to logos, trade secrets, goods and services.
Read more >> https://extractionmagazine.com/2019/11/29/cannabis-extraction-innovations-as-intellectual-property/
Costly Misconceptions About Trademarks
By: Michael J Foycik Jr.
Dec.2, 2019
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.
Getting a trademark is a great idea, but things may not be that simple. There are some misconceptions that can cost time, money, or even loss of rights.
One common misconception is that a registered trademark is necessary to have enforceable trademark rights. We are all familiar with registered trademarks – the kind with the ® registration symbol. But, trademark rights normally arise from actual use, even for unregistered trademarks. State courts can enforce such rights arising from actual use, even in the absence of a federally registered trademark. No registration, no problem – sometimes.
Getting a registered trademark requires filing a trademark application. Choices need to be made right at the start: actual use or intent-to-use; type of goods/services; logo or word mark. These choices can have profound consequences. Even the U.S. Trademark Office recommends having an experienced trademark attorney help with those choices – you'll see the warning for that in the online trademark application filing forms and elsewhere.
Read more >> http://internationalpatentservice.com/Costly-Misconceptions-About-Trademarks.html
Dec.2, 2019
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.
Getting a trademark is a great idea, but things may not be that simple. There are some misconceptions that can cost time, money, or even loss of rights.
One common misconception is that a registered trademark is necessary to have enforceable trademark rights. We are all familiar with registered trademarks – the kind with the ® registration symbol. But, trademark rights normally arise from actual use, even for unregistered trademarks. State courts can enforce such rights arising from actual use, even in the absence of a federally registered trademark. No registration, no problem – sometimes.
Getting a registered trademark requires filing a trademark application. Choices need to be made right at the start: actual use or intent-to-use; type of goods/services; logo or word mark. These choices can have profound consequences. Even the U.S. Trademark Office recommends having an experienced trademark attorney help with those choices – you'll see the warning for that in the online trademark application filing forms and elsewhere.
Read more >> http://internationalpatentservice.com/Costly-Misconceptions-About-Trademarks.html
Sunday, December 1, 2019
How to Trademark and Copyright a Name or Logo
By: Anya Skrba
Just as your business has a name, it also needs to have its own recognizable logo in order to establish a visual representation of your brand. The logo needs to perfectly reflect your company’s market niche and brand personality. And it should be unique enough to differentiate the company from the competition.
Because your name and logo are part of the DNA of your brand and your business, applying for registration of the copyright and trademark of both is an important consideration.
Do You Need to Register Your Trademark and Copyright In Your Name or Logo?
You certainly don’t have to register the copyright and trademark your company’s name or logo, in the United States; you own the copyright as soon as you put the original work on a pieces of paper or computer drive, and you won a trademark as soon as you use your name and logo for marketing your business. However, taking the extra step of registering both can give you important protection. Registering the trademark protects you from losing your rights to it if some other company uses the same or a highly similar name. By registering your trademark your name, you’re declaring exclusive rights to it for your line of business. And you’re preventing someone else from using your name for own in a similar business.
Read more >> https://firstsiteguide.com/trademark-copyright/
Just as your business has a name, it also needs to have its own recognizable logo in order to establish a visual representation of your brand. The logo needs to perfectly reflect your company’s market niche and brand personality. And it should be unique enough to differentiate the company from the competition.
Because your name and logo are part of the DNA of your brand and your business, applying for registration of the copyright and trademark of both is an important consideration.
Do You Need to Register Your Trademark and Copyright In Your Name or Logo?
You certainly don’t have to register the copyright and trademark your company’s name or logo, in the United States; you own the copyright as soon as you put the original work on a pieces of paper or computer drive, and you won a trademark as soon as you use your name and logo for marketing your business. However, taking the extra step of registering both can give you important protection. Registering the trademark protects you from losing your rights to it if some other company uses the same or a highly similar name. By registering your trademark your name, you’re declaring exclusive rights to it for your line of business. And you’re preventing someone else from using your name for own in a similar business.
Read more >> https://firstsiteguide.com/trademark-copyright/
Saturday, November 30, 2019
Three Things You Should Look For In A Patent Attorney, With Handy How-To Guide
By: Michael J Foycik Jr.
Dec.1, 2019
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.
Getting a patent attorney or patent firm? Get the name of the individual attorney who will personally do the work on your case. You'll wish to know whether the patent attorney is registered; is qualified in the relevant technical arts; and has a successful track record. The following explains how.
Why do we care about this? Because once a patent application is filed, it will be examined by a patent examiner. Most applications receive an official action with some kind of rejection or objection. Many such rejections and objections can be overcome, some more easily than others. Not every patent application is allowed, and therefore the skill of the individual patent attorney comes into play. The patent attorney must be capable of making convincing legal and technical arguments in support of patentability. And, the patent attorney must be skilled at claim drafting: amending a claim skillfully may overcome a rejection or objection. Failure to skillfully respond can result in greater expense and may fail to result in obtaining an issued patent.
Read more >> http://internationalpatentservice.com/Three-Things-You-Should-Look-For-In-A-Patent-Attorney.html
Dec.1, 2019
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.
Getting a patent attorney or patent firm? Get the name of the individual attorney who will personally do the work on your case. You'll wish to know whether the patent attorney is registered; is qualified in the relevant technical arts; and has a successful track record. The following explains how.
Why do we care about this? Because once a patent application is filed, it will be examined by a patent examiner. Most applications receive an official action with some kind of rejection or objection. Many such rejections and objections can be overcome, some more easily than others. Not every patent application is allowed, and therefore the skill of the individual patent attorney comes into play. The patent attorney must be capable of making convincing legal and technical arguments in support of patentability. And, the patent attorney must be skilled at claim drafting: amending a claim skillfully may overcome a rejection or objection. Failure to skillfully respond can result in greater expense and may fail to result in obtaining an issued patent.
Read more >> http://internationalpatentservice.com/Three-Things-You-Should-Look-For-In-A-Patent-Attorney.html
Wednesday, November 27, 2019
Can cake designs result in intellectual property protection?
By: Amanda G. Ciccatelli
Cake isn’t usually a hot topic in the world of law, but at President Donald Trump’s inauguration celebrations earlier this year, cake became a huge matter of debate.
One of Trump’s cakes—created for the Salute to Our Armed Services Ball—was an almost exact copy of one made for the last Obama inauguration, which was originally created by Duff Goldman. On January 20th, he tweeted images of the two cakes, pointing out that he did not bake the cake at this year’s Trump celebrations. The very next day, Terry MacIsaac, owner of Buttercream Bakeshop, took credit for the Trump cake on Instagram, telling The Washington Post that her client on the Trump team contacted the bakery with a photo looking for a copy. The baker initially tried to encourage use of the photo as inspiration, but ended up creating replica at the client’s insistence.
Read more >> https://www.ipwatchdog.com/2017/08/08/cake-designs-intellectual-property/id=86558/
Cake isn’t usually a hot topic in the world of law, but at President Donald Trump’s inauguration celebrations earlier this year, cake became a huge matter of debate.
One of Trump’s cakes—created for the Salute to Our Armed Services Ball—was an almost exact copy of one made for the last Obama inauguration, which was originally created by Duff Goldman. On January 20th, he tweeted images of the two cakes, pointing out that he did not bake the cake at this year’s Trump celebrations. The very next day, Terry MacIsaac, owner of Buttercream Bakeshop, took credit for the Trump cake on Instagram, telling The Washington Post that her client on the Trump team contacted the bakery with a photo looking for a copy. The baker initially tried to encourage use of the photo as inspiration, but ended up creating replica at the client’s insistence.
Read more >> https://www.ipwatchdog.com/2017/08/08/cake-designs-intellectual-property/id=86558/
Get a Patent, Sue Competitors – Can it Really be that Easy?
By: Michael J Foycik Jr.
Nov.27, 2019
True, a patent confers a sort of monopoly. Also true, one of the intentions of patent law is to reward an inventor with a competitive advantage. But, exactly what does that mean, and is it that easy?
Patent rights are defined by their claims. A competitor infringes a patent if their competing product has each and every recited element of at least one claim of the patent. That competing product will still infringe if it has more elements, but not if it has fewer than recited in that claim. Sometimes, an element in a patent claim can be stretched a bit by a court of law, to cover equivalent structures. So far, so good.
But, there are defenses to allegations of patent infringement. For example, the competitor might be able to show their product is the same as that shown by an expired patent. So, expired patents can provide protection to your competitor, since once a patent expires it becomes part of the public domain. Other defenses may also arise from a competitor's own prior patent. Or, the competitor may be able to invalidate your patent, for example based on other prior art or issues of fraud. Just owning a patent might not be enough in these cases.
Let's say your competitor does infringe, has no valid defenses, and cannot invalidate your patent. Great, right? Not so fast – patent litigation costs real money, sometimes big money, so if you sue it has to be worth it. Small time infringement would likely result in very small damages, and your litigation costs could easily exceed the damages you recover. It may pay to wait until damages have mounted, or it may be necessary to simply overlook small or token infringements.
Read more >> http://internationalpatentservice.com/Get-a-Patent-Sue-Competitors.html
Nov.27, 2019
True, a patent confers a sort of monopoly. Also true, one of the intentions of patent law is to reward an inventor with a competitive advantage. But, exactly what does that mean, and is it that easy?
Patent rights are defined by their claims. A competitor infringes a patent if their competing product has each and every recited element of at least one claim of the patent. That competing product will still infringe if it has more elements, but not if it has fewer than recited in that claim. Sometimes, an element in a patent claim can be stretched a bit by a court of law, to cover equivalent structures. So far, so good.
But, there are defenses to allegations of patent infringement. For example, the competitor might be able to show their product is the same as that shown by an expired patent. So, expired patents can provide protection to your competitor, since once a patent expires it becomes part of the public domain. Other defenses may also arise from a competitor's own prior patent. Or, the competitor may be able to invalidate your patent, for example based on other prior art or issues of fraud. Just owning a patent might not be enough in these cases.
Let's say your competitor does infringe, has no valid defenses, and cannot invalidate your patent. Great, right? Not so fast – patent litigation costs real money, sometimes big money, so if you sue it has to be worth it. Small time infringement would likely result in very small damages, and your litigation costs could easily exceed the damages you recover. It may pay to wait until damages have mounted, or it may be necessary to simply overlook small or token infringements.
