By: TONY PAGÁN, JR.
AS TECHNOLOGY evolves, so does our use of interesting and amusing terms for common technological trends. One such term is “trolling.” Often used to describe people who are purposely obnoxious or contrarian, “trolling” holds different meanings in the realm of intellectual property. While you may already be familiar with terms such as “copyright trolls” and “patent trolls,” you may not have heard of a less popular but ever-growing third, commonly referred to as the “trademark troll.” Unlike traditional trolling, which may be annoying and typically intended to harass or embarrass, trademark trolling can have serious legal consequences — and cost businesses a great deal of revenue in litigation costs.
What are Trademark Trolls?
A trademark troll is sometimes defined as someone who registers a trademark (or copyright) without any actual intention to use it. Some trolls scan the Internet for startup companies, new industries, and Kickstarter campaigns for names or concepts that may be worth money later on. Their intention is not to use the trademark, but sit on it and wait for someone else—preferably, a large company with deep pockets—to do so. The troll then might then send a written demand or file a lawsuit against the larger company for usage of the trademark.
A big issue with this “business plan,” however, is that, if the troll does not actually use the registered mark, it may not legally prevail against the larger company because the mere registration with the United States Patent and Trademark Office does not create a monopoly over that mark. To secure trademark protection, the mark must be actually used in commerce via the sale of a good or service. That said, in the digital age where a business can be created by simply creating a website with a secure payment method, actual “use” of a trademark in commerce is no longer the unambiguous benchmark it used to be.
Another common maneuver used by trademark trolls involves attempting to register a trademark that is overly broad. For example, a few years ago, the maker of the phone app Candy Crush, King Digital Entertainment PLC, sought to trademark the word “candy,” a hugely broad term. Surely Candy Crush has the right to protect its intellectual property and prevent knockoffs; but is restricting every other app developer from putting the word “candy” in its name a legitimate use of intellectual property rights? Or will such an overbroad enforcement of trademark rights inevitably lead to “crushing” the competition?
Unfortunately for King Digital, which also sought to trademark the word “saga” as it related to digital puzzle games, the public wasn’t too sweet on the idea. After the digital community expressed concern over the potentially overbroad enforcement of such a trademark, King withdrew its trademark application for the words “candy” and “saga.” However, this withdrawal does not affect a trademark King Digital holds in Europe for the word “candy.” So, for at least the time being, the makers of “Candy Land” and “Bubble Saga” could breathe a sigh of relief about the development and sale of their digital games in the United States.
Another example — though one of patent trolling — is Amazon.com, which received a patent on taking pictures of objects in front of a white background. Of course, an untold number of websites do just this, as it is a basic concept of photography. What made this patent application different from the rest is the specific technique and lighting placement Amazon.com uses to create a “seamless” white backdrop. This technique eliminates the need for additional retouching or adjustments, thus saving both time and money. Yet, from a layman’s perspective, nothing about the new method described by Amazon.com in its patent was clearly proprietary or different enough to warrant patent protection. Taking a photo against a white background is obvious; obvious enough that Amazon.com couldn’t possibly be able to overcome the obviousness requirement set forth by the US Supreme Court for new patents. Yet, the simple fact remained that no other patent had previously articulated the exact “4.5-5.5 distance ratio” contained in Amazon.com’s patent application, and as a result, Amazon.com was awarded its patent.
While Amazon.com currently holds the patent for “seamless” white backdrop photography, it should be noted that enforcement of the patent is nearly impossible. In order for Amazon.com to have grounds for litigation, infringing photographers and studios would literally have to disclose that they are copying Amazon.com’s technique and such a gratuitous disclosure would appear unlikely. Nevertheless, the actions of Amazon.com help highlight the questionable business practices currently taking place in the realm of intellectual property.
Why Trolling Exists
These forms of trolling, like many other nuisance-based endeavors, exist in part simply because there is money to be made in exploiting the vulnerabilities of the written law. However, trademark owners will argue that the reasons for their actions are to protect their brand. Regardless, trademark trolling can become a lucrative endeavor due to the fact that companies would prefer to settle such cases outside of court rather than litigate them publically. Moreover, intellectual property trolls sometimes register copyrights or trademarks overseas, where some businesses have not yet thought to register. As a result, when those businesses get bigger and go international, they may find that, while they have rights in the United States, they may have to pay the trolls healthy sums to get the rights to their names or designs overseas.
