By: Urvashi Jha
Intellectual Property (IP), is often a crucial but daunting subject for startup companies. Startups recognize that protecting their IP (patents, copyrights, and trademark) is important, but the lack of a clear understanding of how IP rights are obtained and enforced, the complexity of IP rules, and the substantial costs involved in protecting IP rights, are often confusing and demotivating to startups, which can leave their IP vulnerable. Fortunately, a powerful resource is available to startup companies at the University of Illinois - the Intellectual Property Clinic (IP Clinic)!
Launched in 2008, the IP Clinic is a joint effort at the University of Illinois between the Technology Entrepreneur Center (TEC) at the College of Engineering and the College of Law (COL). The IP Clinic takes place each spring semester. Patent and trademark applications are prepared free of charge for startup companies selected from the TEC’s Cozad New Venture Challenge, the Illinois Innovation Prize competition, and the iVenture Accelerator. Each patent application typically costs around $10,000-$12,000 and trademark registrations and strategy costs around $2,000-$2,500.
The patent and trademark applications are prepared by law students under the supervision of Adjunct Professor Joe Barich, a practicing IP attorney who has taught at the COL since 2005. “It has been my pleasure to partner with TEC to found the IP Clinic and to lead its efforts for the last 12 years. We continue to accomplish its mission of integrating the intellectual property services provided by the College of Law students with the powerful, global-class entrepreneurship ecosystem provided by the College of Engineering,” Professor Barich says.
“Unlike IP Clinics that might be offered at other law schools that may focus on more abstract aspects of IP policy, like the Juelsgaard Intellectual Property and Innovation Clinic at Stanford and the Cyberlaw Clinic at Harvard, the University of Illinois IP Clinic works directly and exclusively to support individual startup companies developed at our world-renowned College of Engineering. The law students work directly with startup companies in the IP Clinic. They gain valuable insights and experience while providing legal services that positively impact the growth of individual startup companies, and support entrepreneurship programs of TEC,” he adds.
The law students participating in the IP Clinic get the opportunity to leverage experiential learning. “One of the best aspects of the IP Clinic is working with the remarkable energy, creativity, and dynamism of student entrepreneurs,” says third-year law student Candice Kwark. “We have the privilege of working together to solve real problems and serve individuals by providing tools to protect their IP. In the process, we – as law students – acquire experience in practice and procedure, the art of counseling, and a deep understanding of professionalism. Working alongside one of the most dedicated and creative clinical professors, I feel lucky to have the invaluable opportunity to put intellectual property law into practice.”
Read more >> https://tec.illinois.edu/news/articles-from-tec/30444
Monday, April 29, 2019
Sunday, April 28, 2019
Yes, You Can (Quickly) Invent Something Great!
By: Michael J Foycik Jr.
September 16, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Need a great new product really fast? Something unique, special, and with chances to succeed? Then keep reading!
There is a vast treasure trove of great ideas and many proven successes which lack one thing: an update to modern technology and/or modern materials. Sometimes their features weren't practical, or the right materials didn't exist, or the sensors weren't cheap enough, or the motors weren't strong enough. Games or toys might not have been accessible to the average person, but would be with an electronic update.
So, where can we find this treasure trove? How can we use it? Easy! Find expired patents using an online search by class/subclass using the patent office web site. Example: for toys, the Class is 446. Subclasses are by topic, for example 446/15 is for toys with soap bubbles. There are many unusual and exciting categories – you'll be amazed by what you see! Other classes are equally amazing.
You want to steps? Easy - go to the US Patent Office official site (www.uspto.gov). Click patents, which brings up a listing. Click the third item down, Classification. The topic you'll want for an index (i.e., word) search is “search USPC index schedule and definitions.” The topic for a classification search is on the right hand side about a fourth of the way down called “browse listing of USPC Class numbers and titles.”
Now, on to the actual search steps: on that site, click “search for patents” in uppermost right side of page. It is in the light text just above the box “Search our site”. In the blue text on the right half of the page, click on either the top link (USPTO full text and image database) or on the second link down (USPTO Patent Application full text and image database) depending on which type you want.
Choose a search option. The “Quick search” is the top option and always works well, but for a Class/subclass search you'll need to use the advanced search option (i.e., the second one down). In the box that appears, type ccl/class/subclass, and click search. For example, to find the above-noted soap bubble category, you'd type ccl/446/15 and click search. A listing of all patents in that category will appear.
Read more >> http://internationalpatentservice.com/Yes-You-Can-Invent-Something-Great.html
September 16, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Need a great new product really fast? Something unique, special, and with chances to succeed? Then keep reading!
There is a vast treasure trove of great ideas and many proven successes which lack one thing: an update to modern technology and/or modern materials. Sometimes their features weren't practical, or the right materials didn't exist, or the sensors weren't cheap enough, or the motors weren't strong enough. Games or toys might not have been accessible to the average person, but would be with an electronic update.
So, where can we find this treasure trove? How can we use it? Easy! Find expired patents using an online search by class/subclass using the patent office web site. Example: for toys, the Class is 446. Subclasses are by topic, for example 446/15 is for toys with soap bubbles. There are many unusual and exciting categories – you'll be amazed by what you see! Other classes are equally amazing.
You want to steps? Easy - go to the US Patent Office official site (www.uspto.gov). Click patents, which brings up a listing. Click the third item down, Classification. The topic you'll want for an index (i.e., word) search is “search USPC index schedule and definitions.” The topic for a classification search is on the right hand side about a fourth of the way down called “browse listing of USPC Class numbers and titles.”
Now, on to the actual search steps: on that site, click “search for patents” in uppermost right side of page. It is in the light text just above the box “Search our site”. In the blue text on the right half of the page, click on either the top link (USPTO full text and image database) or on the second link down (USPTO Patent Application full text and image database) depending on which type you want.
Choose a search option. The “Quick search” is the top option and always works well, but for a Class/subclass search you'll need to use the advanced search option (i.e., the second one down). In the box that appears, type ccl/class/subclass, and click search. For example, to find the above-noted soap bubble category, you'd type ccl/446/15 and click search. A listing of all patents in that category will appear.
Read more >> http://internationalpatentservice.com/Yes-You-Can-Invent-Something-Great.html
Understanding intellectual property
By: Anita Campbell
Your business might hold mostly tangible assets, such as equipment and real estate, but intangible business assets — known as intellectual property — are just as important and valuable in their own way.
There are four main types of intellectual property, and each is very different.
1. Trademarks
A trademark is a word, phrase, symbol, or design that identifies a product or service, and differentiates it from competitors. Your logo, business name, or tagline can be trademarks. A trademarked item helps to establish your business’ or product’s reputation.
In the U.S., you can acquire rights to a trademark by using it in commerce. While you are not required to do so, if you register a trademark at the federal level you gain additional rights against parties that may infringe upon your mark, as well as more protection from claims of infringement by others. You also get the right to use the “R in a circle” symbol, which signifies a registered trademark and might help deter infringements.
To file a trademark, start by searching the United States Patent and Trademark Office (USPTO) website to make sure your mark is not being used by another business.
Filing a trademark application with the USPTO can cost about $325 and takes six to 12 months. While it’s possible to do it on your own, many small businesses should consider consulting with a trademark attorney.
2. Copyrights
A copyright protects original creative works such as artwork, photographs, books, blog posts, and marketing brochures. A small business also owns copyrights for the work its employees create in the scope of their employment. Copyright notices are often added to web pages and written materials.
Copyright attaches automatically when a work is created. Neither registration nor placing a copyright notice on a work is required, but doing so provides the copyright owner with certain legal advantages if the work is infringed upon and a decision is made to recover damages in court. The cost for filing an application for registration with the U.S. Copyright Office is low: $35 to $65 dollars. Placing a copyright notice on a work is simple and the presence of the copyright notice alone might deter infringement.
In a copyright notice, include the word “copyright,” the “C in a circle” mark, the date published, and the creator’s name; for example: Copyright © 2014 Creator’s name.
