US & USPTO Trademark

By: Michael J Foycik Jr.
March 22, 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.

US & USPTO TRADEMARK GENERAL INFORMATION

Preparing a US Trademark Application

To start, the trademark owner will have chosen a word, phrase, or design as their trademark. The trademark is what is applied to the goods or services, and is NOT usually the company’s name. For example, a company named XYZ which sells garments will attach a label to those garments with a trademark such as the fashion designer’s name, and NOT with the name of their company. To claim trademark rights, the symbol “TM” can be used, preferably as a superscript after the trademark. Alternatively it can be written in parentheses after the trademark. Example: If the trademark is “Wise“, it can be written as Wise™.

A US Trademark Lawyer, also called a US Trademark Attorney, can prepare a US Trademark Application for filing with the USPTO. The US Trademark Lawyer will draft a trademark application using a description of the goods/services together with a drawing showing the trademark, where the “drawing“ is often just the typed word in capital letters. That format encompasses all variations of that mark, within the laws pertaining to how marks are used. For example, the typed drawing in all capital letters will encompass an infringing use of the mark in script letters, or as part of a larger drawing.

Read read >> http://internationalpatentservice.com/US-USPTO-Trademark.html

Apple patent talk: Sheet of glass computer, finger wearables

By: Nancy Cohen

Apple's ideas for future coolth are interesting in light of patent applications with the US Patent and Trademark Office.

As in? A radical desktop computer design that presents a sheet of curved glass.

As in? Haptic-feedback finger devices to control objects in mixed reality and virtual reality.

Apple patent watchers were definitely eager to talk about the sheet of curved glass. Engadget's reaction was typical of most reactions among tech watchers—maybe this will happen, maybe not.

"This isn't a product roadmap for Apple—we wouldn't count on a curved-glass Mac like this arriving soon, if at all," said Engadget. "There would be technical limitations to overcome like adjustability of the display...This patent application does shed light on Apple's design process, though, and suggests that it's willing to dramatically revamp desktop Macs..."

Andrew Griffin, Independent, had a similar conclusion, that Apple's design process appeared to be considering "entirely new kinds of computers."

Read more >> https://techxplore.com/news/2020-01-apple-patent-sheet-glass-finger.html

Unpatentable - No Problem! Tips To Protect Your Idea Anyway

By: Michael J Foycik Jr.
March 17, 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.

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

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

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

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

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

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

Patents, Trademarks, Copyrights and Trade Secrets: A Guide

By: Annika Bansal

If you’re an entrepreneur, it’s likely that you’ve heard about intellectual property. If you aren’t particularly familiar with the details of it, this is a great place to start!

Intellectual property (IP) law can be broken up into four main areas: patents, trademarks, copyrights and trade secrets.

Regardless of your industry, IP law can play a major role in protecting your original ideas, especially if you’re just starting out and part of a smaller venture.

Here is a guide to patents, trademarks, copyrights, and trade secrets to help get you started on IP law!

Read more >> https://small-bizsense.com/patents-trademarks-copyrights-and-trade-secrets-a-guide/

How Much Does A Patent Cost?

By: Michael J Foycik Jr.
March 12, 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.

How much does a patent cost?

We try to keep your costs as low as possible, and as affordable as possible. We provide flat fee estimates in advance, at no charge to you.

In the simplest cases, where the invention is easy to describe or show in a few figures of drawing, patent application can be prepared for as little as $1800, with a government filing fee of $540 for a small entity (this cost is slightly less for electronic filing).

The formal drawings, if needed, can usually be obtained for less than $150 per sheet. One sheet might have several figures on it, depending on the complexity of the invention, thus saving money.

If the patent application is granted, the government charges an issue fee of $755 and publication fee of $300. A service charge of $80 is added for attending to preparing and filing the Issue Fee Transmittal.

Read more >> http://internationalpatentservice.com/how-much-does-a-patent-cost.html

A Quick Guide to Cannabis Patents: What You Need to Know

By: Bill Weinberg

Amid the quick expansion of the legal cannabis market, many cannabis growers and business owners are pushing to secure intellectual property rights for the strains and products they’ve created.

Cannabis patents currently exist in a still-clouded regulatory atmosphere thanks to federal prohibition, but it’s still possible to receive one — and the cannabis industry is certainly rising to the challenge to secure their own rights to continue cultivating strains that have long been part of the genetic and intellectual commons.

