By: Dr. Birgit Clark
Introduction
Blockchain and related distributed ledger technologies (“DLT”) remain a hot topic beyond the world of fintech. Owing to the fact that it enables a secure, incorruptible chain of information, blockchain technology is increasingly being applied to new applications in IP-heavy industries, brand protection and enforcement, marketing and customer engagement—and has been on the radar of various governmental agencies, including the EUIPO, EPO, USPTO, UKIPO, the Australian and Russian Intellectual Property Offices and WIPO.
In the context of IP-heavy industries, blockchain and related distributed ledger technology offer obvious possibilities for evidencing IP protection and registration, either at the registry stage or in court during infringement proceedings. It also could offer a cost-effective way to speed up such processes. Potential use cases include: evidencing creatorship and provenance authentication, registering and clearing IP rights; controlling and tracking the distribution of (un)registered IP; providing evidence of genuine and/or first use in trade and/or commerce; digital rights management (e.g. online music sites); establishing and enforcing IP agreements, licenses or exclusive distribution networks through smart contracts; and transmitting payments in real-time to IP owners.
Read more >> https://stanford-jblp.pubpub.org/pub/blockchain-and-ip-law
Sunday, June 30, 2019
Saturday, June 29, 2019
Forget the Scams, Make Money from Your Invention
By: Michael J Foycik Jr.
June 30, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
You've seen the scams. Forget those, and move on: real people can and do make money from their inventions. Let's see who and how.
Who succeeds with their inventions? Just about anyone, and at just about any age. Here are a few ways.
If samples of the inventive product are available, then the quickest route can often involve first rate department stores and consignment sales. It's easy if you know how, and it's easy to try even if you don't know how. One successful person just went to their favorite department store, bringing their product, and talked to a manager about it.
For some inventions, it may be better to go through distributors. That is not hard, but it is not always easy either. Some distributors will help with the manufacturing costs, and some won't. Your best deals come when you can provide the goods.
Sometimes, it helps to get investors to provide funding and expertise, so you can make and sell the invention. The best ways to get investors involve one important first step: finding the manufacturing cost of a prototype. That part isn't difficult if you know how, and can often be done in just a few days. Most inventors are surpised by the low costs, and of course investors like seeing low costs since it means higher profits.
There are ways to find and meet investors. I recommend e-press releases as a very low cost way to attract investors. I can also recommend viral marketing, which is also a relatively low cost way. There are even investor clubs in many areas, if you look for them.
Read more >> http://internationalpatentservice.com/Forget-the-Scams-Make-Money-from-Your-Invention.html
June 30, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
You've seen the scams. Forget those, and move on: real people can and do make money from their inventions. Let's see who and how.
Who succeeds with their inventions? Just about anyone, and at just about any age. Here are a few ways.
If samples of the inventive product are available, then the quickest route can often involve first rate department stores and consignment sales. It's easy if you know how, and it's easy to try even if you don't know how. One successful person just went to their favorite department store, bringing their product, and talked to a manager about it.
For some inventions, it may be better to go through distributors. That is not hard, but it is not always easy either. Some distributors will help with the manufacturing costs, and some won't. Your best deals come when you can provide the goods.
Sometimes, it helps to get investors to provide funding and expertise, so you can make and sell the invention. The best ways to get investors involve one important first step: finding the manufacturing cost of a prototype. That part isn't difficult if you know how, and can often be done in just a few days. Most inventors are surpised by the low costs, and of course investors like seeing low costs since it means higher profits.
There are ways to find and meet investors. I recommend e-press releases as a very low cost way to attract investors. I can also recommend viral marketing, which is also a relatively low cost way. There are even investor clubs in many areas, if you look for them.
Read more >> http://internationalpatentservice.com/Forget-the-Scams-Make-Money-from-Your-Invention.html
Thursday, June 27, 2019
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.
Read more >> http://vc-list.com/ip-protection-tech-startups/
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.
Read more >> http://vc-list.com/ip-protection-tech-startups/
Wednesday, June 26, 2019
Costly Misconceptions About Trademarks
By: Michael J Foycik Jr.
June 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.
Getting a trademark is a great idea, but things may not be that simple. There are some misconceptions that can cost time, money, or even loss of rights.
One common misconception is that a registered trademark is necessary to have enforceable trademark rights. We are all familiar with registered trademarks – the kind with the ® registration symbol. But, trademark rights normally arise from actual use, even for unregistered trademarks. State courts can enforce such rights arising from actual use, even in the absence of a federally registered trademark. No registration, no problem – sometimes.
Getting a registered trademark requires filing a trademark application. Choices need to be made right at the start: actual use or intent-to-use; type of goods/services; logo or word mark. These choices can have profound consequences. Even the U.S. Trademark Office recommends having an experienced trademark attorney help with those choices – you'll see the warning for that in the online trademark application filing forms and elsewhere.
Actual use sounds better than intent-to-use. Maybe so - unless there is a conflict with another trademark filed on an intent-to-use basis. Then, surprisingly, the owner of the intent-to-use to application is permitted to introduce evidence of events that show an intent-to-use that has occurred before the application's filing date. The actual-use applicant does not have the same rights. Such evidence of intent-to-use can be scant: a mere mention at a business meeting, or an order for design of the mark, for example. This is peculiar to federal trademarks; state courts can apply their own standards and might well decide specific cases differently.
Read more >> http://internationalpatentservice.com/Costly-Misconceptions-About-Trademarks.html
June 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.
Getting a trademark is a great idea, but things may not be that simple. There are some misconceptions that can cost time, money, or even loss of rights.
One common misconception is that a registered trademark is necessary to have enforceable trademark rights. We are all familiar with registered trademarks – the kind with the ® registration symbol. But, trademark rights normally arise from actual use, even for unregistered trademarks. State courts can enforce such rights arising from actual use, even in the absence of a federally registered trademark. No registration, no problem – sometimes.
Getting a registered trademark requires filing a trademark application. Choices need to be made right at the start: actual use or intent-to-use; type of goods/services; logo or word mark. These choices can have profound consequences. Even the U.S. Trademark Office recommends having an experienced trademark attorney help with those choices – you'll see the warning for that in the online trademark application filing forms and elsewhere.
Actual use sounds better than intent-to-use. Maybe so - unless there is a conflict with another trademark filed on an intent-to-use basis. Then, surprisingly, the owner of the intent-to-use to application is permitted to introduce evidence of events that show an intent-to-use that has occurred before the application's filing date. The actual-use applicant does not have the same rights. Such evidence of intent-to-use can be scant: a mere mention at a business meeting, or an order for design of the mark, for example. This is peculiar to federal trademarks; state courts can apply their own standards and might well decide specific cases differently.
Read more >> http://internationalpatentservice.com/Costly-Misconceptions-About-Trademarks.html
Tuesday, June 25, 2019
HOW SMALL BUSINESS OWNERS CAN PATENT A GREAT IDEA
By: John Rampton
Throughout history, ingenious and innovative ideas have been copied, or outright stolen. Guglielmo Marconi is credited with inventing the radio, even though it originated from Nikola Tesla. Nowadays it’s easy for a business owner to patent a great idea.
Robert Fulton took the idea for the steamboat engine from John Fitch. Lizzie Magie invented the board game “Monopoly” in 1903, but it was patented by Clarence B. Darrow in the 1930s. Even Apple has been accused of stealing ideas from Google, Microsoft, and Samsung.
Instead of letting another party run away with your great ideas and make a fortune, you need to protect your ideas from the get-go.
One of the most popular ways to protect your product is applying for a patent. It’s now easy for a business owner to patent a great idea.
Read more >> https://due.com/blog/patent-a-great-idea/
Throughout history, ingenious and innovative ideas have been copied, or outright stolen. Guglielmo Marconi is credited with inventing the radio, even though it originated from Nikola Tesla. Nowadays it’s easy for a business owner to patent a great idea.
