By: Michael J Foycik Jr.
August 6, 2014
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
If you're planning an Indiegogo campaign or other enterprise funding site, then these tips may help.
Have IP protection. What's that? It is intellectual property. It is not necessary to have an issued patent, but for success raising capital it is important to have at least patent pending protection. Trademark protection can help too. Don't neglect copyright protection and trade secret protection, if those are appropriate for your enterprise.
Get publicity. Use an inexpensive service that does e-press releases. Such a service can even help you write the press releases, for a small additional fee. And, try giving interviews to journals and magazines that might review your product or service.
Line up your tech resources ahead of time, to list on the site. These services would include affordable software technical services. Your product will need technical support services, so it may be a good idea to list such a company on your site. Other software services are important, as you're well aware already: sales support software, inventory management software, and employee management software, among others.
Read More >> http://internationalpatentservice.com/Some-Indiegogo-Success-Tips.html
Monday, October 8, 2018
Sunday, October 7, 2018
How to Use IP to Add Value to Your Startup
By: Patrick Jones
In the midst of the many things that go into starting a new business, it can be easy to overlook one of the most fundamental, and most valuable, aspects of any business: the protection of its intellectual property, or “IP.” And, even when the protection of IP is considered, protecting a startups can seem too expensive a proposition in light of limited resources.
What is “IP?”
The first questions a startup should ask are: What is “intellectual property,” and does my company have any “intellectual property” that can be protected and is worth protecting? The World Intellectual Property Organization (WIPO) defines “intellectual property” as “creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.” This may include the name of your company name or its brand, its logo, any patentable processes, and designs which enable your company to earn recognition or financial benefit from what it invents or creates.
Post a Job
There are three primary ways in which a startup (or any other entity) can protect its intellectual property: (1) patents, (2) trademarks, and (3) copyrights.
Patents
A patent is a government-granted monopoly that provides an exclusive right to make, use, and sell a particular invention for a period of 20 years from the date the patent application is filed at the United States Patent and Trademark Office (USPTO). In order to obtain a patent, the patent application must demonstrate that the invention constitutes patentable subject matter, and that the invention is new, non-obvious, and useful.
Patent applications can be costly (approximately $10,000 per application), and can take more than a year to prosecute, which is one of the reasons that companies without a confirmed patent often state that they have a “patent pending.” Once a patent is obtained, however, it can be an exponentially valuable weapon in protecting a company’s inventions and marketplace, e.g., Amazon.com’s “one click” shopping, or “sliced bread.”
Trademark
A trademark is a name (“McDonald’s”), logo (the “golden arches”), or slogan (“I’m lovin’ it.”) that serves to associate a specific product or service with a specific company. A trademark owner can protect its trademark in the U.S. by registering the mark with the USPTO and globally by registering with the WIPO.
Get a free proposal from Patrick
In order to register a trademark, the mark must be distinctive and must be used consistently in commerce by the applicant, and cannot already be in use by another entity in association with the same or similar type of goods or services.
The legal expense of applying for a trademark is approx. $750, with additional filing fees for separate categories, such as retail, restaurant, etc., depending on the breadth of the services or products that the startup seeks to associate with the mark.
Copyright
Copyright protection is afforded to “original works of authorship.” Copyrightable works include, for example, literature, music, plays, choreography, pictorial works, graphics, sculptures, motion pictures, games, architectural works and, in some cases, software. Copyright protection includes the right to reproduce, distribute, and publicly perform the copyrighted work. Copyright arises automatically upon the creation of a work of authorship, but in order to sue for copyright infringement, the copyright must be registered with the U.S. Copyright Office.
How IP Adds Value to a Startup
Protectable IP is crucial to a startup on several levels. Startups compete against other startups and existing companies for (i) customers and market share, and (ii) investment from angels, venture capitalists, and other established investors. Protectable IP can help a startup succeed in both areas. In some cases, protectable IP can differentiate a startup’s service or product and aggressively protect against competition for customers and market share.