In the midst of this push for protecting cannabis intellectual property, there has been a rash of court cases and developments that have changed the foundation of cannabis patents in America. So what does it mean for the average cannabis consumer, who perhaps has heard to be wary of the day a patent-wielding Monsanto enters the cannabis industry?

Read more >> https://cannabisnow.com/a-quick-guide-to-cannabis-patents-what-you-need-to-know/

US & USPTO Patent - General Information

By: Michael J Foycik Jr.
March 6, 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.

US & USPTO PATENT GENERAL INFORMATION

Introduction
The US law provides for patent and trademark protection. The administrative agencies responsible for this are the US Patent Office and the US Trademark Office, which are combined and called the US Patent and Trademark Office, abbreviated as USPTO. In the following, the abbreviation USPTO will be used throughout.

Preparing a patent application
A US Patent Lawyer, also called a US Patent Attorney, normally prepares a US Patent Application for filing with the USPTO. The US Patent Lawyer works with the inventor to draft a specification having a description of the invention, including drawings when possible. The draft is then studied by the inventor, and changes are made if necessary. When the draft is accepted by the inventor, the inventor signs a form called a Declaration, claiming inventorship of the application. Once it is filed, it receives a Serial Number and an Official Filing Receipt, and thus becomes an official US Patent Application.

Read more >> http://internationalpatentservice.com/US-USPTO-Patent.html

SELECTING, CLEARING, AND PROTECTING YOUR IP AND WHY THIS SHOULD BE TOP PRIORITY FOR STARTUPS

By: Laura Good 

As a startup looking for financing and seed money, you not only need to have a game plan for protecting your intellectual property assets, but you also need to consider how you intend to market and sell your products/services. In this session, we will discuss the various ways in which you can select, clear, and protect the intellectual property of your company. We will talk through the options, and also discuss the pros and cons to each option. In addition to discussing how to select the right type of IP protection from the outset, we will cover what could happen if you don’t take the necessary steps to protect your IP and other details regarding the following topics:

1. Types of IP

a. Trademark
b. Patent
c. Trade secrets
d. Copyright

2. Documentation needed for IP protection
3. What Happens When Your IP has not been Protected Properly

This includes not using the proper forum to cover your IP

Read more >> https://startupsac.com/selecting-clearing-and-protecting-your-ip-and-why-this-should-be-top-priority-for-startups-2/

How to Patent a Design

By: Michael J Foycik Jr.
March 2, 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.

A design
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.

A design is anything which is not functional. A casing or cover for a working device can be a design. Other things can be designs too. A design can best be protected by a design patent application, and usually costs much less to file than a utility (“regular“) patent application. Even the government filing fee is much lower for a design patent application.

What is needed to get a design patent application? You will normally need drawings showing the design from six different orthogonal views. The application itself is very short, and has text naming the invention, describing the drawings, and ending with a claim. The drawings do not need to be like blueprints; instead, they are simplified. And, it is not necessary to have a working model.

Once filed with the US Patent Office, the design application is examined, and if granted, can mature into a design patent. But why get a design patent? For one thing, a design patent protects not only the design itself, but all obvious variations that are not within the public domain already.

Read more >> http://internationalpatentservice.com/How-to-Patent-a-Design.html

Five Easy Ways To Protect Your New Ideas And Intellectual Property

By: Michael Gargiulo

I believe Forbes is one of the best platforms in the world for sharing and developing bold vision and great ideas. These ideas of ours are like sudden and unexpected natural events -- a volcanic eruption, a measurable earthquake or an F5 tornado dropping from the sky. They strike without warning and burst through the noisy clutter constantly running through our minds like a bright meteor shooting across a starless sky. When we are rewarded with a great idea, our first instinct is often to share that idea with someone we know and trust.

What is the first thing we do when we want to share work that is good enough to warrant a patent, copyright or trademark? We typically pull out our smartphones and start texting or calling. We may go on social media sites and eagerly inform our real and internet friends about our idea. Unfortunately, our passion to share and enlighten others overwhelms the fact that the world is now like an open book. The world is ruled by Wi-Fi and the internet of things (IoT).

Ideas and work can be stolen unless you take steps to protect them. This especially applies to concepts involving lucrative inventions, industrial secrets or medical abstractions. If a bright, creative lightbulb suddenly illuminates your world in the middle of the night, consider using one of these five ways to safeguard your idea.

