By: Admin
Microsoft today announced a major expansion of its Azure IP Advantage program, which provides its Azure users with protection against patent trolls. This program now also provides customers who are building IoT solutions that connect to Azure with access to 10,000 patents to defend themselves against intellectual property lawsuits.
What’s maybe most interesting here, though, is that Microsoft is also donating 500 patents to startups in the LOT Network. This organization, which counts companies like Amazon, Facebook, Google, Microsoft, Netflix, SAP, Epic Games, Ford, GM, Lyft and Uber among its well over 150 members, is designed to protect companies against patent trolls by giving them access to a wide library of patents from its member companies and other sources.
“The LOT Network is really committed to helping address the proliferation of intellectual property losses, especially ones that are brought by non-practicing entities, or so-called trolls,” Microsoft CVP and Deputy General Counsel Erich Andersen told me.
This new program goes well beyond basic protection from patent trolls, though. Qualified startups who join the LOT Network can acquire Microsoft patents as part of their free membership and as Andresen stressed, the startups will own them outright. The LOT network will be able to provide its startup members with up to three patents from this collection.
There’s one additional requirement here, though: to qualify for getting the patents, these startups also have to meet a $1,000 per month Azure spend. As Andersen told me, though, they don’t have to make any kind of forward pledge. The company will simply look at a startup’s last three monthly Azure bills.
“We want to help the LOT Network grow its network of startups,” Andersen said. “To provide an incentive, we are going to provide these patents to them.” He noted that startups are obviously interested in getting access to patents as a foundation of their companies, but also to raise capital and to defend themselves against trolls.
Microsoft joins the LOT Network to help fight patent trolls
The patents we’re talking about here cover a wide range of technologies as well as geographies. Andersen noted that we’re talking about U.S. patents as well as European and Chinese patents, for example.
Read more >> https://xtechnews.com/2019/03/28/microsoft-gives-500-patents-to-startups/
Sunday, March 31, 2019
Friday, March 29, 2019
Trademark Application Tips, and Some Ways to Avoid Pitfalls
By: Michael J Foycik Jr.
May 12, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Filing a trademark application? That may seem easy, but mistakes can be costly later, during the examination phase. Here are a few helpful tips, and a few pitfalls to avoid.
After a trademark application is filed, the U.S. Trademark Office conducts an examination of the application. For example, if there is both an objection and a refusal to register the mark, then a response will be necessary to meet the objection and to overcome the refusal to register. This happens frequently, and an experienced trademark attorney will likely know just what to do when writing the response.
In my experience, it pays to respond to every office action. Many issues are within the range of discretion of the trademark examining attorney, and good legal arguments in support of the trademark may well be persuasive. Some firms charge substantial sums of money to prepare responses, and other firms might charge much less - therefore it may pay to shop around.
A helpful tip: before filing a trademark application, find a cost effective trademark attorney. It is wise to assume things may not always go smoothly or quickly.
Another tip: select the best type of trademark application. There are two types: intent-to-use applications, and actual use applications. Both cost the same to file. The intent-to-use application can be filed long before actual use occurs, but there is a later government fee when completing the intent-to-use application. The trade off is that completing the intent-to-use application requires a statement of use or allegation of use, together with a specimen of use and an additional government fee. If an actual use application can be filed based on actual use in interstate commerce, then it will save money to do so.
It pays to know what types of problems come up during the examination phase. Some problems that may come up: the trademark examiner may raise objections due to a similar prior mark, may object to the mark based on descriptiveness or misdecriptiveness of the mark, may object to the mark as having an improper geographical reference, and may object to the listing of the goods/services. There are other possible grounds of objection too.
In light of the above, another cost saving tip is this: have an experienced trademark attorney look at the mark prior to filing, just to see if there is something that jumps out. You probably wouldn't want to spend money to file an application if it was certain to fail. Here, too, it often pays to shop around. Some attorneys would charge quite a bit just to look at the mark, whereas others might take an interest and provide helpful comments at little or no additional charge. Trademark owners have reported a wide range of fees, some fees being reasonably low and some fees being unexpectedly high.
Read more >> http://internationalpatentservice.com/Trademark-Application-Tips-and-Some-Ways-to-Avoid-Pitfalls.html
May 12, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Filing a trademark application? That may seem easy, but mistakes can be costly later, during the examination phase. Here are a few helpful tips, and a few pitfalls to avoid.
After a trademark application is filed, the U.S. Trademark Office conducts an examination of the application. For example, if there is both an objection and a refusal to register the mark, then a response will be necessary to meet the objection and to overcome the refusal to register. This happens frequently, and an experienced trademark attorney will likely know just what to do when writing the response.
In my experience, it pays to respond to every office action. Many issues are within the range of discretion of the trademark examining attorney, and good legal arguments in support of the trademark may well be persuasive. Some firms charge substantial sums of money to prepare responses, and other firms might charge much less - therefore it may pay to shop around.
A helpful tip: before filing a trademark application, find a cost effective trademark attorney. It is wise to assume things may not always go smoothly or quickly.
Another tip: select the best type of trademark application. There are two types: intent-to-use applications, and actual use applications. Both cost the same to file. The intent-to-use application can be filed long before actual use occurs, but there is a later government fee when completing the intent-to-use application. The trade off is that completing the intent-to-use application requires a statement of use or allegation of use, together with a specimen of use and an additional government fee. If an actual use application can be filed based on actual use in interstate commerce, then it will save money to do so.
It pays to know what types of problems come up during the examination phase. Some problems that may come up: the trademark examiner may raise objections due to a similar prior mark, may object to the mark based on descriptiveness or misdecriptiveness of the mark, may object to the mark as having an improper geographical reference, and may object to the listing of the goods/services. There are other possible grounds of objection too.
In light of the above, another cost saving tip is this: have an experienced trademark attorney look at the mark prior to filing, just to see if there is something that jumps out. You probably wouldn't want to spend money to file an application if it was certain to fail. Here, too, it often pays to shop around. Some attorneys would charge quite a bit just to look at the mark, whereas others might take an interest and provide helpful comments at little or no additional charge. Trademark owners have reported a wide range of fees, some fees being reasonably low and some fees being unexpectedly high.
