By: Michael J Foycik Jr.
August 1, 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 need an investor. Probably to start a new business and launch a new product. Here's a very short yet useful guide.
Get a distributor. Yes, they don't sound like investors, but it helps to see them that way. Why so? A typical one will bear the costs in some way, and help sell the product. These things are what a good investor would do. Typically, with a new product, you can expect to get anywhere from 2 to 9 percent of the selling price, though this can vary.
Sell though a TV marketing company – you know the ones. You see them on late night television, or on cable channels that sell goods. And yes, they don't sound like investors, but it will help to look at them that way. A typical one will help with the costs in come way, and perhaps even with the development and testing of the product.
Read more >>http://internationalpatentservice.com/Getting-Investors-Ultra-Quick-Tips.html
Wednesday, July 31, 2019
Tuesday, July 30, 2019
Closing the Gap Between Intellectual Property Awareness and Understanding
By: Manny Schecter
Intellectual property (IP) promotes innovation. The limited right to exclude others from copying patented inventions, copyrighted original works of authorship, and trademarked brands and logos encourages innovators to invest their time and money.
IP appeals to our sense of fairness by discouraging or preventing counterfeiting, passing off, and other harmful takings of the fruits of investments in research, development, creativity and innovation, and is leveraged by entrepreneurs seeking start-up capital. Unfortunately, the general public lacks a true understanding of how IP fuels our innovation economy.
The importance of IP has increased in recent decades, as evidenced by the growth in the portion of company value that stems from intangibles and the use of IP as an important tool in global competition. Given the growth in importance of IP, it is not surprising that awareness of IP has also grown. In the past, one had to resort to law books and legal journals to learn and keep up with recent developments about IP.
Read more >> https://www.ipwatchdog.com/2019/02/03/closing-gap-intellectual-property-awareness-understanding/id=105866/
Intellectual property (IP) promotes innovation. The limited right to exclude others from copying patented inventions, copyrighted original works of authorship, and trademarked brands and logos encourages innovators to invest their time and money.
IP appeals to our sense of fairness by discouraging or preventing counterfeiting, passing off, and other harmful takings of the fruits of investments in research, development, creativity and innovation, and is leveraged by entrepreneurs seeking start-up capital. Unfortunately, the general public lacks a true understanding of how IP fuels our innovation economy.
The importance of IP has increased in recent decades, as evidenced by the growth in the portion of company value that stems from intangibles and the use of IP as an important tool in global competition. Given the growth in importance of IP, it is not surprising that awareness of IP has also grown. In the past, one had to resort to law books and legal journals to learn and keep up with recent developments about IP.
Read more >> https://www.ipwatchdog.com/2019/02/03/closing-gap-intellectual-property-awareness-understanding/id=105866/
Monday, July 29, 2019
Yes, You Can (Quickly) Invent Something Great!
By: Michael J Foycik Jr.
July 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.
Need a great new product really fast? Something unique, special, and with chances to succeed? Then keep reading!
There is a vast treasure trove of great ideas and many proven successes which lack one thing: an update to modern technology and/or modern materials. Sometimes their features weren't practical, or the right materials didn't exist, or the sensors weren't cheap enough, or the motors weren't strong enough. Games or toys might not have been accessible to the average person, but would be with an electronic update.
So, where can we find this treasure trove? How can we use it? Easy! Find expired patents using an online search by class/subclass using the patent office web site. Example: for toys, the Class is 446. Subclasses are by topic, for example 446/15 is for toys with soap bubbles. There are many unusual and exciting categories – you'll be amazed by what you see! Other classes are equally amazing.
You want to steps? Easy - go to the US Patent Office official site (www.uspto.gov). Click patents, which brings up a listing. Click the third item down, Classification. The topic you'll want for an index (i.e., word) search is “search USPC index schedule and definitions.” The topic for a classification search is on the right hand side about a fourth of the way down called “browse listing of USPC Class numbers and titles.”
Now, on to the actual search steps: on that site, click “search for patents” in uppermost right side of page. It is in the light text just above the box “Search our site”. In the blue text on the right half of the page, click on either the top link (USPTO full text and image database) or on the second link down (USPTO Patent Application full text and image database) depending on which type you want.
Read more >> http://internationalpatentservice.com/Yes-You-Can-Invent-Something-Great.html
July 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.
Need a great new product really fast? Something unique, special, and with chances to succeed? Then keep reading!
There is a vast treasure trove of great ideas and many proven successes which lack one thing: an update to modern technology and/or modern materials. Sometimes their features weren't practical, or the right materials didn't exist, or the sensors weren't cheap enough, or the motors weren't strong enough. Games or toys might not have been accessible to the average person, but would be with an electronic update.
So, where can we find this treasure trove? How can we use it? Easy! Find expired patents using an online search by class/subclass using the patent office web site. Example: for toys, the Class is 446. Subclasses are by topic, for example 446/15 is for toys with soap bubbles. There are many unusual and exciting categories – you'll be amazed by what you see! Other classes are equally amazing.
You want to steps? Easy - go to the US Patent Office official site (www.uspto.gov). Click patents, which brings up a listing. Click the third item down, Classification. The topic you'll want for an index (i.e., word) search is “search USPC index schedule and definitions.” The topic for a classification search is on the right hand side about a fourth of the way down called “browse listing of USPC Class numbers and titles.”
Now, on to the actual search steps: on that site, click “search for patents” in uppermost right side of page. It is in the light text just above the box “Search our site”. In the blue text on the right half of the page, click on either the top link (USPTO full text and image database) or on the second link down (USPTO Patent Application full text and image database) depending on which type you want.
Read more >> http://internationalpatentservice.com/Yes-You-Can-Invent-Something-Great.html
Sunday, July 28, 2019
How to protect your Intellectual Property as a startup or scale up
By: Chloe Mckenna
It's so easy to overlook your intellectual property when you're a startup. Even companies who've been in business for a while but are scaling up can easily forget just how important it is to protect yourself and your business. So, how do you even begin to go about protecting it and what's involved?
Your intellectual property is one of your most valuable assets. Not only does it give your company its true value, but it also helps create brand recognition and sets you apart from your competitors. Without it, you can't differentiate yourself from the rest. So that's why business owners are realising just how valuable it is and taking steps to protect it.
So it's no surprise that legal claims made over the last 12 months by small to medium enterprises have risen significantly by 68%. If you're new to business and have no clue how to even register your intellectual property, read on to find out.
Read more >> https://www.capalona.co.uk/news/how-to-protect-your-intellectual-property-as-a-startup-or-scale-up/
It's so easy to overlook your intellectual property when you're a startup. Even companies who've been in business for a while but are scaling up can easily forget just how important it is to protect yourself and your business. So, how do you even begin to go about protecting it and what's involved?
Your intellectual property is one of your most valuable assets. Not only does it give your company its true value, but it also helps create brand recognition and sets you apart from your competitors. Without it, you can't differentiate yourself from the rest. So that's why business owners are realising just how valuable it is and taking steps to protect it.
So it's no surprise that legal claims made over the last 12 months by small to medium enterprises have risen significantly by 68%. If you're new to business and have no clue how to even register your intellectual property, read on to find out.
Read more >> https://www.capalona.co.uk/news/how-to-protect-your-intellectual-property-as-a-startup-or-scale-up/
Saturday, July 27, 2019
Let's Sue That Trademark Infringer – Or Maybe Not!