On one hand, if your business involves a brand, it is probably a good idea to register that brand as a trademark or service mark with the United States Patent and Trademark Office and take concrete steps to protect it. From a different perspective, if you are an upstart business developing your brand, you may not even be aware of the fact that seemingly ubiquitous terms, designs, or looks may be substantially similar to existing registered marks. Leaving you vulnerable to potential infringement claims.
Intellectual property can be a legally complex world. Make sure you are protected and that know how to fight back if you are being infringed upon. The firm of Cynthia Conlin & Associates have experienced lawyers who may be able to help you with your trademark or copyright infringement questions. Contact our Orlando attorneys today at 407-965-5519.
Source >> http://conlinpa.com/2018/01/01/trademark-trolls-trolling-trademarks-intellectual-property/
Tuesday, January 2, 2018
Eureka Park Preview: PatentDive Is Helping Startups With Patents
By: Kyle
Inventors, Startups and Entrepreneurs Will Love PatentDive
Going through the hoops for a patent can be a very grueling process. But in today’s world, if you’re creating anything you want to bring to market, it’s a necessary evil. Inventors and startup founders who’ve tried to navigate the system on their own have often left themselves unprotected. Not any longer if New Orleans based PatentDive has anything to do with it.
Dr. Eric Leininger is a USPTO registered patent agent who has been through the hoops and hurdles of the US Patent process for years. The patenting process is tough to understand, even for patent attorneys. Even PhDs like Leininger have had trouble navigating the process.
For many, their first patent requires reams of paper work, and constant back and forth requests, by mail nonetheless, from the US Patent and Trademark Office (USPTO). This makes the process tedious and time consuming. That time, for many entrepreneurs, could be better spent on product development and getting their products to market.
While helping startups and entrepreneurs prepare patent applications, Leininger realized that not only was the process difficult, but it was also difficult for entrepreneurs and startup founders to effectively communicate about their invention. That’s why he developed PatentDive.
PatentDive is a software that helps facilitate better communication, which speeds up and helps alleviate the pain of the patent preparation process. The company offers “Dive School” a 10 week program with interactive learning through games and videos that will help founders, inventors and entrepreneurs drafter their first patent application.
PatentDive starts with an easy to understand assessment of what kind of patent an entrepreneur may need. Their are two categories, Appearance and Functionality. The platform explains that appearance dictates a design patent to protect the appearance and shape. If it’s functionality the startup is looking to protect, PatentDive points you towards a utility patent.
From there, PatentDive takes the user to a patent application engine. The Patent Application Builder, guides entrepreneurs and startup founders through each step of the design patent application process. The application builder gives instructions and answers questions along the way. The company suggests that most design patents can be done in under an hour.
They also offer a knowledge base patent education platform that answers questions thoroughly and in terms that most people can understand.
While there are many people and companies out there that claim to be able to help with patents, PatentDive is definitely a trusted source to go with. The New Orleans based startup, raised a new round of funding over the summer, led by the Catalyst Fund.
“The importance of securing patent protection on an invention cannot be overstated, but the traditional patent process is so complicated, expensive and time consuming that it is often dismissed by many entrepreneurs, “Louis Freeman, CEO of The Catalyst Fund told the New Orleans Advocate.
PatentDive will be in Eureka Park at CES 2018 in Las Vegas, January 9-12th, booth #50322 you can also check them out online at patentdive.com
Source >> http://www.nibletz.com/eureka-park/patentdive-startup
Inventors, Startups and Entrepreneurs Will Love PatentDive
Going through the hoops for a patent can be a very grueling process. But in today’s world, if you’re creating anything you want to bring to market, it’s a necessary evil. Inventors and startup founders who’ve tried to navigate the system on their own have often left themselves unprotected. Not any longer if New Orleans based PatentDive has anything to do with it.
Dr. Eric Leininger is a USPTO registered patent agent who has been through the hoops and hurdles of the US Patent process for years. The patenting process is tough to understand, even for patent attorneys. Even PhDs like Leininger have had trouble navigating the process.
For many, their first patent requires reams of paper work, and constant back and forth requests, by mail nonetheless, from the US Patent and Trademark Office (USPTO). This makes the process tedious and time consuming. That time, for many entrepreneurs, could be better spent on product development and getting their products to market.
While helping startups and entrepreneurs prepare patent applications, Leininger realized that not only was the process difficult, but it was also difficult for entrepreneurs and startup founders to effectively communicate about their invention. That’s why he developed PatentDive.