3. Patents
A patent protects an invention from being made, used, or sold in the U.S. without permission of the inventor. Patent-protected inventions can include machines, manufactured articles, chemical mixtures, and processes. A patent can generally provide protection for 20 years.
U.S. patents protect those who are first to file, not first to invent. If you file for and receive a patent, the invention is publicly disclosed at that point. However, one of the conditions of getting a patent is that the invention was not available to the public before filing.
Filing an application for a patent varies in price. The USPTO lists filing fees on its site. Protecting a patent can involve significant legal strategy and skill in drafting the patent application. For this reason, many small business owners consult a patent attorney.
Read more >> https://wellsfargoworks.com/management/article/understanding-intellectual-property
Your business might hold mostly tangible assets, such as equipment and real estate, but intangible business assets — known as intellectual property — are just as important and valuable in their own way.
There are four main types of intellectual property, and each is very different.
1. Trademarks
A trademark is a word, phrase, symbol, or design that identifies a product or service, and differentiates it from competitors. Your logo, business name, or tagline can be trademarks. A trademarked item helps to establish your business’ or product’s reputation.
In the U.S., you can acquire rights to a trademark by using it in commerce. While you are not required to do so, if you register a trademark at the federal level you gain additional rights against parties that may infringe upon your mark, as well as more protection from claims of infringement by others. You also get the right to use the “R in a circle” symbol, which signifies a registered trademark and might help deter infringements.
To file a trademark, start by searching the United States Patent and Trademark Office (USPTO) website to make sure your mark is not being used by another business.
Filing a trademark application with the USPTO can cost about $325 and takes six to 12 months. While it’s possible to do it on your own, many small businesses should consider consulting with a trademark attorney.
2. Copyrights
A copyright protects original creative works such as artwork, photographs, books, blog posts, and marketing brochures. A small business also owns copyrights for the work its employees create in the scope of their employment. Copyright notices are often added to web pages and written materials.
Copyright attaches automatically when a work is created. Neither registration nor placing a copyright notice on a work is required, but doing so provides the copyright owner with certain legal advantages if the work is infringed upon and a decision is made to recover damages in court. The cost for filing an application for registration with the U.S. Copyright Office is low: $35 to $65 dollars. Placing a copyright notice on a work is simple and the presence of the copyright notice alone might deter infringement.
In a copyright notice, include the word “copyright,” the “C in a circle” mark, the date published, and the creator’s name; for example: Copyright © 2014 Creator’s name.
3. Patents
A patent protects an invention from being made, used, or sold in the U.S. without permission of the inventor. Patent-protected inventions can include machines, manufactured articles, chemical mixtures, and processes. A patent can generally provide protection for 20 years.
U.S. patents protect those who are first to file, not first to invent. If you file for and receive a patent, the invention is publicly disclosed at that point. However, one of the conditions of getting a patent is that the invention was not available to the public before filing.
Filing an application for a patent varies in price. The USPTO lists filing fees on its site. Protecting a patent can involve significant legal strategy and skill in drafting the patent application. For this reason, many small business owners consult a patent attorney.
Read more >> https://wellsfargoworks.com/management/article/understanding-intellectual-property
Thursday, April 25, 2019
Let's Sue That Trademark Infringer – Or Maybe Not!
By: Michael J Foycik Jr.
August 23, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Someone is infringing your trademark. Now you want to rush out and sue them! Let's stop and talk about that for a minute.
Let's just mention that there can be a number of defenses to a trademark lawsuit. Such defenses depend on the answers to the following (and possibly other) questions, such as: Was the infringer actually the first to use it? Can your trademark registration be challenged, or is it incontestible? Were you actually damaged? Is the alleged infringer's trademark really close enough to your trademark? Is the whole trademark infringed, or just part of it? Is your trademark a “word” mark or a logo (picture) mark?
Now let's say there are no defenses to the lawsuit, and victory is absolutely certain. This is very hypothetical, of course, since there is always some uncertainly. But, assuming this perfect situation, should you still go ahead and sue? The answer may be “no” for a number of reasons!
So don't sue? Why not? Well, for starters, if the infringement was not“intentional” (within the legal meaning of that term), then it can be very difficult to obtain meaningful damages. That's right, you can win the lawsuit and yet get little or no cash. The most common result of a successful trademark infringement lawsuit is an injunction – an order to stop the infringement. Even worse, the injunction sometimes gives the infringer ample time to use up their stock of infringing goods.
But, the above is for infringement that is not “intentional” – what if the infringer is intentionally infringing? That's different, and you can ask for actual damages, and/or lost profits, and/or attorneys fee, and/or costs, among other things. Notice I said you can ask! However, asking is not the same as getting. Worse, it can be difficult to prove lost profits or actual damages.
Even in a good case, with ample proof, it can be difficult to get a damage award that really compensates for the time and effort of litigation. Money is not the only cost of litigation. And, a damage award is not the same as actually receiving money, since defendants may not have assets to cover the damage award, may declare bankruptcy, and may even simply hide their money.
Read more >> http://internationalpatentservice.com/Lets-Sue-That-Trademark-Infringer.html
August 23, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Someone is infringing your trademark. Now you want to rush out and sue them! Let's stop and talk about that for a minute.
Let's just mention that there can be a number of defenses to a trademark lawsuit. Such defenses depend on the answers to the following (and possibly other) questions, such as: Was the infringer actually the first to use it? Can your trademark registration be challenged, or is it incontestible? Were you actually damaged? Is the alleged infringer's trademark really close enough to your trademark? Is the whole trademark infringed, or just part of it? Is your trademark a “word” mark or a logo (picture) mark?
Now let's say there are no defenses to the lawsuit, and victory is absolutely certain. This is very hypothetical, of course, since there is always some uncertainly. But, assuming this perfect situation, should you still go ahead and sue? The answer may be “no” for a number of reasons!
So don't sue? Why not? Well, for starters, if the infringement was not“intentional” (within the legal meaning of that term), then it can be very difficult to obtain meaningful damages. That's right, you can win the lawsuit and yet get little or no cash. The most common result of a successful trademark infringement lawsuit is an injunction – an order to stop the infringement. Even worse, the injunction sometimes gives the infringer ample time to use up their stock of infringing goods.
But, the above is for infringement that is not “intentional” – what if the infringer is intentionally infringing? That's different, and you can ask for actual damages, and/or lost profits, and/or attorneys fee, and/or costs, among other things. Notice I said you can ask! However, asking is not the same as getting. Worse, it can be difficult to prove lost profits or actual damages.
Even in a good case, with ample proof, it can be difficult to get a damage award that really compensates for the time and effort of litigation. Money is not the only cost of litigation. And, a damage award is not the same as actually receiving money, since defendants may not have assets to cover the damage award, may declare bankruptcy, and may even simply hide their money.
Read more >> http://internationalpatentservice.com/Lets-Sue-That-Trademark-Infringer.html
Wednesday, April 24, 2019
GOVERNMENT COLLABORATION HELPS CLEANTECH STARTUPS GET GOING
By: ADI
Getting any new technology to market is a perilous endeavor, but the complexity and long timescales involved in getting so called cleantech technologies to market are especially challenging. A new study from the University of Cambridge underlines the important role government can play in supporting such development.
The research shows that patenting activity in the US grows by 73% whenever the startup collaborates with a government agency. What’s more, technologies that had been developed with a government agency saw twice as much funding as those from other sorts of arrangements.
This is notable as collaboration with governments didn’t just beat working independently on a technology, but also beat collaboration with universities and private firms.
“Our findings suggest that some of the signs commonly used to track innovation and business success, such as patents and financing, increase when new cleantech companies partner with US government departments or labs,” the researchers say. “Government research laboratories have a major role to play in the climate challenge but also the growth of small businesses — twin objectives at the heart of many policy discussions, such as the Green New Deal in the United States.”
Valuable partners
The research, which examined over 650 US cleantech startups, who were collectively engaged in over 2,000 partnership, found that in addition to benefits in areas such as investment and patenting, those startups working with government were also more equitably distributed outside of the core tech hubs.