By: Michael J Foycik Jr.
July 28, 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.
Someone is infringing your trademark. Now you want to rush out and sue them! Let's stop and talk about that for a minute.
Let's just mention that there can be a number of defenses to a trademark lawsuit. Such defenses depend on the answers to the following (and possibly other) questions, such as: Was the infringer actually the first to use it? Can your trademark registration be challenged, or is it incontestible? Were you actually damaged? Is the alleged infringer's trademark really close enough to your trademark? Is the whole trademark infringed, or just part of it? Is your trademark a “word” mark or a logo (picture) mark?
Now let's say there are no defenses to the lawsuit, and victory is absolutely certain. This is very hypothetical, of course, since there is always some uncertainly. But, assuming this perfect situation, should you still go ahead and sue? The answer may be “no” for a number of reasons!
So don't sue? Why not? Well, for starters, if the infringement was not“intentional” (within the legal meaning of that term), then it can be very difficult to obtain meaningful damages. That's right, you can win the lawsuit and yet get little or no cash. The most common result of a successful trademark infringement lawsuit is an injunction – an order to stop the infringement. Even worse, the injunction sometimes gives the infringer ample time to use up their stock of infringing goods.
Read more >> http://internationalpatentservice.com/Lets-Sue-That-Trademark-Infringer.html
July 28, 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.
Someone is infringing your trademark. Now you want to rush out and sue them! Let's stop and talk about that for a minute.
Let's just mention that there can be a number of defenses to a trademark lawsuit. Such defenses depend on the answers to the following (and possibly other) questions, such as: Was the infringer actually the first to use it? Can your trademark registration be challenged, or is it incontestible? Were you actually damaged? Is the alleged infringer's trademark really close enough to your trademark? Is the whole trademark infringed, or just part of it? Is your trademark a “word” mark or a logo (picture) mark?
Now let's say there are no defenses to the lawsuit, and victory is absolutely certain. This is very hypothetical, of course, since there is always some uncertainly. But, assuming this perfect situation, should you still go ahead and sue? The answer may be “no” for a number of reasons!
So don't sue? Why not? Well, for starters, if the infringement was not“intentional” (within the legal meaning of that term), then it can be very difficult to obtain meaningful damages. That's right, you can win the lawsuit and yet get little or no cash. The most common result of a successful trademark infringement lawsuit is an injunction – an order to stop the infringement. Even worse, the injunction sometimes gives the infringer ample time to use up their stock of infringing goods.
Read more >> http://internationalpatentservice.com/Lets-Sue-That-Trademark-Infringer.html
Thursday, July 25, 2019
Can You Patent Pot?
By: Christopher Coble
Your state just legalized it. You want in on the billion-dollar cannabiz boom. And you've got a particular strain of that sticky icky that you think will set your marijuana startup ablaze. (In a good way.) But how do you protect your intellectual property in a burgeoning yet quasi-legal industry?
After all, the federal government still lists marijuana as a Schedule I illegal narcotic, and it's that same federal government that issues patents, trademarks, and copyright protections. Is filing for a patent on your exclusive Purple Urkle-Zombie Killer-Schnazzleberry hybrid just asking for trouble with the DEA? Here's a look:
Have No Fear ...
While there's no general prohibition on patenting potentially illegal products, weed trademarks may be met with additional scrutiny. "Applications for trademarks used on regulated products (e.g. cannabis, drug paraphernalia, ivory, whalebone) and activities (e.g. gambling and wagering, retail stores featuring controlled substances) are subject to additional review," according to the U.S. Patent and Trademark Office. "The USPTO may inquire about your compliance with federal law before issuing a registration. If your goods, services, or trademark violate federal law, we will issue a refusal."
Read more >> https://blogs.findlaw.com/free_enterprise/2019/07/can-you-patent-pot.html
Your state just legalized it. You want in on the billion-dollar cannabiz boom. And you've got a particular strain of that sticky icky that you think will set your marijuana startup ablaze. (In a good way.) But how do you protect your intellectual property in a burgeoning yet quasi-legal industry?
After all, the federal government still lists marijuana as a Schedule I illegal narcotic, and it's that same federal government that issues patents, trademarks, and copyright protections. Is filing for a patent on your exclusive Purple Urkle-Zombie Killer-Schnazzleberry hybrid just asking for trouble with the DEA? Here's a look:
Have No Fear ...
While there's no general prohibition on patenting potentially illegal products, weed trademarks may be met with additional scrutiny. "Applications for trademarks used on regulated products (e.g. cannabis, drug paraphernalia, ivory, whalebone) and activities (e.g. gambling and wagering, retail stores featuring controlled substances) are subject to additional review," according to the U.S. Patent and Trademark Office. "The USPTO may inquire about your compliance with federal law before issuing a registration. If your goods, services, or trademark violate federal law, we will issue a refusal."
Read more >> https://blogs.findlaw.com/free_enterprise/2019/07/can-you-patent-pot.html
Wednesday, July 24, 2019
What Does A Trademark Lawsuit Cost?
By: Michael J Foycik Jr.
July 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.
Trademark infringement is a highly charged subject, and I have seen how it affects the trademark owner. A lawsuit would seem like a wonderful solution. But, what should it cost?
Though I have heard many numbers, it is all just hearsay. Even so, it may be helpful to say it.
A very small law firm or individual attorney will often charge less than a large firm. I have heard stories wherein a plaintiff might pay somewhere between 10k and 30k, depending on if/when it settles. Higher numbers are possible when it goes to trial and there are many issues. Is this a good value? That depends – if you can only afford that much, then there's simply no choice.
A big company practically must use a large law firm for its reputation and size. There is great variation, but one should expect to pay for that large size and reputation. I have heard a number of experienced litigators say to simply add a zero to the numbers used for a small law firm. Is it worth it? That depends, but I have seen examples where it was well worth having a large firm do the litigation.
Where's that money go, anyway? Well, a portion goes to filing or answering the Complaint; attending to discovery and motions related to discovery; depositions and court reporter costs; various court hearings where attendance is required; and finally for the trial itself (if it goes that far).
Read more >> http://internationalpatentservice.com/What-Does-A-Trademark-Lawsuit-Cost.html
July 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.
Trademark infringement is a highly charged subject, and I have seen how it affects the trademark owner. A lawsuit would seem like a wonderful solution. But, what should it cost?
Though I have heard many numbers, it is all just hearsay. Even so, it may be helpful to say it.
A very small law firm or individual attorney will often charge less than a large firm. I have heard stories wherein a plaintiff might pay somewhere between 10k and 30k, depending on if/when it settles. Higher numbers are possible when it goes to trial and there are many issues. Is this a good value? That depends – if you can only afford that much, then there's simply no choice.
A big company practically must use a large law firm for its reputation and size. There is great variation, but one should expect to pay for that large size and reputation. I have heard a number of experienced litigators say to simply add a zero to the numbers used for a small law firm. Is it worth it? That depends, but I have seen examples where it was well worth having a large firm do the litigation.
Where's that money go, anyway? Well, a portion goes to filing or answering the Complaint; attending to discovery and motions related to discovery; depositions and court reporter costs; various court hearings where attendance is required; and finally for the trial itself (if it goes that far).