Robert Fulton took the idea for the steamboat engine from John Fitch. Lizzie Magie invented the board game “Monopoly” in 1903, but it was patented by Clarence B. Darrow in the 1930s. Even Apple has been accused of stealing ideas from Google, Microsoft, and Samsung.
Instead of letting another party run away with your great ideas and make a fortune, you need to protect your ideas from the get-go.
One of the most popular ways to protect your product is applying for a patent. It’s now easy for a business owner to patent a great idea.
Read more >> https://due.com/blog/patent-a-great-idea/
Monday, June 24, 2019
How to Trademark
By: Michael J Foycik Jr.
June 25, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
HOW TO TRADEMARK . . .
- a word
- a phrase
- a logo
A US Trademark Application can protect a word, a phrase, a log, and even a color. This article explains how to trademark these elements.
A US Trademark Application requires at least the following information: the name and address of the owner; the mark itself; the type of goods or services to be used with the mark; and the type of use, i.e. actual use or intent-to-use.
If the trademark application is based on actual use, then the date of first use in interstate or international commerce is required. If the owner is a corporation, the state of incorporation is also needed along with the name of the person who has authority to sign the trademark application.
A trademark search is strongly recommended. Skill is required in interpreting the results, since even identical trademarks can be registered if they are in sufficiently different classes of goods/services.
To get started now:
No money is needed to get started. Once we receive the above-noted information for a trademark application, we perform a free, informal search of the trademark records and advise if a serious obstacle exists in the form of a prior similar trademark application. There is no cost or obligation for this.
Read more >> http://internationalpatentservice.com/How-to-Trademark.html
June 25, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
HOW TO TRADEMARK . . .
- a word
- a phrase
- a logo
A US Trademark Application can protect a word, a phrase, a log, and even a color. This article explains how to trademark these elements.
A US Trademark Application requires at least the following information: the name and address of the owner; the mark itself; the type of goods or services to be used with the mark; and the type of use, i.e. actual use or intent-to-use.
If the trademark application is based on actual use, then the date of first use in interstate or international commerce is required. If the owner is a corporation, the state of incorporation is also needed along with the name of the person who has authority to sign the trademark application.
A trademark search is strongly recommended. Skill is required in interpreting the results, since even identical trademarks can be registered if they are in sufficiently different classes of goods/services.
To get started now:
No money is needed to get started. Once we receive the above-noted information for a trademark application, we perform a free, informal search of the trademark records and advise if a serious obstacle exists in the form of a prior similar trademark application. There is no cost or obligation for this.
Read more >> http://internationalpatentservice.com/How-to-Trademark.html
Sunday, June 23, 2019
How Small-Business Owners Can Patent a Great Idea
By: John Rampton
Throughout history, ingenious and innovative ideas have been copied, or outright stolen. Guglielmo Marconi is credited with inventing the radio, even though it originated from Nikola Tesla. Nowadays it’s easy for a business owner to patent a great idea.
Robert Fulton took the idea for the steamboat engine from John Fitch. Lizzie Magie invented the board game “Monopoly” in 1903, but it was patented by Clarence B. Darrow in the 1930s. Even Apple has been accused of stealing ideas from Google, Microsoft and Samsung.
Instead of letting another party run away with your great ideas and make a fortune, you need to protect your ideas from the get-go.
One of the most popular ways to protect your product is applying for a patent. It’s now easy for a business owner to patent a great idea.
What is a patent?
According to the U.S. Patent and Trademark Office (USPTO);
“A patent for an invention is the grant of a property right to the inventor, issued by the United States Patent and Trademark Office. Generally, the term of a new patent is 20 years from the date on which the application for the patent was filed in the United States or, in special cases, from the date an earlier related application was filed, subject to the payment of maintenance fees. U.S. patent grants are effective only within the United States, U.S. territories and U.S. possessions. Under certain circumstances, patent term extensions or adjustments may be available.”
Read more >> https://www.entrepreneur.com/article/294942
Throughout history, ingenious and innovative ideas have been copied, or outright stolen. Guglielmo Marconi is credited with inventing the radio, even though it originated from Nikola Tesla. Nowadays it’s easy for a business owner to patent a great idea.
Robert Fulton took the idea for the steamboat engine from John Fitch. Lizzie Magie invented the board game “Monopoly” in 1903, but it was patented by Clarence B. Darrow in the 1930s. Even Apple has been accused of stealing ideas from Google, Microsoft and Samsung.
Instead of letting another party run away with your great ideas and make a fortune, you need to protect your ideas from the get-go.
One of the most popular ways to protect your product is applying for a patent. It’s now easy for a business owner to patent a great idea.
What is a patent?
According to the U.S. Patent and Trademark Office (USPTO);
“A patent for an invention is the grant of a property right to the inventor, issued by the United States Patent and Trademark Office. Generally, the term of a new patent is 20 years from the date on which the application for the patent was filed in the United States or, in special cases, from the date an earlier related application was filed, subject to the payment of maintenance fees. U.S. patent grants are effective only within the United States, U.S. territories and U.S. possessions. Under certain circumstances, patent term extensions or adjustments may be available.”
Read more >> https://www.entrepreneur.com/article/294942
Saturday, June 22, 2019
Why Trademark
By: Michael J Foycik Jr.
June 23, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
WHY TRADEMARK. . .
to sell a business
to attract investors
to stop competitors
to protect a web site domain name
What you can trademark:
a word, phrase, or slogan
a logo or design
Competitors can trade on your good name. Unless, that is, you have strong trademark rights. And what rights are those? The best trademark rights would be based on a federally registered trademark.
If you want to protect your company's web site domain name, you will need to be able to prove trademark rights in the name itself. There is no surer way than ownership of a federally registered trademark, which can usually confer nationwide rights.
There are other trademark rights too: state registrations, and common law trademark rights. Those may be very worthwhile too, but may not have national scope.
Common law rights sometimes require proof of instances of actual confusion, but even then there is a question of proving priority, i.e. who was first.
Read more >> http://internationalpatentservice.com/Why-Trademark.html
June 23, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
WHY TRADEMARK. . .
to sell a business
to attract investors
to stop competitors
to protect a web site domain name
What you can trademark:
a word, phrase, or slogan
a logo or design
Competitors can trade on your good name. Unless, that is, you have strong trademark rights. And what rights are those? The best trademark rights would be based on a federally registered trademark.
If you want to protect your company's web site domain name, you will need to be able to prove trademark rights in the name itself. There is no surer way than ownership of a federally registered trademark, which can usually confer nationwide rights.
There are other trademark rights too: state registrations, and common law trademark rights. Those may be very worthwhile too, but may not have national scope.
Common law rights sometimes require proof of instances of actual confusion, but even then there is a question of proving priority, i.e. who was first.
Read more >> http://internationalpatentservice.com/Why-Trademark.html
Thursday, June 20, 2019
5 Tips to Choose the Best Name For Your startup
By: Designhill
If you always thought what’s in a name? It’s time you thought again! In the ever-changing and ever-so-competitive market, a brand name can spell the difference between and success and failure for a startup. A right brand name can turn your humble startup into Biz world’s, whereas a wrong one can push it to anonymity and misfortune.
Entrepreneur.com reveals in one of its blogs that your startup brand name must effectively convey your expertise, value and uniqueness. But a fair share of aspiring entrepreneurs believe that your startup brand name must be abstract in order to effectively create an image in the market. The discussions and debate about naming a startup are pretty daunting. So, is there a certain way to pick up the best name for your startup? The answer is yes! There are certain tips that you should live by when naming your startup. So, without further ado, let’s explore 5 tips to choose the best name for your startup.