Read more >> http://internationalpatentservice.com/Get-a-Patent-Sue-Competitors.html
What Can be Learned From One of the Most Infamous Startup Failures: Theranos
By: Linda Kesselring
In 2015, after enjoying a few years as Silicon Valley’s most in-demand startup, Theranos, the blood-testing company named for the portmanteau of “therapeutic” and “diagnostic,” was the subject of a groundbreaking article in the Wall Street Journal. Whereas previous profiles had focused on Theranos’ promise to revolutionize healthcare, as well as the company’s eccentric founder, Elizabeth Holmes, the Journal uncovered an unsightly truth in their reporting – Theranos had never developed technology close to the level of sophistication as they claimed. Within the next two years, the company completely imploded.
Theranos’ mission originated in Holmes’ famed phobia of needles. In her early years as a Stanford undergraduate, Holmes dreamed of a device that could rapidly process any medical test from only a drop of blood. Through a committed act of sleight-of-hand, Holmes was able to obscure from both investors and the public the challenges that the development team faced. By the time Theranos had rolled out its services in 2013, it was using skeletal prototypes and hacked machines from other companies.
The Theranos story is ultimately one of fraud, deception, and overshot ambition, However, it contains many lessons applicable to any biotech startup. Thus, we consider here a couple of takeaways.
Read more >> https://scholarblogs.emory.edu/techtransfer/2019/11/what-can-be-learned-from-one-of-the-most-infamous-startup-failures-theranos/
In 2015, after enjoying a few years as Silicon Valley’s most in-demand startup, Theranos, the blood-testing company named for the portmanteau of “therapeutic” and “diagnostic,” was the subject of a groundbreaking article in the Wall Street Journal. Whereas previous profiles had focused on Theranos’ promise to revolutionize healthcare, as well as the company’s eccentric founder, Elizabeth Holmes, the Journal uncovered an unsightly truth in their reporting – Theranos had never developed technology close to the level of sophistication as they claimed. Within the next two years, the company completely imploded.
Theranos’ mission originated in Holmes’ famed phobia of needles. In her early years as a Stanford undergraduate, Holmes dreamed of a device that could rapidly process any medical test from only a drop of blood. Through a committed act of sleight-of-hand, Holmes was able to obscure from both investors and the public the challenges that the development team faced. By the time Theranos had rolled out its services in 2013, it was using skeletal prototypes and hacked machines from other companies.
The Theranos story is ultimately one of fraud, deception, and overshot ambition, However, it contains many lessons applicable to any biotech startup. Thus, we consider here a couple of takeaways.
Read more >> https://scholarblogs.emory.edu/techtransfer/2019/11/what-can-be-learned-from-one-of-the-most-infamous-startup-failures-theranos/
Tuesday, November 26, 2019
What Happens After Filing a Utility Patent Application
By: Michael J Foycik Jr.
Nov.26, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
One of the important but little-discussed subjects for inventors is what happens after filing of a Utility Patent Application. Here's a brief guide.
Initially, the US Patent Office studies the application papers for formalities. These formalities include such things as the signed forms, whether the drawings are sufficiently formal, whether specification required information is provided, and so on. If any problems are found, a Notice is sent to the applicant, and a period for response may be set for those problems that can be corrected.
The next stage is the patent examination itself. This is where the patent examiner takes up the application for study. Usually the patent examiner is an expert in the subject matter of the application. The examiner will search the prior patent art, including patent publications, to locate the most relevant references to the invention as described in the claims. The result of this will be a first Office Action, which is usually a statement of objections and rejections, but can sometimes be a first action allowance.
The applicant can respond to the first Office Action, and is normally given a set period of time to do this. The response can include changes to the specification, drawings, and/or claims. Such changes are usually to overcome objections and/or rejections, and to further emphasize the novel features of the invention. Additionally, the applicant can provide remarks in support of patentability.
Read more >> http://internationalpatentservice.com/What-Happens-After-Filing-a-Utility-Patent-Application.html
Nov.26, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
One of the important but little-discussed subjects for inventors is what happens after filing of a Utility Patent Application. Here's a brief guide.
Initially, the US Patent Office studies the application papers for formalities. These formalities include such things as the signed forms, whether the drawings are sufficiently formal, whether specification required information is provided, and so on. If any problems are found, a Notice is sent to the applicant, and a period for response may be set for those problems that can be corrected.
The next stage is the patent examination itself. This is where the patent examiner takes up the application for study. Usually the patent examiner is an expert in the subject matter of the application. The examiner will search the prior patent art, including patent publications, to locate the most relevant references to the invention as described in the claims. The result of this will be a first Office Action, which is usually a statement of objections and rejections, but can sometimes be a first action allowance.
The applicant can respond to the first Office Action, and is normally given a set period of time to do this. The response can include changes to the specification, drawings, and/or claims. Such changes are usually to overcome objections and/or rejections, and to further emphasize the novel features of the invention. Additionally, the applicant can provide remarks in support of patentability.
Read more >> http://internationalpatentservice.com/What-Happens-After-Filing-a-Utility-Patent-Application.html
In The Weeds: Key Intellectual Property Takeaways For The Cannabis Industry
By: Matthew S. Dicke
1. Patent Filings Are Rapidly Increasing
The number of patent filings at the United States Patent and Trademark Office (“PTO”) directly correlates to the rise of cannabis legalization. According to Magic Number, a data analytics company, between 2017 and 2018 the PTO issued almost 250 cannabis-related patents—more than in the previous seven years combined. These filings cover a range of inventions, including medical treatments and pharmaceutical compositions, cultivation techniques, vaporizers, and cannabis-infused products like toothpaste, coffee beans, and alcoholic drinks. With this uptick in patent filings, the volume of cannabis-specific prior art is on the rise as well. Those interested in obtaining patent protection in the cannabis industry should not fall behind their peers nor wait until the prior art field has fully developed. Early filing is critical.
2. Cannabis is Still Illegal Under Federal Law
Despite the growing number of patent filings, it is important to recognize that processing and distributing cannabis is still illegal under the federal Controlled Substance Act. Recent scholarly articles have argued that federal courts should not entertain most cannabis patent infringement suits due to illegality. Nonetheless, some courts have allowed these cases to proceed on the merits. United Cannabis Corporation v. Pure Hemp Collective Inc. is the first trial involving a cannabis patent in federal court. Specifically, the patent in dispute relates to the extraction of pharmaceutically active components from plant materials (e.g., liquid cannabinoid formula including THC). The plaintiff filed a patent infringement suit against a competitor maker of CBD products. In April 2019, a judge ruled in favor of United Cannabis Corporation by rejecting the argument that the plaintiff’s formulations are not patent eligible. Although the legal status of cannabis is not an issue in the case, it is important to remember that cannabis is not legalized at the federal level and that federal case law is still developing.
Read more >> https://www.natlawreview.com/article/weeds-key-intellectual-property-takeaways-cannabis-industry
1. Patent Filings Are Rapidly Increasing
The number of patent filings at the United States Patent and Trademark Office (“PTO”) directly correlates to the rise of cannabis legalization. According to Magic Number, a data analytics company, between 2017 and 2018 the PTO issued almost 250 cannabis-related patents—more than in the previous seven years combined. These filings cover a range of inventions, including medical treatments and pharmaceutical compositions, cultivation techniques, vaporizers, and cannabis-infused products like toothpaste, coffee beans, and alcoholic drinks. With this uptick in patent filings, the volume of cannabis-specific prior art is on the rise as well. Those interested in obtaining patent protection in the cannabis industry should not fall behind their peers nor wait until the prior art field has fully developed. Early filing is critical.
2. Cannabis is Still Illegal Under Federal Law
Despite the growing number of patent filings, it is important to recognize that processing and distributing cannabis is still illegal under the federal Controlled Substance Act. Recent scholarly articles have argued that federal courts should not entertain most cannabis patent infringement suits due to illegality. Nonetheless, some courts have allowed these cases to proceed on the merits. United Cannabis Corporation v. Pure Hemp Collective Inc. is the first trial involving a cannabis patent in federal court. Specifically, the patent in dispute relates to the extraction of pharmaceutically active components from plant materials (e.g., liquid cannabinoid formula including THC). The plaintiff filed a patent infringement suit against a competitor maker of CBD products. In April 2019, a judge ruled in favor of United Cannabis Corporation by rejecting the argument that the plaintiff’s formulations are not patent eligible. Although the legal status of cannabis is not an issue in the case, it is important to remember that cannabis is not legalized at the federal level and that federal case law is still developing.
Read more >> https://www.natlawreview.com/article/weeds-key-intellectual-property-takeaways-cannabis-industry
Monday, November 25, 2019
Startup Companies and Trademarks, an Attorney's View
By: Michael J Foycik Jr.
Nov.25, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
An important decision facing new startup companies is what to do about trademarks. The question is, should they apply for a federal trademark registration. The answer to that depends very much on the goals for the startup.
If the goal of the owner of the startup company is to succed and then sell at a profit, then a federal trademark is essential. Think about it from the perspective of a buyer: without a trademark, that buyer cannot get the goodwill of the startup company. That goodwill includes such things as name recognition by customers, and loyalty all those dealing with the existing company. But, without official trademark rights, the buyer may not have exclusive rights to the use of the trademark, and imitators could flourish.
Some startups need investors, and investors are more comfortable when they see rights owned by the startup. After all, what are they investing in, if not intellectual property rights of some kind? Those rights commonly are from a good trade name or trademark. Other such IP rights can include trade secrets, patents, or copyrights.
Read more >> http://internationalpatentservice.com/Startup-Companies-and-Trademarks-an-Attorney-View.html
Nov.25, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
An important decision facing new startup companies is what to do about trademarks. The question is, should they apply for a federal trademark registration. The answer to that depends very much on the goals for the startup.
If the goal of the owner of the startup company is to succed and then sell at a profit, then a federal trademark is essential. Think about it from the perspective of a buyer: without a trademark, that buyer cannot get the goodwill of the startup company. That goodwill includes such things as name recognition by customers, and loyalty all those dealing with the existing company. But, without official trademark rights, the buyer may not have exclusive rights to the use of the trademark, and imitators could flourish.
