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.
When – and why - do you need a patent?
You need a patent:
> If you wish to stop others from copying your invention.
> If you wish to protect yourself from competitors who may copy your invention and then try to patent it themselves.
> If your product is in stores and you are challenged by a competitor who claims they have patent rights of their own.
> If having a unique new product would allow you to set a much higher selling price.
> If it is important to impress potential investors, customers or retailers.
> If you want to stop illegal copies of your products from entering the U.S.
> If you hope to sell your business for a profit. Patent rights are often the most important asset of a successful business.
> If you hope to license your patented product to others.
And, there may be other reasons, in particular cases, for having a patent.
And, there's more! A patent is based on a patent application. Even before a patent application issues as a patent, the pending patent application can also give important benefits. These are as follows.
You need a pending patent application:
> If you wish to discourage competitors from copying your invention. Those competitors may not wish to invest in manufacturing and marketing a competing product, because your pending patent application could issue at any moment as a granted patent. That uncertainty itself thus helps to protect the invention.
> If you wish to protect yourself from competitors who may copy your invention and then try to patent it themselves. Even if the patent application never issues as a patent, it is a permanent record of your prior inventorship. The published patent application, even if it never issues as a patent, might be used as prior art against later applicants.
> If having a unique new product would allow you to set a much higher selling price. Customers and retailers know that “patent pending” means something, and it suggests that your product or service is new and unique. It can be a good selling point in some cases.
> If investors, customers or retailers would be impressed by the invention.
> If you hope to sell your business for a profit. A pending patent application is often the most important asset of a successful business.
Read More >> http://internationalpatentservice.com/do-i-need-a-patent.html
Monday, October 29, 2018
Sunday, October 28, 2018
How to Protect Your Intellectual Property When Crowdfunding: 5 Tips
By: Christina DesMarais
Whether you're using a pre-order platform such as Kickstarter or one in which you give away actual equity in your company to investors, crowdfunding can be a good way to get traction and deliver your new product into the hands of customers. But how do you do it without divulging too much information about your intellectual property? Chris Tsai, founder and CEO of Celery, a Y Combinator alum that helps companies take pre-orders for new and out-of-stock products and conduct crowdfunding campaigns on their own websites, has some ideas. Here are a handful of ways he says you can keep your trade secrets safe when crowdfunding.
1. Understand the window of time involved with an enabling public disclosure.
If you haven't filed a patent application you have one year to do so after publicly announcing your product or offering it for sale in the U.S. After the 12-month window has closed, patent protection is unavailable and you lose the right to file a patent and be the exclusive producer of your invention.
2. Make sure you have your legal ducks in a row.
In other words, if IP matters to your business-whether in the form of patents, trademarks or trade secrets-you need to talk to a lawyer. "Work with a lawyer to know what altitude you need to fly at, as far as how aggressive you want to be," he says.
3. Choose a crowdfunding platform carefully.
When you use site like Kickstarter you'll need to use the platform's standard format, including showing a video, offering perks to backers and explaining product development. With a private crowdfunding site you have more control over how much information you share. "If you pick a private crowd funding or pre-order platform like Celery you have a lot more control over whether you show a video, how much you disclose about your sales and how much you share," he says.
4. Nail your product offering before launching publicly.
This applies if your IP is something that others will immediately copy. "For example, the startup Coin delayed its public disclosure for as long as it could, because they knew that no manner of IP strategy would prevent copy-cats, which has in fact has been the case," he says.
5. Take more than money from your crowdfunding backers.
Often these kinds of supporters have technology expertise that can be mined if you're early in the product development stage and smart backers can lend advice if you run into a hitch involving something such as manufacturing. "Just be aware that there's potential for IP leakage when you're doing that," he says, "but I think the benefits tend to outweigh the costs of leaning into your backers for help."
Read More >> https://www.inc.com/christina-desmarais/how-to-protect-your-intellectual-property-when-crowdfunding-5-tips.html
Whether you're using a pre-order platform such as Kickstarter or one in which you give away actual equity in your company to investors, crowdfunding can be a good way to get traction and deliver your new product into the hands of customers. But how do you do it without divulging too much information about your intellectual property? Chris Tsai, founder and CEO of Celery, a Y Combinator alum that helps companies take pre-orders for new and out-of-stock products and conduct crowdfunding campaigns on their own websites, has some ideas. Here are a handful of ways he says you can keep your trade secrets safe when crowdfunding.
