Thursday, February 28, 2019

The 7 Lessons That Proptech Startups Can Learn From Biotech

By: Angelica Krystle Donati

Happy New Year, Forbes readers! For this first column of 2019, I decided to do something a bit different to the articles that I typically write.

Last night, I attended a presentation in Rome (which is where I'm based half of the time), hosted by LUISS university and Confindustria Young Entrepreneurs , by esteemed MIT professor Robert Langer. For those of you who, like myself until a short while ago, had never heard of Professor Langer, he runs the largest biomedical engineering lab in the world, holds the world record for number of patents (over 1350 between those granted and pending) and is the among the 7 most cited individuals in history.

You may be wondering why I'm writing about a chemical engineer in a PropTech column. The reason is this. In the course of his career spanning over four decades, Professor Langer has founded over 40 startups in his field, only one of which is no longer operational. Of the majority that survived, several have been very successful, with record breaking IPOs and multi billion dollar industry exits. The title of his presentation was "what I've learned from founding more than 40 startups", so I decided to see how (if!) these lessons from biotech can translate to PropTech.

Professor Langer gave us  several "science lessons" for a nascent biotech startup. I'm going to try to formulate the PropTech equivalent for the ones I think our sector's startups can learn from.

Build a platform technology you can use for many things. The professor meant this in reference, for example, to the areosol drug delivery system he developed with his company AIR which can be used for a host of drugs, including recent experiments with anti-Parkinsons drugs. This translates quite obviously into PropTech. Though you may, and probably should, start by focusing on a single problem, the scalability of your solution goes hand in hand with the scalability of your buisiness. Several examples come to mind, one being Google's recent investment into AI maintenance chatbot AskPorter, on the premise that their tech can be scaled for use across all steps of the lettings life cycle and is not limited by its current maintenance functionality.

Make sure your results are published with a paper in one of the top journals. In other words… GET MARKET VALIDATION. I was just on a call with a startup and the investor leading the round it just closed (watch this space!), and one of the top drivers for the investment taking place was that the investor was able to get validation on the product's value add by the startup's initial clients who are well respected in the industry. I know getting big-name anchor clients is easy to say and hard to do, but it is crucial in establishing B2B market success. You are probably better off focusing on the big fish and letting the smaller fish swim away for now. In the B2C space, this translates into getting your marketing in early. You should aim to have a user base ready, thanks to intelligent marketing campaigns (and I don't mean Tube ads) before you launch, so that at launch you can jump straight into testing and scaling the product.

Make sure you patent your research. It's a no-brainer in science, of course; if you don't patent your invention, anybody can take it from you. In tech, a lot of the time it's not worth patenting your product. That being said, you should strive to make your product irreplicable, through the complexity of the underlying technology, you market share lead on your competitors, or both. Otherwise, you will end up like the poor scientists who never patented their groundbreaking invention.

Obtain in vivo proof of principle. In other words, make sure it works and have evidence to prove it. This is the most important lesson any innovator can take home. Your product, be it a drug or a new polymer or a PropTech solution, needs to be seen to work if you want to sell it. It's a statement of the obvious, but many startups fear putting their product out for testing because they are worried it won't be understood, or that they were wrong in their assumptions and will need to start over. I've seen companies do a full blown launch of their tech without having bothered to get potential users to test it beforehand. You can get lucky, but more often than not, you won't. A good principle we should all take home from this is not to be afraid to see if what we think may work actually works in the real world, and to do it sooner rather than later in the development process.

Read more >> https://www.forbes.com/sites/angelicakrystledonati/2019/01/10/the-7-lessons-that-proptech-startups-can-learn-from-biotech/#4cb83d7668fb

Wednesday, February 27, 2019

How to Patent an Idea

By: Michael J Foycik Jr.

The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
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. The chances of success are unpredictable, and vary depending on the invention itself and the specific examiner who examines it for the US Patent Office. Call for a price quote for a specific inventive idea, there is no risk or obligation.