Read more >> http://internationalpatentservice.com/What-Does-A-Trademark-Lawsuit-Cost.html
Tuesday, July 23, 2019
Intellectual Property for Startups 101
By: KS Kader
When you start a company, intellectual property, or IP as we’ll call it for the rest of this post, is something to think about from the moment you have the idea.
IP is your work product. IP can cover everything around your company – including, but not limited to your software code, your name and logo, the formula and application of the algorithm you use, right down to your marketing content.
I’d like to prime all of this with one simple suggestion that will save you a ton of headache later: Your company should own all of your intellectual property. Make sure this is the case before you raise a round, or try to exit. Do this by making sure every founder and employee signs the appropriate agreements handing over their work product to the company.
I’m sure you’ve heard the terms “Copyright”, “Trademark or Service Mark”, “Trade Secret” and “Patent” get thrown around a lot – and you’ve Googled them all. How do you differentiate between each? What’s the governing body of law? How does your IP relate? Fear not, this article will give you a very high level primer of IP 101 for Startups. Let’s begin:
Read more >> https://www.kaderlaw.com/blog/intellectual-property-for-startups-101/
When you start a company, intellectual property, or IP as we’ll call it for the rest of this post, is something to think about from the moment you have the idea.
IP is your work product. IP can cover everything around your company – including, but not limited to your software code, your name and logo, the formula and application of the algorithm you use, right down to your marketing content.
I’d like to prime all of this with one simple suggestion that will save you a ton of headache later: Your company should own all of your intellectual property. Make sure this is the case before you raise a round, or try to exit. Do this by making sure every founder and employee signs the appropriate agreements handing over their work product to the company.
I’m sure you’ve heard the terms “Copyright”, “Trademark or Service Mark”, “Trade Secret” and “Patent” get thrown around a lot – and you’ve Googled them all. How do you differentiate between each? What’s the governing body of law? How does your IP relate? Fear not, this article will give you a very high level primer of IP 101 for Startups. Let’s begin:
Read more >> https://www.kaderlaw.com/blog/intellectual-property-for-startups-101/
Sunday, July 21, 2019
What Does A Patent Lawsuit Cost ?
By: Michael J Foycik Jr.
July 22, 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.
Patent infringement is a highly charged subject, and I have seen how it affects the patent owner. A lawsuit would seem like a wonderful solution. But, what should it cost?
Though I have heard many numbers, it is all just hearsay. Even so, it may be helpful to say it.
A contingency attorney might take the case, but may require an ownership interest in your company of 50 percent or higher. Is it worth it? Maybe so, if that's the only way to go forward. And why the high ownership interest? Easy – to have control to ensure payment in event of a victory.
A very small law firm or individual attorney will often charge less than a large firm. I have heard stories wherein a plaintiff might pay somewhere between 20k and 60k, depending on if/when it settles. Higher numbers are possible when it goes to trial and there are many issues. Is this a good value? That depends – if you can only afford that much, then there's simply no choice.
A big company practically must use a large law firm for its reputation and size. There is great variation, but one should expect to pay for that large size and reputation. I have heard a number of experienced litigators say to simply add a zero to the numbers used for a small law firm. Is it worth it? That depends, but I have seen examples where it was well worth having a large firm do the litigation.
Read more >> http://internationalpatentservice.com/What-Does-A-Patent-Lawsuit-Cost.html
July 22, 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.
Patent infringement is a highly charged subject, and I have seen how it affects the patent owner. A lawsuit would seem like a wonderful solution. But, what should it cost?
Though I have heard many numbers, it is all just hearsay. Even so, it may be helpful to say it.
A contingency attorney might take the case, but may require an ownership interest in your company of 50 percent or higher. Is it worth it? Maybe so, if that's the only way to go forward. And why the high ownership interest? Easy – to have control to ensure payment in event of a victory.
A very small law firm or individual attorney will often charge less than a large firm. I have heard stories wherein a plaintiff might pay somewhere between 20k and 60k, depending on if/when it settles. Higher numbers are possible when it goes to trial and there are many issues. Is this a good value? That depends – if you can only afford that much, then there's simply no choice.
A big company practically must use a large law firm for its reputation and size. There is great variation, but one should expect to pay for that large size and reputation. I have heard a number of experienced litigators say to simply add a zero to the numbers used for a small law firm. Is it worth it? That depends, but I have seen examples where it was well worth having a large firm do the litigation.
Read more >> http://internationalpatentservice.com/What-Does-A-Patent-Lawsuit-Cost.html
Saturday, July 20, 2019
IDENTITYMIND AWARDED NEW PATENT FOR USING SOCIAL NETWORKS ANALYSIS TO DELIVER HIGHER ACCURACY ON SANCTIONS AND PEP SCREENING
By: Jose Caldera
IdentityMind, Digital Identities You Can Trust, today announced that the U.S. Patent and Trademark Office (USPTO) has granted IdentityMind a patent for enhanced sanctions screening using digital identities and social media. The patent describes the integration of social networks and media analysis into IdentityMind’s core Electronic DNA™ Digital Identities technology as a way to improve the effectiveness of sanctions screening. This new patent continues to consolidate IdentityMind’s innovation leadership around the definition and use of digital identities for the protection of financial transactions.
The technology described within Patent No. 10,187,369 is already part of IdentityMind’s Platform and is offered: 1) as an independent service; 2) in conjunction with Know Your Customer (KYC) and online onboarding services, and 3) as part of real-time transaction monitoring for anti-money laundering (AML) and fraud. IdentityMind’s Sanctions Screening capabilities are currently in use by hundreds of companies worldwide.
“Sanctions and PEP (Politically Exposed People) Screening is a fundamental process in the fight against financing of terrorism, human trafficking, corruption, and fraud,” said Kieran Sherlock, CTO, IdentityMind. “Compliance teams spend a great deal of resources in dealing with the results of this process. Not doing proper sanctions and PEP screening can yield hefty fines from regulators, and worse, bad people can get through the financial system. The focus of our innovation is to help analysts more accurately detect potential bad actors. Our clients today experience a match rate between 0.7% and 1%, way below industry standards.”
Read more >> https://identitymindglobal.com/press-release/identitymind-new-patent-for-social-network-analysis-higher-accuracy-sanctions-pep-screening/
IdentityMind, Digital Identities You Can Trust, today announced that the U.S. Patent and Trademark Office (USPTO) has granted IdentityMind a patent for enhanced sanctions screening using digital identities and social media. The patent describes the integration of social networks and media analysis into IdentityMind’s core Electronic DNA™ Digital Identities technology as a way to improve the effectiveness of sanctions screening. This new patent continues to consolidate IdentityMind’s innovation leadership around the definition and use of digital identities for the protection of financial transactions.
The technology described within Patent No. 10,187,369 is already part of IdentityMind’s Platform and is offered: 1) as an independent service; 2) in conjunction with Know Your Customer (KYC) and online onboarding services, and 3) as part of real-time transaction monitoring for anti-money laundering (AML) and fraud. IdentityMind’s Sanctions Screening capabilities are currently in use by hundreds of companies worldwide.
“Sanctions and PEP (Politically Exposed People) Screening is a fundamental process in the fight against financing of terrorism, human trafficking, corruption, and fraud,” said Kieran Sherlock, CTO, IdentityMind. “Compliance teams spend a great deal of resources in dealing with the results of this process. Not doing proper sanctions and PEP screening can yield hefty fines from regulators, and worse, bad people can get through the financial system. The focus of our innovation is to help analysts more accurately detect potential bad actors. Our clients today experience a match rate between 0.7% and 1%, way below industry standards.”