Read more >> http://internationalpatentservice.com/Trademark-Application-Tips-and-Some-Ways-to-Avoid-Pitfalls.html
Thursday, March 28, 2019
5 Startup mistakes you can avoid
By: LegalZoom Staff
Hindsight may be 20/20 but who doesn’t want to avoid making mistakes when possible? In business, mistakes can cost you money, customers, and even your hard-earned brand. However, there are missteps that can easily be avoided with the right preparation and awareness.
Waiting too long to delegate
As a leader, your role is to inspire your team with your long term vision, innovation, and planning. In the nascent stages of your company, you wear many functional hats, and perform many roles. As the business grows, you need people to manage different areas and specialists who’ll add their expertise to your management team. Bring on team members with skills that are different than yours and give them the tools they require to execute. The ability to successfully manage is different than the ability to lead. Relinquish the management role to someone who has proven experience so you can focus on exploring new opportunities.
Not learning from failures
Failures in a growing startup are par for the course, no matter the business. Every failure is an opportunity to learn and grow, and when things veer off-track, be nimble and open to pivoting if necessary. When you remove fear of failure, teams are free to move forward, innovate, experiment, and flex their creative muscle. Minimize people’s natural aversion to risk and instill a culture of continuous learning in which the lessons learned are used to improve the business.
Not protecting your intellectual property
You’ve worked hard to build out your business so it’s crucial you protect intangible assets like your name, logo and, if you’re a designer or inventor, your creation. Everyone starts small, but protecting your intellectual property is important when planning long-term. The theft of intellectual property is a rampant problem, and patent, trademark, and copyright protection are your best bet against what could amount to a significant financial loss.
Read more >> https://www.legalzoom.com/blog/5-startup-mistakes-you-can-avoid
Hindsight may be 20/20 but who doesn’t want to avoid making mistakes when possible? In business, mistakes can cost you money, customers, and even your hard-earned brand. However, there are missteps that can easily be avoided with the right preparation and awareness.
Waiting too long to delegate
As a leader, your role is to inspire your team with your long term vision, innovation, and planning. In the nascent stages of your company, you wear many functional hats, and perform many roles. As the business grows, you need people to manage different areas and specialists who’ll add their expertise to your management team. Bring on team members with skills that are different than yours and give them the tools they require to execute. The ability to successfully manage is different than the ability to lead. Relinquish the management role to someone who has proven experience so you can focus on exploring new opportunities.
Not learning from failures
Failures in a growing startup are par for the course, no matter the business. Every failure is an opportunity to learn and grow, and when things veer off-track, be nimble and open to pivoting if necessary. When you remove fear of failure, teams are free to move forward, innovate, experiment, and flex their creative muscle. Minimize people’s natural aversion to risk and instill a culture of continuous learning in which the lessons learned are used to improve the business.
Not protecting your intellectual property
You’ve worked hard to build out your business so it’s crucial you protect intangible assets like your name, logo and, if you’re a designer or inventor, your creation. Everyone starts small, but protecting your intellectual property is important when planning long-term. The theft of intellectual property is a rampant problem, and patent, trademark, and copyright protection are your best bet against what could amount to a significant financial loss.
Read more >> https://www.legalzoom.com/blog/5-startup-mistakes-you-can-avoid
Tuesday, March 26, 2019
Myths and Misconceptions About International Patent Applications
By: Michael J Foycik Jr.
May 9, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Wondering about filing an international patent application? There are some myths and misconceptions about international patent applications, including what that phrase even means. Let's talk about that.
Myth: an international patent application can be filed that, when granted, turns into a patent giving patent rights in all countries. Fact: there is no such thing. This is probably the biggest patent myth.
Misconception: a PCT application is like a US patent application, and can turn into an issued patent. Fact: a PCT application is more like a bookmark in time, holding the date for other, later applications called “national stage” applications. A short explanation about PCT applications is in the following paragraph.
Most would think “PCT application” (Patent Cooperation Treaty application) when talking about international patent applications. Yet it is not a traditional application in the usual sense of that word, and so is a little tricky to understand. A PCT application is like a US patent application in some ways: it grants “patent pending” status; it confers rights to its filing date as a priority date for filing other patent applications; and, it grants a period of time in which to file other patent applications. However, it is unlike a US patent application in that it does not directly mature into a patent, and the time period conferred is different.
Misconception: a foreign patent is equivalent to a US patent. Fact: the protection afforded by a granted patent differs widely among countries. For example, a US patent confers protection that is considered very broad, and legal rights are as strong as other property rights. In some countries, a granted patent may have little practical value, or may be costly to enforce, or may only cover what is specifically shown and not variations. It is important to know the legal rights conferred in a specific country, before filing a patent application there.
Read more >> http://internationalpatentservice.com/Myths-and-Misconceptions-About-International-Patent-Applications.html
May 9, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Wondering about filing an international patent application? There are some myths and misconceptions about international patent applications, including what that phrase even means. Let's talk about that.
Myth: an international patent application can be filed that, when granted, turns into a patent giving patent rights in all countries. Fact: there is no such thing. This is probably the biggest patent myth.
Misconception: a PCT application is like a US patent application, and can turn into an issued patent. Fact: a PCT application is more like a bookmark in time, holding the date for other, later applications called “national stage” applications. A short explanation about PCT applications is in the following paragraph.
Most would think “PCT application” (Patent Cooperation Treaty application) when talking about international patent applications. Yet it is not a traditional application in the usual sense of that word, and so is a little tricky to understand. A PCT application is like a US patent application in some ways: it grants “patent pending” status; it confers rights to its filing date as a priority date for filing other patent applications; and, it grants a period of time in which to file other patent applications. However, it is unlike a US patent application in that it does not directly mature into a patent, and the time period conferred is different.
Misconception: a foreign patent is equivalent to a US patent. Fact: the protection afforded by a granted patent differs widely among countries. For example, a US patent confers protection that is considered very broad, and legal rights are as strong as other property rights. In some countries, a granted patent may have little practical value, or may be costly to enforce, or may only cover what is specifically shown and not variations. It is important to know the legal rights conferred in a specific country, before filing a patent application there.