1. Understand the window of time involved with an enabling public disclosure.
If you haven't filed a patent application you have one year to do so after publicly announcing your product or offering it for sale in the U.S. After the 12-month window has closed, patent protection is unavailable and you lose the right to file a patent and be the exclusive producer of your invention.
2. Make sure you have your legal ducks in a row.
In other words, if IP matters to your business-whether in the form of patents, trademarks or trade secrets-you need to talk to a lawyer. "Work with a lawyer to know what altitude you need to fly at, as far as how aggressive you want to be," he says.
3. Choose a crowdfunding platform carefully.
When you use site like Kickstarter you'll need to use the platform's standard format, including showing a video, offering perks to backers and explaining product development. With a private crowdfunding site you have more control over how much information you share. "If you pick a private crowd funding or pre-order platform like Celery you have a lot more control over whether you show a video, how much you disclose about your sales and how much you share," he says.
4. Nail your product offering before launching publicly.
This applies if your IP is something that others will immediately copy. "For example, the startup Coin delayed its public disclosure for as long as it could, because they knew that no manner of IP strategy would prevent copy-cats, which has in fact has been the case," he says.
5. Take more than money from your crowdfunding backers.
Often these kinds of supporters have technology expertise that can be mined if you're early in the product development stage and smart backers can lend advice if you run into a hitch involving something such as manufacturing. "Just be aware that there's potential for IP leakage when you're doing that," he says, "but I think the benefits tend to outweigh the costs of leaning into your backers for help."
Read More >> https://www.inc.com/christina-desmarais/how-to-protect-your-intellectual-property-when-crowdfunding-5-tips.html
Steps For Getting A 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.
Steps For Getting a Patent
These are the basic steps for getting a patent.
First, file a patent application which describes and claims the invention.
Then, respond to any official actions received from the U.S. Patent Office. If the official action is a rejection, then a response will provide arguments in support of patentability and possibly changes to the claims.
Assuming the application is deemed patentable (the majority are), then a Notice of Allowance and Issue Fee Due is sent. Upon payment of the issue fee, a patent will issue.
It is that simple. This whole process can take anywhere from 12 months to 36 months, depending entirely on the U.S. Patent Examiner to which the application is officially assigned.
A more detailed explanation is as follows.
Preparing the patent application
First, you provide details about the invention, and we prepare a draft application together with draft drawings, for your review. This draft includes the claims, abstract, summary of the invention, background of the invention, and detailed description of the invention. We make any changes or additions you wish to make, at no additional charge. We charge half of the fixed service fee in advance for this draft.
When you are satisfied with the application, we send the final, revised version of the application together with the necessary legal forms (i.e. the Declaration by the inventor, and possibly a small entity form and/or an Assignment if needed). You review the completed application papers, and if satisfied, sign and date the forms and return all of the paperwork together with the balance due.
When there are drawings in the application, we attend to obtaining formal drawings either before or after filing the application. When the application has been filed without formal drawings, the formal drawings are due approximately two months after the date of filing. The drawings are obtained at a cost of less than $150 per sheet. If possible, two to five figures of drawing may be placed on each sheet, to keep costs as low as possible. Typically, for a medium complexity invention, four or five sheets of drawings may be required. For a simple application, often just one sheet is needed.
Read More >> http://internationalpatentservice.com/steps-for-getting-a-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.
Steps For Getting a Patent
These are the basic steps for getting a patent.
First, file a patent application which describes and claims the invention.
Then, respond to any official actions received from the U.S. Patent Office. If the official action is a rejection, then a response will provide arguments in support of patentability and possibly changes to the claims.
Assuming the application is deemed patentable (the majority are), then a Notice of Allowance and Issue Fee Due is sent. Upon payment of the issue fee, a patent will issue.
It is that simple. This whole process can take anywhere from 12 months to 36 months, depending entirely on the U.S. Patent Examiner to which the application is officially assigned.
A more detailed explanation is as follows.
Preparing the patent application
First, you provide details about the invention, and we prepare a draft application together with draft drawings, for your review. This draft includes the claims, abstract, summary of the invention, background of the invention, and detailed description of the invention. We make any changes or additions you wish to make, at no additional charge. We charge half of the fixed service fee in advance for this draft.