Read more >> https://identitymindglobal.com/press-release/identitymind-new-patent-for-social-network-analysis-higher-accuracy-sanctions-pep-screening/
Thursday, July 18, 2019
Electronics Inventions Facing Patent Legal Adversity – Surprisingly Good News For Your Inventive Electronics!
By: Michael J Foycik Jr.
July 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.
You may already know the patent hurdles facing inventions related to electonics. Over the last few years, the federal appellate courts have sharply limited what is and is not a patentable electronic invention.
At one major example, the case In re Bilski limited electronics and software claims to those that require hardware. Here's a very short listing of objections that have recently been seen: mere data-gathering is not a sufficient role for the device; the device is not truly needed to execute the invention and merely carries out the steps; and the device employs transformative steps that require no particular machine. Those are major hurdles to overcome. Yet, there are more such hurdles.
But, that's actually very good news for inventors in electronics! With fewer patents, it is easier for a new one to dominate a valuable technical area. Or, if you have a late inventive entry into a field and worry that you may be too late, an absence of patents could allow you in. And, of course, your invention may be the one to prevail, if your attorney knows what to do.
Any why is any of the above good news? Simple – most of the problems are in how the invention is being claimed, not in the invention itself. Many times, the invention itself could well be patentable, if claimed correctly. If your patent attorney knows the case law, you could do well!
Read more >> http://internationalpatentservice.com/Electronics-Inventions-Facing-Patent-Legal-Adversity.html
July 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.
You may already know the patent hurdles facing inventions related to electonics. Over the last few years, the federal appellate courts have sharply limited what is and is not a patentable electronic invention.
At one major example, the case In re Bilski limited electronics and software claims to those that require hardware. Here's a very short listing of objections that have recently been seen: mere data-gathering is not a sufficient role for the device; the device is not truly needed to execute the invention and merely carries out the steps; and the device employs transformative steps that require no particular machine. Those are major hurdles to overcome. Yet, there are more such hurdles.
But, that's actually very good news for inventors in electronics! With fewer patents, it is easier for a new one to dominate a valuable technical area. Or, if you have a late inventive entry into a field and worry that you may be too late, an absence of patents could allow you in. And, of course, your invention may be the one to prevail, if your attorney knows what to do.
Any why is any of the above good news? Simple – most of the problems are in how the invention is being claimed, not in the invention itself. Many times, the invention itself could well be patentable, if claimed correctly. If your patent attorney knows the case law, you could do well!
Read more >> http://internationalpatentservice.com/Electronics-Inventions-Facing-Patent-Legal-Adversity.html
Wednesday, July 17, 2019
Why Intellectual Property protection is crucial for startups
By: Dinesh Jotwani
World Intellectual Property Day is celebrated on April 26 every year. It is celebrated to create awareness about the role played by intellectual property in encouraging innovationand creativity. The theme of World Intellectual Property Day in 2019 is Intellectual Property Rights and Olympic Sports. However, the purview of intellectual property extends far beyond sporting competitions. Intellectual Property Rights (IPRs) are crucial for businesses as they drive innovation resulting in the delivery of better services and products for consumers.
Recently, Chris Skidmore, Hon’ble Minister of Intellectual Property, United Kingdom, stated that intellectual property is key to the economic success of the United Kingdom. Indeed, protections of intellectual property instil competition in the industry to produce best products and services that benefits the society to grow.
Read more >> https://yourstory.com/2019/05/intellectual-property-protection-crucial-startups
World Intellectual Property Day is celebrated on April 26 every year. It is celebrated to create awareness about the role played by intellectual property in encouraging innovationand creativity. The theme of World Intellectual Property Day in 2019 is Intellectual Property Rights and Olympic Sports. However, the purview of intellectual property extends far beyond sporting competitions. Intellectual Property Rights (IPRs) are crucial for businesses as they drive innovation resulting in the delivery of better services and products for consumers.
Recently, Chris Skidmore, Hon’ble Minister of Intellectual Property, United Kingdom, stated that intellectual property is key to the economic success of the United Kingdom. Indeed, protections of intellectual property instil competition in the industry to produce best products and services that benefits the society to grow.
Read more >> https://yourstory.com/2019/05/intellectual-property-protection-crucial-startups
Tuesday, July 16, 2019
NDAs: Trick or Treat - Do They Help, and Should You Want One?
By: Michael J Foycik Jr.
July 17, 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.
If you're an inventor, you've probably seen an NDA (Non-Disclosure Agreement). Do NDAs really help? And, can NDAs be enforced? Is there anything tricky there? Good questions, and you might be surprised by the answers!
It would help to know that an NDA covers trade secrets. Yes, you want to show your invention to someone, and that invention is covered by a patent application. But, that means your invention is a trade secret (assuming you haven't already published it already). So, your invention can also be your trade secret.
If your invention is stolen (misappropriated), you would probably prefer tort damages, instead of contract damages or patent damages. Here's why: tort damages can be punitive in nature and can therefore be big even when the infraction is small. Contract damages tend to be limited to the provable amount of money lost (there are exceptions). Patent damages cover actual infringement situations, provide a percentage of the lost profits (as one example, and there are exceptions), and require an issued patent. Every case is different, and the above is just a rough guide – you'll need to talk with a lawyer for specific advice. Note that an NDA is a contract and often specifies the damages and the law to be applied.
Here's the tricky surprise for the unwary: An NDA on its face seems to be a way to switch from trade secret damages to contract damages. The inventor, i.e. the trade secret owner, may very well not be too happy about that. Companies that want to look at inventors' trade secrets probably should like NDAs, and that's just what we often see.
Does an NDA really take away trade secret rights? That's hard to tell exactly, as it may well depend on the specifics of the situation. One may well expect an uphill fight to get trade secret damages if an NDA is involved.
Read more >> http://internationalpatentservice.com/Trick-or-Treat.html
July 17, 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.
If you're an inventor, you've probably seen an NDA (Non-Disclosure Agreement). Do NDAs really help? And, can NDAs be enforced? Is there anything tricky there? Good questions, and you might be surprised by the answers!
It would help to know that an NDA covers trade secrets. Yes, you want to show your invention to someone, and that invention is covered by a patent application. But, that means your invention is a trade secret (assuming you haven't already published it already). So, your invention can also be your trade secret.
If your invention is stolen (misappropriated), you would probably prefer tort damages, instead of contract damages or patent damages. Here's why: tort damages can be punitive in nature and can therefore be big even when the infraction is small. Contract damages tend to be limited to the provable amount of money lost (there are exceptions). Patent damages cover actual infringement situations, provide a percentage of the lost profits (as one example, and there are exceptions), and require an issued patent. Every case is different, and the above is just a rough guide – you'll need to talk with a lawyer for specific advice. Note that an NDA is a contract and often specifies the damages and the law to be applied.
Here's the tricky surprise for the unwary: An NDA on its face seems to be a way to switch from trade secret damages to contract damages. The inventor, i.e. the trade secret owner, may very well not be too happy about that. Companies that want to look at inventors' trade secrets probably should like NDAs, and that's just what we often see.