Read more >> http://internationalpatentservice.com/Myths-and-Misconceptions-About-International-Patent-Applications.html
Monday, March 25, 2019
Intellectual Property Considerations When Making Things Public
By: Julie Reed
You’re full of enthusiasm and excitement! You have a new company, a new product, a new discovery, or all three. Your people want to shout it from the rooftops and plaster it all over your website. Of course they do! Who wouldn’t? But take a deep breath and spend five or ten minutes ensuring that you will not jeopardize anything. Some things for you to consider:
Your company sells widgets, and your people came up with a cool company name. You checked the Oregon State register of businesses and made sure that no one else uses that name. Great! Did you check the trademark listings at the United States Patent and Trademark Office? No one in Oregon uses that name, but if you plan to sell products on the Internet using a website address including your company name, you could be walking into trouble. You may discover that a company in some other state has a registered federal trademark for your company name or a similar name, and that company sells widgets too. If you put your website up with that name and start selling widgets, the other company may send you a letter informing you of its trademark. Your choice: fight the suit ($$$) or change your company name. Yikes!
A similar problem can occur with identity materials used to build your brand. The brand campaign may have particular images and colors that you want to become associated with your company. A quick check to make sure that none of them are too close to well-known brands and images can save you a lot of time and hassle later. No swooshes, no golden arches, no NFL team colors.
All of this applies to new product names. Say that another company sells a product called the Widget 2 and has a registered trademark for that name. Your product manager gets over enthusiastic about your company’s newest product, the Widget 2.0. He’s plastered product announcements all over your website without checking. Whoops. Here comes the letter from the owners of the Widget 2 trademark.
Speaking of the Widget 2.0, did you file a patent application on the unique features and capabilities of the product? Or did you blog about a discovery that was eventually included in the Widget 2.0? It’s okay; the U.S. patent laws give you a year to file a patent application after either a public disclosure of the invention or an offer for sale of products containing the invention. So get the application filed! And keep an eye on your blog . . .
And finally, let’s talk about your website. Your web designer found a photograph to use as part of your webset. Maybe the widgets are for mountain climbing and she found a stunning picture of a mountain online, downloaded it and put it on your website. Hmmm. Was it a free photograph? Even if it didn’t cost anything, does it require attribution identifying the photographer or other copyright owner? Did she put the attribution on your website? Photographers may offer images for free as long as the website identifies them, but not identifying the photographer can result in a nasty letter from a law firm and a hefty fee to ensure that the photographer doesn’t file suit. If your web designer did pay for the photograph, keep the records of the date and time of download and the payment, just in case.
Keep your excitement and your enthusiasm! Promote your new business, your new product, your new discovery! Just take a second, make some checks, maybe make some changes, and then throw the party!
Source >> https://www.oen.org/2019/03/14/intellectual-property-considerations-making-things-public/
You’re full of enthusiasm and excitement! You have a new company, a new product, a new discovery, or all three. Your people want to shout it from the rooftops and plaster it all over your website. Of course they do! Who wouldn’t? But take a deep breath and spend five or ten minutes ensuring that you will not jeopardize anything. Some things for you to consider:
Your company sells widgets, and your people came up with a cool company name. You checked the Oregon State register of businesses and made sure that no one else uses that name. Great! Did you check the trademark listings at the United States Patent and Trademark Office? No one in Oregon uses that name, but if you plan to sell products on the Internet using a website address including your company name, you could be walking into trouble. You may discover that a company in some other state has a registered federal trademark for your company name or a similar name, and that company sells widgets too. If you put your website up with that name and start selling widgets, the other company may send you a letter informing you of its trademark. Your choice: fight the suit ($$$) or change your company name. Yikes!
A similar problem can occur with identity materials used to build your brand. The brand campaign may have particular images and colors that you want to become associated with your company. A quick check to make sure that none of them are too close to well-known brands and images can save you a lot of time and hassle later. No swooshes, no golden arches, no NFL team colors.
All of this applies to new product names. Say that another company sells a product called the Widget 2 and has a registered trademark for that name. Your product manager gets over enthusiastic about your company’s newest product, the Widget 2.0. He’s plastered product announcements all over your website without checking. Whoops. Here comes the letter from the owners of the Widget 2 trademark.
Speaking of the Widget 2.0, did you file a patent application on the unique features and capabilities of the product? Or did you blog about a discovery that was eventually included in the Widget 2.0? It’s okay; the U.S. patent laws give you a year to file a patent application after either a public disclosure of the invention or an offer for sale of products containing the invention. So get the application filed! And keep an eye on your blog . . .
And finally, let’s talk about your website. Your web designer found a photograph to use as part of your webset. Maybe the widgets are for mountain climbing and she found a stunning picture of a mountain online, downloaded it and put it on your website. Hmmm. Was it a free photograph? Even if it didn’t cost anything, does it require attribution identifying the photographer or other copyright owner? Did she put the attribution on your website? Photographers may offer images for free as long as the website identifies them, but not identifying the photographer can result in a nasty letter from a law firm and a hefty fee to ensure that the photographer doesn’t file suit. If your web designer did pay for the photograph, keep the records of the date and time of download and the payment, just in case.
Keep your excitement and your enthusiasm! Promote your new business, your new product, your new discovery! Just take a second, make some checks, maybe make some changes, and then throw the party!
Source >> https://www.oen.org/2019/03/14/intellectual-property-considerations-making-things-public/
Saturday, March 23, 2019
SIP MANAGEMENT TO PROVIDE SUBSCRIBERS WITH EARLY ACCESS TO ITS ONLINE PLATFORM
By: EMMANUEL NGWA
Solomon IP Management is a tech startup that addresses the Intellectual Property market gap for entrepreneurs, micro and small businesses. In line with this mission, the company looks forward to launching its online platform. Through this platform, the company will start offering its services to individuals and businesses based in Cameroon for trial. It will also provide early access to a select number of subscribers and members.
Their goal is to empower and support individuals and teams throughout the development, protection, and commercialization of their intellectual property.
Thanks to the vision of its founding team of African background, SIP Management is, therefore, looking to address the needs of African inventors, scientist, innovators, and businesses.
