By: Michael J Foycik Jr.
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.
Steps For Getting a Patent
These are the basic steps for getting a patent.
First, file a patent application which describes and claims the invention.
Then, respond to any official actions received from the U.S. Patent Office. If the official action is a rejection, then a response will provide arguments in support of patentability and possibly changes to the claims.
Assuming the application is deemed patentable (the majority are), then a Notice of Allowance and Issue Fee Due is sent. Upon payment of the issue fee, a patent will issue.
It is that simple. This whole process can take anywhere from 12 months to 36 months, depending entirely on the U.S. Patent Examiner to which the application is officially assigned.
A more detailed explanation is as follows.
Preparing the patent application
First, you provide details about the invention, and we prepare a draft application together with draft drawings, for your review. This draft includes the claims, abstract, summary of the invention, background of the invention, and detailed description of the invention. We make any changes or additions you wish to make, at no additional charge. We charge half of the fixed service fee in advance for this draft.
Read More >> http://internationalpatentservice.com/steps-for-getting-a-patent.html
Monday, July 16, 2018
Sunday, July 15, 2018
The relevance of filing Andorran trademarks and patents
By: Jonathan Hinkson
“The Principality of Andorra has around 8 million tourists per year (source: ACTUA). With that figure in mind, it is obvious that Andorra has become an interesting market especially for customers from France and Spain; this is even more so since a low VAT rate (4,5%) is applicable in the Principality.
Both multinational companies and inventors need a homogeneous protection of their trademark and patent. Protecting the Andorran territory must be part of a pro-active strategy to fight IP infringement, leaving no “grey area” available for infringers in Europe, in particular in the pharma and new tech industries.
On a practical note, an Andorran trademark can be registered within 4 days, in particular due to the fact that there is no opposition procedure (an opposition procedure allows the holder of a prior right to oppose the registration of a posterior trademark that is identical or similar to its prior right and that covers goods or services that are identical or similar). This is particularly relevant for right holders that are located in countries that grant subventions to companies that register Intellectual property rights abroad.
It is noteworthy to raise the fact that Andorra has not signed the Madrid Arrangement or the Madrid Protocol; this situation requires a local filing at the Andorran trademark office in order to obtain a trademark in force in the Principality.
The Andorran patent is also attractive because the examination is merely formal and a patent can be granted in around 18 months, the maintenance fees are very low which allows protecting a given invention in Andorra at a competitive cost.
Andorra has not signed the PCT treaty or the European Patent Convention so a local filing at the Andorran patent office is necessary to obtain an Andorran patent.
The filing of an Andorran trademark and Andorran patent must be done by an agent that is authorized to act at the Andorran trademark and patent office (OMPA).
Read More >> https://all-andorra.com/relevance-filing-andorran-trademarks-patents/
“The Principality of Andorra has around 8 million tourists per year (source: ACTUA). With that figure in mind, it is obvious that Andorra has become an interesting market especially for customers from France and Spain; this is even more so since a low VAT rate (4,5%) is applicable in the Principality.
Both multinational companies and inventors need a homogeneous protection of their trademark and patent. Protecting the Andorran territory must be part of a pro-active strategy to fight IP infringement, leaving no “grey area” available for infringers in Europe, in particular in the pharma and new tech industries.
On a practical note, an Andorran trademark can be registered within 4 days, in particular due to the fact that there is no opposition procedure (an opposition procedure allows the holder of a prior right to oppose the registration of a posterior trademark that is identical or similar to its prior right and that covers goods or services that are identical or similar). This is particularly relevant for right holders that are located in countries that grant subventions to companies that register Intellectual property rights abroad.
It is noteworthy to raise the fact that Andorra has not signed the Madrid Arrangement or the Madrid Protocol; this situation requires a local filing at the Andorran trademark office in order to obtain a trademark in force in the Principality.