Does an NDA really take away trade secret rights? That's hard to tell exactly, as it may well depend on the specifics of the situation. One may well expect an uphill fight to get trade secret damages if an NDA is involved.
Read more >> http://internationalpatentservice.com/Trick-or-Treat.html
Monday, July 15, 2019
Intellectual Property Business Advice For Startups
By: Shireen Smith
Before considering a budget for services such as Outsourcing, Trademark or Patents even, I’d like to give you some pointers based on my experience of advising startups of all types over the last 15 years.
Businesses tend to change radically in the early years so that a few years after starting up, many look nothing like their initial manifestation.
Sometimes this can be because as they get market feedback on their concepts their ideas develop and they pivot. Or it may be that new businesses don’t know what it is exactly that they do, and who they do it for. Even professionals, like lawyers and web designers, who you would think know pretty clearly what they do, struggle with this.
Startups, therefore, take time to find their feet.
For this reason, I would counsel against spending too much money on anything, be it design, legal fees, or otherwise. As the business gradually achieves clarity about the demand for its goods and services, and figures out which services will generate revenue, and responds to the market, its offering and niche will change.
Read more >> https://azrights.com/media/news-and-media/blog/2019/07/intellectual-property-business-advice-for-startups/
Before considering a budget for services such as Outsourcing, Trademark or Patents even, I’d like to give you some pointers based on my experience of advising startups of all types over the last 15 years.
Businesses tend to change radically in the early years so that a few years after starting up, many look nothing like their initial manifestation.
Sometimes this can be because as they get market feedback on their concepts their ideas develop and they pivot. Or it may be that new businesses don’t know what it is exactly that they do, and who they do it for. Even professionals, like lawyers and web designers, who you would think know pretty clearly what they do, struggle with this.
Startups, therefore, take time to find their feet.
For this reason, I would counsel against spending too much money on anything, be it design, legal fees, or otherwise. As the business gradually achieves clarity about the demand for its goods and services, and figures out which services will generate revenue, and responds to the market, its offering and niche will change.
Read more >> https://azrights.com/media/news-and-media/blog/2019/07/intellectual-property-business-advice-for-startups/
Sunday, July 14, 2019
Great Ways to Invent – Get Incredible Features In Your Invention
By: Michael J Foycik Jr.
July 15, 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 want your invention to become a really successful product. You want it to be patentable. But you're not sure how. No problem! Here is one of the best ways to do it.
You'll first want to find unusual new things – products or novelties in search of a use. You want really great things, the kind that will inspire your creativity: new electronics, new compounds, new physics, and novel compositions with unusual features.
Those things are easy to find in the patent category for toys and novelties, because that is the haven for inventions in search of utility. Why? Because of the US Patent requirement for utility: no utility, no patent. So, if your utility is unknown, yet the invention seems interesting in some way, the easiest utility is as a toy or amusement device.
But how can you see those things conveniently? That's so easy – use an online search by class/subclass using the patent office web site. At the US Patent Office site, do a search by Class/Subclass. For toys, the Class is 446. Subclasses are by topic, for example 446/15 is for toys with soap bubbles.
You can find a topic by an index search, or by a manual of classification search. The steps are as follows. Go to the US Patent Office official site (www.uspto.gov). Click patents, which brings up a listing. Click the third item down, Classification. The topic you'll want for an index (word) search is “search USPC index schedule and definitions”, and the topic for a classification search is on the right hand side about a fourth of the way down called “browse listing of USPC Class numbers and titles.”
Read more >> http://internationalpatentservice.com/Great-Ways-to-Invent-Get-Incredible-Features-In-Your-Invention.html
July 15, 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 want your invention to become a really successful product. You want it to be patentable. But you're not sure how. No problem! Here is one of the best ways to do it.
You'll first want to find unusual new things – products or novelties in search of a use. You want really great things, the kind that will inspire your creativity: new electronics, new compounds, new physics, and novel compositions with unusual features.
Those things are easy to find in the patent category for toys and novelties, because that is the haven for inventions in search of utility. Why? Because of the US Patent requirement for utility: no utility, no patent. So, if your utility is unknown, yet the invention seems interesting in some way, the easiest utility is as a toy or amusement device.
But how can you see those things conveniently? That's so easy – use an online search by class/subclass using the patent office web site. At the US Patent Office site, do a search by Class/Subclass. For toys, the Class is 446. Subclasses are by topic, for example 446/15 is for toys with soap bubbles.
You can find a topic by an index search, or by a manual of classification search. The steps are as follows. Go to the US Patent Office official site (www.uspto.gov). Click patents, which brings up a listing. Click the third item down, Classification. The topic you'll want for an index (word) search is “search USPC index schedule and definitions”, and the topic for a classification search is on the right hand side about a fourth of the way down called “browse listing of USPC Class numbers and titles.”
Read more >> http://internationalpatentservice.com/Great-Ways-to-Invent-Get-Incredible-Features-In-Your-Invention.html
Saturday, July 13, 2019
Young start-ups learn grown-up reality
By: Kevin Livingston
If there is one constant with technology start-ups, it is failure.
The concept of “serial entrepreneurs” and the mantra of “fail fast, fail often” are embedded in the startup culture of Silicon Valley and slowly taking hold here. It was even a theme at the June 9 SmartStart awards, a nine-month innovator program for budding tech entrepreneurs.
Speaking at the event, even National Bank of Cambodia Director-General Chea Serey emphasised risk-taking in reference to some of the biggest US tech companies that were founded by people who dropped out of college. “If you have a dream, follow it,” she told the SmartStart group. “I encourage you to take more risk. You are going to fail but you are going to learn.”
While most behind the push for more tech start-ups in Cambodia agree that it is sound advice, what often goes missing legal experts say, is the idea of being legally prepared to crash so you can get back up. Start-ups, they say, also need to know how to attract investors and that requires having their legal house in order.
Read more >> https://capitalcambodia.com/young-start-ups-learn-grown-up-reality/
If there is one constant with technology start-ups, it is failure.
The concept of “serial entrepreneurs” and the mantra of “fail fast, fail often” are embedded in the startup culture of Silicon Valley and slowly taking hold here. It was even a theme at the June 9 SmartStart awards, a nine-month innovator program for budding tech entrepreneurs.
Speaking at the event, even National Bank of Cambodia Director-General Chea Serey emphasised risk-taking in reference to some of the biggest US tech companies that were founded by people who dropped out of college. “If you have a dream, follow it,” she told the SmartStart group. “I encourage you to take more risk. You are going to fail but you are going to learn.”
While most behind the push for more tech start-ups in Cambodia agree that it is sound advice, what often goes missing legal experts say, is the idea of being legally prepared to crash so you can get back up. Start-ups, they say, also need to know how to attract investors and that requires having their legal house in order.
Read more >> https://capitalcambodia.com/young-start-ups-learn-grown-up-reality/
Wednesday, July 10, 2019
Costly Misconceptions About NDA's (Non-Disclosure Agreements)
By: Michael J Foycik Jr.
July 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.
You (the owner) has an invention, a business idea, or a trade secret. To develop your invention, start a business, or talk with investors, you'll need to share information with these recipients, and you'll want protection before showing them anything. Many think an NDA (Non-Disclosure Agreement) will solve this problem, but there are major pitfalls to avoid. And, an NDA might not be the best solution anyway.
