By: Melinda Emerson
When you see or hear the abbreviation “IP,” it stands for Intellectual Property. IP is a key asset in a small business. Simply put, intellectual property is the ownership of concepts, processes, and ideas, as opposed to physical property which characterizes a tangible asset. IP is fast becoming the major delineator among business owners who are competing for market share and customers.
4 Basic Types of IP
There are four basic types of IP that small businesses often rely on.
> Copyrighted Material
This category encompasses everything from literary and artistic works to video and audio recordings to architectural drawings and computer code. Although copyright is the most common form of IP, it does not cover ideas or concepts unless they are written down, creatively rendered, or recorded in some other fashion. However, you can not copyright a book title unless it’s a book series. Though technically speaking, you don’t have to register a copyright in order for it to be valid, doing so is relatively inexpensive and gives you more solid legal footing should a dispute ever arise.
Read more >> https://succeedasyourownboss.com/protecting-intellectual-property-important-ever/
Monday, February 17, 2020
Thursday, February 13, 2020
U.S. Trademark Attorney Advice for Chinese Companies to Get U.S. Trademarks
By: Michael Foycik
February 14, 2020
The author is a trademark attorney in Washington DC who helps Chinese companies register their trademarks in the US. The author has over 28 years experience in trademarks, trademark applications, and trademark appeals. For further information, please email at mjfoycik@gmail.com, or call at 877-654-3336.
The following is advice from a US attorney, in the field of US Trademark law. From my work assisting companies in China with their US trademark applications, I have the following advice. This may help your company save time, effort, and money.
The main problem is when filing the wrong specimens of use, which can become costly and delay the trademark application. Correct specimens of use are required in US Trademark applications. They are required at the time of initial filing for “actual use” applications, and they are required after allowance in “intent-to-use” applications. The specimen of use should show the trademark attached to the products, or on boxes/packages that contain the products; or on a web site showing the trademark in an actual business. If a web site, ideally there will be an order page.
The description of the goods and services should be specific, as far as possible. It can start with a generic term, followed by one or more specific terms. An example is: “Exercise classes, specifically in the field of stretching and yoga.” The trademark examiner can then more easily accept the description, or alternatively suggest an acceptable version of the description, speeding up the trademark process.
Read more >> http://internationalpatentservice.com/US-Trademark-Attorney-Advice-For-Chinese-Companies-To-Get-US-Trademarks.html
February 14, 2020
The author is a trademark attorney in Washington DC who helps Chinese companies register their trademarks in the US. The author has over 28 years experience in trademarks, trademark applications, and trademark appeals. For further information, please email at mjfoycik@gmail.com, or call at 877-654-3336.
The following is advice from a US attorney, in the field of US Trademark law. From my work assisting companies in China with their US trademark applications, I have the following advice. This may help your company save time, effort, and money.
The main problem is when filing the wrong specimens of use, which can become costly and delay the trademark application. Correct specimens of use are required in US Trademark applications. They are required at the time of initial filing for “actual use” applications, and they are required after allowance in “intent-to-use” applications. The specimen of use should show the trademark attached to the products, or on boxes/packages that contain the products; or on a web site showing the trademark in an actual business. If a web site, ideally there will be an order page.
The description of the goods and services should be specific, as far as possible. It can start with a generic term, followed by one or more specific terms. An example is: “Exercise classes, specifically in the field of stretching and yoga.” The trademark examiner can then more easily accept the description, or alternatively suggest an acceptable version of the description, speeding up the trademark process.
Read more >> http://internationalpatentservice.com/US-Trademark-Attorney-Advice-For-Chinese-Companies-To-Get-US-Trademarks.html
Wednesday, February 12, 2020
An Interview with Eric Karich: Reporting Copyright, Patent and Trademark Infringements on Amazon
By: Rachel Blackburn
Who are SellerGard?
SellerGard is an offshoot of Karich & Associates, a boutique patent firm based in California, US. The program is designed to help protect Amazon sellers with trademarks and patents. Karich & Associates have over 20 years’ experience assisting with design patents, utility patents, trademarks, and research. They have prepared patents for a wide range of inventions and have extensive experience developing international protection strategies.
1. Why do trademarks matter to Amazon sellers?
Having a registered trademark is especially important to Amazon sellers because a registration allows sellers to obtain Amazon Brand Registry (ABR), which gives access to Enhanced Brand Content (EBC). EBC allows you to edit your product listing and description, as well as add multiple photos, videos, etc, which gives you quite an advantage over the countless pages of generic listings. ABR also provides a powerful “search and report” tools so that you can remove infringers and copycats quickly and easily.
Trademarks have tremendous additional value quite apart from the Amazon platform. A trademark is what enables your customers to make repeat purchases from you, recommend you to friends, etc. It is very common for unscrupulous competitors to copy your name to divert customers from you to their products, and a trademark is what enables you to stop this. Furthermore, it is critical at the start of your business to select a trademark that does not infringe anyone else, which can be disastrous.
