By: Michael J Foycik Jr.
January 9, 2014
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.
There are interesting features in several recently issued Google patents. There are interesting insights, possibly secrets revealed, and opportunities too. Let's have a quick look.
A favorite of this author is Patent Number 8,589,391, which relates to a method for generating web site ratings for a user. This seems to be very useful. You can look this patent up online by searching “google patents advanced search” which brings up an option to search by patent number. I do recommend this, since there is an option to download the patent as a pdf file; this applies to the following patents as well.
And, something functional: Patent Number 8,589,387, for an Information Extractor from a Database, also assigned to Google. Here's an opportunity – if this is so important, other firms may well be able to develop improved/different methods for doing this which may well be of interest to search engine companies like Google.
More insights into the Google field of interest: Patent Number 8,589,399, for identifying terms of interest to an entity. This has obvious interest to marketers, but may have broader implications. And, there could be secrets revealed therein. Worth a look!
More opportunities for programmers and marketers may be in Patent Number 8,549,032, also to Google, for determining proximity to topics of advertisements. If this is still of importance now, other methods could well be of importance too. There seems to be room for growth in this field.
Read More >> http://internationalpatentservice.com/Google-Secrets-No-More.html
Showing posts with label Patents. Show all posts
Showing posts with label Patents. Show all posts
Sunday, December 30, 2018
Sunday, September 2, 2018
What are the Differences Between Trademarks, Patents, and Copyrights?
By: Jacob Tingen, Esq
Together, the U.S. Patent and Trademark Office and the U.S. Copyright Office recognize three types of intellectual property (IP) protection. These consist of trademarks, patents, and copyrights. Each protects different types of intellectual property, and have different rules regarding fair use.
In this article, we’ll go over the basic differences between trademarks, patents, and copyrights. However, remember that you should always consult an experienced lawyer before making any big decisions about how to protect your intellectual property.
Trademarks
What Is A Trademark?
Trademarks are protected distinguishing marks of a good or service. These can be names, slogans, symbols, or any other kind of branding. In all cases, trademarks are distinct traits that give customers an easy way to tell one product from another.
Note that trademarks are divided into 45 different classes. A trademark in one class does not carry over into another class. For example, Pied Piper Music Group and Pied Piper Pie Shop would fall under different trademarks because one sells music and the other sells food.
Trademark infringement occurs when one company sells a product or service that is too similar to another brand’s trademark. When that happens, the company holding the trademark has a legal right and obligation to defend their trademark.
In most cases, this is as simple as sending a cease and desist letter. However, large-scale legal battles can and do break out over trademark ownership—for example, see the long-running trademark dispute between Apple Records and Apple Inc..
Examples of Trademarks
Any unique piece of branding can be a viable trademark. For this reason, large and successful companies tend to trademark each and every piece of their brand individually. For example, here are just a few of trademarks associated with Microsoft’s Windows Operating System:
> The name “Windows”
> Each version of the Windows logo
> The distinctive “Windows chime”
> Even certain fonts such as Wingdings
Trademarks can even apply to a wide variety of intellectual property beyond these cases. However, notice that the design components of the Windows operating system are not included. That’s because product designs are typically covered by copyright, rather than trademarks.
Why Apply for a Trademark?
Holding a trademark can be a lot of work. However, it’s also one of the best ways to establish and grow a new brand. If you don’t apply for trademarks there’s nothing to stop other companies from profiting off of your brand by using similar advertising. Worse yet, if that company files for a trademark, you could end up having to completely change your brand.
On the other hand, holding a trademark will protect you from most types of infringement. In addition, holding a trademark will protect your brand from many other kinds of unfair competition. “Unfair competition” in this context refers to business practices that create deliberate customer confusion. This includes counterfeits, knock-offs, unauthorized reselling, and the like.
Fair Use
Not every use of your trademark counts as infringement. If the USPTO decides that someone else’s trademark is unlikely to cause customer confusion, you have neither the power nor the obligation to take legal action against it.
This is “fair use,” and includes things like parody, comparative use, and nominal use (e.g., saying the name of your product).
Maintaining a Trademark
Before you apply for a trademark, it’s important to understand that the USPTO will expect you to maintain it. The USPTO requires regular reports of your trademark’s use, as well as a reapplication every ten years. Failing to use your trademark is considered “abandonment,” and may result in the USPTO indicating that your trademark has been abandoned in their database.
For this and many other reasons, it’s highly advisable that trademark applicants hire an experienced trademark lawyer. A good trademark attorney will help you keep on top of these deadlines, as well as advising you on vital trademark decisions.
How to Apply for a Trademark
Before you apply for a trademark, always perform an extensive search of the USPTO’s trademark database. If you find a trademark similar to your own, it’s time to consult a trademark lawyer. He or she will be able to advise you on whether or not your brand is sufficiently distinct. If it’s not, you may have to make changes before you submit your application.
Read More >> https://tingenwilliams.com/2018/trademark-patent-copyright/25816
Together, the U.S. Patent and Trademark Office and the U.S. Copyright Office recognize three types of intellectual property (IP) protection. These consist of trademarks, patents, and copyrights. Each protects different types of intellectual property, and have different rules regarding fair use.
In this article, we’ll go over the basic differences between trademarks, patents, and copyrights. However, remember that you should always consult an experienced lawyer before making any big decisions about how to protect your intellectual property.
Trademarks
What Is A Trademark?
Trademarks are protected distinguishing marks of a good or service. These can be names, slogans, symbols, or any other kind of branding. In all cases, trademarks are distinct traits that give customers an easy way to tell one product from another.
Note that trademarks are divided into 45 different classes. A trademark in one class does not carry over into another class. For example, Pied Piper Music Group and Pied Piper Pie Shop would fall under different trademarks because one sells music and the other sells food.
Trademark infringement occurs when one company sells a product or service that is too similar to another brand’s trademark. When that happens, the company holding the trademark has a legal right and obligation to defend their trademark.
In most cases, this is as simple as sending a cease and desist letter. However, large-scale legal battles can and do break out over trademark ownership—for example, see the long-running trademark dispute between Apple Records and Apple Inc..
Examples of Trademarks
Any unique piece of branding can be a viable trademark. For this reason, large and successful companies tend to trademark each and every piece of their brand individually. For example, here are just a few of trademarks associated with Microsoft’s Windows Operating System:
> The name “Windows”
> Each version of the Windows logo
> The distinctive “Windows chime”
> Even certain fonts such as Wingdings
Trademarks can even apply to a wide variety of intellectual property beyond these cases. However, notice that the design components of the Windows operating system are not included. That’s because product designs are typically covered by copyright, rather than trademarks.
Why Apply for a Trademark?
Holding a trademark can be a lot of work. However, it’s also one of the best ways to establish and grow a new brand. If you don’t apply for trademarks there’s nothing to stop other companies from profiting off of your brand by using similar advertising. Worse yet, if that company files for a trademark, you could end up having to completely change your brand.
On the other hand, holding a trademark will protect you from most types of infringement. In addition, holding a trademark will protect your brand from many other kinds of unfair competition. “Unfair competition” in this context refers to business practices that create deliberate customer confusion. This includes counterfeits, knock-offs, unauthorized reselling, and the like.
Fair Use
Not every use of your trademark counts as infringement. If the USPTO decides that someone else’s trademark is unlikely to cause customer confusion, you have neither the power nor the obligation to take legal action against it.
This is “fair use,” and includes things like parody, comparative use, and nominal use (e.g., saying the name of your product).
Maintaining a Trademark
Before you apply for a trademark, it’s important to understand that the USPTO will expect you to maintain it. The USPTO requires regular reports of your trademark’s use, as well as a reapplication every ten years. Failing to use your trademark is considered “abandonment,” and may result in the USPTO indicating that your trademark has been abandoned in their database.
For this and many other reasons, it’s highly advisable that trademark applicants hire an experienced trademark lawyer. A good trademark attorney will help you keep on top of these deadlines, as well as advising you on vital trademark decisions.
How to Apply for a Trademark
Before you apply for a trademark, always perform an extensive search of the USPTO’s trademark database. If you find a trademark similar to your own, it’s time to consult a trademark lawyer. He or she will be able to advise you on whether or not your brand is sufficiently distinct. If it’s not, you may have to make changes before you submit your application.
Read More >> https://tingenwilliams.com/2018/trademark-patent-copyright/25816
Saturday, August 11, 2018
Trademarks, Patents and Copyrights, Oh My! What's the Difference?
By: Adam C. Uzialko
Intellectual property might seem esoteric, but it's important to protect it like you would any other asset. To do so, you'll need to understand some basics about intellectual property rights first.
Two of the most common forms of intellectual property protections are the copyright and the trademark. While the two are often confused, they protect very different types of intellectual property. Learning the differences, and how you can use both to protect your own creative output, is essential to securing your assets.
What is a copyright?
The U.S. Copyright Office of the Library of Congress defines a copyright as "a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression." What exactly does that mean?
A copyright extends to any type of creative product that you've put down on paper, in design, or elsewhere. In fact, a copyright exists from the moment your work is created, whether you register with the U.S. Copyright Office or not. However, for it to hold up in court, registration is a good idea.
"You must register your copyright if you want to sue for copyright infringement," said Ruth Carter, owner and attorney at Carter Law Firm. "I also recommend registering your copyright if you plan to license your work."
Although your work is technically copyrighted at the time of creation, registering it with the federal government is what grants federal protection to your intellectual property. Otherwise, you cannot bring a lawsuit against another party for copyright infringement.
How to register your copyright
Once obtained, a copyright protects works, including literature, drama, music, poetry, novels, movies, songs, software and architecture. If you are concerned that any of these will be used for profit without your consent, you should consider registering them with the U.S. Copyright Office.
"The process to register a copyright requires submitting an application to the U.S. Copyright Office and paying a fee, which you can do online," Carter said.
Beyond the ability to sue for copyright infringement, registering your copyright within five years of the work's publication grants it prima facie status in court. Literally meaning "based on the first impression," this Latin phrase means your copyright will be accepted as fact until proven otherwise.
Moreover, copyright protection extends to many other nations besides the U.S.; the federal government maintains copyright agreements with most other countries worldwide, which essentially state that the governments will respect each other's citizens' intellectual property.
Copyright protections expire after the author's lifetime plus 70, 95 or 120 years, depending on the nature of the work.
What is a trademark?
A trademark, as defined by the U.S. Patent and Trademark Office (USPTO), is "a word, phrase, symbol and/or design that identifies and distinguishes the source of the goods of one party from those of others." It is also sometimes known as a "service mark" when referring to a service-based business.
"Trademarks protect those things that companies use to help customers connect back to the goods or services they purchased. Things that are trademarked are indications of source," said Erin Ogden, attorney at Ogden, Glazer and Schaefer. "That can be commonly known trademarks like words (Nike), logos (the swoosh), and slogans (Just Do It). It can also be colors (pink insulation for Owens Corning), sounds (NBC chimes), shapes (the Coca-Cola bottle), [or] anything that helps a customer pick out and remember a good or service and get it again."
According to Ogden, achieving federal trademark protection allows the holder to use the trademark nationwide with the ability to sue in federal court, potentially obtaining triple damages for infringement and nationwide injunctions to halt others' use of the trademark.
"By having copyrights and trademarks, you get to control your intellectual property related to those protections," she said. "That means you can give or withhold permission of others to use your copywritten or trademarked property. That also means that you can give only certain permissions in exchange for money, otherwise known as a license."
