By: Pei Wu
A well-devised intellectual property (IP) portfolio can go a long way to ensure a startup biotech company’s business success in the marketplace. Patents allow a patent holder to exclude others from making, using, offering to sell, selling or importing a similar product based on what is claimed in the patent while the patent is in force (35 U.S.C. 154). Biotech startups generally invest in utility patents to protect core inventions and serve as barriers to entry against competitors. When faced with budget constraints, biotech startups can tap into less expensive IP protection options to boost market position, drive up value, attract venture capital funds and generate revenue, including cross-licensing and/or settlement agreements.
Design Patents
A valuable, yet often overlooked IP protection option is a design patent. Unlike a utility patent, which protects the way a product is used or works (35 U.S.C. 101), a design patent protects the way a product looks (35 U.S.C. 171). In other words, a design patent protects the ornamental appearance or visual characteristics beyond a product’s structure and function. Typically used in consumer products, where the aesthetic features of the products can augment the brand and breed customer loyalty, a design patent can be effectively used by biotech startups to protect a logo or catchphrase, a configuration, shape or surface ornamentation of a product, a product label, packaging or color scheme to improve their IP portfolio overall, in a cost-effective manner. For example, a biotech startup’s unique automated nucleic acid sequencing process, novel platform antibody design, special biologically produced fuels and chemicals, noninvasive detection method scheme, genetically modified crop graphics, electronic or robotic medical device designs, and novel diagnostics and therapeutics and the associated graphic user interphase can all be protected under the umbrella of design patents.
A design patent is usually restricted to one claim, and thus comes with reduced legal fees. Compared to a utility patent, a design patent can have less than a third of a utility patent’s cost, yet produces more than three times the allowance rate in less than a third of the processing time. Notably, there are no maintenance fees for design patents. Once granted, a design patent offers a lifespan of 14 years. Importantly, a design patent is not subject to publication. Therefore, a company can “fly under the radar” while perfecting its product development until grant of the design patent. A design patent provides protection of the design of a product at an early stage when the product enters the marketplace. During the lifespan of the design patent, customer reliance and brand building develop, along with the secondary meaning. This secondary meaning may grease the wheels to trade dress protection later on, potentially prolonging the product’s IP protection.
Unique to design patents are the requirements for the filing of drawings or photographs that define the scope of design patent protection. The drawings or photographs need to demonstrate what is “new” of the invention against the prior art. Care needs to be taken to procure a broad scope of protection for design patents so that not only is a particular embodiment of the design protected, but also the design concept in general. Used strategically, design patents can successfully leverage an overall IP strategy to align with biotech startups’ business goals.
Trademarks
A trademark protects a symbol, name, word, logo, or design (15 U.S.C. § 1127). A registered trademark provides legal ownership of a mark that sets a startup apart from its competitors.
Trademarks are important for brand building and extremely valuable for distinguishing one’s product from the competition. With registered trademark protection, although more than one company can sell the same product, only one company can legally market that product under the trademarked name. An interesting example is the present day top-selling biologic drug, HUMIRA. Developed in the late ’90s by BASF Pharma and Cambridge Antibody Technology, this monoclonal antibody was simply called D2E7. Abbott subsequently acquired the drug and gave it the name Humira, an acronym for human monoclonal antibody in rheumatoid arthritis. Humira has since been approved in nearly 100 countries worldwide for treating multiple autoimmune diseases, generating billions in annual revenue. Although Humira’s U.S. patents expired in 2016, and its EU patents will follow suit in 2018, following the Abbott split, AbbVie is currently deriving branding revenues and able to market the drug under Humira despite the product’s looming expiration date.
Unlike utility and design patents, which have limited terms, a trademark can offer unlimited protection. The term of a trademark is 10 years and is renewable in 10-year increments so long as you keep using it. Both design patents and trademarks can be used to protect a design simultaneously. If design patent protection is used early on by biotech startups, the company can develop a product’s trademark rights without worrying about interference from competitors during the 14 years before the design patent expires. Additional protection can be extended via trademarks. In addition, trademarks can be important later on in infringement lawsuits. The standard is a “likelihood of confusion” for trademarks, which is lower than the design patent standard of a showing that an ordinary observer would find that the two designs in dispute are “substantially the same.”
