By: Joff Wild
There are myriad issues facing the global patent system which, if not addressed, could lead to a decline in its use. Put simply, there is way too much data for humans to properly digest. In this month’s Clarivate Analytics guest piece, Ed White – director of IP analytics at the firm – argues that a closer focus on artificial intelligence could help to solve this existential problem.
The patent system today is challenged as never before. The requirements of novelty and non-obviousness are becoming increasingly difficult to meet and determine with any great level of certainty. The causes for this are well known.
The volume of information is vast and growing. Last month saw the publication of US patent number 10,000,000. It joins over 100 million other patent documents, 70 million plus journal articles and over four billion indexed web pages in the corpus of information that potentially needs to be searched to establish novelty. And the pace is not slackening. It took 122 years to issue the one millionth patent in 1911. It took just over three years to go from nine million to 10 million.
While that growth reflects the increasing ingenuity of civilisation in finding solutions to today’s myriad technical problems, big and small, it comes with a problem. The patent system is based on an exchange – exclusivity, in return for transparency and the benefit of all. While digitisation has meant that most of the world’s patents are readily available, when they come as a firehose, as they do today, we run into some trouble.
Secondly, for some time we have operated in a world where the majority of new inventions don’t have any detail in English. Of the 5.6 million patent documents published globally in 2017, over 62% are in Chinese, Japanese or Korean, often with no English language equivalent. This too is problematic. It means that the working language of innovation is essentially robbed of the open disclosure intended when patent exclusivity is given out.
Thirdly, innovation is increasingly taking place at the intersection of different technologies and understanding that innovation requires more and more highly complex and specialist knowledge. The information in patents is complicated. Its value is hidden behind a barrier of required or expected knowledge.
These issues taken together challenge the utility of the patent system. If not addressed, they could potentially devalue it and lead to decline in its use. There is simply way too much data for a human to read, analyse and understand. It is clear we need help. Step up artificial intelligence (AI).
What is AI?
The generally accepted definition of AI is the demonstration of intelligence by machines. More commonly, it's a term that is used when we use a machine to mimic cognitive human functions such as learning and problem-solving.
Over time, there has been a lot of research done in the areas of mathematics, cognitive science and other areas, but AI really took off in the late 1990s with the advent of computing technology. This allowed AI to make great advances and to result in some tangible applications in various areas.
AI is enabled through machine learning. Training a machine learning system with a pre-determined focused data set provides the computer with the ability to continue learning without being pre-programmed. Machine learning provides algorithms that learn from data and create foresights based on that data. By using machine learning, AI is able to use learning from a data set to solve problems and give relevant recommendations.
How is AI currently being used?
As applications which demonstrate artificial intelligence become widely adopted, the tendency is to forget that they are actually a part of AI. Machine translation is an example.
We take for granted that we can copy and paste foreign language text and get back a passable translation instantly, but the machine is truly demonstrating a level of intelligence in performing that feat. The technology is already being used to address the language issue in patents – specialist machine translation engines are already good and getting much better daily.
Natural language processing is another part of AI that has great potential to help address the twin challenges of volume and complexity. According to Tom Fleischman, Master Inventor at IBM:
“I believe we must begin to train AI machines to ingest, digest, understand and analyse the tremendous amount of data and to provide insights. This is not necessarily to give us the answer, but to provide insights that help reach towards an answer. The insights provided should be used as a guide - in this sense, at IBM we call AI ‘augmented Intelligence’ rather than artificial intelligence. It shouldn’t be used to replace human thinking – it’s meant to augment human thinking. Think of it as a co-worker.”
Another area where machines have already proved immensely helpful is semantic search, where a section of natural language text is used to search against a data set and return relevance ranked results. There are various approaches to achieve this - ranging from deep learning techniques and artificial neural networks to Bayesian networks and latent semantic analysis and indexing - but a useful model to look at is the so-called Vector Space Model.
This allows us to take a set of documents and to show the similarity between them by mapping them in multidimensional space. This is done by considering the terms within the documents and calculating a vector value which places the document at a specific point in space. The query is then treated the same way as a document and a vector value calculated for the query, and then the vector distance between the query and documents tells us how closely related the answers are to the query. This allows us to rank documents in the dataset – the closer the vector value of the document is to the query, the more highly relevant the answer is to the query.