Some startups need investors, and investors are more comfortable when they see rights owned by the startup. After all, what are they investing in, if not intellectual property rights of some kind? Those rights commonly are from a good trade name or trademark. Other such IP rights can include trade secrets, patents, or copyrights.
Read more >> http://internationalpatentservice.com/Startup-Companies-and-Trademarks-an-Attorney-View.html
How SMEs benefit from patents, industrial designs, trademarks and copyrights
By: Bulls N Bears
NOWADAYS the question is no longer if innovation is important for a company but rather to what extent.
Innovation is the single most relevant element in fuelling corporations’ competitive advantage and ultimate value creation. It also creates new drivers for value creation.
Multinational companies explore the boundaries of innovation extensively but small- and medium-sized enterprises (SMEs) are catching up.
This is important since SMEs represent a significant part of companies in Zimbabwe and also in other countries in Africa.
In fact, SMEs make up more than 90 percent of all businesses in Zimbabwe and they are drivers of growth and innovation in economies. IPRs have the goal to ensure and foster investments in innovation.
“IP refers to unique, value-adding creations of the human intellect that results from human ingenuity, creativity and inventiveness”
Read more >> http://www.bulls.co.zw/2019/11/25/how-smes-benefit-from-patents-industrial-designs-trademarks-and-copyrights/
NOWADAYS the question is no longer if innovation is important for a company but rather to what extent.
Innovation is the single most relevant element in fuelling corporations’ competitive advantage and ultimate value creation. It also creates new drivers for value creation.
Multinational companies explore the boundaries of innovation extensively but small- and medium-sized enterprises (SMEs) are catching up.
This is important since SMEs represent a significant part of companies in Zimbabwe and also in other countries in Africa.
In fact, SMEs make up more than 90 percent of all businesses in Zimbabwe and they are drivers of growth and innovation in economies. IPRs have the goal to ensure and foster investments in innovation.
“IP refers to unique, value-adding creations of the human intellect that results from human ingenuity, creativity and inventiveness”
Read more >> http://www.bulls.co.zw/2019/11/25/how-smes-benefit-from-patents-industrial-designs-trademarks-and-copyrights/
Sunday, November 24, 2019
Forget the Scams, Make Money from Your Invention
By: Michael J Foycik Jr.
Nov.24, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
You've seen the scams. Forget those, and move on: real people can and do make money from their inventions. Let's see who and how.
Who succeeds with their inventions? Just about anyone, and at just about any age. Here are a few ways.
If samples of the inventive product are available, then the quickest route can often involve first rate department stores and consignment sales. It's easy if you know how, and it's easy to try even if you don't know how. One successful person just went to their favorite department store, bringing their product, and talked to a manager about it.
For some inventions, it may be better to go through distributors. That is not hard, but it is not always easy either. Some distributors will help with the manufacturing costs, and some won't. Your best deals come when you can provide the goods.
Sometimes, it helps to get investors to provide funding and expertise, so you can make and sell the invention. The best ways to get investors involve one important first step: finding the manufacturing cost of a prototype. That part isn't difficult if you know how, and can often be done in just a few days. Most inventors are surpised by the low costs, and of course investors like seeing low costs since it means higher profits.
There are ways to find and meet investors. I recommend e-press releases as a very low cost way to attract investors. I can also recommend viral marketing, which is also a relatively low cost way. There are even investor clubs in many areas, if you look for them.
Read more >> http://internationalpatentservice.com/Forget-the-Scams-Make-Money-from-Your-Invention.html
Nov.24, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
You've seen the scams. Forget those, and move on: real people can and do make money from their inventions. Let's see who and how.
Who succeeds with their inventions? Just about anyone, and at just about any age. Here are a few ways.
If samples of the inventive product are available, then the quickest route can often involve first rate department stores and consignment sales. It's easy if you know how, and it's easy to try even if you don't know how. One successful person just went to their favorite department store, bringing their product, and talked to a manager about it.
For some inventions, it may be better to go through distributors. That is not hard, but it is not always easy either. Some distributors will help with the manufacturing costs, and some won't. Your best deals come when you can provide the goods.
Sometimes, it helps to get investors to provide funding and expertise, so you can make and sell the invention. The best ways to get investors involve one important first step: finding the manufacturing cost of a prototype. That part isn't difficult if you know how, and can often be done in just a few days. Most inventors are surpised by the low costs, and of course investors like seeing low costs since it means higher profits.
There are ways to find and meet investors. I recommend e-press releases as a very low cost way to attract investors. I can also recommend viral marketing, which is also a relatively low cost way. There are even investor clubs in many areas, if you look for them.
Read more >> http://internationalpatentservice.com/Forget-the-Scams-Make-Money-from-Your-Invention.html
Saturday, November 23, 2019
Patents promote startup acquisition success
By: Dr. Dvorah Graeser
You know the symptoms when they startup – racing pulse, the distraction at work, thinking only about one thing…
And then – at last! – you get together. But instead of bliss, it all falls apart. While it’s Saturday night and I’m still at work, that’s not what I’m talking about!
No, I’m referring to that depressing all-too-frequent story of failure. That is, of a failed startup-BigCo integration.
Like all romances, this sad story begins with high hopes. BigCo realizes that it needs fresh innovative ideas and new blood. It makes your startup the object of its buttoned-down corporate affection.
The deal goes through. Suddenly you and your startup team are the stars of the moment. You’re lauded for your intelligence and daring, and (hopefully) paid well for joining the BigCo family.
Read more >> https://kisspatent.com/resources/patents-promote-startup-acquisition-success
You know the symptoms when they startup – racing pulse, the distraction at work, thinking only about one thing…
And then – at last! – you get together. But instead of bliss, it all falls apart. While it’s Saturday night and I’m still at work, that’s not what I’m talking about!
No, I’m referring to that depressing all-too-frequent story of failure. That is, of a failed startup-BigCo integration.
Like all romances, this sad story begins with high hopes. BigCo realizes that it needs fresh innovative ideas and new blood. It makes your startup the object of its buttoned-down corporate affection.
The deal goes through. Suddenly you and your startup team are the stars of the moment. You’re lauded for your intelligence and daring, and (hopefully) paid well for joining the BigCo family.
Read more >> https://kisspatent.com/resources/patents-promote-startup-acquisition-success
Friday, November 22, 2019
What is the Meaning of “Patent”
By: Michael J Foycik Jr.
Nov.22, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
An important legal question is, what is the meaning of “patent” and, how is it relevant to inventors and businesspersons. The simplest answer is that a patent is a monopoly for a limited time, which is granted by a governmental entity.
In the US, there are several main types of patent: design; utility; provisional. But, what is the meaning of “patent” when there are several types? Again, a short answer will be helpful, explained as follows.
A design patent covers the ornamental features of an invention which are non-functional - imagine an unusual perfume bottle shape as an example. A utility patent covers only features which are functional, rather than ornamental – think of a car engine as an example. A provisional patent is somewhat like a utility patent application but exists for only one year. So, the answer to the question what is the meaning of “patent” is that it depends on the type of invention and the type of protection needed.
The lifetime of a US patent also differs, depending on the type. A utility patent provides patent protection, typically, for 17 years. A design patent does so typically for 14 years.
Read more >> http://internationalpatentservice.com/What-is-the-Meaning-of-Patent.html
Nov.22, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
An important legal question is, what is the meaning of “patent” and, how is it relevant to inventors and businesspersons. The simplest answer is that a patent is a monopoly for a limited time, which is granted by a governmental entity.
In the US, there are several main types of patent: design; utility; provisional. But, what is the meaning of “patent” when there are several types? Again, a short answer will be helpful, explained as follows.
A design patent covers the ornamental features of an invention which are non-functional - imagine an unusual perfume bottle shape as an example. A utility patent covers only features which are functional, rather than ornamental – think of a car engine as an example. A provisional patent is somewhat like a utility patent application but exists for only one year. So, the answer to the question what is the meaning of “patent” is that it depends on the type of invention and the type of protection needed.
The lifetime of a US patent also differs, depending on the type. A utility patent provides patent protection, typically, for 17 years. A design patent does so typically for 14 years.
Read more >> http://internationalpatentservice.com/What-is-the-Meaning-of-Patent.html
Thursday, November 21, 2019
What is Trademark
By: Michael J Foycik Jr.
Nov.22, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
WHAT IS TRADEMARK. . .
> protection
> application
> infringement
A trademark is any mark, logo, or phrase that serves to distinguish one source of goods from another.
When a trademark is in actual use in commerce, common law trademark rights can often exist even without a registered trademark. These can be enforced in state courts.
A federally registered trademark can be enforced in federal courts. To get a registered trademark, it is necessary to first file a US Trademark Application.
Such an application needs the information noted in the query form shown on this page.
A trademark search is strongly recommended. Skill is required in interpreting the results, since even identical trademarks can be registered if they are in sufficiently different classes of goods/services.
Read more >> http://internationalpatentservice.com/What-is-Trademark.html
Nov.22, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
WHAT IS TRADEMARK. . .
> protection
> application
> infringement
A trademark is any mark, logo, or phrase that serves to distinguish one source of goods from another.
When a trademark is in actual use in commerce, common law trademark rights can often exist even without a registered trademark. These can be enforced in state courts.
A federally registered trademark can be enforced in federal courts. To get a registered trademark, it is necessary to first file a US Trademark Application.
Such an application needs the information noted in the query form shown on this page.
A trademark search is strongly recommended. Skill is required in interpreting the results, since even identical trademarks can be registered if they are in sufficiently different classes of goods/services.
Read more >> http://internationalpatentservice.com/What-is-Trademark.html
Pitt researcher’s work featured by U.S. Patent & Trademark Office
By: Patrick Varine
A University of Pittsburgh researcher was featured in a U.S. Patent & Trademark Office report for patenting a robotic strong arm that can help wheelchair users grab items.
Rory Cooper, who was recognized earlier this year by the office with a trading card created to honor U.S. inventors, holds more than two dozen patents related to mobility-improvement research. Cooper is the director at Pitt’s Human Energy Research Laboratories, a U.S. Army veteran and also serves as director of the Paralyzed Veterans of America Research Foundation.
