Real 3D Metal Printing That is Happening Now, Some Questions About Uses, and Patent Values

By: Z. Mike at ZMIKE.IP@gmail.com
May 31, 2019
The author is a patent attorney who helps clients with inventions, startups, and advice on crowdfunding sites, and currently also advises investors and investment companies in patent and trademark related matters including valuation. The author has over 28 years experience in advising companies in patents and trademarks. For further information, please email at ZMIKE.IP@gmail.com.

I have a very big question, and I hope and believe some of the readers will have the answer. If so, please let me know. 

I was surprised a few days ago to watch a 3D printer, which was using metal wire to make a complex solid metal object in real time. The surprise was because I was there to see something else, but this held my interest. The metal object was then cooled, polished, and finished. 

Later, I saw a second, identical metal object, or so I thought. I was asked if I could tell which one had just been made, and which was from a large bin of such objects that were purchased from a manufacturer. After a little effort, I couldn't guess, but it leads me to a few questions as follows. 

Can the printer make other objects, using other commercially valuable metals? The engineer smiled and made a free-hand sculpture using a light aluminum-like metal. He switched the wire feed to a different color material, somewhat darker, and entered changes to the controller, and made another free-hand sculpture. 

I had more questions: how many different kinds of metal can they use? What about stainless steel? Or, high tech alloys? How accurate? The answers would have to wait for another day. 

I wonder is there are high-value uses for such a metal printer, perhaps something related to vehicles or flight. Despite my own experiences working with manufacturers and machine shops, I'm not aware of many exotic or high value uses. 

And that is the really big question. What will such a 3D metal printer make? Are there truly high value uses? What parts make it work and have patent value? What would be the value of such an invention and its patents? Those are questions with no answers. 

Read more >> http://internationalpatentservice.com/3D-Metal-Printer-End-User-Patent-Value.html

A New Startup Business: What Is Needed For Success

By: Michael J Foycik Jr.
May 29, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.

So you're starting a new business, congratulations! The sky's the limit. If your new startup business is based on a new idea, a new concept, or a new invention, then you'll need something first. 

What will you need for success? At least one thing: something unique that you own. The key word here is “own” and that includes intellectual property: patent rights, trademark rights, copyright rights, and trade secret rights. Otherwise, your initial success can be copied or taken by anyone. 

You should have a pending application of some type. That is, unless you already have an issued patent or a registered trademark, though a startup is unlikely to have either one. What you can have is a pending application: a pending patent application, a pending trademark application, or both. For some businesses, a copyright application is needed instead of, or in addition to, a patent application. 

A pending application documents ownership, as of the filing date. For patent applications, the law now is first-to-file. If you wait to file a patent application, anyone can take your idea and file on it. So be the first! If you are first, then your rights are documented by the filing of the application. 

Costs can be kept fairly low on the patent side by filing a provisional patent application (PPA), which gives true patent pending rights for one year, which can give priority rights for any later filed utility patent application. The PPA also documents trade secret rights when the subject matter is kept confidential, and such rights can be valuable. 

Read more >> http://internationalpatentservice.com/A-New-Startup-Business.html

Amazon Filed A Patent To Record You Before You Even Say "Alexa"

By: Nicole Nguyen

Amazon has filed a patent application with the US Patent and Trademark Office describing a technology that would allow the Echo and other Alexa-enabled devices to capture what you say before a wake word, like “Alexa,” is uttered. Currently, Alexa devices only record and send audio to Amazon servers if a wake word is detected. Should Amazon decide to develop or implement the technology, an Alexa-enabled device would constantly record and delete what you say using the device’s local memory storage.

The patent application, which was made public today, offers insight into Amazon’s ambitions to expand the capabilities of its voice recognition technology. Alexa devices currently can’t understand commands when the wake word comes after or in the middle of a sentence. But images in the patent application offer “Play some music, Alexa” and “Play some music, Alexa. The Beatles, please” as examples.

“While such phrasings may be natural for a user, current speech processing systems are not configured to handle commands that are not preceded by a wakeword,” wrote the patent application’s authors, Kurt Wesley Piersol and Gabriel Beddingfield. “Offered is a system to correct this problem.”

In a statement, an Amazon spokesperson told BuzzFeed News, “The technology in this patent is not in use, and referring to the potential use of patents is highly speculative.” The spokesperson added that Amazon files many patent applications that are not ultimately implemented into consumer-facing products, and that patents do not necessarily reflect “current or near-future states of products and services.”