[Tweet “5 Tips to Choose the Best Name For Your startup”]
Namestorm – If you’re at the helm of a startup and are looking for that perfect name for your new business, do well to namestorm a little! Yes, you read that right. Brainstorm for a new, creative and unique name. Check out different books, magazine and even dictionaries to find creative names. Take help from your friends, peers and subordinates. If you find it difficult, consult an expert. Remember, it’s important to be careful when picking up a business name for it will reflected everywhere, from your custom logo design to your website and from your company banners to billboards.
Be Unique – When naming your startup, do well to let your creative juices flowing. Simply join two common words to create a new word. Or better yet, go one step further; create a new word by joining two others and combining their meanings. Such words are called portmanteau. Pinterest is a classic example of portmanteau. Remember, finding a witty name for your startup company is no mean feat, but it’s certainly worth all efforts.
Read more >> https://www.designhill.com/design-blog/5-tips-to-choose-the-best-name-for-your-startup/
If you always thought what’s in a name? It’s time you thought again! In the ever-changing and ever-so-competitive market, a brand name can spell the difference between and success and failure for a startup. A right brand name can turn your humble startup into Biz world’s, whereas a wrong one can push it to anonymity and misfortune.
Entrepreneur.com reveals in one of its blogs that your startup brand name must effectively convey your expertise, value and uniqueness. But a fair share of aspiring entrepreneurs believe that your startup brand name must be abstract in order to effectively create an image in the market. The discussions and debate about naming a startup are pretty daunting. So, is there a certain way to pick up the best name for your startup? The answer is yes! There are certain tips that you should live by when naming your startup. So, without further ado, let’s explore 5 tips to choose the best name for your startup.
[Tweet “5 Tips to Choose the Best Name For Your startup”]
Namestorm – If you’re at the helm of a startup and are looking for that perfect name for your new business, do well to namestorm a little! Yes, you read that right. Brainstorm for a new, creative and unique name. Check out different books, magazine and even dictionaries to find creative names. Take help from your friends, peers and subordinates. If you find it difficult, consult an expert. Remember, it’s important to be careful when picking up a business name for it will reflected everywhere, from your custom logo design to your website and from your company banners to billboards.
Be Unique – When naming your startup, do well to let your creative juices flowing. Simply join two common words to create a new word. Or better yet, go one step further; create a new word by joining two others and combining their meanings. Such words are called portmanteau. Pinterest is a classic example of portmanteau. Remember, finding a witty name for your startup company is no mean feat, but it’s certainly worth all efforts.
Read more >> https://www.designhill.com/design-blog/5-tips-to-choose-the-best-name-for-your-startup/
Wednesday, June 19, 2019
How to Patent an Idea
By: Michael J Foycik Jr.
June 20, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
How to patent an idea? There are several good approaches, as follows. Easiest: file a Provisional patent application ("PPA"). Advantages: low cost, low government fee, few formalities, true "patent pending" status, priority rights for any later-filed utility or PCT applications filed within one year. No examination occurs.
How to file a Provisional patent application (PPA): service fee is relatively low and very affordable; call or email for a quote for a specific invention idea.
Next up: file a Design patent application. Yes, it protects just the appearance of the inventive product or design, but costs much less than a utility patent application, has lower government filing fees, and often has better chances of success with the US Patent Office. Call or email for a price quote for a specific inventive idea, there is no charge or obligation.
Or, get a utility patent application on your idea. The Utility patent application is sometimes referred to as a regular application. It costs about three or four times what a provisional application costs, but should still be relatively affordable. It does require formal drawings, and will be examined by the patent office, possibly requiring a response.
Read more >> http://internationalpatentservice.com/How-to-Patent-an-Idea.html
June 20, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
How to patent an idea? There are several good approaches, as follows. Easiest: file a Provisional patent application ("PPA"). Advantages: low cost, low government fee, few formalities, true "patent pending" status, priority rights for any later-filed utility or PCT applications filed within one year. No examination occurs.
How to file a Provisional patent application (PPA): service fee is relatively low and very affordable; call or email for a quote for a specific invention idea.
Next up: file a Design patent application. Yes, it protects just the appearance of the inventive product or design, but costs much less than a utility patent application, has lower government filing fees, and often has better chances of success with the US Patent Office. Call or email for a price quote for a specific inventive idea, there is no charge or obligation.
Or, get a utility patent application on your idea. The Utility patent application is sometimes referred to as a regular application. It costs about three or four times what a provisional application costs, but should still be relatively affordable. It does require formal drawings, and will be examined by the patent office, possibly requiring a response.
Read more >> http://internationalpatentservice.com/How-to-Patent-an-Idea.html
Tuesday, June 18, 2019
More Patent Trolls Are Targeting Startups. Here's What You Can Do.
By: Nathaniel Borenstein
Startups aren't typically founded by lawyers, so patent law isn't usually a front line issue for them. But I've come to realize that patent protection is at best No. 11 on the top 10 list of things for startups to focus on -- something they generally understand is important, but not quite important enough. Part of that is because the headlines focus on big lawsuits lobbed at big companies, which creates a false sense of security. As an inventor and a computer scientist with 25-plus years of practical experience, I'd like to think I've navigated the murky, complicated world of patents and come out on the other side wiser and more informed. And, as such, there is something I want entrepreneurs, inventors and early-stage businesses to know. Yes, you are a potential target for patent trolls, and yes, there is something you can do about it. Today.
Related: If Your Startup Really Is Disruptive, Expect to be Sued By a Patent Troll.
Here's what everyone thinks they know.
It is generally understood patent trolls are typically "shell" companies that do no real business but simply pursue a business strategy of suing businesses over their patents. They typically sue for a large amount of money but settle for an amount they estimate will cost the victims less than a court fight. They do no good for anyone in the world but themselves, and they can be extremely costly (in time and money) to their victims. Too many people believe patent trolls are only after big names -- big companies with big wallets. The smaller suits, the ones aimed at startups and mid-sized businesses, might not make headlines, but they do untold damage.
Read more >> https://www.entrepreneur.com/article/310648
Startups aren't typically founded by lawyers, so patent law isn't usually a front line issue for them. But I've come to realize that patent protection is at best No. 11 on the top 10 list of things for startups to focus on -- something they generally understand is important, but not quite important enough. Part of that is because the headlines focus on big lawsuits lobbed at big companies, which creates a false sense of security. As an inventor and a computer scientist with 25-plus years of practical experience, I'd like to think I've navigated the murky, complicated world of patents and come out on the other side wiser and more informed. And, as such, there is something I want entrepreneurs, inventors and early-stage businesses to know. Yes, you are a potential target for patent trolls, and yes, there is something you can do about it. Today.
Related: If Your Startup Really Is Disruptive, Expect to be Sued By a Patent Troll.
Here's what everyone thinks they know.
It is generally understood patent trolls are typically "shell" companies that do no real business but simply pursue a business strategy of suing businesses over their patents. They typically sue for a large amount of money but settle for an amount they estimate will cost the victims less than a court fight. They do no good for anyone in the world but themselves, and they can be extremely costly (in time and money) to their victims. Too many people believe patent trolls are only after big names -- big companies with big wallets. The smaller suits, the ones aimed at startups and mid-sized businesses, might not make headlines, but they do untold damage.
Read more >> https://www.entrepreneur.com/article/310648
Monday, June 17, 2019
Ways To Make Money From Your Patent
By: Michael J Foycik Jr.
June 18, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Ways To Make Money From Your Patent
Here are some ways inventors can make money from their patents. These come directly from actual successes of actual inventors, as told by the inventors themselves in published interviews.
It is important to realize that every invention is different, with different markets. And, different inventions tend to attract different types of investors. Focus on what makes your invention different, and the rest will be easier.
The Licensing Approach - Accumulating Licensees
There are several approaches to gaining licensees. The following is one of the most successful approaches, where there are a number of different infringers. Where there is only one infringer, it may be necessary to threaten litigation, but that only works if the infringer believes you have the resources to do it.
First: identify which companies, products or services may be infringing your patent. Make a list, and try to estimate the sales of each one.