The authors believe that government and state agencies provide unbeatable scale, facilities and a long-term perspective that is difficult to find elsewhere. This provides a natural compliment to startups able to respond in an agile way to changes in both technology and the market.
Read more >> http://adigaskell.org/2019/04/24/government-collaboration-helps-cleantech-startups-get-going/
Getting any new technology to market is a perilous endeavor, but the complexity and long timescales involved in getting so called cleantech technologies to market are especially challenging. A new study from the University of Cambridge underlines the important role government can play in supporting such development.
The research shows that patenting activity in the US grows by 73% whenever the startup collaborates with a government agency. What’s more, technologies that had been developed with a government agency saw twice as much funding as those from other sorts of arrangements.
This is notable as collaboration with governments didn’t just beat working independently on a technology, but also beat collaboration with universities and private firms.
“Our findings suggest that some of the signs commonly used to track innovation and business success, such as patents and financing, increase when new cleantech companies partner with US government departments or labs,” the researchers say. “Government research laboratories have a major role to play in the climate challenge but also the growth of small businesses — twin objectives at the heart of many policy discussions, such as the Green New Deal in the United States.”
Valuable partners
The research, which examined over 650 US cleantech startups, who were collectively engaged in over 2,000 partnership, found that in addition to benefits in areas such as investment and patenting, those startups working with government were also more equitably distributed outside of the core tech hubs.
The authors believe that government and state agencies provide unbeatable scale, facilities and a long-term perspective that is difficult to find elsewhere. This provides a natural compliment to startups able to respond in an agile way to changes in both technology and the market.
Read more >> http://adigaskell.org/2019/04/24/government-collaboration-helps-cleantech-startups-get-going/
Tuesday, April 23, 2019
What Does A Trademark Lawsuit Cost?
By: Michael J Foycik Jr.
August 23, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Trademark infringement is a highly charged subject, and I have seen how it affects the trademark owner. A lawsuit would seem like a wonderful solution. But, what should it cost?
Though I have heard many numbers, it is all just hearsay. Even so, it may be helpful to say it.
A very small law firm or individual attorney will often charge less than a large firm. I have heard stories wherein a plaintiff might pay somewhere between 10k and 30k, depending on if/when it settles. Higher numbers are possible when it goes to trial and there are many issues. Is this a good value? That depends – if you can only afford that much, then there's simply no choice.
A big company practically must use a large law firm for its reputation and size. There is great variation, but one should expect to pay for that large size and reputation. I have heard a number of experienced litigators say to simply add a zero to the numbers used for a small law firm. Is it worth it? That depends, but I have seen examples where it was well worth having a large firm do the litigation.
Where's that money go, anyway? Well, a portion goes to filing or answering the Complaint; attending to discovery and motions related to discovery; depositions and court reporter costs; various court hearings where attendance is required; and finally for the trial itself (if it goes that far).
Read more >> http://internationalpatentservice.com/What-Does-A-Trademark-Lawsuit-Cost.html
August 23, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Trademark infringement is a highly charged subject, and I have seen how it affects the trademark owner. A lawsuit would seem like a wonderful solution. But, what should it cost?
Though I have heard many numbers, it is all just hearsay. Even so, it may be helpful to say it.
A very small law firm or individual attorney will often charge less than a large firm. I have heard stories wherein a plaintiff might pay somewhere between 10k and 30k, depending on if/when it settles. Higher numbers are possible when it goes to trial and there are many issues. Is this a good value? That depends – if you can only afford that much, then there's simply no choice.
A big company practically must use a large law firm for its reputation and size. There is great variation, but one should expect to pay for that large size and reputation. I have heard a number of experienced litigators say to simply add a zero to the numbers used for a small law firm. Is it worth it? That depends, but I have seen examples where it was well worth having a large firm do the litigation.
Where's that money go, anyway? Well, a portion goes to filing or answering the Complaint; attending to discovery and motions related to discovery; depositions and court reporter costs; various court hearings where attendance is required; and finally for the trial itself (if it goes that far).
Read more >> http://internationalpatentservice.com/What-Does-A-Trademark-Lawsuit-Cost.html
Sunday, April 21, 2019
5 Things Startups Can Learn From Angel Investors
By: Tim Berry
Startups and high-growth businesses can learn a lot from angel investors, regardless of whether you’re seeking funding to grow your business or not. And if you pitch and get turned down, their feedback can be really valuable in helping you think about what you need to do next to meet your funding goals.
I’ve seen this over and over in my dealings, both as an angel investor on my own and as a member of a local angel investment group. Most angel investors don’t just reject startups—we explain why. And we don’t just say yes either; we explain what else is needed.
What we did at the Willamette Angel Conference (from 2009 to 2017) was the rule, not the exception. We took a $100 fee for submissions, and what we offered in return was real feedback. To see what I mean, take a look at the blog posts and videos available at Gust and do a web search for AngelList.
Angel investors are individuals willing to invest their own money to fund new startups. Most of them have made money with startups; they’ve been through the wringer, they’ve succeeded, and they are in a position to share. They can teach you a lot. So if you’re a startup, always focus on listening first.
Lesson 1: Not all good businesses are good investments
One of the most common misunderstandings is the assumption that angel investors invest in startups that will become strong, independent businesses.
However, the angel investors don’t make money from their investment until they can sell their ownership for actual real money—that is, until an exit, such as the business being acquired by a larger business, or registering for public stock sales. So, somewhat paradoxically, investing in a startup that becomes a healthy small business, generating its own cash and profits, can be a loss for investors. If that business never gives the investors a way to sell their ownership for actual money, then there is no return. No matter how good your business is, if it doesn’t offer investors cash out at some point, it’s a bad investment.
Read more >> https://articles.bplans.com/5-things-startups-can-learn-from-angel-investors/
Startups and high-growth businesses can learn a lot from angel investors, regardless of whether you’re seeking funding to grow your business or not. And if you pitch and get turned down, their feedback can be really valuable in helping you think about what you need to do next to meet your funding goals.
I’ve seen this over and over in my dealings, both as an angel investor on my own and as a member of a local angel investment group. Most angel investors don’t just reject startups—we explain why. And we don’t just say yes either; we explain what else is needed.
What we did at the Willamette Angel Conference (from 2009 to 2017) was the rule, not the exception. We took a $100 fee for submissions, and what we offered in return was real feedback. To see what I mean, take a look at the blog posts and videos available at Gust and do a web search for AngelList.
Angel investors are individuals willing to invest their own money to fund new startups. Most of them have made money with startups; they’ve been through the wringer, they’ve succeeded, and they are in a position to share. They can teach you a lot. So if you’re a startup, always focus on listening first.
Lesson 1: Not all good businesses are good investments
One of the most common misunderstandings is the assumption that angel investors invest in startups that will become strong, independent businesses.
However, the angel investors don’t make money from their investment until they can sell their ownership for actual real money—that is, until an exit, such as the business being acquired by a larger business, or registering for public stock sales. So, somewhat paradoxically, investing in a startup that becomes a healthy small business, generating its own cash and profits, can be a loss for investors. If that business never gives the investors a way to sell their ownership for actual money, then there is no return. No matter how good your business is, if it doesn’t offer investors cash out at some point, it’s a bad investment.
Read more >> https://articles.bplans.com/5-things-startups-can-learn-from-angel-investors/
Electronics Inventions Facing Patent Legal Adversity – Surprisingly Good News For Your Inventive Electronics!
By: Michael J Foycik Jr.
August 4, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
You may already know the patent hurdles facing inventions related to electonics. Over the last few years, the federal appellate courts have sharply limited what is and is not a patentable electronic invention.
At one major example, the case In re Bilski limited electronics and software claims to those that require hardware. Here's a very short listing of objections that have recently been seen: mere data-gathering is not a sufficient role for the device; the device is not truly needed to execute the invention and merely carries out the steps; and the device employs transformative steps that require no particular machine. Those are major hurdles to overcome. Yet, there are more such hurdles.