Interestingly, trademarks tend to be industry specific. For example, the same or similar wording used within a logo for an automobile manufacturing company, which would protect from infringement another business in the automobile industry, may not prevent another company in a completely different industry from infringing on your trademark.
While there is no strict deadline to file a trademark, it is imperative to secure an early filing date to the extent possible because the filing date helps the U.S. Patent and Trademark Office determine who filed first when another entity tries to trademark something identical or similar to your mark. Waiting too long to file may render your business unable to use the mark. In that case, your customers may become confused about what products your company makes, ultimately losing their loyalty and suffering financial loss.
The average filing fee for a trademark is between $225 and $600. It usually takes between 6 and 16 months to process the application. You can use your mark on products during this time. However, if your mark isn’t unique enough to qualify for trademark protection, you may need to take it off your products. During the time that the application is pending, you can legally use the TM symbol with your mark. After your trademark application is approved by the USPTO, you can use the registered symbol.
Read More >> http://www.ipwatchdog.com/2018/10/21/cost-effective-ip-strategies-biotech-startups/id=102340/
Monday, October 22, 2018
Sunday, October 21, 2018
How to Patent a Program
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 program
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent. A computer program can be copyrighted, but it can also often be patented. The types of protection are very different. Specifically, the inventive steps of the program can be patented, and because of this the patent can provide protection far beyond just the specific program language used.
First, a drawing is made showing the most important steps of the program as a flowchart diagram. It is usually not necessary to give every detail of the operation of the program; instead, the main features should be illustrated. The program should be protected by a utility patent application, since that will cover any type of program language. This is also sometimes called a “regular” patent application. The program steps can be explained in words and by the flowchart drawings. The drawings do not need to be like blueprints. And, it is not necessary to have a working program, as long as the steps could be followed by a skilled programmer.
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 computer program is used. The program determines sequential prime numbers and activates a light for a time corresponding to the prime number. Here, the blinking light is connected to a pencil eraser. 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. Let's say the steps are: determine prime numbers in sequence from 1; wait until that number of seconds has elapsed; then blink the light ON for a number of seconds equal to the value of the prime number that has been reached. These steps would be shown in a simple flowchart. 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. What else should be shown? 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.
Next, a claim is added to describe the invention broadly, such as the following: Claim 1: A method for activating a light such that the light indicates the value of a determined number, comprising the steps of: the step of determining a sequential prime number from a starting value; the step of waiting a number of seconds corresponding to the determined prime number; the step of blinking the light ON for a number of seconds equal to the value of the determined prime number in the preceding step; replacing the starting value with the determined prime number; and returning to the first step above.
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. Ideally, a copy of the computer program itself is attached to the patent application when it is filed with the US Patent Office.
Read More >> http://internationalpatentservice.com/How-to-Patent-a-Program.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 program
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent. A computer program can be copyrighted, but it can also often be patented. The types of protection are very different. Specifically, the inventive steps of the program can be patented, and because of this the patent can provide protection far beyond just the specific program language used.
First, a drawing is made showing the most important steps of the program as a flowchart diagram. It is usually not necessary to give every detail of the operation of the program; instead, the main features should be illustrated. The program should be protected by a utility patent application, since that will cover any type of program language. This is also sometimes called a “regular” patent application. The program steps can be explained in words and by the flowchart drawings. The drawings do not need to be like blueprints. And, it is not necessary to have a working program, as long as the steps could be followed by a skilled programmer.
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 computer program is used. The program determines sequential prime numbers and activates a light for a time corresponding to the prime number. Here, the blinking light is connected to a pencil eraser. 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. Let's say the steps are: determine prime numbers in sequence from 1; wait until that number of seconds has elapsed; then blink the light ON for a number of seconds equal to the value of the prime number that has been reached. These steps would be shown in a simple flowchart. 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. What else should be shown? 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.
Next, a claim is added to describe the invention broadly, such as the following: Claim 1: A method for activating a light such that the light indicates the value of a determined number, comprising the steps of: the step of determining a sequential prime number from a starting value; the step of waiting a number of seconds corresponding to the determined prime number; the step of blinking the light ON for a number of seconds equal to the value of the determined prime number in the preceding step; replacing the starting value with the determined prime number; and returning to the first step above.
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. Ideally, a copy of the computer program itself is attached to the patent application when it is filed with the US Patent Office.