Then, line up the infringers by the estimated amount of infringing sales. Send demand letters to the smallest infringers, asking relatively small royalties. It would not be unreasonable to offer petty infringers royalty rates of 2%, or in some cases even a 0% royalty; all conditioned upon sales being below a certain limit.
As you accumulate more and more licensees, you will approach larger and larger infringers. The more licensees you have, the easier it is to sign on bigger companies as licensees. And, you can ask form somewhat larger royalty amounts. Having ten licensees, for example, is a persuasive factor to a company you approach for royalties, when that company is deciding whether or not to risk being sued for infringement. By this time, the royalty demands should be in the 6% to 9% range.
Read more >> http://internationalpatentservice.com/Ways-To-Make-Money-From-Your-Patent.html
June 18, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Ways To Make Money From Your Patent
Here are some ways inventors can make money from their patents. These come directly from actual successes of actual inventors, as told by the inventors themselves in published interviews.
It is important to realize that every invention is different, with different markets. And, different inventions tend to attract different types of investors. Focus on what makes your invention different, and the rest will be easier.
The Licensing Approach - Accumulating Licensees
There are several approaches to gaining licensees. The following is one of the most successful approaches, where there are a number of different infringers. Where there is only one infringer, it may be necessary to threaten litigation, but that only works if the infringer believes you have the resources to do it.
First: identify which companies, products or services may be infringing your patent. Make a list, and try to estimate the sales of each one.
Then, line up the infringers by the estimated amount of infringing sales. Send demand letters to the smallest infringers, asking relatively small royalties. It would not be unreasonable to offer petty infringers royalty rates of 2%, or in some cases even a 0% royalty; all conditioned upon sales being below a certain limit.
As you accumulate more and more licensees, you will approach larger and larger infringers. The more licensees you have, the easier it is to sign on bigger companies as licensees. And, you can ask form somewhat larger royalty amounts. Having ten licensees, for example, is a persuasive factor to a company you approach for royalties, when that company is deciding whether or not to risk being sued for infringement. By this time, the royalty demands should be in the 6% to 9% range.
Read more >> http://internationalpatentservice.com/Ways-To-Make-Money-From-Your-Patent.html
Sunday, June 16, 2019
Why Every Startup You Support NEEDS to Protect Their Tech
By: Neil Patel
When you invest in a startup, you’re probably investing in a company that hasn’t yet become profitable.
I don’t mean they have no revenue – in fact, I almost never invest in a startup that doesn’t.
But a startup in its early stages has one primary focus: growth. Growth costs money, whether for product manufacturing, software development, making key hires, expanding office space, or any number of other things a business may need to make more money.
A startup in the red may seem like a bad investment. But, actually, a company can be worth money in many different ways.
Some angel investors think revenue is the only important metric. Others focus on the technology. In my opinion, the best angel investors consider a long list of factors before they invest.
At the upcoming Angels + Entrepreneurs Summit, Robert Herjavec and I will reveal some of the key factors we typically pay attention to when we’re hunting for unicorns.
But there’s one thing I always look for that’s too often overlooked: intellectual property.
Read more >> https://startupinvestor.io/why-every-startup-you-support-needs-to-protect-their-tech/
When you invest in a startup, you’re probably investing in a company that hasn’t yet become profitable.
I don’t mean they have no revenue – in fact, I almost never invest in a startup that doesn’t.
But a startup in its early stages has one primary focus: growth. Growth costs money, whether for product manufacturing, software development, making key hires, expanding office space, or any number of other things a business may need to make more money.
A startup in the red may seem like a bad investment. But, actually, a company can be worth money in many different ways.
Some angel investors think revenue is the only important metric. Others focus on the technology. In my opinion, the best angel investors consider a long list of factors before they invest.
At the upcoming Angels + Entrepreneurs Summit, Robert Herjavec and I will reveal some of the key factors we typically pay attention to when we’re hunting for unicorns.
But there’s one thing I always look for that’s too often overlooked: intellectual property.
Read more >> https://startupinvestor.io/why-every-startup-you-support-needs-to-protect-their-tech/
Saturday, June 15, 2019
How to Get a Patent
By: Michael J Foycik Jr.
June 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.
How to Get a Patent
How to get a Patent? That’s a good question! The short and long answers are below.
The short answer is : In the US, file a US Utility Patent Application, or a US Design Patent Application. Note that a US Provisional Patent Application does not become a US Patent, but does give “patent pending” status.
And, do you need a US Patent Attorney? Yes and No. In theory, a patent application can be filed by the inventor. Due to the great number of legal technicalities and chances of losing rights by use of poor legal language or by failing to add the right legal language, most authorities believe it is by far the best course of action to have a US Patent Attorney prepare the patent application. Some very experienced inventors might prepare their own patent applications, although that is not common.
The longer answer is:
These are the basic steps for how to get a patent. For a Utility Patent, the goal is to get broad claims allowed by the US Patent Office, and which become part of an Issued Patent. The claims define the scope of what is legally protected by the issued patent.
The inventor should write a description of the invention, and make sketches or drawings which can show the invention. The description and drawings do not have to be very detailed, as long as they clearly explain what the inventor believes is new.
If working with a US Patent Attorney or US Patent Lawyer, something which is highly recommended, this information may be enough to start. The US Patent Attorney will then draft a more detailed version of the invention in the format required by the US Patent Office, referred to below as the USPTO (which is short for US Patent and Trademark Office).
Read more >> http://internationalpatentservice.com/how-to-get-a-patent.html
June 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.
How to Get a Patent
How to get a Patent? That’s a good question! The short and long answers are below.
The short answer is : In the US, file a US Utility Patent Application, or a US Design Patent Application. Note that a US Provisional Patent Application does not become a US Patent, but does give “patent pending” status.
And, do you need a US Patent Attorney? Yes and No. In theory, a patent application can be filed by the inventor. Due to the great number of legal technicalities and chances of losing rights by use of poor legal language or by failing to add the right legal language, most authorities believe it is by far the best course of action to have a US Patent Attorney prepare the patent application. Some very experienced inventors might prepare their own patent applications, although that is not common.
The longer answer is:
These are the basic steps for how to get a patent. For a Utility Patent, the goal is to get broad claims allowed by the US Patent Office, and which become part of an Issued Patent. The claims define the scope of what is legally protected by the issued patent.
The inventor should write a description of the invention, and make sketches or drawings which can show the invention. The description and drawings do not have to be very detailed, as long as they clearly explain what the inventor believes is new.
If working with a US Patent Attorney or US Patent Lawyer, something which is highly recommended, this information may be enough to start. The US Patent Attorney will then draft a more detailed version of the invention in the format required by the US Patent Office, referred to below as the USPTO (which is short for US Patent and Trademark Office).
Read more >> http://internationalpatentservice.com/how-to-get-a-patent.html
Thursday, June 13, 2019
Intellectual House Defense: When to Pick Involving a Copyright, Patent and Trademark
By: Hank
Copyrights, patents and emblems are all beneath the purview of mental residence regulation. They are identical in that they give protection towards resourceful is effective. Nevertheless, copyrights, patents and trademark are 3 different and distinct mental home recognitions. Just about every just one of them serves a different reason. Under are characteristics of each and every variety of security and their very best use.
Copyrights
A copyright protects authors of posted and unpublished literary performs, musical compositions, films, films and selected other intellectual works. This safety falls beneath the 1976 Copyright Act that provides the operator of specified authorship will work the exclusivity to reproduce, distribute copies, make derivative is effective or screen the work in front of the community. Having said that, copyright only protects the tangible form of expression but not the issue make any difference of the do the job by itself. In information, this protection addresses is effective these as:
> 2 or 3 dimensional operates of artwork
> Any kind of visuals which include but not confined to paintings, drawings, graphic models, shots, and so forth.
