By: Michael J Foycik Jr.
January 1, 2020
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Many inventors have profited from selling their patents. So how much do they get? The answers are surprising, or at least they surprised me.
Having talked with many inventors, and also having talked with many corporate patent departments, I've heard many examples. Let me give you a few general examples, based on published accounts and interviews with public speakers.
Assuming the inventor has an issued patent for an article and has sold that article through at least one retail store, there will almost certainly be corporate interest. Vendors often report new products they see when visiting retail stores, which accounts for the corporate interest. If the corporation makes an offer, it will typically be anywhere from $50 thousand to $8 million, and can be higher.
On the other hand, an inventor trying to simply market an issued patent to corporations, is likely to get anywhere from $5,000 to $35,000. This does not take into account the likelihood of a corporation making an offer. Some inventors hire a marketing service to try to interest companies; such marketing companies usually keep statistics on their success rate, which varies. I recommend that anyone considering such companies first check out their success rates.
Read more >> http://internationalpatentservice.com/Selling-Your-Patent-How-Much-You-Can-Expect.html
Tuesday, December 31, 2019
Saturday, December 28, 2019
THIS BLOCKCHAIN-POWERED STARTUP HELPS FOUNDERS PROTECT THEIR IP AT A LOWER COST
By: Muriel Vega
Every startup begins with an idea, but what if you don’t have the $60,000 on average that it takes to file a patent on hand right now? Many founders don’t start their businesses with that kind of financial standing and choose to remain bootstrapped. So, how can you prove that you thought up that big idea before anyone else?
Intellectual property lawyer Eli Sheets built his career giving people patents and learning the industry from both the government and enterprise sides after working with several Fortune 500 companies. During that time, he learned not only how difficult it is for people to navigate the patent system, but also how expensive navigating that system can be over the life of a patent.
As blockchain began to take off, Sheets started to see how he could use it to timestamp ideas in a way that couldn’t be challenged in court.
“There’s a big hole in the evidentiary process,” Sheets tells Hypepotamus. “In litigation and for IP suits in the last half of the century, the kind of evidence that was brought in was usually hand-dated lab notebooks or notes from inside of a company to prove when something happened. But really, that wasn’t cutting it for most judges.”
Read more >> https://hypepotamus.com/companies/ideablock/
Every startup begins with an idea, but what if you don’t have the $60,000 on average that it takes to file a patent on hand right now? Many founders don’t start their businesses with that kind of financial standing and choose to remain bootstrapped. So, how can you prove that you thought up that big idea before anyone else?
Intellectual property lawyer Eli Sheets built his career giving people patents and learning the industry from both the government and enterprise sides after working with several Fortune 500 companies. During that time, he learned not only how difficult it is for people to navigate the patent system, but also how expensive navigating that system can be over the life of a patent.
As blockchain began to take off, Sheets started to see how he could use it to timestamp ideas in a way that couldn’t be challenged in court.
“There’s a big hole in the evidentiary process,” Sheets tells Hypepotamus. “In litigation and for IP suits in the last half of the century, the kind of evidence that was brought in was usually hand-dated lab notebooks or notes from inside of a company to prove when something happened. But really, that wasn’t cutting it for most judges.”
Read more >> https://hypepotamus.com/companies/ideablock/
Wednesday, December 25, 2019
Yes, You Can (Quickly) Invent Something Great!
By: Michael J Foycik Jr.
Dec 26, 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.”
Read more >> http://internationalpatentservice.com/Yes-You-Can-Invent-Something-Great.html
Dec 26, 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.”
Read more >> http://internationalpatentservice.com/Yes-You-Can-Invent-Something-Great.html
Tuesday, December 24, 2019
The US Patent and Trademark Office (USTPO) has published a patent application submitted by bitcoin startup Blockstream related to its work on sidechains.