Read more >> http://internationalpatentservice.com/How-to-Patent-an-Idea.html

Sunday, February 24, 2019

The Truth Nobody Tells You About Startup Budgeting

By: Tracy Leigh Hazzard

So many startups are so eager to throw money into anything they believe will speed up the launch process. More seasoned experts know that intellectual property, patents, trademarks, copyrights, content, and products should all be assets that hold value, rather than sinkholes. You need to have an investment plan for all of this. That means every single spending point along the way should be detailed in your investment plan and budget. The problem with this is that, unless you are spending thousands on an expert, which you probably cannot afford in the beginning, who knows how much you should budget for things like patents, marketing, prototyping, research, and design? This is what we are going to break down today.

Scrounging and Spending: Why? What? When?
The first thing you need to be able to determine is whether or not an item is an asset or a liability, so you can learn when to scrounge, and when to spend, and when you are spending, how much you should be dropping. Remember, when discerning between the two, assets always add value while liabilities oftentimes eat up resources without adding value back in.

The Importance of Research and Design
 It is no secret that startups that spend on research and design, especially forward-thinking research and design in their product categories, out-profit every other brand in their category. Every other brand in their category has less value both in the marketplace and in sales. As you build your brand, compare yourself to bigger brands in your category. If you're competing in a marketplace with Apple, for example, then you're going to have to spend a pretty steep amount on research and design. Apple spends between 20 and 25 percent of its overall revenue budget on research and design. In my early days at Herman Miller, they had an entire research division that built assets for the business.

Content-based assets. Research and white papers that help to boost the sales of existing products would be considered assets. Herman Miller researched the power of ergonomics, the comfort levels of office chairs, and so on, with the hope that this research might lead to aha! moments in which they might come up with new ideas and new projects to initiate. They also knew this content would help sell existing products.

Proprietary technologies. Any competitive advantage that is specific to what you are selling has an extreme value because that doesn't expire in 17 to 20 years. So in this case, the more research and design you put into your proprietary technologies and processes, the more value your company has.

Intellectual property and patents. You need to spend the money on the product and delay your patent costs until the product is actually launched and you have some revenue generating. Don't get excited by a piece of paper with a seal and bankrupt your funds unnecessarily. Set this piece into your timeline and budgeting plan in the appropriate place, and be patient. Your patent is not an asset if you don't have sales proof.

For All of the Above: Follow My 2 Percent Rule
You should never spend more than 2 percent of your money on intellectual property costs, like patents and trademarks. If your research and design tasks are the product and you need to do models and staff designers (in house or out), you should consider doubling that and coming in at overall cost under 5 percent. Whether that's hiring designers, having in-house staff, lawyers, legal fees to file patents, filing copyrights, filing trademarks...those are all included in that 2 to 5 percent.


In my experience, the necessary budget for a consumer product startup to actually get to market falls between $80,000 and $100,000.

Sales and Budgets Grow Up Together
As your sales grow, you also want that budget to grow up as well, because you want to make sure that you're ahead of the market and product cycles, that you're doing research in your category, that you are understanding your marketplace, and that you've got a strong consumer understanding. Think about what this research and time might cost, project it out, and then figure out where you need to be in your revenue stream to afford these things. Reverse engineer your budget to make sure there aren't gaps or holes you hadn't considered.

If you hit into more than 20 percent of your overall budget on research and design, modeling, prototyping, patents, and filings, without sales revenue growth already happening, you've overspent and are likely going to run out of money. Launching a startup is more cross country, less hundred-meter dash. You've got to be in it for the long haul, and to stay in it, you have to be able to fund the full needs of your launch.

Source >> https://www.inc.com/tracy-leigh-hazzard/how-to-budget-your-startup-so-you-dont-run-out-of-money.html

Thursday, February 21, 2019

Ways To Make Money From Your Patent

By: Michael J Foycik Jr. 
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.

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.

As you accumulate more and more licensees, you will approach larger and larger infringers. The more licensees you have, the easier it is to sign on bigger companies as licensees. And, you can ask form somewhat larger royalty amounts. Having ten licensees, for example, is a persuasive factor to a company you approach for royalties, when that company is deciding whether or not to risk being sued for infringement. By this time, the royalty demands should be in the 6% to 9% range.

The largest infringers are saved for last. For those companies, seeing your list of licensees suggests you will have substantial reserves in case of litigation. It is much easier, by this point, to persuade them to pay the higher royalties in the range of 10% to 18%.