The Andorran patent is also attractive because the examination is merely formal and a patent can be granted in around 18 months, the maintenance fees are very low which allows protecting a given invention in Andorra at a competitive cost.
Andorra has not signed the PCT treaty or the European Patent Convention so a local filing at the Andorran patent office is necessary to obtain an Andorran patent.
The filing of an Andorran trademark and Andorran patent must be done by an agent that is authorized to act at the Andorran trademark and patent office (OMPA).
Read More >> https://all-andorra.com/relevance-filing-andorran-trademarks-patents/
Saturday, July 14, 2018
How to Patent a Business Method
By: Michael J Foycik Jr.
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
A business method
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.
A business method cannot be copyrighted, but it can sometimes be patented. Specifically, the inventive steps of certain business methods can be patented, and because of this the patent can provide protection far beyond just the specific business method language used.
First, a drawing is made showing the most important steps of the business method as a flowchart diagram. It is usually not necessary to give every detail of the operation of the business method; instead, the main features should be illustrated. The business method should be protected by a utility patent application, since that will cover any type of business method language. This is also sometimes called a “regular” patent application. The business method steps can be explained in words and by the flowchart drawings.
This is a good point to mention that there is also something called a “provisional patent application” that gives patent pending status for one year, permitting a utility patent application to be filed at any time during that year. This is much less expensive, and is recommended when there is an urgent need to get something one file, for example just prior to a trade show or publication. Further below, there is a section called “How to patent using a provisional patent application.”
Here's a simple example showing how to patent an idea for a simple and amusing invention, where a business method is used. The simplest business method already in the public domain would be a lottery. Here, tickets are sold, and based on predetermined or later-determined criteria such as the drawing of numbers, determines winning tickets. For the moment, we aren't concerned with whether it has been done before, it is just an example. For now, the idea would be expressed in words, written just as above. These steps would be shown in a simple flowchart.
Next, a claim is added to describe the invention broadly, such as the following: Claim 1: A method for selling tickets and awarding prizes, comprising the steps of: selling tickets with indicia thereon; matching the indicia with predetermined or later-determined criteria such as the drawing of numbers to determine winning tickets; and awarding prizes to winning tickets.
Standard text is then added including sections titled: background of the invention; summary of the invention; brief description of the drawings; and an abstract of the disclosure. This part is not usually hard to do, but can be time consuming.
Then, a Declaration is prepared showing the name of the inventor and title of the invention. This is from a standard form provided by the US Patent Office.
Last, a cover page including a Transmittal sheet is prepared, listing what is being filed with the US Patent Office. The Transmittal page normally will include a check for the amount of the US government filing fee, and a postcard filing receipt. The check can be omitted, as can the signed Declaration, but in that case the US Patent Office will send a notice asking for those items along with a relatively small late fee.
Read More >> http://internationalpatentservice.com/How-to-Patent-a-Business-Method.html
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
A business method
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.
A business method cannot be copyrighted, but it can sometimes be patented. Specifically, the inventive steps of certain business methods can be patented, and because of this the patent can provide protection far beyond just the specific business method language used.
First, a drawing is made showing the most important steps of the business method as a flowchart diagram. It is usually not necessary to give every detail of the operation of the business method; instead, the main features should be illustrated. The business method should be protected by a utility patent application, since that will cover any type of business method language. This is also sometimes called a “regular” patent application. The business method steps can be explained in words and by the flowchart drawings.
This is a good point to mention that there is also something called a “provisional patent application” that gives patent pending status for one year, permitting a utility patent application to be filed at any time during that year. This is much less expensive, and is recommended when there is an urgent need to get something one file, for example just prior to a trade show or publication. Further below, there is a section called “How to patent using a provisional patent application.”
Here's a simple example showing how to patent an idea for a simple and amusing invention, where a business method is used. The simplest business method already in the public domain would be a lottery. Here, tickets are sold, and based on predetermined or later-determined criteria such as the drawing of numbers, determines winning tickets. For the moment, we aren't concerned with whether it has been done before, it is just an example. For now, the idea would be expressed in words, written just as above. These steps would be shown in a simple flowchart.
