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