By: Joseph Devine, Jan 4, 2018
Have you ever seen a product that you knew you had seen somewhere else before? Have you ever read an article that you thought sounded awfully familiar to something else you had read? If either of these cases are true, you may have experienced the stolen intellectual property on display.
When people think of stolen property, they usually and automatically think of a tangible object being stolen from one individual and transferred to another. In cases of stolen intellectual property, a copy is made of one idea and then used or altered, usually for a profit. Every year, thousands upon thousands of new creations hit the market and are exhibited to the public or in private meetings. The most types of intellectual property are patents, designs, trademarks, and copyrights.
Patents or Designs
The usual victim to intellectual property theft including patents or designs are businesses. A patent is an object or system that is protected under law. Patents also have very recognizable features that make the patent what it is, so when someone steals a patent it is usually apparent.
Certain designs belong to a certain system or machine and have the same recognizable features. If someone steals a design that is produced to perform a certain function and he or she profits off of this, he or she can be charged under the court of law for theft of intellectual property.
Trademarks
Branding is one of the most fundamental factors to a great marketing strategy. When a business owner gets his or her trademark stolen, the name of his or her business is diluted. Many people believe that trademarks only involve business brands. However, trademarks are anything an organization or business uses to represent itself. This means that phrases, graphics, or the symbols that makeup a company’s identity are also protected under law.
Copyrights
Original works also play a part in copyrights as well. Copyrights are any intellectual properties that are backed up by an author. Even if the work is not published, an author of a work is protected under law from theft. If somebody makes a copy of a work that is not his or hers, he or she may face a lawsuit by the owner of the property. He or she also cannot make a variation of the same work and pass it off as his or her own work. Common copyright works are:
– literary materials
– music
– artistic work
For more information on intellectual property and your rights, contact the Minneapolis business lawyers at the Skjold – Barthel, P.A. law firm.
Source >> https://articlesly.com/intellectual-property-patents-trademarks-copyrights/
Showing posts with label Patents & Trademarks. Show all posts
Showing posts with label Patents & Trademarks. Show all posts
Thursday, January 4, 2018
Wednesday, December 20, 2017
How long does it take to get a patent or trademark registration? (2017 update)
By: Jim Singer, December 19, 2017
At the end of each fiscal year, the USPTO releases a Performance and Accountability Report, with statistics about patent and trademark allowance rates, average pendency, and other details. The USPTO recently released its Performance and Accountability Report for Fiscal Year 2017. This means that it’s time for IP Spotlight’s annual review of the question: “how long does it take to receive a patent or register a trademark?”
To answer that question, here are a few highlights from the USPTO’s FY 2017 report:
Patents: The USPTO continued a six-year trend of reducing overall patent application pendency in FY 2017. The average time between filing and first office action was 16.3 months, which is about the same as last year. However, average total pendency decreased to 24.2 months (down from last year’s 24.2-month average pendency, and down from a high of 33.7 months in 2012).
The report did not discuss the effect of the USPTO’s “Track 1” expedited examination option on the overall timeline. Applicants who pay the additional fee for Track 1 processing typically receive a first action within 4-6 months of filing, and allowance or final action within 12 months of filing.
The wait times vary depending on the technology involved. Patent applications for computer architecture and mechanical engineering inventions generally experienced the longest waits, while applications in the biotech and organic chemistry fields moved relatively quickly. The breakdown by technology included:
biotechnology and organic chemistry (USPTO Technology Center 1600) had an average wait time of 12.1 months to first action, and an average total pendency of 23.2 months;
chemical and materials engineering (USPTO Technology Center 1700) had an average wait time of 18.5 months to first action, and an average total pendency of 27.5 months;
computer architecture (USPTO Technology Center 2100) had an average wait time of 21.3 months to first action, and an average total pendency of 28.5 months;
networks, multiplexing, cable and security (USPTO Technology Center 2400) generally waited 16.7 months to first action, and have an average total pendency of 25.6 months;
communications technologies (USPTO Technology Center 2600) had an average wait time of 12.0 months to first action, and an average total pendency of 21.7 months;
methods relating to transportation, construction, agriculture and e-commerce (USPTO Technology Center 3600, in which the e-commerce inventions are often considered to involve “business methods”) had an average wait time of 18.2 months to first action, and an average total pendency of 25.5 months; and
mechanical engineering products (USPTO Technology Center 3700) had an average wait time of 19.7 months to first action, and an average total pendency of 28.9 months.