Read More >> http://internationalpatentservice.com/How-to-Patent-a-Program.html
Sunday, October 14, 2018
Make Money On Your Intellectual Property
By: Amy Fontinelle
Have you ever wondered why store-brand cola doesn’t taste the same as Coca-Cola (CCE)? Why competitors’ laptops often don’t look as sleek as Apple’s (AAPL)? Why the prescription drug you have to take every day costs so much?
It’s because of intellectual property (IP) and the laws that protect intellectual property rights. In this article, you’ll learn about the four different categories of intellectual property, and how they protect inventors and creators. We’ll also touch on some controversies surrounding IP.
What Is Intellectual Property?
Intellectual property, broadly speaking, is not just an idea, but an idea that has been turned into something tangible like a book, a product design, a company logo or a prescription drug. It takes someone a lot of effort and experience to come up with a novel, valuable idea, and intellectual property laws protect those ideas. These protections prevent people other than the creator from taking credit for – or profiting from – an invention without the creator’s permission.
Patents, trademarks, trade secrets and copyrights are the ways an inventor can legally protect his or her intellectual property rights. The owner of intellectual property rights can sue anyone who violates those rights. Not all inventions can be protected under intellectual property laws, however, and intellectual property rights expire after a certain period of time.
Types of Intellectual Property
There are four main categories of intellectual property: patents, trademarks, trade secrets and copyrights.
Patents are government licenses that give the holder exclusive rights to a process, design or new invention. Those exclusive rights last 14 to 20 years in the United States, depending on the type of patent. The United States Patent and Trademark Office handles patent applications and documentation in the United States. The designs for Apple’s various iPods are patented, for example. (For more information, see Patents Are Assets, So Learn How To Value Them.)
Trademarks are symbols, words, phrases, logos or combinations thereof that legally distinguish one company's product from any others. Examples of popular trademarks include the names Google (GOOG), Walmart (WMT) and Microsoft (MSFT), and images such as the Nike (NKE) swoosh. Trademarks can be protected as long as they are in use.
Trade secrets are a company’s internal processes or practices that give it a competitive advantage and aren’t publicly known. To secure legal protection for their trade secrets, companies must make reasonable efforts to protect them, and the information must have economic value. The recipe for Mrs. Fields’ chocolate chip cookies is an example of a trade secret. With trade secrets, protection lasts for as long as the company manages to keep the information under wraps.
Copyrights protect original works of authorship such as literature, films, music, drawings, software and more for 50 to 100 years after the creator’s death for individual creators, or a shorter period for corporate creators. Copyrights are generated automatically when someone creates something, but the creator can register a work with the copyright office for increased protection. For example, your dad owns the copyright to the home video he recorded of you opening Christmas presents in 1988 simply because he made the video. If he were concerned about your aunt trying to take credit for it, and make big bucks from selling it, he could register the video’s copyright. (See Things You Didn't Know You Could Copyright.)
More than one type of intellectual property right may apply to the same product. A cookie recipe may be protected by a trade secret, while the cookie company’s logo may be protected by trademark and its resealable packaging may be protected by patent.
How to Protect Intellectual Property
If you want to protect your intellectual property, here’s how to do it. To secure a patent or register a trademark in the United States, the inventor should file a patent application with the United States Patent and Trademark Office. The basic conditions for patentability are that the invention must be novel and nonobvious. To register a copyright, the owner should go through the Copyright Office of the Library of Congress. It’s up to you to protect any trade secrets.
Certain types of inventions can never be patented, including mathematical formulas, scientific principles and natural substances. You can’t copyright a work that hasn’t been written or recorded or that is commonly known information with no known original authorship (such as a standard calendar or tape measure). And you can’t trademark a generic term, as Google learned when it tried to trademark the word “glass” to protect its high-tech glasses. Google can, however, trademark the term “Google Glass” and the product’s unique logo.
Why Intellectual Property Is Important to Companies
Intellectual property protects the market value of data that can give a business a competitive advantage. “Today’s economy is driven by innovation and information,” says intellectual property lawyer Joey Morris, a partner with the Smith Anderson law firm in North Carolina. “Intellectual property protects and encourages innovation by ensuring that a business has the opportunity to enjoy the competitive edge resulting from its investment in research and development.”
