By: Eric Sandy
Following the passage of the 2018 Farm Bill and the legalization of hemp in the U.S., federal agencies are beginning to line up their regulatory approach to this burgeoning industry. The U.S. Department of Agriculture (USDA) is preparing its guardrails for state-sanctioned hemp programs, and, now, the United States Patent and Trademark Office (USPTO) has clarified how it will handle trademarks for hemp businesses.
In short, hemp businesses (including plant-touching businesses) are able to apply for trademark registration—as long as their business falls outside the Food and Drug Administration’s (FDA) regulations of hemp-derived CBD as a food or beverage ingredient. The FDA oversight is part of a broad gray area still in need of clarification post-Farm Bill.
For now, many hemp businesses have a shot at claiming their mark.
“We’ve been waiting since the Farm Bill was passed on how that would impact the trademarks used in connection with these particular products and services,” said David Gold, intellectual property litigation attorney at Cole Schotz.
The USPTO, which oversees patents and trademarks, splits its approach to controlled substances in the U.S. The patents office will work with companies that are using federally controlled substances, like whole-plant cannabis (and especially THC). The trademark office, however, will not work with those companies.
Read more >> https://www.cannabisbusinesstimes.com/article/united-states-patent-trademark-office-hemp-businesses/
Sunday, June 9, 2019
Thursday, June 6, 2019
How to Patent a Business Method
By: Michael J Foycik Jr.
June 7, 2019
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 business method
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.
A business method cannot be copyrighted, but it can sometimes be patented. Specifically, the inventive steps of certain business methods can be patented, and because of this the patent can provide protection far beyond just the specific business method language used.
First, a drawing is made showing the most important steps of the business method as a flowchart diagram. It is usually not necessary to give every detail of the operation of the business method; instead, the main features should be illustrated. The business method should be protected by a utility patent application, since that will cover any type of business method language. This is also sometimes called a “regular” patent application. The business method steps can be explained in words and by the flowchart drawings.
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 business method is used. The simplest business method already in the public domain would be a lottery. Here, tickets are sold, and based on predetermined or later-determined criteria such as the drawing of numbers, determines winning tickets. 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. These steps would be shown in a simple flowchart.
Next, a claim is added to describe the invention broadly, such as the following: Claim 1: A method for selling tickets and awarding prizes, comprising the steps of: selling tickets with indicia thereon; matching the indicia with predetermined or later-determined criteria such as the drawing of numbers to determine winning tickets; and awarding prizes to winning tickets
Read more >> http://internationalpatentservice.com/How-to-Patent-a-Business-Method.html
June 7, 2019
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 business method
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.
A business method cannot be copyrighted, but it can sometimes be patented. Specifically, the inventive steps of certain business methods can be patented, and because of this the patent can provide protection far beyond just the specific business method language used.
First, a drawing is made showing the most important steps of the business method as a flowchart diagram. It is usually not necessary to give every detail of the operation of the business method; instead, the main features should be illustrated. The business method should be protected by a utility patent application, since that will cover any type of business method language. This is also sometimes called a “regular” patent application. The business method steps can be explained in words and by the flowchart drawings.
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 business method is used. The simplest business method already in the public domain would be a lottery. Here, tickets are sold, and based on predetermined or later-determined criteria such as the drawing of numbers, determines winning tickets. 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. These steps would be shown in a simple flowchart.
Next, a claim is added to describe the invention broadly, such as the following: Claim 1: A method for selling tickets and awarding prizes, comprising the steps of: selling tickets with indicia thereon; matching the indicia with predetermined or later-determined criteria such as the drawing of numbers to determine winning tickets; and awarding prizes to winning tickets
Read more >> http://internationalpatentservice.com/How-to-Patent-a-Business-Method.html
Wednesday, June 5, 2019
Startup India initiative created over 560,000 jobs since 2016, says govt
By: Subhayan Chakraborty
The Startup India initiative has created an estimated 187,004 direct jobs since its inception in 2016, with the number of related indirect jobs taking the total tally to more than 560,000, the government has claimed.
“Start-ups create valuable jobs. 187,004 jobs have been reported by 16,105 Department for Promotion of Industry and Internal Trade (DPIIT)-recognised start-ups, i.e., more than 11 direct jobs per start-up. With each direct job leading to 3x indirect jobs, the total jobs created by these start-ups are estimated at more than 560,000,” Ramesh Abhishek, DPIIT secretary, said on Tuesday.