347,243 patents issued in FY 2017 — an all-time high. The overall patent allowance rate was 59.4% – an increase from last year’s % 53.3% allowance rate.
The number of patent applications filed in FY 2017 was 647,388 — about the same as the previous year. Of these applications, approximately 602,000 were utility filings and 167,000 were provisional filings. The other patent applications were design, plant, or reissue filings.
Trademarks: In FY 2017 the average time from filing to first Office Action in a trademark application was 2.7 months, down from 3.1 months last year. Average total pendency was 9.5 months down slightly from last year’s 9.8 months. These numbers reflect a 5-10% reduction in wait times as compared to five years ago.
The total number of trademark applications filed was 594,107, an all-time high that is a 12% increase over the previous year.
To maintain a trademark registration in effect, the owner must pay a renewal fee and demonstrate continued use by the 10-year anniversary of the trademark registration date. U.S. trademark owners renewed only about 32% of trademark registrations that were eligible for renewal in 2017.
Source >> https://ipspotlight.com/2017/12/19/how-long-does-it-take-to-get-a-patent-or-trademark-registration-2017-update/
At the end of each fiscal year, the USPTO releases a Performance and Accountability Report, with statistics about patent and trademark allowance rates, average pendency, and other details. The USPTO recently released its Performance and Accountability Report for Fiscal Year 2017. This means that it’s time for IP Spotlight’s annual review of the question: “how long does it take to receive a patent or register a trademark?”
To answer that question, here are a few highlights from the USPTO’s FY 2017 report:
Patents: The USPTO continued a six-year trend of reducing overall patent application pendency in FY 2017. The average time between filing and first office action was 16.3 months, which is about the same as last year. However, average total pendency decreased to 24.2 months (down from last year’s 24.2-month average pendency, and down from a high of 33.7 months in 2012).
The report did not discuss the effect of the USPTO’s “Track 1” expedited examination option on the overall timeline. Applicants who pay the additional fee for Track 1 processing typically receive a first action within 4-6 months of filing, and allowance or final action within 12 months of filing.
The wait times vary depending on the technology involved. Patent applications for computer architecture and mechanical engineering inventions generally experienced the longest waits, while applications in the biotech and organic chemistry fields moved relatively quickly. The breakdown by technology included:
biotechnology and organic chemistry (USPTO Technology Center 1600) had an average wait time of 12.1 months to first action, and an average total pendency of 23.2 months;
chemical and materials engineering (USPTO Technology Center 1700) had an average wait time of 18.5 months to first action, and an average total pendency of 27.5 months;
computer architecture (USPTO Technology Center 2100) had an average wait time of 21.3 months to first action, and an average total pendency of 28.5 months;
networks, multiplexing, cable and security (USPTO Technology Center 2400) generally waited 16.7 months to first action, and have an average total pendency of 25.6 months;
communications technologies (USPTO Technology Center 2600) had an average wait time of 12.0 months to first action, and an average total pendency of 21.7 months;
methods relating to transportation, construction, agriculture and e-commerce (USPTO Technology Center 3600, in which the e-commerce inventions are often considered to involve “business methods”) had an average wait time of 18.2 months to first action, and an average total pendency of 25.5 months; and
mechanical engineering products (USPTO Technology Center 3700) had an average wait time of 19.7 months to first action, and an average total pendency of 28.9 months.
347,243 patents issued in FY 2017 — an all-time high. The overall patent allowance rate was 59.4% – an increase from last year’s % 53.3% allowance rate.
The number of patent applications filed in FY 2017 was 647,388 — about the same as the previous year. Of these applications, approximately 602,000 were utility filings and 167,000 were provisional filings. The other patent applications were design, plant, or reissue filings.
Trademarks: In FY 2017 the average time from filing to first Office Action in a trademark application was 2.7 months, down from 3.1 months last year. Average total pendency was 9.5 months down slightly from last year’s 9.8 months. These numbers reflect a 5-10% reduction in wait times as compared to five years ago.
The total number of trademark applications filed was 594,107, an all-time high that is a 12% increase over the previous year.
