By: Michael J Foycik Jr.
November 15, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Wonder what is patentable? When a good idea could becomes a valuable right? If so, read on!
The legal standards are simple to state: anything new an unobvious. But, what is new? And, what is unobvious? This is discussed as follows.
Anything “new” would include a new arrangement of old parts, an arrangement which achieves a new result, and any improvement to an existing device. These all may be deemed to be new and can therefore support a patent application. A very small improvement is still new under this standard.
Make something useful out of standard hardware items? That's ok, as long as it is new. How do you know it is new? Well, if you didn't copy it, and haven't seen one anywhere, then it could be new. A patent search might – or might not – turn up relevant prior art, so that's another way to try to guesstimate whether something is really new or not.
The next item, though, is whether the invention is unobvious. That is a legal determination which is typically made by a patent examiner in the course of his/her duties. This standard may vary greatly from one person to the next, but in the end the examiner's decision is the one that counts.
So, how does a patent examiner decide what is unobvious? Easy – from a study of the relevant prior art. The examiner is normally a subject matter expert, and therefore can locate the most relevant prior art patents and publications. Even a small change may rise to the level of patentability, if there is no teaching or suggestion in the prior art to suggest that modification.
Read more >> http://internationalpatentservice.com/What-Is-Patentable.html
Wednesday, May 8, 2019
Tuesday, May 7, 2019
Microsoft expands Azure IP Advantage Program with new IP benefits for Azure IoT innovators and startups
By: Erich Andersen
At Microsoft, we’re investing in helping our customers as they move to the cloud. We see an opportunity to help support companies in this changing environment by bringing our security, privacy, compliance and intellectual property assets and expertise to bear in order to help them be more successful. We’re excited to now take an additional step that expands innovation protections.
Today, we are pleased to announce the expansion of the Microsoft Azure IP Advantage program to include new benefits for Azure IoT innovators and startups. We first announced Azure IP Advantage in February 2017, to provide comprehensive protection against intellectual property (IP) risks for our cloud customers. A trend we saw at the time – and one that continues today – is a growing risk to cloud innovation from patent lawsuits. Last year, we joined the Open Invention Network (OIN) and the License on Transfer (LOT) Network to help address patent assertion risk for our customers and partners.
But we believe we can do more. The number of IoT-litigated patents in the U.S. witnessed an increase of more than 400 percent from 2013 to 2018. That’s why, after speaking to customers and reflecting on how we could add even more value to the Azure IP Advantage program, we decided to expand the program with new benefits focused on the Azure-powered Internet of Things (IoT)ecosystem and startups to help deter lawsuits against Azure customers. The new features announced today include:
> Uncapped indemnification coverage for Microsoft’s Azure Sphere and Windows IoT.
Indemnification helps protect a customer from IP infringement claims asserted against the customer for its use of the product or service. Today’s expansion brings uncapped indemnification coverage to Azure Sphere and Windows IoT, including the open source software incorporated by Microsoft in these products.
> Access to 10,000 patents for customers using Azure to power IoT devices to defend themselves against IP lawsuits. This benefit can help deter patent lawsuits against Azure customers for their workloads and applications running in Azure or on their IoT devices, as qualified customers can pick a patent to use in their defense of a lawsuit.
> The ability for startups on Azure to acquire Microsoft patents to help boost their business. Qualified startups who also join the LOT Network can acquire Microsoft patents through LOT in technical areas including artificial intelligence, multimedia and security. Patents can play an important role for startups as they grow, look for ways to protect their innovations, and attract critical capital support.
Read more >> https://blogs.microsoft.com/on-the-issues/2019/03/28/microsoft-expands-azure-ip-advantage-program-with-new-ip-benefits-for-azure-iot-innovators-and-startups/
At Microsoft, we’re investing in helping our customers as they move to the cloud. We see an opportunity to help support companies in this changing environment by bringing our security, privacy, compliance and intellectual property assets and expertise to bear in order to help them be more successful. We’re excited to now take an additional step that expands innovation protections.