However, the figures are self-reported by start-ups and not verified by the government. This job growth has come at a rough cost of more than Rs 2,500 crore disbursed by the government to fund start-ups.
In 2016, the Centre had established a Rs 10,000-crore fund of funds under the Small Industries Development Bank of India (Sidbi) to meet the financial needs of start-ups.
ALSO READ: Govt slashes Startup India kitty to Rs 25 cr; Make in India gets more money
“From the fund of funds, Sidbi has committed Rs 2,570 crore to 45 venture funds, catalysing investments of more than Rs 25,000 crore. 244 start-ups have received funding of Rs 1,561 crore,” Abhishek tweeted.
Abhishek’s comments assume significance as the Narendra Modi government has received criticism for not being able to shore up employment. Last week, the first periodic labour force survey officially showed the unemployment rate at a 45-year-high of 6.1 per cent in 2017-18.
Read more >> https://www.business-standard.com/article/economy-policy/startup-india-initiative-created-over-560-000-jobs-since-2016-says-govt-119060401491_1.html
The Startup India initiative has created an estimated 187,004 direct jobs since its inception in 2016, with the number of related indirect jobs taking the total tally to more than 560,000, the government has claimed.
“Start-ups create valuable jobs. 187,004 jobs have been reported by 16,105 Department for Promotion of Industry and Internal Trade (DPIIT)-recognised start-ups, i.e., more than 11 direct jobs per start-up. With each direct job leading to 3x indirect jobs, the total jobs created by these start-ups are estimated at more than 560,000,” Ramesh Abhishek, DPIIT secretary, said on Tuesday.
However, the figures are self-reported by start-ups and not verified by the government. This job growth has come at a rough cost of more than Rs 2,500 crore disbursed by the government to fund start-ups.
In 2016, the Centre had established a Rs 10,000-crore fund of funds under the Small Industries Development Bank of India (Sidbi) to meet the financial needs of start-ups.
ALSO READ: Govt slashes Startup India kitty to Rs 25 cr; Make in India gets more money
“From the fund of funds, Sidbi has committed Rs 2,570 crore to 45 venture funds, catalysing investments of more than Rs 25,000 crore. 244 start-ups have received funding of Rs 1,561 crore,” Abhishek tweeted.
Abhishek’s comments assume significance as the Narendra Modi government has received criticism for not being able to shore up employment. Last week, the first periodic labour force survey officially showed the unemployment rate at a 45-year-high of 6.1 per cent in 2017-18.
Read more >> https://www.business-standard.com/article/economy-policy/startup-india-initiative-created-over-560-000-jobs-since-2016-says-govt-119060401491_1.html
Tuesday, June 4, 2019
How to Patent a Plant Species
By: Michael J Foycik Jr.
June 5, 2019
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 plant species
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.
This is very rare, but can be done! The inventive species is identified.
First, a drawing is made showing the inventive species. This is best done by a color photograph.
A claim or claims and an abstract would be added. And, standard text is 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.
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.
The drawings may or may not be accepted as filed. If not accepted, the US Patent Office sends a notice, and sets a time period for submitting the formal drawings. A specially skilled draftsman normally prepares the formal drawings, since the US Patent Office has very specific and detailed requirements for the drawings. We work with a skilled patent draftsman, to provide the formal drawings.
The application is examined by the US Patent Office. If granted, the application matures into a plant patent. A granted plant patent can be enforced in court, and it can be assigned and licensed too.
Read more >> http://internationalpatentservice.com/How-to-Patent-a-Plant-Species.html
June 5, 2019
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 plant species
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.
This is very rare, but can be done! The inventive species is identified.
First, a drawing is made showing the inventive species. This is best done by a color photograph.
A claim or claims and an abstract would be added. And, standard text is 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.
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.
The drawings may or may not be accepted as filed. If not accepted, the US Patent Office sends a notice, and sets a time period for submitting the formal drawings. A specially skilled draftsman normally prepares the formal drawings, since the US Patent Office has very specific and detailed requirements for the drawings. We work with a skilled patent draftsman, to provide the formal drawings.
The application is examined by the US Patent Office. If granted, the application matures into a plant patent. A granted plant patent can be enforced in court, and it can be assigned and licensed too.