But, that's actually very good news for inventors in electronics! With fewer patents, it is easier for a new one to dominate a valuable technical area. Or, if you have a late inventive entry into a field and worry that you may be too late, an absence of patents could allow you in. And, of course, your invention may be the one to prevail, if your attorney knows what to do.
Any why is any of the above good news? Simple – most of the problems are in how the invention is being claimed, not in the invention itself. Many times, the invention itself could well be patentable, if claimed correctly. If your patent attorney knows the case law, you could do well!
Here's an example of what the knowledgeable patent attorney can put into a good claim. For a method claim using a computer or electronic hardware, the claim should recite a step of providing the computer or electronic hardware. But that's not usually enough: it also helps to add something worthwhile about the computer or electronic hardware into the preaamble of the claim.
Read more >> http://internationalpatentservice.com/Electronics-Inventions-Facing-Patent-Legal-Adversity.html
August 4, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
You may already know the patent hurdles facing inventions related to electonics. Over the last few years, the federal appellate courts have sharply limited what is and is not a patentable electronic invention.
At one major example, the case In re Bilski limited electronics and software claims to those that require hardware. Here's a very short listing of objections that have recently been seen: mere data-gathering is not a sufficient role for the device; the device is not truly needed to execute the invention and merely carries out the steps; and the device employs transformative steps that require no particular machine. Those are major hurdles to overcome. Yet, there are more such hurdles.
But, that's actually very good news for inventors in electronics! With fewer patents, it is easier for a new one to dominate a valuable technical area. Or, if you have a late inventive entry into a field and worry that you may be too late, an absence of patents could allow you in. And, of course, your invention may be the one to prevail, if your attorney knows what to do.
Any why is any of the above good news? Simple – most of the problems are in how the invention is being claimed, not in the invention itself. Many times, the invention itself could well be patentable, if claimed correctly. If your patent attorney knows the case law, you could do well!
Here's an example of what the knowledgeable patent attorney can put into a good claim. For a method claim using a computer or electronic hardware, the claim should recite a step of providing the computer or electronic hardware. But that's not usually enough: it also helps to add something worthwhile about the computer or electronic hardware into the preaamble of the claim.
Read more >> http://internationalpatentservice.com/Electronics-Inventions-Facing-Patent-Legal-Adversity.html
Monday, April 15, 2019
A Summary of Intellectual Property Rights and its Various Types
By: Vernita N. Reese
A highbrow property can be described as an introduction of thoughts that has a commercial cost. Certain rights are granted to the person who owns intellectual assets. Here is a quick review of such rights.
According to the World Intellectual Property Organization facts, 2013, the attention of submitting for IP safety various throughout geographical areas. Asia accounted for the biggest filing concentrations for patents, software fashions, emblems and industrial designs.
Rights
It is thought that, the concept of highbrow assets (IP) has its roots within the early Jewish law. Later, it emerged after the French Revolution, when the French liberal theorist, Benjamin Constant antagonistic the idea (‘of belongings which has been referred to as highbrow’), which became brought all through that time. The concept of highbrow assets was additionally mentioned inside the well-known 1845 Massachusetts Circuit Court ruling inside the patent case, Davoll et al. V. Brown. Subsequently, the World Intellectual Property Organization (WIPO) changed into hooked up in 1967. It is a United Nations specialized agency devoted to sell safety of international assets, across the globe. The term ‘highbrow assets’ became popular after the enactment of the Bayh-Dole Act (or Patent and Trademark Law Amendments Act) inside the United States, at some point of 1980.
What is Intellectual Property?
The term highbrow assets encompasses various styles of creations of mind, like inventions, works of art, tune compositions, movies, literary works, paintings, or even brand names and logos. According to the idea of intellectual property, such creations of mind are intangible or non-monetary assets with a commercial cost. The owners of such non-monetary property are granted some distinct rights over their creations, in order that they benefit financially, and/or earn reputation. However, it isn’t possible to get better or replace an highbrow property this is stolen. If stolen, the hobbies of the owner, over his/her introduction will get affected. So there must be legal guidelines to guard the ethical in addition to cloth interests of the proprietor over his/her intellectual assets. IP regulation offers with the rights assigned to proprietors of intellectual property.
Intellectual Property Rights
Intellectual Property
As cited in advance, the creators or owners are granted positive one-of-a-kind rights over their creations or works. Such extraordinary rights are called intellectual belongings rights. These rights help them advantage from their creations, and additionally enable them to shield their work. In that way, highbrow assets is like any other actual belongings that is financially beneficial for the owner. The economic benefits inspire human beings to provide you with new innovations and creations which could not directly raise economic increase.
Read more >> https://icasnetwork.com/a-summary-of-intellectual-property-rights-and-its-various-types/
A highbrow property can be described as an introduction of thoughts that has a commercial cost. Certain rights are granted to the person who owns intellectual assets. Here is a quick review of such rights.
According to the World Intellectual Property Organization facts, 2013, the attention of submitting for IP safety various throughout geographical areas. Asia accounted for the biggest filing concentrations for patents, software fashions, emblems and industrial designs.
Rights
It is thought that, the concept of highbrow assets (IP) has its roots within the early Jewish law. Later, it emerged after the French Revolution, when the French liberal theorist, Benjamin Constant antagonistic the idea (‘of belongings which has been referred to as highbrow’), which became brought all through that time. The concept of highbrow assets was additionally mentioned inside the well-known 1845 Massachusetts Circuit Court ruling inside the patent case, Davoll et al. V. Brown. Subsequently, the World Intellectual Property Organization (WIPO) changed into hooked up in 1967. It is a United Nations specialized agency devoted to sell safety of international assets, across the globe. The term ‘highbrow assets’ became popular after the enactment of the Bayh-Dole Act (or Patent and Trademark Law Amendments Act) inside the United States, at some point of 1980.
What is Intellectual Property?
The term highbrow assets encompasses various styles of creations of mind, like inventions, works of art, tune compositions, movies, literary works, paintings, or even brand names and logos. According to the idea of intellectual property, such creations of mind are intangible or non-monetary assets with a commercial cost. The owners of such non-monetary property are granted some distinct rights over their creations, in order that they benefit financially, and/or earn reputation. However, it isn’t possible to get better or replace an highbrow property this is stolen. If stolen, the hobbies of the owner, over his/her introduction will get affected. So there must be legal guidelines to guard the ethical in addition to cloth interests of the proprietor over his/her intellectual assets. IP regulation offers with the rights assigned to proprietors of intellectual property.
Intellectual Property Rights
Intellectual Property
As cited in advance, the creators or owners are granted positive one-of-a-kind rights over their creations or works. Such extraordinary rights are called intellectual belongings rights. These rights help them advantage from their creations, and additionally enable them to shield their work. In that way, highbrow assets is like any other actual belongings that is financially beneficial for the owner. The economic benefits inspire human beings to provide you with new innovations and creations which could not directly raise economic increase.
Read more >> https://icasnetwork.com/a-summary-of-intellectual-property-rights-and-its-various-types/
Sunday, April 14, 2019
NDAs: Trick or Treat - Do They Help, and Should You Want One?
By: Michael J Foycik Jr.
June 21, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
If you're an inventor, you've probably seen an NDA (Non-Disclosure Agreement). Do NDAs really help? And, can NDAs be enforced? Is there anything tricky there? Good questions, and you might be surprised by the answers!
It would help to know that an NDA covers trade secrets. Yes, you want to show your invention to someone, and that invention is covered by a patent application. But, that means your invention is a trade secret (assuming you haven't already published it already). So, your invention can also be your trade secret.
If your invention is stolen (misappropriated), you would probably prefer tort damages, instead of contract damages or patent damages. Here's why: tort damages can be punitive in nature and can therefore be big even when the infraction is small. Contract damages tend to be limited to the provable amount of money lost (there are exceptions). Patent damages cover actual infringement situations, provide a percentage of the lost profits (as one example, and there are exceptions), and require an issued patent. Every case is different, and the above is just a rough guide – you'll need to talk with a lawyer for specific advice. Note that an NDA is a contract and often specifies the damages and the law to be applied.