Cooper was featured for a new patent, a robotic strong arm that aims to help wheelchair users grab items using a robotic attachment.
Cooper is paralyzed from the waist down, the result of being struck by a truck while living in Germany, and began inventing mobility solutions after realizing he was not satisfied with his hospital-issued wheelchair.
Read more >> https://triblive.com/local/pittsburgh-allegheny/pitt-researchers-work-featured-by-u-s-patent-trademark-office/
A University of Pittsburgh researcher was featured in a U.S. Patent & Trademark Office report for patenting a robotic strong arm that can help wheelchair users grab items.
Rory Cooper, who was recognized earlier this year by the office with a trading card created to honor U.S. inventors, holds more than two dozen patents related to mobility-improvement research. Cooper is the director at Pitt’s Human Energy Research Laboratories, a U.S. Army veteran and also serves as director of the Paralyzed Veterans of America Research Foundation.
Cooper was featured for a new patent, a robotic strong arm that aims to help wheelchair users grab items using a robotic attachment.
Cooper is paralyzed from the waist down, the result of being struck by a truck while living in Germany, and began inventing mobility solutions after realizing he was not satisfied with his hospital-issued wheelchair.
Read more >> https://triblive.com/local/pittsburgh-allegheny/pitt-researchers-work-featured-by-u-s-patent-trademark-office/
Why Trademark
By: Michael J Foycik Jr.
Nov.21, 2019
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.
WHY TRADEMARK. . .
> to sell a business
> to attract investors
> to stop competitors
> to protect a web site domain name
What you can trademark:
> a word, phrase, or slogan
> a logo or design
Competitors can trade on your good name. Unless, that is, you have strong trademark rights. And what rights are those? The best trademark rights would be based on a federally registered trademark.
If you want to protect your company's web site domain name, you will need to be able to prove trademark rights in the name itself. There is no surer way than ownership of a federally registered trademark, which can usually confer nationwide rights.
There are other trademark rights too: state registrations, and common law trademark rights. Those may be very worthwhile too, but may not have national scope.
Common law rights sometimes require proof of instances of actual confusion, but even then there is a question of proving priority, i.e. who was first.
Read more >> http://internationalpatentservice.com/Why-Trademark.html
Nov.21, 2019
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.
WHY TRADEMARK. . .
> to sell a business
> to attract investors
> to stop competitors
> to protect a web site domain name
What you can trademark:
> a word, phrase, or slogan
> a logo or design
Competitors can trade on your good name. Unless, that is, you have strong trademark rights. And what rights are those? The best trademark rights would be based on a federally registered trademark.
If you want to protect your company's web site domain name, you will need to be able to prove trademark rights in the name itself. There is no surer way than ownership of a federally registered trademark, which can usually confer nationwide rights.
There are other trademark rights too: state registrations, and common law trademark rights. Those may be very worthwhile too, but may not have national scope.
Common law rights sometimes require proof of instances of actual confusion, but even then there is a question of proving priority, i.e. who was first.
Read more >> http://internationalpatentservice.com/Why-Trademark.html
Wednesday, November 20, 2019
Basic Guide to Intellectual Property that will save your business
By: Marsha Kelly
As an entrepreneur and small business owner, some of the most precious assets are intangible and are considered, rather than real or physical, intellectual property.
As you protect your valuable tangible property with insurance, legal records, and locks, you may defend your ideas and inventions similarly.
Differences between Trademarks, Copyrights and Patents
First, you’ll have to be aware of the difference between the different kinds of intellectual property protection. Do you require a patent or trademark or copyright for your specific company usage?
Patents
The objective of a patent is to protect creations.
It’s a right which is awarded to the inventor of the national government that authorizes the inventor to stop people from selling, manufacturing or using their invention for a specified period.
The US patent system has been designed to promote devices which are distinct and encourage society. There are 3 distinct classes of patents:
Read more >> https://ideasplusbusiness.com/guide-to-intellectual-property/
As an entrepreneur and small business owner, some of the most precious assets are intangible and are considered, rather than real or physical, intellectual property.
As you protect your valuable tangible property with insurance, legal records, and locks, you may defend your ideas and inventions similarly.
Differences between Trademarks, Copyrights and Patents
First, you’ll have to be aware of the difference between the different kinds of intellectual property protection. Do you require a patent or trademark or copyright for your specific company usage?
Patents
The objective of a patent is to protect creations.
It’s a right which is awarded to the inventor of the national government that authorizes the inventor to stop people from selling, manufacturing or using their invention for a specified period.
The US patent system has been designed to promote devices which are distinct and encourage society. There are 3 distinct classes of patents:
Read more >> https://ideasplusbusiness.com/guide-to-intellectual-property/
Tuesday, November 19, 2019
How to Patent an Idea
By: Michael J Foycik Jr.
Nov.19, 2019
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.
How to patent an idea? There are several good approaches, as follows. Easiest: file a Provisional patent application ("PPA"). Advantages: low cost, low government fee, few formalities, true "patent pending" status, priority rights for any later-filed utility or PCT applications filed within one year. No examination occurs.
How to file a Provisional patent application (PPA): service fee is relatively low and very affordable; call or email for a quote for a specific invention idea.
Next up: file a Design patent application. Yes, it protects just the appearance of the inventive product or design, but costs much less than a utility patent application, has lower government filing fees, and often has better chances of success with the US Patent Office. Call or email for a price quote for a specific inventive idea, there is no charge or obligation.
Or, get a utility patent application on your idea. The Utility patent application is sometimes referred to as a regular application. It costs about three or four times what a provisional application costs, but should still be relatively affordable. It does require formal drawings, and will be examined by the patent office, possibly requiring a response.
Read more >> http://internationalpatentservice.com/How-to-Patent-an-Idea.html
Nov.19, 2019
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.
How to patent an idea? There are several good approaches, as follows. Easiest: file a Provisional patent application ("PPA"). Advantages: low cost, low government fee, few formalities, true "patent pending" status, priority rights for any later-filed utility or PCT applications filed within one year. No examination occurs.
How to file a Provisional patent application (PPA): service fee is relatively low and very affordable; call or email for a quote for a specific invention idea.
Next up: file a Design patent application. Yes, it protects just the appearance of the inventive product or design, but costs much less than a utility patent application, has lower government filing fees, and often has better chances of success with the US Patent Office. Call or email for a price quote for a specific inventive idea, there is no charge or obligation.
Or, get a utility patent application on your idea. The Utility patent application is sometimes referred to as a regular application. It costs about three or four times what a provisional application costs, but should still be relatively affordable. It does require formal drawings, and will be examined by the patent office, possibly requiring a response.
Read more >> http://internationalpatentservice.com/How-to-Patent-an-Idea.html
Monday, November 18, 2019
Research Institutions and Startups: Basics of Spinning Out New Companies
By: Elio Harmon
Hundreds of billions of dollars are spent on research each year at federal labs, universities and research hospitals. Often this research leads to the creation of valuable intellectual property assets (e.g., patents) that may be licensed to existing companies or new startups to commercialize the underlying technology. The National Science Foundation established the I-Corps program to educate academic researchers on the process of translating their research into commercial products, and universities are increasingly setting up incubators and venture funds to stimulate technology commercialization.
In addition to providing cachet to attract potential customers, partners, competitors and investors, licensing technology from research institutions offers startups the opportunity to secure non-dilutive funding such as Small Business Innovation Research grants and Small Business Technology Transfer grants. Also, the State of Ohio has a Technology Validation and Start-up Fund, which provides grants to small businesses commercializing technology from Ohio-based research institutions.
Along with the standard elements required for any startup to be successful, a lucrative university spin-out also requires the right mixture of entrepreneurial talent, technical talent (often, the inventor takes on a technical role at the startup and has a minority ownership) and reasonable license terms. Often there is a “dating” period during which the entrepreneurial team, inventor(s) and university get alignment on how a potential startup would be structured, capitalized and launched.
Read more >> https://www.614startups.com/blog/2019/11/18/research-institutions-and-startups-basics-of-spinning-out-new-companies
Hundreds of billions of dollars are spent on research each year at federal labs, universities and research hospitals. Often this research leads to the creation of valuable intellectual property assets (e.g., patents) that may be licensed to existing companies or new startups to commercialize the underlying technology. The National Science Foundation established the I-Corps program to educate academic researchers on the process of translating their research into commercial products, and universities are increasingly setting up incubators and venture funds to stimulate technology commercialization.
In addition to providing cachet to attract potential customers, partners, competitors and investors, licensing technology from research institutions offers startups the opportunity to secure non-dilutive funding such as Small Business Innovation Research grants and Small Business Technology Transfer grants. Also, the State of Ohio has a Technology Validation and Start-up Fund, which provides grants to small businesses commercializing technology from Ohio-based research institutions.
Along with the standard elements required for any startup to be successful, a lucrative university spin-out also requires the right mixture of entrepreneurial talent, technical talent (often, the inventor takes on a technical role at the startup and has a minority ownership) and reasonable license terms. Often there is a “dating” period during which the entrepreneurial team, inventor(s) and university get alignment on how a potential startup would be structured, capitalized and launched.
Read more >> https://www.614startups.com/blog/2019/11/18/research-institutions-and-startups-basics-of-spinning-out-new-companies
Ways To Make Money From Your Patent
By: Michael J Foycik Jr.
Nov.19, 2019
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.
Ways To Make Money From Your Patent
Here are some ways inventors can make money from their patents. These come directly from actual successes of actual inventors, as told by the inventors themselves in published interviews.
It is important to realize that every invention is different, with different markets. And, different inventions tend to attract different types of investors. Focus on what makes your invention different, and the rest will be easier.
The Licensing Approach - Accumulating Licensees
There are several approaches to gaining licensees. The following is one of the most successful approaches, where there are a number of different infringers. Where there is only one infringer, it may be necessary to threaten litigation, but that only works if the infringer believes you have the resources to do it.
First: identify which companies, products or services may be infringing your patent. Make a list, and try to estimate the sales of each one.
Then, line up the infringers by the estimated amount of infringing sales. Send demand letters to the smallest infringers, asking relatively small royalties. It would not be unreasonable to offer petty infringers royalty rates of 2%, or in some cases even a 0% royalty; all conditioned upon sales being below a certain limit.