> Tracks, new music, lyrics, sound recordings, and any musical composition
> Motion pictures, plays, displays, and other creative performances
Patent
A patent is an intellectual property safety for an invention or procedure or the enhanced style and design of an present solution. Beneath a patent, an inventor has the appropriate to exclude other get-togethers from building, applying, featuring for sale or advertising his/her creation. A new pattern is valid for the term of 20 a long time from the day of the filed patent software. To extend the patent, an inventor is subject matter to payment of servicing costs.
Read more >> https://www.mediabout.com/mental-health/27392/
Copyrights, patents and emblems are all beneath the purview of mental residence regulation. They are identical in that they give protection towards resourceful is effective. Nevertheless, copyrights, patents and trademark are 3 different and distinct mental home recognitions. Just about every just one of them serves a different reason. Under are characteristics of each and every variety of security and their very best use.
Copyrights
A copyright protects authors of posted and unpublished literary performs, musical compositions, films, films and selected other intellectual works. This safety falls beneath the 1976 Copyright Act that provides the operator of specified authorship will work the exclusivity to reproduce, distribute copies, make derivative is effective or screen the work in front of the community. Having said that, copyright only protects the tangible form of expression but not the issue make any difference of the do the job by itself. In information, this protection addresses is effective these as:
> 2 or 3 dimensional operates of artwork
> Any kind of visuals which include but not confined to paintings, drawings, graphic models, shots, and so forth.
> Tracks, new music, lyrics, sound recordings, and any musical composition
> Motion pictures, plays, displays, and other creative performances
Patent
A patent is an intellectual property safety for an invention or procedure or the enhanced style and design of an present solution. Beneath a patent, an inventor has the appropriate to exclude other get-togethers from building, applying, featuring for sale or advertising his/her creation. A new pattern is valid for the term of 20 a long time from the day of the filed patent software. To extend the patent, an inventor is subject matter to payment of servicing costs.
Read more >> https://www.mediabout.com/mental-health/27392/
Wednesday, June 12, 2019
How Much Does A Patent Cost?
By: Michael J Foycik Jr.
June 13, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
How much does a patent cost?
We try to keep your costs as low as possible, and as affordable as possible. We provide flat fee estimates in advance, at no charge to you.
In the simplest cases, where the invention is easy to describe or show in a few figures of drawing, patent application can be prepared for as little as $1800, with a government filing fee of $540 for a small entity (this cost is slightly less for electronic filing).
The formal drawings, if needed, can usually be obtained for less than $150 per sheet. One sheet might have several figures on it, depending on the complexity of the invention, thus saving money.
If the patent application is granted, the government charges an issue fee of $755 and publication fee of $300. A service charge of $80 is added for attending to preparing and filing the Issue Fee Transmittal.
The U.S. Patent Office examines the patent application and finds any relevant prior art. If the prior art is sufficiently close, they will make a rejection. A response can be filed, usually at a cover of $350 to $450. Every case is different; some are allowed without needing such an amendment or response. In some cases, a further response is necessary or desirable, and the cost is normally somewhat less than $350.
This type of rejection is fairly normal. To attempt to overcome such a rejection, the response can be filed which changes the claims to avoid the prior art, and/or presents arguments to distinguish the invention in the patent application from the prior art.
Sometimes such a rejection can be overcome by a telephone call to the patent examiner; in those cases the cost is at the hourly rate of $100. Such calls are usually short and to the point, especially if the call is to authorize an examiner's amendment which will result in allowance of the application.
Read more >> http://internationalpatentservice.com/how-much-does-a-patent-cost.html
June 13, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
How much does a patent cost?
We try to keep your costs as low as possible, and as affordable as possible. We provide flat fee estimates in advance, at no charge to you.
In the simplest cases, where the invention is easy to describe or show in a few figures of drawing, patent application can be prepared for as little as $1800, with a government filing fee of $540 for a small entity (this cost is slightly less for electronic filing).
The formal drawings, if needed, can usually be obtained for less than $150 per sheet. One sheet might have several figures on it, depending on the complexity of the invention, thus saving money.
If the patent application is granted, the government charges an issue fee of $755 and publication fee of $300. A service charge of $80 is added for attending to preparing and filing the Issue Fee Transmittal.
The U.S. Patent Office examines the patent application and finds any relevant prior art. If the prior art is sufficiently close, they will make a rejection. A response can be filed, usually at a cover of $350 to $450. Every case is different; some are allowed without needing such an amendment or response. In some cases, a further response is necessary or desirable, and the cost is normally somewhat less than $350.
This type of rejection is fairly normal. To attempt to overcome such a rejection, the response can be filed which changes the claims to avoid the prior art, and/or presents arguments to distinguish the invention in the patent application from the prior art.
Sometimes such a rejection can be overcome by a telephone call to the patent examiner; in those cases the cost is at the hourly rate of $100. Such calls are usually short and to the point, especially if the call is to authorize an examiner's amendment which will result in allowance of the application.
Read more >> http://internationalpatentservice.com/how-much-does-a-patent-cost.html
Tuesday, June 11, 2019
A practical guide to opening a startup in Italy
By: Angela
So, you have a great idea and you have decided that Italy is the best place to turn it into a startup. You picked the perfect place to move to and you have already solved the “small town vs big city” dilemma. Well done! What should you do now? This is a practical guide to opening a startup in Italy. We will get you through the first steps to converting your stroke of genius into a viable enterprise. At every stage, it is essential to keep in mind that a successful startup needs to be innovative and dynamic, but also have a solid framework and at least some initial capital. Here’s what you need to know.
What is considered “innovative”?
We call an enterprise innovative when it adds something new to the market. This doesn’t necessarily mean that the product itself or the whole idea is entirely unheard of (such breakthroughs are in fact extremely rare). The element of “innovation” is not necessarily to be found in the product: it could be in the process, the technique or the way in which the project is made sustainable. Innovation brings added value to one or more stages of the productive cycle. While innovation is a goal most enterprises should strive towards, it proves essential in a startup environment. So far, we have the conceptual definition of innovation. In order to qualify as a startup in Italy, however, a company must meet precise requirements in this respect. For instance, 15% or more of the total productions costs must be invested in research & development.
Read more >> https://www.italianbusinesstips.com/practical-guide-opening-startup-italy/
So, you have a great idea and you have decided that Italy is the best place to turn it into a startup. You picked the perfect place to move to and you have already solved the “small town vs big city” dilemma. Well done! What should you do now? This is a practical guide to opening a startup in Italy. We will get you through the first steps to converting your stroke of genius into a viable enterprise. At every stage, it is essential to keep in mind that a successful startup needs to be innovative and dynamic, but also have a solid framework and at least some initial capital. Here’s what you need to know.
What is considered “innovative”?
We call an enterprise innovative when it adds something new to the market. This doesn’t necessarily mean that the product itself or the whole idea is entirely unheard of (such breakthroughs are in fact extremely rare). The element of “innovation” is not necessarily to be found in the product: it could be in the process, the technique or the way in which the project is made sustainable. Innovation brings added value to one or more stages of the productive cycle. While innovation is a goal most enterprises should strive towards, it proves essential in a startup environment. So far, we have the conceptual definition of innovation. In order to qualify as a startup in Italy, however, a company must meet precise requirements in this respect. For instance, 15% or more of the total productions costs must be invested in research & development.
Read more >> https://www.italianbusinesstips.com/practical-guide-opening-startup-italy/
Monday, June 10, 2019
US & USPTO Patent - General Information
By: Michael J Foycik Jr.
June 11, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
US & USPTO PATENT GENERAL INFORMATION
Introduction
The US law provides for patent and trademark protection. The administrative agencies responsible for this are the US Patent Office and the US Trademark Office, which are combined and called the US Patent and Trademark Office, abbreviated as USPTO. In the following, the abbreviation USPTO will be used throughout.