Today, we are pleased to announce the expansion of the Microsoft Azure IP Advantage program to include new benefits for Azure IoT innovators and startups. We first announced Azure IP Advantage in February 2017, to provide comprehensive protection against intellectual property (IP) risks for our cloud customers. A trend we saw at the time – and one that continues today – is a growing risk to cloud innovation from patent lawsuits. Last year, we joined the Open Invention Network (OIN) and the License on Transfer (LOT) Network to help address patent assertion risk for our customers and partners.
But we believe we can do more. The number of IoT-litigated patents in the U.S. witnessed an increase of more than 400 percent from 2013 to 2018. That’s why, after speaking to customers and reflecting on how we could add even more value to the Azure IP Advantage program, we decided to expand the program with new benefits focused on the Azure-powered Internet of Things (IoT)ecosystem and startups to help deter lawsuits against Azure customers. The new features announced today include:
> Uncapped indemnification coverage for Microsoft’s Azure Sphere and Windows IoT.
Indemnification helps protect a customer from IP infringement claims asserted against the customer for its use of the product or service. Today’s expansion brings uncapped indemnification coverage to Azure Sphere and Windows IoT, including the open source software incorporated by Microsoft in these products.
> Access to 10,000 patents for customers using Azure to power IoT devices to defend themselves against IP lawsuits. This benefit can help deter patent lawsuits against Azure customers for their workloads and applications running in Azure or on their IoT devices, as qualified customers can pick a patent to use in their defense of a lawsuit.
> The ability for startups on Azure to acquire Microsoft patents to help boost their business. Qualified startups who also join the LOT Network can acquire Microsoft patents through LOT in technical areas including artificial intelligence, multimedia and security. Patents can play an important role for startups as they grow, look for ways to protect their innovations, and attract critical capital support.
Read more >> https://blogs.microsoft.com/on-the-issues/2019/03/28/microsoft-expands-azure-ip-advantage-program-with-new-ip-benefits-for-azure-iot-innovators-and-startups/
Monday, May 6, 2019
Patent Mistakes Commonly Made By DIY Inventors
By: Michael J Foycik Jr.
October 24, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
There are some very common mistakes made by do-it-yourself (DIY) inventors when it comes to patenting. There are two main patent types, Provisional Patent Applications (PPAs) and Utility Patent Applications.
The worst mistake: trying to hide the invention. This happens when inventors recite all the advantages and benefits, but do not show enough structure to support those functions. The rejection that occurs in those situations is an “insufficient disclosure” rejection, and it is a serious matter in the patent world.
Drawings: color drawings are a mistake. Only black-and-white line drawings are accepted, except under relatively rare conditions such as a biological micrograph.
Also a mistake: drawings without proper margins of one inch at the top and left, 5/8 inch on the right, and 3/8 at the bottom.
Another mistake is failing to show enough features in the drawings. Many inventors seem to think one or two good drawings are enough. Many times it is necessary to have cross sections shown, enlarged detail views, and diagrams showing a change in position or condition. Also, front views of mechanical systems are often not enough. Other views may well be necessary: side, rear, bottom, perspective, and assembly drawings all find good use in patent drawings.
For Utility Patent Applications, mistakes are very often made in the claims. Anything claimed must also be present in the drawings. It is normally not possible to change the drawings. Therefore, make sure anything that should be claimed is clearly shown in the drawings.
Read more >> http://internationalpatentservice.com/Patent-Mistakes-Commonly-Made.html
October 24, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
There are some very common mistakes made by do-it-yourself (DIY) inventors when it comes to patenting. There are two main patent types, Provisional Patent Applications (PPAs) and Utility Patent Applications.
The worst mistake: trying to hide the invention. This happens when inventors recite all the advantages and benefits, but do not show enough structure to support those functions. The rejection that occurs in those situations is an “insufficient disclosure” rejection, and it is a serious matter in the patent world.