Read more >> http://internationalpatentservice.com/Ways-To-Make-Money-From-Your-Patent.html
Nov.19, 2019
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.
Ways To Make Money From Your Patent
Here are some ways inventors can make money from their patents. These come directly from actual successes of actual inventors, as told by the inventors themselves in published interviews.
It is important to realize that every invention is different, with different markets. And, different inventions tend to attract different types of investors. Focus on what makes your invention different, and the rest will be easier.
The Licensing Approach - Accumulating Licensees
There are several approaches to gaining licensees. The following is one of the most successful approaches, where there are a number of different infringers. Where there is only one infringer, it may be necessary to threaten litigation, but that only works if the infringer believes you have the resources to do it.
First: identify which companies, products or services may be infringing your patent. Make a list, and try to estimate the sales of each one.
Then, line up the infringers by the estimated amount of infringing sales. Send demand letters to the smallest infringers, asking relatively small royalties. It would not be unreasonable to offer petty infringers royalty rates of 2%, or in some cases even a 0% royalty; all conditioned upon sales being below a certain limit.
Read more >> http://internationalpatentservice.com/Ways-To-Make-Money-From-Your-Patent.html
Sunday, November 17, 2019
A very Miami trademark dispute, Project Zero launches in India, and Nike ends Amazon deal: news digest
By: Jonathan Walfisz
Every Tuesday and Friday, WTR presents a round-up of news, developments and insights from across the trademark sphere. In our latest edition, we look at a trademark infringement dispute between milk companies, how a potential change to Instagram could impact DTC brands, how ‘water stewardship’ could boost brand value, an office move for the UKIPO, and much more. Coverage this time from Trevor Little (TL), Bridget Diakun (BD), Jonathan Walfisz (JW) and Tim Lince (TJL).
Market radar:
Potential changes to Instagram may negatively impact DTC brands – Instagram has been testing a new feature in Australia, Ireland and Canada whereby the platform hides ‘likes’ for groups of users. This feature is now being expanded to the US. Although the change is designed to take the pressure off users, as the amount of likes each post receives will no longer be made public, some direct-to-consumer (DTC) brands have expressed concerns that this will harm their businesses and hamper growth potential. Instagram is an important platform for young DTC brands who use it to test their advertising campaigns and grow brand awareness. There is a risk that without ‘likes’ there will be less engagement between brands and their consumers. Mel Wells, founder of DTC swimwear brand Beefcake, said that the removal of likes could be problematic because it acts as a way to legitimise the company and its products for new customers. Others have said that, while challenging, brands will just have to adapt to the changes by focusing on content that drives more conversation and engagement through polls and comments. The test run of this feature is still in the early stages and it remains to be seen if it will be rolled out in other jurisdictions. If it is, it could be a game changer that will force brands to shift their strategy or risk losing exposure on an extremely important social media platform. (BD)
Read more >> https://www.worldtrademarkreview.com/brand-management/very-miami-trademark-lawsuit-project-zero-launches-india-and-nike-ends-amazon
Every Tuesday and Friday, WTR presents a round-up of news, developments and insights from across the trademark sphere. In our latest edition, we look at a trademark infringement dispute between milk companies, how a potential change to Instagram could impact DTC brands, how ‘water stewardship’ could boost brand value, an office move for the UKIPO, and much more. Coverage this time from Trevor Little (TL), Bridget Diakun (BD), Jonathan Walfisz (JW) and Tim Lince (TJL).
Market radar:
Potential changes to Instagram may negatively impact DTC brands – Instagram has been testing a new feature in Australia, Ireland and Canada whereby the platform hides ‘likes’ for groups of users. This feature is now being expanded to the US. Although the change is designed to take the pressure off users, as the amount of likes each post receives will no longer be made public, some direct-to-consumer (DTC) brands have expressed concerns that this will harm their businesses and hamper growth potential. Instagram is an important platform for young DTC brands who use it to test their advertising campaigns and grow brand awareness. There is a risk that without ‘likes’ there will be less engagement between brands and their consumers. Mel Wells, founder of DTC swimwear brand Beefcake, said that the removal of likes could be problematic because it acts as a way to legitimise the company and its products for new customers. Others have said that, while challenging, brands will just have to adapt to the changes by focusing on content that drives more conversation and engagement through polls and comments. The test run of this feature is still in the early stages and it remains to be seen if it will be rolled out in other jurisdictions. If it is, it could be a game changer that will force brands to shift their strategy or risk losing exposure on an extremely important social media platform. (BD)
Read more >> https://www.worldtrademarkreview.com/brand-management/very-miami-trademark-lawsuit-project-zero-launches-india-and-nike-ends-amazon
US & USPTO Trademark
By: Michael J Foycik Jr.
Nov.17, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
US & USPTO TRADEMARK GENERAL INFORMATION
Preparing a US Trademark Application
To start, the trademark owner will have chosen a word, phrase, or design as their trademark. The trademark is what is applied to the goods or services, and is NOT usually the company’s name. For example, a company named XYZ which sells garments will attach a label to those garments with a trademark such as the fashion designer’s name, and NOT with the name of their company. To claim trademark rights, the symbol “TM” can be used, preferably as a superscript after the trademark. Alternatively it can be written in parentheses after the trademark. Example: If the trademark is “Wise“, it can be written as Wise™.
A US Trademark Lawyer, also called a US Trademark Attorney, can prepare a US Trademark Application for filing with the USPTO. The US Trademark Lawyer will draft a trademark application using a description of the goods/services together with a drawing showing the trademark, where the “drawing“ is often just the typed word in capital letters. That format encompasses all variations of that mark, within the laws pertaining to how marks are used. For example, the typed drawing in all capital letters will encompass an infringing use of the mark in script letters, or as part of a larger drawing.
The draft application is sent to the owner of the trademark, and changes can be made if necessary. We do not add any additional charge for making changes to the application at this stage. When the draft is finalized, the owner signs a form claiming ownership of the trademark application. Once it is filed, it receives a Serial Number and an Official Filing Receipt, and thus becomes an official US Trademark Application.
Read more >> http://internationalpatentservice.com/US-USPTO-Trademark.html
Nov.17, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
US & USPTO TRADEMARK GENERAL INFORMATION
Preparing a US Trademark Application
To start, the trademark owner will have chosen a word, phrase, or design as their trademark. The trademark is what is applied to the goods or services, and is NOT usually the company’s name. For example, a company named XYZ which sells garments will attach a label to those garments with a trademark such as the fashion designer’s name, and NOT with the name of their company. To claim trademark rights, the symbol “TM” can be used, preferably as a superscript after the trademark. Alternatively it can be written in parentheses after the trademark. Example: If the trademark is “Wise“, it can be written as Wise™.
A US Trademark Lawyer, also called a US Trademark Attorney, can prepare a US Trademark Application for filing with the USPTO. The US Trademark Lawyer will draft a trademark application using a description of the goods/services together with a drawing showing the trademark, where the “drawing“ is often just the typed word in capital letters. That format encompasses all variations of that mark, within the laws pertaining to how marks are used. For example, the typed drawing in all capital letters will encompass an infringing use of the mark in script letters, or as part of a larger drawing.
The draft application is sent to the owner of the trademark, and changes can be made if necessary. We do not add any additional charge for making changes to the application at this stage. When the draft is finalized, the owner signs a form claiming ownership of the trademark application. Once it is filed, it receives a Serial Number and an Official Filing Receipt, and thus becomes an official US Trademark Application.
Read more >> http://internationalpatentservice.com/US-USPTO-Trademark.html
Saturday, November 16, 2019
How to Get a Patent
By: Michael J Foycik Jr.
Nov.17, 2019
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.
How to Get a Patent
How to get a Patent? That’s a good question! The short and long answers are below.
The short answer is : In the US, file a US Utility Patent Application, or a US Design Patent Application. Note that a US Provisional Patent Application does not become a US Patent, but does give “patent pending” status.
And, do you need a US Patent Attorney? Yes and No. In theory, a patent application can be filed by the inventor. Due to the great number of legal technicalities and chances of losing rights by use of poor legal language or by failing to add the right legal language, most authorities believe it is by far the best course of action to have a US Patent Attorney prepare the patent application. Some very experienced inventors might prepare their own patent applications, although that is not common.
The longer answer is:
These are the basic steps for how to get a patent. For a Utility Patent, the goal is to get broad claims allowed by the US Patent Office, and which become part of an Issued Patent. The claims define the scope of what is legally protected by the issued patent.
The inventor should write a description of the invention, and make sketches or drawings which can show the invention. The description and drawings do not have to be very detailed, as long as they clearly explain what the inventor believes is new.
Read more >> http://internationalpatentservice.com/how-to-get-a-patent.html
Nov.17, 2019
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.
How to Get a Patent
How to get a Patent? That’s a good question! The short and long answers are below.
The short answer is : In the US, file a US Utility Patent Application, or a US Design Patent Application. Note that a US Provisional Patent Application does not become a US Patent, but does give “patent pending” status.
And, do you need a US Patent Attorney? Yes and No. In theory, a patent application can be filed by the inventor. Due to the great number of legal technicalities and chances of losing rights by use of poor legal language or by failing to add the right legal language, most authorities believe it is by far the best course of action to have a US Patent Attorney prepare the patent application. Some very experienced inventors might prepare their own patent applications, although that is not common.
The longer answer is:
These are the basic steps for how to get a patent. For a Utility Patent, the goal is to get broad claims allowed by the US Patent Office, and which become part of an Issued Patent. The claims define the scope of what is legally protected by the issued patent.
The inventor should write a description of the invention, and make sketches or drawings which can show the invention. The description and drawings do not have to be very detailed, as long as they clearly explain what the inventor believes is new.
Read more >> http://internationalpatentservice.com/how-to-get-a-patent.html
Wednesday, November 13, 2019
What is Intellectual Property and Does My Business Need It?
By: Candi Obrentz
Intellectual property (“IP”) is the ownership of a creation and refers to any product of the human intellect that the law protects from unauthorized use by others. The 3 main types of IP are a trademark, patent, and copyright.
Trademark. This protects any name, word, slogan, symbol, design, and/or image that identifies a business or brand and distinguishes it from others.
