Thursday, August 29, 2019

Security Interests in Intellectual Property

By: John F. Hornick

I. Introduction 

Intellectual property owners seeking loans may find that their most valuable property for use as collateral is their trademarks, copyrights, or patents. In fact, a bank that provides capital or credit to an I.P. owner will most likely require that the I.P. owner’s intellectual property assets be pledged as collateral. Most banks will insist on obtaining a security interest in the I.P. owner’s trademarks, copyrights, and patents using a security agreement that greatly favors the bank and may severely restrict the I.P. owner’s ability to alienate any of its intellectual property assets in the normal course of business.

For a lender to obtain priority over other parties who might have interests in the I.P. owner’s trademarks, copyrights, and patents, the lender must perfect its interest in the intellectual property. One perfects a security interest by filing the right documents in the right place. The perfection of security interests generally is governed by the Uniform Commercial Code (U.C.C.) as adopted by the states. However, the ownership of trademarks, copyrights, and patents generally is governed by federal law. As a result, uncertainty has arisen as to which body of law—federal or state—governs the perfection of security interests in trademarks, copyrights, and patents. This article first examines the two bodies of law and then recommends procedures and considerations for perfecting security interests in intellectual property and drafting security agreements.

II. Rights and Requirements Under the U.C.C.

The Uniform Commercial Code is a cohesive body of law governing commercial transactions. The U.C.C. has been enacted as law by all of the states except Louisiana, as well as by the District of Columbia. However, Louisiana has enacted selected provisions of the U.C.C., including Article 9, which is the focus of this article.1

Read more >> https://www.finnegan.com/en/insights/security-interests-in-intellectual-property.html

Tuesday, August 27, 2019

Claims In A Patent Application - What You Should Know

By: Michael J Foycik Jr.
August 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.

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

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

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

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

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

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

Monday, August 26, 2019

How to Trademark a Logo

By: Xavier Morales, Esq.

One of the common questions I get from potential clients revolves around how to trademark a logo. When a small business is launching, taking the time to ensure your logo doesn’t infringe on someone else’s trademark is an important step.

How important is it for a business owner to trademark their logo? Consider the case of Coca-Cola, one of the most visible brands in the world. Sold in over 200 countries, Coca-Cola is such a successful company that it can survive almost anything.

If you were to burn down half of its manufacturing plants, the company would still be able to rebuild and recoup. If Coca-Cola somehow ran into a severe cash drain, most banks would willingly issue out loans based on the company’s identity.

The one thing the company would struggle to recover from is the loss of its brand. If Coca-Cola lost its trademark registration for the brand, it would become just another nameless soft drink company in a sea of options. It’s likely that the company would begin to suffer shortly after that. Coca-Cola as a company might have an annual revenue of nearly $50 billion, but the brand—an intangible asset—is worth a lot more.

Read more >> https://secureyourtrademark.com/blog/how-to-trademark-a-logo/

Saturday, August 24, 2019

Responding to Restriction and Election Requirements in Patent Applications

By: Michael J Foycik Jr.
August 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.

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

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

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

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

Wednesday, August 21, 2019

IP strategy: How should startups decide whether to file patents

By: Bryant Lee, Ed Steakley & Saleh Kaihani

Deciding what to patent can be a confusing process but by creating a formal process it is something that every startup can manage.

Intellectual property (IP) is one of the most valuable assets of a startup and patents are often chief among IP in terms of value. Patents allow the startup to prevent competitors from using their technology, which is a powerful feature that can grant unique advantages in the marketplace.

From a business perspective, patents can help with driving investment and acquisitions, provide protection during partnerships and business deals, and help defend itself against patent lawsuits by others.

However, startups also often have a hard time determining when and what to patent. Innovative startups are inventing new things on a regular basis, and there is a danger of slipping into a haphazard approach of patenting whatever happens to be available rather than systematically analyzing the business needs of the company and protecting the IP that moves the needle the most.

Read more >> https://techcrunch.com/2019/07/03/ip-strategy-how-should-startups-decide-whether-to-file-patents/

Sunday, August 18, 2019

What Is Patentable?

By: Michael J Foycik Jr.
August 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.