Here's the tricky surprise for the unwary: An NDA on its face seems to be a way to switch from trade secret damages to contract damages. The inventor, i.e. the trade secret owner, may very well not be too happy about that. Companies that want to look at inventors' trade secrets probably should like NDAs, and that's just what we often see.
Does an NDA really take away trade secret rights? That's hard to tell exactly, as it may well depend on the specifics of the situation. One may well expect an uphill fight to get trade secret damages if an NDA is involved.
It actual practice, let's say there is a minor breach of the inventor's trade secret rights (i.e., “the idea is stolen”). Trade secret damages could be quite high, especially where intent is proven. Contract damages are often limited to the actual harm such as lost profits, or to an amount specified in the NDA.
Read more >> http://internationalpatentservice.com/Trick-or-Treat.html
June 21, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
If you're an inventor, you've probably seen an NDA (Non-Disclosure Agreement). Do NDAs really help? And, can NDAs be enforced? Is there anything tricky there? Good questions, and you might be surprised by the answers!
It would help to know that an NDA covers trade secrets. Yes, you want to show your invention to someone, and that invention is covered by a patent application. But, that means your invention is a trade secret (assuming you haven't already published it already). So, your invention can also be your trade secret.
If your invention is stolen (misappropriated), you would probably prefer tort damages, instead of contract damages or patent damages. Here's why: tort damages can be punitive in nature and can therefore be big even when the infraction is small. Contract damages tend to be limited to the provable amount of money lost (there are exceptions). Patent damages cover actual infringement situations, provide a percentage of the lost profits (as one example, and there are exceptions), and require an issued patent. Every case is different, and the above is just a rough guide – you'll need to talk with a lawyer for specific advice. Note that an NDA is a contract and often specifies the damages and the law to be applied.
Here's the tricky surprise for the unwary: An NDA on its face seems to be a way to switch from trade secret damages to contract damages. The inventor, i.e. the trade secret owner, may very well not be too happy about that. Companies that want to look at inventors' trade secrets probably should like NDAs, and that's just what we often see.
Does an NDA really take away trade secret rights? That's hard to tell exactly, as it may well depend on the specifics of the situation. One may well expect an uphill fight to get trade secret damages if an NDA is involved.
It actual practice, let's say there is a minor breach of the inventor's trade secret rights (i.e., “the idea is stolen”). Trade secret damages could be quite high, especially where intent is proven. Contract damages are often limited to the actual harm such as lost profits, or to an amount specified in the NDA.
Read more >> http://internationalpatentservice.com/Trick-or-Treat.html
Thursday, April 11, 2019
5 Ways To Manage Intellectual Property For Startups
By: Admin
Intellectual property (IP) is a primary business component for many entrepreneurs. However, intellectual property differs from other company assets in the way that it is not tangible. Since it is not a piece of physical property, many entrepreneurs neglect to realize its value. As a result, they fail to protect it and lose any advantage they had over their competitors.
However, intellectual property protection is very important in entrepreneurship. To refrain from making the common mistakes, here are the best ways to protect intellectual property for startups.
1. Develop An IP Strategy.
In order to protect intellectual property properly, you need to develop an IP strategy. As with many business plans, there are many necessary elements to include in your strategy. For instance, your first step must be to determine all of your intellectual property assets. Such assets can include copyrights, trademarks, and industrial designs. Then, create timelines for how you will protect your assets and how you will enforce any infringements on your property. Develop an IP strategy so you have a set plan to follow throughout your startup. If done well, your strategy will ensure IP protection.
2. Conduct A Trademark Search.
Another way to protect intellectual property for startups is to conduct a trademark search. Many entrepreneurs run into legal issues when they fail to conduct a search. They put themselves in a vulnerable situation. If you design a trademark that has already been registered, you could create a liability. Consumers will have a hard time differentiating your business from the other business with the same trademark. Furthermore, the company who had already registered the trademark could take legal measures to eliminate this conflict. Protect intellectual property and your startup as a whole by conducting a trademark search before creating new claims.
3. Separate Employment Work.
Entrepreneurs who separate employment work from their new innovations need to understand intellectual property law. When entrepreneurs do not make this separation, they overwhelm themselves with conflicting obligations. Many employees sign confidentiality agreements upon accepting a job. If you signed such an agreement, your work at your job can interfere with protecting your intellectual property. If your idea relates to the work you do for your employer, you cannot legally protect your IP. In fact, the employer could claim rights to the IP. When employees try to claim protection under this circumstance, they break the contract that they signed. To guarantee that your obligations do not collide with one another, ensure that your job does not relate to your startup idea.
4. File For Patent Protection Early.
You can also protect intellectual property by filing for patent protection prior to disclosing your idea. If you file for a patent after public disclosure, you could potentially lose your patent rights. Public disclosure includes any non-confidential disclosure. With that being said, even speaking to your friends or family about your idea puts you at risk. In order to navigate the patent process, you may have to work with an intellectual property law group. According to A.E.I. Law, “a professional law group can assist you with the appropriate registrations and protocols for protecting these assets.” In the beginning, your startup can file a provisional patent to start presenting to investors. With the proper support, your startup can file for a patent application and protect the property as the business gets going.
Read more >> http://www.youngupstarts.com/2019/04/09/5-ways-to-manage-intellectual-property-for-startups/
Intellectual property (IP) is a primary business component for many entrepreneurs. However, intellectual property differs from other company assets in the way that it is not tangible. Since it is not a piece of physical property, many entrepreneurs neglect to realize its value. As a result, they fail to protect it and lose any advantage they had over their competitors.
However, intellectual property protection is very important in entrepreneurship. To refrain from making the common mistakes, here are the best ways to protect intellectual property for startups.
1. Develop An IP Strategy.
In order to protect intellectual property properly, you need to develop an IP strategy. As with many business plans, there are many necessary elements to include in your strategy. For instance, your first step must be to determine all of your intellectual property assets. Such assets can include copyrights, trademarks, and industrial designs. Then, create timelines for how you will protect your assets and how you will enforce any infringements on your property. Develop an IP strategy so you have a set plan to follow throughout your startup. If done well, your strategy will ensure IP protection.
2. Conduct A Trademark Search.
Another way to protect intellectual property for startups is to conduct a trademark search. Many entrepreneurs run into legal issues when they fail to conduct a search. They put themselves in a vulnerable situation. If you design a trademark that has already been registered, you could create a liability. Consumers will have a hard time differentiating your business from the other business with the same trademark. Furthermore, the company who had already registered the trademark could take legal measures to eliminate this conflict. Protect intellectual property and your startup as a whole by conducting a trademark search before creating new claims.
3. Separate Employment Work.
Entrepreneurs who separate employment work from their new innovations need to understand intellectual property law. When entrepreneurs do not make this separation, they overwhelm themselves with conflicting obligations. Many employees sign confidentiality agreements upon accepting a job. If you signed such an agreement, your work at your job can interfere with protecting your intellectual property. If your idea relates to the work you do for your employer, you cannot legally protect your IP. In fact, the employer could claim rights to the IP. When employees try to claim protection under this circumstance, they break the contract that they signed. To guarantee that your obligations do not collide with one another, ensure that your job does not relate to your startup idea.
4. File For Patent Protection Early.
You can also protect intellectual property by filing for patent protection prior to disclosing your idea. If you file for a patent after public disclosure, you could potentially lose your patent rights. Public disclosure includes any non-confidential disclosure. With that being said, even speaking to your friends or family about your idea puts you at risk. In order to navigate the patent process, you may have to work with an intellectual property law group. According to A.E.I. Law, “a professional law group can assist you with the appropriate registrations and protocols for protecting these assets.” In the beginning, your startup can file a provisional patent to start presenting to investors. With the proper support, your startup can file for a patent application and protect the property as the business gets going.