Read more >> http://internationalpatentservice.com/How-to-Patent-a-Plant-Species.html
Monday, June 3, 2019
Intellectual property strategies for startups
By: Benjamin Lehberger
Intellectual property protection is an important consideration for most startups. Obtaining intellectual property protection, such as patents, can minimize competition and act as a defensive mechanism against infringement claims from others. Intellectual property also can attract or solidify funding and partnerships. In formulating an intellectual property strategy for your startup, consider the following.
File early, and keep quiet
Your time to file for patent protection is limited and patents should be contemplated early on in development. In the United States, an inventor has a one-year “grace period” from first publicizing an invention to filing for patent protection, after which it is too late. However, you should not wait even that long. In 2013, the U.S. patent system switched from a first-to-invent to a first-inventor-to-file system. This subtle difference in terminology could mean dire consequences for those who delay seeking patent protection.
Under the old first-to-invent system, you could be the first to conceive of an invention and still obtain patent rights over an earlier filer by showing that you conceived first and continued to diligently work on your invention. Today, it is a race to the patent office. Regardless of who conceived of the invention first, the first one to file their patent application “wins.”
Read more >> https://techcrunch.com/2016/10/31/intellectual-property-strategies-for-startups/
Intellectual property protection is an important consideration for most startups. Obtaining intellectual property protection, such as patents, can minimize competition and act as a defensive mechanism against infringement claims from others. Intellectual property also can attract or solidify funding and partnerships. In formulating an intellectual property strategy for your startup, consider the following.
File early, and keep quiet
Your time to file for patent protection is limited and patents should be contemplated early on in development. In the United States, an inventor has a one-year “grace period” from first publicizing an invention to filing for patent protection, after which it is too late. However, you should not wait even that long. In 2013, the U.S. patent system switched from a first-to-invent to a first-inventor-to-file system. This subtle difference in terminology could mean dire consequences for those who delay seeking patent protection.
Under the old first-to-invent system, you could be the first to conceive of an invention and still obtain patent rights over an earlier filer by showing that you conceived first and continued to diligently work on your invention. Today, it is a race to the patent office. Regardless of who conceived of the invention first, the first one to file their patent application “wins.”
Read more >> https://techcrunch.com/2016/10/31/intellectual-property-strategies-for-startups/
Sunday, June 2, 2019
How to Patent a Provisional Patent Application
By: Michael J Foycik Jr.
June 3, 2019
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 provisional patent application
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.
A slightly better title would be “How to Get a Provisional Patent Application.“ That would be more correct, as explained below. It is easy to get a provisional patent application, which gives “patent pending” status but cannot in itself be “patented.” Instead, a provisional patent application holds the date (as the date of filing), protects the owner against later copiers, and permits later filing of a utility (“regular”) patent application.
Why get a Provisional Patent Application? It is less costly, and has a lower government filing fee, as compared with a utility patent application. It takes less effort to prepare, and needs no formal drawings and no signed Declaration.
Anything can be the subject of a provisional patent application. It provides defensive protection against later imitators. And, it can be the basis of a later utility patent application. It’s very useful to get a provisional patent application!
So what's the catch? The catch is, the provisional patent application lasts for only one year, after which the idea belongs to the public unless a utility patent application has been filed during that year.
So why file a Provisional Patent Application? If you are publishing the invention or showing it to potential investors or distributors or at a trade show, then a Provisional Patent Application will secure the date of filing, and can protect you against later imitators. How can it protect? It would prevent a competitor from copying your idea and patenting it themselves, then using the patent against you. Yes, that really happens sometimes! And, if the provisional application is followed up within one year by a utility patent application that issues as a patent, then it would allow you to seek damages in court.
Do you need to wait for a patent to issue before commercializing your invention? No, not at all! In fact, a pending patent application can be even more valuable than an issued patent in some cases, and a pending provisional patent application can be sold, assigned, or licensed.
Read more >> http://internationalpatentservice.com/How-to-Patent-a-Provisional-Patent-Application.html
June 3, 2019
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 provisional patent application
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.
A slightly better title would be “How to Get a Provisional Patent Application.“ That would be more correct, as explained below. It is easy to get a provisional patent application, which gives “patent pending” status but cannot in itself be “patented.” Instead, a provisional patent application holds the date (as the date of filing), protects the owner against later copiers, and permits later filing of a utility (“regular”) patent application.