According to the company’s Founder, Martial Medi:
“Africa has and has always had great untapped potential in terms of innovations and talents. We truly believe with our platform in place, we can support individuals and businesses across the continent to create not just locally, but also globally impactful value, through optimized management of their intellectual property.
“Our goal is to enable the creation of an African marketplace at the service of Intellectual property, as a means to promote social and financial development. Our platform will provide education on topics related to Intellectual property and tools that will enable our members to truly leverage their assets”.
The SIP Management platform will, therefore, be a one-stop shop for those looking to turn their ideas, products, services, and inventions into well-protected rights and revenue generating assets.
“We are creating a community and ecosystem that promotes and supports the success of Intellectual Property ‒ a long-needed service for Cameroon and the rest of the continent”.
WHAT IS IP?
Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names, and images used in commerce. IP is usually protected by law via Patents, Trademarks, Copyrights…
Read more >> https://www.afrohustler.com/sip-management-intellectual-property/
Solomon IP Management is a tech startup that addresses the Intellectual Property market gap for entrepreneurs, micro and small businesses. In line with this mission, the company looks forward to launching its online platform. Through this platform, the company will start offering its services to individuals and businesses based in Cameroon for trial. It will also provide early access to a select number of subscribers and members.
Their goal is to empower and support individuals and teams throughout the development, protection, and commercialization of their intellectual property.
Thanks to the vision of its founding team of African background, SIP Management is, therefore, looking to address the needs of African inventors, scientist, innovators, and businesses.
According to the company’s Founder, Martial Medi:
“Africa has and has always had great untapped potential in terms of innovations and talents. We truly believe with our platform in place, we can support individuals and businesses across the continent to create not just locally, but also globally impactful value, through optimized management of their intellectual property.
“Our goal is to enable the creation of an African marketplace at the service of Intellectual property, as a means to promote social and financial development. Our platform will provide education on topics related to Intellectual property and tools that will enable our members to truly leverage their assets”.
The SIP Management platform will, therefore, be a one-stop shop for those looking to turn their ideas, products, services, and inventions into well-protected rights and revenue generating assets.
“We are creating a community and ecosystem that promotes and supports the success of Intellectual Property ‒ a long-needed service for Cameroon and the rest of the continent”.
WHAT IS IP?
Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names, and images used in commerce. IP is usually protected by law via Patents, Trademarks, Copyrights…
Read more >> https://www.afrohustler.com/sip-management-intellectual-property/
Wednesday, March 20, 2019
Forget the Scams, Make Money from Your Invention
By: Michael J Foycik Jr.
April 27, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
You've seen the scams. Forget those, and move on: real people can and do make money from their inventions. Let's see who and how.
Who succeeds with their inventions? Just about anyone, and at just about any age. Here are a few ways.
If samples of the inventive product are available, then the quickest route can often involve first rate department stores and consignment sales. It's easy if you know how, and it's easy to try even if you don't know how. One successful person just went to their favorite department store, bringing their product, and talked to a manager about it.
For some inventions, it may be better to go through distributors. That is not hard, but it is not always easy either. Some distributors will help with the manufacturing costs, and some won't. Your best deals come when you can provide the goods.
Sometimes, it helps to get investors to provide funding and expertise, so you can make and sell the invention. The best ways to get investors involve one important first step: finding the manufacturing cost of a prototype. That part isn't difficult if you know how, and can often be done in just a few days. Most inventors are surpised by the low costs, and of course investors like seeing low costs since it means higher profits.
There are ways to find and meet investors. I recommend e-press releases as a very low cost way to attract investors. I can also recommend viral marketing, which is also a relatively low cost way. There are even investor clubs in many areas, if you look for them.
Read more >> http://internationalpatentservice.com/Forget-the-Scams-Make-Money-from-Your-Invention.html
April 27, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
You've seen the scams. Forget those, and move on: real people can and do make money from their inventions. Let's see who and how.
Who succeeds with their inventions? Just about anyone, and at just about any age. Here are a few ways.
If samples of the inventive product are available, then the quickest route can often involve first rate department stores and consignment sales. It's easy if you know how, and it's easy to try even if you don't know how. One successful person just went to their favorite department store, bringing their product, and talked to a manager about it.
For some inventions, it may be better to go through distributors. That is not hard, but it is not always easy either. Some distributors will help with the manufacturing costs, and some won't. Your best deals come when you can provide the goods.
Sometimes, it helps to get investors to provide funding and expertise, so you can make and sell the invention. The best ways to get investors involve one important first step: finding the manufacturing cost of a prototype. That part isn't difficult if you know how, and can often be done in just a few days. Most inventors are surpised by the low costs, and of course investors like seeing low costs since it means higher profits.
There are ways to find and meet investors. I recommend e-press releases as a very low cost way to attract investors. I can also recommend viral marketing, which is also a relatively low cost way. There are even investor clubs in many areas, if you look for them.
Read more >> http://internationalpatentservice.com/Forget-the-Scams-Make-Money-from-Your-Invention.html
Monday, March 18, 2019
What is Intellectual Property Law?
By: Nat Berman
Many people wonder if they can patent an idea or some other form of an intangible product. The answer depends on the situation, but that is precisely why intellectual property law exists. It is a legal mechanism to protect the creative work of another individual or organization. It also includes inventions and many other types of goods and services that we have in modern society. If you created something, you have the right to use it exclusively, or at least be compensated if someone else chooses to use or enjoy it. Let us look now at a few of the more popular topics when it comes to intellectual property law in the modern era.
Issues of Copyright
Copyright essentially protects the right of the owner of creative or artistic work. Items that are typically under copyright law include theatrical performances, various types of music, all kinds of movies, books, and much more. When you copyright something, it means to another person or entity is not permitted to copy it without your permission. If it is a product that you sell, then you need to be compensated any time someone wants to use your material that has been copyrighted
Interestingly enough, you are free to copyright your own work at any time. There is no legal requirement that you go through a formal process to do so. However, keep in mind that you may want to obtain a formal copyright license if you intend to profit from your work. This will serve as proof as to the date that you filed the copyright and that it is your own original work. This could help you in the event that you need to file a legal challenge against someone at a later date.