Read more >> http://www.youngupstarts.com/2019/04/09/5-ways-to-manage-intellectual-property-for-startups/
Wednesday, April 10, 2019
Great Ways to Invent – Get Incredible Features In Your Invention
By: Michael J Foycik Jr.
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
You want your invention to become a really successful product. You want it to be patentable. But you're not sure how. No problem! Here is one of the best ways to do it.
You'll first want to find unusual new things – products or novelties in search of a use. You want really great things, the kind that will inspire your creativity: new electronics, new compounds, new physics, and novel compositions with unusual features.
Those things are easy to find in the patent category for toys and novelties, because that is the haven for inventions in search of utility. Why? Because of the US Patent requirement for utility: no utility, no patent. So, if your utility is unknown, yet the invention seems interesting in some way, the easiest utility is as a toy or amusement device.
But how can you see those things conveniently? That's so easy – use an online search by class/subclass using the patent office web site. At the US Patent Office site, do a search by Class/Subclass. For toys, the Class is 446. Subclasses are by topic, for example 446/15 is for toys with soap bubbles.
You can find a topic by an index search, or by a manual of classification search. The steps are as follows. Go to the US Patent Office official site (www.uspto.gov). Click patents, which brings up a listing. Click the third item down, Classification. The topic you'll want for an index (word) search is “search USPC index schedule and definitions”, and the topic for a classification search is on the right hand side about a fourth of the way down called “browse listing of USPC Class numbers and titles.”
Read more >> http://internationalpatentservice.com/Great-Ways-to-Invent-Get-Incredible-Features-In-Your-Invention.html
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The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
You want your invention to become a really successful product. You want it to be patentable. But you're not sure how. No problem! Here is one of the best ways to do it.
You'll first want to find unusual new things – products or novelties in search of a use. You want really great things, the kind that will inspire your creativity: new electronics, new compounds, new physics, and novel compositions with unusual features.
Those things are easy to find in the patent category for toys and novelties, because that is the haven for inventions in search of utility. Why? Because of the US Patent requirement for utility: no utility, no patent. So, if your utility is unknown, yet the invention seems interesting in some way, the easiest utility is as a toy or amusement device.
But how can you see those things conveniently? That's so easy – use an online search by class/subclass using the patent office web site. At the US Patent Office site, do a search by Class/Subclass. For toys, the Class is 446. Subclasses are by topic, for example 446/15 is for toys with soap bubbles.
You can find a topic by an index search, or by a manual of classification search. The steps are as follows. Go to the US Patent Office official site (www.uspto.gov). Click patents, which brings up a listing. Click the third item down, Classification. The topic you'll want for an index (word) search is “search USPC index schedule and definitions”, and the topic for a classification search is on the right hand side about a fourth of the way down called “browse listing of USPC Class numbers and titles.”
Read more >> http://internationalpatentservice.com/Great-Ways-to-Invent-Get-Incredible-Features-In-Your-Invention.html
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Tuesday, April 9, 2019
10 Avoidable Mistakes That Could Doom Your Startup
By: Mark Glucki
90% of startups fail. It’s a new world of business, and only the strongest new companies will survive. So how do you avoid startup doom?
Sometimes failure comes down to sheer bad luck or influences beyond an entrepreneur’s control, but in many cases, it can come down to the same simple mistakes that companies make time and time again.
Here are 10 common errors to avoid if you want your business to last the distance.
1. Inadequate Market Research
It doesn’t matter how remarkable you think your product is if the market doesn’t agree with you. Very few startups offer an innovation that can truly revolutionize a space, so before you spend significant money on development and marketing, be sure your market research is up to scratch. Don’t waste time and resources on a white elephant with no demand.
2. Insufficient Startup Funding
All startups need to have a realistic plan for how they’ll operate until revenue starts to flow reliably. Almost always, this means having sufficient initial funding in place to see you through the first lean months or years, whether that’s through your own investment or via a third party funding partner.
3. Unsuitable Partner Choice
As vital as funding is, it’s a mistake to go into business with a partner just because of the capital they can inject. For long-term success, you also need to have a matching vision, common aims, and complementary skill sets.
4. Poor Customer Care
If gaining and retaining customers isn’t your number one aim, your company will struggle to develop any momentum. Providing great customer care and an excellent experience is a non-negotiable requirement for success.
5. Ignoring Revenue Needs
Especially in tech sectors, it seems fashionable for startups to focus on building a product range and a user base while leaving revenue worries until later. This rarely works out well. If you don’t have a strong, actionable idea about how you’ll generate revenue as you grow, gaining more customers could actually be a fast route to failure as your costs quickly outstrip your income
Read more >> https://liquidcapitalcorp.com/blog/business-growth/10-avoidable-mistakes-that-could-doom-your-startup/
90% of startups fail. It’s a new world of business, and only the strongest new companies will survive. So how do you avoid startup doom?
Sometimes failure comes down to sheer bad luck or influences beyond an entrepreneur’s control, but in many cases, it can come down to the same simple mistakes that companies make time and time again.
Here are 10 common errors to avoid if you want your business to last the distance.
1. Inadequate Market Research
It doesn’t matter how remarkable you think your product is if the market doesn’t agree with you. Very few startups offer an innovation that can truly revolutionize a space, so before you spend significant money on development and marketing, be sure your market research is up to scratch. Don’t waste time and resources on a white elephant with no demand.
2. Insufficient Startup Funding
All startups need to have a realistic plan for how they’ll operate until revenue starts to flow reliably. Almost always, this means having sufficient initial funding in place to see you through the first lean months or years, whether that’s through your own investment or via a third party funding partner.
3. Unsuitable Partner Choice
As vital as funding is, it’s a mistake to go into business with a partner just because of the capital they can inject. For long-term success, you also need to have a matching vision, common aims, and complementary skill sets.
4. Poor Customer Care
If gaining and retaining customers isn’t your number one aim, your company will struggle to develop any momentum. Providing great customer care and an excellent experience is a non-negotiable requirement for success.
5. Ignoring Revenue Needs
Especially in tech sectors, it seems fashionable for startups to focus on building a product range and a user base while leaving revenue worries until later. This rarely works out well. If you don’t have a strong, actionable idea about how you’ll generate revenue as you grow, gaining more customers could actually be a fast route to failure as your costs quickly outstrip your income
Read more >> https://liquidcapitalcorp.com/blog/business-growth/10-avoidable-mistakes-that-could-doom-your-startup/
Monday, April 8, 2019
Costly Misconceptions About NDA's (Non-Disclosure Agreements)
By:Michael J Foycik Jr.
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
You (the owner) has an invention, a business idea, or a trade secret. To develop your invention, start a business, or talk with investors, you'll need to share information with these recipients, and you'll want protection before showing them anything. Many think an NDA (Non-Disclosure Agreement) will solve this problem, but there are major pitfalls to avoid. And, an NDA might not be the best solution anyway.The biggest misconception, in my view: an NDA is intended to protect and help the owner of the invention, business idea, or trade secret. An NDA is much more likely to protect the recipient of the information, and not the owner. Let's see why that may be true.
Many NDA's provide for arbitration as a remedy rather than litigation, but that only benefits the richer party. Why? A court action can be filed for free or at very low cost, but an arbitration usually requires the payment of substantial fees up front, and more fees at later stages. When the recipient is a relatively substantial corporation or business, such fees may seem small, but to an individual or small businessperson such fees may be too great and they cannot enforce the NDA.
Normally, large companies fear litigation, and that is incentive for them to keep honest.
Another misconception: all NDA's are alike. Not at all. Each has to be studied in detail, because
many NDA's have fine print that lets the recipient off the hook. I have reviewed many NDA's over the years, and have found serious flaws in most of them: the legalese unbinds the recipient one way or another. Some unbind the recipient after a period of time, while others grant rights to the recipient. Some are written to be so confusing that they defy interpretation.
And, there is the misconception that an NDA is the best solution for safeguarding your rights. Often it is not. Keeping the information as a trade secret can be very effective due to the possibility of punitive damages when enforced by a court. There are steps that can readily be taken to secure and document trade secret status.