Read More >> https://www.upcounsel.com/blog/use-ip-add-value-startup
In the midst of the many things that go into starting a new business, it can be easy to overlook one of the most fundamental, and most valuable, aspects of any business: the protection of its intellectual property, or “IP.” And, even when the protection of IP is considered, protecting a startups can seem too expensive a proposition in light of limited resources.
What is “IP?”
The first questions a startup should ask are: What is “intellectual property,” and does my company have any “intellectual property” that can be protected and is worth protecting? The World Intellectual Property Organization (WIPO) defines “intellectual property” as “creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.” This may include the name of your company name or its brand, its logo, any patentable processes, and designs which enable your company to earn recognition or financial benefit from what it invents or creates.
Post a Job
There are three primary ways in which a startup (or any other entity) can protect its intellectual property: (1) patents, (2) trademarks, and (3) copyrights.
Patents
A patent is a government-granted monopoly that provides an exclusive right to make, use, and sell a particular invention for a period of 20 years from the date the patent application is filed at the United States Patent and Trademark Office (USPTO). In order to obtain a patent, the patent application must demonstrate that the invention constitutes patentable subject matter, and that the invention is new, non-obvious, and useful.
Patent applications can be costly (approximately $10,000 per application), and can take more than a year to prosecute, which is one of the reasons that companies without a confirmed patent often state that they have a “patent pending.” Once a patent is obtained, however, it can be an exponentially valuable weapon in protecting a company’s inventions and marketplace, e.g., Amazon.com’s “one click” shopping, or “sliced bread.”
Trademark
A trademark is a name (“McDonald’s”), logo (the “golden arches”), or slogan (“I’m lovin’ it.”) that serves to associate a specific product or service with a specific company. A trademark owner can protect its trademark in the U.S. by registering the mark with the USPTO and globally by registering with the WIPO.
Get a free proposal from Patrick
In order to register a trademark, the mark must be distinctive and must be used consistently in commerce by the applicant, and cannot already be in use by another entity in association with the same or similar type of goods or services.
The legal expense of applying for a trademark is approx. $750, with additional filing fees for separate categories, such as retail, restaurant, etc., depending on the breadth of the services or products that the startup seeks to associate with the mark.
Copyright
Copyright protection is afforded to “original works of authorship.” Copyrightable works include, for example, literature, music, plays, choreography, pictorial works, graphics, sculptures, motion pictures, games, architectural works and, in some cases, software. Copyright protection includes the right to reproduce, distribute, and publicly perform the copyrighted work. Copyright arises automatically upon the creation of a work of authorship, but in order to sue for copyright infringement, the copyright must be registered with the U.S. Copyright Office.
How IP Adds Value to a Startup
Protectable IP is crucial to a startup on several levels. Startups compete against other startups and existing companies for (i) customers and market share, and (ii) investment from angels, venture capitalists, and other established investors. Protectable IP can help a startup succeed in both areas. In some cases, protectable IP can differentiate a startup’s service or product and aggressively protect against competition for customers and market share.
Read More >> https://www.upcounsel.com/blog/use-ip-add-value-startup
Saturday, October 6, 2018
Unpatentable - No Problem! Tips To Protect Your Idea Anyway
By: Michael J Foycik Jr.
February 20, 2014
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
So your new idea might not be patentable. Don't let that stop you! Here's some tips on what to do when your invention is not patentable.
Tip one: mark everything “confidential” and protect it under trade secret law.
Tip two: anything can be a trade secret. It just depends on the person seeing it. If it's new to them, and it's marked confidential, then it's a trade secret.
Tip three: a trade secret is probably better than a patent when it comes to those you have direct contact with. This is helpful if the idea is misappropriated by a retailer, distributor, developer, investor, and anyone else who sees the idea through you.
Tip four: file a provisional patent application (“PPA”). It documents your trade secret, the date of filing, and the ownership. As a government record, it is evidence. Few things could be as good.