Filing a Patent
Another form of intellectual property law can found with a patent. This gives the person or company the full rights to an invention of their own creation. As long as you own the patent, nobody else is able to use the technology without your permission. The product can also not be sold or otherwise distributed without your permission, which will typically come with some type of compensation as well. The term of a patent in the United States is usually 20 years. After that time, you would need to work with a legal team to determine where to go from there.
When you ask for patent protection, you will need to prove the uniqueness of your invention. Contrary to copyright issues, patents do need to be formally filed. It takes a great deal of work to ensure that nobody else has already been using your invention with a previously filed patent. It is through this research that government agencies and public bodies determine what rights if any, you actually have on the invention. Even a particular piece of technology can be patented even if it is to be used in other products.
Read more >> https://moneyinc.com/what-is-intellectual-property-law/
Many people wonder if they can patent an idea or some other form of an intangible product. The answer depends on the situation, but that is precisely why intellectual property law exists. It is a legal mechanism to protect the creative work of another individual or organization. It also includes inventions and many other types of goods and services that we have in modern society. If you created something, you have the right to use it exclusively, or at least be compensated if someone else chooses to use or enjoy it. Let us look now at a few of the more popular topics when it comes to intellectual property law in the modern era.
Issues of Copyright
Copyright essentially protects the right of the owner of creative or artistic work. Items that are typically under copyright law include theatrical performances, various types of music, all kinds of movies, books, and much more. When you copyright something, it means to another person or entity is not permitted to copy it without your permission. If it is a product that you sell, then you need to be compensated any time someone wants to use your material that has been copyrighted
Interestingly enough, you are free to copyright your own work at any time. There is no legal requirement that you go through a formal process to do so. However, keep in mind that you may want to obtain a formal copyright license if you intend to profit from your work. This will serve as proof as to the date that you filed the copyright and that it is your own original work. This could help you in the event that you need to file a legal challenge against someone at a later date.
Filing a Patent
Another form of intellectual property law can found with a patent. This gives the person or company the full rights to an invention of their own creation. As long as you own the patent, nobody else is able to use the technology without your permission. The product can also not be sold or otherwise distributed without your permission, which will typically come with some type of compensation as well. The term of a patent in the United States is usually 20 years. After that time, you would need to work with a legal team to determine where to go from there.
When you ask for patent protection, you will need to prove the uniqueness of your invention. Contrary to copyright issues, patents do need to be formally filed. It takes a great deal of work to ensure that nobody else has already been using your invention with a previously filed patent. It is through this research that government agencies and public bodies determine what rights if any, you actually have on the invention. Even a particular piece of technology can be patented even if it is to be used in other products.
Read more >> https://moneyinc.com/what-is-intellectual-property-law/
Sunday, March 17, 2019
How to Make Money from 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.
Attorney Advice on: How to Make Money from a Patent
by Michael Foycik, registered US patent attorney
April 18, 2013
I am often asked how to make money from a patent, and that is an excellent question. There is the commonly known answer, and a lesser known but more important answer. The common answer is, a patent can be licensed or assigned. A license is similar to renting the patent, whereas an assignment is a sale of the patent. A license can be sold to more than one company, for example.
The less commonly known answer, though, is far more important to inventors and businesses. This answer concerns the patent application, which is not issued as a patent but instead is still pending. Thus, it is known to provide “patent pending” status. The question of how to make money from a patent then becomes one of how to make money from a patent pending. This too is done by license or assignment.
Surprisingly, a pending patent application is easier to sell or market, and many companies prefer a pending patent. The reason for this is simple, if considering a company's reasons for obtaining a patent. A company makes the most profits from having a family of related products rather than a single product. A pending patent application give its own the right to file related patent applications for related products, usually through continuation-in-part applications, and so can end up protecting whole families of related products.
Read more >> http://internationalpatentservice.com/How-to-Make-Money-from-a-Patent.html
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Attorney Advice on: How to Make Money from a Patent
by Michael Foycik, registered US patent attorney
April 18, 2013
I am often asked how to make money from a patent, and that is an excellent question. There is the commonly known answer, and a lesser known but more important answer. The common answer is, a patent can be licensed or assigned. A license is similar to renting the patent, whereas an assignment is a sale of the patent. A license can be sold to more than one company, for example.
The less commonly known answer, though, is far more important to inventors and businesses. This answer concerns the patent application, which is not issued as a patent but instead is still pending. Thus, it is known to provide “patent pending” status. The question of how to make money from a patent then becomes one of how to make money from a patent pending. This too is done by license or assignment.
Surprisingly, a pending patent application is easier to sell or market, and many companies prefer a pending patent. The reason for this is simple, if considering a company's reasons for obtaining a patent. A company makes the most profits from having a family of related products rather than a single product. A pending patent application give its own the right to file related patent applications for related products, usually through continuation-in-part applications, and so can end up protecting whole families of related products.
Read more >> http://internationalpatentservice.com/How-to-Make-Money-from-a-Patent.html
Saturday, March 16, 2019
Google’s and Intertrust’s new PatentShield helps startups fight patent litigation in return for equity
By: Frederic Lardinois
Google and Intertrust today announced the launch of PatentShield, a new program that aims to help defend startups from patent litigation — in return for a stake in those companies.
The basic idea here is to give startups that join the program ownership of a selection of patents from Google’s and Intertrust’s portfolio that they can then use as a deterrent against potential patent litigation from established players in their fields. Google is seeding the program with a selection of its own patents and Intertrust, which itself has built up a patent portfolio around media streaming, IoT, security and other areas, will also give these startups access to some of its own patents and its intellectual property team.
If a startup gets sued, it can then choose patents from the PatentShield portfolio to defend itself by countersuing its opponents.
“The program extends the array of initiatives Google has developed to help reduce frivolous litigation in the technology space,” said Allen Lo, Google’s Deputy General Counsel for patents in today’s announcement. Indeed, Google has long shown at least some interest in helping others defend themselves from patent litigation. With its Open Patent Non-Assertion Pledge, for example, the company already pledged that it wouldn’t sue third parties that develop free or open source software that potentially infringed on a selection of its patents. It’s worth noting, though, that this list of patents hasn’t been updated since 2014.
Google, Microsoft, Facebook, IBM and others also teamed up last year to create a new marketplace for buying and selling patents.