Read more >> https://www.forbes.com/sites/forbestechcouncil/2019/12/03/5-easy-ways-to-protect-your-new-ideas-and-intellectual-property/#4a5773024c14

Unpatentable - No Problem! Tips To Protect Your Idea Anyway

By: Michael J Foycik Jr.
February 25, 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.

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

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

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

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

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

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

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

The Truth Nobody Tells You About Startup Budgeting

By: Tracy Leigh Hazzard

So many startups are so eager to throw money into anything they believe will speed up the launch process. More seasoned experts know that intellectual property, patents, trademarks, copyrights, content, and products should all be assets that hold value, rather than sinkholes. You need to have an investment plan for all of this. That means every single spending point along the way should be detailed in your investment plan and budget. The problem with this is that, unless you are spending thousands on an expert, which you probably cannot afford in the beginning, who knows how much you should budget for things like patents, marketing, prototyping, research, and design? This is what we are going to break down today.

Scrounging and Spending: Why? What? When?

The first thing you need to be able to determine is whether or not an item is an asset or a liability, so you can learn when to scrounge, and when to spend, and when you are spending, how much you should be dropping. Remember, when discerning between the two, assets always add value while liabilities oftentimes eat up resources without adding value back in.

The Importance of Research and Design

 It is no secret that startups that spend on research and design, especially forward-thinking research and design in their product categories, out-profit every other brand in their category. Every other brand in their category has less value both in the marketplace and in sales. As you build your brand, compare yourself to bigger brands in your category. If you're competing in a marketplace with Apple, for example, then you're going to have to spend a pretty steep amount on research and design. Apple spends between 20 and 25 percent of its overall revenue budget on research and design. In my early days at Herman Miller, they had an entire research division that built assets for the business.

Read more >> https://www.inc.com/tracy-leigh-hazzard/how-to-budget-your-startup-so-you-dont-run-out-of-money.html

How to Patent a Provisional Patent Application

By: Michael J Foycik Jr
February 19, 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.

A provisional patent application
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.

A slightly better title would be “How to Get a Provisional Patent Application.“ That would be more correct, as explained below. It is easy to get a provisional patent application, which gives “patent pending” status but cannot in itself be “patented.” Instead, a provisional patent application holds the date (as the date of filing), protects the owner against later copiers, and permits later filing of a utility (“regular”) patent application.

Why get a Provisional Patent Application? It is less costly, and has a lower government filing fee, as compared with a utility patent application. It takes less effort to prepare, and needs no formal drawings and no signed Declaration.

Anything can be the subject of a provisional patent application. It provides defensive protection against later imitators. And, it can be the basis of a later utility patent application. It’s very useful to get a provisional patent application!

Read more >> http://internationalpatentservice.com/How-to-Patent-a-Provisional-Patent-Application.html

Protecting Your Intellectual Property Is More Important than Ever

By: Melinda Emerson

When you see or hear the abbreviation “IP,” it stands for Intellectual Property.  IP is a key asset in a small business. Simply put, intellectual property is the ownership of concepts, processes, and ideas, as opposed to physical property which characterizes a tangible asset. IP is fast becoming the major delineator among business owners who are competing for market share and customers.

4 Basic Types of IP

There are four basic types of IP that small businesses often rely on.

> Copyrighted Material

This category encompasses everything from literary and artistic works to video and audio recordings to architectural drawings and computer code. Although copyright is the most common form of IP, it does not cover ideas or concepts unless they are written down, creatively rendered, or recorded in some other fashion. However, you can not copyright a book title unless it’s a book series. Though technically speaking, you don’t have to register a copyright in order for it to be valid, doing so is relatively inexpensive and gives you more solid legal footing should a dispute ever arise.

Read more >> https://succeedasyourownboss.com/protecting-intellectual-property-important-ever/

U.S. Trademark Attorney Advice for Chinese Companies to Get U.S. Trademarks

By: Michael Foycik
February 14, 2020
The author is a trademark attorney in Washington DC who helps Chinese companies register their trademarks in the US. The author has over 28 years experience in trademarks, trademark applications, and trademark appeals. For further information, please email at mjfoycik@gmail.com, or call at 877-654-3336.

The following is advice from a US attorney, in the field of US Trademark law. From my work assisting companies in China with their US trademark applications, I have the following advice. This may help your company save time, effort, and money.