By: Stan Higgins
The application, submitted on 9th May and published earlier this week, outlines “systems and methods…for transferring an asset from a parent chain to a sidechain”. It names Blockstream CEO Adam Back and Blockstream CTO Greg Maxwell (who is also a Core contributor) as inventors. Sidechains are envisioned as a way to allow the movement of digital assets from one blockchain to another, opening the door to new kinds of applications and experiments using the tech.
The application’s release comes months after the startup announced a patent pledge, saying at the time that it would make its patents and applications available under the Defensive Patent License. The application outlines how assets could be exchange between a primary blockchain and a sidechain to which it is connected, explaining:
“A simplified payment verification (SPV) proof associated with the parent chain asset may be generated. The SPV proof may include a threshold level of work. The SPV proof associated with the parent chain asset may be validated, and a sidechain asset corresponding to the parent chain asset may be generated. If no reorganization proof is detected, the sidechain asset is released.”
Read more >> https://www.coindesk.com/bitcoin-blockstream-patent-sidechains
The application, submitted on 9th May and published earlier this week, outlines “systems and methods…for transferring an asset from a parent chain to a sidechain”. It names Blockstream CEO Adam Back and Blockstream CTO Greg Maxwell (who is also a Core contributor) as inventors. Sidechains are envisioned as a way to allow the movement of digital assets from one blockchain to another, opening the door to new kinds of applications and experiments using the tech.
The application’s release comes months after the startup announced a patent pledge, saying at the time that it would make its patents and applications available under the Defensive Patent License. The application outlines how assets could be exchange between a primary blockchain and a sidechain to which it is connected, explaining:
“A simplified payment verification (SPV) proof associated with the parent chain asset may be generated. The SPV proof may include a threshold level of work. The SPV proof associated with the parent chain asset may be validated, and a sidechain asset corresponding to the parent chain asset may be generated. If no reorganization proof is detected, the sidechain asset is released.”
Read more >> https://www.coindesk.com/bitcoin-blockstream-patent-sidechains
Saturday, December 21, 2019
Let's Sue That patent Infringer - Or Maybe Not!
By: Michael J Foycik Jr.
Dec. 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.
Someone is infringing your patent. Now you want to rush out and sue them! Let's stop and talk about that for a minute.
The best reason to wait: that infringer is promoting your product, which takes time, money and effort before it pays off. So, let them do it for a while, and then swoop in! You shouldn't wait too long, perhaps a year or two or three, although some case law suggests that you can wait six years to sue. Don't rely on that, of course - in a specific case your patent attorney should verify and recommend specific deadlines.
Let's just mention that there can be a number of defenses to a patent 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 patent be challenged? Were you actually damaged? Is the alleged infringer's device/product really close enough to your patent to infringe its claims?
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 for a small number of products, you are unlikely to get meaningfully large damages. It is very easy to spend more money that you can recover. That's right, you can win the lawsuit and yet get little or no cash.
Read more >> http://internationalpatentservice.com/Lets-Sue-That-patent-Infringer.html
Dec. 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.
Someone is infringing your patent. Now you want to rush out and sue them! Let's stop and talk about that for a minute.
The best reason to wait: that infringer is promoting your product, which takes time, money and effort before it pays off. So, let them do it for a while, and then swoop in! You shouldn't wait too long, perhaps a year or two or three, although some case law suggests that you can wait six years to sue. Don't rely on that, of course - in a specific case your patent attorney should verify and recommend specific deadlines.
Let's just mention that there can be a number of defenses to a patent 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 patent be challenged? Were you actually damaged? Is the alleged infringer's device/product really close enough to your patent to infringe its claims?
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 for a small number of products, you are unlikely to get meaningfully large damages. It is very easy to spend more money that you can recover. That's right, you can win the lawsuit and yet get little or no cash.
Read more >> http://internationalpatentservice.com/Lets-Sue-That-patent-Infringer.html
Wednesday, December 18, 2019
Intellectual property rights explained
By: Charlie Wilson
If you have created a new device or way of operating then you are entitled to file a claim to protect your innovation. Ownership of an idea can be as important as ownership of a physical possession – particularly in financial terms – and so protecting intellectual property is a crucial step for any individual or business looking to use that idea or creation.