PatentDive is a software that helps facilitate better communication, which speeds up and helps alleviate the pain of the patent preparation process. The company offers “Dive School” a 10 week program with interactive learning through games and videos that will help founders, inventors and entrepreneurs drafter their first patent application.
PatentDive starts with an easy to understand assessment of what kind of patent an entrepreneur may need. Their are two categories, Appearance and Functionality. The platform explains that appearance dictates a design patent to protect the appearance and shape. If it’s functionality the startup is looking to protect, PatentDive points you towards a utility patent.
From there, PatentDive takes the user to a patent application engine. The Patent Application Builder, guides entrepreneurs and startup founders through each step of the design patent application process. The application builder gives instructions and answers questions along the way. The company suggests that most design patents can be done in under an hour.
They also offer a knowledge base patent education platform that answers questions thoroughly and in terms that most people can understand.
While there are many people and companies out there that claim to be able to help with patents, PatentDive is definitely a trusted source to go with. The New Orleans based startup, raised a new round of funding over the summer, led by the Catalyst Fund.
“The importance of securing patent protection on an invention cannot be overstated, but the traditional patent process is so complicated, expensive and time consuming that it is often dismissed by many entrepreneurs, “Louis Freeman, CEO of The Catalyst Fund told the New Orleans Advocate.
PatentDive will be in Eureka Park at CES 2018 in Las Vegas, January 9-12th, booth #50322 you can also check them out online at patentdive.com
Source >> http://www.nibletz.com/eureka-park/patentdive-startup
Monday, January 1, 2018
India's Startups Are Filing More Patents Than Ever Before -- Here's Why
By: Sindhuja Balaji
Abhishek Satish and Adarsh Warrier were students pursuing engineering in the south Indian town of Vellore when they founded Vicara - a startup that develops wearable technology devices. Soon after, Satish and Warrier filed a patent for a gesture recognition device they'd created called Kai. “When we created the technology, we knew there would be competition. It doesn’t take long for someone to copy your work and pass it off as theirs. For a hardware startup, a patent serves as a form of insurance,” says Satish.
Despite being common practice in other parts of the world, the importance of filing patents has only just become apparent to young startups in India, as the country increasingly moves towards becoming an innovation hub in Asia. Moreover, the Indian government has begun offering incentives to encourage innovators to file patents, including attractive tax rebates and speedy documentation processing.
Tackling Rising Costs
One of the most significant factors that keep startups from filing patents is cost. Filing a patent in India involves a pre-filing cost priced between $920 and $1530, a first-action cost of up to $2300 followed by a patent maintenance cost of another $2300. The collective fee of filing a patent can be a burden on several early-stage startups so private IP firms are helping startups manage these costs.
Bangalore-based BananaIP is one such firm that bears the expenses of patent filing for select startups. In addition, if a startup offers equity, BananaIP also takes care of a nominal patent filing fee to be paid to the government. Dr. Kalyan C Kankanala, senior partner and chief IP attorney at BananaIP, says, “Several startups don’t prioritize patent filing as an early stage activity. It’s important for them to understand that once an idea or product goes public, the possibility of acquiring a patent is lost under most circumstances.”
Startups Seize Patent Filing Opportunities
Vicara’s Satish and his cofounder started off by approaching IP Dome Strategy Advisors, a Chennai-based law firm that assists startups with filing patents. While anyone can file a patent, it is recommended to seek the help of IP law firms, which conduct patentability analysis to verify the authenticity of an idea and suggest amendments in patent documents. Based on findings by the Indian Patent Office, the process of filing patents in India has improved of late. Applications went up by 10% last year compared to the year before, and growth has been credited to the improvement of online services, availability of IP specialists across the country as well as the incentives provided for startups under the government’s Startup India initiative.
IP Dome has been supporting the government’s Make In India initiative by educating startups on the value of intellectual property, as well as the strategic use of intellectual property to gain a competitive advantage in the global marketplace. Swapna Sundar, CEO of IP Dome Strategy Advisors, says, “An increasing number of product startups in India are embracing the need for filing patents at an early stage of product development, which is very sensible. The Indian government’s Startup India initiative is creating awareness towards minimizing legal risk against IP infringement.”
Startups Receive Incentives For Filing Patents
The rising awareness around patent filing is having a positive impact as more startups are investing in onboarding good IP lawyers at initial stages of commercialization of their product. Kankanala says, “About five years ago, we would do about five to six patent filings a year. This year, we have already filed about 20 patents for startups, and expect more.” Sundar stated that IP Dome is witnessing an increased growth in IP awareness as well as filings this year. “We have helped around 35 startups in building successful IP portfolios for their businesses,” she said.