Read More >> http://www.iam-media.com/Blog/Detail.aspx?g=e9edf28d-0c7d-48aa-8688-51d6d3b92b9b
Wednesday, August 8, 2018
Tuesday, August 7, 2018
Startup Companies and Trademarks, an Attorney's View
By: Michael J Foycik Jr.
April 27, 2013
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.
An important decision facing new startup companies is what to do about trademarks. The question is, should they apply for a federal trademark registration. The answer to that depends very much on the goals for the startup.
If the goal of the owner of the startup company is to succed and then sell at a profit, then a federal trademark is essential. Think about it from the perspective of a buyer: without a trademark, that buyer cannot get the goodwill of the startup company. That goodwill includes such things as name recognition by customers, and loyalty all those dealing with the existing company. But, without official trademark rights, the buyer may not have exclusive rights to the use of the trademark, and imitators could flourish.
Some startups need investors, and investors are more comfortable when they see rights owned by the startup. After all, what are they investing in, if not intellectual property rights of some kind? Those rights commonly are from a good trade name or trademark. Other such IP rights can include trade secrets, patents, or copyrights.
A registered trademark is also a good way to lessen the possibility of trademark litigation. And, it is a way to prevent others from copying the business. Often, a good business trademark is valuable, and I have seen startups fail when competing businesses were able to simply appropriate essential elements of the business trademark.
Read More >> http://internationalpatentservice.com/Startup-Companies-and-Trademarks-an-Attorney-View.html
April 27, 2013
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.
An important decision facing new startup companies is what to do about trademarks. The question is, should they apply for a federal trademark registration. The answer to that depends very much on the goals for the startup.
If the goal of the owner of the startup company is to succed and then sell at a profit, then a federal trademark is essential. Think about it from the perspective of a buyer: without a trademark, that buyer cannot get the goodwill of the startup company. That goodwill includes such things as name recognition by customers, and loyalty all those dealing with the existing company. But, without official trademark rights, the buyer may not have exclusive rights to the use of the trademark, and imitators could flourish.
Some startups need investors, and investors are more comfortable when they see rights owned by the startup. After all, what are they investing in, if not intellectual property rights of some kind? Those rights commonly are from a good trade name or trademark. Other such IP rights can include trade secrets, patents, or copyrights.
A registered trademark is also a good way to lessen the possibility of trademark litigation. And, it is a way to prevent others from copying the business. Often, a good business trademark is valuable, and I have seen startups fail when competing businesses were able to simply appropriate essential elements of the business trademark.
Read More >> http://internationalpatentservice.com/Startup-Companies-and-Trademarks-an-Attorney-View.html
Monday, August 6, 2018
Cannabis Industry Seeks Clarity in Intellectual Property Haze (Corrected)
By Malathi Nayak
U.S. cannabis businesses are racing to lay claim to patent and trademark protections, even though they lack federal intellectual property rights.
The U.S. Patent and Trademark Office doesn’t grant federal trademark registrations on products involving marijuana, which is illegal under federal law. The federal ban doesn’t impact the grant of cannabis-related patents.
The PTO has issued more than 500 cannabis-related patents since 2000, according to Bloomberg Law data. The patents broadly cover marijuana-related plant strains, chemical formulations, medical treatments, and devices to make and consume cannabis products.
The federal illegality of marijuana means the industry lacks clarity over how their intellectual property rights will hold up if challenged in federal court.
Cannabis businesses have creatively sought out state-level trademark protections when possible, and navigated a web of disparate state laws to safeguard their rights, attorneys, industry executives and in-house counsel told Bloomberg Law.
“We believe not only state IP laws but also state competitive fairness and competition laws are very good avenues in the meantime before the federal question gets answered,” James Whitcomb, chief financial officer of Surterra Holdings, which sells cannabis-based medical treatments in Florida and Texas, said.
Legalization Fever Pitch
The cannabis legalization debate could reach a fever pitch in many state elections later this year, Bloomberg Intelligence analyst Kenneth Shea said. Thirty U.S. states and the District of Columbia already allow some form of legal cannabis sales.
Michigan has a ballot vote for legalizing recreational marijuana and Utah has a ballot measure to legalize medical marijuana set for November.
Legal U.S. cannabis sales are expected to reach almost $10 billion in 2018 and hit nearly $23 billion in 2025, according to Bloomberg Intelligence data sourced from cannabis industry intelligence firm New Frontier Data.
Robust federal trademark and patent rights instead of a patchwork of state protections could help the fast-growing industry expand further and fend off global competition, Shea said.