Intellectual property law is designed to ensure that others cannot copy or replicate your invention without facing heavy penalties. No matter what form your creation takes, you can rest assured that there is a form of IP protection to cover it, providing you can demonstrate that it meets certain criteria.
Patents, trademarks and copyrights are the most commonly occurring forms of intellectual property protection, affording peace of mind and recognition for what is broadly given the term of a “work”. Protection can be sought for almost any invention, whether it is an artistic piece (like a song, artwork, literature or game design), or a work of engineering or design.
Read more >> https://www.thelawsuperstore.co.uk/business/blog/intellectual-property-rights-explained
If you have created a new device or way of operating then you are entitled to file a claim to protect your innovation. Ownership of an idea can be as important as ownership of a physical possession – particularly in financial terms – and so protecting intellectual property is a crucial step for any individual or business looking to use that idea or creation.
Intellectual property law is designed to ensure that others cannot copy or replicate your invention without facing heavy penalties. No matter what form your creation takes, you can rest assured that there is a form of IP protection to cover it, providing you can demonstrate that it meets certain criteria.
Patents, trademarks and copyrights are the most commonly occurring forms of intellectual property protection, affording peace of mind and recognition for what is broadly given the term of a “work”. Protection can be sought for almost any invention, whether it is an artistic piece (like a song, artwork, literature or game design), or a work of engineering or design.
Read more >> https://www.thelawsuperstore.co.uk/business/blog/intellectual-property-rights-explained
Monday, December 16, 2019
What Does A Patent Lawsuit Cost ?
By: Michael J Foycik Jr.
Dec 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.
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
Dec 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.
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, December 14, 2019
Why Do Startups Fail? 5 Legal Aspects Startups Overlook
By: Shrijay Sheth
Startups often find themselves reinventing the wheel when it comes to catering to different requirements from time to time. While IT and hiring are taken care of by an in-house dedicated team, often this is not the case with other departments.
Other aspects are often outsourced to professional services providers. Right from company registration to keeping books of accounts and even filing GSTR, other companies often help them focus on core aspects of their business.
Based on our experience, there are a few things that startups tend to overlook while starting out.
1. Failing to choose the right business structure
We have observed businesses struggling to choose the right business structure that fits their requirements. Each business structure has its pros and cons with a different set of legal implications involved.
There are chiefly three business structures that one can register in India.
Read more >> https://razorpay.com/learn/why-do-startups-fail-5-legal-aspects-startups-overlook/
Startups often find themselves reinventing the wheel when it comes to catering to different requirements from time to time. While IT and hiring are taken care of by an in-house dedicated team, often this is not the case with other departments.
Other aspects are often outsourced to professional services providers. Right from company registration to keeping books of accounts and even filing GSTR, other companies often help them focus on core aspects of their business.
Based on our experience, there are a few things that startups tend to overlook while starting out.
1. Failing to choose the right business structure
We have observed businesses struggling to choose the right business structure that fits their requirements. Each business structure has its pros and cons with a different set of legal implications involved.
There are chiefly three business structures that one can register in India.
Read more >> https://razorpay.com/learn/why-do-startups-fail-5-legal-aspects-startups-overlook/
Monday, December 9, 2019
Patent Application – What to Expect After You File One
By: Michael J Foycik Jr.
Dec 10, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
So you're an inventor with a patent application! What happens now that it has been filed with the US Patent Office? Here's what to expect.
First, you'll get your Official Filing Receipt – it is actually pretty important. Sure, you'll get an electronic filing receipt if you filed it online. But, that's not what matters. The Official Filing Receipt is the easiest and fastest way to get your foreign filing license. And you'll want that, if you ever intend to file in other countries and need your US priority date.