In addition, the government’s Startup India initiative provides a slew of benefits to Indian startups, which includes an 80% rebate on patent filing. Application fees for startups to file patents has been reduced to just $25. The Indian government has introduced mechanisms for speedy processing of patent applications, and it’s now possible to acquire a patent in India within a year of its filing. Unlike earlier, the Indian Patent Office is processing foreign filing permits quickly, with which Indian startups can now file patents overseas.
Lawyers recommend startups file a patent application in India first as it is cost-effective and provides priority rights for international filings. Once a patent application is filed in India, the startup can either file directly or opt for a Patent Cooperation Treaty (PCT), which provides international patent protection. "Opting for a PCT grants the startup at least thirty months to perfect the product, test the market, and/or raise funds to file in other countries," says Kankanala.
Protected Ideas Lead To High Investor Confidence
The eagerness to file patents has also led to improved investor confidence. Having seen both the sides of the ecosystem, Sateesh Andra, an entrepreneur-turned-venture capitalist with Endiya Partners believes that patent filing is an integral part of the overall product strategy as benefits outweigh the timelines and costs involved. The owner of multiple patents himself, Andra says, "As startups go global, how quickly you go to the market is paramount. Entrepreneurs must be aggressive in their market outreach plan as patent filing not only increases the credibility when they scale but also bolsters investor support."
As awareness around patent filings and quality of legal assistance improves, startups can now push the boundaries of innovation and creativity in India, establishing new benchmarks in the fast-growing ecosystem.
Source >> https://www.forbes.com/sites/sindhujabalaji/2017/10/16/indias-startups-are-filing-more-patents-than-ever-before-heres-why/#fab157569f57
Abhishek Satish and Adarsh Warrier were students pursuing engineering in the south Indian town of Vellore when they founded Vicara - a startup that develops wearable technology devices. Soon after, Satish and Warrier filed a patent for a gesture recognition device they'd created called Kai. “When we created the technology, we knew there would be competition. It doesn’t take long for someone to copy your work and pass it off as theirs. For a hardware startup, a patent serves as a form of insurance,” says Satish.
Despite being common practice in other parts of the world, the importance of filing patents has only just become apparent to young startups in India, as the country increasingly moves towards becoming an innovation hub in Asia. Moreover, the Indian government has begun offering incentives to encourage innovators to file patents, including attractive tax rebates and speedy documentation processing.
Tackling Rising Costs
One of the most significant factors that keep startups from filing patents is cost. Filing a patent in India involves a pre-filing cost priced between $920 and $1530, a first-action cost of up to $2300 followed by a patent maintenance cost of another $2300. The collective fee of filing a patent can be a burden on several early-stage startups so private IP firms are helping startups manage these costs.
Bangalore-based BananaIP is one such firm that bears the expenses of patent filing for select startups. In addition, if a startup offers equity, BananaIP also takes care of a nominal patent filing fee to be paid to the government. Dr. Kalyan C Kankanala, senior partner and chief IP attorney at BananaIP, says, “Several startups don’t prioritize patent filing as an early stage activity. It’s important for them to understand that once an idea or product goes public, the possibility of acquiring a patent is lost under most circumstances.”
Startups Seize Patent Filing Opportunities
Vicara’s Satish and his cofounder started off by approaching IP Dome Strategy Advisors, a Chennai-based law firm that assists startups with filing patents. While anyone can file a patent, it is recommended to seek the help of IP law firms, which conduct patentability analysis to verify the authenticity of an idea and suggest amendments in patent documents. Based on findings by the Indian Patent Office, the process of filing patents in India has improved of late. Applications went up by 10% last year compared to the year before, and growth has been credited to the improvement of online services, availability of IP specialists across the country as well as the incentives provided for startups under the government’s Startup India initiative.
IP Dome has been supporting the government’s Make In India initiative by educating startups on the value of intellectual property, as well as the strategic use of intellectual property to gain a competitive advantage in the global marketplace. Swapna Sundar, CEO of IP Dome Strategy Advisors, says, “An increasing number of product startups in India are embracing the need for filing patents at an early stage of product development, which is very sensible. The Indian government’s Startup India initiative is creating awareness towards minimizing legal risk against IP infringement.”