Why get a Provisional Patent Application? It is less costly, and has a lower government filing fee, as compared with a utility patent application. It takes less effort to prepare, and needs no formal drawings and no signed Declaration.
Anything can be the subject of a provisional patent application. It provides defensive protection against later imitators. And, it can be the basis of a later utility patent application. It’s very useful to get a provisional patent application!
So what's the catch? The catch is, the provisional patent application lasts for only one year, after which the idea belongs to the public unless a utility patent application has been filed during that year.
So why file a Provisional Patent Application? If you are publishing the invention or showing it to potential investors or distributors or at a trade show, then a Provisional Patent Application will secure the date of filing, and can protect you against later imitators. How can it protect? It would prevent a competitor from copying your idea and patenting it themselves, then using the patent against you. Yes, that really happens sometimes! And, if the provisional application is followed up within one year by a utility patent application that issues as a patent, then it would allow you to seek damages in court.
Do you need to wait for a patent to issue before commercializing your invention? No, not at all! In fact, a pending patent application can be even more valuable than an issued patent in some cases, and a pending provisional patent application can be sold, assigned, or licensed.
Read more >> http://internationalpatentservice.com/How-to-Patent-a-Provisional-Patent-Application.html
Saturday, June 1, 2019
How to determine the Value of Your Intellectual Property
By: Josh Biggs
There is an ever-growing shift toward the knowledge-based economy and intellectual property rights are increasingly understood as supporting and promoting economic growth. In such a climate, businesses that base their operations on intangible assets and innovation need to be cognizant about legally protecting and capitalizing on these investments.
Registered and granted intellectual property rights, such as granted patents, trademark registrations, and copyright registrations, which are acquired by application to intellectual property offices, provide legal evidence of ownership over intangible assets as well as give businesses the right to exclude others from use of these rights. This allows businesses to protect their intellectual property from use by competitors and provides businesses with an asset which can be profitably licensed or sold.
Why it’s so important?
Intellectual property valuation can help businesses determine the true value of their intangible assets and capitalize on their investments in innovation. For example, assessing the value of patent, trademark or copyright rights may simplify the licensing or assignment process by helping businesses determine the royalty rates that should be paid as a result of others using their intellectual property. Further, valuation of intellectual property, if not currently accounted for, assigns value to a business and may provide a business with collateral for loans or mortgages. For new businesses, an accurate and substantiated valuation of intellectual property assets is likely to increase outside investment into the venture.
Valuation methods
The value of an intellectual property can be determined by many factors, but the overarching principle guiding valuation is how much of a competitive advantage over others in the industry your intellectual property provides. When determining the worth of intellectual property, two methods of valuation have traditionally been used – quantitative and qualitative valuation.
Read more >> https://www.meldium.com/how-to-determine-the-value-of-your-intellectual-property/
There is an ever-growing shift toward the knowledge-based economy and intellectual property rights are increasingly understood as supporting and promoting economic growth. In such a climate, businesses that base their operations on intangible assets and innovation need to be cognizant about legally protecting and capitalizing on these investments.
Registered and granted intellectual property rights, such as granted patents, trademark registrations, and copyright registrations, which are acquired by application to intellectual property offices, provide legal evidence of ownership over intangible assets as well as give businesses the right to exclude others from use of these rights. This allows businesses to protect their intellectual property from use by competitors and provides businesses with an asset which can be profitably licensed or sold.
Why it’s so important?
Intellectual property valuation can help businesses determine the true value of their intangible assets and capitalize on their investments in innovation. For example, assessing the value of patent, trademark or copyright rights may simplify the licensing or assignment process by helping businesses determine the royalty rates that should be paid as a result of others using their intellectual property. Further, valuation of intellectual property, if not currently accounted for, assigns value to a business and may provide a business with collateral for loans or mortgages. For new businesses, an accurate and substantiated valuation of intellectual property assets is likely to increase outside investment into the venture.
Valuation methods
The value of an intellectual property can be determined by many factors, but the overarching principle guiding valuation is how much of a competitive advantage over others in the industry your intellectual property provides. When determining the worth of intellectual property, two methods of valuation have traditionally been used – quantitative and qualitative valuation.
Read more >> https://www.meldium.com/how-to-determine-the-value-of-your-intellectual-property/
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