Read More >> https://www.businessnewsdaily.com/10981-trademark-patent-copyright-differences.html
Intellectual property might seem esoteric, but it's important to protect it like you would any other asset. To do so, you'll need to understand some basics about intellectual property rights first.
Two of the most common forms of intellectual property protections are the copyright and the trademark. While the two are often confused, they protect very different types of intellectual property. Learning the differences, and how you can use both to protect your own creative output, is essential to securing your assets.
What is a copyright?
The U.S. Copyright Office of the Library of Congress defines a copyright as "a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression." What exactly does that mean?
A copyright extends to any type of creative product that you've put down on paper, in design, or elsewhere. In fact, a copyright exists from the moment your work is created, whether you register with the U.S. Copyright Office or not. However, for it to hold up in court, registration is a good idea.
"You must register your copyright if you want to sue for copyright infringement," said Ruth Carter, owner and attorney at Carter Law Firm. "I also recommend registering your copyright if you plan to license your work."
Although your work is technically copyrighted at the time of creation, registering it with the federal government is what grants federal protection to your intellectual property. Otherwise, you cannot bring a lawsuit against another party for copyright infringement.
How to register your copyright
Once obtained, a copyright protects works, including literature, drama, music, poetry, novels, movies, songs, software and architecture. If you are concerned that any of these will be used for profit without your consent, you should consider registering them with the U.S. Copyright Office.
"The process to register a copyright requires submitting an application to the U.S. Copyright Office and paying a fee, which you can do online," Carter said.
Beyond the ability to sue for copyright infringement, registering your copyright within five years of the work's publication grants it prima facie status in court. Literally meaning "based on the first impression," this Latin phrase means your copyright will be accepted as fact until proven otherwise.
Moreover, copyright protection extends to many other nations besides the U.S.; the federal government maintains copyright agreements with most other countries worldwide, which essentially state that the governments will respect each other's citizens' intellectual property.
Copyright protections expire after the author's lifetime plus 70, 95 or 120 years, depending on the nature of the work.
What is a trademark?
A trademark, as defined by the U.S. Patent and Trademark Office (USPTO), is "a word, phrase, symbol and/or design that identifies and distinguishes the source of the goods of one party from those of others." It is also sometimes known as a "service mark" when referring to a service-based business.
"Trademarks protect those things that companies use to help customers connect back to the goods or services they purchased. Things that are trademarked are indications of source," said Erin Ogden, attorney at Ogden, Glazer and Schaefer. "That can be commonly known trademarks like words (Nike), logos (the swoosh), and slogans (Just Do It). It can also be colors (pink insulation for Owens Corning), sounds (NBC chimes), shapes (the Coca-Cola bottle), [or] anything that helps a customer pick out and remember a good or service and get it again."
According to Ogden, achieving federal trademark protection allows the holder to use the trademark nationwide with the ability to sue in federal court, potentially obtaining triple damages for infringement and nationwide injunctions to halt others' use of the trademark.
"By having copyrights and trademarks, you get to control your intellectual property related to those protections," she said. "That means you can give or withhold permission of others to use your copywritten or trademarked property. That also means that you can give only certain permissions in exchange for money, otherwise known as a license."
Read More >> https://www.businessnewsdaily.com/10981-trademark-patent-copyright-differences.html
Wednesday, April 4, 2018
A Simple Guide to Trademarks, Copyrights and Patents
By: Nellie Akalp
Your company’s intellectual property—from your logo to trade secrets—can be just as valuable as physical assets. This is particularly true for digital startups. Yet, taking the necessary legal steps to protect your intellectual property can be costly and time-consuming, often burdening a young business before it gets off the ground. It’s a delicate balance to determine what actions to take and when, but the following is a primer on the various types of intellectual property.
Trademarks
A trademark is a word, phrase, name or symbol that identifies the source of a product or service and distinguishes it from competitors. A trademark would apply to your company name, product names, logos, and taglines. Trademarks don’t actually have to be registered with the USPTO (U.S. Patent and Trademark Office). If your company creates a logo or name that you want to use exclusively, you can attach the TM symbol and this essentially gives you “common law” rights. However, in case anyone ends up using your name or logo without your permission, you’ve got a much better chance of winning an infringement suit against them if you actually registered your trademark. And with formal trademark registration, it’s also exponentially easier for you to recover your digital properties—for example, if someone happens to be using a close variation of your domain name or is using your company name as their Twitter handle.
When it comes to trademarking, there’s often some confusion surrounding the company name. Many young companies think that once they incorporate or form an LLC, they have registered and protected their name. The act of incorporating does indeed register your business name within your state of incorporation—but that won’t stop someone else from using your name in any of the 49 other states.
To register your business name, you’ll need to file an application either directly with the USPTO or have an online legal filing service file it for you. Expect to pay approximately $325 in application fees per class that your mark would fall under. The process can take anywhere from six months to a year once you submit your application. It’s also smart to perform a comprehensive trademark search before starting the application process to make sure your name is available (you won’t get an application refund just because your name isn’t available).
Copyrights
A copyright protects “original works of authorship.” For digital startups, this typically means website copy, marketing material and possibly even computer code. By law, a copyright exists the moment something is written, photographed, drawn, etc. As soon as you write and publish the copy on your website, you automatically own a copyright for this work—and are able to use the copyright symbol © and the terminology “All Rights Reserved.”
If copyright protection exists without registration, why register?
Formal registration is a prerequisite if you decide to sue someone for copyright infringement. That’s because copyright registration gives you a public record of ownership. You can register online through the U.S. Copyright Office or have a legal online filing service handle it for you. Registering a copyright is relatively straightforward and affordable. So if it’s important to you to have the ability to take legal action in case someone copies part of your website or whitepaper without your permission, then it makes sense to register a copyright.
Patents
A patent gives an inventor the exclusive rights to manufacture, use or sell an invention for a certain number of years. Patents cover tangible things, and can include software processes, product design and other inventions. For example, Twitter has a patent on the “pull-to-refresh” function found in Twitter’s iPhone app, while Coca-Cola patented the unique shape of its original bottle. Before applying for a patent, you should ask yourself the following questions: Is your product or idea original? Is it useful? And is it not obvious to others with basic skills in your field? For example, Amazon‘s patent for its one-click ordering system was rejected by the European Patent Office (EPO) for being too obvious and non-inventive. When you register your invention with the government, you get the legal right to exclude anyone else from manufacturing or marketing it. You also get to use terminology like “patented technology” or “patent-pending technology” (for a provisional patent) in your marketing material. And patents have value—they can be sold as assets and are often factored into funding or acquisition deals.
Acquiring a patent can take up to six years and hundreds of hours of work. Due to the complexity of the process, most companies turn to an attorney, patent agent or licensing firm—this can mean approximately $7,000 to $15,000 in attorney fees. Ideally, your IP pro will understand and specialize in your particular market, which can make the process more efficient. Because the investment required to file a patent is so high, many startups struggle to know the right time to apply. While there’s no single right answer for everyone, keep the following things in mind.
When you submit your paperwork to the U.S. Patent and Trademark Office, you secure your priority date. This means that if another company starts doing something similar after your filing date, they’re infringing on your patent (and could be ordered to stop). If you wait—perhaps until your product is ready to launch or your company has more cash flow—you won’t have a case if someone starts doing what your patent is about. And you miss the opportunity to patent the idea or product. In some cases, a company can spend thousands on getting a patent, only to discover that their product is not commercially viable. Or in other cases, by the time the product is finally ready for market, it has gone through so many iterations, that it’s no longer completely covered by the original patent, and the company needs to apply for a brand new patent or Continuation-In-Part application. Be aware that the USPTO also gives you the option to file for a provisional patent. This entails a simpler and lower-cost filing procedure and lets you stake your claim for 12 months from the filing date.
However, this 12-month period is non-renewable, so you’ve got to file a full patent application within the year. No matter which IP strategy is right for you, it’s best to evaluate your options and plan your strategy early on. Filing for a trademark or copyright is often simple enough to take care of on your own or with the help of an online filing service. If patenting is in the cards, it’s best to search out a reputable patent attorney to discuss your options in your company’s early days so you’re not scrambling at the last minute.
Source >> https://blog.corpnet.com/simple-guide-trademarks-copyrights-patents/
Your company’s intellectual property—from your logo to trade secrets—can be just as valuable as physical assets. This is particularly true for digital startups. Yet, taking the necessary legal steps to protect your intellectual property can be costly and time-consuming, often burdening a young business before it gets off the ground. It’s a delicate balance to determine what actions to take and when, but the following is a primer on the various types of intellectual property.
Trademarks
A trademark is a word, phrase, name or symbol that identifies the source of a product or service and distinguishes it from competitors. A trademark would apply to your company name, product names, logos, and taglines. Trademarks don’t actually have to be registered with the USPTO (U.S. Patent and Trademark Office). If your company creates a logo or name that you want to use exclusively, you can attach the TM symbol and this essentially gives you “common law” rights. However, in case anyone ends up using your name or logo without your permission, you’ve got a much better chance of winning an infringement suit against them if you actually registered your trademark. And with formal trademark registration, it’s also exponentially easier for you to recover your digital properties—for example, if someone happens to be using a close variation of your domain name or is using your company name as their Twitter handle.
When it comes to trademarking, there’s often some confusion surrounding the company name. Many young companies think that once they incorporate or form an LLC, they have registered and protected their name. The act of incorporating does indeed register your business name within your state of incorporation—but that won’t stop someone else from using your name in any of the 49 other states.
To register your business name, you’ll need to file an application either directly with the USPTO or have an online legal filing service file it for you. Expect to pay approximately $325 in application fees per class that your mark would fall under. The process can take anywhere from six months to a year once you submit your application. It’s also smart to perform a comprehensive trademark search before starting the application process to make sure your name is available (you won’t get an application refund just because your name isn’t available).
Copyrights
A copyright protects “original works of authorship.” For digital startups, this typically means website copy, marketing material and possibly even computer code. By law, a copyright exists the moment something is written, photographed, drawn, etc. As soon as you write and publish the copy on your website, you automatically own a copyright for this work—and are able to use the copyright symbol © and the terminology “All Rights Reserved.”
If copyright protection exists without registration, why register?
Formal registration is a prerequisite if you decide to sue someone for copyright infringement. That’s because copyright registration gives you a public record of ownership. You can register online through the U.S. Copyright Office or have a legal online filing service handle it for you. Registering a copyright is relatively straightforward and affordable. So if it’s important to you to have the ability to take legal action in case someone copies part of your website or whitepaper without your permission, then it makes sense to register a copyright.
Patents
A patent gives an inventor the exclusive rights to manufacture, use or sell an invention for a certain number of years. Patents cover tangible things, and can include software processes, product design and other inventions. For example, Twitter has a patent on the “pull-to-refresh” function found in Twitter’s iPhone app, while Coca-Cola patented the unique shape of its original bottle. Before applying for a patent, you should ask yourself the following questions: Is your product or idea original? Is it useful? And is it not obvious to others with basic skills in your field? For example, Amazon‘s patent for its one-click ordering system was rejected by the European Patent Office (EPO) for being too obvious and non-inventive. When you register your invention with the government, you get the legal right to exclude anyone else from manufacturing or marketing it. You also get to use terminology like “patented technology” or “patent-pending technology” (for a provisional patent) in your marketing material. And patents have value—they can be sold as assets and are often factored into funding or acquisition deals.