Read more >> https://digitl.agency/2020/02/an-interview-with-eric-karich-reporting-copyright-patent-and-trademark-infringements-on-amazon/
Who are SellerGard?
SellerGard is an offshoot of Karich & Associates, a boutique patent firm based in California, US. The program is designed to help protect Amazon sellers with trademarks and patents. Karich & Associates have over 20 years’ experience assisting with design patents, utility patents, trademarks, and research. They have prepared patents for a wide range of inventions and have extensive experience developing international protection strategies.
1. Why do trademarks matter to Amazon sellers?
Having a registered trademark is especially important to Amazon sellers because a registration allows sellers to obtain Amazon Brand Registry (ABR), which gives access to Enhanced Brand Content (EBC). EBC allows you to edit your product listing and description, as well as add multiple photos, videos, etc, which gives you quite an advantage over the countless pages of generic listings. ABR also provides a powerful “search and report” tools so that you can remove infringers and copycats quickly and easily.
Trademarks have tremendous additional value quite apart from the Amazon platform. A trademark is what enables your customers to make repeat purchases from you, recommend you to friends, etc. It is very common for unscrupulous competitors to copy your name to divert customers from you to their products, and a trademark is what enables you to stop this. Furthermore, it is critical at the start of your business to select a trademark that does not infringe anyone else, which can be disastrous.
Read more >> https://digitl.agency/2020/02/an-interview-with-eric-karich-reporting-copyright-patent-and-trademark-infringements-on-amazon/
Monday, February 10, 2020
A New Startup Business: What Is Needed For Success
By: Michael J Foycik Jr.
February 11, 2020
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
So you're starting a new business, congratulations! The sky's the limit. If your new startup business is based on a new idea, a new concept, or a new invention, then you'll need something first.
What will you need for success? At least one thing: something unique that you own. The key word here is “own” and that includes intellectual property: patent rights, trademark rights, copyright rights, and trade secret rights. Otherwise, your initial success can be copied or taken by anyone.
You should have a pending application of some type. That is, unless you already have an issued patent or a registered trademark, though a startup is unlikely to have either one. What you can have is a pending application: a pending patent application, a pending trademark application, or both. For some businesses, a copyright application is needed instead of, or in addition to, a patent application.
A pending application documents ownership, as of the filing date. For patent applications, the law now is first-to-file. If you wait to file a patent application, anyone can take your idea and file on it. So be the first! If you are first, then your rights are documented by the filing of the application.
Read more >> http://internationalpatentservice.com/A-New-Startup-Business.html
February 11, 2020
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
So you're starting a new business, congratulations! The sky's the limit. If your new startup business is based on a new idea, a new concept, or a new invention, then you'll need something first.
What will you need for success? At least one thing: something unique that you own. The key word here is “own” and that includes intellectual property: patent rights, trademark rights, copyright rights, and trade secret rights. Otherwise, your initial success can be copied or taken by anyone.
You should have a pending application of some type. That is, unless you already have an issued patent or a registered trademark, though a startup is unlikely to have either one. What you can have is a pending application: a pending patent application, a pending trademark application, or both. For some businesses, a copyright application is needed instead of, or in addition to, a patent application.
A pending application documents ownership, as of the filing date. For patent applications, the law now is first-to-file. If you wait to file a patent application, anyone can take your idea and file on it. So be the first! If you are first, then your rights are documented by the filing of the application.
Read more >> http://internationalpatentservice.com/A-New-Startup-Business.html
Saturday, February 8, 2020
For Startups to Succeed, We Need STRONG Patents
By: Eb Bright
The Associated Press recently reported that despite the United States experiencing the longest economic expansion on record, new business formation has failed to return to the levels seen prior to the Great Recession of 2007-2009. What is behind this extended startup slump? Most reports cite regulatory hurdles and difficulty finding qualified workers. But there is another cause that has received far too little attention – the recent weakening of patent protections for America’s entrepreneurs.
As the President of ExploraMed, a Silicon Valley-based medical device incubator that identifies, creates and develops solutions for unmet health needs, I have seen firsthand the importance of patents to startups. For companies like the ones we have launched at ExploraMed and thousands like them, patents are the currency that drives venture investment. They incentivize risky research and development. They help attract top research and executive talent. And they facilitate the transfer of knowledge between university researchers and manufacturing companies.
If you are going to disrupt a marketplace, create an entirely new product category or leapfrog an existing technology platform, you need patent protection that is reliable and predictable. Unfortunately, we no longer have that in the United States. Through a series of court cases and harmful congressional actions, the patent system in the United States has been significantly degraded over the past decade.
Read more >> https://morningconsult.com/opinions/for-startups-to-succeed-we-need-strong-patents/
The Associated Press recently reported that despite the United States experiencing the longest economic expansion on record, new business formation has failed to return to the levels seen prior to the Great Recession of 2007-2009. What is behind this extended startup slump? Most reports cite regulatory hurdles and difficulty finding qualified workers. But there is another cause that has received far too little attention – the recent weakening of patent protections for America’s entrepreneurs.