The main problem is when filing the wrong specimens of use, which can become costly and delay the trademark application. Correct specimens of use are required in US Trademark applications. They are required at the time of initial filing for “actual use” applications, and they are required after allowance in “intent-to-use” applications. The specimen of use should show the trademark attached to the products, or on boxes/packages that contain the products; or on a web site showing the trademark in an actual business. If a web site, ideally there will be an order page.

The description of the goods and services should be specific, as far as possible. It can start with a generic term, followed by one or more specific terms. An example is: “Exercise classes, specifically in the field of stretching and yoga.” The trademark examiner can then more easily accept the description, or alternatively suggest an acceptable version of the description, speeding up the trademark process.

Read more >> http://internationalpatentservice.com/US-Trademark-Attorney-Advice-For-Chinese-Companies-To-Get-US-Trademarks.html

An Interview with Eric Karich: Reporting Copyright, Patent and Trademark Infringements on Amazon

By: Rachel Blackburn

Who are SellerGard?  
       
SellerGard is an offshoot of Karich & Associates, a boutique patent firm based in California, US. The program is designed to help protect Amazon sellers with trademarks and patents. Karich & Associates have over 20 years’ experience assisting with design patents, utility patents, trademarks, and research. They have prepared patents for a wide range of inventions and have extensive experience developing international protection strategies.

1. Why do trademarks matter to Amazon sellers?

Having a registered trademark is especially important to Amazon sellers because a registration allows sellers to obtain Amazon Brand Registry (ABR), which gives access to Enhanced Brand Content (EBC). EBC allows you to edit your product listing and description, as well as add multiple photos, videos, etc, which gives you quite an advantage over the countless pages of generic listings. ABR also provides a powerful “search and report” tools so that you can remove infringers and copycats quickly and easily.

Trademarks have tremendous additional value quite apart from the Amazon platform. A trademark is what enables your customers to make repeat purchases from you, recommend you to friends, etc. It is very common for unscrupulous competitors to copy your name to divert customers from you to their products, and a trademark is what enables you to stop this. Furthermore, it is critical at the start of your business to select a trademark that does not infringe anyone else, which can be disastrous. 

Read more >> https://digitl.agency/2020/02/an-interview-with-eric-karich-reporting-copyright-patent-and-trademark-infringements-on-amazon/

A New Startup Business: What Is Needed For Success

By: Michael J Foycik Jr.
February 11, 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.

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

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

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

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

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

For Startups to Succeed, We Need STRONG Patents

By: Eb Bright

The Associated Press recently reported that despite the United States experiencing the longest economic expansion on record, new business formation has failed to return to the levels seen prior to the Great Recession of 2007-2009. What is behind this extended startup slump? Most reports cite regulatory hurdles and difficulty finding qualified workers. But there is another cause that has received far too little attention – the recent weakening of patent protections for America’s entrepreneurs.

As the President of ExploraMed, a Silicon Valley-based medical device incubator that identifies, creates and develops solutions for unmet health needs, I have seen firsthand the importance of patents to startups. For companies like the ones we have launched at ExploraMed and thousands like them, patents are the currency that drives venture investment. They incentivize risky research and development. They help attract top research and executive talent. And they facilitate the transfer of knowledge between university researchers and manufacturing companies.

If you are going to disrupt a marketplace, create an entirely new product category or leapfrog an existing technology platform, you need patent protection that is reliable and predictable. Unfortunately, we no longer have that in the United States. Through a series of court cases and harmful congressional actions, the patent system in the United States has been significantly degraded over the past decade.

Read more >> https://morningconsult.com/opinions/for-startups-to-succeed-we-need-strong-patents/

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

By: Michael J Foycik Jr.
February 6, 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.

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

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

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

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

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

IP-rimer: A Basic Explanation of Intellectual Property

By: Will Frank

Part I: IP-troduction

Maybe it’s a matter of knowledge bias, but I usually wince when I see a discussion of intellectual property online. At best, people make mistakes. Only natural, nobody’s perfect, but we can strive. At worst, people completely misunderstand every aspect of the topic. And this is a topic that comes up a lot online, after all.

So I thought I’d set the record straight with a set of essays discussing the topic, in a hopefully entertaining fashion, to improve understanding.

My Credentials

I am a lawyer, licensed in New York State in the U.S.A., and my work focuses on intellectual property. I have a background in computer programming, and during college I got interested in the intersection of law and technology (and found out I didn’t really like coding that much) and decided to pursue a career in law. I’ve interned for the Electronic Frontier Foundation, the Creative Commons, and the New York Civil Liberties Union focusing on technology issues. I currently work in a boutique (read: specialist) intellectual property law firm in New York City.