To maintain a trademark registration in effect, the owner must pay a renewal fee and demonstrate continued use by the 10-year anniversary of the trademark registration date. U.S. trademark owners renewed only about 32% of trademark registrations that were eligible for renewal in 2017.
Source >> https://ipspotlight.com/2017/12/19/how-long-does-it-take-to-get-a-patent-or-trademark-registration-2017-update/
Sunday, December 17, 2017
INTELLECTUAL PROPERTY – PATENT LAW, COPYRIGHTS, AND TRADEMARKS
By: articlesly
Patent law is intended to give a temporary monopoly to the inventor to make and sell his invention. The period of the patent is limited but it keeps others from making, using, selling or importing the product. It is a license that can be sold, assigned or transferred. A patent is only good in the country where it is issued so patents must be obtained in all desired countries.
A patent is for a specific length of time. It is usually twenty years. When a patent reaches its expiration date the use of the invention is open to all interested parties. Annual renewal fees are to be paid each year during the term of the patent.
All patents have to be new with no part that is available to the public anywhere in the world before the patent is filed. They must have an inventive step or steps and there must be an industrial application. Agriculture is considered an industry for purposes of obtaining a patent.
A patent is said to be pending during the time of application to the acceptance or rejection of the application.
A provisional patent is used to quickly file an application to protect an invention while a patent is being obtained. It is much faster, easier and cheaper than a patent. A provisional patent gives the inventor twelve months to file a full patent application. During this time the term patent pending is used.
Copyright law is the law that protects published and unpublished literature, art and scientific work in any tangible form. It protects anything you can see hear or touch. Copyright laws give the creator the exclusive right to their work whether it is dance, music, photographs, graphics or HTML coding.
Copyright begins as soon as the work is created and turned into a tangible form. That can mean the setting of music to paper or the setting of data to files. The prerequisite is that the information be put in a tangible format and that a date and ownership be attached. This can mean mailing a copy of the item by certified mail and then not opening it when it arrives. The copyright then needs to be registered with the U.S. Copyright Office as a requirement in order to sue for monetary damages should a violation of the copyright arise. However, if somebody copies and redistributes the item without permission before the copyright is registered, the author still has the right to assert a copyright claim as the true author.
The above applies to digital art and graphics. Open a gif, jpg, or png file that you created and look at the properties. It states the date you saved it to your hard drive as the date of creation. Mail the disk to yourself in a certified mail envelope and when it arrives put it in a safe place.
The proper way to place a copyright notice is as follows: Copyright © (first date of creation) (name of owner). Like this: Copyright © 2007 John Smith.
Copyrights last for a long period of time. The time depends on the item and the country but it is often twenty-five to fifty years after the death of the holder.
Trademark law is intended to let buyers know what they are buying. A trademark is a symbol or name that identifies a product as belonging to a specific company and that it is legally registered to that company so that it can only be used by that company
Trademark infringement is when a company uses an identical or confusingly similar mark to the trademark of another company. An owner of a trademark can bring legal proceedings against anyone who infringes on his registration. In the United States this is not true of unregistered marks.
Each one of these entities is unique and has a unique purpose, set of laws and applications. They originated separately and cover different activities and issues.
The term intellectual property came into existence in 1967 after the World Intellectual Property Organization was founded as a UN organization. The term makes people think of the three separates entities as a single entity and confuses many. There is an ongoing disagreement about this generalization.
If you are trying to market an invention you should try to become as educated as possible about the process and get a provisional patent. Be sure you are working with someone with integrity. There are many scams and the process is complicated and can be very expensive. Often a patent attorney is needed to research the proposed patent and to make the drawings. It is seldom a good idea to become involved with a company that says it can handle the process from registration to marketing and production.
These companies usually own several interrelated companies that siphon off the money and leave the inventor high and dry. Remember the patent does not necessarily go to the person that invents the item but to the person who patents it first. Also, if a product has been in general use for a specified period of time it is no longer patentable unless a new unique feature or improvement can be illustrated.
Understand the uniqueness of each of the parts of the intellectual property umbrella. Do not let the boundaries become blurred and double check to make sure you remain in control.
Source >> https://articlesly.com/intellectual-property-patent-law-copyrights-and-trademarks/
Patent law is intended to give a temporary monopoly to the inventor to make and sell his invention. The period of the patent is limited but it keeps others from making, using, selling or importing the product. It is a license that can be sold, assigned or transferred. A patent is only good in the country where it is issued so patents must be obtained in all desired countries.