Next, a claim is added to describe the invention broadly, such as the following: Claim 1: A method for selling tickets and awarding prizes, comprising the steps of: selling tickets with indicia thereon; matching the indicia with predetermined or later-determined criteria such as the drawing of numbers to determine winning tickets; and awarding prizes to winning tickets.
Standard text is then added including sections titled: background of the invention; summary of the invention; brief description of the drawings; and an abstract of the disclosure. This part is not usually hard to do, but can be time consuming.
Then, a Declaration is prepared showing the name of the inventor and title of the invention. This is from a standard form provided by the US Patent Office.
Last, a cover page including a Transmittal sheet is prepared, listing what is being filed with the US Patent Office. The Transmittal page normally will include a check for the amount of the US government filing fee, and a postcard filing receipt. The check can be omitted, as can the signed Declaration, but in that case the US Patent Office will send a notice asking for those items along with a relatively small late fee.
Read More >> http://internationalpatentservice.com/How-to-Patent-a-Business-Method.html
Thursday, July 12, 2018
A Return Visit To The Start-Up Nation
By: GASTON KROUB
Israeli technology is in the news with respect to the gripping situation playing out in Thailand, with the rescue of trapped boys recently completed. This latest news confirms what many already know — that Israel punches above its weight with respect to innovation. For example, back in 2012, I had the opportunity to speak on IP awareness at a Cleantech conference in the Southern Israeli resort city of Eilat. At the time, there was a lot of interest in patent activity around Cleantech, with the promise of significant public and private investment dollars being directed toward startups and established companies innovating in the area of clean technology.
While the shale gas revolution in the United States and its concomitant impacts on global oil prices ended up dampening some of the global enthusiasm for investing in clean technologies, there is no doubt that significant innovation in the area of sustainable energy, agriculture, and water use is ongoing. One of the countries at the forefront of the clean technology revolution is of course Israel, which has become a global leader in exporting key innovations in disparate areas such as drip irrigation and water desalination, among others. It is not surprising, therefore, that IP lawyers in the U.S. often find themselves either representing Israeli companies, or adverse to them in the event of IP disputes.
Coming on the heels of the 2009 best-selling book, “Start-up Nation,” which sought to explain the rise of the Israeli high-tech sector, the conference I attended did not disappoint in terms of showcasing Israeli startups active across a wide range of clean technology areas. Perhaps more importantly — and in line with the book’s reporting of global venture capital interest in Israeli startups — there were clearly potential “customers” studying the presenting companies at the conference.
While some of those potential customers were clearly representatives of multinational corporations, there was also a large contingent of Chinese attendees. Whether they were sponsored by the Chinese government or by Chinese companies was not clear; nevertheless, the size of the Chinese delegation was impressive — especially considering the distance between Israel and China, as well as the comical population difference between the two countries. At least 15 Chinese cities are more populous than the entire country of Israel, after all.
I was reminded of my experience at the 2012 Eilat conference since I recently returned from a family bar-mitzvah trip to Israel. Over the course of my just under two-week visit, I had the opportunity to see much of the upper half of the country, including seeing concrete evidence of the continuing expansion of Silicon Valley and other companies into Israel. What was striking, as an initial matter, was that in addition to long-present stalwarts like Intel and Microsoft, we passed by modern office buildings (primarily in the Tel Aviv-Haifa coastal tech corridor) bearing the names of companies as diverse as Medtronic and Qualcomm. While those familiar names point to continued interest in Israel as a research and development center, there is also no doubt that multinational giants value proximity to Israel’s thriving startup scene as well. Sophisticated IP lawyers in the U.S. can continue to anticipate work originating out of or involving Israeli companies for a long time to come.