Acquiring a patent can take up to six years and hundreds of hours of work. Due to the complexity of the process, most companies turn to an attorney, patent agent or licensing firm—this can mean approximately $7,000 to $15,000 in attorney fees. Ideally, your IP pro will understand and specialize in your particular market, which can make the process more efficient. Because the investment required to file a patent is so high, many startups struggle to know the right time to apply. While there’s no single right answer for everyone, keep the following things in mind.
When you submit your paperwork to the U.S. Patent and Trademark Office, you secure your priority date. This means that if another company starts doing something similar after your filing date, they’re infringing on your patent (and could be ordered to stop). If you wait—perhaps until your product is ready to launch or your company has more cash flow—you won’t have a case if someone starts doing what your patent is about. And you miss the opportunity to patent the idea or product. In some cases, a company can spend thousands on getting a patent, only to discover that their product is not commercially viable. Or in other cases, by the time the product is finally ready for market, it has gone through so many iterations, that it’s no longer completely covered by the original patent, and the company needs to apply for a brand new patent or Continuation-In-Part application. Be aware that the USPTO also gives you the option to file for a provisional patent. This entails a simpler and lower-cost filing procedure and lets you stake your claim for 12 months from the filing date.
However, this 12-month period is non-renewable, so you’ve got to file a full patent application within the year. No matter which IP strategy is right for you, it’s best to evaluate your options and plan your strategy early on. Filing for a trademark or copyright is often simple enough to take care of on your own or with the help of an online filing service. If patenting is in the cards, it’s best to search out a reputable patent attorney to discuss your options in your company’s early days so you’re not scrambling at the last minute.
Source >> https://blog.corpnet.com/simple-guide-trademarks-copyrights-patents/
Saturday, February 10, 2018
Patterson Thuente IP Names Christian Girtz as a New Partner - Patents & Patent Law
By: Press Releases
February 9, 2018
MINNEAPOLIS—February, 2018—Patterson Thuente IP has named patent attorney Christian Girtz as a partner in the firm. He handles patent preparation and prosecution for clients in the fields of computer software, communications, and Internet and electronic commerce.
An experienced intellectual property attorney, Christian counsels clients on best practices for developing strong patents and valuable IP assets domestically and internationally. As a former software engineer, Christian is uniquely qualified to assist companies who are innovators in computer software, communications, and Internet and electronic commerce. These computer- and software-based industries have significant challenges in protecting their intellectual property due to recent U.S. Supreme Court and Federal Circuit decisions. Christian is able to quickly understand his clients’ technologies, provide practical advice, and develop creative strategies for gaining IP protection.
“With my background, I can ask more pointed questions of the engineers I’m working with that perhaps someone without a computer science or software background could,” explains Girtz. “Clients appreciate that I can think about how I might have implemented the solution they are looking to patent and understand the problem it’s solving.”
Christian received his J.D from William Mitchell College of Law, cum laude in 2010. He is admitted to practice under the Supreme Court of Minnesota and is a registered patent attorney with the United States Patent & Trademark Office He is also a member of the Minnesota State Bar Association.
Read More >> http://www.ipwatchdog.com/2018/02/09/patterson-thuente-christian-girtz-partner/id=93452/
February 9, 2018
MINNEAPOLIS—February, 2018—Patterson Thuente IP has named patent attorney Christian Girtz as a partner in the firm. He handles patent preparation and prosecution for clients in the fields of computer software, communications, and Internet and electronic commerce.
An experienced intellectual property attorney, Christian counsels clients on best practices for developing strong patents and valuable IP assets domestically and internationally. As a former software engineer, Christian is uniquely qualified to assist companies who are innovators in computer software, communications, and Internet and electronic commerce. These computer- and software-based industries have significant challenges in protecting their intellectual property due to recent U.S. Supreme Court and Federal Circuit decisions. Christian is able to quickly understand his clients’ technologies, provide practical advice, and develop creative strategies for gaining IP protection.
“With my background, I can ask more pointed questions of the engineers I’m working with that perhaps someone without a computer science or software background could,” explains Girtz. “Clients appreciate that I can think about how I might have implemented the solution they are looking to patent and understand the problem it’s solving.”
Christian received his J.D from William Mitchell College of Law, cum laude in 2010. He is admitted to practice under the Supreme Court of Minnesota and is a registered patent attorney with the United States Patent & Trademark Office He is also a member of the Minnesota State Bar Association.
Read More >> http://www.ipwatchdog.com/2018/02/09/patterson-thuente-christian-girtz-partner/id=93452/
Wednesday, February 7, 2018
Andrei Iancu Named US Patent And Trademark Office Director
By: DUGIE STANDEFORD
06/02/2018
By a vote of 94-0, the United States Senate on 5 February confirmed California intellectual property litigator Andrei Iancu as next director of the US Patent and Trademark Office (USPTO). The new Under Secretary of Commerce for Intellectual Property is currently managing partner of Irell & Manella LLP’s Los Angeles firm. The patent and trademark communities wished Iancu luck but said there are many issues at the agency that need his attention.
Iancu’s practice focused on IP litigation as well as patent and trademark prosecution, his bio says (https://www.irell.com/professionals-90.html). His clients came from across the technology spectrum, including those associated with medical devices, genetic testing, telephony and video game systems, it says. In addition, Iancu has taught patent law at the UCLA School of Law.
The firm Iancu works at once defended Donald Trump (who appointed Iancu to the USPTO post) and others including NBC Universal in a copyright case involving reality TV show “The Apprentice.” Also, Iancu did work that led to settlements of more than $1.6 billion being paid out to TiVo in patent cases against EchoStar, AT&T, Verizon, Microsoft, Motorola and Cisco, The Hill news site reported.
American Intellectual Property Law Association President Myra McCormack pledged to work with the office “in a constructive manner to always look for ways to keep improving the intellectual property system.”
The Computer & Communications Industry Association said it hopes the new director “can withstand pressure from those who are now successfully misusing the patent system and implement changes to curb that abuse.” The office and Congress should be working to remove some of the tools that allow patent trolls to broaden their reach and harm innovation, said CCIA President Ed Black. He urged Iancu to expand the inter-partes (IPR) review system, which allows third parties to challenge the validity of granted patents in the Patent Trial and Appeal Board (PTAB), saying it would “help the patent examiners remedy situations where patent trolls are using weak or mistakenly issued patents to abuse the system.”
IPR changes were also on the wish list of CCIA patent counsel Josh Landau. Among other things, Landau also said the office should take an active role in developing patent jurisprudence – such as in the emerging areas of virtual and augmented reality — rather than reacting to patent practice issues after the fact.
“As a longtime patent attorney and patent litigator, Iancu brings both a wealth of experience and understanding of the system,” University of Missouri Law School Professor Dennis Crouch blogged.
Iancu “has a clear understanding of the importance of strong patent rights and a strong US patent system to American innovation, job creation and competitiveness,” said Innovation Alliance Executive Director Brian Pomper.
The Intellectual Property Owners Association congratulated Iancu “on his appointment to a post so critical to American innovation and creativity.”
The USPTO has been awaiting a new director for nearly a year since Michelle Lee departed, despite reported efforts to stay on, supported by the high-tech industry.
[Update:] As counterfeiting continues to be a growing and pervasive problem for brand owners and consumers, the International Trademark Association said, it wants to work closely with the USPTO on strengthening IP rights and protections in the US and globally.
Patent analyst Gregory Aharonian questioned the appointment of a patent litigator to head the USPTO. “For decades, the USPTO has made no progress [toward] improving patent quality, pendency, their archaic IT systems, labor-management conditions,” he emailed. The office has done nothing to develop better patent drafting guidelines to help applicants obtain patents more quickly and cheaply, he said. The new director may be an excellent patent litigator “but what does that have to do with” those issues? As long as the problems remain unresolved, there will be more unnecessary patent litigation, Aharonian said. Iancu won’t “shake things up that are needed to improve the system for inventors and applicants,” he added.
Adobe’s Dana Rao, vice president of intellectual property and litigation, congratulated Iancu in a statement, saying: ” As a technology company, innovation is one of the most critical components of our success, so we are thrilled that the PTO has a permanent director who will help lead the office at this critical time. Adobe is looking forward to working with Mr. Iancu to protect the nation’s inventors, secure trade secrets and promote a culture of innovation.”
Rao added, “Adobe would also like to thank Acting PTO Director Joseph Matal for his work over the last six months as well as former director Michelle Lee for her work improving patent quality and transparency while reforming a number of processes at the PTO to make obtaining a patent fairer and more straightforward for innovators.”
David Hirschmann, president and CEO of the U.S. Chamber’s Global Innovation Policy Center (GIPC), said in a statement: “A stable, predictable, and strong intellectual property framework fosters a healthy environment for innovation and creativity. The Chamber looks forward to working with Director Iancu to preserve American inventors’ right to deliver and benefit from the breakthroughs they make across a variety of sectors. We stand ready to assist Director Iancu in his efforts to help spur the American innovative spirit.”
Source >> https://www.ip-watch.org/2018/02/06/andrei-iancu-named-us-patent-trademark-office-director/
06/02/2018
By a vote of 94-0, the United States Senate on 5 February confirmed California intellectual property litigator Andrei Iancu as next director of the US Patent and Trademark Office (USPTO). The new Under Secretary of Commerce for Intellectual Property is currently managing partner of Irell & Manella LLP’s Los Angeles firm. The patent and trademark communities wished Iancu luck but said there are many issues at the agency that need his attention.
Iancu’s practice focused on IP litigation as well as patent and trademark prosecution, his bio says (https://www.irell.com/professionals-90.html). His clients came from across the technology spectrum, including those associated with medical devices, genetic testing, telephony and video game systems, it says. In addition, Iancu has taught patent law at the UCLA School of Law.
The firm Iancu works at once defended Donald Trump (who appointed Iancu to the USPTO post) and others including NBC Universal in a copyright case involving reality TV show “The Apprentice.” Also, Iancu did work that led to settlements of more than $1.6 billion being paid out to TiVo in patent cases against EchoStar, AT&T, Verizon, Microsoft, Motorola and Cisco, The Hill news site reported.
American Intellectual Property Law Association President Myra McCormack pledged to work with the office “in a constructive manner to always look for ways to keep improving the intellectual property system.”
The Computer & Communications Industry Association said it hopes the new director “can withstand pressure from those who are now successfully misusing the patent system and implement changes to curb that abuse.” The office and Congress should be working to remove some of the tools that allow patent trolls to broaden their reach and harm innovation, said CCIA President Ed Black. He urged Iancu to expand the inter-partes (IPR) review system, which allows third parties to challenge the validity of granted patents in the Patent Trial and Appeal Board (PTAB), saying it would “help the patent examiners remedy situations where patent trolls are using weak or mistakenly issued patents to abuse the system.”
IPR changes were also on the wish list of CCIA patent counsel Josh Landau. Among other things, Landau also said the office should take an active role in developing patent jurisprudence – such as in the emerging areas of virtual and augmented reality — rather than reacting to patent practice issues after the fact.
“As a longtime patent attorney and patent litigator, Iancu brings both a wealth of experience and understanding of the system,” University of Missouri Law School Professor Dennis Crouch blogged.