Tip five: mark your materials with a copyright symbol. It triggers at least some degree of copyright protection in many cases. This is done by use of the copyright symbol followed by the date and owner. Here's a made-up example: © 2014 ZYX Corp.
Tip six: use the trademark symbol on key terms/phrases to gain trademark rights. Trademark rights depend on actual use, for example here's a made-up example: ZYX Dessert TM . Here's another example: ZYX Dessert is a trademark of ABC Corp.
Read More >> http://internationalpatentservice.com/Unpatentable-No-Problem-Tips-To-Protect-Your-Idea-Anyway.html
February 20, 2014
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
So your new idea might not be patentable. Don't let that stop you! Here's some tips on what to do when your invention is not patentable.
Tip one: mark everything “confidential” and protect it under trade secret law.
Tip two: anything can be a trade secret. It just depends on the person seeing it. If it's new to them, and it's marked confidential, then it's a trade secret.
Tip three: a trade secret is probably better than a patent when it comes to those you have direct contact with. This is helpful if the idea is misappropriated by a retailer, distributor, developer, investor, and anyone else who sees the idea through you.
Tip four: file a provisional patent application (“PPA”). It documents your trade secret, the date of filing, and the ownership. As a government record, it is evidence. Few things could be as good.
Tip five: mark your materials with a copyright symbol. It triggers at least some degree of copyright protection in many cases. This is done by use of the copyright symbol followed by the date and owner. Here's a made-up example: © 2014 ZYX Corp.
Tip six: use the trademark symbol on key terms/phrases to gain trademark rights. Trademark rights depend on actual use, for example here's a made-up example: ZYX Dessert TM . Here's another example: ZYX Dessert is a trademark of ABC Corp.
Read More >> http://internationalpatentservice.com/Unpatentable-No-Problem-Tips-To-Protect-Your-Idea-Anyway.html
Thursday, October 4, 2018
Why startups need a defensive IP strategy
By: Joe Medved
One of the things I really love about working with startup founders is that they are by nature an optimistic crowd: They set out to build amazing things, change the world and fundamentally shift the way people view things.
What they often don’t realize, though, is that in the midst of brutal competition, the path to scale and success is often lined with unexpected co-travelers and events. There are plenty of misfortunes that can befall startups: 29 percent run out of cash, 23 percent don’t have the right team on board and 8 percent are beleaguered by legal challenges. Though it’s impossible to plan for everything, there are definite safety belts you can put in place, especially from a legal standpoint.
Most founders I meet aren’t focused initially on intellectual property (IP) defense. They are, as they should be, thinking about how to build the best product that they’re able, and how to get the most customers to use it. What they often don’t see coming is that their success can sometimes make them a target for frivolous litigation.
Lawsuits are distractions and cash drains, especially when you’re a lean startup in the midst of managing high growth. Nobody wants to be a cautionary tale; here are some ideas on how to protect your startup.
Get educated
Knowing about the risks is half the battle. More and more, some companies are using litigation as a way to edge out competitors; in fact, there is an industry around litigation finance that helps companies on the receiving end stand up to those with deeper litigation pockets. Often, the litigation is around IP.
Patent trolls are another threat. More than 50 percent of businesses that are targeted by trolls make less than $10 million in revenue, and more than 80 percent of patent troll lawsuits have been multi-defendant suits using weak patents brought against companies with less than $100 million in revenue.
For trolls, startups are easy targets, because startups often have limited resources, lack internal patent expertise and, with the average cost of defending a patent lawsuit hovering at $3.2 million, have a huge incentive to settle.
Read More >> https://techcrunch.com/2016/08/17/why-startups-need-a-defensive-ip-strategy/
One of the things I really love about working with startup founders is that they are by nature an optimistic crowd: They set out to build amazing things, change the world and fundamentally shift the way people view things.