Preparing a patent application
A US Patent Lawyer, also called a US Patent Attorney, normally prepares a US Patent Application for filing with the USPTO. The US Patent Lawyer works with the inventor to draft a specification having a description of the invention, including drawings when possible. The draft is then studied by the inventor, and changes are made if necessary. When the draft is accepted by the inventor, the inventor signs a form called a Declaration, claiming inventorship of the application. Once it is filed, it receives a Serial Number and an Official Filing Receipt, and thus becomes an official US Patent Application.
At some point in this process, it is advisable but not necessary to perform a US patent search. The US patent search can find prior art patents that show the extent of the closest prior art, and whether the invention has been patented at an earlier time. If an expired patent is discovered which is very close to the invention, then that expired patent can confer a “right to use” that invention. If a pending US Patent covers the invention, and has claims which are sufficiently broad to cover the invention, then it is possible that infringement would occur. It is important to know if a new product might infringe an existing unexpired US Patent. If no patent exists which covers the invention, then it is possible that the invention can be patented. As noted above, it is not necessary to conduct a patent search prior to filing a new patent application.
The Role of the USPTO in Examining the Patent Application
The US Patent Application is examined in due course by a patent examiner. The US patent examiner will be an expert in the particular art in which the invention resides. The US patent examiner will search the prior art patent literature, and will make a search report and send it to the inventor along with a first Office Action on the merits.
Read more >> http://internationalpatentservice.com/US-USPTO-Patent.html
June 11, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
US & USPTO PATENT GENERAL INFORMATION
Introduction
The US law provides for patent and trademark protection. The administrative agencies responsible for this are the US Patent Office and the US Trademark Office, which are combined and called the US Patent and Trademark Office, abbreviated as USPTO. In the following, the abbreviation USPTO will be used throughout.
Preparing a patent application
A US Patent Lawyer, also called a US Patent Attorney, normally prepares a US Patent Application for filing with the USPTO. The US Patent Lawyer works with the inventor to draft a specification having a description of the invention, including drawings when possible. The draft is then studied by the inventor, and changes are made if necessary. When the draft is accepted by the inventor, the inventor signs a form called a Declaration, claiming inventorship of the application. Once it is filed, it receives a Serial Number and an Official Filing Receipt, and thus becomes an official US Patent Application.
At some point in this process, it is advisable but not necessary to perform a US patent search. The US patent search can find prior art patents that show the extent of the closest prior art, and whether the invention has been patented at an earlier time. If an expired patent is discovered which is very close to the invention, then that expired patent can confer a “right to use” that invention. If a pending US Patent covers the invention, and has claims which are sufficiently broad to cover the invention, then it is possible that infringement would occur. It is important to know if a new product might infringe an existing unexpired US Patent. If no patent exists which covers the invention, then it is possible that the invention can be patented. As noted above, it is not necessary to conduct a patent search prior to filing a new patent application.
The Role of the USPTO in Examining the Patent Application
The US Patent Application is examined in due course by a patent examiner. The US patent examiner will be an expert in the particular art in which the invention resides. The US patent examiner will search the prior art patent literature, and will make a search report and send it to the inventor along with a first Office Action on the merits.
Read more >> http://internationalpatentservice.com/US-USPTO-Patent.html
Sunday, June 9, 2019
The United States Patent and Trademark Office Updates Hemp Mark Guidelines
By: Eric Sandy
Following the passage of the 2018 Farm Bill and the legalization of hemp in the U.S., federal agencies are beginning to line up their regulatory approach to this burgeoning industry. The U.S. Department of Agriculture (USDA) is preparing its guardrails for state-sanctioned hemp programs, and, now, the United States Patent and Trademark Office (USPTO) has clarified how it will handle trademarks for hemp businesses.
In short, hemp businesses (including plant-touching businesses) are able to apply for trademark registration—as long as their business falls outside the Food and Drug Administration’s (FDA) regulations of hemp-derived CBD as a food or beverage ingredient. The FDA oversight is part of a broad gray area still in need of clarification post-Farm Bill.
For now, many hemp businesses have a shot at claiming their mark.
“We’ve been waiting since the Farm Bill was passed on how that would impact the trademarks used in connection with these particular products and services,” said David Gold, intellectual property litigation attorney at Cole Schotz.
The USPTO, which oversees patents and trademarks, splits its approach to controlled substances in the U.S. The patents office will work with companies that are using federally controlled substances, like whole-plant cannabis (and especially THC). The trademark office, however, will not work with those companies.
Read more >> https://www.cannabisbusinesstimes.com/article/united-states-patent-trademark-office-hemp-businesses/
Following the passage of the 2018 Farm Bill and the legalization of hemp in the U.S., federal agencies are beginning to line up their regulatory approach to this burgeoning industry. The U.S. Department of Agriculture (USDA) is preparing its guardrails for state-sanctioned hemp programs, and, now, the United States Patent and Trademark Office (USPTO) has clarified how it will handle trademarks for hemp businesses.
In short, hemp businesses (including plant-touching businesses) are able to apply for trademark registration—as long as their business falls outside the Food and Drug Administration’s (FDA) regulations of hemp-derived CBD as a food or beverage ingredient. The FDA oversight is part of a broad gray area still in need of clarification post-Farm Bill.
For now, many hemp businesses have a shot at claiming their mark.
“We’ve been waiting since the Farm Bill was passed on how that would impact the trademarks used in connection with these particular products and services,” said David Gold, intellectual property litigation attorney at Cole Schotz.
The USPTO, which oversees patents and trademarks, splits its approach to controlled substances in the U.S. The patents office will work with companies that are using federally controlled substances, like whole-plant cannabis (and especially THC). The trademark office, however, will not work with those companies.
Read more >> https://www.cannabisbusinesstimes.com/article/united-states-patent-trademark-office-hemp-businesses/
Thursday, June 6, 2019
How to Patent a Business Method
By: Michael J Foycik Jr.
June 7, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
A business method
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.
A business method cannot be copyrighted, but it can sometimes be patented. Specifically, the inventive steps of certain business methods can be patented, and because of this the patent can provide protection far beyond just the specific business method language used.
First, a drawing is made showing the most important steps of the business method as a flowchart diagram. It is usually not necessary to give every detail of the operation of the business method; instead, the main features should be illustrated. The business method should be protected by a utility patent application, since that will cover any type of business method language. This is also sometimes called a “regular” patent application. The business method steps can be explained in words and by the flowchart drawings.
This is a good point to mention that there is also something called a “provisional patent application” that gives patent pending status for one year, permitting a utility patent application to be filed at any time during that year. This is much less expensive, and is recommended when there is an urgent need to get something one file, for example just prior to a trade show or publication. Further below, there is a section called “How to patent using a provisional patent application.”
Here's a simple example showing how to patent an idea for a simple and amusing invention, where a business method is used. The simplest business method already in the public domain would be a lottery. Here, tickets are sold, and based on predetermined or later-determined criteria such as the drawing of numbers, determines winning tickets. For the moment, we aren't concerned with whether it has been done before, it is just an example. For now, the idea would be expressed in words, written just as above. These steps would be shown in a simple flowchart.
Next, a claim is added to describe the invention broadly, such as the following: Claim 1: A method for selling tickets and awarding prizes, comprising the steps of: selling tickets with indicia thereon; matching the indicia with predetermined or later-determined criteria such as the drawing of numbers to determine winning tickets; and awarding prizes to winning tickets
Read more >> http://internationalpatentservice.com/How-to-Patent-a-Business-Method.html
June 7, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
A business method
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.
A business method cannot be copyrighted, but it can sometimes be patented. Specifically, the inventive steps of certain business methods can be patented, and because of this the patent can provide protection far beyond just the specific business method language used.
First, a drawing is made showing the most important steps of the business method as a flowchart diagram. It is usually not necessary to give every detail of the operation of the business method; instead, the main features should be illustrated. The business method should be protected by a utility patent application, since that will cover any type of business method language. This is also sometimes called a “regular” patent application. The business method steps can be explained in words and by the flowchart drawings.