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

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

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

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

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

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

Tuesday, August 13, 2019

How to Increase Startup Valuation by Leveraging Intellectual Property

By: Andrew Rapacke

By definition, a startup is a company with big ideas and a small budget.  The goal of a startup is to show prospective investors that, with the right funding, the company could implement the startup founders’ ideas on a large scale.  If you are part of a startup and go around pitching your ideas to potential investors, it is natural to worry that someone with a bigger budget will take your idea for a product and use their capital to produce it, thus excluding you from what you created.  Intellectual property protections, including patents, are an important way to protect your ideas from being stolen by companies with deeper pockets.  An intellectual property lawyer for startups can help you implement a patent strategy that serves the best interests of your startup, whether it involves getting provisional patents for your inventions, buying patents for existing technologies, or both.

Provisional Patents Are a Startup’s Best Friend

A provisional patent gives you the right to say, truthfully, that your invention is “patent pending.”  This means that, even if you are still working on developing the product, you have some protection for it in the form of intellectual property.  Provisional patents differ from other patents in that they last only one year.  Therefore, the process of getting a provisional patent is a lot faster than getting other kinds of patents, and they are much less expensive.  The next year, when you have continued to modify your invention, you can apply for a new provisional patent.  This way, when you pitch your idea to prospective investors, the most up-to-date version of your invention will still have provisional patent protection.

Read more >> https://arapackelaw.com/startups/how-to-increase-startup-valuation-by-leveraging-intellectual-property/

Sunday, August 11, 2019

New Lower Official Patent Fees Coming January 1, 2014 - Great News For Inventors

By: Michael J Foycik Jr.
August 12, 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.

Finally some very good news for inventors about government patent fees. Some of the new lower fees have been put into place. Other impressive fee reductions are on the way. 

The micro entity fee schedule has already been implemented. For example, filing a new Utility patent application costs as low as $400. A Provisional Patent Application, or PPA, costs as little as $65. The previous fees, in effect earlier this year, were much higher. 

Other fee reductions are even more impressive, and are scheduled to go into effect beginning on January 1, 2014. These include the Utility patent issue fee, reduced from the small entity fee of $980 currently to just $480 (small entity) or $240 (micro entity).

Read more >> http://internationalpatentservice.com/Great-News-For-Inventors.html

Thursday, August 8, 2019

How To Avoid Patent Infringement When Promoting A Brand

By: William Ross

Intellectual property or IP refers to any intangible work, idea, or invention produced by the human intellect, to which one can claim specific rights and property, for which one can apply for copyright, patent, or trademark rights and protection. Intellectual property is usually not the first thing to come in an entrepreneur’s mind when, in fact, it should be one of the most looked after and protected elements in a company.

Intellectual properties come in different types, and here are some examples:

> articles 
> images 
> blog posts
> videos 
> illustrations 
> audio clips
> taglines 
> slogans 
> symbols
> inventions 
> softwares and programs
> work processes
> case studies

These are only a few from the many other valued intellectual properties around the world. Nowadays, businesses of any kind view intellectual property as something highly valuable in their business. If anything, IPs are now seen as one of the most significant assets in a company. Despite its intangibility, intellectual properties can still guarantee an increased profit and greater success than any tangible asset can. That is why it’s crucial for organizations to register intellectual properties for rights, security, and protection to ensure that profit gained out of these ideas and creation are solely for the creator or the company alone.

Read more >> https://rizzarr.com/how-to-avoid-patent-infringement-when-promoting-a-brand/

Tuesday, August 6, 2019

Worry - Free Foreign Patent Rights - Things You Should Know

By: Michael J Foycik Jr.
August 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.

Foreign filing – it may be one of the biggest choices facing anyone with an invention or a pending patent application. What if your invention is so successful that foreign copying becomes a problem? Here are some things you should know.

First, the right to file in foreign countries – that is, foreign priority rights – can be valuable. And not just to you, but to anyone wanting to purchase/license those rights. 

Second, foreign filing is expensive. It is so expensive, many companies have to target selected countries. It would be best to file for patent protection in countries where the product is doing well. 

Third, there's a way to delay your foreign filing. A US utility patent application provides a one year grace period for PCT filing (Patent Cooperation Treaty filing) as well as in most countries. 