"A key initial step for a business in protecting its intellectual property rights is to make sure that it owns its employees’ inventions and other valuable intellectual property," Morris says. “One way to do that is to make sure that all employees who may develop intellectual property of any kind enter into a written agreement assigning to the business all intellectual property that they create that relates to their employment.”
In addition, companies that hire independent contractors need to make sure the independent contractor performs the work under a work-for-hire agreement if the company wants to own the copyright to the independent contractor’s creations. For example, a website that hires freelance writers would need to own the intellectual property rights to the articles it purchased if it wanted to prevent its freelancers from reselling the articles it had paid them for to competing websites.
“The last thing a business should have to face is competing against the unauthorized use of its own valuable intellectual property by others,” Morris says. “Deploying the full array of legal protections available can help a business capture the full economic benefits of its intellectual property assets by preventing others from using them unfairly and without permission.”
Read More >> https://www.investopedia.com/articles/investing/102714/understanding-intellectual-property.asp
Have you ever wondered why store-brand cola doesn’t taste the same as Coca-Cola (CCE)? Why competitors’ laptops often don’t look as sleek as Apple’s (AAPL)? Why the prescription drug you have to take every day costs so much?
It’s because of intellectual property (IP) and the laws that protect intellectual property rights. In this article, you’ll learn about the four different categories of intellectual property, and how they protect inventors and creators. We’ll also touch on some controversies surrounding IP.
What Is Intellectual Property?
Intellectual property, broadly speaking, is not just an idea, but an idea that has been turned into something tangible like a book, a product design, a company logo or a prescription drug. It takes someone a lot of effort and experience to come up with a novel, valuable idea, and intellectual property laws protect those ideas. These protections prevent people other than the creator from taking credit for – or profiting from – an invention without the creator’s permission.
Patents, trademarks, trade secrets and copyrights are the ways an inventor can legally protect his or her intellectual property rights. The owner of intellectual property rights can sue anyone who violates those rights. Not all inventions can be protected under intellectual property laws, however, and intellectual property rights expire after a certain period of time.
Types of Intellectual Property
There are four main categories of intellectual property: patents, trademarks, trade secrets and copyrights.
Patents are government licenses that give the holder exclusive rights to a process, design or new invention. Those exclusive rights last 14 to 20 years in the United States, depending on the type of patent. The United States Patent and Trademark Office handles patent applications and documentation in the United States. The designs for Apple’s various iPods are patented, for example. (For more information, see Patents Are Assets, So Learn How To Value Them.)
Trademarks are symbols, words, phrases, logos or combinations thereof that legally distinguish one company's product from any others. Examples of popular trademarks include the names Google (GOOG), Walmart (WMT) and Microsoft (MSFT), and images such as the Nike (NKE) swoosh. Trademarks can be protected as long as they are in use.
Trade secrets are a company’s internal processes or practices that give it a competitive advantage and aren’t publicly known. To secure legal protection for their trade secrets, companies must make reasonable efforts to protect them, and the information must have economic value. The recipe for Mrs. Fields’ chocolate chip cookies is an example of a trade secret. With trade secrets, protection lasts for as long as the company manages to keep the information under wraps.
Copyrights protect original works of authorship such as literature, films, music, drawings, software and more for 50 to 100 years after the creator’s death for individual creators, or a shorter period for corporate creators. Copyrights are generated automatically when someone creates something, but the creator can register a work with the copyright office for increased protection. For example, your dad owns the copyright to the home video he recorded of you opening Christmas presents in 1988 simply because he made the video. If he were concerned about your aunt trying to take credit for it, and make big bucks from selling it, he could register the video’s copyright. (See Things You Didn't Know You Could Copyright.)
More than one type of intellectual property right may apply to the same product. A cookie recipe may be protected by a trade secret, while the cookie company’s logo may be protected by trademark and its resealable packaging may be protected by patent.
How to Protect Intellectual Property
If you want to protect your intellectual property, here’s how to do it. To secure a patent or register a trademark in the United States, the inventor should file a patent application with the United States Patent and Trademark Office. The basic conditions for patentability are that the invention must be novel and nonobvious. To register a copyright, the owner should go through the Copyright Office of the Library of Congress. It’s up to you to protect any trade secrets.
Certain types of inventions can never be patented, including mathematical formulas, scientific principles and natural substances. You can’t copyright a work that hasn’t been written or recorded or that is commonly known information with no known original authorship (such as a standard calendar or tape measure). And you can’t trademark a generic term, as Google learned when it tried to trademark the word “glass” to protect its high-tech glasses. Google can, however, trademark the term “Google Glass” and the product’s unique logo.