This is a good point to mention that there is also something called a “provisional patent application” that gives patent pending status for one year, permitting a utility patent application to be filed at any time during that year. This is much less expensive, and is recommended when there is an urgent need to get something one file, for example just prior to a trade show or publication. Further below, there is a section called “How to patent using a provisional patent application.”
Here's a simple example showing how to patent an idea for a simple and amusing invention, where a business method is used. The simplest business method already in the public domain would be a lottery. Here, tickets are sold, and based on predetermined or later-determined criteria such as the drawing of numbers, determines winning tickets. For the moment, we aren't concerned with whether it has been done before, it is just an example. For now, the idea would be expressed in words, written just as above. These steps would be shown in a simple flowchart.
Next, a claim is added to describe the invention broadly, such as the following: Claim 1: A method for selling tickets and awarding prizes, comprising the steps of: selling tickets with indicia thereon; matching the indicia with predetermined or later-determined criteria such as the drawing of numbers to determine winning tickets; and awarding prizes to winning tickets
Read more >> http://internationalpatentservice.com/How-to-Patent-a-Business-Method.html
Wednesday, June 5, 2019
Startup India initiative created over 560,000 jobs since 2016, says govt
By: Subhayan Chakraborty
The Startup India initiative has created an estimated 187,004 direct jobs since its inception in 2016, with the number of related indirect jobs taking the total tally to more than 560,000, the government has claimed.
“Start-ups create valuable jobs. 187,004 jobs have been reported by 16,105 Department for Promotion of Industry and Internal Trade (DPIIT)-recognised start-ups, i.e., more than 11 direct jobs per start-up. With each direct job leading to 3x indirect jobs, the total jobs created by these start-ups are estimated at more than 560,000,” Ramesh Abhishek, DPIIT secretary, said on Tuesday.
However, the figures are self-reported by start-ups and not verified by the government. This job growth has come at a rough cost of more than Rs 2,500 crore disbursed by the government to fund start-ups.
In 2016, the Centre had established a Rs 10,000-crore fund of funds under the Small Industries Development Bank of India (Sidbi) to meet the financial needs of start-ups.
ALSO READ: Govt slashes Startup India kitty to Rs 25 cr; Make in India gets more money
“From the fund of funds, Sidbi has committed Rs 2,570 crore to 45 venture funds, catalysing investments of more than Rs 25,000 crore. 244 start-ups have received funding of Rs 1,561 crore,” Abhishek tweeted.
Abhishek’s comments assume significance as the Narendra Modi government has received criticism for not being able to shore up employment. Last week, the first periodic labour force survey officially showed the unemployment rate at a 45-year-high of 6.1 per cent in 2017-18.
Read more >> https://www.business-standard.com/article/economy-policy/startup-india-initiative-created-over-560-000-jobs-since-2016-says-govt-119060401491_1.html
The Startup India initiative has created an estimated 187,004 direct jobs since its inception in 2016, with the number of related indirect jobs taking the total tally to more than 560,000, the government has claimed.
“Start-ups create valuable jobs. 187,004 jobs have been reported by 16,105 Department for Promotion of Industry and Internal Trade (DPIIT)-recognised start-ups, i.e., more than 11 direct jobs per start-up. With each direct job leading to 3x indirect jobs, the total jobs created by these start-ups are estimated at more than 560,000,” Ramesh Abhishek, DPIIT secretary, said on Tuesday.
However, the figures are self-reported by start-ups and not verified by the government. This job growth has come at a rough cost of more than Rs 2,500 crore disbursed by the government to fund start-ups.
In 2016, the Centre had established a Rs 10,000-crore fund of funds under the Small Industries Development Bank of India (Sidbi) to meet the financial needs of start-ups.
ALSO READ: Govt slashes Startup India kitty to Rs 25 cr; Make in India gets more money
“From the fund of funds, Sidbi has committed Rs 2,570 crore to 45 venture funds, catalysing investments of more than Rs 25,000 crore. 244 start-ups have received funding of Rs 1,561 crore,” Abhishek tweeted.
Abhishek’s comments assume significance as the Narendra Modi government has received criticism for not being able to shore up employment. Last week, the first periodic labour force survey officially showed the unemployment rate at a 45-year-high of 6.1 per cent in 2017-18.
Read more >> https://www.business-standard.com/article/economy-policy/startup-india-initiative-created-over-560-000-jobs-since-2016-says-govt-119060401491_1.html
Tuesday, June 4, 2019
How to Patent a Plant Species
By: Michael J Foycik Jr.
June 5, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
A plant species
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.
This is very rare, but can be done! The inventive species is identified.
First, a drawing is made showing the inventive species. This is best done by a color photograph.
A claim or claims and an abstract would be added. And, standard text is added including sections titled: background of the invention; summary of the invention; brief description of the drawings; and an abstract of the disclosure. This part is not usually hard to do, but can be time consuming.
Then, a Declaration is prepared showing the name of the inventor and title of the invention. This is from a standard form provided by the US Patent Office.
Last, a cover page including a Transmittal sheet is prepared, listing what is being filed with the US Patent Office. The Transmittal page normally will include a check for the amount of the US government filing fee, and a postcard filing receipt. The check can be omitted, as can the signed Declaration, but in that case the US Patent Office will send a notice asking for those items along with a relatively small late fee.
The drawings may or may not be accepted as filed. If not accepted, the US Patent Office sends a notice, and sets a time period for submitting the formal drawings. A specially skilled draftsman normally prepares the formal drawings, since the US Patent Office has very specific and detailed requirements for the drawings. We work with a skilled patent draftsman, to provide the formal drawings.
The application is examined by the US Patent Office. If granted, the application matures into a plant patent. A granted plant patent can be enforced in court, and it can be assigned and licensed too.
Read more >> http://internationalpatentservice.com/How-to-Patent-a-Plant-Species.html
June 5, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
A plant species
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.
This is very rare, but can be done! The inventive species is identified.
First, a drawing is made showing the inventive species. This is best done by a color photograph.
A claim or claims and an abstract would be added. And, standard text is added including sections titled: background of the invention; summary of the invention; brief description of the drawings; and an abstract of the disclosure. This part is not usually hard to do, but can be time consuming.
Then, a Declaration is prepared showing the name of the inventor and title of the invention. This is from a standard form provided by the US Patent Office.
Last, a cover page including a Transmittal sheet is prepared, listing what is being filed with the US Patent Office. The Transmittal page normally will include a check for the amount of the US government filing fee, and a postcard filing receipt. The check can be omitted, as can the signed Declaration, but in that case the US Patent Office will send a notice asking for those items along with a relatively small late fee.
The drawings may or may not be accepted as filed. If not accepted, the US Patent Office sends a notice, and sets a time period for submitting the formal drawings. A specially skilled draftsman normally prepares the formal drawings, since the US Patent Office has very specific and detailed requirements for the drawings. We work with a skilled patent draftsman, to provide the formal drawings.
The application is examined by the US Patent Office. If granted, the application matures into a plant patent. A granted plant patent can be enforced in court, and it can be assigned and licensed too.
Read more >> http://internationalpatentservice.com/How-to-Patent-a-Plant-Species.html
Monday, June 3, 2019
Intellectual property strategies for startups
By: Benjamin Lehberger
Intellectual property protection is an important consideration for most startups. Obtaining intellectual property protection, such as patents, can minimize competition and act as a defensive mechanism against infringement claims from others. Intellectual property also can attract or solidify funding and partnerships. In formulating an intellectual property strategy for your startup, consider the following.