As just one example, Google announced a few months ago that it was setting up a new accelerator in Israel — apparently its first outside Silicon Valley — with a focus on machine learning and artificial intelligence. Developments like these make clear that the entrepreneurial spirit and innovation-prizing ecosystem prevalent in Israel will continue to flourish. At the same time, what was perhaps more impressive as a visitor to the country was not the potential inherent in the technologies being developed in the country. Rather, it was the clear signs of technologies actually being implemented, from wind farms in the North, to energy saving technologies in place in cities from Jerusalem to Tel Aviv. As a resource-challenged country, it was clear that Israeli innovation remains essential to the modern development of the economy there. Long-term, the ability of Israeli companies to export those technologies worldwide — while maintaining a sophisticated approach towards procuring and enforcing IP worldwide — will likely have an outsized impact on the country’s economic prospects. The early successes of some Israeli companies that have successfully globalized to date, such as Waze and MobileEye, augur well on that front.
Over the years, I have had the good fortune of seeing how other countries incorporate cutting-edge technologies to improve the lives of their citizens. From advanced high-speed trains in Shanghai, to Seoul’s hyper-modern subway and highways, to windfarms on the Curacao coastline, there is tremendous momentum worldwide to modernize responsibly — utilizing clean technologies wherever possible. My recent trip to Israel only confirmed what I already know. Israel’s small size, lack of oil, and scarce water supply are nothing more than challenges for the country’s innovators to solve. And while they work on those solutions, others in the country will continue to innovate in medicine, computers, and any other technology area you can think of.
Read More >> https://abovethelaw.com/legal-innovation-center/2018/07/10/a-return-visit-to-the-start-up-nation/
Israeli technology is in the news with respect to the gripping situation playing out in Thailand, with the rescue of trapped boys recently completed. This latest news confirms what many already know — that Israel punches above its weight with respect to innovation. For example, back in 2012, I had the opportunity to speak on IP awareness at a Cleantech conference in the Southern Israeli resort city of Eilat. At the time, there was a lot of interest in patent activity around Cleantech, with the promise of significant public and private investment dollars being directed toward startups and established companies innovating in the area of clean technology.
While the shale gas revolution in the United States and its concomitant impacts on global oil prices ended up dampening some of the global enthusiasm for investing in clean technologies, there is no doubt that significant innovation in the area of sustainable energy, agriculture, and water use is ongoing. One of the countries at the forefront of the clean technology revolution is of course Israel, which has become a global leader in exporting key innovations in disparate areas such as drip irrigation and water desalination, among others. It is not surprising, therefore, that IP lawyers in the U.S. often find themselves either representing Israeli companies, or adverse to them in the event of IP disputes.
Coming on the heels of the 2009 best-selling book, “Start-up Nation,” which sought to explain the rise of the Israeli high-tech sector, the conference I attended did not disappoint in terms of showcasing Israeli startups active across a wide range of clean technology areas. Perhaps more importantly — and in line with the book’s reporting of global venture capital interest in Israeli startups — there were clearly potential “customers” studying the presenting companies at the conference.
While some of those potential customers were clearly representatives of multinational corporations, there was also a large contingent of Chinese attendees. Whether they were sponsored by the Chinese government or by Chinese companies was not clear; nevertheless, the size of the Chinese delegation was impressive — especially considering the distance between Israel and China, as well as the comical population difference between the two countries. At least 15 Chinese cities are more populous than the entire country of Israel, after all.
I was reminded of my experience at the 2012 Eilat conference since I recently returned from a family bar-mitzvah trip to Israel. Over the course of my just under two-week visit, I had the opportunity to see much of the upper half of the country, including seeing concrete evidence of the continuing expansion of Silicon Valley and other companies into Israel. What was striking, as an initial matter, was that in addition to long-present stalwarts like Intel and Microsoft, we passed by modern office buildings (primarily in the Tel Aviv-Haifa coastal tech corridor) bearing the names of companies as diverse as Medtronic and Qualcomm. While those familiar names point to continued interest in Israel as a research and development center, there is also no doubt that multinational giants value proximity to Israel’s thriving startup scene as well. Sophisticated IP lawyers in the U.S. can continue to anticipate work originating out of or involving Israeli companies for a long time to come.