Why Intellectual Property Is Important to Companies
Intellectual property protects the market value of data that can give a business a competitive advantage. “Today’s economy is driven by innovation and information,” says intellectual property lawyer Joey Morris, a partner with the Smith Anderson law firm in North Carolina. “Intellectual property protects and encourages innovation by ensuring that a business has the opportunity to enjoy the competitive edge resulting from its investment in research and development.”
"A key initial step for a business in protecting its intellectual property rights is to make sure that it owns its employees’ inventions and other valuable intellectual property," Morris says. “One way to do that is to make sure that all employees who may develop intellectual property of any kind enter into a written agreement assigning to the business all intellectual property that they create that relates to their employment.”
In addition, companies that hire independent contractors need to make sure the independent contractor performs the work under a work-for-hire agreement if the company wants to own the copyright to the independent contractor’s creations. For example, a website that hires freelance writers would need to own the intellectual property rights to the articles it purchased if it wanted to prevent its freelancers from reselling the articles it had paid them for to competing websites.
“The last thing a business should have to face is competing against the unauthorized use of its own valuable intellectual property by others,” Morris says. “Deploying the full array of legal protections available can help a business capture the full economic benefits of its intellectual property assets by preventing others from using them unfairly and without permission.”
Read More >> https://www.investopedia.com/articles/investing/102714/understanding-intellectual-property.asp
Saturday, October 13, 2018
How to 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.
An idea or any useful device or method
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.
Introduction and types of patent
Many types of ideas can be patented. Anything that has a function or use can be patented. Also, patent protection can cover many (but not all) types of business methods, most types of computer programs, new methods and processes, new chemicals and compounds, and new materials or new uses for old materials. Where the invention is for a design feature or an ornamental cover or casing, for example, then a design patent is the best way of protecting the invention. How to get a design patent, and how to patent a design, is explained in a separate section below.
How to Patent an Idea
An idea can best be protected by a utility patent application. This is also sometimes called a “regular” patent application. The idea can be explained in words and, if possible, by drawings. The drawings do not need to be like blueprints; instead, they are simplified and do not usually have to show conventional features. And, it is not necessary to have a working model.
Before getting into the details, we would like to mention that there is also something called a “provisional patent application” discussed hereunder. It gives patent pending status for one year, permitting a utility patent application to be filed at any time during that year. That is another way to get a patent. The provisional application is much less expensive than a utility patent application, and can be recommended when there is an urgent need to get a patent application on file with the US Patent Office. For example, just prior to a trade show or publication of the invention, there is an urgent need to have the idea on file with the US Patent Office. For further information, see the section below called “How to patent using a provisional patent application.”
Here's a simple example showing how to patent 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; we could find that out using a patent search if we wished. For now, the idea would be expressed in words in the patent application, written just as above. 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. What else should be shown? 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. Then, text is added to the patent application by describing the parts shown in the drawings, explaining possible uses and advantages, and mentioning possible alternatives that are included in the invention such as various types of light sources such as LEDs, incandescent bulbs, phosphorescent lighting, and so on.
Read More >> http://internationalpatentservice.com/How-to-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.
An idea or any useful device or method
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.
Introduction and types of patent
Many types of ideas can be patented. Anything that has a function or use can be patented. Also, patent protection can cover many (but not all) types of business methods, most types of computer programs, new methods and processes, new chemicals and compounds, and new materials or new uses for old materials. Where the invention is for a design feature or an ornamental cover or casing, for example, then a design patent is the best way of protecting the invention. How to get a design patent, and how to patent a design, is explained in a separate section below.
How to Patent an Idea
An idea can best be protected by a utility patent application. This is also sometimes called a “regular” patent application. The idea can be explained in words and, if possible, by drawings. The drawings do not need to be like blueprints; instead, they are simplified and do not usually have to show conventional features. And, it is not necessary to have a working model.
Before getting into the details, we would like to mention that there is also something called a “provisional patent application” discussed hereunder. It gives patent pending status for one year, permitting a utility patent application to be filed at any time during that year. That is another way to get a patent. The provisional application is much less expensive than a utility patent application, and can be recommended when there is an urgent need to get a patent application on file with the US Patent Office. For example, just prior to a trade show or publication of the invention, there is an urgent need to have the idea on file with the US Patent Office. For further information, see the section below called “How to patent using a provisional patent application.”