The biggest misconception, in my view: an NDA is intended to protect and help the owner of the invention, business idea, or trade secret. An NDA is much more likely to protect the recipient of the information, and not the owner. Let's see why that may be true.
Many NDA's provide for arbitration as a remedy rather than litigation, but that only benefits the richer party. Why? A court action can be filed for free or at very low cost, but an arbitration usually requires the payment of substantial fees up front, and more fees at later stages. When the recipient is a relatively substantial corporation or business, such fees may seem small, but to an individual or small businessperson such fees may be too great and they cannot enforce the NDA.
Normally, large companies fear litigation, and that is incentive for them to keep honest.
Another misconception: all NDA's are alike. Not at all. Each has to be studied in detail, because
many NDA's have fine print that lets the recipient off the hook. I have reviewed many NDA's over the years, and have found serious flaws in most of them: the legalese unbinds the recipient one way or another. Some unbind the recipient after a period of time, while others grant rights to the recipient. Some are written to be so confusing that they defy interpretation.
Read more >> http://internationalpatentservice.com/Costly-Misconceptions-About-NDA.html
July 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.
You (the owner) has an invention, a business idea, or a trade secret. To develop your invention, start a business, or talk with investors, you'll need to share information with these recipients, and you'll want protection before showing them anything. Many think an NDA (Non-Disclosure Agreement) will solve this problem, but there are major pitfalls to avoid. And, an NDA might not be the best solution anyway.
The biggest misconception, in my view: an NDA is intended to protect and help the owner of the invention, business idea, or trade secret. An NDA is much more likely to protect the recipient of the information, and not the owner. Let's see why that may be true.
Many NDA's provide for arbitration as a remedy rather than litigation, but that only benefits the richer party. Why? A court action can be filed for free or at very low cost, but an arbitration usually requires the payment of substantial fees up front, and more fees at later stages. When the recipient is a relatively substantial corporation or business, such fees may seem small, but to an individual or small businessperson such fees may be too great and they cannot enforce the NDA.
Normally, large companies fear litigation, and that is incentive for them to keep honest.
Another misconception: all NDA's are alike. Not at all. Each has to be studied in detail, because
many NDA's have fine print that lets the recipient off the hook. I have reviewed many NDA's over the years, and have found serious flaws in most of them: the legalese unbinds the recipient one way or another. Some unbind the recipient after a period of time, while others grant rights to the recipient. Some are written to be so confusing that they defy interpretation.
Read more >> http://internationalpatentservice.com/Costly-Misconceptions-About-NDA.html
Tuesday, July 9, 2019
Wired world: Missouri-based startup pioneers’ software technology keeps other businesses growing and innovating
By: David Baugher
Technology is everywhere, and it often seems as though every entrepreneur wants to incorporate the latest gadget, platform or app into their operations. But finding the best ways to employ all of this modern-day wizardry to benefit their own operations remains a tricky challenge for many startups.
A lot of companies offer solutions, but which ones are really bending the tech curve and providing a true revolution in the way enterprises manage the daily grind?
Consider these examples of industry pioneers right in our own backyard. The Show-Me-State has proven to be fertile ground for entrepreneurs with simple ideas and big dreams about how to use technology in new, innovative ways. These Missouri companies are using advancements in software technology to revolutionize the thinking on how establishments negotiate the workday.
From collecting employee feedback to finding out customer preferences to smoothing patent applications with big data, these are the folks finding disruptive or unique ways to make the wired world work for businesses, here and beyond.
Bonfyre
Like a lot of people, Rob Seay enjoys coming to work. Unlike a lot of people, his job is to help make sure others enjoy it, too.
“Our main focus and our vision that we developed within this organization was really to try and help create this world where everyone loves their job,” said Seay, director of employee experience at Bonfyre, a Missouri company that’s changing the way employers manage communications among workers.
An earlier incarnation of the company created in 2012 by Chris Dornfeld and Mark Sawyier — who remains as CEO — centered on helping to deal with meetings and events. But soon the St. Louis startup saw its mission expanding.
Read more >> https://molawyersmedia.com/startup-mo/wired-world-missouri-based-startup-pioneers-software-technology-keeps-other-businesses-growing-and-innovating/
Technology is everywhere, and it often seems as though every entrepreneur wants to incorporate the latest gadget, platform or app into their operations. But finding the best ways to employ all of this modern-day wizardry to benefit their own operations remains a tricky challenge for many startups.
A lot of companies offer solutions, but which ones are really bending the tech curve and providing a true revolution in the way enterprises manage the daily grind?
Consider these examples of industry pioneers right in our own backyard. The Show-Me-State has proven to be fertile ground for entrepreneurs with simple ideas and big dreams about how to use technology in new, innovative ways. These Missouri companies are using advancements in software technology to revolutionize the thinking on how establishments negotiate the workday.
From collecting employee feedback to finding out customer preferences to smoothing patent applications with big data, these are the folks finding disruptive or unique ways to make the wired world work for businesses, here and beyond.
Bonfyre
Like a lot of people, Rob Seay enjoys coming to work. Unlike a lot of people, his job is to help make sure others enjoy it, too.
“Our main focus and our vision that we developed within this organization was really to try and help create this world where everyone loves their job,” said Seay, director of employee experience at Bonfyre, a Missouri company that’s changing the way employers manage communications among workers.
An earlier incarnation of the company created in 2012 by Chris Dornfeld and Mark Sawyier — who remains as CEO — centered on helping to deal with meetings and events. But soon the St. Louis startup saw its mission expanding.
Read more >> https://molawyersmedia.com/startup-mo/wired-world-missouri-based-startup-pioneers-software-technology-keeps-other-businesses-growing-and-innovating/
Monday, July 8, 2019
Patent Assignments - What Inventors Should Know
By: Michael J Foycik Jr.
July 9, 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.
If you're an inventor who is considering signing an Assignment of a patent or patent application, there are a few things you may want to know. Most questions concern the language of the Assignment itself, namely the promise to assign future improvements and to sign new patent applications related to the invention.
The typical Assignment includes language assigning the invention to the new owner (called the Assignee). That new owner is usually either an employer or someone who wishes to purchase the rights to the invention. For that new owner, some of the value of the invention may reside in the ability to file more patent applications, to make a family of products.
For example, let's say the invention is a big success; the new owner will surely want to file more patent applications for any likely variations that a competitor might try. And, let's say the original inventor has moved on to a new company or a new business. How much of a burden will be on that inventor, under the terms of the typical Assignment? And, what about new inventions the inventor later makes – will those need to be assigned to the new owner under the terms of the original Assignment?
The key to answering the above and other questions is in understanding the legal meaning of the term “invention” in the original Assignment. The term “invention” must necessarily refer to the invention as shown and described in the patent application, and to any “obvious” variations. Because the courts generally define the word “invention” in this manner, it would appear that the inventor's future obligations should not be overly burdensome.
For minor variations, the inventor will very likely have to sign future patent applications under the terms of the original Assignment. What are minor variations? Court decisions have enumerated those that most often occur, such as size, shape, color, obvious extra features, and the like.
Read more >> http://internationalpatentservice.com/Patent-Assignments-What-Inventors-Should-Know.html
July 9, 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.
If you're an inventor who is considering signing an Assignment of a patent or patent application, there are a few things you may want to know. Most questions concern the language of the Assignment itself, namely the promise to assign future improvements and to sign new patent applications related to the invention.