Market Your Invention the Easy Way – Consignment Sales 
If you are able to make products embodying the invention, it makes sense to make small batches of those products. Many stores will carry the products, if you offer them on consignment.

So, what is a consignment sale? This occurs when you offer the goods to a retailer for a period of time, say one week, and at the end of the period the retailer either returns the items or pays a percentage of the selling price for each one sold.

Read more >> http://internationalpatentservice.com/Ways-To-Make-Money-From-Your-Patent.html

Monday, February 18, 2019

Singapore lowers filing fees for Intellectual Property Protection

By: Ashraf Jamal

Singapore has lowered the application filing fees for Intellectual Property Protection. From April 1, 2017 businesses and entrepreneurs will enjoy substantial cost savings when they file for patent and trade mark protection with the Intellectual Property Office of Singapore (IPOS) through lowered application fees.

This is part of IPOS’ efforts to support innovators and make IP protection more affordable for them, in keeping with our vision to help drive innovation in Singapore.

It is pertinent to mention that IPOS reviews fees regularly to keep them competitive with other countries, and encourage domestic innovation.

From 1 April 2017, fees will be reduced for anyone requesting for patent search and examination reports. In addition, brand owners applying for trademarks using a pre-approved list of goods and services will enjoy a substantial 30 per cent discount. To discourage IP hoarding, which can stifle innovation, fees for renewing patents and trademarks will see an upward adjustment – the first in about a decade for trademarks.

At the same time, patent owners who are willing to offer their patents for licensing will continue to enjoy a 50 percent discount in patent renewal fees. This will encourage IP owners to actively use their patents, or consider releasing them to the public domain, so as to fuel further innovations.

With the fees adjustment, Singapore remains as one of the most attractive countries for IP filing, with competitive rates compared to other major jurisdictions such as Korea, Japan,China,USA and Australia.

Desmond Tan, Patent Attorney of Davies Collison Cave, said, “Given the current uncertain economic and political outlook, the fees review is timely. My clients who want to build a competitive edge through IP in today’s highly globalised innovation economy will be encouraged to know that IPOS has taken steps to address their cost concerns and help them in midst of challenging environment.”

Daren Tang, Chief Executive of IPOS, said, “Singapore’s innovation scene is becoming more vibrant, with more companies and start-ups seeking to create business value through IP. The fee revisions make it easier and cheaper for them to protect their brands and technology. We hope that more of our creative enterprises and inventors will be encouraged by these changes to have a strong foundation for taking their ideas to the world.”

Read more >> https://www.connectedtoindia.com/singapore-lowers-filing-fees-for-intellectual-property-protection-578.html

Saturday, February 16, 2019

How to Get a Patent

By: Michael J Foycik Jr. 
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.

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.

If working with a US Patent Attorney or US Patent Lawyer, something which is highly recommended, this information may be enough to start. The US Patent Attorney will then draft a more detailed version of the invention in the format required by the US Patent Office, referred to below as the USPTO (which is short for US Patent and Trademark Office).

What will the US Patent Attorney add to help the invention? Good question! The US Patent Attorney will provide the correct wording for various elements, and will provide a set of claims to set forth the legal rights proposed for the invention. Proper drafting of the specification and claims requires good knowledge of current laws and legal case decisions. It should include proper use of “means for” language which may need to be present in the claims and specification, and must be properly supported by an explanation of equivalent structures or functional elements. The US Patent Attorney can provide additional language to encompass or add features which would be known to anyone having skill in the art, in order to broaden the scope of the resulting claims.

Read more >> http://internationalpatentservice.com/how-to-get-a-patent.html

Thursday, February 14, 2019

Intellectual Property Know-How for Small Businesses - Bristol

By: Export for Growth

Description
Why do Patents, Trademarks, Registered Design and Copyright matter anyway?

Intellectual Property (IP) covers so much more than just inventions and relates to any form of original creation. If you own a business you will own some form of IP and this can potentially account for over 70% of your business’ value.

While your business may have been operating without any IP issues so far, imagine receiving a letter asking you to stop using your company name as it infringes somebody else’s trademark, or further down the line, finding out that the value of your business is dramatically reduced because its IP isn’t protected. It matters even more when taking your business overseas as IP is an essential element of your export strategy.