Read more >> https://medium.com/@scifantasy/ip-rimer-a-basic-explanation-of-intellectual-property-9be6f0ce6711

Some Kickstarter Success Tips

By: Michael J Foycik Jr.
January 31, 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.

If you're planning a Kickstarter campaign or other enterprise funding site, then these tips may help.

Have IP protection. What's that? It is intellectual property. It is not necessary to have an issued patent, but for success raising capital it is important to have at least patent pending protection. Trademark protection can help too. Don't neglect copyright protection and trade secret protection, if those are appropriate for your enterprise.

Get publicity. Use an inexpensive service that does e-press releases. Such a service can even help you write the press releases, for a small additional fee. And, try giving interviews to journals and magazines that might review your product or service.

Line up your tech resources ahead of time, to list on the site. These services would include affordable software technical services. Your product will need technical support services, so it may be a good idea to list such a company on your site. Other software services are important, as you're well aware already: sales support software, inventory management software, and employee management software, among others.

Read more>> http://internationalpatentservice.com/Some-Kickstarter-Success-Tips.html

Protecting your intellectual property rights is a complicated business

By: RJ Frometa

Before heading to the courts to protect your business interests, you first need to understand what those rights are and exactly how to protect them.
Even something as simple as creating an online poker website becomes complicated when dealing with protecting your rights.

What is a copyright and how to protect a copyright?

Copyright is a law that gives the owner of a work (for example, a book, movie, picture, song or website) the right to say how other people can use it. Copyright laws make it easier for authors to make money by selling their works. With copyright, a work can only be copied if the owner gives permission.

What is copyleft and how to protect a copyleft?

A copyright is a legal right bestowed upon creators of original works to dictate how those works can or cannot be copied, modified, and distributed by others. If someone uses or distributes an original work in a way that’s contrary to what its creator allows (“infringement”), the creator is entitled to seek legal action.

Read more >> https://ventsmagazine.com/2020/01/27/protecting-your-intellectual-property-rights-is-a-complicated-business/

Quit Worrying About Competitors, And Start Making Money

By: Michael J Foycik Jr.
January 27, 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.

Stop worrying! Many inventors and businesses become paralyzed by worry when trying to advance a new idea.

What if competitors import cheap knock-offs? What if they steal your idea? What if it isn't protectable as a patent?

Here are some factors to put your mind at ease.

First, competitors won't spend money to copy a product unless they are sure it will make money. For anything that is new, how can they know? Probably only by seeing if you make money. That gives you a big head start. If your product is good, you can saturate the market before the first knock-off arrives. Also, this gives you time to establish your trademark or trade name, so that people asking for it by name will always get your product.

Second, until your idea is made public, it can be protected as a trade secret, assuming you have marked everything confidential and avoided any non-confidential disclosures. Again, this provides a real head start, with the benefits noted above.

Read more >> http://internationalpatentservice.com/Quit-Worrying-About-Competitors-And-Start-Making-Money.html

Why Intellectual Property Protection Is Crucial For Startups

By: Dinesh Jotwani

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

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

Intellectual Property Is Crucial For Startups

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

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

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

Surprisingly Good Ways Of Stopping Foreign Imports Using Your US Patent

By: Michael J Foycik Jr.
January 22, 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.

The number one concern of many companies with new products is how to stop foreign copies from entering the US.  The good news, this is easy for US Patent owners, and there are two ways this can operate.

The most surprising way is using the US Customs Service to block suspected infringers.  To do this, you will need an order from the Customs Service.  Once you have that, Customs does the real work.  The catch here is, the US company will have to prove it makes the goods itself in the US.  So, two foreign companies cannot easily avail themselves of this privilege.

Customs can confiscate infringing goods, and may even turn over those goods to the US patent owner.  If specific infringers can be pointed out to Customs, which is often the case, those infringers  can be targeted by Customs.

The second way is more obvious: using the US Patent rights.  There is an easy way to do this, and a harder way.  The easier way is sending a copy of the US Patent to retailers and other companies selling the infringing product; most will quickly deal with the situation, usually by simply removing the infringing products.  After all, retailers do not want trouble, and can avoid it by fleeing from patent disputes.  The author has seen this several times, and it is surprisingly effective. 