What they often don’t realize, though, is that in the midst of brutal competition, the path to scale and success is often lined with unexpected co-travelers and events. There are plenty of misfortunes that can befall startups: 29 percent run out of cash, 23 percent don’t have the right team on board and 8 percent are beleaguered by legal challenges. Though it’s impossible to plan for everything, there are definite safety belts you can put in place, especially from a legal standpoint.
Most founders I meet aren’t focused initially on intellectual property (IP) defense. They are, as they should be, thinking about how to build the best product that they’re able, and how to get the most customers to use it. What they often don’t see coming is that their success can sometimes make them a target for frivolous litigation.
Lawsuits are distractions and cash drains, especially when you’re a lean startup in the midst of managing high growth. Nobody wants to be a cautionary tale; here are some ideas on how to protect your startup.
Get educated
Knowing about the risks is half the battle. More and more, some companies are using litigation as a way to edge out competitors; in fact, there is an industry around litigation finance that helps companies on the receiving end stand up to those with deeper litigation pockets. Often, the litigation is around IP.
Patent trolls are another threat. More than 50 percent of businesses that are targeted by trolls make less than $10 million in revenue, and more than 80 percent of patent troll lawsuits have been multi-defendant suits using weak patents brought against companies with less than $100 million in revenue.
For trolls, startups are easy targets, because startups often have limited resources, lack internal patent expertise and, with the average cost of defending a patent lawsuit hovering at $3.2 million, have a huge incentive to settle.
Read More >> https://techcrunch.com/2016/08/17/why-startups-need-a-defensive-ip-strategy/
Wednesday, October 3, 2018
Quick And Easy Steps To Get Your Patent Application On File
By: Michael J Foycik Jr.
February 20, 2014
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Need a patent application on file in a hurry? This happens, for example, if you have a trade show coming up, or want to show your idea/invention to anyone.
First, write some things down: what it is called; what it does; how it works; and what it is made of. This part can be short or long, as you prefer. It is a great start either way!
Second, make simple sketches of what your idea/invention looks like. Show the parts, too. It's good to have several views, such as top, front, and side views.
Third, get an official patent office cover sheet for a provisional patent application online at www.uspto.gov, at the forms page. It's easy to find.
Fourth, check out the micro entity form and instructions. If you qualify (most do), you are entitled to much lower government fees, and fill out the micro entity form.
Fifth, put the information from the above first and second steps into the form of a standard specification with headings. This is easy to find at the www.uspto.gov site.
Sixth, file online or by Express Mail. The above-noted official patent office site has easy instructions for this.
Read More >> http://internationalpatentservice.com/Quick-And-Easy-Steps-To-Get-Your-Patent-Application-On-File.html
February 20, 2014
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Need a patent application on file in a hurry? This happens, for example, if you have a trade show coming up, or want to show your idea/invention to anyone.
First, write some things down: what it is called; what it does; how it works; and what it is made of. This part can be short or long, as you prefer. It is a great start either way!
Second, make simple sketches of what your idea/invention looks like. Show the parts, too. It's good to have several views, such as top, front, and side views.
Third, get an official patent office cover sheet for a provisional patent application online at www.uspto.gov, at the forms page. It's easy to find.
Fourth, check out the micro entity form and instructions. If you qualify (most do), you are entitled to much lower government fees, and fill out the micro entity form.
Fifth, put the information from the above first and second steps into the form of a standard specification with headings. This is easy to find at the www.uspto.gov site.
Sixth, file online or by Express Mail. The above-noted official patent office site has easy instructions for this.
Read More >> http://internationalpatentservice.com/Quick-And-Easy-Steps-To-Get-Your-Patent-Application-On-File.html
Tuesday, October 2, 2018
5 Tips to Choose the Best Name For Your startup
By: DESIGNHILL
If you always thought what’s in a name? It’s time you thought again! In the ever-changing and ever-so-competitive market, a brand name can spell the difference between and success and failure for a startup. A right brand name can turn your humble startup into Biz world’s
, whereas a wrong one can push it to anonymity and misfortune.