When you are satisfied with the application, we send the final, revised version of the application together with the necessary legal forms (i.e. the Declaration by the inventor, and possibly a small entity form and/or an Assignment if needed). You review the completed application papers, and if satisfied, sign and date the forms and return all of the paperwork together with the balance due.
When there are drawings in the application, we attend to obtaining formal drawings either before or after filing the application. When the application has been filed without formal drawings, the formal drawings are due approximately two months after the date of filing. The drawings are obtained at a cost of less than $150 per sheet. If possible, two to five figures of drawing may be placed on each sheet, to keep costs as low as possible. Typically, for a medium complexity invention, four or five sheets of drawings may be required. For a simple application, often just one sheet is needed.
Read More >> http://internationalpatentservice.com/steps-for-getting-a-patent.html
Saturday, October 27, 2018
Op-Ed: Protecting Intellectual Property – Incentivizing Economic Growth, Creativity, and Progress
By: Editor
Every year on April 26, we celebrate World Intellectual Property Day to learn about the role that patents, trademarks, and copyright play in promoting innovation, creativity, and progress. As we celebrate this year under the worldwide theme “Powering Change: Women in Innovation and Creativity,” we recognize the ingenuity of women around the world, who are bravely using their ideas, designs, and products to shape a brighter future for us all.
Our recent event on the role of copyright protections in promoting local content and business development in Guyana reflected that theme, from an opening speech by Minister of Public Telecommunications Catherine Hughes to the inclusion of remarkable women artists that added a wealth of depth to our panel and audience. Through their voices and the insight of all our panelists, we come to one conclusion:
To honor content creators around the world, we must consider how we can protect their work from theft. Only this will ensure they receive the credit and financial reward to enable them to keep using their creative talents to better themselves, to better their craft, to better Guyana, and ultimately to better the world.
The protection of the creativity and hard work of writers, artists, musicians, and others makes prosperity and progress possible. During my time as U.S. Ambassador to the Co-Operative Republic of Guyana, I have seen firsthand that Guyanese are hardworking, intelligent, and resourceful.
The ingenuity and ability of Guyana’s artists and entrepreneurs is daily proof of it. I consider them and their creations as part of the social fabric and cultural patrimony of Guyana, highlighting the true extent of this country’s wealth beyond its already vast natural resources.
As representatives of Guyana’s country brand domestically and overseas, writers, artists, filmmakers, fashion and textile designers, mobile and web application coders and creators, and inventors in all sectors send a strong signal to the rest of the world about Guyana’s values, traditions, and knowledge. Protecting their creations and their intellectual property rights (IPR), is the right thing to do.
It’s not just individuals who benefit. Research shows robust legislation to protect IPR encourages the development of the arts and breeds innovation in science and technology. Many people assume protecting people’s IPR only helps high-income countries where companies spend large amounts on research and development (R&D).
However, economists have learned that improving patent, trademark, and copyright protections help economic development in countries at all economic levels. This is because a strong IPR framework aids open trade, which in turn creates greater trust between trading partners, helping increase economic prosperity.
In fact, the U.S. Chamber of Commerce’s international index found a strong link between robust IPR protections and increased technology transfers and exchanges, access to foreign direct investment, and employment. Even countries without large – or even visible – R&D sectors benefit from a strong IPR regulatory framework because it gives them more access to new partnerships, technology, and knowledge.
As the Government of Guyana prepares to take up the pen on copyright legislation, I commend the Ministers, advocates, and content creators that have been and will continue to champion an improved framework of IPR protections in country.
They are the visionaries that see, today, how legislation, treaties, and outreach will ultimately benefit the people and the economy. Today, on World Intellectual Property Day, I salute them and encourage all of us to support local content creators – from artists to inventors to software engineers – by purchasing their work through legal means and applauding those advocating for change.
Read More >> https://newsroom.gy/2018/10/26/op-ed-protecting-intellectual-property-incentivizing-economic-growth-creativity-and-progress/
Every year on April 26, we celebrate World Intellectual Property Day to learn about the role that patents, trademarks, and copyright play in promoting innovation, creativity, and progress. As we celebrate this year under the worldwide theme “Powering Change: Women in Innovation and Creativity,” we recognize the ingenuity of women around the world, who are bravely using their ideas, designs, and products to shape a brighter future for us all.