Read more >> http://internationalpatentservice.com/Surprisingly-Good-Ways-Of-Stopping-Foreign-Imports-Using-Your-US-Patent.html

How to pick a winning name for your startup

By: Hannah Williams

A significant amount of thought goes into choosing a name for a startup. The brand name is an important part of the business and it leaves an impact on how people perceive the company and what it offers.

It is a good idea to make the name memorable and easy to say – you don’t want a name that will be difficult to pronounce or understand.

The process might sound easy, but some of the most successful business leaders in the market today had difficulty picking a name in the early days.

"Even Jeff Bezos got it wrong in the beginning, shifting from Cadabra to Amazon when an associate told him his original idea sounded like 'cadaver'. Mortifying," recalls Max Ottignon, cofounder of branding agency Ragged Edge.

Read more >> https://www.techworld.com/startups/how-pick-winning-name-for-your-startup-3778152/

Right Or Wrong Patent Attorney - Why Your Invention Matters

By: Michael J Foycik Jr.
January 16, 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.

Is there a good way to tell when you have the wrong patent attorney?  There are factors worth considering. 

Does your patent attorney not seem to listen?  Or, not seem to care about your objections and concerns?  Does your patent attorney make themselves available to answer questions?  These are red flags, especially if things are not going well otherwise.

Does the patent attorney's first draft make sense for your invention?  Most inventors rightfully expect to see writing that is as good as or better than their own.  Do you have to explain things several times?  Are you uncomfortable with how the claims sound?  These too can be red flags, when other things are not going well either.

Has your patent attorney filed continuation after continuation without making progress?  Or, have they filed RCE (“Request for Continuing Examination”) after RCE without making progress?  Or, have they filed about Appeal after Appeal, without success?  These could be red flags too.

This is not to say “good” or “bad” - rather it is to say “right skills for the right job.”  Even a very good and reputable patent attorney may sometimes find themselves out of their element, and look bad as a result.  That shouldn't matter though – good results should matter.  A different attorney, better suited for a particular effort, may well get different results. 

Read more >> http://internationalpatentservice.com/Right-Or-Wrong-Patent-Attorney-Why-Your-Invention-Matters.html

The Dutchies Land At CES And Show You Why Start-Up Innovation Matters

By: Jennifer Kite-Powell

Ranked as a leading Information, Communications and Technology (ICT) innovator and a digital gateway to Europe, The Netherlands is the sixth-largest economy in the European Union. The country is also the birthplace of the fire hose, the microscope, the submarine, the CD, Wifi, and LED technology.

2019 was a robust year for Dutch startups, with more than one billion in investment. Startup Genome released its 2019 Global Startup Ecosystem Report which noted that the Amsterdam-Startup Delta jumped from #19 #15 in 2019 in just two years. The Dutch government also made a €65 million fund available for startup and scale-up policies.

At the upcoming Consumer Electronics Show (CES), January 7-10, 2020 in Las Vegas, the Netherlands Tech Square will showcase 50 startups which are focusing on critical sectors that will define future economies such as energy storage, sustainability, smart mobility and smart cities to augmented reality, virtual reality, artificial intelligence, health, and med-tech and robotics.

Read more >> https://www.forbes.com/sites/jenniferhicks/2019/12/23/the-dutchies-land-at-ces-and-show-you-why-start-up-innovation-matters/#74c385d63b4b

Tips for Highly Effective Invention Promoting and Marketing for Inventors

By: Michael J Foycik Jr.
January 13, 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.

If you're an inventor, then you have seen ads for invention marketing companies.  Here are a few tips for a highly effective strategy that is also cost-effective.

Tip 1:  Do the patent part separately from the marketing part.  The patent costs can be quite affordable, especially is you shop around.  You are more likely to get the personal service and advice you really need, and that can lead to a better patent product. 

Tip 2:  Focus on companies most likely to need your invention.  Avoid broadcast invention submissions to large companies, because that can be costly in time and effort.  There will be too many corporate forms for the inventor to sign before those companies will even accept the submission, and some of those forms do not protect the inventor's rights.  Large companies like to buy rights to products that are already on the shelves somewhere, to make sure no one looks bad when buying the invention rights. 

Read more >> http://internationalpatentservice.com/Tips-for-Highly-Effective-Invention-Promoting-and-Marketing-for-Inventors.html

WHEN CAN TRADEMARK INFRINGERS BE FORCED TO FORFEIT THEIR ILL-BEGOTTEN PROFITS?

