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

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/

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

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/

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/

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

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/

Intellectual property rights explained

By: Charlie Wilson

If you have created a new device or way of operating then you are entitled to file a claim to protect your innovation. Ownership of an idea can be as important as ownership of a physical possession – particularly in financial terms – and so protecting intellectual property is a crucial step for any individual or business looking to use that idea or creation.

Intellectual property law is designed to ensure that others cannot copy or replicate your invention without facing heavy penalties. No matter what form your creation takes, you can rest assured that there is a form of IP protection to cover it, providing you can demonstrate that it meets certain criteria.

Patents, trademarks and copyrights are the most commonly occurring forms of intellectual property protection, affording peace of mind and recognition for what is broadly given the term of a “work”. Protection can be sought for almost any invention, whether it is an artistic piece (like a song, artwork, literature or game design), or a work of engineering or design.

Read more >> https://www.thelawsuperstore.co.uk/business/blog/intellectual-property-rights-explained

Cannabis Extraction Innovations as Intellectual Property

By: Caleb Summeril

Cannabis commerce has been experiencing exponential growth, and the industry it fuels continues to thrive and expand. This steady progress has led to solid profits for many companies while also driving advancements and innovations. As the industry develops, so do the technologies and processes involved throughout, and this is blazing the new horizon of cannabis extraction. Progress dictates a need for protection, and the many new advances, creations and products in the extraction space means a focus on the importance of intellectual property (IP) related to these innovations carries more magnitude than ever before.

According to the World Intellectual Property Organization, IP “refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.” In relation to the cannabis industry, this can relate to any trademark, copyright or patent which allows the creator of an innovation to collect profit and gain acknowledgement from this creation. In the extraction space specifically, IP could be a newly formed technique or tool to aid or improve a process, or other everyday business elements related to logos, trade secrets, goods and services.

Read more >> https://extractionmagazine.com/2019/11/29/cannabis-extraction-innovations-as-intellectual-property/

Can cake designs result in intellectual property protection?

By: Amanda G. Ciccatelli

Cake isn’t usually a hot topic in the world of law, but at President Donald Trump’s inauguration celebrations earlier this year, cake became a huge matter of debate.

One of Trump’s cakes—created for the Salute to Our Armed Services Ball—was an almost exact copy of one made for the last Obama inauguration, which was originally created by Duff Goldman. On January 20th, he tweeted images of the two cakes, pointing out that he did not bake the cake at this year’s Trump celebrations. The very next day, Terry MacIsaac, owner of Buttercream Bakeshop, took credit for the Trump cake on Instagram, telling The Washington Post that her client on the Trump team contacted the bakery with a photo looking for a copy. The baker initially tried to encourage use of the photo as inspiration, but ended up creating replica at the client’s insistence.

Read more >> https://www.ipwatchdog.com/2017/08/08/cake-designs-intellectual-property/id=86558/

In The Weeds: Key Intellectual Property Takeaways For The Cannabis Industry

By: Matthew S. Dicke

1. Patent Filings Are Rapidly Increasing

The number of patent filings at the United States Patent and Trademark Office (“PTO”) directly correlates to the rise of cannabis legalization. According to Magic Number, a data analytics company, between 2017 and 2018 the PTO issued almost 250 cannabis-related patents—more than in the previous seven years combined. These filings cover a range of inventions, including medical treatments and pharmaceutical compositions, cultivation techniques, vaporizers, and cannabis-infused products like toothpaste, coffee beans, and alcoholic drinks. With this uptick in patent filings, the volume of cannabis-specific prior art is on the rise as well. Those interested in obtaining patent protection in the cannabis industry should not fall behind their peers nor wait until the prior art field has fully developed. Early filing is critical.

2. Cannabis is Still Illegal Under Federal Law

Despite the growing number of patent filings, it is important to recognize that processing and distributing cannabis is still illegal under the federal Controlled Substance Act. Recent scholarly articles have argued that federal courts should not entertain most cannabis patent infringement suits due to illegality. Nonetheless, some courts have allowed these cases to proceed on the merits. United Cannabis Corporation v. Pure Hemp Collective Inc. is the first trial involving a cannabis patent in federal court. Specifically, the patent in dispute relates to the extraction of pharmaceutically active components from plant materials (e.g., liquid cannabinoid formula including THC). The plaintiff filed a patent infringement suit against a competitor maker of CBD products. In April 2019, a judge ruled in favor of United Cannabis Corporation by rejecting the argument that the plaintiff’s formulations are not patent eligible. Although the legal status of cannabis is not an issue in the case, it is important to remember that cannabis is not legalized at the federal level and that federal case law is still developing.

Read more >> https://www.natlawreview.com/article/weeds-key-intellectual-property-takeaways-cannabis-industry

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.

The US patent system has been designed to promote devices which are distinct and encourage society. There are 3 distinct classes of patents:

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

What is Intellectual Property and Does My Business Need It?

By: Candi Obrentz

Intellectual property (“IP”) is the ownership of a creation and refers to any product of the human intellect that the law protects from unauthorized use by others.  The 3 main types of IP are a trademark, patent, and copyright.  