Our recent event on the role of copyright protections in promoting local content and business development in Guyana reflected that theme, from an opening speech by Minister of Public Telecommunications Catherine Hughes to the inclusion of remarkable women artists that added a wealth of depth to our panel and audience. Through their voices and the insight of all our panelists, we come to one conclusion:
To honor content creators around the world, we must consider how we can protect their work from theft. Only this will ensure they receive the credit and financial reward to enable them to keep using their creative talents to better themselves, to better their craft, to better Guyana, and ultimately to better the world.
The protection of the creativity and hard work of writers, artists, musicians, and others makes prosperity and progress possible. During my time as U.S. Ambassador to the Co-Operative Republic of Guyana, I have seen firsthand that Guyanese are hardworking, intelligent, and resourceful.
The ingenuity and ability of Guyana’s artists and entrepreneurs is daily proof of it. I consider them and their creations as part of the social fabric and cultural patrimony of Guyana, highlighting the true extent of this country’s wealth beyond its already vast natural resources.
As representatives of Guyana’s country brand domestically and overseas, writers, artists, filmmakers, fashion and textile designers, mobile and web application coders and creators, and inventors in all sectors send a strong signal to the rest of the world about Guyana’s values, traditions, and knowledge. Protecting their creations and their intellectual property rights (IPR), is the right thing to do.
It’s not just individuals who benefit. Research shows robust legislation to protect IPR encourages the development of the arts and breeds innovation in science and technology. Many people assume protecting people’s IPR only helps high-income countries where companies spend large amounts on research and development (R&D).
However, economists have learned that improving patent, trademark, and copyright protections help economic development in countries at all economic levels. This is because a strong IPR framework aids open trade, which in turn creates greater trust between trading partners, helping increase economic prosperity.
In fact, the U.S. Chamber of Commerce’s international index found a strong link between robust IPR protections and increased technology transfers and exchanges, access to foreign direct investment, and employment. Even countries without large – or even visible – R&D sectors benefit from a strong IPR regulatory framework because it gives them more access to new partnerships, technology, and knowledge.
As the Government of Guyana prepares to take up the pen on copyright legislation, I commend the Ministers, advocates, and content creators that have been and will continue to champion an improved framework of IPR protections in country.
They are the visionaries that see, today, how legislation, treaties, and outreach will ultimately benefit the people and the economy. Today, on World Intellectual Property Day, I salute them and encourage all of us to support local content creators – from artists to inventors to software engineers – by purchasing their work through legal means and applauding those advocating for change.
Read More >> https://newsroom.gy/2018/10/26/op-ed-protecting-intellectual-property-incentivizing-economic-growth-creativity-and-progress/
Thursday, October 25, 2018
International Trademark Classes
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.
International Trademark Classes
INTERNATIONAL TRADEMARK CLASSES OF GOODS AND SERVICES
GOODS
Class 1 - Chemicals
Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry.
Class 2 - Paints
Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists.
Class 3 - Cosmetics and cleaning preparations
Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.
Class 4 - Lubricants and fuels
Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles, wicks.
Class 5 - Pharmaceuticals
Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.
Class 6 - Metal goods
Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores.
Class 7 - Machinery
Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements; incubators for eggs.
Class 8 - Hand tools
Hand tools and implements (hand operated); cutlery; side arms; razors.
Class 9 - Electrical and scientific apparatus
Scientific, nautical, surveying, electric, photographic, cinematographer, optical, weighing, measuring, signaling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus.
Class 10 - Medical apparatus
Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopedic articles; suture materials.
Read More >> http://internationalpatentservice.com/trademark-classes.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.
International Trademark Classes
INTERNATIONAL TRADEMARK CLASSES OF GOODS AND SERVICES
GOODS
Class 1 - Chemicals
Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry.
Class 2 - Paints
Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists.
Class 3 - Cosmetics and cleaning preparations
Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.
Class 4 - Lubricants and fuels
Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles, wicks.
Class 5 - Pharmaceuticals
Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.
Class 6 - Metal goods
Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores.
Class 7 - Machinery
Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements; incubators for eggs.
Class 8 - Hand tools
Hand tools and implements (hand operated); cutlery; side arms; razors.