As just one example, Google announced a few months ago that it was setting up a new accelerator in Israel — apparently its first outside Silicon Valley — with a focus on machine learning and artificial intelligence. Developments like these make clear that the entrepreneurial spirit and innovation-prizing ecosystem prevalent in Israel will continue to flourish. At the same time, what was perhaps more impressive as a visitor to the country was not the potential inherent in the technologies being developed in the country. Rather, it was the clear signs of technologies actually being implemented, from wind farms in the North, to energy saving technologies in place in cities from Jerusalem to Tel Aviv. As a resource-challenged country, it was clear that Israeli innovation remains essential to the modern development of the economy there. Long-term, the ability of Israeli companies to export those technologies worldwide — while maintaining a sophisticated approach towards procuring and enforcing IP worldwide — will likely have an outsized impact on the country’s economic prospects. The early successes of some Israeli companies that have successfully globalized to date, such as Waze and MobileEye, augur well on that front.
Over the years, I have had the good fortune of seeing how other countries incorporate cutting-edge technologies to improve the lives of their citizens. From advanced high-speed trains in Shanghai, to Seoul’s hyper-modern subway and highways, to windfarms on the Curacao coastline, there is tremendous momentum worldwide to modernize responsibly — utilizing clean technologies wherever possible. My recent trip to Israel only confirmed what I already know. Israel’s small size, lack of oil, and scarce water supply are nothing more than challenges for the country’s innovators to solve. And while they work on those solutions, others in the country will continue to innovate in medicine, computers, and any other technology area you can think of.
Read More >> https://abovethelaw.com/legal-innovation-center/2018/07/10/a-return-visit-to-the-start-up-nation/
Wednesday, July 11, 2018
How to Patent a Plant Species
By: Michael J Foycik Jr.
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
A plant species
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.
This is very rare, but can be done! The inventive species is identified.
First, a drawing is made showing the inventive species. This is best done by a color photograph.
A claim or claims and an abstract would be added. And, standard text is added including sections titled: background of the invention; summary of the invention; brief description of the drawings; and an abstract of the disclosure. This part is not usually hard to do, but can be time consuming.
Then, a Declaration is prepared showing the name of the inventor and title of the invention. This is from a standard form provided by the US Patent Office.
Last, a cover page including a Transmittal sheet is prepared, listing what is being filed with the US Patent Office. The Transmittal page normally will include a check for the amount of the US government filing fee, and a postcard filing receipt. The check can be omitted, as can the signed Declaration, but in that case the US Patent Office will send a notice asking for those items along with a relatively small late fee.
The drawings may or may not be accepted as filed. If not accepted, the US Patent Office sends a notice, and sets a time period for submitting the formal drawings. A specially skilled draftsman normally prepares the formal drawings, since the US Patent Office has very specific and detailed requirements for the drawings. We work with a skilled patent draftsman, to provide the formal drawings.
The application is examined by the US Patent Office. If granted, the application matures into a plant patent. A granted plant patent can be enforced in court, and it can be assigned and licensed too.
Read More >> http://internationalpatentservice.com/How-to-Patent-a-Plant-Species.html
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
A plant species
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.
This is very rare, but can be done! The inventive species is identified.
First, a drawing is made showing the inventive species. This is best done by a color photograph.
A claim or claims and an abstract would be added. And, standard text is added including sections titled: background of the invention; summary of the invention; brief description of the drawings; and an abstract of the disclosure. This part is not usually hard to do, but can be time consuming.
Then, a Declaration is prepared showing the name of the inventor and title of the invention. This is from a standard form provided by the US Patent Office.