U.S. cannabis businesses should take IP rights at the domestic and global level seriously, Shabnam Malek, a partner at Brand & Branch LLP and co-founder of the National Cannabis Bar Association, said.
They “should have IP enforcement programs and set themselves up for the oncoming decriminalization and possible legalization on a federal level,” she told Bloomberg Law.
Trademark Workarounds
Companies such as Acreage Holdings, which cultivates and sells cannabis products in 12 U.S. states, depends on state trademark protection to operate, Acreage’s general counsel, James Doherty, told Bloomberg Law. Former U.S. House speaker John Boehner (R.-Ohio) is on Acreage’s advisory board.
Medical cannabis business Canndescent has 10 registered federal trademarks, patent and trademark office records show. Those trademarks only cover secondary products, such as smoking accessories and apparel, its chief executive officer Adrian Sedlin said.
Canndescent’s cannabis formulations, which Sedlin says make up the company’s bread-and-butter sales, can’t register U.S. trademarks. He said he worries if someone in Canada, which is on track to legalize marijuana in mid-October, may snag a trademark on “Canndescent.”
Read More >> https://www.bna.com/cannabis-industry-seeks-n73014481143/
U.S. cannabis businesses are racing to lay claim to patent and trademark protections, even though they lack federal intellectual property rights.
The U.S. Patent and Trademark Office doesn’t grant federal trademark registrations on products involving marijuana, which is illegal under federal law. The federal ban doesn’t impact the grant of cannabis-related patents.
The PTO has issued more than 500 cannabis-related patents since 2000, according to Bloomberg Law data. The patents broadly cover marijuana-related plant strains, chemical formulations, medical treatments, and devices to make and consume cannabis products.
The federal illegality of marijuana means the industry lacks clarity over how their intellectual property rights will hold up if challenged in federal court.
Cannabis businesses have creatively sought out state-level trademark protections when possible, and navigated a web of disparate state laws to safeguard their rights, attorneys, industry executives and in-house counsel told Bloomberg Law.
“We believe not only state IP laws but also state competitive fairness and competition laws are very good avenues in the meantime before the federal question gets answered,” James Whitcomb, chief financial officer of Surterra Holdings, which sells cannabis-based medical treatments in Florida and Texas, said.
Legalization Fever Pitch
The cannabis legalization debate could reach a fever pitch in many state elections later this year, Bloomberg Intelligence analyst Kenneth Shea said. Thirty U.S. states and the District of Columbia already allow some form of legal cannabis sales.
Michigan has a ballot vote for legalizing recreational marijuana and Utah has a ballot measure to legalize medical marijuana set for November.
Legal U.S. cannabis sales are expected to reach almost $10 billion in 2018 and hit nearly $23 billion in 2025, according to Bloomberg Intelligence data sourced from cannabis industry intelligence firm New Frontier Data.
Robust federal trademark and patent rights instead of a patchwork of state protections could help the fast-growing industry expand further and fend off global competition, Shea said.
U.S. cannabis businesses should take IP rights at the domestic and global level seriously, Shabnam Malek, a partner at Brand & Branch LLP and co-founder of the National Cannabis Bar Association, said.
They “should have IP enforcement programs and set themselves up for the oncoming decriminalization and possible legalization on a federal level,” she told Bloomberg Law.
Trademark Workarounds
Companies such as Acreage Holdings, which cultivates and sells cannabis products in 12 U.S. states, depends on state trademark protection to operate, Acreage’s general counsel, James Doherty, told Bloomberg Law. Former U.S. House speaker John Boehner (R.-Ohio) is on Acreage’s advisory board.
Medical cannabis business Canndescent has 10 registered federal trademarks, patent and trademark office records show. Those trademarks only cover secondary products, such as smoking accessories and apparel, its chief executive officer Adrian Sedlin said.
Canndescent’s cannabis formulations, which Sedlin says make up the company’s bread-and-butter sales, can’t register U.S. trademarks. He said he worries if someone in Canada, which is on track to legalize marijuana in mid-October, may snag a trademark on “Canndescent.”
Read More >> https://www.bna.com/cannabis-industry-seeks-n73014481143/
Sunday, August 5, 2018
Forget the Scams, Make Money from Your Invention
By: Michael J Foycik Jr.
April 27, 2013
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.
You've seen the scams. Forget those, and move on: real people can and do make money from their inventions. Let's see who and how.