A patent is for a specific length of time. It is usually twenty years. When a patent reaches its expiration date the use of the invention is open to all interested parties. Annual renewal fees are to be paid each year during the term of the patent.
All patents have to be new with no part that is available to the public anywhere in the world before the patent is filed. They must have an inventive step or steps and there must be an industrial application. Agriculture is considered an industry for purposes of obtaining a patent.
A patent is said to be pending during the time of application to the acceptance or rejection of the application.
A provisional patent is used to quickly file an application to protect an invention while a patent is being obtained. It is much faster, easier and cheaper than a patent. A provisional patent gives the inventor twelve months to file a full patent application. During this time the term patent pending is used.
Copyright law is the law that protects published and unpublished literature, art and scientific work in any tangible form. It protects anything you can see hear or touch. Copyright laws give the creator the exclusive right to their work whether it is dance, music, photographs, graphics or HTML coding.
Copyright begins as soon as the work is created and turned into a tangible form. That can mean the setting of music to paper or the setting of data to files. The prerequisite is that the information be put in a tangible format and that a date and ownership be attached. This can mean mailing a copy of the item by certified mail and then not opening it when it arrives. The copyright then needs to be registered with the U.S. Copyright Office as a requirement in order to sue for monetary damages should a violation of the copyright arise. However, if somebody copies and redistributes the item without permission before the copyright is registered, the author still has the right to assert a copyright claim as the true author.
The above applies to digital art and graphics. Open a gif, jpg, or png file that you created and look at the properties. It states the date you saved it to your hard drive as the date of creation. Mail the disk to yourself in a certified mail envelope and when it arrives put it in a safe place.
The proper way to place a copyright notice is as follows: Copyright © (first date of creation) (name of owner). Like this: Copyright © 2007 John Smith.
Copyrights last for a long period of time. The time depends on the item and the country but it is often twenty-five to fifty years after the death of the holder.
Trademark law is intended to let buyers know what they are buying. A trademark is a symbol or name that identifies a product as belonging to a specific company and that it is legally registered to that company so that it can only be used by that company
Trademark infringement is when a company uses an identical or confusingly similar mark to the trademark of another company. An owner of a trademark can bring legal proceedings against anyone who infringes on his registration. In the United States this is not true of unregistered marks.
Each one of these entities is unique and has a unique purpose, set of laws and applications. They originated separately and cover different activities and issues.
The term intellectual property came into existence in 1967 after the World Intellectual Property Organization was founded as a UN organization. The term makes people think of the three separates entities as a single entity and confuses many. There is an ongoing disagreement about this generalization.
If you are trying to market an invention you should try to become as educated as possible about the process and get a provisional patent. Be sure you are working with someone with integrity. There are many scams and the process is complicated and can be very expensive. Often a patent attorney is needed to research the proposed patent and to make the drawings. It is seldom a good idea to become involved with a company that says it can handle the process from registration to marketing and production.
These companies usually own several interrelated companies that siphon off the money and leave the inventor high and dry. Remember the patent does not necessarily go to the person that invents the item but to the person who patents it first. Also, if a product has been in general use for a specified period of time it is no longer patentable unless a new unique feature or improvement can be illustrated.
Understand the uniqueness of each of the parts of the intellectual property umbrella. Do not let the boundaries become blurred and double check to make sure you remain in control.
Source >> https://articlesly.com/intellectual-property-patent-law-copyrights-and-trademarks/
Thursday, November 30, 2017
Preparing to apply for a patent
There’s a lot you can do to help yourself before contacting a patent attorney to start the process of formally applying for a patent. Here are 5 tips to making sure you are on the right track with your idea.
Remember the importance of confidentiality
Inventors having their ideas stolen may make for good TV, but in real life it can be a hurtful and financially-painful experience. The key to avoiding falling victim to this is to enforce confidentiality at all times. Only communicate your ideas if you absolutely must and if you absolutely must then use a secure channel and have appropriate non-disclosure agreements in place. A solicitor can draw one of these up for you, or, if funds are particularly tight, there are example agreements on the internet, for example at the IPO website. Avoid communicating your idea even to people you trust, because this will eliminate the possibility either that you will find out that your trust was misplaced or that private information will be inadvertently revealed to an inappropriate party. Above all, avoid posting anything whatsoever to do with your idea on social media, not even teasers.