Last, a cover page including a Transmittal sheet is prepared, listing what is being filed with the US Patent Office. The Transmittal page normally will include a check for the amount of the US government filing fee, and a postcard filing receipt. The check can be omitted, as can the signed Declaration, but in that case the US Patent Office will send a notice asking for those items along with a relatively small late fee.
The drawings may or may not be accepted as filed. If not accepted, the US Patent Office sends a notice, and sets a time period for submitting the formal drawings. A specially skilled draftsman normally prepares the formal drawings, since the US Patent Office has very specific and detailed requirements for the drawings. We work with a skilled patent draftsman, to provide the formal drawings.
The application is examined by the US Patent Office. If granted, the application matures into a plant patent. A granted plant patent can be enforced in court, and it can be assigned and licensed too.
Read More >> http://internationalpatentservice.com/How-to-Patent-a-Plant-Species.html
Tuesday, July 10, 2018
Tomorrow’s Brands Might Be Impossible To Trademark
By: MARK WILSON
Anyone who owns an Amazon Echo is familiar with the blue ring. It’s the glowing, abstract face of the Alexa assistant that signifies when it is listening, thinking, and speaking. It’s about as ephemeral as user interface can get.
Perhaps it doesn’t seem odd that Amazon attempted to register the ring as a trademark in 2016. After all, trademarks give companies more protections over their brands. Amazon wants to protect Alexa like Nike wants to protect the swoosh. But in fact, it’s a relatively rare, aggressive move on Amazon’s part: registering a trademark not for a corporate logo, but a piece of a user interface.
Amazon’s move hints at a future where brands and their interfaces are less tangible, and yet even more deeply embedded into the world around us–a place where the brand is the AI, and the AI is the interface. In that future, the brand will no longer be a logomark, but a pulse, an animation, a glow. One legal expert takes us into the confusion of this brave new world.
Companies don’t trademark user interfaces often. Instead, they patent them. These patents can be worth billions of dollars, but there’s a catch: Most patents have a 20-year expiration date. “[Patent] rights don’t last forever,” says Sarah Burstein, associate professor of Law at the University of Oklahoma. “Trademark rights last as long as the mark is used in commerce, so they can potentially last forever.”
So why doesn’t every company protect its user interfaces via permanent trademarks rather than short-lived patents? Because legally, you can’t register a trademark on something that has any kind of real-world utility. And user interfaces are entirely about utility.
Think of a trademark as a visual identifier for a company. Because of trademarks, you can look at the three stripes on any pair of running pants and instantly know they’re made by Adidas. They’re a signifier of brand cachet in a world where, sometimes, that cachet is the only reason one pair of running pants costs more than another. Technically, federal law describes a trademark as “any word, name, symbol, or device, or any combination thereof” that’s used “to identify and distinguish his or her goods, including a unique product, from those manufactured or sold by others and to indicate the source of the goods, even if that source is unknown.”
Trademarks sound pretty invincible, right? They have at least one major caveat, however. As Burstein explains, trademarks must be “nonfunctional.” A trademarked design can’t do work, like a patented one does, because while trademarks can be protected forever, patents are meant to expire specifically so innovations can be shared by everyone. Trademarks are designed to defend against counterfeiters, not protect innovation.
Which is why Amazon might not get its registered trademark after all. “Based on Amazon’s description of the light ring, it appears that the lights provide the user with information about what the device is doing,” observes Burstein with a logic that makes sense to us. “So the moving light sequence claimed in Amazon’s trademark registration application might be deemed ‘functional’ and, thus, ineligible for protection.”
Read More >> https://www.fastcompany.com/90135026/tomorrows-brands-might-be-impossible-to-trademark
Anyone who owns an Amazon Echo is familiar with the blue ring. It’s the glowing, abstract face of the Alexa assistant that signifies when it is listening, thinking, and speaking. It’s about as ephemeral as user interface can get.