Here's a simple example showing how to patent 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; we could find that out using a patent search if we wished. For now, the idea would be expressed in words in the patent application, written just as above. 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. What else should be shown? 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. Then, text is added to the patent application by describing the parts shown in the drawings, explaining possible uses and advantages, and mentioning possible alternatives that are included in the invention such as various types of light sources such as LEDs, incandescent bulbs, phosphorescent lighting, and so on.
Read More >> http://internationalpatentservice.com/How-to-Patent.html
Thursday, October 11, 2018
iPass Continues to Optimize Wi-Fi Roaming Experience with Latest Patent
By: NASDAQ LIVE FEED
REDWOOD SHORES, Calif., Oct. 09, 2018 (GLOBE NEWSWIRE) — iPass Inc. (NASDAQ: IPAS), a leading provider of global mobile connectivity and location technology, today announced it has been granted United States Patent no. 10,080,209, issued on September 18th 2018, covering a means to identify whether a Wi-Fi access point is moving or stationary. Called Hop on/Hop off, the innovation analyzes telemetry data from a moving device that is connected to a Wi-Fi access point to determine whether the access point is also moving. The improved classification of Wi-Fi access points means that iPass SmartConnectTM users will always be connected to the best available network, even when their devices are moving.
Hop on/Hop off enhances the experience for users in two key scenarios. For example, if a moving user is listening to a music streaming service while driving down a city street, their device won’t connect to irrelevant networks, thereby limiting service disruption and preserving battery life. Likewise, a user on a Wi-Fi enabled airplane, train or bus can automatically connect to the iPass network where available.
The application for United States patent no. 10,080,209, “apparatus and method for identifying a moving Wi-Fi access point and managing connections therewith,” was applied for on September 22, 2016.
“Our goal is to provide users with the most seamless, secure Wi-Fi roaming experience possible,” said Raghu Konka, Vice President of Engineering at iPass. “Whether moving or stationery, iPass SmartConnect is constantly making intelligent connection decisions to invisibly and securely connect users to the Wi-Fi hotspots that best fit their needs. This patent is a key element in our vision to deliver unlimited, everywhere, and invisible connectivity to the best network, regardless of whether the network is Wi-Fi or cellular.”
iPass continues to prosecute patents to strengthen its global leadership in intelligent connection management, further enhancing the portfolio that was used in 2018 to collateralize a debt raise with Fortress.
About iPass, Inc.
iPass (NASDAQ: IPAS) has been a pioneer in wireless technology for 20 years. The company’s SmartConnect technology enables wireless users to automatically transition between Wi-Fi and cellular so they can stay connected to work – and life – on the go. This technology also lets businesses gather rich insights based on customer location. By incorporating both Wi-Fi and GPS signals, iPass delivers the industry’s most accurate location data, so that businesses can better understand their customers and create more value.
iPass® is a registered trademark of iPass Inc. Wi-Fi® is a registered trademark of the Wi-Fi Alliance. All other trademarks are owned by their respective owners.
Source >> https://www.financialbuzz.com/ipass-continues-to-optimize-wi-fi-roaming-experience-with-latest-patent-1200344/
REDWOOD SHORES, Calif., Oct. 09, 2018 (GLOBE NEWSWIRE) — iPass Inc. (NASDAQ: IPAS), a leading provider of global mobile connectivity and location technology, today announced it has been granted United States Patent no. 10,080,209, issued on September 18th 2018, covering a means to identify whether a Wi-Fi access point is moving or stationary. Called Hop on/Hop off, the innovation analyzes telemetry data from a moving device that is connected to a Wi-Fi access point to determine whether the access point is also moving. The improved classification of Wi-Fi access points means that iPass SmartConnectTM users will always be connected to the best available network, even when their devices are moving.
Hop on/Hop off enhances the experience for users in two key scenarios. For example, if a moving user is listening to a music streaming service while driving down a city street, their device won’t connect to irrelevant networks, thereby limiting service disruption and preserving battery life. Likewise, a user on a Wi-Fi enabled airplane, train or bus can automatically connect to the iPass network where available.