Read more >> https://www.buzzfeednews.com/article/nicolenguyen/amazon-echo-record-audio-before-alexa-wakeword-patent

Now is the Time to Consider an EPO Patent Application for Coverage in European Union Countries

By: Michael J Foycik Jr.
May 27, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.

Thinking of foreign patents? Then its time to consider an EU (European) patent application! 

Why now? Because the EU law is transitioning toward a single filing to cover all of the subscribing EU member countries. 

Applications filed now are said to be covered by the new law when it changes, likely in 2015 or 2016. Such an application is examined, and if granted provides patent protection in all subscribing EU countries. The filing can be in any EU language, which includes English, removing the need for expensive translations. 

Most companies need protection in the US, but dread the costs of filing in multiple European countries. Sure, you've heard of companies spending hundreds of thousands of dollars. But, consider that an EU application can be filed for less than USD 7500 in many cases, including attorneys fees and government filing fees. Design patent applications are even less. 

What about EU trademark applications? Those are affordable too! Filing can be at a total cost of less than USD 6500, including legal fees and government fees. No actual use is needed for filing. Ideally, your company name should be protected as soon as possible, before competitors can try to get rights in the EU on your trademark. 

Read more >> http://internationalpatentservice.com/Now-is-the-Time-to-Consider-an-EPO-Patent-Application-for-Coverage-in-European-Union-Countries.html

A UK Company Appears to have Successfully Trademarked the Name ‘Bitcoin’

By: Justin Szilard 

A London, UK based company, A.B.C. IPHoldings South West, appears to have successfully trademarked the name ‘Bitcoin’ in relation to clothing and manufactured products.

The trademark filing dates back to December 22 2017 with the Intellectual Property Office (IPO) in the United Kingdom. It was revealed after a representative of the company reached out to an Etsy entrepreneur selling t-shirts branded with ‘Bitcoin’. The letter stated “[Our Client] has not authorised your use of the Bitcoin trademark on and in relation to clothing. Such use, therefore, amounts to trademark infringement pursuant to s10(1) of the Trade Marks Act 1994.” Little is know about the company other than one other trademark registration for ‘Westworld’.

The trademark designated as ‘UK00003279106 Bitcoin’ was officially recorded on April 13 2018. The trademark also lists all items that cannot display the ‘Bitcoin’ name without explicit permission such as “adult clothing, infants’ clothing, shoes, headbands, socks, and nearly everything that can be manufactured into a product”. The patent is a surprise to the community since Urban Trend attempted to trademark ‘Bitcoin’ with the United States Patent and Trademark Office (PTO) in March of 2015, but was denied. Back in January 2015, The Bitcoin Foundation issued a statement against attempts to trademark the name ‘Bitcoin’ saying it is “a generic term like the terms used for other currencies such as “dollar”, “euro,” “yen,” etc.” and they are “committed to doing what it can to protect the term “Bitcoin” for public use”.

Difficulty of defensive protection within the cryptocurrency space

Cryptocurrency was designed to be open-source for anyone to use and improve, which includes selling the names and logos of cryptocurrencies on shirts without paying royalties or getting permission from any specific centralized organization. However, with the large amount of money in the cryptocurrency space, there is an incentive for bad actors to attempt to corner the market with government protections of trademarks to extract royalties from current market participants.

Within the old system, individuals and companies that wanted to protect open access could simply file defensive patents to protect their property from malicious attacks or file it under the creative commons license. This incident does raise future legal questions due to the fact that it will be extremely difficult for the trademark owner to prove that they created the idea of placing the name ‘Bitcoin’ on clothing items. However, it nevertheless highlights the difficulty of fending off patent trolls when the owners are a loose confederation of voluntary individuals rather than a single individual or company.

Read more >> https://dashnews.org/a-uk-company-appears-to-have-successfully-trademarked-the-name-bitcoin/

Unpatentable - No Problem! Tips To Protect Your Idea Anyway

By: Michael J Foycik Jr.
May 21, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.

So your new idea might not be patentable. Don't let that stop you! Here's some tips on what to do when your invention is not patentable. 

Tip one: mark everything “confidential” and protect it under trade secret law. 

Tip two: anything can be a trade secret. It just depends on the person seeing it. If it's new to them, and it's marked confidential, then it's a trade secret. 

Tip three: a trade secret is probably better than a patent when it comes to those you have direct contact with. This is helpful if the idea is misappropriated by a retailer, distributor, developer, investor, and anyone else who sees the idea through you. 