Read more >> http://internationalpatentservice.com/Costly-Misconceptions-About-NDA.html
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
You (the owner) has an invention, a business idea, or a trade secret. To develop your invention, start a business, or talk with investors, you'll need to share information with these recipients, and you'll want protection before showing them anything. Many think an NDA (Non-Disclosure Agreement) will solve this problem, but there are major pitfalls to avoid. And, an NDA might not be the best solution anyway.The biggest misconception, in my view: an NDA is intended to protect and help the owner of the invention, business idea, or trade secret. An NDA is much more likely to protect the recipient of the information, and not the owner. Let's see why that may be true.
Many NDA's provide for arbitration as a remedy rather than litigation, but that only benefits the richer party. Why? A court action can be filed for free or at very low cost, but an arbitration usually requires the payment of substantial fees up front, and more fees at later stages. When the recipient is a relatively substantial corporation or business, such fees may seem small, but to an individual or small businessperson such fees may be too great and they cannot enforce the NDA.
Normally, large companies fear litigation, and that is incentive for them to keep honest.
Another misconception: all NDA's are alike. Not at all. Each has to be studied in detail, because
many NDA's have fine print that lets the recipient off the hook. I have reviewed many NDA's over the years, and have found serious flaws in most of them: the legalese unbinds the recipient one way or another. Some unbind the recipient after a period of time, while others grant rights to the recipient. Some are written to be so confusing that they defy interpretation.
And, there is the misconception that an NDA is the best solution for safeguarding your rights. Often it is not. Keeping the information as a trade secret can be very effective due to the possibility of punitive damages when enforced by a court. There are steps that can readily be taken to secure and document trade secret status.
Read more >> http://internationalpatentservice.com/Costly-Misconceptions-About-NDA.html
Sunday, April 7, 2019
Cleantech Startups Thrive When They Collaborate With Government Agencies
By: Steve Hanley
An international team of researchers at the University of Cambridge, the Technical University of Munich, and the University of Maryland reports that startups which collaborate with government agencies file 73% more patent applications than those who do not pursue such collaboration. Their report, published March 7 in the journal Research Policy, is entitled Governments as partners: The role of alliances in U.S. cleantech startup innovation. The findings could have important implications for new green startups in the cleantech sector.
“Our findings suggest that some of the signs commonly used to track innovation and business success, such as patents and financing, increase when new cleantech companies partner with US government departments or labs,” says study co-author Laura Diaz Anadon, professor of climate change policy at the University of Cambridge. According to Science Daily, the patenting activity of a startup climbs by more than 73% every time they collaborate with a government agency on “cleantech” development — from next-generation solar cells to new energy storage materials.
The study also found that every time a cleantech startup licensed a technology developed by a government agency, the company secured more than double the amount of financing deals when compared to similar startups and a 155% increase one year after taking out a license.
Professor Claudia Doblinger at the Technical University of Munich, said: “Government research laboratories have a major role to play in the climate challenge but also the growth of small businesses — twin objectives at the heart of many policy discussions such as the Green New Deal in the United States.”
Read more >> https://cleantechnica.com/2019/03/20/cleantech-startups-thrive-when-they-collaborate-with-government-agencies/
An international team of researchers at the University of Cambridge, the Technical University of Munich, and the University of Maryland reports that startups which collaborate with government agencies file 73% more patent applications than those who do not pursue such collaboration. Their report, published March 7 in the journal Research Policy, is entitled Governments as partners: The role of alliances in U.S. cleantech startup innovation. The findings could have important implications for new green startups in the cleantech sector.
“Our findings suggest that some of the signs commonly used to track innovation and business success, such as patents and financing, increase when new cleantech companies partner with US government departments or labs,” says study co-author Laura Diaz Anadon, professor of climate change policy at the University of Cambridge. According to Science Daily, the patenting activity of a startup climbs by more than 73% every time they collaborate with a government agency on “cleantech” development — from next-generation solar cells to new energy storage materials.
The study also found that every time a cleantech startup licensed a technology developed by a government agency, the company secured more than double the amount of financing deals when compared to similar startups and a 155% increase one year after taking out a license.
Professor Claudia Doblinger at the Technical University of Munich, said: “Government research laboratories have a major role to play in the climate challenge but also the growth of small businesses — twin objectives at the heart of many policy discussions such as the Green New Deal in the United States.”
Read more >> https://cleantechnica.com/2019/03/20/cleantech-startups-thrive-when-they-collaborate-with-government-agencies/
PATENT ASSIGNMENTS - WHAT INVENTORS SHOULD KNOW
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.
If you're an inventor who is considering signing an Assignment of a patent or patent application, there are a few things you may want to know. Most questions concern the language of the Assignment itself, namely the promise to assign future improvements and to sign new patent applications related to the invention.
The typical Assignment includes language assigning the invention to the new owner (called the Assignee). That new owner is usually either an employer or someone who wishes to purchase the rights to the invention. For that new owner, some of the value of the invention may reside in the ability to file more patent applications, to make a family of products.
For example, let's say the invention is a big success; the new owner will surely want to file more patent applications for any likely variations that a competitor might try. And, let's say the original inventor has moved on to a new company or a new business. How much of a burden will be on that inventor, under the terms of the typical Assignment? And, what about new inventions the inventor later makes – will those need to be assigned to the new owner under the terms of the original Assignment?
The key to answering the above and other questions is in understanding the legal meaning of the term “invention” in the original Assignment. The term “invention” must necessarily refer to the invention as shown and described in the patent application, and to any “obvious” variations. Because the courts generally define the word “invention” in this manner, it would appear that the inventor's future obligations should not be overly burdensome.
For minor variations, the inventor will very likely have to sign future patent applications under the terms of the original Assignment. What are minor variations? Court decisions have enumerated those that most often occur, such as size, shape, color, obvious extra features, and the like.
But, if the variation itself rises to the level of a new invention, then it is likely a court would consider that to be beyond the scope of the original Assignment. There are many court decisions on this subject. This is where inventors can make money, since presumably there is a good reason for the new patent application, probably because the new owner (the Assignee) is making money on the invention. The Assignee of the original invention may have a lot at stake, and therefore may be willing to pay for the inventor's cooperation.
Read more >> http://internationalpatentservice.com/Patent-Assignments-What-Inventors-Should-Know.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.
If you're an inventor who is considering signing an Assignment of a patent or patent application, there are a few things you may want to know. Most questions concern the language of the Assignment itself, namely the promise to assign future improvements and to sign new patent applications related to the invention.
The typical Assignment includes language assigning the invention to the new owner (called the Assignee). That new owner is usually either an employer or someone who wishes to purchase the rights to the invention. For that new owner, some of the value of the invention may reside in the ability to file more patent applications, to make a family of products.
For example, let's say the invention is a big success; the new owner will surely want to file more patent applications for any likely variations that a competitor might try. And, let's say the original inventor has moved on to a new company or a new business. How much of a burden will be on that inventor, under the terms of the typical Assignment? And, what about new inventions the inventor later makes – will those need to be assigned to the new owner under the terms of the original Assignment?
The key to answering the above and other questions is in understanding the legal meaning of the term “invention” in the original Assignment. The term “invention” must necessarily refer to the invention as shown and described in the patent application, and to any “obvious” variations. Because the courts generally define the word “invention” in this manner, it would appear that the inventor's future obligations should not be overly burdensome.
For minor variations, the inventor will very likely have to sign future patent applications under the terms of the original Assignment. What are minor variations? Court decisions have enumerated those that most often occur, such as size, shape, color, obvious extra features, and the like.
But, if the variation itself rises to the level of a new invention, then it is likely a court would consider that to be beyond the scope of the original Assignment. There are many court decisions on this subject. This is where inventors can make money, since presumably there is a good reason for the new patent application, probably because the new owner (the Assignee) is making money on the invention. The Assignee of the original invention may have a lot at stake, and therefore may be willing to pay for the inventor's cooperation.