Class 9 - Electrical and scientific apparatus
Scientific, nautical, surveying, electric, photographic, cinematographer, optical, weighing, measuring, signaling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus.
Class 10 - Medical apparatus
Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopedic articles; suture materials.
Read More >> http://internationalpatentservice.com/trademark-classes.html
Wednesday, October 24, 2018
Ballard Spahr's Lawrence Nodine to Receive 2018 Intellectual Property Legends Award
By: Lawrence K. Nodine
Lawrence K. Nodine will receive an Intellectual Property Legend Award from the Georgia Intellectual Property Alliance, Georgia State University, and Georgia Institute of Technology, in partnership with the State Bar of Georgia and the Atlanta Bar Association. The IP Legends Awards are given every third year to individuals who have made a profound impact on intellectual property.
Mr. Nodine is one of three recipients of this year's awards. The other two are Andrew Young, a civil rights icon and former U.S. Congressman who served as the U.S. Ambassador to the United Nations and later as Mayor of Atlanta, and Lonnie Johnson, an inventor and engineer who holds more than 120 patents and is best known as the inventor of the Super Soaker water gun. The recipients will be recognized at a luncheon on October 24.
Mr. Nodine is Managing Partner of Ballard Spahr's Atlanta office and former Practice Leader of its Intellectual Property Litigation Group. For the last 35 years, Mr. Nodine has represented clients in a wide range of intellectual property litigation involving trademark, copyright, and patent matters. He has appeared in more than 300 cases in 23 jurisdictions across the United States. The many complex patent cases he has handled encompass biotechnology, electronic communications, vehicular telematics, pharmaceuticals, antimicrobial agents, and avionics, among other areas.
Since 1987, Mr. Nodine has served as an adjunct professor at Emory Law School, where he has taught a variety of intellectual property courses, including internet law. An active mediator, Mr. Nodine has moderated more than 50 intellectual property cases. He has served on the amicus committee of the International Trademark Association for many years, and currently serves as chairman of the United States subcommittee. Mr. Nodine is also a World Intellectual Property Organization Panelist for Uniform Domain Name Dispute Resolution Policy cases.
Ballard Spahr entered the Atlanta market when it acquired the intellectual property firm of Needle & Rosenberg in 2008. Since then, it has expanded into other areas of law, including consumer finance, public finance, and real estate. The Atlanta office is also home to the firm's Korea Practice, which counsels clients on patent issues, corporate structuring, and on the benefits of the United States-Korea Free Trade Agreement. The office's intellectual property practice covers an array of services, including patent prosecution, trademark clearance, strategic IP counseling, and full-scale litigation.
Read More >> https://www.ballardspahr.com/eventsnews/pressreleases/2018-10-23-lawrence-nodine-to-receive-2018-ip-legends-award.aspx
Lawrence K. Nodine will receive an Intellectual Property Legend Award from the Georgia Intellectual Property Alliance, Georgia State University, and Georgia Institute of Technology, in partnership with the State Bar of Georgia and the Atlanta Bar Association. The IP Legends Awards are given every third year to individuals who have made a profound impact on intellectual property.
Mr. Nodine is one of three recipients of this year's awards. The other two are Andrew Young, a civil rights icon and former U.S. Congressman who served as the U.S. Ambassador to the United Nations and later as Mayor of Atlanta, and Lonnie Johnson, an inventor and engineer who holds more than 120 patents and is best known as the inventor of the Super Soaker water gun. The recipients will be recognized at a luncheon on October 24.
Mr. Nodine is Managing Partner of Ballard Spahr's Atlanta office and former Practice Leader of its Intellectual Property Litigation Group. For the last 35 years, Mr. Nodine has represented clients in a wide range of intellectual property litigation involving trademark, copyright, and patent matters. He has appeared in more than 300 cases in 23 jurisdictions across the United States. The many complex patent cases he has handled encompass biotechnology, electronic communications, vehicular telematics, pharmaceuticals, antimicrobial agents, and avionics, among other areas.
Since 1987, Mr. Nodine has served as an adjunct professor at Emory Law School, where he has taught a variety of intellectual property courses, including internet law. An active mediator, Mr. Nodine has moderated more than 50 intellectual property cases. He has served on the amicus committee of the International Trademark Association for many years, and currently serves as chairman of the United States subcommittee. Mr. Nodine is also a World Intellectual Property Organization Panelist for Uniform Domain Name Dispute Resolution Policy cases.