Tip four: file a provisional patent application (“PPA”). It documents your trade secret, the date of filing, and the ownership. As a government record, it is evidence. Few things could be as good. 

Tip five: mark your materials with a copyright symbol. It triggers at least some degree of copyright protection in many cases. This is done by use of the copyright symbol followed by the date and owner. Here's a made-up example: © 2014 ZYX Corp. 

Read more >> http://internationalpatentservice.com/Unpatentable-No-Problem-Tips-To-Protect-Your-Idea-Anyway.html

Startups with Patents are the Ultimate Anti-Monopoly

By:  Paul Morinville

Patents are often referred to as monopolies. But that is a fundamental misunderstanding of how patents work to enhance competition. The truth is that a patent is a natural anti-monopoly.

In a functioning patent system, inventions become investible assets when they are patented, and the value of the invention increases as market demand increases. Because of the direct relationship between market demand and patent value, a patented invention can attract enough investment to compete with entrenched incumbents in the market for the invention.

This effect introduces new competitors into the market who are protected against incumbents for a long enough period that they can survive after the patent expires. Thus, patents act to increase competition by introducing new competitors into the market and thereby create competitive markets. But perhaps even more important, some inventions deliver a strong dose of creative destruction to monopolistic incumbents who did not innovate fast enough, causing those companies to fail and clearing the market of dead weight, thus opening the market to innovative new companies.

Patents are the ultimate anti-monopoly in a free market. But for this to work, the market must function undisturbed by crony laws and regulations. A patent must be a presumed valid “exclusive Right.”

The Exclusive Right Creates Market Scarcity

Like any free market, the value of an invention is determined by variations in supply and demand. Demand for an invention cannot be increased or decreased for an invention except by market effects outside of the invention. But supply is different.

If supply for an invention is unlimited, the value of the invention is zero no matter how high demand goes. Therefore, an invention with unlimited supply has no value and can never attract investment. The problem of unlimited supply was corrected by the Founders, who wisely constructed a patent as an “exclusive Right” in the U.S. Constitution. (The word Right is used only once in the Constitution and capitalized in the original.)

The exclusive Right creates scarcity in the market for the invention—it prevents anyone other than the inventor from commercializing an invention protected by a patent. This limits supply so that demand can act to increase the patent’s value. Thus, the exclusive Right creates an investible asset that can be collateralized to attract enough investment to commercialize an invention and supply it at a level that meets demand.

Read more >> https://www.ipwatchdog.com/2019/04/09/startups-with-patents-are-the-ultimate-anti-monopoly/id=108102/

Quick And Easy Steps To Get Your Patent Application On File

By: Michael J Foycik Jr.
May 19, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.

Need a patent application on file in a hurry? This happens, for example, if you have a trade show coming up, or want to show your idea/invention to anyone. 

First, write some things down: what it is called; what it does; how it works; and what it is made of. This part can be short or long, as you prefer. It is a great start either way! 

Second, make simple sketches of what your idea/invention looks like. Show the parts, too. It's good to have several views, such as top, front, and side views. 

Third, get an official patent office cover sheet for a provisional patent application online at www.uspto.gov, at the forms page. It's easy to find. 

Fourth, check out the micro entity form and instructions. If you qualify (most do), you are entitled to much lower government fees, and fill out the micro entity form. 

Fifth, put the information from the above first and second steps into the form of a standard specification with headings. This is easy to find at the www.uspto.gov site. 

Sixth, file online or by Express Mail. The above-noted official patent office site has easy instructions for this. 

No time for all of the above? Not good with government forms? No problem! Contact a patent attorney for assistance. You'll need just the information from the first and second steps above, to get started. A good patent attorney should be able to review your materials quickly and at low cost, and let you know if anything else is needed.

Read more >> http://internationalpatentservice.com/Quick-And-Easy-Steps-To-Get-Your-Patent-Application-On-File.html

A Summary of Intellectual Property Rights and its Various Types

By: Todd R. Brain

Highbrow belongings can be described as an advent of thoughts that have a commercial value. Certain rights are granted to the person that owns an intellectual property. Here is a quick evaluation about such rights.
TAGGED UNDER: Intellectual Property

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According to the World Intellectual Property Organization information, 2013, awareness of submitting for IP protection various across geographical areas. Asia accounted for the most important filing concentrations for patents, utility fashions, emblems and commercial designs.
It is believed that the idea of highbrow property (IP) has its roots inside the early Jewish regulation. Later, it emerged after the French Revolution, whilst the French liberal theorist, Benjamin Constant opposed the idea (‘of assets which have been known as highbrow’), which turned into added throughout that time. The idea of highbrow assets become additionally stated in the famous 1845 Massachusetts Circuit Court ruling in the patent case, Davoll et al. V. Brown. Subsequently, the World Intellectual Property Organization (WIPO) was set up in 1967. It is a United Nations specialized enterprise dedicated to promoting protection of global property, throughout the globe. The time period ‘intellectual assets’ have become popular after the enactment of the Bayh-Dole Act (or Patent and Trademark Law Amendments Act) within the United States, at some stage in 1980.