The application for United States patent no. 10,080,209, “apparatus and method for identifying a moving Wi-Fi access point and managing connections therewith,” was applied for on September 22, 2016.
“Our goal is to provide users with the most seamless, secure Wi-Fi roaming experience possible,” said Raghu Konka, Vice President of Engineering at iPass. “Whether moving or stationery, iPass SmartConnect is constantly making intelligent connection decisions to invisibly and securely connect users to the Wi-Fi hotspots that best fit their needs. This patent is a key element in our vision to deliver unlimited, everywhere, and invisible connectivity to the best network, regardless of whether the network is Wi-Fi or cellular.”
iPass continues to prosecute patents to strengthen its global leadership in intelligent connection management, further enhancing the portfolio that was used in 2018 to collateralize a debt raise with Fortress.
About iPass, Inc.
iPass (NASDAQ: IPAS) has been a pioneer in wireless technology for 20 years. The company’s SmartConnect technology enables wireless users to automatically transition between Wi-Fi and cellular so they can stay connected to work – and life – on the go. This technology also lets businesses gather rich insights based on customer location. By incorporating both Wi-Fi and GPS signals, iPass delivers the industry’s most accurate location data, so that businesses can better understand their customers and create more value.
iPass® is a registered trademark of iPass Inc. Wi-Fi® is a registered trademark of the Wi-Fi Alliance. All other trademarks are owned by their respective owners.
Source >> https://www.financialbuzz.com/ipass-continues-to-optimize-wi-fi-roaming-experience-with-latest-patent-1200344/
Wednesday, October 10, 2018
Startup Business: A Checklist
By: Michael J Foycik Jr.
June 22, 2016
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.
Starting a new business is exciting! Here's a checklist you'll want to consider.
> Trademark application or registered trademark. Everyone needs this.
> Pending patent application of any type: design, utility, or provisional (PPA).
> Funding, which can include crowd funding services like Kickstarter or Indiegogo.
> Copyright rights. This includes your web site and promotional materials.
> Publicity, if using crowd funding sites or if needed to attract investors.
Costs can be fairly low. Some informal rights are permitted, and every startup is different. Contact me with any questions at the email address below.
Read More >> http://internationalpatentservice.com/Startup-Business.html
June 22, 2016
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.
Starting a new business is exciting! Here's a checklist you'll want to consider.
> Trademark application or registered trademark. Everyone needs this.
> Pending patent application of any type: design, utility, or provisional (PPA).
> Funding, which can include crowd funding services like Kickstarter or Indiegogo.
> Copyright rights. This includes your web site and promotional materials.
> Publicity, if using crowd funding sites or if needed to attract investors.
Costs can be fairly low. Some informal rights are permitted, and every startup is different. Contact me with any questions at the email address below.
Read More >> http://internationalpatentservice.com/Startup-Business.html
Tuesday, October 9, 2018
What is Intellectual Property?
By: Gene Quinn
Generally speaking, “intellectual property” is probably best thought of (at least form a conceptual standpoint) as creations of the mind that are given the legal rights often associated with real or personal property. The rights that are obtained by the creator are a function of statutory law (i.e., law created by the legislature). These statutes may be federal or state laws, or in some instance both federal and state law govern various aspect of a single type of intellectual property.
The term intellectual property itself is now commonly used to refer to the bundle of rights conferred by each of the following fields of law: (1) patent law; (2) copyright law; (3) trade secret law; (4) the right of publicity; and (5) trademark and unfair competition law. Some people confuse these areas of intellectual property law, and although there may be some similarities among these kinds of intellectual property protection, they are different and serve different purposes.
What is a Patent?
Whenever you think patent you should think invention. Thus, a patent is the grant of a property right to an inventor. Patents only exist once they have been granted, and in the United States patents are issued by the U.S. Patent and Trademark Office, which is a non-commercial federal entity and one of 14 bureaus in the Department of Commerce. Before going any further it is worth pointing out that ideas are not patentable, although every invention starts out with an idea. Still, in order to be in a position where you can obtain a patent your idea must have matured into an invention. See Moving from Idea to Patent.
There are three very different kinds of patent in the United States: (1) a utility patent, which covers the functional aspects of products and processes; (2) a design patent, which covers the ornamental design of useful objects; and (3) a plant patent, which covers a new variety of living plant.
Each type of patent confers “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention into the United States. It is important to note, however, that patents do not protect ideas, but rather protect only tangible or identifiable structures and methods.