The typical Assignment includes language assigning the invention to the new owner (called the Assignee). That new owner is usually either an employer or someone who wishes to purchase the rights to the invention. For that new owner, some of the value of the invention may reside in the ability to file more patent applications, to make a family of products.
For example, let's say the invention is a big success; the new owner will surely want to file more patent applications for any likely variations that a competitor might try. And, let's say the original inventor has moved on to a new company or a new business. How much of a burden will be on that inventor, under the terms of the typical Assignment? And, what about new inventions the inventor later makes – will those need to be assigned to the new owner under the terms of the original Assignment?
The key to answering the above and other questions is in understanding the legal meaning of the term “invention” in the original Assignment. The term “invention” must necessarily refer to the invention as shown and described in the patent application, and to any “obvious” variations. Because the courts generally define the word “invention” in this manner, it would appear that the inventor's future obligations should not be overly burdensome.
For minor variations, the inventor will very likely have to sign future patent applications under the terms of the original Assignment. What are minor variations? Court decisions have enumerated those that most often occur, such as size, shape, color, obvious extra features, and the like.
Read more >> http://internationalpatentservice.com/Patent-Assignments-What-Inventors-Should-Know.html
Sunday, July 7, 2019
Intellectual Property Business Advice For Startups
By: Shireen Smith
Before considering a budget for services such as Outsourcing, Trademark or Patents even, I’d like to give you some pointers based on my experience of advising startups of all types over the last 15 years.
Businesses tend to change radically in the early years so that a few years after starting up, many look nothing like their initial manifestation.
Sometimes this can be because as they get market feedback on their concepts their ideas develop and they pivot. Or it may be that new businesses don’t know what it is exactly that they do, and who they do it for. Even professionals, like lawyers and web designers, who you would think know pretty clearly what they do, struggle with this.
Startups, therefore, take time to find their feet.
For this reason, I would counsel against spending too much money on anything, be it design, legal fees, or otherwise. As the business gradually achieves clarity about the demand for its goods and services, and figures out which services will generate revenue, and responds to the market, its offering and niche will change.
Early phase legal work
Early phase legal work can therefore often be of temporary benefit only.
Yet what happens in practice when a start up chooses lawyers is that a price is set for the various documents or services the lawyer considers the business needs. This might include a trade mark, terms of business, a website development agreement, documentation for the website, and anything else that is particularly appropriate for a given type of business.
The value a good lawyer can offer to startups goes far beyond the provision of documentation or a particular legal service.
It may be that you could save by using templates and do your own drafting to implement the necessary documents for your business.
Read more >> https://azrights.com/media/news-and-media/blog/2019/07/intellectual-property-business-advice-for-startups/
Before considering a budget for services such as Outsourcing, Trademark or Patents even, I’d like to give you some pointers based on my experience of advising startups of all types over the last 15 years.
Businesses tend to change radically in the early years so that a few years after starting up, many look nothing like their initial manifestation.
Sometimes this can be because as they get market feedback on their concepts their ideas develop and they pivot. Or it may be that new businesses don’t know what it is exactly that they do, and who they do it for. Even professionals, like lawyers and web designers, who you would think know pretty clearly what they do, struggle with this.
Startups, therefore, take time to find their feet.
For this reason, I would counsel against spending too much money on anything, be it design, legal fees, or otherwise. As the business gradually achieves clarity about the demand for its goods and services, and figures out which services will generate revenue, and responds to the market, its offering and niche will change.
Early phase legal work
Early phase legal work can therefore often be of temporary benefit only.
Yet what happens in practice when a start up chooses lawyers is that a price is set for the various documents or services the lawyer considers the business needs. This might include a trade mark, terms of business, a website development agreement, documentation for the website, and anything else that is particularly appropriate for a given type of business.
The value a good lawyer can offer to startups goes far beyond the provision of documentation or a particular legal service.
It may be that you could save by using templates and do your own drafting to implement the necessary documents for your business.
Read more >> https://azrights.com/media/news-and-media/blog/2019/07/intellectual-property-business-advice-for-startups/
Saturday, July 6, 2019
Get a Patent, Sue Competitors – Can it Really be that Easy?
By: Michael J Foycik Jr.
July 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.
True, a patent confers a sort of monopoly. Also true, one of the intentions of patent law is to reward an inventor with a competitive advantage. But, exactly what does that mean, and is it that easy?
Patent rights are defined by their claims. A competitor infringes a patent if their competing product has each and every recited element of at least one claim of the patent. That competing product will still infringe if it has more elements, but not if it has fewer than recited in that claim. Sometimes, an element in a patent claim can be stretched a bit by a court of law, to cover equivalent structures. So far, so good.
But, there are defenses to allegations of patent infringement. For example, the competitor might be able to show their product is the same as that shown by an expired patent. So, expired patents can provide protection to your competitor, since once a patent expires it becomes part of the public domain. Other defenses may also arise from a competitor's own prior patent. Or, the competitor may be able to invalidate your patent, for example based on other prior art or issues of fraud. Just owning a patent might not be enough in these cases.
Let's say your competitor does infringe, has no valid defenses, and cannot invalidate your patent. Great, right? Not so fast – patent litigation costs real money, sometimes big money, so if you sue it has to be worth it. Small time infringement would likely result in very small damages, and your litigation costs could easily exceed the damages you recover. It may pay to wait until damages have mounted, or it may be necessary to simply overlook small or token infringements.
Read more >> http://internationalpatentservice.com/Get-a-Patent-Sue-Competitors.html
July 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.
True, a patent confers a sort of monopoly. Also true, one of the intentions of patent law is to reward an inventor with a competitive advantage. But, exactly what does that mean, and is it that easy?
Patent rights are defined by their claims. A competitor infringes a patent if their competing product has each and every recited element of at least one claim of the patent. That competing product will still infringe if it has more elements, but not if it has fewer than recited in that claim. Sometimes, an element in a patent claim can be stretched a bit by a court of law, to cover equivalent structures. So far, so good.
But, there are defenses to allegations of patent infringement. For example, the competitor might be able to show their product is the same as that shown by an expired patent. So, expired patents can provide protection to your competitor, since once a patent expires it becomes part of the public domain. Other defenses may also arise from a competitor's own prior patent. Or, the competitor may be able to invalidate your patent, for example based on other prior art or issues of fraud. Just owning a patent might not be enough in these cases.
Let's say your competitor does infringe, has no valid defenses, and cannot invalidate your patent. Great, right? Not so fast – patent litigation costs real money, sometimes big money, so if you sue it has to be worth it. Small time infringement would likely result in very small damages, and your litigation costs could easily exceed the damages you recover. It may pay to wait until damages have mounted, or it may be necessary to simply overlook small or token infringements.
Read more >> http://internationalpatentservice.com/Get-a-Patent-Sue-Competitors.html
Thursday, July 4, 2019
Apple acquires asthma monitoring startup Tueo Health
By: Dave Muoio
This month’s news that Apple had picked up the patent rights for a passive health monitoring system from startup Tueo Health does not appear to the only business occurring between the two companies. On Friday, CNBC reported that the consumer tech company had also outright acquired the small respiratory health company for an undisclosed sum.
Tueo Health’s website was pulled down at some point late last year, and now displays a “Domain Not Claimed” message from website hosting service Squarespace. CNBC also notes that Bronwyn Harris, CEO and cofounder, and Anura Patil, COO, both updated their LinkedIn profiles late last year to name Apple as their current employer.