File early, and keep quiet
Your time to file for patent protection is limited and patents should be contemplated early on in development. In the United States, an inventor has a one-year “grace period” from first publicizing an invention to filing for patent protection, after which it is too late. However, you should not wait even that long. In 2013, the U.S. patent system switched from a first-to-invent to a first-inventor-to-file system. This subtle difference in terminology could mean dire consequences for those who delay seeking patent protection.
Under the old first-to-invent system, you could be the first to conceive of an invention and still obtain patent rights over an earlier filer by showing that you conceived first and continued to diligently work on your invention. Today, it is a race to the patent office. Regardless of who conceived of the invention first, the first one to file their patent application “wins.”
Read more >> https://techcrunch.com/2016/10/31/intellectual-property-strategies-for-startups/
Intellectual property protection is an important consideration for most startups. Obtaining intellectual property protection, such as patents, can minimize competition and act as a defensive mechanism against infringement claims from others. Intellectual property also can attract or solidify funding and partnerships. In formulating an intellectual property strategy for your startup, consider the following.
File early, and keep quiet
Your time to file for patent protection is limited and patents should be contemplated early on in development. In the United States, an inventor has a one-year “grace period” from first publicizing an invention to filing for patent protection, after which it is too late. However, you should not wait even that long. In 2013, the U.S. patent system switched from a first-to-invent to a first-inventor-to-file system. This subtle difference in terminology could mean dire consequences for those who delay seeking patent protection.
Under the old first-to-invent system, you could be the first to conceive of an invention and still obtain patent rights over an earlier filer by showing that you conceived first and continued to diligently work on your invention. Today, it is a race to the patent office. Regardless of who conceived of the invention first, the first one to file their patent application “wins.”
Read more >> https://techcrunch.com/2016/10/31/intellectual-property-strategies-for-startups/
Sunday, June 2, 2019
How to Patent a Provisional Patent Application
By: Michael J Foycik Jr.
June 3, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
A provisional patent application
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.
A slightly better title would be “How to Get a Provisional Patent Application.“ That would be more correct, as explained below. It is easy to get a provisional patent application, which gives “patent pending” status but cannot in itself be “patented.” Instead, a provisional patent application holds the date (as the date of filing), protects the owner against later copiers, and permits later filing of a utility (“regular”) patent application.
Why get a Provisional Patent Application? It is less costly, and has a lower government filing fee, as compared with a utility patent application. It takes less effort to prepare, and needs no formal drawings and no signed Declaration.
Anything can be the subject of a provisional patent application. It provides defensive protection against later imitators. And, it can be the basis of a later utility patent application. It’s very useful to get a provisional patent application!
So what's the catch? The catch is, the provisional patent application lasts for only one year, after which the idea belongs to the public unless a utility patent application has been filed during that year.
So why file a Provisional Patent Application? If you are publishing the invention or showing it to potential investors or distributors or at a trade show, then a Provisional Patent Application will secure the date of filing, and can protect you against later imitators. How can it protect? It would prevent a competitor from copying your idea and patenting it themselves, then using the patent against you. Yes, that really happens sometimes! And, if the provisional application is followed up within one year by a utility patent application that issues as a patent, then it would allow you to seek damages in court.
Do you need to wait for a patent to issue before commercializing your invention? No, not at all! In fact, a pending patent application can be even more valuable than an issued patent in some cases, and a pending provisional patent application can be sold, assigned, or licensed.
Read more >> http://internationalpatentservice.com/How-to-Patent-a-Provisional-Patent-Application.html
June 3, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
A provisional patent application
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.
A slightly better title would be “How to Get a Provisional Patent Application.“ That would be more correct, as explained below. It is easy to get a provisional patent application, which gives “patent pending” status but cannot in itself be “patented.” Instead, a provisional patent application holds the date (as the date of filing), protects the owner against later copiers, and permits later filing of a utility (“regular”) patent application.
Why get a Provisional Patent Application? It is less costly, and has a lower government filing fee, as compared with a utility patent application. It takes less effort to prepare, and needs no formal drawings and no signed Declaration.
Anything can be the subject of a provisional patent application. It provides defensive protection against later imitators. And, it can be the basis of a later utility patent application. It’s very useful to get a provisional patent application!
So what's the catch? The catch is, the provisional patent application lasts for only one year, after which the idea belongs to the public unless a utility patent application has been filed during that year.
So why file a Provisional Patent Application? If you are publishing the invention or showing it to potential investors or distributors or at a trade show, then a Provisional Patent Application will secure the date of filing, and can protect you against later imitators. How can it protect? It would prevent a competitor from copying your idea and patenting it themselves, then using the patent against you. Yes, that really happens sometimes! And, if the provisional application is followed up within one year by a utility patent application that issues as a patent, then it would allow you to seek damages in court.
Do you need to wait for a patent to issue before commercializing your invention? No, not at all! In fact, a pending patent application can be even more valuable than an issued patent in some cases, and a pending provisional patent application can be sold, assigned, or licensed.
Read more >> http://internationalpatentservice.com/How-to-Patent-a-Provisional-Patent-Application.html
Saturday, June 1, 2019
How to determine the Value of Your Intellectual Property
By: Josh Biggs
There is an ever-growing shift toward the knowledge-based economy and intellectual property rights are increasingly understood as supporting and promoting economic growth. In such a climate, businesses that base their operations on intangible assets and innovation need to be cognizant about legally protecting and capitalizing on these investments.
Registered and granted intellectual property rights, such as granted patents, trademark registrations, and copyright registrations, which are acquired by application to intellectual property offices, provide legal evidence of ownership over intangible assets as well as give businesses the right to exclude others from use of these rights. This allows businesses to protect their intellectual property from use by competitors and provides businesses with an asset which can be profitably licensed or sold.
Why it’s so important?
Intellectual property valuation can help businesses determine the true value of their intangible assets and capitalize on their investments in innovation. For example, assessing the value of patent, trademark or copyright rights may simplify the licensing or assignment process by helping businesses determine the royalty rates that should be paid as a result of others using their intellectual property. Further, valuation of intellectual property, if not currently accounted for, assigns value to a business and may provide a business with collateral for loans or mortgages. For new businesses, an accurate and substantiated valuation of intellectual property assets is likely to increase outside investment into the venture.
Valuation methods
The value of an intellectual property can be determined by many factors, but the overarching principle guiding valuation is how much of a competitive advantage over others in the industry your intellectual property provides. When determining the worth of intellectual property, two methods of valuation have traditionally been used – quantitative and qualitative valuation.
Read more >> https://www.meldium.com/how-to-determine-the-value-of-your-intellectual-property/
There is an ever-growing shift toward the knowledge-based economy and intellectual property rights are increasingly understood as supporting and promoting economic growth. In such a climate, businesses that base their operations on intangible assets and innovation need to be cognizant about legally protecting and capitalizing on these investments.
Registered and granted intellectual property rights, such as granted patents, trademark registrations, and copyright registrations, which are acquired by application to intellectual property offices, provide legal evidence of ownership over intangible assets as well as give businesses the right to exclude others from use of these rights. This allows businesses to protect their intellectual property from use by competitors and provides businesses with an asset which can be profitably licensed or sold.
Why it’s so important?
Intellectual property valuation can help businesses determine the true value of their intangible assets and capitalize on their investments in innovation. For example, assessing the value of patent, trademark or copyright rights may simplify the licensing or assignment process by helping businesses determine the royalty rates that should be paid as a result of others using their intellectual property. Further, valuation of intellectual property, if not currently accounted for, assigns value to a business and may provide a business with collateral for loans or mortgages. For new businesses, an accurate and substantiated valuation of intellectual property assets is likely to increase outside investment into the venture.
Valuation methods
The value of an intellectual property can be determined by many factors, but the overarching principle guiding valuation is how much of a competitive advantage over others in the industry your intellectual property provides. When determining the worth of intellectual property, two methods of valuation have traditionally been used – quantitative and qualitative valuation.
Read more >> https://www.meldium.com/how-to-determine-the-value-of-your-intellectual-property/
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