The most interesting aspect of this new program, though, is that the companies that are accepted into the program provide a small equity grant to PatentShield. Intertrust tells me that the size of the stake “is a function of the maturity of the company, its products and the litigation risk in their market.”
We have asked Google to clarify its role in this program and if it also plans to take a stake in these companies. We will update this post once we hear more.
Read more >> https://techcrunch.com/2017/04/25/googles-and-intertrusts-new-patentshield-helps-startups-fight-patent-litigation-in-return-for-equity/
Google and Intertrust today announced the launch of PatentShield, a new program that aims to help defend startups from patent litigation — in return for a stake in those companies.
The basic idea here is to give startups that join the program ownership of a selection of patents from Google’s and Intertrust’s portfolio that they can then use as a deterrent against potential patent litigation from established players in their fields. Google is seeding the program with a selection of its own patents and Intertrust, which itself has built up a patent portfolio around media streaming, IoT, security and other areas, will also give these startups access to some of its own patents and its intellectual property team.
If a startup gets sued, it can then choose patents from the PatentShield portfolio to defend itself by countersuing its opponents.
“The program extends the array of initiatives Google has developed to help reduce frivolous litigation in the technology space,” said Allen Lo, Google’s Deputy General Counsel for patents in today’s announcement. Indeed, Google has long shown at least some interest in helping others defend themselves from patent litigation. With its Open Patent Non-Assertion Pledge, for example, the company already pledged that it wouldn’t sue third parties that develop free or open source software that potentially infringed on a selection of its patents. It’s worth noting, though, that this list of patents hasn’t been updated since 2014.
Google, Microsoft, Facebook, IBM and others also teamed up last year to create a new marketplace for buying and selling patents.
The most interesting aspect of this new program, though, is that the companies that are accepted into the program provide a small equity grant to PatentShield. Intertrust tells me that the size of the stake “is a function of the maturity of the company, its products and the litigation risk in their market.”
We have asked Google to clarify its role in this program and if it also plans to take a stake in these companies. We will update this post once we hear more.
Read more >> https://techcrunch.com/2017/04/25/googles-and-intertrusts-new-patentshield-helps-startups-fight-patent-litigation-in-return-for-equity/
Wednesday, March 13, 2019
How to Trademark
By: Michael J Foycik Jr.
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
HOW TO TRADEMARK . . .
> a word
> a phrase
> a logo
A US Trademark Application can protect a word, a phrase, a log, and even a color. This article explains how to trademark these elements.
A US Trademark Application requires at least the following information: the name and address of the owner; the mark itself; the type of goods or services to be used with the mark; and the type of use, i.e. actual use or intent-to-use.
If the trademark application is based on actual use, then the date of first use in interstate or international commerce is required. If the owner is a corporation, the state of incorporation is also needed along with the name of the person who has authority to sign the trademark application.
A trademark search is strongly recommended. Skill is required in interpreting the results, since even identical trademarks can be registered if they are in sufficiently different classes of goods/services.
To get started now:
No money is needed to get started. Once we receive the above-noted information for a trademark application, we perform a free, informal search of the trademark records and advise if a serious obstacle exists in the form of a prior similar trademark application. There is no cost or obligation for this.
Read more >> http://internationalpatentservice.com/How-to-Trademark.html
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
HOW TO TRADEMARK . . .
> a word
> a phrase
> a logo
A US Trademark Application can protect a word, a phrase, a log, and even a color. This article explains how to trademark these elements.
A US Trademark Application requires at least the following information: the name and address of the owner; the mark itself; the type of goods or services to be used with the mark; and the type of use, i.e. actual use or intent-to-use.
If the trademark application is based on actual use, then the date of first use in interstate or international commerce is required. If the owner is a corporation, the state of incorporation is also needed along with the name of the person who has authority to sign the trademark application.
A trademark search is strongly recommended. Skill is required in interpreting the results, since even identical trademarks can be registered if they are in sufficiently different classes of goods/services.
To get started now:
No money is needed to get started. Once we receive the above-noted information for a trademark application, we perform a free, informal search of the trademark records and advise if a serious obstacle exists in the form of a prior similar trademark application. There is no cost or obligation for this.
Read more >> http://internationalpatentservice.com/How-to-Trademark.html
Saturday, March 9, 2019
More Patent Trolls Are Targeting Startups. Here's What You Can Do.
By: Nathaniel Borenstein
Startups aren't typically founded by lawyers, so patent law isn't usually a front line issue for them. But I've come to realize that patent protection is at best No. 11 on the top 10 list of things for startups to focus on -- something they generally understand is important, but not quite important enough. Part of that is because the headlines focus on big lawsuits lobbed at big companies, which creates a false sense of security. As an inventor and a computer scientist with 25-plus years of practical experience, I'd like to think I've navigated the murky, complicated world of patents and come out on the other side wiser and more informed. And, as such, there is something I want entrepreneurs, inventors and early-stage businesses to know. Yes, you are a potential target for patent trolls, and yes, there is something you can do about it. Today.
Related: If Your Startup Really Is Disruptive, Expect to be Sued By a Patent Troll.
Here's what everyone thinks they know.
It is generally understood patent trolls are typically "shell" companies that do no real business but simply pursue a business strategy of suing businesses over their patents. They typically sue for a large amount of money but settle for an amount they estimate will cost the victims less than a court fight. They do no good for anyone in the world but themselves, and they can be extremely costly (in time and money) to their victims. Too many people believe patent trolls are only after big names -- big companies with big wallets. The smaller suits, the ones aimed at startups and mid-sized businesses, might not make headlines, but they do untold damage.
Startups are targets for trolls, and grow more so over time.
Startups are often targets for trolls, but many entrepreneurs are unaware of this reality. With so many things to think about -- building a product, hiring a staff, fundraising, marketing, sales -- protecting against patent trolls is not likely to be high on a founder's list of priorities, but it should still be a consideration. A company gets hit with a suit and has to respond, but by then, it's too late. The mere presence of the suit is itself a drain on limited resources, to the tune of several million dollars that startups can't afford. This is why being proactive is essential.