Who succeeds with their inventions? Just about anyone, and at just about any age. Here are a few ways.
If samples of the inventive product are available, then the quickest route can often involve first rate department stores and consignment sales. It's easy if you know how, and it's easy to try even if you don't know how. One successful person just went to their favorite department store, bringing their product, and talked to a manager about it.
For some inventions, it may be better to go through distributors. That is not hard, but it is not always easy either. Some distributors will help with the manufacturing costs, and some won't. Your best deals come when you can provide the goods.
Sometimes, it helps to get investors to provide funding and expertise, so you can make and sell the invention. The best ways to get investors involve one important first step: finding the manufacturing cost of a prototype. That part isn't difficult if you know how, and can often be done in just a few days. Most inventors are surpised by the low costs, and of course investors like seeing low costs since it means higher profits.
There are ways to find and meet investors. I recommend e-press releases as a very low cost way to attract investors. I can also recommend viral marketing, which is also a relatively low cost way. There are even investor clubs in many areas, if you look for them.
Another point: it is not necessary to have a patent. It helps to have a patent application on file even if it does not issue as a patent, since that documents your invention as a trade secret. And, trade secrets themselves have great value and offer a form of protection.
Read More >> http://internationalpatentservice.com/Forget-the-Scams-Make-Money-from-Your-Invention.html
April 27, 2013
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.
You've seen the scams. Forget those, and move on: real people can and do make money from their inventions. Let's see who and how.
Who succeeds with their inventions? Just about anyone, and at just about any age. Here are a few ways.
If samples of the inventive product are available, then the quickest route can often involve first rate department stores and consignment sales. It's easy if you know how, and it's easy to try even if you don't know how. One successful person just went to their favorite department store, bringing their product, and talked to a manager about it.
For some inventions, it may be better to go through distributors. That is not hard, but it is not always easy either. Some distributors will help with the manufacturing costs, and some won't. Your best deals come when you can provide the goods.
Sometimes, it helps to get investors to provide funding and expertise, so you can make and sell the invention. The best ways to get investors involve one important first step: finding the manufacturing cost of a prototype. That part isn't difficult if you know how, and can often be done in just a few days. Most inventors are surpised by the low costs, and of course investors like seeing low costs since it means higher profits.
There are ways to find and meet investors. I recommend e-press releases as a very low cost way to attract investors. I can also recommend viral marketing, which is also a relatively low cost way. There are even investor clubs in many areas, if you look for them.
Another point: it is not necessary to have a patent. It helps to have a patent application on file even if it does not issue as a patent, since that documents your invention as a trade secret. And, trade secrets themselves have great value and offer a form of protection.
Read More >> http://internationalpatentservice.com/Forget-the-Scams-Make-Money-from-Your-Invention.html
Saturday, August 4, 2018
From student to startup: 3 things I learned
By: Stafford W. Sheehan, Ph.D.
August 3, 2018
Staff Sheehan is an electrochemist and president of Catalytic Innovations. He received his Ph.D. at Yale University, was named one of the Forbes 30 Under 30 in the energy sector in 2016 and was among the CAS SciFinder Future Leaders in 2015 and Chemical & Engineering News Talented 12 in 2017. Passionate about helping to solve the climate change problem, Staff has been steadily making progress toward climate-friendly devices that will reduce carbon dioxide emissions.
Over three years ago, I decided to take a leap of faith into the world of chemistry startup companies. My first idea was to take practical solutions for reducing energy consumption from the research lab into the real world. After taking the plunge, Catalytic Innovations has been generating sales and growing after three years, but it’s not been easy.
It's fair to say that this career decision was not without its share of challenges. It was, and still is, less conventional than traditional academic, consulting or industrial routes for a young Ph.D. graduate. It means going from an environment with a wealth of resources at a university to an incubator with just you, your great idea and an internet connection.
During my Ph.D. at Yale University, I studied artificial photosynthesis, which is the conversion and storage of solar energy using chemical bonds in a carbon-neutral fuel. Intellectual property (IP) in this field centers on the catalysts and systems that can perform the desired reactions. This is an area with tremendous potential for innovation. Making fuel or fine chemicals from air has many important applications in renewable energy and toward solving the global problem of climate change, something I'm very passionate about. This became the focus for my company.
In this blog post, I'll discuss how I overcame the challenges I faced with my startup and outline some tips for young entrepreneurs thinking of doing the same.