Typically when someone refers generically to “a patent” they are talking about a utility patent. In order to obtain a utility patent it is necessary to file a non-provisional patent application and go through an examination process where a patent examiner will review the application to determine what, if any, claims can be allowed. Many are probably also familiar with a provisional patent application, which can be used to establish priority and give the applicant “patent pending” status. A provisional patent application will never mature into a patent though. It is always necessary to file a non provisional patent application to obtain a patent.
Patent claims define the exclusive rights granted by the government. If it is not in a patent claim you do not have rights associated with it. If the claims are too detailed they can be easy to get around and not commercially useful. There is a lot that goes into any patent application, both from a technical and strategic standpoint.
Generally speaking the patent term for utility patents is now 20 years from the date on which the application for the patent was filed in the United States. Under some circumstances it is possible to obtain a 5 year extension to the patent grant, but this is rare, unless your invention relates to a pharmaceutical composition. It is also possible to obtain extension of patent term due to USPTO delay. Design patents, unlike utility patents, have a 14 year term from date of issuance. Historically, design patents were quite weak, but as the result of an important decision from the United States Court of Appeals for the Federal Circuit in the Fall of 2008, design patents are now much stronger and should be considered an important part of a patent portfolio when your invention relates to a product.
Read More >> http://www.ipwatchdog.com/2014/07/19/what-is-intellectual-property/id=47109/
Generally speaking, “intellectual property” is probably best thought of (at least form a conceptual standpoint) as creations of the mind that are given the legal rights often associated with real or personal property. The rights that are obtained by the creator are a function of statutory law (i.e., law created by the legislature). These statutes may be federal or state laws, or in some instance both federal and state law govern various aspect of a single type of intellectual property.
The term intellectual property itself is now commonly used to refer to the bundle of rights conferred by each of the following fields of law: (1) patent law; (2) copyright law; (3) trade secret law; (4) the right of publicity; and (5) trademark and unfair competition law. Some people confuse these areas of intellectual property law, and although there may be some similarities among these kinds of intellectual property protection, they are different and serve different purposes.
What is a Patent?
Whenever you think patent you should think invention. Thus, a patent is the grant of a property right to an inventor. Patents only exist once they have been granted, and in the United States patents are issued by the U.S. Patent and Trademark Office, which is a non-commercial federal entity and one of 14 bureaus in the Department of Commerce. Before going any further it is worth pointing out that ideas are not patentable, although every invention starts out with an idea. Still, in order to be in a position where you can obtain a patent your idea must have matured into an invention. See Moving from Idea to Patent.
There are three very different kinds of patent in the United States: (1) a utility patent, which covers the functional aspects of products and processes; (2) a design patent, which covers the ornamental design of useful objects; and (3) a plant patent, which covers a new variety of living plant.
Each type of patent confers “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention into the United States. It is important to note, however, that patents do not protect ideas, but rather protect only tangible or identifiable structures and methods.
Typically when someone refers generically to “a patent” they are talking about a utility patent. In order to obtain a utility patent it is necessary to file a non-provisional patent application and go through an examination process where a patent examiner will review the application to determine what, if any, claims can be allowed. Many are probably also familiar with a provisional patent application, which can be used to establish priority and give the applicant “patent pending” status. A provisional patent application will never mature into a patent though. It is always necessary to file a non provisional patent application to obtain a patent.
Patent claims define the exclusive rights granted by the government. If it is not in a patent claim you do not have rights associated with it. If the claims are too detailed they can be easy to get around and not commercially useful. There is a lot that goes into any patent application, both from a technical and strategic standpoint.
Generally speaking the patent term for utility patents is now 20 years from the date on which the application for the patent was filed in the United States. Under some circumstances it is possible to obtain a 5 year extension to the patent grant, but this is rare, unless your invention relates to a pharmaceutical composition. It is also possible to obtain extension of patent term due to USPTO delay. Design patents, unlike utility patents, have a 14 year term from date of issuance. Historically, design patents were quite weak, but as the result of an important decision from the United States Court of Appeals for the Federal Circuit in the Fall of 2008, design patents are now much stronger and should be considered an important part of a patent portfolio when your invention relates to a product.
Read More >> http://www.ipwatchdog.com/2014/07/19/what-is-intellectual-property/id=47109/
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