These signs would point to a closing sometime during the latter months of 2018, although its exact timing and purchase price have not been made available.
MobiHealthNews has reached out to Apple for further comment and will update this story with any response. The company declined CNBC’s request for comment.
Founded in 2015, Tueo Health pitched a digital tool that helps parents monitor the symptoms, environment and treatment of their asthmatic children. According to an archived version of its webpage, the company’s approach involved an app paired with a sensor that can collect relevant data, alert users of sudden changes in condition and facilitate a consultation with a live “Tueo Health asthma educator.” The startup raised $1.1 million in seed funding back in 2017 when it was enrolled in the Launchpad Digital Health accelerator program.
Read more >> https://www.mobihealthnews.com/content/north-america/apple-acquires-asthma-monitoring-startup-tueo-health
This month’s news that Apple had picked up the patent rights for a passive health monitoring system from startup Tueo Health does not appear to the only business occurring between the two companies. On Friday, CNBC reported that the consumer tech company had also outright acquired the small respiratory health company for an undisclosed sum.
Tueo Health’s website was pulled down at some point late last year, and now displays a “Domain Not Claimed” message from website hosting service Squarespace. CNBC also notes that Bronwyn Harris, CEO and cofounder, and Anura Patil, COO, both updated their LinkedIn profiles late last year to name Apple as their current employer.
These signs would point to a closing sometime during the latter months of 2018, although its exact timing and purchase price have not been made available.
MobiHealthNews has reached out to Apple for further comment and will update this story with any response. The company declined CNBC’s request for comment.
Founded in 2015, Tueo Health pitched a digital tool that helps parents monitor the symptoms, environment and treatment of their asthmatic children. According to an archived version of its webpage, the company’s approach involved an app paired with a sensor that can collect relevant data, alert users of sudden changes in condition and facilitate a consultation with a live “Tueo Health asthma educator.” The startup raised $1.1 million in seed funding back in 2017 when it was enrolled in the Launchpad Digital Health accelerator program.
Read more >> https://www.mobihealthnews.com/content/north-america/apple-acquires-asthma-monitoring-startup-tueo-health
Wednesday, July 3, 2019
Trademark Application Tips, and Some Ways to Avoid Pitfalls
By: Michael J Foycik Jr.
July 4, 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.
Filing a trademark application? That may seem easy, but mistakes can be costly later, during the examination phase. Here are a few helpful tips, and a few pitfalls to avoid.
After a trademark application is filed, the U.S. Trademark Office conducts an examination of the application. For example, if there is both an objection and a refusal to register the mark, then a response will be necessary to meet the objection and to overcome the refusal to register. This happens frequently, and an experienced trademark attorney will likely know just what to do when writing the response.
In my experience, it pays to respond to every office action. Many issues are within the range of discretion of the trademark examining attorney, and good legal arguments in support of the trademark may well be persuasive. Some firms charge substantial sums of money to prepare responses, and other firms might charge much less - therefore it may pay to shop around.
A helpful tip: before filing a trademark application, find a cost effective trademark attorney. It is wise to assume things may not always go smoothly or quickly.
Another tip: select the best type of trademark application. There are two types: intent-to-use applications, and actual use applications. Both cost the same to file. The intent-to-use application can be filed long before actual use occurs, but there is a later government fee when completing the intent-to-use application. The trade off is that completing the intent-to-use application requires a statement of use or allegation of use, together with a specimen of use and an additional government fee. If an actual use application can be filed based on actual use in interstate commerce, then it will save money to do so.
Read more >> http://internationalpatentservice.com/Trademark-Application-Tips-and-Some-Ways-to-Avoid-Pitfalls.html
July 4, 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.
Filing a trademark application? That may seem easy, but mistakes can be costly later, during the examination phase. Here are a few helpful tips, and a few pitfalls to avoid.
After a trademark application is filed, the U.S. Trademark Office conducts an examination of the application. For example, if there is both an objection and a refusal to register the mark, then a response will be necessary to meet the objection and to overcome the refusal to register. This happens frequently, and an experienced trademark attorney will likely know just what to do when writing the response.
In my experience, it pays to respond to every office action. Many issues are within the range of discretion of the trademark examining attorney, and good legal arguments in support of the trademark may well be persuasive. Some firms charge substantial sums of money to prepare responses, and other firms might charge much less - therefore it may pay to shop around.
A helpful tip: before filing a trademark application, find a cost effective trademark attorney. It is wise to assume things may not always go smoothly or quickly.
Another tip: select the best type of trademark application. There are two types: intent-to-use applications, and actual use applications. Both cost the same to file. The intent-to-use application can be filed long before actual use occurs, but there is a later government fee when completing the intent-to-use application. The trade off is that completing the intent-to-use application requires a statement of use or allegation of use, together with a specimen of use and an additional government fee. If an actual use application can be filed based on actual use in interstate commerce, then it will save money to do so.
Read more >> http://internationalpatentservice.com/Trademark-Application-Tips-and-Some-Ways-to-Avoid-Pitfalls.html
Tuesday, July 2, 2019
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:
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/
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:
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/
Monday, July 1, 2019
Startup Companies and Trademarks, an Attorney's View
By: Michael J Foycik Jr.
July 2, 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.
An important decision facing new startup companies is what to do about trademarks. The question is, should they apply for a federal trademark registration. The answer to that depends very much on the goals for the startup.
If the goal of the owner of the startup company is to succed and then sell at a profit, then a federal trademark is essential. Think about it from the perspective of a buyer: without a trademark, that buyer cannot get the goodwill of the startup company. That goodwill includes such things as name recognition by customers, and loyalty all those dealing with the existing company. But, without official trademark rights, the buyer may not have exclusive rights to the use of the trademark, and imitators could flourish.
Some startups need investors, and investors are more comfortable when they see rights owned by the startup. After all, what are they investing in, if not intellectual property rights of some kind? Those rights commonly are from a good trade name or trademark. Other such IP rights can include trade secrets, patents, or copyrights.
A registered trademark is also a good way to lessen the possibility of trademark litigation. And, it is a way to prevent others from copying the business.
Read more >> http://internationalpatentservice.com/Startup-Companies-and-Trademarks-an-Attorney-View.html
July 2, 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.
An important decision facing new startup companies is what to do about trademarks. The question is, should they apply for a federal trademark registration. The answer to that depends very much on the goals for the startup.
If the goal of the owner of the startup company is to succed and then sell at a profit, then a federal trademark is essential. Think about it from the perspective of a buyer: without a trademark, that buyer cannot get the goodwill of the startup company. That goodwill includes such things as name recognition by customers, and loyalty all those dealing with the existing company. But, without official trademark rights, the buyer may not have exclusive rights to the use of the trademark, and imitators could flourish.
Some startups need investors, and investors are more comfortable when they see rights owned by the startup. After all, what are they investing in, if not intellectual property rights of some kind? Those rights commonly are from a good trade name or trademark. Other such IP rights can include trade secrets, patents, or copyrights.
A registered trademark is also a good way to lessen the possibility of trademark litigation. And, it is a way to prevent others from copying the business.
Read more >> http://internationalpatentservice.com/Startup-Companies-and-Trademarks-an-Attorney-View.html
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