Protect your intellectual property
Whatever a company's focus, in a technical industry like chemistry, IP is the most valuable asset. It is crucial that you have a robust way to protect your innovations that is both efficient and cost effective. Access to comprehensive scientific information resources is critical to building defensible patents and an effective IP strategy.
In the early stages of building the portfolio of technology around water oxidation that my company licenses, solutions such as SciFinder and PatentPak helped me determine an effective patent strategy that ensured we had defensible IP. By having access to the same tools that patent lawyers and examiners have to search prior art, we could execute rapid and rigorous structural searches in the global patent literature, allowing us to draft patents that had the highest chance of being granted. This was fundamental to getting a key patent granted at the U.S. Patent and Trademark Office (while also minimizing legal expenses).
Raise funds with an MVP
Transitioning from a scientist at a research institution to managing a small business comes with plenty of funding issues. Raising money with investors, contract research or grants all have their own nuanced challenges. Becoming an effective fundraiser is critical, even more so than for colleagues in academia, large industry or government. Without money, your small business won't be around for long!
My advice is to think carefully about your minimum viable product (MVP) and start selling it as quickly as possible. Think of something that customers can easily relate to and use. Even if it might not be the best showcase of your technology, if there's demand for it, you can build a business.
A thorough review of the research landscape will help ensure you are considering all relevant applications for your technology, as well as possible competitors. Catalytic Innovations uses water oxidation catalysts, which we intended to use for artificial photosynthesis, as anti-corrosion coatings and for other niche applications.
Expand your professional network
Building a network in your field is useful for business and is crucial to making sure your start-up succeeds. For scientists in the early stages of their careers, I recommend applying for networking opportunities like the CAS SciFinder Future Leaders program and C&EN's Talented Twelve. By participating in these programs, you'll meet a diverse group of scientists to help you gather valuable intel as you embark on a wide range of career paths in academia, industry, government or working in a startup. Joining a professional society, such as the American Chemical Society (ACS), is also a great way to expand your network and enhance your career development.
However, networking for a business isn't as straightforward as meeting new people. When looking for business opportunities, it's easy to fall into situations where your time is not being utilized effectively. When trying to make high-level connections, it is useful to attend events where participants are vetted, as they offer a better chance of yielding a helpful professional connection.
There are plenty of opportunities to apply for programs and accelerators where participants are vetted for entrepreneurs. Groups like Singularity University, Y Combinator, Techstars, MassChallenge, Forbes and many others provide excellent opportunities to extend the reach of your new company and make those all-important contacts. I suggest exploring these options to see what could work best for you.
Read More >> https://www.cas.org/blog/student-startup-3-things-i-learned
August 3, 2018
Staff Sheehan is an electrochemist and president of Catalytic Innovations. He received his Ph.D. at Yale University, was named one of the Forbes 30 Under 30 in the energy sector in 2016 and was among the CAS SciFinder Future Leaders in 2015 and Chemical & Engineering News Talented 12 in 2017. Passionate about helping to solve the climate change problem, Staff has been steadily making progress toward climate-friendly devices that will reduce carbon dioxide emissions.
Over three years ago, I decided to take a leap of faith into the world of chemistry startup companies. My first idea was to take practical solutions for reducing energy consumption from the research lab into the real world. After taking the plunge, Catalytic Innovations has been generating sales and growing after three years, but it’s not been easy.
It's fair to say that this career decision was not without its share of challenges. It was, and still is, less conventional than traditional academic, consulting or industrial routes for a young Ph.D. graduate. It means going from an environment with a wealth of resources at a university to an incubator with just you, your great idea and an internet connection.
During my Ph.D. at Yale University, I studied artificial photosynthesis, which is the conversion and storage of solar energy using chemical bonds in a carbon-neutral fuel. Intellectual property (IP) in this field centers on the catalysts and systems that can perform the desired reactions. This is an area with tremendous potential for innovation. Making fuel or fine chemicals from air has many important applications in renewable energy and toward solving the global problem of climate change, something I'm very passionate about. This became the focus for my company.
In this blog post, I'll discuss how I overcame the challenges I faced with my startup and outline some tips for young entrepreneurs thinking of doing the same.
Protect your intellectual property
Whatever a company's focus, in a technical industry like chemistry, IP is the most valuable asset. It is crucial that you have a robust way to protect your innovations that is both efficient and cost effective. Access to comprehensive scientific information resources is critical to building defensible patents and an effective IP strategy.