Iancu “has a clear understanding of the importance of strong patent rights and a strong US patent system to American innovation, job creation and competitiveness,” said Innovation Alliance Executive Director Brian Pomper.
The Intellectual Property Owners Association congratulated Iancu “on his appointment to a post so critical to American innovation and creativity.”
The USPTO has been awaiting a new director for nearly a year since Michelle Lee departed, despite reported efforts to stay on, supported by the high-tech industry.
[Update:] As counterfeiting continues to be a growing and pervasive problem for brand owners and consumers, the International Trademark Association said, it wants to work closely with the USPTO on strengthening IP rights and protections in the US and globally.
Patent analyst Gregory Aharonian questioned the appointment of a patent litigator to head the USPTO. “For decades, the USPTO has made no progress [toward] improving patent quality, pendency, their archaic IT systems, labor-management conditions,” he emailed. The office has done nothing to develop better patent drafting guidelines to help applicants obtain patents more quickly and cheaply, he said. The new director may be an excellent patent litigator “but what does that have to do with” those issues? As long as the problems remain unresolved, there will be more unnecessary patent litigation, Aharonian said. Iancu won’t “shake things up that are needed to improve the system for inventors and applicants,” he added.
Adobe’s Dana Rao, vice president of intellectual property and litigation, congratulated Iancu in a statement, saying: ” As a technology company, innovation is one of the most critical components of our success, so we are thrilled that the PTO has a permanent director who will help lead the office at this critical time. Adobe is looking forward to working with Mr. Iancu to protect the nation’s inventors, secure trade secrets and promote a culture of innovation.”
Rao added, “Adobe would also like to thank Acting PTO Director Joseph Matal for his work over the last six months as well as former director Michelle Lee for her work improving patent quality and transparency while reforming a number of processes at the PTO to make obtaining a patent fairer and more straightforward for innovators.”
David Hirschmann, president and CEO of the U.S. Chamber’s Global Innovation Policy Center (GIPC), said in a statement: “A stable, predictable, and strong intellectual property framework fosters a healthy environment for innovation and creativity. The Chamber looks forward to working with Director Iancu to preserve American inventors’ right to deliver and benefit from the breakthroughs they make across a variety of sectors. We stand ready to assist Director Iancu in his efforts to help spur the American innovative spirit.”
Source >> https://www.ip-watch.org/2018/02/06/andrei-iancu-named-us-patent-trademark-office-director/
Wednesday, January 31, 2018
Can You Patent or Trademark Your Original Recipes?
By: MONA BUSHNELL
Protecting your original recipes with a patent isn't easy, but it is possible. Here's how.
Stealing recipes is a time-honored tradition for home cooks and professionals alike. One need only peruse the world of food bloggers for five minutes to discover just how many people have an "original" recipe for chocolate chip cookies that varies by about 4 teaspoons of sugar or two minutes of cooking time. With so many people out there ready and willing to take credit for other chefs' work, many restaurateurs and food industry pros are naturally curious about what they can do to protect their original creations.
Here's the thing: It is possible to patent food products and to trademark food names, but the constraints are very narrow and don't apply to the types of foods sold in most independent restaurants.
How to patent a recipe
A recipe may be successfully patented if it meets several criteria. First, the recipe in question must be novel. That means it cannot be a food item previously familiar to the public or an obvious combination of pre-existing food items. For example, if you decide to take brownies and chocolate chip cookies, and mix them with coffee ice cream for a flavor called Coffee Brownie Chip, you'll have a tough time getting that patented. The reason is that, even if no one else has sold that exact combination before, the notion of combining candy and cookies into ice cream is well-trodden territory, and therefore it's not a novel product. If it's possible for a fellow chef to taste your recipe and discern what's in it and how it was made, that's a surefire sign your recipe isn't novel enough for a patent.
Now, if you found a way to make Coffee Brownie Chip ice cream with a totally unique food formulation or process, like by using spinach instead of milk and cream, or by freezing it in a way that's never been done before (if you invented the freezing process used, for example), you have a better shot at getting a patent. Remember, a patent is for the protection of an original invention, so your recipe can't just be the best barbecue sauce ever – it must be something that breaks the mold in terms of formulation or process, or both.
These guidelines make it difficult, bordering on impossible, to protect recipes under patent law unless you are part of a food science lab, backed by a large food corporation, or part of a powerful chain or franchise. For most independent food retailers, restaurants, cafes, bakeries and boutique food companies, there's no point in even trying to get a patent.
Trademarking a recipe
While patenting a recipe is extremely difficult, it is possible to trademark a recipe or food item for branding purposes. Trademarking the name of a food item won't prevent someone from stealing, recreating or selling your recipe, but it will prevent the competition from advertising it by the same name. This is evident in the proliferation of "dupe" recipes online. It's not illegal for a chef to figure out how a popular soda is made and then publish the recipe, or even make it herself and sell it in her restaurant. However, she cannot call the soda by the name it goes by on the grocery store shelves, because that name is trademarked.
Fast food and chain restaurants are great at the trademarking approach, but it can work for smaller businesses as well. In many cases of trademarked foods, the trademarked name eventually becomes more powerful than the food item itself. Anyone can cook a processed frozen burger, slap on some dehydrated onions and sell it, but only one restaurant in the world can legally serve a Big Mac.
What to do if you can't patent or trademark
You've probably heard the term "trade secret" before, and it's probably the oldest and most effective way of protecting original recipes, but it isn't legally binding. A trade secret essentially means that you have developed an internal system for maintaining secrecy, without legal recourse if things go wrong. The key to maintaining a trade secret is having a trustworthy staff and staying tight-lipped about the secret ingredients and cooking processes for your best sellers.
Source >> https://www.business.com/articles/can-you-patent-a-recipe/
Protecting your original recipes with a patent isn't easy, but it is possible. Here's how.
Stealing recipes is a time-honored tradition for home cooks and professionals alike. One need only peruse the world of food bloggers for five minutes to discover just how many people have an "original" recipe for chocolate chip cookies that varies by about 4 teaspoons of sugar or two minutes of cooking time. With so many people out there ready and willing to take credit for other chefs' work, many restaurateurs and food industry pros are naturally curious about what they can do to protect their original creations.
Here's the thing: It is possible to patent food products and to trademark food names, but the constraints are very narrow and don't apply to the types of foods sold in most independent restaurants.
How to patent a recipe
A recipe may be successfully patented if it meets several criteria. First, the recipe in question must be novel. That means it cannot be a food item previously familiar to the public or an obvious combination of pre-existing food items. For example, if you decide to take brownies and chocolate chip cookies, and mix them with coffee ice cream for a flavor called Coffee Brownie Chip, you'll have a tough time getting that patented. The reason is that, even if no one else has sold that exact combination before, the notion of combining candy and cookies into ice cream is well-trodden territory, and therefore it's not a novel product. If it's possible for a fellow chef to taste your recipe and discern what's in it and how it was made, that's a surefire sign your recipe isn't novel enough for a patent.
Now, if you found a way to make Coffee Brownie Chip ice cream with a totally unique food formulation or process, like by using spinach instead of milk and cream, or by freezing it in a way that's never been done before (if you invented the freezing process used, for example), you have a better shot at getting a patent. Remember, a patent is for the protection of an original invention, so your recipe can't just be the best barbecue sauce ever – it must be something that breaks the mold in terms of formulation or process, or both.
These guidelines make it difficult, bordering on impossible, to protect recipes under patent law unless you are part of a food science lab, backed by a large food corporation, or part of a powerful chain or franchise. For most independent food retailers, restaurants, cafes, bakeries and boutique food companies, there's no point in even trying to get a patent.
Trademarking a recipe
While patenting a recipe is extremely difficult, it is possible to trademark a recipe or food item for branding purposes. Trademarking the name of a food item won't prevent someone from stealing, recreating or selling your recipe, but it will prevent the competition from advertising it by the same name. This is evident in the proliferation of "dupe" recipes online. It's not illegal for a chef to figure out how a popular soda is made and then publish the recipe, or even make it herself and sell it in her restaurant. However, she cannot call the soda by the name it goes by on the grocery store shelves, because that name is trademarked.
Fast food and chain restaurants are great at the trademarking approach, but it can work for smaller businesses as well. In many cases of trademarked foods, the trademarked name eventually becomes more powerful than the food item itself. Anyone can cook a processed frozen burger, slap on some dehydrated onions and sell it, but only one restaurant in the world can legally serve a Big Mac.
What to do if you can't patent or trademark
You've probably heard the term "trade secret" before, and it's probably the oldest and most effective way of protecting original recipes, but it isn't legally binding. A trade secret essentially means that you have developed an internal system for maintaining secrecy, without legal recourse if things go wrong. The key to maintaining a trade secret is having a trustworthy staff and staying tight-lipped about the secret ingredients and cooking processes for your best sellers.
Source >> https://www.business.com/articles/can-you-patent-a-recipe/
Friday, December 29, 2017
Patent & trademark annuity fees
By: admin
You have just received your US utility patent or trademark, congratulations! But remember that unless you pay annuity fees (maintenance fees) during certain future time windows, your patent or trademark will expire early. No, you can’t pay these fees early. You must wait until the time window opens to pay.
Why do we have this system? IP (Intellectual Property) laws are intended to balance both public and private rights. The underlying idea is that if the IP is really important to you, then you will keep track of the payment windows. If it is not important to you (as evidenced by your forgetting to pay), then the public rights part of the policy kicks in. The IP rights get transferred back to the public.
Utility patents (the most common type of patent) will often have about a 17-20 year term (your mileage may vary), with maintenance fees due during specific time windows at 3-4, 7-8, and 11-12 years after issue. There is no requirement that patents actually have to be used to keep them in effect. So during these time windows, the USPTO will just ask you to affirm that you are authorized to pay, and take your money.
Trademarks have to be renewed during specific time windows at 5-6 and then every 9-10 years (forever) after issue. Unlike patents, trademarks are a “use it or lose it” type of IP. The USPTO, in addition to charging fees, also requires proof of actual use in commerce. They will deny renewal if this proof is absent or unconvincing.
The responsibility for ensuring that these annuity fees are paid ultimately rests with the IP owner. Although some law firms may occasionally send out courtesy reminder notices, such courtesy reminders should not be relied upon.
Instead, consider setting up your own reminder system. At a minimum, enter the dates into at least one (preferably two) long-term electronic calendars or other automatic reminder (docketing) systems, and keep these systems going.
Additionally, consider engaging a professional annuity service. A number of such annuity services exist. Without making any particular recommendations, some of these annuity services include: Computer Patent Annuities Global, Computer Packages Inc., Dennemeyer & Company, and Maxval.
Source >> http://patentassociate.com/patentblog/2017/12/24/patent-trademark-annuity-fees/
You have just received your US utility patent or trademark, congratulations! But remember that unless you pay annuity fees (maintenance fees) during certain future time windows, your patent or trademark will expire early. No, you can’t pay these fees early. You must wait until the time window opens to pay.
Why do we have this system? IP (Intellectual Property) laws are intended to balance both public and private rights. The underlying idea is that if the IP is really important to you, then you will keep track of the payment windows. If it is not important to you (as evidenced by your forgetting to pay), then the public rights part of the policy kicks in. The IP rights get transferred back to the public.
Utility patents (the most common type of patent) will often have about a 17-20 year term (your mileage may vary), with maintenance fees due during specific time windows at 3-4, 7-8, and 11-12 years after issue. There is no requirement that patents actually have to be used to keep them in effect. So during these time windows, the USPTO will just ask you to affirm that you are authorized to pay, and take your money.