If the US Patent Office has any objections to the drawings, specification, or abstract, they'll (usually) notify you at the same time they send the Official Filing Receipt. Formal drawings are the main type of objection – you'll need those.
After a period of time, typically anywhere from six months to two years, you'll get your first Office Action. That's typically where the patent examiner reads the case, searches for the claimed invention, and applies the prior art to the claims. This is also where the examiner can make objects, for example objections to claim language, to errors in the specification or drawings, or other things.
Read more >> http://internationalpatentservice.com/What-to-Expect-After-You-File-One.html
Dec 10, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
So you're an inventor with a patent application! What happens now that it has been filed with the US Patent Office? Here's what to expect.
First, you'll get your Official Filing Receipt – it is actually pretty important. Sure, you'll get an electronic filing receipt if you filed it online. But, that's not what matters. The Official Filing Receipt is the easiest and fastest way to get your foreign filing license. And you'll want that, if you ever intend to file in other countries and need your US priority date.
If the US Patent Office has any objections to the drawings, specification, or abstract, they'll (usually) notify you at the same time they send the Official Filing Receipt. Formal drawings are the main type of objection – you'll need those.
After a period of time, typically anywhere from six months to two years, you'll get your first Office Action. That's typically where the patent examiner reads the case, searches for the claimed invention, and applies the prior art to the claims. This is also where the examiner can make objects, for example objections to claim language, to errors in the specification or drawings, or other things.
Read more >> http://internationalpatentservice.com/What-to-Expect-After-You-File-One.html
Saturday, December 7, 2019
The Strategic Effects of Trademark Protection
By: Davidson Heath and Christopher Mace
As the U.S. economy shifts toward service- and technology-based industries, firm value is increasingly accounted for by intangible capital such as intellectual property. We examine a basic class of intellectual-property assets—trademarks—and present evidence on the effects of trademark protection on firm profits and strategy. Trademarks grant the holder a monopoly over a particular brand. The efficiency rationale for trademark protection is that it incentivizes firms to invest in product quality and development. On the other hand, stronger trademark protection inevitably insulates incumbents from competition. Whether the quality-incentive or monopoly-rent effect dominates is an empirical question with significant policy implications.
To study the causal effects of varying trademark protection, we exploit the Federal Trademark Dilution Act (FTDA) of 1995, which granted additional legal protection to “famous” trademarks until its key provision was nullified in 2003 by a U.S. Supreme Court decision. We find that the act raised treated firms’ operating return on assets by an average of 1.7 percentage points, equal to 12 percent of their average pre-FTDA profits. The passage of the act was followed by a sharp increase in trademark lawsuits under the new provision and by reduced entry and turnover in affected goods and service classes, consistent with our hypothesis that the FTDA raised the expected cost of entry into affected product markets.
Read more >> https://www.cato.org/publications/research-briefs-economic-policy/strategic-effects-trademark-protection
As the U.S. economy shifts toward service- and technology-based industries, firm value is increasingly accounted for by intangible capital such as intellectual property. We examine a basic class of intellectual-property assets—trademarks—and present evidence on the effects of trademark protection on firm profits and strategy. Trademarks grant the holder a monopoly over a particular brand. The efficiency rationale for trademark protection is that it incentivizes firms to invest in product quality and development. On the other hand, stronger trademark protection inevitably insulates incumbents from competition. Whether the quality-incentive or monopoly-rent effect dominates is an empirical question with significant policy implications.
To study the causal effects of varying trademark protection, we exploit the Federal Trademark Dilution Act (FTDA) of 1995, which granted additional legal protection to “famous” trademarks until its key provision was nullified in 2003 by a U.S. Supreme Court decision. We find that the act raised treated firms’ operating return on assets by an average of 1.7 percentage points, equal to 12 percent of their average pre-FTDA profits. The passage of the act was followed by a sharp increase in trademark lawsuits under the new provision and by reduced entry and turnover in affected goods and service classes, consistent with our hypothesis that the FTDA raised the expected cost of entry into affected product markets.