Read more >> https://mygeneral.org/a-summary-of-intellectual-property-rights-and-its-various-types/

Google Secrets No More - What Recent Google Patents Tell Us About SEO, Ads, and More

By: Michael J Foycik Jr.
May 16, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.

There are interesting features in several recently issued Google patents.  There are interesting insights, possibly secrets revealed, and opportunities too.  Let's have a quick look.

A favorite of this author is Patent Number 8,589,391, which relates to a method for generating web site ratings for a user.  This seems to be very useful.  You can look this patent up online by searching “google patents advanced search” which brings up an option to search by patent number.  I do recommend this, since there is an option to download the patent as a pdf file; this applies to the following patents as well.

And, something functional: Patent Number 8,589,387, for an Information Extractor from a Database, also assigned to Google.  Here's an opportunity – if this is so important, other firms may well be able to develop improved/different methods for doing this which may well be of interest to search engine companies like Google. 

More insights into the Google field of interest: Patent Number 8,589,399, for identifying terms of interest to an entity.  This has obvious interest to marketers, but may have broader implications.  And, there could be secrets revealed therein.  Worth a look!

More opportunities for programmers and marketers may be in Patent Number 8,549,032, also to Google, for determining proximity to topics of advertisements.  If this is still of importance now, other methods could well be of importance too.  There seems to be room for growth in this field. 

How about new ways of verifying access?  Here's a fun one: Patent Number 8,542,251, also to Google.   It relates to access using image based manipulation.  What type of manipulation?  Read the patent and find out!  There may be a lot of room for further development in this area, and surely there is interest in it. 

Read more >> http://internationalpatentservice.com/Google-Secrets-No-More.html

Dos and Don’ts of IP Protection for Tech Startups

By: CHINH H.PHAM

The launch of a startup is an exciting time for any tech entrepreneur. As you embark on this adventure, it is critical to establish a strong legal foundation that protect your intellectual property (IP) and tech innovation. Unfortunately, many tech startups underestimate just how integral a strong IP strategy is to commercial success and revenue generation. In order to safeguard its IP, a tech startup should consider the following dos and don’ts.

Do Avoid Public Disclosure of Your Innovation

Public disclosure of your innovation can be dangerous for a tech startup. Even if unintentional, any public disclosure can delay or even end the patent process, especially when you seek to pursue patent protection outside the U.S. To avoid inadvertently disclosing your innovation to the public, tech startups should be careful not to do the following:

> Don’t Conduct Research & Development in the Open: With the growth of co-working spaces, conducting research and development (R&D) in the open should be avoided. Many developers are unaware that conducting R&D in the open is technically considered a public disclosure and can foreclose patent protection in most countries. While the United States does allow a one-year grace period for filing for patent protection, it is still a best practice to avoid any type of public R&D.
> Don’t Discuss Plans for Future Innovations: Even after a tech startup has filed a patent application, it is critical to limit any presentations or discussions to only the subject matter that exists in the filed patent application. Discussing future innovations – even in the context of a brainstorming session – can be construed as a public disclosure, which may preclude patent protection. Tech startups can avoid this undesired outcome by simply choosing not to partake in discussions about future innovations. If pressed, you can simply state that a patent application is in process to protect the innovation, and once filed, you will be happy to discuss.

Read more >> http://vc-list.com/ip-protection-tech-startups/

Claims In A Patent Application - What You Should Know

By: Michael J Foycik Jr.
May 14, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.

What is a broad claim?  How can you protect your invention when competitors make slight changes?  Should you even worry about these things?  Here is a simple guide that may help.

There is a law of claim infringement that is worth knowing.  A claim is infringed if the accuses product has each and every limitation of the claim.  What's that mean?  Well, suppose a claim for a pencil reads:  “An implement for marking having a hollow tubular portion having a spreadable substance inside.”  Then, a pencil having an eraser would still infringe – the added feature of the eraser does not matter.  Even more importantly, that claim even reads on a lipstick case.  What a wonderful claim!