Drawings: color drawings are a mistake. Only black-and-white line drawings are accepted, except under relatively rare conditions such as a biological micrograph.
Also a mistake: drawings without proper margins of one inch at the top and left, 5/8 inch on the right, and 3/8 at the bottom.
Another mistake is failing to show enough features in the drawings. Many inventors seem to think one or two good drawings are enough. Many times it is necessary to have cross sections shown, enlarged detail views, and diagrams showing a change in position or condition. Also, front views of mechanical systems are often not enough. Other views may well be necessary: side, rear, bottom, perspective, and assembly drawings all find good use in patent drawings.
For Utility Patent Applications, mistakes are very often made in the claims. Anything claimed must also be present in the drawings. It is normally not possible to change the drawings. Therefore, make sure anything that should be claimed is clearly shown in the drawings.
Read more >> http://internationalpatentservice.com/Patent-Mistakes-Commonly-Made.html
Sunday, May 5, 2019
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.
Read more >> https://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.
Read more >> https://www.ipwatchdog.com/2014/07/19/what-is-intellectual-property/id=47109/
Saturday, May 4, 2019
A Patent Attorney Talks About Investing
By: Michael J Foycik Jr.
October 2, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
It happens often enough – patent attorneys talk with investors for many purposes. Sometimes it is to consider the value of a patent, other times it is simply because the investor is backing a particular client or has a question about litigation.
So what happens when the investor wants to talk with the patent attorney about investing? Well, interesting stuff. Here are a few samples that may help you evaluate an investment opportunity like a professional.
Let's say there is a technical field of special interest. For example, let's say you're familiar with greeting cards, or jewelry, or party planning. Suppose there are companies capable of leading those fields, still virtually unknown to the mainstream business investor. You can locate companies leading those fields using patents as your guide.
Why so? That's easy! So many reasons! Let's start with one: patents cost real money. Any company that believes in its new product enough to spend money, may well be worth a look.
A second reason: patents reveal what's hot in an industry long before the business world catches on. This was true of every type of technology you see today, and it pays to be ahead of the curve.
A third reason: when there are many recent patents in a given field it is a reliable indicator that the field is very profitable. Yet, the products that will be sold under those patents may be months or years away. Again, it pays to be ahead of the curve.
A fourth reason: if there is a company you plan to invest in, wouldn't you like to be sure its technology will not suddenly be overtaken by otheres or even become obsolete? Sure you would! Again, looking at the recent patents in that field will tell you who the leaders are, where they're going, and if your selected company is still in the running.
A fifth reason: patents generally tell the truth (otherwise they may be voided). You'd be surprised at the things you could find out by reading patents in any given field. You can be more confident in what you are investing, if you have considered those recent patents. And, it is good to know when to flee from an investment opportunity, even one that otherwise seems enticing.
Read more >> http://internationalpatentservice.com/A-Patent-Attorney-Talks-About-Investing.html
October 2, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
It happens often enough – patent attorneys talk with investors for many purposes. Sometimes it is to consider the value of a patent, other times it is simply because the investor is backing a particular client or has a question about litigation.
So what happens when the investor wants to talk with the patent attorney about investing? Well, interesting stuff. Here are a few samples that may help you evaluate an investment opportunity like a professional.
Let's say there is a technical field of special interest. For example, let's say you're familiar with greeting cards, or jewelry, or party planning. Suppose there are companies capable of leading those fields, still virtually unknown to the mainstream business investor. You can locate companies leading those fields using patents as your guide.
Why so? That's easy! So many reasons! Let's start with one: patents cost real money. Any company that believes in its new product enough to spend money, may well be worth a look.
A second reason: patents reveal what's hot in an industry long before the business world catches on. This was true of every type of technology you see today, and it pays to be ahead of the curve.
A third reason: when there are many recent patents in a given field it is a reliable indicator that the field is very profitable. Yet, the products that will be sold under those patents may be months or years away. Again, it pays to be ahead of the curve.