By: Omid Khalifeh

In 2010, Romag Fasteners, a company that produces and sells magnetic snaps, fasteners and closures, brought suit in the United States District Court for the District of Connecticut against Fossil Inc., as well as Macy’s, alleging patent and trademark infringement. According to the lawsuit, Fossil had been a licensee of Romag’s patent-protected magnetic closures but had switched to an unapproved supplier, which Romag alleges sold counterfeit Romag magnetic snaps. Thus, certain Fossil handbags sold in the United States were found to contain said counterfeit snaps. In this manner, not only did Fossil run afoul of Romag’s patents for the metal components, Fossil was also accused of violating Romag’s trademarks because the knock-off parts bore the “ROMAG” mark. Moreover, due to the existence of the agreement between the two parties in connection with which Fossil agreed to use Romag closures for its profits, Romag contends that Fossil knowingly adopted and used the Romag mark without its consent.

Trademark infringement involves the unauthorized use of a trademark on or in connection with goods and/or services in a manner that is likely to cause consumers to be confused, deceived, or mistaken as to the source of the goods and/or services. When trademark infringement is found to be willful, the infringer is required to forfeit any profits realized from sale under the infringing mark.

Read more >> https://www.omnilegalgroup.com/blog/when-can-trademark-infringers-be-forced-to-forfeit-their-ill-begotten-profits/

Responding to Restriction and Election Requirements in Patent Applications

By: Michael J Foycik Jr.
January 12, 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.

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

Simplifying Intellectual Property with Blockchain Technology

By: Mary Hall

Lawyers, legal professionals and inventors have long struggled with the difficulties of processing patent applications and keeping up with the amount of patent filings via the patent database system. As a young lawyer, I spent many long hours doing patent and trademark searches.  If only the intellectual property records were on the digital ledger of blockchain I might have been able to save a considerable amount of time and research effort!

The Problem of Siloed Data and Intellectual Property
In common-law and many countries, the Patent and Trademark systems favor the first to file. This is a problem when the databases inventors file their applications on is backlogged and out of sync. It is estimated that the United States Patent and Trademark Office (UPTO) is currently backlogged by hundreds of thousands of patent applications with only a few thousand examiners reviewing them. Patents and Trademark applications can be filed in the USPTO systems, but not be immediately discoverable by others. Inventors and intellectual property holders may legitimately believe they are the first to file, but in actual fact there may be other applications filed before theirs which they simply can’t find in the government databases because they don’t show up yet in search. This is one of the reasons why many law firms tell clients that it will take them 2 to 3 weeks to do a thorough patent or trademark search.  They know if may take time for intellectual property filings to be discoverable in the traditional database systems. According to the Erikson Law Group, “ The average time it takes to obtain a patent from the patent office at this time is about 32 months or a little under 3 years.”[1]

Read more >> https://blogs.oracle.com/blockchain/simplifying-intellectual-property-with-blockchain-technology

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

By: Michael J Foycik Jr.
January 10, 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.

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). Assignments will be recorded at no charge in that new fee schedule; currently the government fee is $40.

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

Alex Tame: Why Startups Need to Have a Global IP Strategy

By: Alex Tame

In an increasingly global economy, even startups need to consider where their companies fit in internationally. Entrepreneurs wear many hats — operations, marketing, engineering and sales among them — but few tout themselves as patent law experts. Often the last thing on their minds is an intellectual property (IP) strategy — but this can be costly in the long term.

Patent assertion entities (PAEs, also referred to as “patent trolls”) are a growing threat to companies in the UK. Patent trolls are companies whose primary revenue model is to acquire patents for the sole purpose of using them to sue other companies. They’re a big problem in the US, where they have resulted in more than 60 billion GBP in lost wealth annually, and where many UK startups look as a secondary market.  They’re a growing problem in the EU, as German courts have proven to be favourable to trolls.

Startups doing business in these markets expose themselves to patent troll risk — and the cost of defending against those lawsuits — to the tune of 2.4 million GBP per suit — can easily put an early stage company out of business.  Because of these risks, nearly 50 UK-based companies have joined LOT Network, including well-known names like Ocado and Boots.

Read more >> http://www.theuknewspaper.co.uk/why-startups-need-to-have-a-global-ip-strategy/

Costly Misconceptions About Trademarks

By: Michael J Foycik Jr.
January 9, 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.

Getting a trademark is a great idea, but things may not be that simple.  There are some misconceptions that can cost time, money, or even loss of rights. 