You too can have good – even wonderful – claims, if your invention can support them.  The one problem is that the patent examiner rejects any claims that would read on the prior art patents.  So, no one else can ever get a claim for a pencil as broad as the above example, now that pencils are part of the prior art.

Let's say your invention has all kinds of wonderful and exciting features.  Many do!  How should be approach the claims for such a product?

One approach is to have several “independent” claims, which do not depend from any other claim.  Many of the features can then be added as depended claims, like this:  Dependent claim 2 for the above pencil invention could read:  “Claim 2:  An implement as claimed in claim 1, further comprising an eraser disposed at one end of the tubular portion.”

By this approach, you would make your independent claims as broad – and as different – as possible.  Then, you would add more limitations by way of dependent claims.  That way, if the patent examiner allows the application, your protection is broad and strong.  If the patent examiner rejects the broader claims, there is still a range of features for the patent examiner to choose from, which he/she might deem allowable. 

Read more >> http://internationalpatentservice.com/Claims-In-A-Patent-Application-What-You-Should-Know.html

Why Intellectual Property Protection Is Crucial For Startups

By: Dinesh Jotwani

Nearly 90% of startups fail within their first five years. With the odds stacked against them, they need nearly everything to fall into place to succeed including Intellectual Property Rights.

A startup is essentially a disrupter. It disrupts an existing market by providing more convenient service, a service at a lower cost, or both. Every startup that enters a market believes it has a unique strategy. At the heart of every startup’s strategy is usually a technology and a clever name or attractive logo.

Intellectual Property Is Crucial For Startups

The surest way a startup can succeed against larger rivals is by patenting its innovations and inventions. Patents level the playing field between startups and incumbents by ensuring those who innovate are adequately rewarded.

When a startup patents its ideas its valuation increases and it is likely to attract investors. This is because investors are more likely to acquire a startup whose patents, designs, and trademarks are protected.

When a startup patents its ideas, it is the only entity that can take advantage of creating products or services using its patents. This allows it to create unique products and services that have a good chance of success, thereby increasing profits.

Read more >> https://inc42.com/resources/intellectual-property-protection-crucial-startups/

Responding to Restriction and Election Requirements in Patent Applications

By: Michael J Foycik Jr. 
December 19, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.

It is not at all uncommon to receive an Office Action in a pending U.S. Patent application which is a Restriction requirement or an Electrion requirement. These are two different things, though they may seem similar. Here are a few things to know.

A restriction requirement is normally for completely separate inventions, based strictly on what is claimed. For example, let's say an application is directed to a new mirror and a new hammer. Restriction? Maybe, but it depends on the claims. If there are separate independent claims which recited the mirror and the hammer separately, then a restriction requirement may be made.

In responding to a restriction requirement, it is necessary to elect one of the inventions for further examination. It is possible to contest such a requirement, but there is little likelihood of success. The non-elected invention(s) will likely not be examined, but can be claimed in a future patent application called a “divisional”. A new government filing fee will be due. Advantageously, this means that the applicant's rights have additional life, and sometimes this is useful. For example when competitors try to invent around the claims, the claims in the pending application can be changed.

An election requirement can be similar to the above-noted restriction requirement in some ways. Here, let's say an invention is directed to a new mirror having five different forms.

Read more >> http://internationalpatentservice.com/Responding-to-Restriction-and-Election-Requirements-in-Patent-Applications.html

How to protect your tech startups ?

By: Anita Mar

What should tech startups do to legally protect their business?

Many new and aspiring business owners are reluctant to share their new business idea. The is of course a risk that by sharing an idea with others that the idea could be copied and produced as a competitor. While this fear may be founded, you should understand how you can legally protect your startup, as there are a few options.

Over the last 5 years, the rate of business creation within the tech industry has continued to increase so it’s important for all new ventures to protect their identity.

Can a business startup protect an idea?

You cannot protect a business idea. This comes as a surprise to many new business owners. While a business idea cannot be protected, creative expressions of an idea can be protected. Examples of artistic expressions can be a painting, an article, a song, music or a poem. All of these are protected by copyright. A business idea itself is not considered an artistic work and cannot be protected.

The name, however, under which a startup proposes to trade could be registrable as a trademark.

Similarly, if the business idea is to produce or make a new and innovative product then, this creation/invention may be protected through a patent. Every case is individual and should be referred to an expert before a decision is made.

How can you protect a startup?