Read more >> https://www.cato.org/publications/research-briefs-economic-policy/strategic-effects-trademark-protection
Thursday, December 5, 2019
Why Worry About Infringement – Things To Do First
By: Michael J Foycik Jr.
Dec 6, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
You've seen the topic of patent infringement in the news. Should you be worried? If you are, here's some things to do that should minimize your risk.
If your product needs a component that is patented, you have two options. One is to buy that component from the patent owner or from an official licensee. Why? It carries an implied license. The other option is to contact the patent owner and negotiate a license, in which case fees may be small.
What if there's nothing out there like your product, how will you know if you should worry? You can do a right-to-use patent search. This is different from a normal patentability search, because you're not worried about patentability – you're worried about infringement. In a right-to-use patent search, you will search for patents that are expired, meaning more than 17 years old. If you can find the component or feature that is of interest, then you can rely on it and have a right-to-use. For a quick and easy patent search, try going to any patent site that allows searching, such as the official uspto site or Google® patents.
Read more >> http://internationalpatentservice.com/Why-Worry-About-Infringement.html
Dec 6, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
You've seen the topic of patent infringement in the news. Should you be worried? If you are, here's some things to do that should minimize your risk.
If your product needs a component that is patented, you have two options. One is to buy that component from the patent owner or from an official licensee. Why? It carries an implied license. The other option is to contact the patent owner and negotiate a license, in which case fees may be small.
What if there's nothing out there like your product, how will you know if you should worry? You can do a right-to-use patent search. This is different from a normal patentability search, because you're not worried about patentability – you're worried about infringement. In a right-to-use patent search, you will search for patents that are expired, meaning more than 17 years old. If you can find the component or feature that is of interest, then you can rely on it and have a right-to-use. For a quick and easy patent search, try going to any patent site that allows searching, such as the official uspto site or Google® patents.
Read more >> http://internationalpatentservice.com/Why-Worry-About-Infringement.html
Monday, December 2, 2019
Cannabis Extraction Innovations as Intellectual Property
By: Caleb Summeril
Cannabis commerce has been experiencing exponential growth, and the industry it fuels continues to thrive and expand. This steady progress has led to solid profits for many companies while also driving advancements and innovations. As the industry develops, so do the technologies and processes involved throughout, and this is blazing the new horizon of cannabis extraction. Progress dictates a need for protection, and the many new advances, creations and products in the extraction space means a focus on the importance of intellectual property (IP) related to these innovations carries more magnitude than ever before.
According to the World Intellectual Property Organization, IP “refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.” In relation to the cannabis industry, this can relate to any trademark, copyright or patent which allows the creator of an innovation to collect profit and gain acknowledgement from this creation. In the extraction space specifically, IP could be a newly formed technique or tool to aid or improve a process, or other everyday business elements related to logos, trade secrets, goods and services.
Read more >> https://extractionmagazine.com/2019/11/29/cannabis-extraction-innovations-as-intellectual-property/
Cannabis commerce has been experiencing exponential growth, and the industry it fuels continues to thrive and expand. This steady progress has led to solid profits for many companies while also driving advancements and innovations. As the industry develops, so do the technologies and processes involved throughout, and this is blazing the new horizon of cannabis extraction. Progress dictates a need for protection, and the many new advances, creations and products in the extraction space means a focus on the importance of intellectual property (IP) related to these innovations carries more magnitude than ever before.
According to the World Intellectual Property Organization, IP “refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.” In relation to the cannabis industry, this can relate to any trademark, copyright or patent which allows the creator of an innovation to collect profit and gain acknowledgement from this creation. In the extraction space specifically, IP could be a newly formed technique or tool to aid or improve a process, or other everyday business elements related to logos, trade secrets, goods and services.