A fourth reason: if there is a company you plan to invest in, wouldn't you like to be sure its technology will not suddenly be overtaken by otheres or even become obsolete? Sure you would! Again, looking at the recent patents in that field will tell you who the leaders are, where they're going, and if your selected company is still in the running.
A fifth reason: patents generally tell the truth (otherwise they may be voided). You'd be surprised at the things you could find out by reading patents in any given field. You can be more confident in what you are investing, if you have considered those recent patents. And, it is good to know when to flee from an investment opportunity, even one that otherwise seems enticing.
Read more >> http://internationalpatentservice.com/A-Patent-Attorney-Talks-About-Investing.html
Thursday, May 2, 2019
United States Filled With Dozens Of Cryptocurrency-Related Trademarks This Year
By: Samantha Mitchell
The overall interest of the virtual coins is not what was witnessed in the past two years. It can’t even compare to what was recorded during the 2017 all-time high season. Some of the best companies in this space have been forced to do nothing but just rethink their strategies. For a long time, entrepreneurship in the digital asset world has been characterized by two main factors – optimism and ingenuity. However, the entrepreneurship has remained very strong in the market. This has been illustrated by the fact that a number of individuals and businesses in the country have filed for cryptocurrency-related trademarks. The new applications for crypto-related trademarks and patents has been the trend this year.
Large Companies Fascinated By The Virtual Currency Again
There was a time that established companies were fighting to apply for crypto-related trademarks and patents. One might have been tempted to think that such a time was long gone. However, as December was coming to a close, things started changing. It all began by Samsung, the South Korean electronic manufacturing guru. It opted to register the Samsung Crypto Wallet, a trademark in the United Kingdom. This trademark offered credibility to the previous rumors concerning the expected digital currency wallet integration to the yet-to-be released flagship smartphone.
Nike And Other Large Companies Are In Line, Too
Just recently, Nike, the sportswear and footwear manufacturer filed for another trademark. It was known as Cryptokicks. The application was submitted to the USPTO – The US Patent and Trademark Office on the 19th of April. It tends to cover several services and products that are related to the virtual coin. Some of the listed items refer to a marketplace for sellers and buyers of digital currency assets. It also refers to an online retail store that features clothing and footwear.
Read more >> https://icoreign.com/united-states-filled-with-dozens-of-cryptocurrency-related-trademarks-this-year/
The overall interest of the virtual coins is not what was witnessed in the past two years. It can’t even compare to what was recorded during the 2017 all-time high season. Some of the best companies in this space have been forced to do nothing but just rethink their strategies. For a long time, entrepreneurship in the digital asset world has been characterized by two main factors – optimism and ingenuity. However, the entrepreneurship has remained very strong in the market. This has been illustrated by the fact that a number of individuals and businesses in the country have filed for cryptocurrency-related trademarks. The new applications for crypto-related trademarks and patents has been the trend this year.
Large Companies Fascinated By The Virtual Currency Again
There was a time that established companies were fighting to apply for crypto-related trademarks and patents. One might have been tempted to think that such a time was long gone. However, as December was coming to a close, things started changing. It all began by Samsung, the South Korean electronic manufacturing guru. It opted to register the Samsung Crypto Wallet, a trademark in the United Kingdom. This trademark offered credibility to the previous rumors concerning the expected digital currency wallet integration to the yet-to-be released flagship smartphone.
Nike And Other Large Companies Are In Line, Too
Just recently, Nike, the sportswear and footwear manufacturer filed for another trademark. It was known as Cryptokicks. The application was submitted to the USPTO – The US Patent and Trademark Office on the 19th of April. It tends to cover several services and products that are related to the virtual coin. Some of the listed items refer to a marketplace for sellers and buyers of digital currency assets. It also refers to an online retail store that features clothing and footwear.
Read more >> https://icoreign.com/united-states-filled-with-dozens-of-cryptocurrency-related-trademarks-this-year/
Wednesday, May 1, 2019
Selling Your Patent – How Much You Can Expect
By: Michael J Foycik Jr.