Read more >> http://internationalpatentservice.com/Patent-Assignments-What-Inventors-Should-Know.html
Tuesday, April 2, 2019
Trademark Protection Costs in Europe: Southern Europe
By: Anthony De Andrade
In our previous article, Patent Protection Costs in Europe: Southern Europe, we illuminated the costs of protecting inventions and innovations (i.e., the costs of patent protection) in the Southern European economies of Greece, Italy, Portugal, and Spain. In this article, we shall delve into the costs of brand protection (i.e., the costs of trademark filing and registration) in the top Southern European economies.
Southern Europe
For the purposes of this article, the region of Southern Europe refers to the region encompassing the following countries and territories: Albania, Andorra, Bosnia and Herzegovina, Croatia, Gibraltar, Greece, Italy, Malta, Montenegro, Portugal, San Marino, Serbia, Slovenia, Spain, the Former Yugoslav Republic of Macedonia, and Kosovo. This classification is in line with that followed by the Department of Economic and Social Affairs of the United Nations.
Trademark Filings in Southern Europe
In the year 2016, the National Intellectual Property/Trademark Offices of Albania, Andorra, Bosnia and Herzegovina, Croatia, Greece, Italy, Malta, Montenegro, Portugal, San Marino, Serbia, Slovenia, Spain, and Macedonia collectively received close to 275,000 trademark applications, with about two-thirds of the total trademark applications being filed with the Italian Patent and Trademark Office and the Spanish Patent and Trademark Office. Along with Italy and Spain, Portugal was the only other jurisdiction to receive more than 25,000 trademark applications.
However, as the countries of Croatia, Greece, Italy, Malta, Portugal, Slovenia, and Spain are also members of the European Union, European Union Trademarks registered by the European Union Intellectual Property Office are also valid in these jurisdictions. The European Union Intellectual Property Office received 369,970 trademark applications in 2016. These figures are based on the numbers in the World Intellectual Property Indicators 2017 report published by the World Intellectual Property Organization.
How Much Does Trademark Protection Cost in Southern Europe?
Let us now discuss the costs involved in protecting trademarks in the top three Southern European economies (i.e., Italy, Portugal, and Spain) and, subsequently, getting them registered. Typically, there are three categories of costs involved: official fees, attorney charges, and translation costs.
The costs are generally dependent on the number of classes of goods and services under which the trademark application is filed. The current version of the ‘International Classification of Goods and Services’ (Nice Agreement Eleventh Edition — Version 2018) contains 34 classes for goods and 11 classes for services.
Read more >> https://medium.com/@quantifyip/trademark-protection-costs-in-europe-southern-europe-3d0b16239b3a
In our previous article, Patent Protection Costs in Europe: Southern Europe, we illuminated the costs of protecting inventions and innovations (i.e., the costs of patent protection) in the Southern European economies of Greece, Italy, Portugal, and Spain. In this article, we shall delve into the costs of brand protection (i.e., the costs of trademark filing and registration) in the top Southern European economies.
Southern Europe
For the purposes of this article, the region of Southern Europe refers to the region encompassing the following countries and territories: Albania, Andorra, Bosnia and Herzegovina, Croatia, Gibraltar, Greece, Italy, Malta, Montenegro, Portugal, San Marino, Serbia, Slovenia, Spain, the Former Yugoslav Republic of Macedonia, and Kosovo. This classification is in line with that followed by the Department of Economic and Social Affairs of the United Nations.
Trademark Filings in Southern Europe
In the year 2016, the National Intellectual Property/Trademark Offices of Albania, Andorra, Bosnia and Herzegovina, Croatia, Greece, Italy, Malta, Montenegro, Portugal, San Marino, Serbia, Slovenia, Spain, and Macedonia collectively received close to 275,000 trademark applications, with about two-thirds of the total trademark applications being filed with the Italian Patent and Trademark Office and the Spanish Patent and Trademark Office. Along with Italy and Spain, Portugal was the only other jurisdiction to receive more than 25,000 trademark applications.
However, as the countries of Croatia, Greece, Italy, Malta, Portugal, Slovenia, and Spain are also members of the European Union, European Union Trademarks registered by the European Union Intellectual Property Office are also valid in these jurisdictions. The European Union Intellectual Property Office received 369,970 trademark applications in 2016. These figures are based on the numbers in the World Intellectual Property Indicators 2017 report published by the World Intellectual Property Organization.
How Much Does Trademark Protection Cost in Southern Europe?
Let us now discuss the costs involved in protecting trademarks in the top three Southern European economies (i.e., Italy, Portugal, and Spain) and, subsequently, getting them registered. Typically, there are three categories of costs involved: official fees, attorney charges, and translation costs.
The costs are generally dependent on the number of classes of goods and services under which the trademark application is filed. The current version of the ‘International Classification of Goods and Services’ (Nice Agreement Eleventh Edition — Version 2018) contains 34 classes for goods and 11 classes for services.
Read more >> https://medium.com/@quantifyip/trademark-protection-costs-in-europe-southern-europe-3d0b16239b3a
Monday, April 1, 2019
Trade Secrets - Better Protection Than a Patent for New Products and Inventions?
By: Michael J Foycik Jr.
May 24, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
You can establish a trade secret overnight, but not a patent. A patent takes longer. And, even if you could, would it really provide much protection against copying by distributors, retailers, developers, or investors? Here's a surprisingly useful answer.
A trade secret has some big advantages. It is effective against anyone you have direct dealings with. The damages for a trade secret violation are not limited to direct damages – they can be large enough to justify legal action against even a small or token violation. This is very unlike a patent, where it is necessary to show actual, direct damages; those damages tend to be somewhat small; and where it can be quite difficult to obtain punitive damages.
So, why isn't there a “trade secret” office? And, why doesn't everyone go after a trade secret first, instead of a patent? Excellent questions. A patent protects your invention after it is no longer secret, and it affects strangers who may innocently infringe patent rights. So, a patent is very worthwhile, once you've gotten a good start. But until then, all you really have going for you are your trade secret rights.
Let's see why there's no “trade secret” office. First, you can easily establish your trade secret rights yourself. How? Start by documenting the materials you regard as your trade secret, and mark the pages “confidential.” You can just mark the cover page as confidential, but more is better. Whenever you show the materials to anyone, document that: write a note to yourself stating who saw the materials and when they saw them; and put a copy of the exact materials shown in an envelope. If you have witnesses, write down their names. If there were telephone calls or emails, note those; and so on.
Read more >> http://internationalpatentservice.com/Trade-Secrets-Better-Protection-Than-a-Patent-for-New-Products-and-Inventions.html
May 24, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
You can establish a trade secret overnight, but not a patent. A patent takes longer. And, even if you could, would it really provide much protection against copying by distributors, retailers, developers, or investors? Here's a surprisingly useful answer.
A trade secret has some big advantages. It is effective against anyone you have direct dealings with. The damages for a trade secret violation are not limited to direct damages – they can be large enough to justify legal action against even a small or token violation. This is very unlike a patent, where it is necessary to show actual, direct damages; those damages tend to be somewhat small; and where it can be quite difficult to obtain punitive damages.
So, why isn't there a “trade secret” office? And, why doesn't everyone go after a trade secret first, instead of a patent? Excellent questions. A patent protects your invention after it is no longer secret, and it affects strangers who may innocently infringe patent rights. So, a patent is very worthwhile, once you've gotten a good start. But until then, all you really have going for you are your trade secret rights.
Let's see why there's no “trade secret” office. First, you can easily establish your trade secret rights yourself. How? Start by documenting the materials you regard as your trade secret, and mark the pages “confidential.” You can just mark the cover page as confidential, but more is better. Whenever you show the materials to anyone, document that: write a note to yourself stating who saw the materials and when they saw them; and put a copy of the exact materials shown in an envelope. If you have witnesses, write down their names. If there were telephone calls or emails, note those; and so on.
Read more >> http://internationalpatentservice.com/Trade-Secrets-Better-Protection-Than-a-Patent-for-New-Products-and-Inventions.html
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