Use a non-disclosure agreement (NDA) – As in most cases, you cannot protect a business idea, an NDA is a great option and can be used to prevent other people and companies from sharing the idea. Developers, employees and others with whom you share your idea with can be bound by an NDA.

An NDA is a legal contract between two people or entities that states what information will be shared between them and what information cannot be shared with other people or companies.

Some cautious tech startups have a policy of getting everyone to sign an NDA including investors. Some consider this to be an unnecessary step so it is advisable that you remain flexible when dealing with investors, especially when they have a large stake in your business.

Some cautious tech startups have a policy of getting everyone to sign an NDA including investors. Some consider this to be an unnecessary step so it is advisable that you remain flexible when dealing with investors, especially when they have a large stake in your business.

Start building your business beyond the idea stage – As a tech startup, you will have to create an initial base code, which could be eligible for copyright protection. If you hire developers to work for you, then you should ensure to assign the copyright to yourself as the business owner. Copyright protection relies on clear ownership and you should keep all records that prove creation and/or authorship so that the copyright can be verified.

Read more >> https://trademarkangel.com/what-should-tech-startups-do-to-legally-protect-their-business/

What Is Patentable?

By: Michael J Foycik Jr. 
November 15, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.

Wonder what is patentable? When a good idea could becomes a valuable right? If so, read on!

The legal standards are simple to state: anything new an unobvious. But, what is new? And, what is unobvious? This is discussed as follows.

Anything “new” would include a new arrangement of old parts, an arrangement which achieves a new result, and any improvement to an existing device. These all may be deemed to be new and can therefore support a patent application. A very small improvement is still new under this standard.

Make something useful out of standard hardware items? That's ok, as long as it is new. How do you know it is new? Well, if you didn't copy it, and haven't seen one anywhere, then it could be new. A patent search might – or might not – turn up relevant prior art, so that's another way to try to guesstimate whether something is really new or not.

The next item, though, is whether the invention is unobvious. That is a legal determination which is typically made by a patent examiner in the course of his/her duties. This standard may vary greatly from one person to the next, but in the end the examiner's decision is the one that counts.

So, how does a patent examiner decide what is unobvious? Easy – from a study of the relevant prior art. The examiner is normally a subject matter expert, and therefore can locate the most relevant prior art patents and publications. Even a small change may rise to the level of patentability, if there is no teaching or suggestion in the prior art to suggest that modification.

Read more >> http://internationalpatentservice.com/What-Is-Patentable.html

Microsoft expands Azure IP Advantage Program with new IP benefits for Azure IoT innovators and startups

By: Erich Andersen

At Microsoft, we’re investing in helping our customers as they move to the cloud.  We see an opportunity to help support companies in this changing environment by bringing our security, privacy, compliance and intellectual property assets and expertise to bear in order to help them be more successful.  We’re excited to now take an additional step that expands innovation protections.

Today, we are pleased to announce the expansion of the Microsoft Azure IP Advantage program to include new benefits for Azure IoT innovators and startups.  We first announced Azure IP Advantage in February 2017, to provide comprehensive protection against intellectual property (IP) risks for our cloud customers.  A trend we saw at the time – and one that continues today – is a growing risk to cloud innovation from patent lawsuits.  Last year, we joined the Open Invention Network (OIN) and the License on Transfer (LOT) Network to help address patent assertion risk for our customers and partners.

But we believe we can do more.  The number of IoT-litigated patents in the U.S. witnessed an increase of more than 400 percent from 2013 to 2018.  That’s why, after speaking to customers and reflecting on how we could add even more value to the Azure IP Advantage program, we decided to expand the program with new benefits focused on the Azure-powered Internet of Things (IoT)ecosystem and startups to help deter lawsuits against Azure customers.  The new features announced today include:

> Uncapped indemnification coverage for Microsoft’s Azure Sphere and Windows IoT. 
Indemnification helps protect a customer from IP infringement claims asserted against the customer for its use of the product or service.  Today’s expansion brings uncapped indemnification coverage to Azure Sphere and Windows IoT, including the open source software incorporated by Microsoft in these products.

> Access to 10,000 patents for customers using Azure to power IoT devices to defend themselves against IP lawsuits. This benefit can help deter patent lawsuits against Azure customers for their workloads and applications running in Azure or on their IoT devices, as qualified customers can pick a patent to use in their defense of a lawsuit.

> The ability for startups on Azure to acquire Microsoft patents to help boost their business. Qualified startups who also join the LOT Network can acquire Microsoft patents through LOT in technical areas including artificial intelligence, multimedia and security.  Patents can play an important role for startups as they grow, look for ways to protect their innovations, and attract critical capital support.