One common misconception is that a registered trademark is necessary to have enforceable trademark rights.  We are all familiar with registered trademarks – the kind with the ® registration symbol.  But, trademark rights normally arise from actual use, even for unregistered trademarks.  State courts can enforce such rights arising from actual use, even in the absence of a federally registered trademark.  No registration, no problem – sometimes.

Getting a registered trademark requires filing a trademark application.  Choices need to be made right at the start: actual use or intent-to-use; type of goods/services; logo or word mark.  These choices can have profound consequences.  Even the U.S. Trademark Office recommends having an experienced trademark attorney help with those choices – you'll see the warning for that in the online trademark  application filing forms and elsewhere.

Actual use sounds better than intent-to-use.  Maybe so - unless there is a conflict with another trademark filed on an intent-to-use basis.  Then, surprisingly, the owner of the intent-to-use to application is permitted to introduce evidence of events that show an intent-to-use that has occurred before the application's filing date.  The actual-use applicant does not have the same rights.  Such evidence of intent-to-use can be scant: a mere mention at a business meeting, or an order for design of the mark, for example.  This is peculiar to federal trademarks; state courts can apply their own standards and might well decide specific cases differently. 

Read more >> http://internationalpatentservice.com/Costly-Misconceptions-About-Trademarks.html

Rancho Santa Fe teen registers first patent for Life Alert cosmetic cover

By: Alex Wehrung

RANCHO SANTA FE — Canyon Crest Academy senior Avery Kay received her first United States patent from the Patent and Trademark Office on Oct. 8. Her invention is a cosmetic cover for Life Alert devices, featuring a hibiscus flower design.

The process of obtaining the patent took approximately four years between creating the initial design and redesigning the product at the patent office’s behest. The office was particularly picky about the location of the hibiscus flowers on the device cover, which caused a years-long back and forth with Kay.

Why a hibiscus? “I just wanted something that was pretty general and something most seniors would like,” Kay said.

The idea for the cover sprouted when Kay, then 13, went to visit her Parkinson’s-afflicted grandmother in Florida, who had fallen and broken her hip while visiting a graveyard.

Read more >> https://www.thecoastnews.com/rancho-santa-fe-teen-registers-first-patent-for-life-alert-cosmetic-cover/

Worry - Free Foreign Patent Rights - Things You Should Know

By: Michael J Foycik Jr.
January 8, 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.

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

Basic Guide to Intellectual Property that will save your business

By: Marsha Kelly

As an entrepreneur and small business owner, some of the most precious assets are intangible and are considered, rather than real or physical, intellectual property.

As you protect your valuable tangible property with insurance, legal records, and locks, you may defend your ideas and inventions similarly.

Differences between Trademarks, Copyrights and Patents  

First, you’ll have to be aware of the difference between the different kinds of intellectual property protection. Do you require a patent or trademark or copyright for your specific company usage?

Patents

The objective of a patent is to protect creations.

It’s a right which is awarded to the inventor of the national government that authorizes the inventor to stop people from selling, manufacturing or using their invention for a specified period.

Read more >> https://ideasplusbusiness.com/guide-to-intellectual-property/

New Technologies Worth Investing In

By: Michael J Foycik Jr.
January 5, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.

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

That’s a (W)rap: Celebrating 3 Clients of Mine Whose Patents Helped Changed Entire Industries With Their Idea!

By: John Rizvi, Esq

A Block Party For Inventors
​
While rap music began life in the block parties of New York in the 1970s, it found new expression in a rhyme I rapped to a crowd of inventors, clients, friends, – and, yes, even the mayor of Coral Springs – who attended the recent celebration of my law firm’s new 10,000 square foot headquarters.

While it may seem incongruous for a practicing two-decade patent attorney, law school professor, and best-selling book author on patents to “bust some rhymes” on perhaps the biggest moment in his intellectual property career, it reflects my sincere desire to take risks and dare mighty things when it comes to championing the merits of patenting small ideas and leaving the comfort zone of a nine-to-five job to commercialize an invention.

The ribbon cutting ceremony was thus my “block party” for “garage inventors”, designed to show the world how my fearless team of former patent examiners, patent illustrators, engineers and prototype experts are helping innovators leverage the First to File inventing system to get their ideas fast tracked through the United States Patent Office (USPTO). 

Read more >> https://thepatentprofessor.com/thats-a-wrap-celebrating-3-clients-of-mine-whose-patents-i-procured-helped-changed-entire-industries-with-their-idea/