In the early stages of building the portfolio of technology around water oxidation that my company licenses, solutions such as SciFinder and PatentPak helped me determine an effective patent strategy that ensured we had defensible IP. By having access to the same tools that patent lawyers and examiners have to search prior art, we could execute rapid and rigorous structural searches in the global patent literature, allowing us to draft patents that had the highest chance of being granted. This was fundamental to getting a key patent granted at the U.S. Patent and Trademark Office (while also minimizing legal expenses).
Raise funds with an MVP
Transitioning from a scientist at a research institution to managing a small business comes with plenty of funding issues. Raising money with investors, contract research or grants all have their own nuanced challenges. Becoming an effective fundraiser is critical, even more so than for colleagues in academia, large industry or government. Without money, your small business won't be around for long!
My advice is to think carefully about your minimum viable product (MVP) and start selling it as quickly as possible. Think of something that customers can easily relate to and use. Even if it might not be the best showcase of your technology, if there's demand for it, you can build a business.
A thorough review of the research landscape will help ensure you are considering all relevant applications for your technology, as well as possible competitors. Catalytic Innovations uses water oxidation catalysts, which we intended to use for artificial photosynthesis, as anti-corrosion coatings and for other niche applications.
Expand your professional network
Building a network in your field is useful for business and is crucial to making sure your start-up succeeds. For scientists in the early stages of their careers, I recommend applying for networking opportunities like the CAS SciFinder Future Leaders program and C&EN's Talented Twelve. By participating in these programs, you'll meet a diverse group of scientists to help you gather valuable intel as you embark on a wide range of career paths in academia, industry, government or working in a startup. Joining a professional society, such as the American Chemical Society (ACS), is also a great way to expand your network and enhance your career development.
However, networking for a business isn't as straightforward as meeting new people. When looking for business opportunities, it's easy to fall into situations where your time is not being utilized effectively. When trying to make high-level connections, it is useful to attend events where participants are vetted, as they offer a better chance of yielding a helpful professional connection.
There are plenty of opportunities to apply for programs and accelerators where participants are vetted for entrepreneurs. Groups like Singularity University, Y Combinator, Techstars, MassChallenge, Forbes and many others provide excellent opportunities to extend the reach of your new company and make those all-important contacts. I suggest exploring these options to see what could work best for you.
Read More >> https://www.cas.org/blog/student-startup-3-things-i-learned
Thursday, August 2, 2018
What is the Meaning of “Patent”
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.
Attorney Advice on: What is the Meaning of “Patent”
by Michael Foycik, registered US patent attorney
April 18, 2013
An important legal question is, what is the meaning of “patent” and, how is it relevant to inventors and businesspersons. The simplest answer is that a patent is a monopoly for a limited time, which is granted by a governmental entity.
In the US, there are several main types of patent: design; utility; provisional. But, what is the meaning of “patent” when there are several types? Again, a short answer will be helpful, explained as follows.
A design patent covers the ornamental features of an invention which are non-functional - imagine an unusual perfume bottle shape as an example. A utility patent covers only features which are functional, rather than ornamental – think of a car engine as an example. A provisional patent is somewhat like a utility patent application but exists for only one year. So, the answer to the question what is the meaning of “patent” is that it depends on the type of invention and the type of protection needed.
Read More >> http://internationalpatentservice.com/What-is-the-Meaning-of-Patent.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.
Attorney Advice on: What is the Meaning of “Patent”
by Michael Foycik, registered US patent attorney
April 18, 2013
An important legal question is, what is the meaning of “patent” and, how is it relevant to inventors and businesspersons. The simplest answer is that a patent is a monopoly for a limited time, which is granted by a governmental entity.
In the US, there are several main types of patent: design; utility; provisional. But, what is the meaning of “patent” when there are several types? Again, a short answer will be helpful, explained as follows.
A design patent covers the ornamental features of an invention which are non-functional - imagine an unusual perfume bottle shape as an example. A utility patent covers only features which are functional, rather than ornamental – think of a car engine as an example. A provisional patent is somewhat like a utility patent application but exists for only one year. So, the answer to the question what is the meaning of “patent” is that it depends on the type of invention and the type of protection needed.
