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
Thursday, January 30, 2020
Tuesday, January 28, 2020
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/
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/
Sunday, January 26, 2020
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
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
Thursday, January 23, 2020
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/
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/
Tuesday, January 21, 2020
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
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
Sunday, January 19, 2020
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/
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/
Wednesday, January 15, 2020
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
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
Monday, January 13, 2020
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
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
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
Sunday, January 12, 2020
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/
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/
Saturday, January 11, 2020
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
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
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
Friday, January 10, 2020
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
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
Thursday, January 9, 2020
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/
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/
Wednesday, January 8, 2020
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
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/
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
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
Monday, January 6, 2020
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/
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/
Saturday, January 4, 2020
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
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
Wednesday, January 1, 2020
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/
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/
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