Entrepreneur.com reveals in one of its blogs that your startup brand name must effectively convey your expertise, value and uniqueness. But a fair share of aspiring entrepreneurs believe that your startup brand name must be abstract in order to effectively create an image in the market. The discussions and debate about naming a startup are pretty daunting. So, is there a certain way to pick up the best name for your startup? The answer is yes! There are certain tips that you should live by when naming your startup. So, without further ado, let’s explore 5 tips to choose the best name for your startup.
[Tweet “5 Tips to Choose the Best Name For Your startup”]
>> Namestorm – If you’re at the helm of a startup and are looking for that perfect name for your new business, do well to namestorm a little! Yes, you read that right. Brainstorm for a new, creative and unique name. Check out different books, magazine and even dictionaries to find creative names. Take help from your friends, peers and subordinates. If you find it difficult, consult an expert. Remember, it’s important to be careful when picking up a business name for it will reflected everywhere, from your custom logo design to your website and from your company banners to billboards.
>> Be Unique– When naming your startup, do well to let your creative juices flowing. Simply join two common words to create a new word. Or better yet, go one step further; create a new word by joining two others and combining their meanings. Such words are called portmanteau. Pinterest is a classic example of portmanteau. Remember, finding a witty name for your startup company is no mean feat, but it’s certainly worth all efforts.
>> Be Creative – Yet another brilliant way to name your startup is to use your domain name in a unique way to create something unusual and easy to recall. Visua.ly, Last.fm and Secret.ly just some of the many examples of such creative domains. You may use such witty domain names as URL shorteners too.
>> Reflect your brand – A better startup name is the one that speaks about what your business and company does. Such names help in branding. To create some buzz, choose a name after a popular character in a novel, film or elsewhere so that common people can relate to it. As per experts at FitSmallBusiness, it’s essential that one put’s some personality in their startup company’s name. People easily recall brand names with a story.
>> Time To Test – After you’ve narrowed down a few names for your startup, test these names. Ask for suggestions and feedback from friends, family and even acquaintances. Don’t forget to check the trademark elements of the names that you’ve finalized. If you are finding it difficult, hire a trademark attorney to ensure you’re your new business name isn’t infringing upon someone else’s trademark.
Now, when you’ve already found a unique, creative and memorable name for your startup business, start promoting your new business name immediately. Remember, your startup brand’s name is the first step towards building a strong brand identity in the ever-so-competitive market.
Have these tips help you come up with a name? Do you have something else to add to this list? We’d love to hear from you, please leave us your comments below.
Source >> https://www.designhill.com/design-blog/5-tips-to-choose-the-best-name-for-your-startup/
If you always thought what’s in a name? It’s time you thought again! In the ever-changing and ever-so-competitive market, a brand name can spell the difference between and success and failure for a startup. A right brand name can turn your humble startup into Biz world’s
, whereas a wrong one can push it to anonymity and misfortune.
Entrepreneur.com reveals in one of its blogs that your startup brand name must effectively convey your expertise, value and uniqueness. But a fair share of aspiring entrepreneurs believe that your startup brand name must be abstract in order to effectively create an image in the market. The discussions and debate about naming a startup are pretty daunting. So, is there a certain way to pick up the best name for your startup? The answer is yes! There are certain tips that you should live by when naming your startup. So, without further ado, let’s explore 5 tips to choose the best name for your startup.
[Tweet “5 Tips to Choose the Best Name For Your startup”]
>> Namestorm – If you’re at the helm of a startup and are looking for that perfect name for your new business, do well to namestorm a little! Yes, you read that right. Brainstorm for a new, creative and unique name. Check out different books, magazine and even dictionaries to find creative names. Take help from your friends, peers and subordinates. If you find it difficult, consult an expert. Remember, it’s important to be careful when picking up a business name for it will reflected everywhere, from your custom logo design to your website and from your company banners to billboards.
>> Be Unique– When naming your startup, do well to let your creative juices flowing. Simply join two common words to create a new word. Or better yet, go one step further; create a new word by joining two others and combining their meanings. Such words are called portmanteau. Pinterest is a classic example of portmanteau. Remember, finding a witty name for your startup company is no mean feat, but it’s certainly worth all efforts.