Read More >> http://internationalpatentservice.com/What-is-the-Meaning-of-Patent.html
Wednesday, August 1, 2018
What You Need to Know When Buying or Selling a Business with Key Intellectual Property
By: Kaiser Wahab
Merger and acquisition transactions often succeed or fail on the basis of adeptly performed due diligence. The results of the due diligence process will often determine core deal terms, transaction structure, and whether the deal itself even moves forward. Transactions where intellectual property (“IP”) is the key or sole asset to be acquired require their own particular considerations and inquiries that may not be obvious to a general practitioner.
In situations where the proper care has not been taken, valuing and structuring the transaction can be adversely affected, the post transaction operations of the target business can be compromised, and the rights of both purchaser and seller can be significantly undermined. It is therefore very important for counsel to be aware of how each type of intellectual property is acquired, protected, and maintained when structuring a merger or acquisition transaction.
Types of Intellectual Property
There are four major types of intellectual property that a business may own: copyrights, trademarks, patents, and trade secrets.
Copyright
Copyright protects original, creative works that are “fixed in a tangible medium of expression.” This would include, for example, literature, photographs, drawings, music, video, and software. Copyright allows the owner to prevent others from using the work without the owner’s permission, or creating a new work that is “substantially similar.”
Copyright protection begins at the time of creation and lasts the life of the author (or last remaining author) plus seventy years. If the work was created for the business as a “work made for hire,” which means that the “creator” of the work is the company and not the person who actually created it, then protection lasts for 95 years from publication of the work or 120 years from creation, whichever is shorter. Registration with the Copyright Office is not required in order to obtain a copyright, but it is essential to the proper protection of the copyright.
Trademark
Trademark protects names, logos, slogans, and other expressions that are used “in commerce” and identify products or services of a particular source from those of others. This would include brand names, logos, slogans, colors, and sounds.
Trademark protection continues for as long as the trademark is used in connection with the sale of goods or services. Similar to copyrights, trademarks do not need to be registered with the United States Trademark and Patent Office (“USPTO”) in order to be protected, but registration is often recommended as it grants extra rights to the trademark owner. These rights include the right to use the ® symbol next to the trademark and the ability to file an infringement lawsuit in federal court. The USPTO will deny registration to any other trademark it considers to be confusingly similar.
Read More >> https://www.upcounsel.com/blog/need-know-buying-selling-business-key-intellectual-property
Merger and acquisition transactions often succeed or fail on the basis of adeptly performed due diligence. The results of the due diligence process will often determine core deal terms, transaction structure, and whether the deal itself even moves forward. Transactions where intellectual property (“IP”) is the key or sole asset to be acquired require their own particular considerations and inquiries that may not be obvious to a general practitioner.
In situations where the proper care has not been taken, valuing and structuring the transaction can be adversely affected, the post transaction operations of the target business can be compromised, and the rights of both purchaser and seller can be significantly undermined. It is therefore very important for counsel to be aware of how each type of intellectual property is acquired, protected, and maintained when structuring a merger or acquisition transaction.
Types of Intellectual Property
There are four major types of intellectual property that a business may own: copyrights, trademarks, patents, and trade secrets.
Copyright
Copyright protects original, creative works that are “fixed in a tangible medium of expression.” This would include, for example, literature, photographs, drawings, music, video, and software. Copyright allows the owner to prevent others from using the work without the owner’s permission, or creating a new work that is “substantially similar.”
Copyright protection begins at the time of creation and lasts the life of the author (or last remaining author) plus seventy years. If the work was created for the business as a “work made for hire,” which means that the “creator” of the work is the company and not the person who actually created it, then protection lasts for 95 years from publication of the work or 120 years from creation, whichever is shorter. Registration with the Copyright Office is not required in order to obtain a copyright, but it is essential to the proper protection of the copyright.
Trademark
Trademark protects names, logos, slogans, and other expressions that are used “in commerce” and identify products or services of a particular source from those of others. This would include brand names, logos, slogans, colors, and sounds.
Trademark protection continues for as long as the trademark is used in connection with the sale of goods or services. Similar to copyrights, trademarks do not need to be registered with the United States Trademark and Patent Office (“USPTO”) in order to be protected, but registration is often recommended as it grants extra rights to the trademark owner. These rights include the right to use the ® symbol next to the trademark and the ability to file an infringement lawsuit in federal court. The USPTO will deny registration to any other trademark it considers to be confusingly similar.
Read More >> https://www.upcounsel.com/blog/need-know-buying-selling-business-key-intellectual-property
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