Related: How to Conduct a Patent Search to Make Sure Your Brilliant Invention Doesn't Already Exist (Infographic)
A disproportionate number of patent trolls target smaller companies: More than 50 percent of businesses targeted by patent trolls make less than $10 million in revenue per year and 75 percent of the companies sued by trolls are privately held. And for good reason: To trolls, the whole point is to impose a costly and scary lawsuit, so that startups with limited resources to protect and defend themselves are more likely to settle than fight.
Don't let your own patents be used by trolls someday.
I doubt that I've ever met an entrepreneur who liked the idea that his or her patents might someday fall into the hands of a troll. But they can and do. Simply to be good citizens, startups can and should take measures to ensure that their patents will never be useful to trolls. Patent-fighting networks can help protect others against abuse of your patents while protecting you against use of theirs.
Read more >> https://www.entrepreneur.com/article/310648
Startups aren't typically founded by lawyers, so patent law isn't usually a front line issue for them. But I've come to realize that patent protection is at best No. 11 on the top 10 list of things for startups to focus on -- something they generally understand is important, but not quite important enough. Part of that is because the headlines focus on big lawsuits lobbed at big companies, which creates a false sense of security. As an inventor and a computer scientist with 25-plus years of practical experience, I'd like to think I've navigated the murky, complicated world of patents and come out on the other side wiser and more informed. And, as such, there is something I want entrepreneurs, inventors and early-stage businesses to know. Yes, you are a potential target for patent trolls, and yes, there is something you can do about it. Today.
Related: If Your Startup Really Is Disruptive, Expect to be Sued By a Patent Troll.
Here's what everyone thinks they know.
It is generally understood patent trolls are typically "shell" companies that do no real business but simply pursue a business strategy of suing businesses over their patents. They typically sue for a large amount of money but settle for an amount they estimate will cost the victims less than a court fight. They do no good for anyone in the world but themselves, and they can be extremely costly (in time and money) to their victims. Too many people believe patent trolls are only after big names -- big companies with big wallets. The smaller suits, the ones aimed at startups and mid-sized businesses, might not make headlines, but they do untold damage.
Startups are targets for trolls, and grow more so over time.
Startups are often targets for trolls, but many entrepreneurs are unaware of this reality. With so many things to think about -- building a product, hiring a staff, fundraising, marketing, sales -- protecting against patent trolls is not likely to be high on a founder's list of priorities, but it should still be a consideration. A company gets hit with a suit and has to respond, but by then, it's too late. The mere presence of the suit is itself a drain on limited resources, to the tune of several million dollars that startups can't afford. This is why being proactive is essential.
Related: How to Conduct a Patent Search to Make Sure Your Brilliant Invention Doesn't Already Exist (Infographic)
A disproportionate number of patent trolls target smaller companies: More than 50 percent of businesses targeted by patent trolls make less than $10 million in revenue per year and 75 percent of the companies sued by trolls are privately held. And for good reason: To trolls, the whole point is to impose a costly and scary lawsuit, so that startups with limited resources to protect and defend themselves are more likely to settle than fight.
Don't let your own patents be used by trolls someday.
I doubt that I've ever met an entrepreneur who liked the idea that his or her patents might someday fall into the hands of a troll. But they can and do. Simply to be good citizens, startups can and should take measures to ensure that their patents will never be useful to trolls. Patent-fighting networks can help protect others against abuse of your patents while protecting you against use of theirs.
Read more >> https://www.entrepreneur.com/article/310648
Wednesday, March 6, 2019
Why Trademark
By: Michael J Foycik Jr.
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
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.
This brings us to federal trademark rights. In advertising, you may see a trademark followed by the symbol “R” in a circle. That indicates that the trademark is federally registered. A trademark followed by the symbol “TM” indicates that the owner wishes to claim common law trademark rights, or has other trademark rights.
A good trademark can help any business, and a successful one also attracts investors and can help when selling your business. Without a trademark, there is often nothing of value to sell.
Considering a trademark?
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/Why-Trademark.html
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
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.
This brings us to federal trademark rights. In advertising, you may see a trademark followed by the symbol “R” in a circle. That indicates that the trademark is federally registered. A trademark followed by the symbol “TM” indicates that the owner wishes to claim common law trademark rights, or has other trademark rights.
A good trademark can help any business, and a successful one also attracts investors and can help when selling your business. Without a trademark, there is often nothing of value to sell.
Considering a trademark?
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/Why-Trademark.html
Tuesday, March 5, 2019
Does Blockchain Matter Yet In Intellectual Property For Business?
By: Jess Collen
Every day, startups and entrepreneurs are asking: What is all this talk about blockchain and how can I take advantage of it to protect my rights? There is hope that blockchain might provide some alternative to the often-confusing and expensive traditional types of intellectual property protection. Blockchain’s potential for your business will differ, depending upon what type of intellectual property you are interested in protecting.
The three main pillars of intellectual property are patents, copyrights, and trademarks. The potential of blockchain, at the present time, varies for each of these.
For patent law, blockchain has probably been most noteworthy because of the influx of applications filed in the U.S. Patent and Trademark Office (“USPTO”) to protect various uses of blockchain technology. But blockchain’s strength as an unchangeable, distributed ledger is ideally suited to compiling information and lists. While its tamper-proof code can provide solid evidence of facts about what invention may have been created, and when, the only way to get enforceable patent rights is by filing an application with the United States Patent and Trademark Office, surviving the application (or “prosecution”) process, and having a federal patent issued in your name. That is the only way to get a legal monopoly. You can invent that “Next Great Thing,” but if you don’t patent your rights, it will be free for anyone to copy once it is out in public and you have exceeded the timetable to get a patent.
Blockchain is a great way to track all of the information regarding inventions, inventor names, ownership rights and other formalities. There are also evolving markets for patent pools, investor collaboration, and patent licensing. But nothing about blockchain technology at the moment will provide an alternative to patent protection for inventions. No patent, no monopoly.