>> Be Creative – Yet another brilliant way to name your startup is to use your domain name in a unique way to create something unusual and easy to recall. Visua.ly, Last.fm and Secret.ly just some of the many examples of such creative domains. You may use such witty domain names as URL shorteners too.
>> Reflect your brand – A better startup name is the one that speaks about what your business and company does. Such names help in branding. To create some buzz, choose a name after a popular character in a novel, film or elsewhere so that common people can relate to it. As per experts at FitSmallBusiness, it’s essential that one put’s some personality in their startup company’s name. People easily recall brand names with a story.
>> Time To Test – After you’ve narrowed down a few names for your startup, test these names. Ask for suggestions and feedback from friends, family and even acquaintances. Don’t forget to check the trademark elements of the names that you’ve finalized. If you are finding it difficult, hire a trademark attorney to ensure you’re your new business name isn’t infringing upon someone else’s trademark.
Now, when you’ve already found a unique, creative and memorable name for your startup business, start promoting your new business name immediately. Remember, your startup brand’s name is the first step towards building a strong brand identity in the ever-so-competitive market.
Have these tips help you come up with a name? Do you have something else to add to this list? We’d love to hear from you, please leave us your comments below.
Source >> https://www.designhill.com/design-blog/5-tips-to-choose-the-best-name-for-your-startup/
Monday, October 1, 2018
Google Secrets No More - What Recent Google Patents Tell Us About SEO, Ads, and More
By: Michael J Foycik Jr.
January 9, 2014
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
There are interesting features in several recently issued Google patents. There are interesting insights, possibly secrets revealed, and opportunities too. Let's have a quick look.
A favorite of this author is Patent Number 8,589,391, which relates to a method for generating web site ratings for a user. This seems to be very useful. You can look this patent up online by searching “google patents advanced search” which brings up an option to search by patent number. I do recommend this, since there is an option to download the patent as a pdf file; this applies to the following patents as well.
And, something functional: Patent Number 8,589,387, for an Information Extractor from a Database, also assigned to Google. Here's an opportunity – if this is so important, other firms may well be able to develop improved/different methods for doing this which may well be of interest to search engine companies like Google.
More insights into the Google field of interest: Patent Number 8,589,399, for identifying terms of interest to an entity. This has obvious interest to marketers, but may have broader implications. And, there could be secrets revealed therein. Worth a look!
More opportunities for programmers and marketers may be in Patent Number 8,549,032, also to Google, for determining proximity to topics of advertisements. If this is still of importance now, other methods could well be of importance too. There seems to be room for growth in this field.
Read More >> http://internationalpatentservice.com/Google-Secrets-No-More.html
January 9, 2014
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
There are interesting features in several recently issued Google patents. There are interesting insights, possibly secrets revealed, and opportunities too. Let's have a quick look.
A favorite of this author is Patent Number 8,589,391, which relates to a method for generating web site ratings for a user. This seems to be very useful. You can look this patent up online by searching “google patents advanced search” which brings up an option to search by patent number. I do recommend this, since there is an option to download the patent as a pdf file; this applies to the following patents as well.
And, something functional: Patent Number 8,589,387, for an Information Extractor from a Database, also assigned to Google. Here's an opportunity – if this is so important, other firms may well be able to develop improved/different methods for doing this which may well be of interest to search engine companies like Google.
More insights into the Google field of interest: Patent Number 8,589,399, for identifying terms of interest to an entity. This has obvious interest to marketers, but may have broader implications. And, there could be secrets revealed therein. Worth a look!
More opportunities for programmers and marketers may be in Patent Number 8,549,032, also to Google, for determining proximity to topics of advertisements. If this is still of importance now, other methods could well be of importance too. There seems to be room for growth in this field.
Read More >> http://internationalpatentservice.com/Google-Secrets-No-More.html
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