Check that your idea actually is original
Your idea may take an established concept and do it better (as Dyson is famous for doing) but it does have to be demonstrably new in some way in order to be patentable. Take some time to do your research and see what else is out there. If you find any alternative inventions with similarities to your own, you will then be able to discuss these with your patent attorney, who will be able to advise on whether they could cause issues with your patent application.
Make sure that your idea is actually feasible in practice
Patents are granted for inventions rather than ideas. It is in the highest degree unlikely that a patent will be granted for an abstract solution or a solution which relies on technologies which are yet to be proved to be within the capabilities of current manufacturing. Patents are granted for specific solutions which are new and inventive and are capable of being invented in the real world as it is at the time of making the application.
Confirm that the numbers add up from a business perspective
Assuming you are granted your patent, how, exactly, are you going to make money from your invention? If your plan is to make money on straightforward sales, then to whom will you sell, how will you distribute your product and how much will you realistically be able to charge for it? It may be very worthwhile employing someone to do some market research for you at this point, prior to spending money on patents and prototypes. If you looking at the “razorblade” model, where you plan to sell a key item at cost and make money on accessories, then the same questions apply and you also need to work out how you will protect yourself against people coming up with “compatible” accessories at a lower price. If you plan to make money by allowing third parties to sponsor your product in some way, essentially to use it as a publicity medium, then again who is going to do this and what is in it for them? In short, make sure that you are patenting a profitable business venture rather than just an innovative idea.
Print it or draw it
These days, advances in additive manufacturing (also known as 3D printing) are making it easier to produce working prototypes quickly and in a cost-effective way. These can be of great help in explaining the key parts of the invention to your patent attorney. Alternatively, inventors can use clear drawings and written explanations for the same purpose.
Remember the importance of confidentiality
Inventors having their ideas stolen may make for good TV, but in real life it can be a hurtful and financially-painful experience. The key to avoiding falling victim to this is to enforce confidentiality at all times. Only communicate your ideas if you absolutely must and if you absolutely must then use a secure channel and have appropriate non-disclosure agreements in place. A solicitor can draw one of these up for you, or, if funds are particularly tight, there are example agreements on the internet, for example at the IPO website. Avoid communicating your idea even to people you trust, because this will eliminate the possibility either that you will find out that your trust was misplaced or that private information will be inadvertently revealed to an inappropriate party. Above all, avoid posting anything whatsoever to do with your idea on social media, not even teasers.
Check that your idea actually is original
Your idea may take an established concept and do it better (as Dyson is famous for doing) but it does have to be demonstrably new in some way in order to be patentable. Take some time to do your research and see what else is out there. If you find any alternative inventions with similarities to your own, you will then be able to discuss these with your patent attorney, who will be able to advise on whether they could cause issues with your patent application.
Make sure that your idea is actually feasible in practice
Patents are granted for inventions rather than ideas. It is in the highest degree unlikely that a patent will be granted for an abstract solution or a solution which relies on technologies which are yet to be proved to be within the capabilities of current manufacturing. Patents are granted for specific solutions which are new and inventive and are capable of being invented in the real world as it is at the time of making the application.
Confirm that the numbers add up from a business perspective
Assuming you are granted your patent, how, exactly, are you going to make money from your invention? If your plan is to make money on straightforward sales, then to whom will you sell, how will you distribute your product and how much will you realistically be able to charge for it? It may be very worthwhile employing someone to do some market research for you at this point, prior to spending money on patents and prototypes. If you looking at the “razorblade” model, where you plan to sell a key item at cost and make money on accessories, then the same questions apply and you also need to work out how you will protect yourself against people coming up with “compatible” accessories at a lower price. If you plan to make money by allowing third parties to sponsor your product in some way, essentially to use it as a publicity medium, then again who is going to do this and what is in it for them? In short, make sure that you are patenting a profitable business venture rather than just an innovative idea.
Print it or draw it
These days, advances in additive manufacturing (also known as 3D printing) are making it easier to produce working prototypes quickly and in a cost-effective way. These can be of great help in explaining the key parts of the invention to your patent attorney. Alternatively, inventors can use clear drawings and written explanations for the same purpose.
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