Read more >> https://extractionmagazine.com/2019/11/29/cannabis-extraction-innovations-as-intellectual-property/
Costly Misconceptions About Trademarks
By: Michael J Foycik Jr.
Dec.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.
Getting a trademark is a great idea, but things may not be that simple. There are some misconceptions that can cost time, money, or even loss of rights.
One common misconception is that a registered trademark is necessary to have enforceable trademark rights. We are all familiar with registered trademarks – the kind with the ® registration symbol. But, trademark rights normally arise from actual use, even for unregistered trademarks. State courts can enforce such rights arising from actual use, even in the absence of a federally registered trademark. No registration, no problem – sometimes.
Getting a registered trademark requires filing a trademark application. Choices need to be made right at the start: actual use or intent-to-use; type of goods/services; logo or word mark. These choices can have profound consequences. Even the U.S. Trademark Office recommends having an experienced trademark attorney help with those choices – you'll see the warning for that in the online trademark application filing forms and elsewhere.
Read more >> http://internationalpatentservice.com/Costly-Misconceptions-About-Trademarks.html
Dec.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.
Getting a trademark is a great idea, but things may not be that simple. There are some misconceptions that can cost time, money, or even loss of rights.
One common misconception is that a registered trademark is necessary to have enforceable trademark rights. We are all familiar with registered trademarks – the kind with the ® registration symbol. But, trademark rights normally arise from actual use, even for unregistered trademarks. State courts can enforce such rights arising from actual use, even in the absence of a federally registered trademark. No registration, no problem – sometimes.
Getting a registered trademark requires filing a trademark application. Choices need to be made right at the start: actual use or intent-to-use; type of goods/services; logo or word mark. These choices can have profound consequences. Even the U.S. Trademark Office recommends having an experienced trademark attorney help with those choices – you'll see the warning for that in the online trademark application filing forms and elsewhere.
Read more >> http://internationalpatentservice.com/Costly-Misconceptions-About-Trademarks.html
Sunday, December 1, 2019
How to Trademark and Copyright a Name or Logo
By: Anya Skrba
Just as your business has a name, it also needs to have its own recognizable logo in order to establish a visual representation of your brand. The logo needs to perfectly reflect your company’s market niche and brand personality. And it should be unique enough to differentiate the company from the competition.
Because your name and logo are part of the DNA of your brand and your business, applying for registration of the copyright and trademark of both is an important consideration.
Do You Need to Register Your Trademark and Copyright In Your Name or Logo?
You certainly don’t have to register the copyright and trademark your company’s name or logo, in the United States; you own the copyright as soon as you put the original work on a pieces of paper or computer drive, and you won a trademark as soon as you use your name and logo for marketing your business. However, taking the extra step of registering both can give you important protection. Registering the trademark protects you from losing your rights to it if some other company uses the same or a highly similar name. By registering your trademark your name, you’re declaring exclusive rights to it for your line of business. And you’re preventing someone else from using your name for own in a similar business.
Read more >> https://firstsiteguide.com/trademark-copyright/
Just as your business has a name, it also needs to have its own recognizable logo in order to establish a visual representation of your brand. The logo needs to perfectly reflect your company’s market niche and brand personality. And it should be unique enough to differentiate the company from the competition.
Because your name and logo are part of the DNA of your brand and your business, applying for registration of the copyright and trademark of both is an important consideration.
Do You Need to Register Your Trademark and Copyright In Your Name or Logo?
You certainly don’t have to register the copyright and trademark your company’s name or logo, in the United States; you own the copyright as soon as you put the original work on a pieces of paper or computer drive, and you won a trademark as soon as you use your name and logo for marketing your business. However, taking the extra step of registering both can give you important protection. Registering the trademark protects you from losing your rights to it if some other company uses the same or a highly similar name. By registering your trademark your name, you’re declaring exclusive rights to it for your line of business. And you’re preventing someone else from using your name for own in a similar business.
Read more >> https://firstsiteguide.com/trademark-copyright/
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