Patent. There are 3 types of patents: Utility, design, and plant (this is not a joke – plant patents are not common, but they do exist). A utility patent protects inventions with a new or improved function. A design patent protects a new, original and ornamental design for an article of manufacture. A plant patent protects new and distinct, asexually propagated plants.
Copyright. This protects original works of authorship like books, songs, articles, plays, photographs, sculptures, choreography, architectural works, sound recordings, motion pictures & other creative works. A work must be in a fixed, tangible form to be protected.
Read more >> https://thisisittv.com/what-is-intellectual-property/
Intellectual property (“IP”) is the ownership of a creation and refers to any product of the human intellect that the law protects from unauthorized use by others. The 3 main types of IP are a trademark, patent, and copyright.
Trademark. This protects any name, word, slogan, symbol, design, and/or image that identifies a business or brand and distinguishes it from others.
Patent. There are 3 types of patents: Utility, design, and plant (this is not a joke – plant patents are not common, but they do exist). A utility patent protects inventions with a new or improved function. A design patent protects a new, original and ornamental design for an article of manufacture. A plant patent protects new and distinct, asexually propagated plants.
Copyright. This protects original works of authorship like books, songs, articles, plays, photographs, sculptures, choreography, architectural works, sound recordings, motion pictures & other creative works. A work must be in a fixed, tangible form to be protected.
Read more >> https://thisisittv.com/what-is-intellectual-property/
Sunday, November 10, 2019
How Much Does A Patent Cost?
By: Michael J Foycik Jr.
Nov.11, 2019
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.
How much does a patent cost?
We try to keep your costs as low as possible, and as affordable as possible. We provide flat fee estimates in advance, at no charge to you.
In the simplest cases, where the invention is easy to describe or show in a few figures of drawing, patent application can be prepared for as little as $1800, with a government filing fee of $540 for a small entity (this cost is slightly less for electronic filing).
The formal drawings, if needed, can usually be obtained for less than $150 per sheet. One sheet might have several figures on it, depending on the complexity of the invention, thus saving money.
If the patent application is granted, the government charges an issue fee of $755 and publication fee of $300. A service charge of $80 is added for attending to preparing and filing the Issue Fee Transmittal.
The U.S. Patent Office examines the patent application and finds any relevant prior art. If the prior art is sufficiently close, they will make a rejection. A response can be filed, usually at a cover of $350 to $450. Every case is different; some are allowed without needing such an amendment or response. In some cases, a further response is necessary or desirable, and the cost is normally somewhat less than $350.
Read more >> http://internationalpatentservice.com/how-much-does-a-patent-cost.html
Nov.11, 2019
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.
How much does a patent cost?
We try to keep your costs as low as possible, and as affordable as possible. We provide flat fee estimates in advance, at no charge to you.
In the simplest cases, where the invention is easy to describe or show in a few figures of drawing, patent application can be prepared for as little as $1800, with a government filing fee of $540 for a small entity (this cost is slightly less for electronic filing).
The formal drawings, if needed, can usually be obtained for less than $150 per sheet. One sheet might have several figures on it, depending on the complexity of the invention, thus saving money.
If the patent application is granted, the government charges an issue fee of $755 and publication fee of $300. A service charge of $80 is added for attending to preparing and filing the Issue Fee Transmittal.
The U.S. Patent Office examines the patent application and finds any relevant prior art. If the prior art is sufficiently close, they will make a rejection. A response can be filed, usually at a cover of $350 to $450. Every case is different; some are allowed without needing such an amendment or response. In some cases, a further response is necessary or desirable, and the cost is normally somewhat less than $350.
Read more >> http://internationalpatentservice.com/how-much-does-a-patent-cost.html
Thursday, November 7, 2019
The Importance of IP – A Thumbnail Sketch of Intellectual Property Rights
By: David Adler
One question I’m frequently asked is “how can I protect my idea.” Giving an answer to that question requires understanding the different types of intellectual property rights such as copyright, trademark and patent. Many people recognize the words but don’t always know which one applies and what, exactly, it protects. The FABTECH seminar Protecting Original Design: The Importance of IP for Fabricators is intended to explain how, when, and why different intellectual property laws can be used to protect original design and how this creates opportunities to add value to a business.
Original design is important for two intertwined reasons. First, as more brands develop signature styles, protecting original design is more important than ever. Second, there is a real risk from knock-offs in terms of both product liability and fraud. Original design signals to the buyer a message of authenticity, craftsmanship, quality and durability. Lacking these attributes make knock-offs a form of fraud. According to Ricardo Nabholz, Assoc. IIDA, LEED AP, senior associate and creative director at TPG Architecture, “Once you divorce the idea of original design from products and apply it to other aspects of day-to-day commerce, it is easy to recognize knock-off as a form of fraud that no just person would willingly engage in.”
Read more >> https://www.fabtechexpo.com/blog/2019/11/03/the-importance-of-ip-a-thumbnail-sketch-of-intellectual-property-rights
One question I’m frequently asked is “how can I protect my idea.” Giving an answer to that question requires understanding the different types of intellectual property rights such as copyright, trademark and patent. Many people recognize the words but don’t always know which one applies and what, exactly, it protects. The FABTECH seminar Protecting Original Design: The Importance of IP for Fabricators is intended to explain how, when, and why different intellectual property laws can be used to protect original design and how this creates opportunities to add value to a business.
Original design is important for two intertwined reasons. First, as more brands develop signature styles, protecting original design is more important than ever. Second, there is a real risk from knock-offs in terms of both product liability and fraud. Original design signals to the buyer a message of authenticity, craftsmanship, quality and durability. Lacking these attributes make knock-offs a form of fraud. According to Ricardo Nabholz, Assoc. IIDA, LEED AP, senior associate and creative director at TPG Architecture, “Once you divorce the idea of original design from products and apply it to other aspects of day-to-day commerce, it is easy to recognize knock-off as a form of fraud that no just person would willingly engage in.”
Read more >> https://www.fabtechexpo.com/blog/2019/11/03/the-importance-of-ip-a-thumbnail-sketch-of-intellectual-property-rights
Tuesday, November 5, 2019
US & USPTO Trademark
By: Michael J Foycik Jr.
Nov. 6, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
US & USPTO TRADEMARK GENERAL INFORMATION
Preparing a US Trademark Application
To start, the trademark owner will have chosen a word, phrase, or design as their trademark. The trademark is what is applied to the goods or services, and is NOT usually the company’s name. For example, a company named XYZ which sells garments will attach a label to those garments with a trademark such as the fashion designer’s name, and NOT with the name of their company. To claim trademark rights, the symbol “TM” can be used, preferably as a superscript after the trademark. Alternatively it can be written in parentheses after the trademark. Example: If the trademark is “Wise“, it can be written as Wise™.
A US Trademark Lawyer, also called a US Trademark Attorney, can prepare a US Trademark Application for filing with the USPTO. The US Trademark Lawyer will draft a trademark application using a description of the goods/services together with a drawing showing the trademark, where the “drawing“ is often just the typed word in capital letters. That format encompasses all variations of that mark, within the laws pertaining to how marks are used. For example, the typed drawing in all capital letters will encompass an infringing use of the mark in script letters, or as part of a larger drawing.
The draft application is sent to the owner of the trademark, and changes can be made if necessary. We do not add any additional charge for making changes to the application at this stage. When the draft is finalized, the owner signs a form claiming ownership of the trademark application. Once it is filed, it receives a Serial Number and an Official Filing Receipt, and thus becomes an official US Trademark Application.
Read more >> http://internationalpatentservice.com/US-USPTO-Trademark.html
Nov. 6, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
US & USPTO TRADEMARK GENERAL INFORMATION
Preparing a US Trademark Application
To start, the trademark owner will have chosen a word, phrase, or design as their trademark. The trademark is what is applied to the goods or services, and is NOT usually the company’s name. For example, a company named XYZ which sells garments will attach a label to those garments with a trademark such as the fashion designer’s name, and NOT with the name of their company. To claim trademark rights, the symbol “TM” can be used, preferably as a superscript after the trademark. Alternatively it can be written in parentheses after the trademark. Example: If the trademark is “Wise“, it can be written as Wise™.
A US Trademark Lawyer, also called a US Trademark Attorney, can prepare a US Trademark Application for filing with the USPTO. The US Trademark Lawyer will draft a trademark application using a description of the goods/services together with a drawing showing the trademark, where the “drawing“ is often just the typed word in capital letters. That format encompasses all variations of that mark, within the laws pertaining to how marks are used. For example, the typed drawing in all capital letters will encompass an infringing use of the mark in script letters, or as part of a larger drawing.
The draft application is sent to the owner of the trademark, and changes can be made if necessary. We do not add any additional charge for making changes to the application at this stage. When the draft is finalized, the owner signs a form claiming ownership of the trademark application. Once it is filed, it receives a Serial Number and an Official Filing Receipt, and thus becomes an official US Trademark Application.
Read more >> http://internationalpatentservice.com/US-USPTO-Trademark.html
Sunday, November 3, 2019
10 Avoidable Mistakes That Could Doom Your Startup
By: Mark Glucki
90% of startups fail. It’s a new world of business, and only the strongest new companies will survive. So how do you avoid startup doom?
Sometimes failure comes down to sheer bad luck or influences beyond an entrepreneur’s control, but in many cases, it can come down to the same simple mistakes that companies make time and time again.
Here are 10 common errors to avoid if you want your business to last the distance.
1. Inadequate Market Research
It doesn’t matter how remarkable you think your product is if the market doesn’t agree with you. Very few startups offer an innovation that can truly revolutionize a space, so before you spend significant money on development and marketing, be sure your market research is up to scratch. Don’t waste time and resources on a white elephant with no demand.
Read more >> https://liquidcapitalcorp.com/blog/business-growth/10-avoidable-mistakes-that-could-doom-your-startup/
90% of startups fail. It’s a new world of business, and only the strongest new companies will survive. So how do you avoid startup doom?
Sometimes failure comes down to sheer bad luck or influences beyond an entrepreneur’s control, but in many cases, it can come down to the same simple mistakes that companies make time and time again.
Here are 10 common errors to avoid if you want your business to last the distance.