We can help you prevent this from happening, and protect your business from any IP pitfalls. Attend this interactive, informative (and even entertaining at times!) half-day workshop to start your IP education and take the steps needed to protect your business, and prepare you for export.

On the day IP experts will lead you through several hands-on exercises specifically designed to educate and prepare you to fully protect your company from IP risk.


This excellent event will fill up quickly, so book your place today!

There may also be an opportunity for you to fund the next step of your international sales journey with a £1,000 bursary, which can be used for a variety of activities, such as internationalising your website, commissioning market research reports, running international social media advertising campaigns or visiting an overseas market or trade show. Eligibility critera applies.

The Intellectual Property Know-How for Small Businesses is organised in partnership between the Business West and The West of England Growth Hub. The data collected will be shared with the two organisations for the purpose of processing your booking, managing and following up the event. #wegrowthhub #intellectualproperty



We take your data very seriously and are committed to the privacy and security of it. This event is delivered on behalf of The Ministry of Housing, Communities and Local Government (MHCLG), and the Department for International Trade and their privacy policies are available at MHCLG Privacy Notice and DIT Personal Information Charter.

Source  >> https://www.eventbrite.co.uk/e/intellectual-property-know-how-for-small-businesses-bristol-tickets-54652827077

Tuesday, February 12, 2019

How Much Does A Patent Cost?

By: Michael J Foycik Jr. 
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.

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.

This type of rejection is fairly normal. To attempt to overcome such a rejection, the response can be filed which changes the claims to avoid the prior art, and/or presents arguments to distinguish the invention in the patent application from the prior art.

Sometimes such a rejection can be overcome by a telephone call to the patent examiner; in those cases the cost is at the hourly rate of $100. Such calls are usually short and to the point, especially if the call is to authorize an examiner's amendment which will result in allowance of the application.

Read more >> http://internationalpatentservice.com/how-much-does-a-patent-cost.html

Sunday, February 10, 2019

Common IP Issues Facing Startups and How to Avoid Them

By: JOANNA JANA LAZNICKA

Over the years of consulting startups I have ran into times where I needed to call Mark Leonard of Davis & Leonard LLP.  Mark is a top notch attorney focusing on trademark and copyright registration, general intellectual property (IP) counseling, e-commerce, licensing, and litigation in the areas of trademark and copyright infringement, computer intrusion, Trademark Trial and Appeal Board proceedings, and ICANN Internet domain name disputes.

Often when calling Mark it is in situations that could have been avoided by the startup founders and management if they had considered IP issues in their initial business planning.  Such hiccups can be very serious and are a clear black mark in the history of the startup which becomes a liability when looking for angel or venture capital funding.

Not only does it become a problem when looking for funding it also pulls founders’ and staffs’ time and resources from growing the company to fighting a lawsuit.

To help startups educate themselves before they get into hot water Mark has taken his time to let us interview him on common IP issues facing startups.

Joanna: When choosing a name for a new company what are some common mistakes startups make?

Mark: One of the top mistakes I see startups make is failing to conduct a comprehensive trademark search prior to launching the company.  This is likely because there are a number of myths that cause businesses to believe a search is unnecessary.  For business names, a very prevalent myth is that there is no need to search if the Secretary of State’s office approves the name of a corporation or limited liability company.  The Secretary of State’s name approval process uses criteria different from trademark law and only checks against corporate and limited liability names registered with that state.  It does not does not consider federally registered marks, partnerships, sole proprietorships, business entities in other states, or even state trademark registrations.  It is not uncommon for  trademark conflicts to arise between businesses in the same state that have both had their names approved by the Secretary of State.

A second myth is that it is sufficient if no identical matches are found after searching a mark on the Internet or United States Patent and Trademark Office (“USPTO”) records.  Trademarks need not be identical for a conflict to arise, phonetic similarity or similar meanings are sufficient.  These searches are also incomplete because trademark rights are acquired through use not registration and many businesses do not advertise on the Internet.  Thus, these searches may miss potential conflicts.

Startups should also be wary of mass market legal service companies that offer trademark registration services.  These companies often generate voluminous search reports, but because they cannot give legal advice there is no explanation as to whether the reports show any potential conflicts or not.  Startups should work with an experienced trademark attorney to conduct a comprehensive trademark search early in their business planning process to ensure the chosen name for their business, product, or service does not conflict with another trademark.