As the President of ExploraMed, a Silicon Valley-based medical device incubator that identifies, creates and develops solutions for unmet health needs, I have seen firsthand the importance of patents to startups. For companies like the ones we have launched at ExploraMed and thousands like them, patents are the currency that drives venture investment. They incentivize risky research and development. They help attract top research and executive talent. And they facilitate the transfer of knowledge between university researchers and manufacturing companies.
If you are going to disrupt a marketplace, create an entirely new product category or leapfrog an existing technology platform, you need patent protection that is reliable and predictable. Unfortunately, we no longer have that in the United States. Through a series of court cases and harmful congressional actions, the patent system in the United States has been significantly degraded over the past decade.
Read more >> https://morningconsult.com/opinions/for-startups-to-succeed-we-need-strong-patents/
Wednesday, February 5, 2020
Now is the Time to Consider an EPO Patent Application for Coverage in European Union Countries
By: Michael J Foycik Jr.
February 6, 2020
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.
Thinking of foreign patents? Then its time to consider an EU (European) patent application!
Why now? Because the EU law is transitioning toward a single filing to cover all of the subscribing EU member countries.
Applications filed now are said to be covered by the new law when it changes, likely in 2015 or 2016. Such an application is examined, and if granted provides patent protection in all subscribing EU countries. The filing can be in any EU language, which includes English, removing the need for expensive translations.
Most companies need protection in the US, but dread the costs of filing in multiple European countries. Sure, you've heard of companies spending hundreds of thousands of dollars. But, consider that an EU application can be filed for less than USD 7500 in many cases, including attorneys fees and government filing fees. Design patent applications are even less.
Read more >> http://internationalpatentservice.com/Now-is-the-Time-to-Consider-an-EPO-Patent-Application-for-Coverage-in-European-Union-Countries.html
February 6, 2020
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.
Thinking of foreign patents? Then its time to consider an EU (European) patent application!
Why now? Because the EU law is transitioning toward a single filing to cover all of the subscribing EU member countries.
Applications filed now are said to be covered by the new law when it changes, likely in 2015 or 2016. Such an application is examined, and if granted provides patent protection in all subscribing EU countries. The filing can be in any EU language, which includes English, removing the need for expensive translations.
Most companies need protection in the US, but dread the costs of filing in multiple European countries. Sure, you've heard of companies spending hundreds of thousands of dollars. But, consider that an EU application can be filed for less than USD 7500 in many cases, including attorneys fees and government filing fees. Design patent applications are even less.
Read more >> http://internationalpatentservice.com/Now-is-the-Time-to-Consider-an-EPO-Patent-Application-for-Coverage-in-European-Union-Countries.html
Monday, February 3, 2020
IP-rimer: A Basic Explanation of Intellectual Property
By: Will Frank
Part I: IP-troduction
Maybe it’s a matter of knowledge bias, but I usually wince when I see a discussion of intellectual property online. At best, people make mistakes. Only natural, nobody’s perfect, but we can strive. At worst, people completely misunderstand every aspect of the topic. And this is a topic that comes up a lot online, after all.
So I thought I’d set the record straight with a set of essays discussing the topic, in a hopefully entertaining fashion, to improve understanding.
My Credentials
I am a lawyer, licensed in New York State in the U.S.A., and my work focuses on intellectual property. I have a background in computer programming, and during college I got interested in the intersection of law and technology (and found out I didn’t really like coding that much) and decided to pursue a career in law. I’ve interned for the Electronic Frontier Foundation, the Creative Commons, and the New York Civil Liberties Union focusing on technology issues. I currently work in a boutique (read: specialist) intellectual property law firm in New York City.
Read more >> https://medium.com/@scifantasy/ip-rimer-a-basic-explanation-of-intellectual-property-9be6f0ce6711
Part I: IP-troduction
Maybe it’s a matter of knowledge bias, but I usually wince when I see a discussion of intellectual property online. At best, people make mistakes. Only natural, nobody’s perfect, but we can strive. At worst, people completely misunderstand every aspect of the topic. And this is a topic that comes up a lot online, after all.
So I thought I’d set the record straight with a set of essays discussing the topic, in a hopefully entertaining fashion, to improve understanding.
My Credentials
I am a lawyer, licensed in New York State in the U.S.A., and my work focuses on intellectual property. I have a background in computer programming, and during college I got interested in the intersection of law and technology (and found out I didn’t really like coding that much) and decided to pursue a career in law. I’ve interned for the Electronic Frontier Foundation, the Creative Commons, and the New York Civil Liberties Union focusing on technology issues. I currently work in a boutique (read: specialist) intellectual property law firm in New York City.
Read more >> https://medium.com/@scifantasy/ip-rimer-a-basic-explanation-of-intellectual-property-9be6f0ce6711
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