1. Inadequate Market Research
It doesn’t matter how remarkable you think your product is if the market doesn’t agree with you. Very few startups offer an innovation that can truly revolutionize a space, so before you spend significant money on development and marketing, be sure your market research is up to scratch. Don’t waste time and resources on a white elephant with no demand.
Read more >> https://liquidcapitalcorp.com/blog/business-growth/10-avoidable-mistakes-that-could-doom-your-startup/
Thursday, October 31, 2019
Do I Need A Patent?
By: Michael J Foycik Jr.
Nov.1, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
When – and why - do you need a patent?
You need a patent:
> If you wish to stop others from copying your invention.
> If you wish to protect yourself from competitors who may copy your invention and then try to patent it themselves.
> If your product is in stores and you are challenged by a competitor who claims they have patent rights of their own.
> If having a unique new product would allow you to set a much higher selling price.
> If it is important to impress potential investors, customers or retailers.
> if you want to stop illegal copies of your products from entering the U.S.
> If you hope to sell your business for a profit. Patent rights are often the most important asset of a successful business.
> If you hope to license your patented product to others.
Read more >> http://internationalpatentservice.com/do-i-need-a-patent.html
Nov.1, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
When – and why - do you need a patent?
You need a patent:
> If you wish to stop others from copying your invention.
> If you wish to protect yourself from competitors who may copy your invention and then try to patent it themselves.
> If your product is in stores and you are challenged by a competitor who claims they have patent rights of their own.
> If having a unique new product would allow you to set a much higher selling price.
> If it is important to impress potential investors, customers or retailers.
> if you want to stop illegal copies of your products from entering the U.S.
> If you hope to sell your business for a profit. Patent rights are often the most important asset of a successful business.
> If you hope to license your patented product to others.
Read more >> http://internationalpatentservice.com/do-i-need-a-patent.html
Wednesday, October 23, 2019
Jafari Law Group Is An Orange County Patent Attorney
By: Admin
Jafari Law Group is specialized in intellectual property. As patent attorneys, the law firm has been able to represent a number of clients in patent related cases, provide solutions to businesses and individuals, especially with regards to the procurement and protection of intellectual property portfolios.
Irvine, CA – At Jafari Law Group, the team of attorneys understand that each client deserves the best legal attention and this is why they remain committed to going above and beyond in pleasing customers with desired outcomes.
At Jafari Law Group, the team of well-trained and experienced attorneys operate with the mission to provide each and every one of their clients with an innovative and cost-effective solution for all their business and individual needs. By striving to build a long term relationship with clients, the attorneys have been able to deliver unparalleled legal services to their clients, helping them with all that is needed to develop, maintain, protect, and enhance business and/or intellectual property rights.
Read more >> http://www.getnews.info/969212/jafari-law-group-is-an-orange-county-patent-attorney.html
Jafari Law Group is specialized in intellectual property. As patent attorneys, the law firm has been able to represent a number of clients in patent related cases, provide solutions to businesses and individuals, especially with regards to the procurement and protection of intellectual property portfolios.
Irvine, CA – At Jafari Law Group, the team of attorneys understand that each client deserves the best legal attention and this is why they remain committed to going above and beyond in pleasing customers with desired outcomes.
At Jafari Law Group, the team of well-trained and experienced attorneys operate with the mission to provide each and every one of their clients with an innovative and cost-effective solution for all their business and individual needs. By striving to build a long term relationship with clients, the attorneys have been able to deliver unparalleled legal services to their clients, helping them with all that is needed to develop, maintain, protect, and enhance business and/or intellectual property rights.
Read more >> http://www.getnews.info/969212/jafari-law-group-is-an-orange-county-patent-attorney.html
Sunday, October 20, 2019
US & USPTO Patent - General Information
By: Michael J Foycik Jr.
Oct.21, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
US & USPTO PATENT GENERAL INFORMATION
Introduction
The US law provides for patent and trademark protection. The administrative agencies responsible for this are the US Patent Office and the US Trademark Office, which are combined and called the US Patent and Trademark Office, abbreviated as USPTO. In the following, the abbreviation USPTO will be used throughout.
Preparing a patent application
A US Patent Lawyer, also called a US Patent Attorney, normally prepares a US Patent Application for filing with the USPTO. The US Patent Lawyer works with the inventor to draft a specification having a description of the invention, including drawings when possible. The draft is then studied by the inventor, and changes are made if necessary. When the draft is accepted by the inventor, the inventor signs a form called a Declaration, claiming inventorship of the application. Once it is filed, it receives a Serial Number and an Official Filing Receipt, and thus becomes an official US Patent Application.
At some point in this process, it is advisable but not necessary to perform a US patent search. The US patent search can find prior art patents that show the extent of the closest prior art, and whether the invention has been patented at an earlier time. If an expired patent is discovered which is very close to the invention, then that expired patent can confer a “right to use” that invention. If a pending US Patent covers the invention, and has claims which are sufficiently broad to cover the invention, then it is possible that infringement would occur. It is important to know if a new product might infringe an existing unexpired US Patent. If no patent exists which covers the invention, then it is possible that the invention can be patented. As noted above, it is not necessary to conduct a patent search prior to filing a new patent application.
Read more >> http://internationalpatentservice.com/US-USPTO-Patent.html
Oct.21, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
US & USPTO PATENT GENERAL INFORMATION
Introduction
The US law provides for patent and trademark protection. The administrative agencies responsible for this are the US Patent Office and the US Trademark Office, which are combined and called the US Patent and Trademark Office, abbreviated as USPTO. In the following, the abbreviation USPTO will be used throughout.
Preparing a patent application
A US Patent Lawyer, also called a US Patent Attorney, normally prepares a US Patent Application for filing with the USPTO. The US Patent Lawyer works with the inventor to draft a specification having a description of the invention, including drawings when possible. The draft is then studied by the inventor, and changes are made if necessary. When the draft is accepted by the inventor, the inventor signs a form called a Declaration, claiming inventorship of the application. Once it is filed, it receives a Serial Number and an Official Filing Receipt, and thus becomes an official US Patent Application.
At some point in this process, it is advisable but not necessary to perform a US patent search. The US patent search can find prior art patents that show the extent of the closest prior art, and whether the invention has been patented at an earlier time. If an expired patent is discovered which is very close to the invention, then that expired patent can confer a “right to use” that invention. If a pending US Patent covers the invention, and has claims which are sufficiently broad to cover the invention, then it is possible that infringement would occur. It is important to know if a new product might infringe an existing unexpired US Patent. If no patent exists which covers the invention, then it is possible that the invention can be patented. As noted above, it is not necessary to conduct a patent search prior to filing a new patent application.
Read more >> http://internationalpatentservice.com/US-USPTO-Patent.html
Saturday, October 19, 2019
7 Startup Essentials You Must Have
By: Aaron Vick
7 Startup Essentials You Must Have
Being an entrepreneur can be a tough challenge, so how can you guarantee the success of your startup? Make sure you know these startup essentials.
Just 20% of new businesses survive their first year of operation.
That statistic is telling of the fact that becoming an entrepreneur is an uphill battle. Defining your brand, putting together the right team, finding resources to keep operations going long enough to attract a client base… All of that can be stressful for even the most committed of business owners.
Still, the upside to owning your own business is enormous. Consequently, despite the hardships, everyday people are launching new startup companies.
In my experience, creating a successful startup comes down to a variety of factors. There are some startup essentials, however, that business owners should be aware of to help maximize their odds of success.
Read more >> https://aaronvick.com/7-startup-essentials-you-must-have/
7 Startup Essentials You Must Have
Being an entrepreneur can be a tough challenge, so how can you guarantee the success of your startup? Make sure you know these startup essentials.
Just 20% of new businesses survive their first year of operation.
That statistic is telling of the fact that becoming an entrepreneur is an uphill battle. Defining your brand, putting together the right team, finding resources to keep operations going long enough to attract a client base… All of that can be stressful for even the most committed of business owners.
Still, the upside to owning your own business is enormous. Consequently, despite the hardships, everyday people are launching new startup companies.
In my experience, creating a successful startup comes down to a variety of factors. There are some startup essentials, however, that business owners should be aware of to help maximize their odds of success.
Read more >> https://aaronvick.com/7-startup-essentials-you-must-have/
Thursday, October 17, 2019
How to Patent a Business Method
By: Michael J Foycik Jr.
Oct.18, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
A business method
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.
A business method cannot be copyrighted, but it can sometimes be patented. Specifically, the inventive steps of certain business methods can be patented, and because of this the patent can provide protection far beyond just the specific business method language used.
First, a drawing is made showing the most important steps of the business method as a flowchart diagram. It is usually not necessary to give every detail of the operation of the business method; instead, the main features should be illustrated. The business method should be protected by a utility patent application, since that will cover any type of business method language. This is also sometimes called a “regular” patent application. The business method steps can be explained in words and by the flowchart drawings.
This is a good point to mention that there is also something called a “provisional patent application” that gives patent pending status for one year, permitting a utility patent application to be filed at any time during that year. This is much less expensive, and is recommended when there is an urgent need to get something one file, for example just prior to a trade show or publication. Further below, there is a section called “How to patent using a provisional patent application.”
Read more >> http://internationalpatentservice.com/How-to-Patent-a-Business-Method.html
Oct.18, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
A business method
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.
A business method cannot be copyrighted, but it can sometimes be patented. Specifically, the inventive steps of certain business methods can be patented, and because of this the patent can provide protection far beyond just the specific business method language used.
First, a drawing is made showing the most important steps of the business method as a flowchart diagram. It is usually not necessary to give every detail of the operation of the business method; instead, the main features should be illustrated. The business method should be protected by a utility patent application, since that will cover any type of business method language. This is also sometimes called a “regular” patent application. The business method steps can be explained in words and by the flowchart drawings.
This is a good point to mention that there is also something called a “provisional patent application” that gives patent pending status for one year, permitting a utility patent application to be filed at any time during that year. This is much less expensive, and is recommended when there is an urgent need to get something one file, for example just prior to a trade show or publication. Further below, there is a section called “How to patent using a provisional patent application.”
Read more >> http://internationalpatentservice.com/How-to-Patent-a-Business-Method.html
Tuesday, October 15, 2019
How to transition a side project into a startup
By: Deborah Sweeney
If you’ve got a side project, you might be a fledgling entrepreneur — but just don’t realize it yet.