Septemper 25, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Many inventors have profited from selling their patents. So how much do they get? The answers are surprising, or at least they surprised me.
Having talked with many inventors, and also having talked with many corporate patent departments, I've heard many examples. Let me give you a few general examples, based on published accounts and interviews with public speakers.
Assuming the inventor has an issued patent for an article and has sold that article through at least one retail store, there will almost certainly be corporate interest. Vendors often report new products they see when visiting retail stores, which accounts for the corporate interest. If the corporation makes an offer, it will typically be anywhere from $50 thousand to $8 million, and can be higher.
On the other hand, an inventor trying to simply market an issued patent to corporations, is likely to get anywhere from $5,000 to $35,000. This does not take into account the likelihood of a corporation making an offer. Some inventors hire a marketing service to try to interest companies; such marketing companies usually keep statistics on their success rate, which varies. I recommend that anyone considering such companies first check out their success rates.
Or, if going through a television marketing company, the numbers are different. If that company is of the type that develops and makes the products based on your patent, they may prefer to license the patent rather than buy it. The royalty rate in such a case might be $2 million per year guaranteed plus a bonus based on sales. Such agreements may be for two years, and can be longer. This all varies, of course, depending on the specific company and the nature of the product.
Here's a very typical experience based on a successful inventor who was giving a public talk at the U.S. Patent Office. He saw many inventors going to trade shows, winning prizes and drawing much interest, but typically receiving little or no actual offers. Unless, that is, the inventors could take orders and actually had products they could deliver. Such inventors typically spend a great deal attending such trade shows, so a cost-benefit calculation should be made before considering this option. In an example of a successful result, which may not be typical, a distributor may take an interest in the product and offer a royalty. Typically, such royalties are fairly small, typically between 2 and 9 per cent (though this varies), and there are no guarantees of actual sales.
Read more >> http://internationalpatentservice.com/Selling-Your-Patent-How-Much-You-Can-Expect.html
Septemper 25, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Many inventors have profited from selling their patents. So how much do they get? The answers are surprising, or at least they surprised me.
Having talked with many inventors, and also having talked with many corporate patent departments, I've heard many examples. Let me give you a few general examples, based on published accounts and interviews with public speakers.
Assuming the inventor has an issued patent for an article and has sold that article through at least one retail store, there will almost certainly be corporate interest. Vendors often report new products they see when visiting retail stores, which accounts for the corporate interest. If the corporation makes an offer, it will typically be anywhere from $50 thousand to $8 million, and can be higher.
On the other hand, an inventor trying to simply market an issued patent to corporations, is likely to get anywhere from $5,000 to $35,000. This does not take into account the likelihood of a corporation making an offer. Some inventors hire a marketing service to try to interest companies; such marketing companies usually keep statistics on their success rate, which varies. I recommend that anyone considering such companies first check out their success rates.
Or, if going through a television marketing company, the numbers are different. If that company is of the type that develops and makes the products based on your patent, they may prefer to license the patent rather than buy it. The royalty rate in such a case might be $2 million per year guaranteed plus a bonus based on sales. Such agreements may be for two years, and can be longer. This all varies, of course, depending on the specific company and the nature of the product.
Here's a very typical experience based on a successful inventor who was giving a public talk at the U.S. Patent Office. He saw many inventors going to trade shows, winning prizes and drawing much interest, but typically receiving little or no actual offers. Unless, that is, the inventors could take orders and actually had products they could deliver. Such inventors typically spend a great deal attending such trade shows, so a cost-benefit calculation should be made before considering this option. In an example of a successful result, which may not be typical, a distributor may take an interest in the product and offer a royalty. Typically, such royalties are fairly small, typically between 2 and 9 per cent (though this varies), and there are no guarantees of actual sales.
Read more >> http://internationalpatentservice.com/Selling-Your-Patent-How-Much-You-Can-Expect.html
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