Trademark. This protects any name, word, slogan, symbol, design, and/or image that identifies a business or brand and distinguishes it from others. 

Patent. There are 3 types of patents: Utility, design, and plant (this is not a joke – plant patents are not common, but they do exist). A utility patent protects inventions with a new or improved function. A design patent protects a new, original and ornamental design for an article of manufacture. A plant patent protects new and distinct, asexually propagated plants. 

Copyright. This protects original works of authorship like books, songs, articles, plays, photographs, sculptures, choreography, architectural works, sound recordings, motion pictures & other creative works. A work must be in a fixed, tangible form to be protected.

Read more >> https://thisisittv.com/what-is-intellectual-property/

The Importance of IP – A Thumbnail Sketch of Intellectual Property Rights

By: David Adler

One question I’m frequently asked is “how can I protect my idea.”  Giving an answer to that question requires understanding the different types of intellectual property rights such as copyright, trademark and patent.  Many people recognize the words but don’t always know which one applies and what, exactly, it protects.  The FABTECH seminar Protecting Original Design: The Importance of IP for Fabricators is intended to explain how, when, and why different intellectual property laws can be used to protect original design and how this creates opportunities to add value to a business.

Original design is important for two intertwined reasons. First, as more brands develop signature styles, protecting original design is more important than ever.  Second, there is a real risk from knock-offs in terms of both product liability and fraud.  Original design signals to the buyer a message of authenticity, craftsmanship, quality and durability.  Lacking these attributes make knock-offs a form of fraud. According to Ricardo Nabholz, Assoc. IIDA, LEED AP, senior associate and creative director at TPG Architecture, “Once you divorce the idea of original design from products and apply it to other aspects of day-to-day commerce, it is easy to recognize knock-off as a form of fraud that no just person would willingly engage in.”

Read more >> https://www.fabtechexpo.com/blog/2019/11/03/the-importance-of-ip-a-thumbnail-sketch-of-intellectual-property-rights

Security Interests in Intellectual Property

By: John F. Hornick

I. Introduction 

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

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

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

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

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

How to Increase Startup Valuation by Leveraging Intellectual Property

By: Andrew Rapacke

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

Provisional Patents Are a Startup’s Best Friend

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

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

Security Interests in Intellectual Property

By: John F. Hornick

>  Introduction 

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

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

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

Closing the Gap Between Intellectual Property Awareness and Understanding

By: Manny Schecter

Intellectual property (IP) promotes innovation. The limited right to exclude others from copying patented inventions, copyrighted original works of authorship, and trademarked brands and logos encourages innovators to invest their time and money.

IP appeals to our sense of fairness by discouraging or preventing counterfeiting, passing off, and other harmful takings of the fruits of investments in research, development, creativity and innovation, and is leveraged by entrepreneurs seeking start-up capital. Unfortunately, the general public lacks a true understanding of how IP fuels our innovation economy.

The importance of IP has increased in recent decades, as evidenced by the growth in the portion of company value that stems from intangibles and the use of IP as an important tool in global competition. Given the growth in importance of IP, it is not surprising that awareness of IP has also grown. In the past, one had to resort to law books and legal journals to learn and keep up with recent developments about IP.

Read more >> https://www.ipwatchdog.com/2019/02/03/closing-gap-intellectual-property-awareness-understanding/id=105866/

How to protect your Intellectual Property as a startup or scale up

By: Chloe Mckenna

It's so easy to overlook your intellectual property when you're a startup. Even companies who've been in business for a while but are scaling up can easily forget just how important it is to protect yourself and your business. So, how do you even begin to go about protecting it and what's involved?

Your intellectual property is one of your most valuable assets. Not only does it give your company its true value, but it also helps create brand recognition and sets you apart from your competitors. Without it, you can't differentiate yourself from the rest. So that's why business owners are realising just how valuable it is and taking steps to protect it.

So it's no surprise that legal claims made over the last 12 months by small to medium enterprises have risen significantly by 68%. If you're new to business and have no clue how to even register your intellectual property, read on to find out.

Read more >> https://www.capalona.co.uk/news/how-to-protect-your-intellectual-property-as-a-startup-or-scale-up/

Intellectual Property for Startups 101

By: KS Kader

When you start a company, intellectual property, or IP as we’ll call it for the rest of this post, is something to think about from the moment you have the idea.

IP is your work product. IP can cover everything around your company – including, but not limited to your software code, your name and logo, the formula and application of the algorithm you use, right down to your marketing content.

I’d like to prime all of this with one simple suggestion that will save you a ton of headache later: Your company should own all of your intellectual property. Make sure this is the case before you raise a round, or try to exit. Do this by making sure every founder and employee signs the appropriate agreements handing over their work product to the company.

I’m sure you’ve heard the terms “Copyright”, “Trademark or Service Mark”, “Trade Secret” and “Patent” get thrown around a lot – and you’ve Googled them all. How do you differentiate between each? What’s the governing body of law? How does your IP relate? Fear not, this article will give you a very high level primer of IP 101 for Startups. Let’s begin:

Read more >> https://www.kaderlaw.com/blog/intellectual-property-for-startups-101/