In 2017, Bankrate released a survey that revealed 44 million Americans claim to have side hustles.
A side hustle (sometimes referred to as a side gig or side project) is essentially a second job. Those working a side project typically seek it out on their own. Side projects also generate a second income, whether the role is becoming a rideshare driver or freelancing as a writer.
This allows gig workers to bring in a little extra money each month that they may use to pay off any debts or add to personal savings.
Read more >> https://www.godaddy.com/garage/how-to-transition-a-side-project-into-a-startup/
If you’ve got a side project, you might be a fledgling entrepreneur — but just don’t realize it yet.
In 2017, Bankrate released a survey that revealed 44 million Americans claim to have side hustles.
A side hustle (sometimes referred to as a side gig or side project) is essentially a second job. Those working a side project typically seek it out on their own. Side projects also generate a second income, whether the role is becoming a rideshare driver or freelancing as a writer.
This allows gig workers to bring in a little extra money each month that they may use to pay off any debts or add to personal savings.
Read more >> https://www.godaddy.com/garage/how-to-transition-a-side-project-into-a-startup/
Monday, October 14, 2019
How to Patent a Plant Species
By: Michael J Foycik Jr.
Oct. 15, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
A plant species
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.
This is very rare, but can be done! The inventive species is identified.
First, a drawing is made showing the inventive species. This is best done by a color photograph.
A claim or claims and an abstract would be added. And, standard text is added including sections titled: background of the invention; summary of the invention; brief description of the drawings; and an abstract of the disclosure. This part is not usually hard to do, but can be time consuming.
Then, a Declaration is prepared showing the name of the inventor and title of the invention. This is from a standard form provided by the US Patent Office.
Last, a cover page including a Transmittal sheet is prepared, listing what is being filed with the US Patent Office. The Transmittal page normally will include a check for the amount of the US government filing fee, and a postcard filing receipt. The check can be omitted, as can the signed Declaration, but in that case the US Patent Office will send a notice asking for those items along with a relatively small late fee.
Read more >> http://internationalpatentservice.com/How-to-Patent-a-Plant-Species.html
Oct. 15, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
A plant species
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.
This is very rare, but can be done! The inventive species is identified.
First, a drawing is made showing the inventive species. This is best done by a color photograph.
A claim or claims and an abstract would be added. And, standard text is added including sections titled: background of the invention; summary of the invention; brief description of the drawings; and an abstract of the disclosure. This part is not usually hard to do, but can be time consuming.
Then, a Declaration is prepared showing the name of the inventor and title of the invention. This is from a standard form provided by the US Patent Office.
Last, a cover page including a Transmittal sheet is prepared, listing what is being filed with the US Patent Office. The Transmittal page normally will include a check for the amount of the US government filing fee, and a postcard filing receipt. The check can be omitted, as can the signed Declaration, but in that case the US Patent Office will send a notice asking for those items along with a relatively small late fee.
Read more >> http://internationalpatentservice.com/How-to-Patent-a-Plant-Species.html
Wednesday, October 2, 2019
How to Protect a Great Startup Idea
By: Claire Lui
So you’ve got a great startup idea and you’re ready to launch the next Instagram or FitBit. The question is, how do you protect your startup idea? The answer is intellectual property, often referred to as IP. IP protection includes a range of laws that can both help and hinder entrepreneurs. But patents, trademarks and copyrights are crucial to a startup’s success. Remember, too, that investors will expect startups to have their IP protection in place before doling out any venture capital.
Intellectual property law is complicated and constantly evolving. Consider these tips a starting point and not a substitute for legal advice. Your best bet for protecting your startup is an experienced IP lawyer.
PATENTS, COPYRIGHTS, TRADEMARKS AND TRADE SECRETS
Start by figuring out what type of intellectual property you need to protect. In the United States, there are four primary ways of protecting intellectual property:
> Patents protect inventions, whether it’s a type of software or a physical object. Patents last for 20 years, though periodic fees will be required.
> Copyrights cover creative works such as novels, films and songs. There are several variables about how long a copyright will last. For “made for hire” work, which is generally the type of work created for small businesses, a copyright will last either 95 years from the year of its first publication or 120 years from its creation, whichever will expire first.
Read more >> https://theriveter.co/voice/how-to-protect-start-up-idea-with-intellectual-property/
So you’ve got a great startup idea and you’re ready to launch the next Instagram or FitBit. The question is, how do you protect your startup idea? The answer is intellectual property, often referred to as IP. IP protection includes a range of laws that can both help and hinder entrepreneurs. But patents, trademarks and copyrights are crucial to a startup’s success. Remember, too, that investors will expect startups to have their IP protection in place before doling out any venture capital.
Intellectual property law is complicated and constantly evolving. Consider these tips a starting point and not a substitute for legal advice. Your best bet for protecting your startup is an experienced IP lawyer.
PATENTS, COPYRIGHTS, TRADEMARKS AND TRADE SECRETS
Start by figuring out what type of intellectual property you need to protect. In the United States, there are four primary ways of protecting intellectual property:
> Patents protect inventions, whether it’s a type of software or a physical object. Patents last for 20 years, though periodic fees will be required.
> Copyrights cover creative works such as novels, films and songs. There are several variables about how long a copyright will last. For “made for hire” work, which is generally the type of work created for small businesses, a copyright will last either 95 years from the year of its first publication or 120 years from its creation, whichever will expire first.
Read more >> https://theriveter.co/voice/how-to-protect-start-up-idea-with-intellectual-property/
Sunday, September 29, 2019
U.S. Trademark Attorney Advice for Chinese Companies to Get U.S. Trademarks
By: Michael Foycik
Sept.30, 2019
The author is a trademark attorney in Washington DC who helps Chinese companies register their trademarks in the US. The author has over 28 years experience in trademarks, trademark applications, and trademark appeals. For further information, please email at mjfoycik@gmail.com, or call at 877-654-3336.
The following is advice from a US attorney, in the field of US Trademark law. From my work assisting companies in China with their US trademark applications, I have the following advice. This may help your company save time, effort, and money.
The main problem is when filing the wrong specimens of use, which can become costly and delay the trademark application. Correct specimens of use are required in US Trademark applications. They are required at the time of initial filing for “actual use” applications, and they are required after allowance in “intent-to-use” applications. The specimen of use should show the trademark attached to the products, or on boxes/packages that contain the products; or on a web site showing the trademark in an actual business. If a web site, ideally there will be an order page.
The description of the goods and services should be specific, as far as possible. It can start with a generic term, followed by one or more specific terms. An example is: “Exercise classes, specifically in the field of stretching and yoga.” The trademark examiner can then more easily accept the description, or alternatively suggest an acceptable version of the description, speeding up the trademark process.
Read more >> http://internationalpatentservice.com/US-Trademark-Attorney-Advice-For-Chinese-Companies-To-Get-US-Trademarks.html
Sept.30, 2019
The author is a trademark attorney in Washington DC who helps Chinese companies register their trademarks in the US. The author has over 28 years experience in trademarks, trademark applications, and trademark appeals. For further information, please email at mjfoycik@gmail.com, or call at 877-654-3336.
The following is advice from a US attorney, in the field of US Trademark law. From my work assisting companies in China with their US trademark applications, I have the following advice. This may help your company save time, effort, and money.
The main problem is when filing the wrong specimens of use, which can become costly and delay the trademark application. Correct specimens of use are required in US Trademark applications. They are required at the time of initial filing for “actual use” applications, and they are required after allowance in “intent-to-use” applications. The specimen of use should show the trademark attached to the products, or on boxes/packages that contain the products; or on a web site showing the trademark in an actual business. If a web site, ideally there will be an order page.
The description of the goods and services should be specific, as far as possible. It can start with a generic term, followed by one or more specific terms. An example is: “Exercise classes, specifically in the field of stretching and yoga.” The trademark examiner can then more easily accept the description, or alternatively suggest an acceptable version of the description, speeding up the trademark process.
Read more >> http://internationalpatentservice.com/US-Trademark-Attorney-Advice-For-Chinese-Companies-To-Get-US-Trademarks.html
Thursday, September 26, 2019
Patents, trademarks display UMMC’s innovation
By: Karen Bascom
At the end of the last fiscal year, the U.S. Patent and Trademark Office issued the University of Mississippi Medical Center two patents and a trademark. Combined with record numbers of intellectual property applications and disclosures, these inventions represent the diversity of approaches our faculty take to advancing science and health care.
The Bench
About one in ten people in the U.S. have some form of chronic kidney disease, which kills about 50,000 Americans yearly.
“Currently, there are no effective treatments to reverse the course of chronic kidney disease,” said Dr. Alejandro Chade, professor of physiology and biophysics.
Chade is the co-inventor of a patent that covers the use of an elastin-like polypeptide, or ELP, to deliver drugs to the kidney. This patents also covers the use of a protein that promotes blood vessel growth in order to slow the progression of kidney disease. Chade, who studies vascular diseases, worked with co-inventor Dr. Gene Bidwell, associate professor of neurology, to create the drug delivery system.
Read more >> https://www.umc.edu/news/News_Articles/2019/09/Patents-and-Trademarks.html
At the end of the last fiscal year, the U.S. Patent and Trademark Office issued the University of Mississippi Medical Center two patents and a trademark. Combined with record numbers of intellectual property applications and disclosures, these inventions represent the diversity of approaches our faculty take to advancing science and health care.
The Bench
About one in ten people in the U.S. have some form of chronic kidney disease, which kills about 50,000 Americans yearly.
“Currently, there are no effective treatments to reverse the course of chronic kidney disease,” said Dr. Alejandro Chade, professor of physiology and biophysics.
Chade is the co-inventor of a patent that covers the use of an elastin-like polypeptide, or ELP, to deliver drugs to the kidney. This patents also covers the use of a protein that promotes blood vessel growth in order to slow the progression of kidney disease. Chade, who studies vascular diseases, worked with co-inventor Dr. Gene Bidwell, associate professor of neurology, to create the drug delivery system.
Read more >> https://www.umc.edu/news/News_Articles/2019/09/Patents-and-Trademarks.html
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