Read more >> https://blogs.microsoft.com/on-the-issues/2019/03/28/microsoft-expands-azure-ip-advantage-program-with-new-ip-benefits-for-azure-iot-innovators-and-startups/

Patent Mistakes Commonly Made By DIY Inventors

By: Michael J Foycik Jr. 
October 24, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.

There are some very common mistakes made by do-it-yourself (DIY) inventors when it comes to patenting. There are two main patent types, Provisional Patent Applications (PPAs) and Utility Patent Applications.

The worst mistake: trying to hide the invention. This happens when inventors recite all the advantages and benefits, but do not show enough structure to support those functions. The rejection that occurs in those situations is an “insufficient disclosure” rejection, and it is a serious matter in the patent world.

Drawings: color drawings are a mistake. Only black-and-white line drawings are accepted, except under relatively rare conditions such as a biological micrograph.

Also a mistake: drawings without proper margins of one inch at the top and left, 5/8 inch on the right, and 3/8 at the bottom.

Another mistake is failing to show enough features in the drawings. Many inventors seem to think one or two good drawings are enough. Many times it is necessary to have cross sections shown, enlarged detail views, and diagrams showing a change in position or condition. Also, front views of mechanical systems are often not enough. Other views may well be necessary: side, rear, bottom, perspective, and assembly drawings all find good use in patent drawings.

For Utility Patent Applications, mistakes are very often made in the claims. Anything claimed must also be present in the drawings. It is normally not possible to change the drawings. Therefore, make sure anything that should be claimed is clearly shown in the drawings.

Read more >> http://internationalpatentservice.com/Patent-Mistakes-Commonly-Made.html

What is Intellectual Property?

By:  Gene Quinn

Generally speaking, “intellectual property” is probably best thought of (at least form a conceptual standpoint) as creations of the mind that are given the legal rights often associated with real or personal property. The rights that are obtained by the creator are a function of statutory law (i.e., law created by the legislature). These statutes may be federal or state laws, or in some instance both federal and state law govern various aspect of a single type of intellectual property.

The term intellectual property itself is now commonly used to refer to the bundle of rights conferred by each of the following fields of law: (1) patent law; (2) copyright law; (3) trade secret law; (4) the right of publicity; and (5) trademark and unfair competition law. Some people confuse these areas of intellectual property law, and although there may be some similarities among these kinds of intellectual property protection, they are different and serve different purposes.

What is a Patent?

Whenever you think patent you should think  invention. Thus, a patent is the grant of a property right to an inventor. Patents only exist once they have been granted, and in the United States patents are issued by the U.S. Patent and Trademark Office, which is a non-commercial federal entity and one of 14 bureaus in the Department of Commerce. Before going any further it is worth pointing out that ideas are not patentable, although every invention starts out with an idea. Still, in order to be in a position where you can obtain a patent your idea must have matured into an invention. See Moving from Idea to Patent.

There are three very different kinds of patent in the United States: (1) a utility patent, which covers the functional aspects of products and processes; (2) a design patent, which covers the ornamental design of useful objects; and (3) a plant patent, which covers a new variety of living plant.

Each type of patent confers “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention into the United States. It is important to note, however, that patents do not protect ideas, but rather protect only tangible or identifiable structures and methods.

Read more >> https://www.ipwatchdog.com/2014/07/19/what-is-intellectual-property/id=47109/

A Patent Attorney Talks About Investing

By: Michael J Foycik Jr. 
October 2, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.

It happens often enough – patent attorneys talk with investors for many purposes.  Sometimes it is to consider the value of a patent, other times it is simply because the investor is backing a particular client or has a question about litigation.

So what happens when the investor wants to talk with the patent attorney about investing?  Well, interesting stuff.  Here are a few samples that may help you evaluate an investment opportunity like a professional.

Let's say there is a technical field of special interest.  For example, let's say you're familiar with greeting cards, or jewelry, or party planning.  Suppose there are companies capable of leading those fields, still virtually unknown to the mainstream business investor.  You can locate companies leading those fields using patents as your guide.

Why so?  That's easy!  So many reasons!  Let's start with one: patents cost real money.  Any company that believes in its new product enough to spend money, may well be worth a look. 

A second reason: patents reveal what's hot in an industry long before the business world catches on.  This was true of every type of technology you see today, and it pays to be ahead of the curve.