Copyright protection is a bit different. First of all, because you can claim copyright ownership and gain copyright protectability even without federal registration, the system is more flexible than the patent system. Blockchain provides a great system for recording rights that are created in “original works of authorship,” which can be anything from a photograph to a book, to a website, to a doctoral thesis. It is very conceivable that an updated blockchain-secured distributed ledger could supplant the copyright system presently in use by the Copyright Office in Washington, D.C. But for now, documenting your creation and first publication on blockchain will be more like improving your evidence, rather than securing any legal rights. To actually sue in court based upon copyright, you need to get a copyright registration (which you can do after the fact). The United States Copyright Office is sorely in need of an updated platform which would make it easy for the public to see exactly what is being protected by copyright law. Currently, you can find owner names, registration dates and titles in the Copyright Office online records. But samples of what is actually registered are not generally available without going to the Copyright Office in Washington, D.C. So, as with all legal documents, proof of your underlying facts and claims can be critical. Using blockchain to document everything related to your copyrighted property may strongly improve your position, and make it easier to prove the rights which you own.
Read more >> https://www.forbes.com/sites/jesscollen/2019/02/21/does-blockchain-matter-yet-in-intellectual-property-for-business/#4d9b49541c21
Every day, startups and entrepreneurs are asking: What is all this talk about blockchain and how can I take advantage of it to protect my rights? There is hope that blockchain might provide some alternative to the often-confusing and expensive traditional types of intellectual property protection. Blockchain’s potential for your business will differ, depending upon what type of intellectual property you are interested in protecting.
The three main pillars of intellectual property are patents, copyrights, and trademarks. The potential of blockchain, at the present time, varies for each of these.
For patent law, blockchain has probably been most noteworthy because of the influx of applications filed in the U.S. Patent and Trademark Office (“USPTO”) to protect various uses of blockchain technology. But blockchain’s strength as an unchangeable, distributed ledger is ideally suited to compiling information and lists. While its tamper-proof code can provide solid evidence of facts about what invention may have been created, and when, the only way to get enforceable patent rights is by filing an application with the United States Patent and Trademark Office, surviving the application (or “prosecution”) process, and having a federal patent issued in your name. That is the only way to get a legal monopoly. You can invent that “Next Great Thing,” but if you don’t patent your rights, it will be free for anyone to copy once it is out in public and you have exceeded the timetable to get a patent.
Blockchain is a great way to track all of the information regarding inventions, inventor names, ownership rights and other formalities. There are also evolving markets for patent pools, investor collaboration, and patent licensing. But nothing about blockchain technology at the moment will provide an alternative to patent protection for inventions. No patent, no monopoly.
Copyright protection is a bit different. First of all, because you can claim copyright ownership and gain copyright protectability even without federal registration, the system is more flexible than the patent system. Blockchain provides a great system for recording rights that are created in “original works of authorship,” which can be anything from a photograph to a book, to a website, to a doctoral thesis. It is very conceivable that an updated blockchain-secured distributed ledger could supplant the copyright system presently in use by the Copyright Office in Washington, D.C. But for now, documenting your creation and first publication on blockchain will be more like improving your evidence, rather than securing any legal rights. To actually sue in court based upon copyright, you need to get a copyright registration (which you can do after the fact). The United States Copyright Office is sorely in need of an updated platform which would make it easy for the public to see exactly what is being protected by copyright law. Currently, you can find owner names, registration dates and titles in the Copyright Office online records. But samples of what is actually registered are not generally available without going to the Copyright Office in Washington, D.C. So, as with all legal documents, proof of your underlying facts and claims can be critical. Using blockchain to document everything related to your copyrighted property may strongly improve your position, and make it easier to prove the rights which you own.
Read more >> https://www.forbes.com/sites/jesscollen/2019/02/21/does-blockchain-matter-yet-in-intellectual-property-for-business/#4d9b49541c21
Saturday, March 2, 2019
What is Infringement
By: Michael J Foycik Jr.
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
There are three main types:
> trademark infringement
> patent infringement
> copyright infringement
Trademark Infringement
This occurs when one party uses a trademark that is confusingly close to a trademark owned by another. It is simple to decide in cases where one party has a registered federal trademark and is the senior user.
A federal trademark confers nationwide rights, and can be enforced in federal courts. A non-registered trademark may nonetheless confer common law trademark rights. Common law trademark rights are enforced in state courts.
It can sometimes be that simple, and trials tend to be relatively short. Often, however, the situation is not clear, and sometimes – especially where both trademarks are common law trademarks and are not federally registered - it is hard to determine who is the senior user. In those cases, it can also be hard to tell whether or not the senior user's rights are substantial enough to stop a competitor.
Contact us if you are concerned about any trademark infringement matter, for a free initial consultation. There is no risk or obligation.
Some common questions are: what kind of damages can be awarded; how much does a trademark infringement lawsuit cost; what kinds of risks exist.
Patent Infringement
Patent infringement is determined by comparing a product, service, or method to the claims of an issued patent. The claims are interpreted with regard to the specification of the patent, and there is at least some enlargement of the claims to encompass more than what the patent shows (called the “penumbra” of the claims by various Supreme Court decisions.
Read more >> http://internationalpatentservice.com/What-is-Infringement.html
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
There are three main types:
> trademark infringement
> patent infringement
> copyright infringement
Trademark Infringement
This occurs when one party uses a trademark that is confusingly close to a trademark owned by another. It is simple to decide in cases where one party has a registered federal trademark and is the senior user.
A federal trademark confers nationwide rights, and can be enforced in federal courts. A non-registered trademark may nonetheless confer common law trademark rights. Common law trademark rights are enforced in state courts.
It can sometimes be that simple, and trials tend to be relatively short. Often, however, the situation is not clear, and sometimes – especially where both trademarks are common law trademarks and are not federally registered - it is hard to determine who is the senior user. In those cases, it can also be hard to tell whether or not the senior user's rights are substantial enough to stop a competitor.
Contact us if you are concerned about any trademark infringement matter, for a free initial consultation. There is no risk or obligation.
Some common questions are: what kind of damages can be awarded; how much does a trademark infringement lawsuit cost; what kinds of risks exist.
Patent Infringement
Patent infringement is determined by comparing a product, service, or method to the claims of an issued patent. The claims are interpreted with regard to the specification of the patent, and there is at least some enlargement of the claims to encompass more than what the patent shows (called the “penumbra” of the claims by various Supreme Court decisions.
Read more >> http://internationalpatentservice.com/What-is-Infringement.html
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