Trademarks have to be renewed during specific time windows at 5-6 and then every 9-10 years (forever) after issue. Unlike patents, trademarks are a “use it or lose it” type of IP. The USPTO, in addition to charging fees, also requires proof of actual use in commerce. They will deny renewal if this proof is absent or unconvincing.
The responsibility for ensuring that these annuity fees are paid ultimately rests with the IP owner. Although some law firms may occasionally send out courtesy reminder notices, such courtesy reminders should not be relied upon.
Instead, consider setting up your own reminder system. At a minimum, enter the dates into at least one (preferably two) long-term electronic calendars or other automatic reminder (docketing) systems, and keep these systems going.
Additionally, consider engaging a professional annuity service. A number of such annuity services exist. Without making any particular recommendations, some of these annuity services include: Computer Patent Annuities Global, Computer Packages Inc., Dennemeyer & Company, and Maxval.
Source >> http://patentassociate.com/patentblog/2017/12/24/patent-trademark-annuity-fees/
Saturday, December 23, 2017
37 CFR – Patents, Trademarks, and Copyrights (Law) App Apk Review & Download Link For Android/iOS Smartphone
By Admin, 22 December 2017
37 CFR – Patents, Trademarks, and Copyrights (Law) Apk Download : Do you want to download 37 CFR – Patents, Trademarks, and Copyrights (Law) Mobile Application on your Android or iOS phone and want to know the description of 37 CFR – Patents, Trademarks, and Copyrights (Law) app. So, you have come to the right place, Because today in this article i am going to tell you how you can Download 37 CFR – Patents, Trademarks, and Copyrights (Law) App Apk by Tekk Innovations LLC for free by using your Android or iOS Smartphone. Till the date of writing this Post this Application already receives star rating from Apple’s App Store and review all around the World, If you are also one of them Who wants to download 37 CFR – Patents, Trademarks, and Copyrights (Law) software Apk File for Free without any worry then Follow the steps which is given below.
Full Description About 37 CFR – Patents, Trademarks, and Copyrights (Law)
LawStack’s complete Title 37 Code of Federal Regulations (CFR), Patents, Trademarks, and Copyrights. Leave the heavy books at home and buy this app now.
• Free one-week trial. Renew thereafter via in-app purchase.
• Complete offline access.
• All tables and images included.
• Add custom bookmarks, highlighting, and notes.
• Full-text search and other advanced search options.
• Email and share sections or selected content with colleagues.
Question, comments, or feature requests? Need specific updates? Email us at support@lawstack.com.
Disclaimer: The information in this app is not intended to replace official versions, is subject to revision, and should not be considered legal advice. Tekk Innovations LLC presents this information without warranties, express or implied, regarding accuracy, timeliness, or completeness. In addition, this disclaimer may change at anytime. When necessary, consult primary source material.
Read More >> https://tech24talk.com/37-cfr-patents-trademarks-and-copyrights-law-app-apk-review-download-link-for-android-ios-smartphone/
37 CFR – Patents, Trademarks, and Copyrights (Law) Apk Download : Do you want to download 37 CFR – Patents, Trademarks, and Copyrights (Law) Mobile Application on your Android or iOS phone and want to know the description of 37 CFR – Patents, Trademarks, and Copyrights (Law) app. So, you have come to the right place, Because today in this article i am going to tell you how you can Download 37 CFR – Patents, Trademarks, and Copyrights (Law) App Apk by Tekk Innovations LLC for free by using your Android or iOS Smartphone. Till the date of writing this Post this Application already receives star rating from Apple’s App Store and review all around the World, If you are also one of them Who wants to download 37 CFR – Patents, Trademarks, and Copyrights (Law) software Apk File for Free without any worry then Follow the steps which is given below.
Full Description About 37 CFR – Patents, Trademarks, and Copyrights (Law)
LawStack’s complete Title 37 Code of Federal Regulations (CFR), Patents, Trademarks, and Copyrights. Leave the heavy books at home and buy this app now.
• Free one-week trial. Renew thereafter via in-app purchase.
• Complete offline access.
• All tables and images included.
• Add custom bookmarks, highlighting, and notes.
• Full-text search and other advanced search options.
• Email and share sections or selected content with colleagues.
Question, comments, or feature requests? Need specific updates? Email us at support@lawstack.com.
Disclaimer: The information in this app is not intended to replace official versions, is subject to revision, and should not be considered legal advice. Tekk Innovations LLC presents this information without warranties, express or implied, regarding accuracy, timeliness, or completeness. In addition, this disclaimer may change at anytime. When necessary, consult primary source material.
Read More >> https://tech24talk.com/37-cfr-patents-trademarks-and-copyrights-law-app-apk-review-download-link-for-android-ios-smartphone/
Friday, December 22, 2017
LET’S HEAR FROM AN EXPERT: LESLEY WALLERSTEIN, PATENT, TRADEMARK, AND COPYRIGHT ATTORNEY
By: Hélène
If someone has an idea for a new product or service, why should they hire legal help?
Shark Tank has made invention cool and sexy, but there is a whole other side of building a business around an idea that can be, in all fairness, dry and tedious. There are laws concerning safety, taxes, and intellectual property that come into play and that do affect a business’ bottom line. It is so important to know what these are going in, so that you can plan ahead and avoid unnecessary expenses and surprises. An experienced business attorney consulted early in the process knows the typical bumps in the road and can prepare you for what you are getting into. Get your road map in place first, then kick back and enjoy the ride.
What are the risks of not patenting an idea or trademarking a service?
It depends entirely on the product or the service. Not everyone needs a patent or a trademark, but a qualified attorney can help determine this. Patents protect not so much abstract ideas as much as tangible products and methods of making them (such as computers, pharmaceuticals, or cars). In a practical sense, patents give a person the right to prevent others from making, using, or selling their invention. Trademarks are similar, but protect a brand name and reputation (such as Coca-Cola, Adidas, or Apple computers).
These intellectual property rights are worth money. Patents and trademarks can be bought, sold, and licensed like any other property. As such, they give the owner the right to take to court anyone copying their idea or misusing their brand. If an idea or brand takes off and the owner has no protection, he risks others copying him and consequently losing his position in the marketplace. There are important financial consequences to be considered and an attorney can help decide whether it is worth the time and money to invest in patent and/or trademark protection.
What are the steps to patent an idea or trademark a service? How long does it typically take?
Actually, the overall steps are similar for both patents and trademarks. Many attorneys offer a preliminary patent or trademark search. Both patent and trademark searches can provide two very important pieces of information: the likelihood of receiving a patent or trademark and also the risk of infringing on other, existing, patent or trademark owners.
With the Internet it is possible to do a baseline search on one’s own, and many clients begin there. To supplement that, I typically recommend an independent and professional search because those examine databases not available to the general public. Spending the money in a quality search up front saves the client money that would be spent later re-manufacturing, re-designing, and re-branding a product or name that already exists or, in a worst case scenario, defending against accusations of infringement.
A patent or trademark attorney can then interpret the search and advise the best course of action. A quality search and attorney’s opinion can take about two weeks—sometimes more, sometimes less.
Most trademark applications can be completed in about an hour. Patent applications typically require more time; how much time depends greatly on the technology and the type of patent. Both can be filed electronically and both get examined by a professional, either another trademark attorney or a highly specialized patent examiner. Trademarks typically take nine months to issue. Sometimes it takes longer, sometimes shorter. Patents take more time, anywhere from a year to two and a half years or more.
Can one go through this process alone? What is the value of hiring a patent and trademark attorney?
Yes. It is entirely possible to file patent and trademark applications without an attorney. However, for both patents and trademarks, there is much more than just filling out forms and paying fees. I cannot emphasize this enough. This is where having done a pre-filing search really pays off. Based on the initial search, an experienced patent or trademark attorney will know strategically which application to submit, what to include in the application, when to submit it, and what to say. He or she will be able to monitor important deadlines and fees, and to understand how to respond to the patent or trademark examiner when something goes wrong. Many times it does.
What can one expect to pay for such an attorney? Why is it worth it in the long run?
Fees vary greatly with the attorney’s location, experience, and qualifications. As a general rule, you will pay more for an attorney in a large city and more for an experienced attorney. You will typically pay more for patent attorneys in particular because of the technology degree and extra license they must have in order to call themselves patent attorneys. Patent agents, who have similar qualifications except are not attorneys, can also help prosecute patent applications for somewhat less than patent attorneys. You can search for licensed patent attorneys and agents at the U.S. Patent & Trademark Office website.
Many, though not all, patent and trademark attorneys offer free or low-cost initial consultations for general information. However, if you want specific legal advice about a particular case, you should expect to pay the attorney’s customary hourly fee. Typical hourly fees for patent and trademark attorneys in the north suburbs of Chicago, for example, start at $275 and go up from there. Some attorneys offer fixed fee arrangements and payment plans to make their services more affordable. Most important is to find an attorney you like and trust.
Read MOre >> http://nextactforwomen.com/business-and-consulting/lets-hear-from-an-expert-lesley-wallerstein-patent-trademark-and-copyright-attorney/
If someone has an idea for a new product or service, why should they hire legal help?
Shark Tank has made invention cool and sexy, but there is a whole other side of building a business around an idea that can be, in all fairness, dry and tedious. There are laws concerning safety, taxes, and intellectual property that come into play and that do affect a business’ bottom line. It is so important to know what these are going in, so that you can plan ahead and avoid unnecessary expenses and surprises. An experienced business attorney consulted early in the process knows the typical bumps in the road and can prepare you for what you are getting into. Get your road map in place first, then kick back and enjoy the ride.
What are the risks of not patenting an idea or trademarking a service?
It depends entirely on the product or the service. Not everyone needs a patent or a trademark, but a qualified attorney can help determine this. Patents protect not so much abstract ideas as much as tangible products and methods of making them (such as computers, pharmaceuticals, or cars). In a practical sense, patents give a person the right to prevent others from making, using, or selling their invention. Trademarks are similar, but protect a brand name and reputation (such as Coca-Cola, Adidas, or Apple computers).
These intellectual property rights are worth money. Patents and trademarks can be bought, sold, and licensed like any other property. As such, they give the owner the right to take to court anyone copying their idea or misusing their brand. If an idea or brand takes off and the owner has no protection, he risks others copying him and consequently losing his position in the marketplace. There are important financial consequences to be considered and an attorney can help decide whether it is worth the time and money to invest in patent and/or trademark protection.
What are the steps to patent an idea or trademark a service? How long does it typically take?
Actually, the overall steps are similar for both patents and trademarks. Many attorneys offer a preliminary patent or trademark search. Both patent and trademark searches can provide two very important pieces of information: the likelihood of receiving a patent or trademark and also the risk of infringing on other, existing, patent or trademark owners.
With the Internet it is possible to do a baseline search on one’s own, and many clients begin there. To supplement that, I typically recommend an independent and professional search because those examine databases not available to the general public. Spending the money in a quality search up front saves the client money that would be spent later re-manufacturing, re-designing, and re-branding a product or name that already exists or, in a worst case scenario, defending against accusations of infringement.
A patent or trademark attorney can then interpret the search and advise the best course of action. A quality search and attorney’s opinion can take about two weeks—sometimes more, sometimes less.