Fourth, a PCT application provides typically 30 to 32 months additional time in which to designate individual countries. Thus, the PCT application is very useful even though by itself it cannot confer specific patent rights in specific countries. 

Read more >> http://internationalpatentservice.com/Worry-Free-Foreign-Patent-Rights.html

Monday, August 5, 2019

Security Interests in Intellectual Property

By: John F. Hornick

>  Introduction 

Intellectual property owners seeking loans may find that their most valuable property for use as collateral is their trademarks, copyrights, or patents. In fact, a bank that provides capital or credit to an I.P. owner will most likely require that the I.P. owner’s intellectual property assets be pledged as collateral. Most banks will insist on obtaining a security interest in the I.P. owner’s trademarks, copyrights, and patents using a security agreement that greatly favors the bank and may severely restrict the I.P. owner’s ability to alienate any of its intellectual property assets in the normal course of business.

For a lender to obtain priority over other parties who might have interests in the I.P. owner’s trademarks, copyrights, and patents, the lender must perfect its interest in the intellectual property. One perfects a security interest by filing the right documents in the right place. The perfection of security interests generally is governed by the Uniform Commercial Code (U.C.C.) as adopted by the states. However, the ownership of trademarks, copyrights, and patents generally is governed by federal law. As a result, uncertainty has arisen as to which body of law—federal or state—governs the perfection of security interests in trademarks, copyrights, and patents. This article first examines the two bodies of law and then recommends procedures and considerations for perfecting security interests in intellectual property and drafting security agreements.

Read more >> https://www.finnegan.com/en/insights/security-interests-in-intellectual-property.html

Saturday, August 3, 2019

New Technologies Worth Investing In

By: Michael J Foycik Jr.
August 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.

You want to find the hot new technologies, and invest in them.  Smart! 

When a techology gets “old” there are too many companies in it, driving down profits.  And, people get tired of new product announcements in old technologies.  For example, when was the last time you got excited about an ad for tires?  Yet there was a time when many people would get excited about such an ad.

So, what's hot?  What has an open field ahead of it?  What has room for growth?  It really is possible to answer those questions, if you know how.  Here are a few tips.

First tip: find a field that has not been updated lately.  If it is in the news every day, though, chances are it is very updated.  For example, solar power is updated.  Cell phones too, and cameras, and televisions sets. 

So what hasn't been updated?  What has a real future?  Easy! 

Tip one: look at change.  For example, natural gas has dropped in price, and vast reserves have been discovered.  This means a sharp downward trend in natural gas prices.  What products will benefit?  We know that natural gas is even safe in the home, so anything goes.  Good fields for investment therefore will be anything that uses natural gas, yet hasn't been widely sold and has few competitors in the field.  If only we could discover what those products are!

It turns out that we CAN find those products.  Specifically, you CAN find what new things use natural gas, which companies are making them, and many other worthwhile details.  Here's how, so keep reading.

Read more >> http://internationalpatentservice.com/New-Technologies-Worth-Investing-In.html

Thursday, August 1, 2019

A Guide to IP Law for Startups – The Skinny

By: Torry Mastery

Entrepreneurship isn’t easy, especially when your business is still at the startup level. Profit margins tend to be razor thin at best, workdays are far longer than a typical 9-5 and there’s still a lot of risk and uncertainty.

That said, it’s important to also remember intellectual property (IP) law throughout your business’s lifespan, especially as a fresh startup.

It can take years to really learn every last detail about IP law, though, so it’s best to just know the basics that are critical to keeping your intellectual property safe.

Here is a guide to IP law for startups and entrepreneurs to help you feel more prepared to protect your original ideas.

4 Areas of IP Law

To understand how IP law is able to cover so many different types of original ideas and creations, you should first know the four main areas it is broken into: trademarks, copyrights, patents and trade secrets.

Trademarks protect branding. This could be the name of your business, a logo, a unique slogan or really anything else that signifies your brand and helps consumers recognize you and your product when making their decision.

Read more >> https://www.dotcommagazine.com/2019/07/a-guide-to-ip-law-for-startups-the-skinny/