Ballard Spahr entered the Atlanta market when it acquired the intellectual property firm of Needle & Rosenberg in 2008. Since then, it has expanded into other areas of law, including consumer finance, public finance, and real estate. The Atlanta office is also home to the firm's Korea Practice, which counsels clients on patent issues, corporate structuring, and on the benefits of the United States-Korea Free Trade Agreement. The office's intellectual property practice covers an array of services, including patent prosecution, trademark clearance, strategic IP counseling, and full-scale litigation.
Read More >> https://www.ballardspahr.com/eventsnews/pressreleases/2018-10-23-lawrence-nodine-to-receive-2018-ip-legends-award.aspx
Tuesday, October 23, 2018
How to Patent a Design
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 design
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.
A design is anything which is not functional. A casing or cover for a working device can be a design. Other things can be designs too. A design can best be protected by a design patent application, and usually costs much less to file than a utility (“regular“) patent application. Even the government filing fee is much lower for a design patent application.
What is needed to get a design patent application? You will normally need drawings showing the design from six different orthogonal views. The application itself is very short, and has text naming the invention, describing the drawings, and ending with a claim. The drawings do not need to be like blueprints; instead, they are simplified. And, it is not necessary to have a working model.
Once filed with the US Patent Office, the design application is examined, and if granted, can mature into a design patent. But why get a design patent? For one thing, a design patent protects not only the design itself, but all obvious variations that are not within the public domain already.
By contrast, a copyright only covers copies made, which must be exact copies. And, a copyright does not cover any design, even if identical, which was not copied. So, if two inventors both make the same exact design by sheer chance, and one inventor gets a copyright, that copyright would not be usable against the other inventor. The reason is, a copyright only covers copying.
A design patent covers any design that is sufficiently close so as to infringe, even if there was no copying. A design patent is therefore valuable, yet different from a copyright.
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.”
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. These are not usually hard to do for a design patent application.
Then, a Declaration is prepared showing the name of the inventor and title of the invention. This is from a standard form provided by the US Patent Office.
Last, a cover page including a Transmittal sheet is prepared, listing what is being filed with the US Patent Office. The Transmittal page normally will include a check for the amount of the US government filing fee, and a postcard filing receipt. The check can be omitted, as can the signed Declaration, but in that case the US Patent Office will send a notice asking for those items along with a relatively small late fee.
Read More >> http://internationalpatentservice.com/How-to-Patent-a-Design.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 design
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.
A design is anything which is not functional. A casing or cover for a working device can be a design. Other things can be designs too. A design can best be protected by a design patent application, and usually costs much less to file than a utility (“regular“) patent application. Even the government filing fee is much lower for a design patent application.
What is needed to get a design patent application? You will normally need drawings showing the design from six different orthogonal views. The application itself is very short, and has text naming the invention, describing the drawings, and ending with a claim. The drawings do not need to be like blueprints; instead, they are simplified. And, it is not necessary to have a working model.
Once filed with the US Patent Office, the design application is examined, and if granted, can mature into a design patent. But why get a design patent? For one thing, a design patent protects not only the design itself, but all obvious variations that are not within the public domain already.
By contrast, a copyright only covers copies made, which must be exact copies. And, a copyright does not cover any design, even if identical, which was not copied. So, if two inventors both make the same exact design by sheer chance, and one inventor gets a copyright, that copyright would not be usable against the other inventor. The reason is, a copyright only covers copying.
A design patent covers any design that is sufficiently close so as to infringe, even if there was no copying. A design patent is therefore valuable, yet different from a copyright.
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.”
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. These are not usually hard to do for a design patent application.
Then, a Declaration is prepared showing the name of the inventor and title of the invention. This is from a standard form provided by the US Patent Office.
Last, a cover page including a Transmittal sheet is prepared, listing what is being filed with the US Patent Office. The Transmittal page normally will include a check for the amount of the US government filing fee, and a postcard filing receipt. The check can be omitted, as can the signed Declaration, but in that case the US Patent Office will send a notice asking for those items along with a relatively small late fee.
Read More >> http://internationalpatentservice.com/How-to-Patent-a-Design.html
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