Most trademark applications can be completed in about an hour. Patent applications typically require more time; how much time depends greatly on the technology and the type of patent. Both can be filed electronically and both get examined by a professional, either another trademark attorney or a highly specialized patent examiner. Trademarks typically take nine months to issue. Sometimes it takes longer, sometimes shorter. Patents take more time, anywhere from a year to two and a half years or more.
Can one go through this process alone? What is the value of hiring a patent and trademark attorney?
Yes. It is entirely possible to file patent and trademark applications without an attorney. However, for both patents and trademarks, there is much more than just filling out forms and paying fees. I cannot emphasize this enough. This is where having done a pre-filing search really pays off. Based on the initial search, an experienced patent or trademark attorney will know strategically which application to submit, what to include in the application, when to submit it, and what to say. He or she will be able to monitor important deadlines and fees, and to understand how to respond to the patent or trademark examiner when something goes wrong. Many times it does.
What can one expect to pay for such an attorney? Why is it worth it in the long run?
Fees vary greatly with the attorney’s location, experience, and qualifications. As a general rule, you will pay more for an attorney in a large city and more for an experienced attorney. You will typically pay more for patent attorneys in particular because of the technology degree and extra license they must have in order to call themselves patent attorneys. Patent agents, who have similar qualifications except are not attorneys, can also help prosecute patent applications for somewhat less than patent attorneys. You can search for licensed patent attorneys and agents at the U.S. Patent & Trademark Office website.
Many, though not all, patent and trademark attorneys offer free or low-cost initial consultations for general information. However, if you want specific legal advice about a particular case, you should expect to pay the attorney’s customary hourly fee. Typical hourly fees for patent and trademark attorneys in the north suburbs of Chicago, for example, start at $275 and go up from there. Some attorneys offer fixed fee arrangements and payment plans to make their services more affordable. Most important is to find an attorney you like and trust.
Read MOre >> http://nextactforwomen.com/business-and-consulting/lets-hear-from-an-expert-lesley-wallerstein-patent-trademark-and-copyright-attorney/
Saturday, December 16, 2017
Patents, trademarks, copyrights: Protecting intellectual property a must for Topeka’s Bartlett & West
By: Morgan Chilson
Patents 9,533,698 and 9,771,090 protect the design of a railway monitoring system owned by Topeka’s Bartlett &West and Kentucky-based R.J. Corman Railroad Group.
On file with the U.S. Patent &Trademark Office, the patents represent years of work and immersion in a complex process of patent law that they initially didn’t know anything about, said B&W president Keith Warta. His name, along with the names of Bartlett employees Douglas Morrison and Chris Cobb, and employees with R.J. Corman appear on the patent.
Patents are the way that people legally protect their inventions, said Overland Park patent attorney Thomas Luebbering, who worked with Bartlett &West on the patent process. “It doesn’t matter what you call it, it doesn’t matter about the manuscript or any copyright, it’s the invention, the product itself and any structural or functional aspects of the product.”
People often are confused about the difference between patent, copyright and trademark.
SEE ALSO
Exclusive: Video shows officer’s use of force in unlawful arrest, contributing to $400K Topeka has paid for police actions since 2010
‘Cash’: Svi Mykhailiuk’s late 3 saves KU basketball at Nebraska, snaps two-game losing skid
“What a copyright covers are basically creative works of authorship, manuscripts, books, paintings, anything you would think of as a creative work for authorship, and that’s copyrightable,” Luebbering said. “You won the copyright the moment the work is created. So if you sit down and write a poem, you can immediately write on there copyright 2017. You can also register it with the copyright office, but you don’t have to.”
A trademark covers a mark itself, which is anything that is used to identify products or services, he said. The three things can co-exist.
“If you invented a new mobile phone, that one device would have a patent on whatever structural things you invented with your phone, trademark on the name you applied to it, and it would have a copyright on some of the artistic parts,” Luebbering said.
For the Bartlett &West team that worked on the rail monitoring system, the patenting process was complex, and members appreciated the way Luebbering’s firm helped them work through all the steps.
Bartlett &West sought the patent when it was a conceptual idea and didn’t have a lot of detail supporting it, Warta said. They contacted Luebbering, who explained that patent law had changed around 2013 to give the patent to the first person to file, not the first person to invent.
Once the three men understood the significance, they filed a patent as quickly as they could, even though a team of people at Bartlett &West was working on the details that would make the rail system a reality.
That shift in the law was significant, Luebbering said. Previously, if an inventor could prove he was working on an invention first, the patent would be given to him. Now, it’s a race to the patent office.
“It doesn’t matter that you invented yours first, if I file before you do, then my application is taken priority over yours,” he said. “You would lose your patent right, and I would gain. It’s really changed things quite a bit. Now inventors, if they want to file a patent, are well advised to move quickly and get something filed right away.”
That was the first of many patent law complexities that Warta, Morrison and Cobb were exposed to as they began to understand the detail they would need to protect their technology.
Early on in the project, Cobb said they considered the idea might be patentable. As they figured out how much financial investment they had in purchasing components, they “got serious about trying to protect that investment,” he said.
They were surprised, though, at how long and challenging the process was.
“Things never move as fast as you would like for them to move,” Warta said. “You think this is an idea and it’s going to catch on and we’re going to be able to bring value to our clients within a matter of weeks or months. It just drags out.”
They began working with Luebbering in 2014, although initial ideas for their system had come up in 2011, Cobb said.
“Our initial patent was issued on Jan. 3, 2017, and we now have a second one that is related to the first one,” he said.
The men were challenged to keep “inventor’s notebooks,” which are expected to contain every single detail of the process.
“I think the biggest challenge for us was once you identify that you have an idea that’s patentable is to identify every claim step,” Morrison said. “You have to make a claim of what your patentable technology does, and then you have to have art that represents that.”
Going back to 2011 when they first purchased a LIDAR scanner, basically a 3-D scanner, they had to re-create and write down every step, with supporting art or designs, he said.
“So we had to get into things like inventors notebooks and we had to keep track of every thought process that goes down,” Morrison said. “You have to date and timestamp it, sign it, and all of that history has to come forward into these claims. The patent attorneys are invaluable in that process because it’s a lot of abstract kind of thought out there that we’re bringing into a product that we want to protect.”
Read More >> http://cjonline.com/news/business/2017-10-21/patents-trademarks-copyrights-protecting-intellectual-property-must-topeka
Patents 9,533,698 and 9,771,090 protect the design of a railway monitoring system owned by Topeka’s Bartlett &West and Kentucky-based R.J. Corman Railroad Group.
On file with the U.S. Patent &Trademark Office, the patents represent years of work and immersion in a complex process of patent law that they initially didn’t know anything about, said B&W president Keith Warta. His name, along with the names of Bartlett employees Douglas Morrison and Chris Cobb, and employees with R.J. Corman appear on the patent.
Patents are the way that people legally protect their inventions, said Overland Park patent attorney Thomas Luebbering, who worked with Bartlett &West on the patent process. “It doesn’t matter what you call it, it doesn’t matter about the manuscript or any copyright, it’s the invention, the product itself and any structural or functional aspects of the product.”
People often are confused about the difference between patent, copyright and trademark.
SEE ALSO
Exclusive: Video shows officer’s use of force in unlawful arrest, contributing to $400K Topeka has paid for police actions since 2010
‘Cash’: Svi Mykhailiuk’s late 3 saves KU basketball at Nebraska, snaps two-game losing skid
“What a copyright covers are basically creative works of authorship, manuscripts, books, paintings, anything you would think of as a creative work for authorship, and that’s copyrightable,” Luebbering said. “You won the copyright the moment the work is created. So if you sit down and write a poem, you can immediately write on there copyright 2017. You can also register it with the copyright office, but you don’t have to.”
A trademark covers a mark itself, which is anything that is used to identify products or services, he said. The three things can co-exist.
“If you invented a new mobile phone, that one device would have a patent on whatever structural things you invented with your phone, trademark on the name you applied to it, and it would have a copyright on some of the artistic parts,” Luebbering said.
For the Bartlett &West team that worked on the rail monitoring system, the patenting process was complex, and members appreciated the way Luebbering’s firm helped them work through all the steps.
Bartlett &West sought the patent when it was a conceptual idea and didn’t have a lot of detail supporting it, Warta said. They contacted Luebbering, who explained that patent law had changed around 2013 to give the patent to the first person to file, not the first person to invent.
Once the three men understood the significance, they filed a patent as quickly as they could, even though a team of people at Bartlett &West was working on the details that would make the rail system a reality.
That shift in the law was significant, Luebbering said. Previously, if an inventor could prove he was working on an invention first, the patent would be given to him. Now, it’s a race to the patent office.
“It doesn’t matter that you invented yours first, if I file before you do, then my application is taken priority over yours,” he said. “You would lose your patent right, and I would gain. It’s really changed things quite a bit. Now inventors, if they want to file a patent, are well advised to move quickly and get something filed right away.”
That was the first of many patent law complexities that Warta, Morrison and Cobb were exposed to as they began to understand the detail they would need to protect their technology.
Early on in the project, Cobb said they considered the idea might be patentable. As they figured out how much financial investment they had in purchasing components, they “got serious about trying to protect that investment,” he said.
They were surprised, though, at how long and challenging the process was.
“Things never move as fast as you would like for them to move,” Warta said. “You think this is an idea and it’s going to catch on and we’re going to be able to bring value to our clients within a matter of weeks or months. It just drags out.”
They began working with Luebbering in 2014, although initial ideas for their system had come up in 2011, Cobb said.
“Our initial patent was issued on Jan. 3, 2017, and we now have a second one that is related to the first one,” he said.
The men were challenged to keep “inventor’s notebooks,” which are expected to contain every single detail of the process.
“I think the biggest challenge for us was once you identify that you have an idea that’s patentable is to identify every claim step,” Morrison said. “You have to make a claim of what your patentable technology does, and then you have to have art that represents that.”
Going back to 2011 when they first purchased a LIDAR scanner, basically a 3-D scanner, they had to re-create and write down every step, with supporting art or designs, he said.
“So we had to get into things like inventors notebooks and we had to keep track of every thought process that goes down,” Morrison said. “You have to date and timestamp it, sign it, and all of that history has to come forward into these claims. The patent attorneys are invaluable in that process because it’s a lot of abstract kind of thought out there that we’re bringing into a product that we want to protect.”
Read More >> http://cjonline.com/news/business/2017-10-21/patents-trademarks-copyrights-protecting-intellectual-property-must-topeka
Thursday, December 14, 2017
37 CFR – Patents, Trademarks, and Copyrights (Law) App Apk Download (For Android & iOS)
By: Peeter, 13 December 2017
37 CFR – Patents, Trademarks, and Copyrights (Law) Application Apk Download For Free in your Mobile Phone
LawStack’s complete Title 37 Code of Federal Regulations (CFR), Patents, Trademarks, and Copyrights. Leave the heavy books at home and buy this app now.
• Free one-week trial. Renew thereafter via in-app purchase.
• Complete offline access.
• All tables and images included.
• Add custom bookmarks, highlighting, and notes.
• Full-text search and other advanced search options.
• Email and share sections or selected content with colleagues.
Question, comments, or feature requests? Need specific updates? Email us at support@lawstack.com.
Disclaimer: The information in this app is not intended to replace official versions, is subject to revision, and should not be considered legal advice. Tekk Innovations LLC presents this information without warranties, express or implied, regarding accuracy, timeliness, or completeness. In addition, this disclaimer may change at anytime. When necessary, consult primary source material.