A third reason: when there are many recent patents in a given field it is a reliable indicator that the field is very profitable.  Yet, the products that will be sold under those patents may be months or years away.  Again, it pays to be ahead of the curve.

A fourth reason: if there is a company you plan to invest in, wouldn't you like to be sure its technology will not suddenly be overtaken by otheres or even become obsolete?  Sure you would!  Again, looking at the recent patents in that field will tell you who the leaders are, where they're going, and if your selected company is still in the running.

A fifth reason: patents generally tell the truth (otherwise they may be voided).  You'd be surprised at the things you could find out by reading patents in any given field.  You can be more confident in what you are investing, if you have considered those recent patents.  And, it is good to know when to flee from an investment opportunity, even one that otherwise seems enticing.

Read more >> http://internationalpatentservice.com/A-Patent-Attorney-Talks-About-Investing.html

United States Filled With Dozens Of Cryptocurrency-Related Trademarks This Year

By: Samantha Mitchell

The overall interest of the virtual coins is not what was witnessed in the past two years. It can’t even compare to what was recorded during the 2017 all-time high season. Some of the best companies in this space have been forced to do nothing but just rethink their strategies. For a long time, entrepreneurship in the digital asset world has been characterized by two main factors – optimism and ingenuity. However, the entrepreneurship has remained very strong in the market. This has been illustrated by the fact that a number of individuals and businesses in the country have filed for cryptocurrency-related trademarks. The new applications for crypto-related trademarks and patents has been the trend this year.

Large Companies Fascinated By The Virtual Currency Again

There was a time that established companies were fighting to apply for crypto-related trademarks and patents. One might have been tempted to think that such a time was long gone. However, as December was coming to a close, things started changing. It all began by Samsung, the South Korean electronic manufacturing guru. It opted to register the Samsung Crypto Wallet, a trademark in the United Kingdom. This trademark offered credibility to the previous rumors concerning the expected digital currency wallet integration to the yet-to-be released flagship smartphone.

Nike And Other Large Companies Are In Line, Too

Just recently, Nike, the sportswear and footwear manufacturer filed for another trademark. It was known as Cryptokicks. The application was submitted to the USPTO – The US Patent and Trademark Office on the 19th of April. It tends to cover several services and products that are related to the virtual coin. Some of the listed items refer to a marketplace for sellers and buyers of digital currency assets. It also refers to an online retail store that features clothing and footwear.

Read more >> https://icoreign.com/united-states-filled-with-dozens-of-cryptocurrency-related-trademarks-this-year/

Selling Your Patent – How Much You Can Expect

By: Michael J Foycik Jr. 
Septemper 25, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.

Many inventors have profited from selling their patents.  So how much do they get?  The answers are surprising, or at least they surprised me.

Having talked with many inventors, and also having talked with many corporate patent departments, I've heard many examples.  Let me give you a few general examples, based on published accounts and interviews with public speakers.

Assuming the inventor has an issued patent for an article and has sold that article through at least one retail store, there will almost certainly be corporate interest.  Vendors often report new products they see when visiting retail stores, which accounts for the corporate interest.  If the corporation makes an offer, it will typically be anywhere from $50 thousand to $8 million, and can be higher.

On the other hand, an inventor trying to simply market an issued patent to corporations, is likely to get anywhere from $5,000 to $35,000.  This does not take into account the likelihood of a corporation making an offer.  Some inventors hire a marketing service to try to interest companies; such marketing companies usually keep statistics on their success rate, which varies.  I recommend that anyone considering such companies first check out their success rates.

Or, if going through a television marketing company, the numbers are different.  If that company is of the type that develops and makes the products based on your patent, they may prefer to license the patent rather than buy it.  The royalty rate in such a case might be $2 million per year guaranteed plus a bonus based on sales.   Such agreements may be for two years, and can be longer.  This all varies, of course, depending on the specific company and the nature of the product.

Here's a very typical experience based on a successful inventor who was giving a public talk at the U.S. Patent Office.  He saw many inventors going to trade shows, winning prizes and drawing much interest, but typically receiving little or no actual offers.  Unless, that is, the inventors could take orders and actually had products they could deliver.  Such inventors typically spend a great deal attending such trade shows, so a cost-benefit calculation should be made before considering this option.  In an example of a successful result, which may not be typical, a distributor may take an interest in the product and offer a royalty.  Typically, such royalties are fairly small, typically between 2 and 9 per cent (though this varies), and there are no guarantees of actual sales. 

Read more >> http://internationalpatentservice.com/Selling-Your-Patent-How-Much-You-Can-Expect.html