Perhaps it doesn’t seem odd that Amazon attempted to register the ring as a trademark in 2016. After all, trademarks give companies more protections over their brands. Amazon wants to protect Alexa like Nike wants to protect the swoosh. But in fact, it’s a relatively rare, aggressive move on Amazon’s part: registering a trademark not for a corporate logo, but a piece of a user interface.
Amazon’s move hints at a future where brands and their interfaces are less tangible, and yet even more deeply embedded into the world around us–a place where the brand is the AI, and the AI is the interface. In that future, the brand will no longer be a logomark, but a pulse, an animation, a glow. One legal expert takes us into the confusion of this brave new world.
Companies don’t trademark user interfaces often. Instead, they patent them. These patents can be worth billions of dollars, but there’s a catch: Most patents have a 20-year expiration date. “[Patent] rights don’t last forever,” says Sarah Burstein, associate professor of Law at the University of Oklahoma. “Trademark rights last as long as the mark is used in commerce, so they can potentially last forever.”
So why doesn’t every company protect its user interfaces via permanent trademarks rather than short-lived patents? Because legally, you can’t register a trademark on something that has any kind of real-world utility. And user interfaces are entirely about utility.
Think of a trademark as a visual identifier for a company. Because of trademarks, you can look at the three stripes on any pair of running pants and instantly know they’re made by Adidas. They’re a signifier of brand cachet in a world where, sometimes, that cachet is the only reason one pair of running pants costs more than another. Technically, federal law describes a trademark as “any word, name, symbol, or device, or any combination thereof” that’s used “to identify and distinguish his or her goods, including a unique product, from those manufactured or sold by others and to indicate the source of the goods, even if that source is unknown.”
Trademarks sound pretty invincible, right? They have at least one major caveat, however. As Burstein explains, trademarks must be “nonfunctional.” A trademarked design can’t do work, like a patented one does, because while trademarks can be protected forever, patents are meant to expire specifically so innovations can be shared by everyone. Trademarks are designed to defend against counterfeiters, not protect innovation.
Which is why Amazon might not get its registered trademark after all. “Based on Amazon’s description of the light ring, it appears that the lights provide the user with information about what the device is doing,” observes Burstein with a logic that makes sense to us. “So the moving light sequence claimed in Amazon’s trademark registration application might be deemed ‘functional’ and, thus, ineligible for protection.”
Read More >> https://www.fastcompany.com/90135026/tomorrows-brands-might-be-impossible-to-trademark
Monday, July 9, 2018
How to Patent a Provisional Patent Application
By: Michael J Foycik Jr.
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
A provisional patent application
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.
A slightly better title would be “How to Get a Provisional Patent Application.“ That would be more correct, as explained below. It is easy to get a provisional patent application, which gives “patent pending” status but cannot in itself be “patented.” Instead, a provisional patent application holds the date (as the date of filing), protects the owner against later copiers, and permits later filing of a utility (“regular”) patent application.
Why get a Provisional Patent Application? It is less costly, and has a lower government filing fee, as compared with a utility patent application. It takes less effort to prepare, and needs no formal drawings and no signed Declaration.
Anything can be the subject of a provisional patent application. It provides defensive protection against later imitators. And, it can be the basis of a later utility patent application. It’s very useful to get a provisional patent application!
So what's the catch? The catch is, the provisional patent application lasts for only one year, after which the idea belongs to the public unless a utility patent application has been filed during that year.
So why file a Provisional Patent Application? If you are publishing the invention or showing it to potential investors or distributors or at a trade show, then a Provisional Patent Application will secure the date of filing, and can protect you against later imitators. How can it protect? It would prevent a competitor from copying your idea and patenting it themselves, then using the patent against you. Yes, that really happens sometimes! And, if the provisional application is followed up within one year by a utility patent application that issues as a patent, then it would allow you to seek damages in court.