Full info About 37 CFR – Patents, Trademarks, and Copyrights (Law) App
37 CFR – Patents, Trademarks, and Copyrights (Law) App is Created by Tekk Innovations LLC and this Mobile App is First uploaded on 2009-08-13 01:47:40 for first time of Apple’s App store and Android’s Google play store. This (usefull|great|simple} Software receives overall *Star* rating From its users who already install this application on Their mobile phone.
37 CFR – Patents, Trademarks, and Copyrights (Law) is an App for Android phones This Application is available for iOS devices too. This little piece of Software falls under Reference category and have 57,090.00 kb File size on play store.
Read More >> https://crackednull.com/37-cfr-patents-trademarks-and-copyrights-law-app-apk-download-for-android-ios
37 CFR – Patents, Trademarks, and Copyrights (Law) Application Apk Download For Free in your Mobile Phone
LawStack’s complete Title 37 Code of Federal Regulations (CFR), Patents, Trademarks, and Copyrights. Leave the heavy books at home and buy this app now.
• Free one-week trial. Renew thereafter via in-app purchase.
• Complete offline access.
• All tables and images included.
• Add custom bookmarks, highlighting, and notes.
• Full-text search and other advanced search options.
• Email and share sections or selected content with colleagues.
Question, comments, or feature requests? Need specific updates? Email us at support@lawstack.com.
Disclaimer: The information in this app is not intended to replace official versions, is subject to revision, and should not be considered legal advice. Tekk Innovations LLC presents this information without warranties, express or implied, regarding accuracy, timeliness, or completeness. In addition, this disclaimer may change at anytime. When necessary, consult primary source material.
Full info About 37 CFR – Patents, Trademarks, and Copyrights (Law) App
37 CFR – Patents, Trademarks, and Copyrights (Law) App is Created by Tekk Innovations LLC and this Mobile App is First uploaded on 2009-08-13 01:47:40 for first time of Apple’s App store and Android’s Google play store. This (usefull|great|simple} Software receives overall *Star* rating From its users who already install this application on Their mobile phone.
37 CFR – Patents, Trademarks, and Copyrights (Law) is an App for Android phones This Application is available for iOS devices too. This little piece of Software falls under Reference category and have 57,090.00 kb File size on play store.
Read More >> https://crackednull.com/37-cfr-patents-trademarks-and-copyrights-law-app-apk-download-for-android-ios
Wednesday, December 13, 2017
What Every Entrepreneur Needs to Know About Patents
By: Minda Zetlin
You've just had a brilliant idea for a new product or invention. The first thing you should do is get a patent, right? Well, maybe not. First of all, patents are expensive, will require a lot of your time, and usually take three to five years to complete. (Will your idea still be valuable by then?)
Second, there's solid evidence that there are too many people out there registering patents. Why do I think that? Because most patent-holders lose money on the deal. According to the website Invention Statistics, only 2 to 3 percent of patented products ever make it to market, and only 1 percent turn a profit.
Still some people do beat those odds--Steve Jobs is one prominent example of someone who got very rich indeed off products he patented. Also, if your plan is to sell or license your invention to a company, you may need a patent to have something to sell.
Still thinking you may need or want to apply for a patent? Here are some things to consider.
1. A patent may not be what you need.
There are three commonly confused forms of intellectual property protection: patent, trademark, and copyright. A trademark is a word, phrase, or design that identifies a specific organization as the provider of product or service (often identified with a little R in a circle). It applies to things like company names and logos. Copyright applies to creative works such as books and movies (and this column), but also to software, which at its core is another form of writing, albeit in code. Patents are only appropriate for devices, products, or designs whose workings are non-obvious.
2. If you were an employee when you came up with your invention, you may not be able to patent it.
In the absence of any agreement to the contrary, your invention is yours alone. But some employers have employees sign agreements giving over the rights to their inventions when they are hired. And even without an agreement, if you were hired specifically to create the new invention--or for your invention skills in general--then even without such an agreement, the invention may belong to your employer and not to you.
3. You have plenty of time to decide.
You have up to one year from when your invention is first made public (by being put on sale, or announced) in which to patent it. And you can always file a provisional patent application, something like a save-the-date note for a wedding. It doesn't commit you to a formal patent application, and doesn't result in a patent, but it does allow you to claim your invention so that you can do a full patent application later.
4. On the other hand, you should document everything as early as possible.
That's because if someone else comes up with a similar product, who invented what when will become an important question. So keep thorough notes of when the invention was created, who worked on it, and how it was developed and tested. Have independent witnesses expert enough to understand the patent corroborate your documentation.
5. You may or may not need an attorney.
If you decide to apply for a patent, the first step is to do a patent search to make sure there are no existing patents on inventions similar to yours. You can do at least a preliminary search yourself here.
Many inventors hire a patent attorney to help them through the process, but you can also consider hiring a patent agent instead. The advantage is that a patent agent is usually much less expensive. However, if you ever need to defend your patent in court, you'll need an attorney. And whether you hire an attorney or agent, it's best to choose one who is registered with the U.S. Patent and Trademark Office.
6. You need a full-fledged product, or design, to get a patent.
There are two types of patents in general use, utility patents for fully developed devices and products, and design patents for items that haven't yet been created. You don't need to have every detail worked out--Google has a patent for a tattoo microphone that can light up if the speaker is lying, for instance. But you should have a good idea of how it will work. Your patent application will require both a detailed description and drawings if appropriate.
7. You'll need to think carefully about how much territory to claim.
The other aspect of your patent application will be the claim of exclusivity--the exclusive rights you hope to own if the patent is granted. This is a balancing act. If your description is too narrow--say a device that opens the garage door while brewing coffee and reciting the morning news--you can leave the field open for a knock-off device that opens the garage and makes coffee while playing your favorite songs. On the other hand, if you draw the parameters too wide--say a device that can perform several useful morning-related tasks--and your application may be rejected. Or, if you obtain the patent, it may not stand up in a lawsuit.
8. Once you get the patent, you're not done.
The patent registration process is lengthy enough that you may be tempted to heave a sigh of relief once it's over. But if you want to keep the patent (usually for 17 years) you are legally obligated to protect and defend it. This includes giving notice of the patent, actually bringing a product to market, monitoring licensing and use of the patent or patented product, and taking action against any infringement. So think of obtaining a patent as the beginning of a process, rather than the end of it.
You've just had a brilliant idea for a new product or invention. The first thing you should do is get a patent, right? Well, maybe not. First of all, patents are expensive, will require a lot of your time, and usually take three to five years to complete. (Will your idea still be valuable by then?)
Second, there's solid evidence that there are too many people out there registering patents. Why do I think that? Because most patent-holders lose money on the deal. According to the website Invention Statistics, only 2 to 3 percent of patented products ever make it to market, and only 1 percent turn a profit.
Still some people do beat those odds--Steve Jobs is one prominent example of someone who got very rich indeed off products he patented. Also, if your plan is to sell or license your invention to a company, you may need a patent to have something to sell.
Still thinking you may need or want to apply for a patent? Here are some things to consider.
1. A patent may not be what you need.
There are three commonly confused forms of intellectual property protection: patent, trademark, and copyright. A trademark is a word, phrase, or design that identifies a specific organization as the provider of product or service (often identified with a little R in a circle). It applies to things like company names and logos. Copyright applies to creative works such as books and movies (and this column), but also to software, which at its core is another form of writing, albeit in code. Patents are only appropriate for devices, products, or designs whose workings are non-obvious.
2. If you were an employee when you came up with your invention, you may not be able to patent it.
In the absence of any agreement to the contrary, your invention is yours alone. But some employers have employees sign agreements giving over the rights to their inventions when they are hired. And even without an agreement, if you were hired specifically to create the new invention--or for your invention skills in general--then even without such an agreement, the invention may belong to your employer and not to you.
3. You have plenty of time to decide.
You have up to one year from when your invention is first made public (by being put on sale, or announced) in which to patent it. And you can always file a provisional patent application, something like a save-the-date note for a wedding. It doesn't commit you to a formal patent application, and doesn't result in a patent, but it does allow you to claim your invention so that you can do a full patent application later.
4. On the other hand, you should document everything as early as possible.
That's because if someone else comes up with a similar product, who invented what when will become an important question. So keep thorough notes of when the invention was created, who worked on it, and how it was developed and tested. Have independent witnesses expert enough to understand the patent corroborate your documentation.
5. You may or may not need an attorney.
If you decide to apply for a patent, the first step is to do a patent search to make sure there are no existing patents on inventions similar to yours. You can do at least a preliminary search yourself here.
Many inventors hire a patent attorney to help them through the process, but you can also consider hiring a patent agent instead. The advantage is that a patent agent is usually much less expensive. However, if you ever need to defend your patent in court, you'll need an attorney. And whether you hire an attorney or agent, it's best to choose one who is registered with the U.S. Patent and Trademark Office.
6. You need a full-fledged product, or design, to get a patent.
There are two types of patents in general use, utility patents for fully developed devices and products, and design patents for items that haven't yet been created. You don't need to have every detail worked out--Google has a patent for a tattoo microphone that can light up if the speaker is lying, for instance. But you should have a good idea of how it will work. Your patent application will require both a detailed description and drawings if appropriate.
7. You'll need to think carefully about how much territory to claim.
The other aspect of your patent application will be the claim of exclusivity--the exclusive rights you hope to own if the patent is granted. This is a balancing act. If your description is too narrow--say a device that opens the garage door while brewing coffee and reciting the morning news--you can leave the field open for a knock-off device that opens the garage and makes coffee while playing your favorite songs. On the other hand, if you draw the parameters too wide--say a device that can perform several useful morning-related tasks--and your application may be rejected. Or, if you obtain the patent, it may not stand up in a lawsuit.
8. Once you get the patent, you're not done.
The patent registration process is lengthy enough that you may be tempted to heave a sigh of relief once it's over. But if you want to keep the patent (usually for 17 years) you are legally obligated to protect and defend it. This includes giving notice of the patent, actually bringing a product to market, monitoring licensing and use of the patent or patented product, and taking action against any infringement. So think of obtaining a patent as the beginning of a process, rather than the end of it.
Sunday, December 10, 2017
What’s the difference between a copyright, a patent, and a trademark?
By; Vela Wood
Copyrights, Patents, and Trademarks – oh my!
Intellectual property (and we’re not talking about a smart piece of real estate) consists of copyrights, trademarks, and patents. There is a lot of confusion as to the application and distinction of each. Do you have a novel idea? Are you creating a novel? A logo for your business? Or have you come up with a functional product? Once you read the info below, it is our hope that your brain should become intellectual property with regard to each area of law.
COPYRIGHTS
A copyright protects original works of authorship. Copyrights are generally artistic, such as a song, a painting, a poem, a novel, a movie, etc. The moment your artistic product is created, it is protected under copyright law and you can put the © next to your work without registering with the USPTO. Registering your work with the USPTO is the least expensive of the intellectual property bunch and provides stronger protection of your creative work.
PATENTS
Patents are more scientific. If there is a specific method you are using and there is substantial function to your idea, then odds are that you need a patent. Patent law is complex, scientific, and expensive. We keep a few patent attorneys in our rolodex as some of our clients need assistance to protect the function of their invention/product.