Read more >> http://vc-list.com/common-ip-issues-facing-startups-and-how-to-avoid-them/

Thursday, February 7, 2019

US & USPTO Patent - General Information

By: Michael J Foycik Jr. 
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.

US & USPTO 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.

The Role of the USPTO in Examining the Patent Application
The US Patent Application is examined in due course by a patent examiner. The US patent examiner will be an expert in the particular art in which the invention resides. The US patent examiner will search the prior art patent literature, and will make a search report and send it to the inventor along with a first Office Action on the merits.

If an invention is finally rejected, that rejection can be appealed. In that case, it is taken up for review by a board of appellate examiners. Each appellate examiner is likely to be a USPTO Patent Attorney or USPTO Patent Lawyer. If the appeal is refused, it can be taken further to a US District Court, in which case the USPTO is represented by the Solicitor’s Office. In that case, the Solicitor in Court will be a USPTO Patent Lawyer or USPTO Patent Attorney. Such higher appeals are not frequent, but are more likely to occur when the invention is particularly valuable.

Read more >> http://internationalpatentservice.com/US-USPTO-Patent.html

Wednesday, February 6, 2019

How to Use IP to Add Value to Your Startup

By: Patrick Jones

What is “IP?”

The first questions a startup should ask are: What is “intellectual property,” and does my company have any “intellectual property” that can be protected and is worth protecting? The World Intellectual Property Organization (WIPO) defines “intellectual property” as “creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.” This may include the name of your company name or its brand, its logo, any patentable processes, and designs which enable your company to earn recognition or financial benefit from what it invents or creates.

There are three primary ways in which a startup (or any other entity) can protect its intellectual property: (1) patents, (2) trademarks, and (3) copyrights.

Patents

A patent is a government-granted monopoly that provides an exclusive right to make, use, and sell a particular invention for a period of 20 years from the date the patent application is filed at the United States Patent and Trademark Office (USPTO). In order to obtain a patent, the patent application must demonstrate that the invention constitutes patentable subject matter, and that the invention is new, non-obvious, and useful.

Patent applications can be costly (approximately $10,000 per application), and can take more than a year to prosecute, which is one of the reasons that companies without a confirmed patent often state that they have a “patent pending.” Once a patent is obtained, however, it can be an exponentially valuable weapon in protecting a company’s inventions and marketplace, e.g., Amazon.com’s “one click” shopping, or “sliced bread.”

Trademark

A trademark is a name (“McDonald’s”), logo (the “golden arches”), or slogan (“I’m lovin’ it.”) that serves to associate a specific product or service with a specific company. A trademark owner can protect its trademark in the U.S. by registering the mark with the USPTO and globally by registering with the WIPO.

In order to register a trademark, the mark must be distinctive and must be used consistently in commerce by the applicant, and cannot already be in use by another entity in association with the same or similar type of goods or services.

The legal expense of applying for a trademark is approx. $750, with additional filing fees for separate categories, such as retail, restaurant, etc., depending on the breadth of the services or products that the startup seeks to associate with the mark.

Copyright

Copyright protection is afforded to “original works of authorship.” Copyrightable works include, for example, literature, music, plays, choreography, pictorial works, graphics, sculptures, motion pictures, games, architectural works and, in some cases, software. Copyright protection includes the right to reproduce, distribute, and publicly perform the copyrighted work. Copyright arises automatically upon the creation of a work of authorship, but in order to sue for copyright infringement, the copyright must be registered with the U.S. Copyright Office.

How IP Adds Value to a Startup

Protectable IP is crucial to a startup on several levels. Startups compete against other startups and existing companies for (i) customers and market share, and (ii) investment from angels, venture capitalists, and other established investors. Protectable IP can help a startup succeed in both areas. In some cases, protectable IP can differentiate a startup’s service or product and aggressively protect against competition for customers and market share.

Additionally, one of the most important factors investors look at in making their investment decisions is IP. In many cases, a startup’s IP is its most valuable asset that can increase the valuation of a startup, sometimes by multiples of two, three, and even four. In these instances, the investment in IP will be well worth the initial hardship that it may cause by paying quick and immediate returns in terms of increased valuation and investment. Taking steps to protect your IP will also give clients, competitors, and other stakeholders a sense of assurance that your company is committed to long-term success.