Do you need to wait for a patent to issue before commercializing your invention? No, not at all! In fact, a pending patent application can be even more valuable than an issued patent in some cases, and a pending provisional patent application can be sold, assigned, or licensed.
What do you need to get a provisional patent application? You need a written description of the idea. And, it is helpful to provide drawings or sketches of the idea or invention, preferably with numbers that can be referred to in the body of the written description. The drawings do not need to be like blueprints; they can be simple or very rough, as long as they can be understood in connection with the text in the provisional patent application. And, it is not necessary to have a working model.
Here's a simple example showing how to get a provisional patent application for an idea for a very simple and amusing invention. The simple idea: add a blinking light to a pencil eraser. For the moment, we aren't concerned with whether it has been done before. For now, the idea would be expressed in words, written just as above, as the text or body of the application. And, since it is possible to illustrate the idea in a drawing, we would also add a sketch showing where the light should be placed on the eraser. The parts shown in the drawings should be numbered, for easy reference. The text would refer to the features of the drawings, and name the parts indicated by numbers, and also explain the function or purpose of the parts. What else should be shown in the drawings? The light should have a power source, for example a small solar panel or a small battery, and connecting wires should be shown connecting the power source to the light.
Read More >> http://internationalpatentservice.com/How-to-Patent-a-Provisional-Patent-Application.html
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
A provisional patent application
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.
A slightly better title would be “How to Get a Provisional Patent Application.“ That would be more correct, as explained below. It is easy to get a provisional patent application, which gives “patent pending” status but cannot in itself be “patented.” Instead, a provisional patent application holds the date (as the date of filing), protects the owner against later copiers, and permits later filing of a utility (“regular”) patent application.
Why get a Provisional Patent Application? It is less costly, and has a lower government filing fee, as compared with a utility patent application. It takes less effort to prepare, and needs no formal drawings and no signed Declaration.
Anything can be the subject of a provisional patent application. It provides defensive protection against later imitators. And, it can be the basis of a later utility patent application. It’s very useful to get a provisional patent application!
So what's the catch? The catch is, the provisional patent application lasts for only one year, after which the idea belongs to the public unless a utility patent application has been filed during that year.
So why file a Provisional Patent Application? If you are publishing the invention or showing it to potential investors or distributors or at a trade show, then a Provisional Patent Application will secure the date of filing, and can protect you against later imitators. How can it protect? It would prevent a competitor from copying your idea and patenting it themselves, then using the patent against you. Yes, that really happens sometimes! And, if the provisional application is followed up within one year by a utility patent application that issues as a patent, then it would allow you to seek damages in court.
Do you need to wait for a patent to issue before commercializing your invention? No, not at all! In fact, a pending patent application can be even more valuable than an issued patent in some cases, and a pending provisional patent application can be sold, assigned, or licensed.
What do you need to get a provisional patent application? You need a written description of the idea. And, it is helpful to provide drawings or sketches of the idea or invention, preferably with numbers that can be referred to in the body of the written description. The drawings do not need to be like blueprints; they can be simple or very rough, as long as they can be understood in connection with the text in the provisional patent application. And, it is not necessary to have a working model.
Here's a simple example showing how to get a provisional patent application for an idea for a very simple and amusing invention. The simple idea: add a blinking light to a pencil eraser. For the moment, we aren't concerned with whether it has been done before. For now, the idea would be expressed in words, written just as above, as the text or body of the application. And, since it is possible to illustrate the idea in a drawing, we would also add a sketch showing where the light should be placed on the eraser. The parts shown in the drawings should be numbered, for easy reference. The text would refer to the features of the drawings, and name the parts indicated by numbers, and also explain the function or purpose of the parts. What else should be shown in the drawings? The light should have a power source, for example a small solar panel or a small battery, and connecting wires should be shown connecting the power source to the light.
Read More >> http://internationalpatentservice.com/How-to-Patent-a-Provisional-Patent-Application.html
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