TRADEMARKS
Trademark law protects trade names, slogans, and logos. Almost all of our clients need a trademark as they have a name, slogan, and/or logo that has been carefully thought out and is seen as their brand and identity. At VW, this is our bread and butter. A trademark is distinguished from a copyright in that a trademark protects the origin of your name, slogan, and logo. On the other hand, a copyright protects your creative works of art, whether they be written, drawn, or sung.
So let’s put all these laws together with one example, and what better way than to use a Nike shoe, perhaps the most recognized brand in the world.
READ: SEARCHING FOR SIMILAR TRADEMARKS
Nike’s shoe technology (Nike AIR) is a patent. The Nike Air bubble is functional and has a scientific purpose. The color of the shoe and design could be a copyright as it is artful in nature. Contrast those with the “Nike” name and logo, and the swoosh on the shoe, as all are trademarks of Nike. You see the swoosh and you know it’s Nike.
With the info above, we hope that when you look at that next Nike shoe in the store you will be able to intellectually recognize each separate intellectual property of the shoe. Just Do It. (“Just Do It” used here under the Fair Use Act, Title 17 of the U.S. Code)
Copyrights, Patents, and Trademarks – oh my!
Intellectual property (and we’re not talking about a smart piece of real estate) consists of copyrights, trademarks, and patents. There is a lot of confusion as to the application and distinction of each. Do you have a novel idea? Are you creating a novel? A logo for your business? Or have you come up with a functional product? Once you read the info below, it is our hope that your brain should become intellectual property with regard to each area of law.
COPYRIGHTS
A copyright protects original works of authorship. Copyrights are generally artistic, such as a song, a painting, a poem, a novel, a movie, etc. The moment your artistic product is created, it is protected under copyright law and you can put the © next to your work without registering with the USPTO. Registering your work with the USPTO is the least expensive of the intellectual property bunch and provides stronger protection of your creative work.
PATENTS
Patents are more scientific. If there is a specific method you are using and there is substantial function to your idea, then odds are that you need a patent. Patent law is complex, scientific, and expensive. We keep a few patent attorneys in our rolodex as some of our clients need assistance to protect the function of their invention/product.
TRADEMARKS
Trademark law protects trade names, slogans, and logos. Almost all of our clients need a trademark as they have a name, slogan, and/or logo that has been carefully thought out and is seen as their brand and identity. At VW, this is our bread and butter. A trademark is distinguished from a copyright in that a trademark protects the origin of your name, slogan, and logo. On the other hand, a copyright protects your creative works of art, whether they be written, drawn, or sung.
So let’s put all these laws together with one example, and what better way than to use a Nike shoe, perhaps the most recognized brand in the world.
READ: SEARCHING FOR SIMILAR TRADEMARKS
Nike’s shoe technology (Nike AIR) is a patent. The Nike Air bubble is functional and has a scientific purpose. The color of the shoe and design could be a copyright as it is artful in nature. Contrast those with the “Nike” name and logo, and the swoosh on the shoe, as all are trademarks of Nike. You see the swoosh and you know it’s Nike.
With the info above, we hope that when you look at that next Nike shoe in the store you will be able to intellectually recognize each separate intellectual property of the shoe. Just Do It. (“Just Do It” used here under the Fair Use Act, Title 17 of the U.S. Code)
Sunday, December 3, 2017
WHEN STARTUPS FAIL, INVESTORS RECOUP BY SELLING PATENTS
By: TIM CARMODY
We usually talk about software patents when big tech companies sue each other or start talking trash on their blogs. I think we don't always realize how much the growth of software and business process patents has transformed the culture of Silicon Valley and the broader tech industry, from the smallest young companies upwards.
Marty Pichinson at Sherwood Partners may understand startups in Silicon Valley better than anyone, since his company specializes in selling off their assets and unwinding their obligations when they fail. Sherwood has shuttered so many companies, most spectacularly when the big startup bubble burst in 2000, that it's become known in the Valley as "the undertaker."
Connie Loizos at peHUB recently interviewed Pichinson about the state of the industry. One observation in particular jumped out at me:
We’ve probably become one of the largest sellers of [intellectual property] in the country. We sell tons of IP, and as you know, the IP wars have started, so we play with the big guys, the little guys, and the in-between guys. During the last bubble, there weren’t as many patents. It was more ideas and URLs. So the business has matured.
While big companies and even bigger consortia of companies may come together to bid when patent portfolios of other big companies are auctioned off, shuttered startups usually wind up selling their IP to midlevel competitors in the same industry. "The bigger players are interested," Pichinson says, "but they move slow, and we have a deteriorating asset and an obligation to the creditor [to get some money out of it], so we don’t have months to figure it out."
Sherwood Partners' web site includes a whole page devoted to Intellectual Property Monetization, touting the company's skill at finding partners who will buy or license patents from startups in trouble. In one case study, the board of a lifecycle automation software company with $65 million in VC financing determined they would be better off selling off their IP than seeking an additional round of funding. Sherwood maintained the patent portfolio for two months while it liquidated the company's other assets, then sold the portfolio to a competitor.
In another case, a wireless tech company was able to license their IP (with Sherwood's help) and stay afloat with help from the proceeds. Patents can make the difference between staying in business, closing the company at a profit to all investors, or closing it at a loss.
As a consequence, developing and securing patents at company's founding (or even before) have become routine, just like signing incorporation papers, raising a first round of funding and hiring the first group of staff.
Holding patents signals to potential investors that the startup's founders are organized and serious; it prevents big companies or a slew of me-too competitors from imitating an idea, which could kill the company when still in the cradle; and it becomes one of the primary assets the company can trade on if it's purchased outright or sold off piecemeal when it fails. One of those two scenarios is how the overwhelming majority of startups end.
In a very short time, patents have become a key part of the scaffolding of the tech industry. Eliminate them, as an asset class and value signal, and those structures needs to be rebuilt again, for better or worse. (At least patents have more substance than a clever domain name).
Very few people have argued — or at least, argued well — in defense of software patents. (Last week, I complained to Forbes/Ars Technica's patent & tech policy expert Timothy B. Lee that "the intellectual ammo is all on one side.") Now startup founder Michael Mace, CEO of Cera Technology* and a former executive at Palm and Apple, has written "The Case For Software Patents," which is an effort worth reading, grounded in the history of the industry and the genuine problems facing small startups.
Mace argues that the most egregious sins associated with software and process patents — rows of empty offices in small Texas towns that serve as mailing addresses for patent-trolling shell companies, trying to generate money from nothing from suing companies until they're paid to go away — can be solved by simply limiting the ability of non-practicing entities to sue for infringement. (I worry that posing a hurdle like this would be "solved" by companies doing the bare minimum to qualify as "practicing," whether through clever accounting or creating Intellectual Ventures-style showrooms for inventions that will never be brought to market.)
More persuasive is Mace's invocation of Applied Data Research's Martin Goetz, holder of the first software patent (issued in 1968: the Computerworld headline presciently read "First Patent Is Issued for Software, Full Implications Are Not Known"), who successfully sued IBM for giving away a knock-off of ADR's mainframe program Autoflow.
"That lawsuit," Mace writes, "plus a related one by the US government, laid the foundations of the independent software industry by forcing IBM to stop giving away free apps for its mainframes… [Y]ou can't say that software patents alone led to the birth of the software industry. But I think it's clear that patents helped codify the value of software independent from hardware."
Read More >> https://www.wired.com/2011/08/startups-fail-sell-patents/
We usually talk about software patents when big tech companies sue each other or start talking trash on their blogs. I think we don't always realize how much the growth of software and business process patents has transformed the culture of Silicon Valley and the broader tech industry, from the smallest young companies upwards.
Marty Pichinson at Sherwood Partners may understand startups in Silicon Valley better than anyone, since his company specializes in selling off their assets and unwinding their obligations when they fail. Sherwood has shuttered so many companies, most spectacularly when the big startup bubble burst in 2000, that it's become known in the Valley as "the undertaker."
Connie Loizos at peHUB recently interviewed Pichinson about the state of the industry. One observation in particular jumped out at me:
We’ve probably become one of the largest sellers of [intellectual property] in the country. We sell tons of IP, and as you know, the IP wars have started, so we play with the big guys, the little guys, and the in-between guys. During the last bubble, there weren’t as many patents. It was more ideas and URLs. So the business has matured.
While big companies and even bigger consortia of companies may come together to bid when patent portfolios of other big companies are auctioned off, shuttered startups usually wind up selling their IP to midlevel competitors in the same industry. "The bigger players are interested," Pichinson says, "but they move slow, and we have a deteriorating asset and an obligation to the creditor [to get some money out of it], so we don’t have months to figure it out."
Sherwood Partners' web site includes a whole page devoted to Intellectual Property Monetization, touting the company's skill at finding partners who will buy or license patents from startups in trouble. In one case study, the board of a lifecycle automation software company with $65 million in VC financing determined they would be better off selling off their IP than seeking an additional round of funding. Sherwood maintained the patent portfolio for two months while it liquidated the company's other assets, then sold the portfolio to a competitor.
In another case, a wireless tech company was able to license their IP (with Sherwood's help) and stay afloat with help from the proceeds. Patents can make the difference between staying in business, closing the company at a profit to all investors, or closing it at a loss.
As a consequence, developing and securing patents at company's founding (or even before) have become routine, just like signing incorporation papers, raising a first round of funding and hiring the first group of staff.
Holding patents signals to potential investors that the startup's founders are organized and serious; it prevents big companies or a slew of me-too competitors from imitating an idea, which could kill the company when still in the cradle; and it becomes one of the primary assets the company can trade on if it's purchased outright or sold off piecemeal when it fails. One of those two scenarios is how the overwhelming majority of startups end.
In a very short time, patents have become a key part of the scaffolding of the tech industry. Eliminate them, as an asset class and value signal, and those structures needs to be rebuilt again, for better or worse. (At least patents have more substance than a clever domain name).
Very few people have argued — or at least, argued well — in defense of software patents. (Last week, I complained to Forbes/Ars Technica's patent & tech policy expert Timothy B. Lee that "the intellectual ammo is all on one side.") Now startup founder Michael Mace, CEO of Cera Technology* and a former executive at Palm and Apple, has written "The Case For Software Patents," which is an effort worth reading, grounded in the history of the industry and the genuine problems facing small startups.
Mace argues that the most egregious sins associated with software and process patents — rows of empty offices in small Texas towns that serve as mailing addresses for patent-trolling shell companies, trying to generate money from nothing from suing companies until they're paid to go away — can be solved by simply limiting the ability of non-practicing entities to sue for infringement. (I worry that posing a hurdle like this would be "solved" by companies doing the bare minimum to qualify as "practicing," whether through clever accounting or creating Intellectual Ventures-style showrooms for inventions that will never be brought to market.)
More persuasive is Mace's invocation of Applied Data Research's Martin Goetz, holder of the first software patent (issued in 1968: the Computerworld headline presciently read "First Patent Is Issued for Software, Full Implications Are Not Known"), who successfully sued IBM for giving away a knock-off of ADR's mainframe program Autoflow.
"That lawsuit," Mace writes, "plus a related one by the US government, laid the foundations of the independent software industry by forcing IBM to stop giving away free apps for its mainframes… [Y]ou can't say that software patents alone led to the birth of the software industry. But I think it's clear that patents helped codify the value of software independent from hardware."
Read More >> https://www.wired.com/2011/08/startups-fail-sell-patents/
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