Read more >> https://www.upcounsel.com/blog/use-ip-add-value-startup

Tuesday, February 5, 2019

International Trademark Classes

By: Michael J Foycik Jr. 
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.

International Trademark Classes
INTERNATIONAL TRADEMARK CLASSES OF GOODS AND SERVICES 
GOODS

Class 1 - Chemicals 
Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry.

Class 2 - Paints 
Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists.

Class 3 - Cosmetics and cleaning preparations 
Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.

Class 4 - Lubricants and fuels 
Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles, wicks.

Class 5 - Pharmaceuticals 
Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.

Class 6 - Metal goods 
Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores.

Class 7 - Machinery 
Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements; incubators for eggs.

Class 8 - Hand tools 
Hand tools and implements (hand operated); cutlery; side arms; razors.

Class 9 - Electrical and scientific apparatus 
Scientific, nautical, surveying, electric, photographic, cinematographer, optical, weighing, measuring, signaling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus.

Class 10 - Medical apparatus 
Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopedic articles; suture materials.

Read more >> http://internationalpatentservice.com/trademark-classes.html

Monday, February 4, 2019

What is Intellectual Property?

By: Kelley Keller

Every business has intellectual property which has the potential to be extremely valuable.
In simplest terms, intellectual property (often referred to as “IP”) is a type of intangible asset for your business that includes your ideas, inventions, creations and secrets that give you a competitive advantage in the marketplace. Intellectual property is protected by trademark, copyright, patent and trade secret laws.

Intellectual property laws date all the way back to the U.S. Constitution, which gives Congress the authority to, “promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors, the exclusive Right to their respective Writings and Discoveries.” Art. 1, sec. 8, cl. 8.

While some intellectual property laws have been slow to change with the times, they still exist as a way to enable creators and inventors to leverage their ideas and inventions for profit or for the public good. In other words, just because someone might not like the rules, doesn’t mean he or she is allowed to break them. Only the owner of intellectual property can decide what becomes of it and who can use it and profit from it.

The Types of Intellectual Property
Intellectual property falls into four categories: trademarks, copyrights, patents and trade secrets.

Trademarks
Trademarks identify the source of goods or services in the marketplace. The purpose is to ensure there is no confusion about who is providing a good or service to consumers.

A trademark is a distinctive word or symbol (or combination) that indicates the origin of products or services. For example, the Nike swoosh, the AT&T globe, the McDonald’s arches, and the Disney logo are all trademarked symbols. Brand names like Starbucks, iPhone and Google are examples of trademarked words. There are also trademarks for distinctive shapes and package design (called “trade dress” like the Coca-Cola hourglass bottle), colors (like Tiffany blue), sounds (like the MGM lion’s roar), and scents (but this is very uncommon).
Trademarks live forever as long as the trademark holder continues to use the mark properly in commerce (and files the right paperwork with the U.S. Patent and Trademark Office). That means for the life of the mark, the trademark holder can exclusively use the mark in commerce and stop others from doing so. Counterfeit goods, websites, social media profiles, store fronts and anything else that uses the trademarked word or symbol in a manner that could confuse consumers would be a trademark infringement. The rights holder can not only stop the infringer but also collect fines and more.

What do you think Nike would do if a company started selling athletic wear with a name like Nikee on it that included a similar (but not exactly the same) swoosh symbol? They’d take action to stop that company because it’s a trademark infringement. Under U.S. trademark laws, you have the exact same rights as a small business when you register a trademark.

How would you feel if another company started using the same name as yours to sell similar goods and services? They could start taking profits from you if consumers think they’re actually buying from your company but mistakenly buy from the trademark infringer. That company is trading on your brand reputation and good will, and that’s illegal.

Don’t wait for it to happen to you. Register your trademarks now (and get help filling out the application so you get the protection you need). Furthermore, don’t make the mistake of assuming registering your business name (i.e., trade name) with your state is enough. Trademarks and trade names are not the same!

Read more >> https://smallbiztrends.com/2016/03/what-is-intellectual-property.html