Startups Receive Incentives For Filing Patents
The rising awareness around patent filing is having a positive impact as more startups are investing in onboarding good IP lawyers at initial stages of commercialization of their product. Kankanala says, “About five years ago, we would do about five to six patent filings a year. This year, we have already filed about 20 patents for startups, and expect more.” Sundar stated that IP Dome is witnessing an increased growth in IP awareness as well as filings this year. “We have helped around 35 startups in building successful IP portfolios for their businesses,” she said.
In addition, the government’s Startup India initiative provides a slew of benefits to Indian startups, which includes an 80% rebate on patent filing. Application fees for startups to file patents has been reduced to just $25. The Indian government has introduced mechanisms for speedy processing of patent applications, and it’s now possible to acquire a patent in India within a year of its filing. Unlike earlier, the Indian Patent Office is processing foreign filing permits quickly, with which Indian startups can now file patents overseas.
Lawyers recommend startups file a patent application in India first as it is cost-effective and provides priority rights for international filings. Once a patent application is filed in India, the startup can either file directly or opt for a Patent Cooperation Treaty (PCT), which provides international patent protection. "Opting for a PCT grants the startup at least thirty months to perfect the product, test the market, and/or raise funds to file in other countries," says Kankanala.
Protected Ideas Lead To High Investor Confidence
The eagerness to file patents has also led to improved investor confidence. Having seen both the sides of the ecosystem, Sateesh Andra, an entrepreneur-turned-venture capitalist with Endiya Partners believes that patent filing is an integral part of the overall product strategy as benefits outweigh the timelines and costs involved. The owner of multiple patents himself, Andra says, "As startups go global, how quickly you go to the market is paramount. Entrepreneurs must be aggressive in their market outreach plan as patent filing not only increases the credibility when they scale but also bolsters investor support."
As awareness around patent filings and quality of legal assistance improves, startups can now push the boundaries of innovation and creativity in India, establishing new benchmarks in the fast-growing ecosystem.
Source >> https://www.forbes.com/sites/sindhujabalaji/2017/10/16/indias-startups-are-filing-more-patents-than-ever-before-heres-why/#fab157569f57
Applied DNA Earns New SigNature Patent, More T’d Up
By: GREGORY ZELLER
Applied DNA Sciences has added two new U.S. patents to its impressive collection – at least, a new patent-and-a-half.
The Stony Brook-based supply-chain, anti-counterfeiting, anti-theft and product-authentication specialist announced this week the arrival of U.S. Patent No. 9,790,538, covering “Alkaline Activation for Immobilization of DNA Taggants” – essentially, protecting the core technology powering Applied DNA’s SigNature T molecular tags.
The biotech also announced a Notice of Allowance on U.S. Patent Application 15/027,454, covering the company’s Multimode Image and Spectral Reader, which enables instant authentication of DNA-tagged products.
A Notice of Allowance indicates that the U.S. Patent & Trademark Office believes an invention qualifies for a patent, but the applicant has not completed the patent-application process – often including the payment of certain patent-processing fees.
That will happen soon enough, according to Applied DNA President and CEO James Hayward, who noted many potential verticals opened up by a fully protected multimode reader.
“The patenting of our MMR device paves the way for the instant authentication of a broad range of taggants and exciting licensing opportunities,” Hayward said.
Issued in mid-October, the SigNature T DNA taggants patent is directed at methods of enhancing the “binding affinity of molecular tags to a variety of textile substrates, including cotton, wool, cellulosic materials and manmade fibers,” according to Applied DNA.
The enhanced binding affinity of the SigNature T molecular tags enables the tags to survive harsh manufacturing processes – including those commonly used in leather, cotton and synthetics manufacturing – and is “integral to the company’s pursuit of a global textile industry anticipated to grow to $910 billion in sales in 2019,” the company said in a statement.
The Multimode Image and Spectral Reader allowance, issued in late October, provides for instant detection and identification of a wide variety of optical, molecular, olfactory and radio-based taggants through the use of “electronic sensor capture and digital database analysis,” according to the biotech.
The handheld MMR device can rapidly detect one or more of those taggants and compare them to a library of “known taggant configurations,” thereby providing “instant authentication,” Applied DNA said.
While that second new patent is still officially pending, the issuance of Patent No. 9,790,538 raises Applied DNA’s patent portfolio to 53, with more than 70 further applications still being considered by the U.S. Patent & Trademark Office.
The company was issued four U.S. patents and one Canadian patent in 2016, including one patent covering fiber-typing services currently utilized by major U.S. retailers and brands and SigNature T supply-chain partners, and another covering the SigNature T platform itself.
Those protections are critical, Hayward noted, as recognition of Applied DNA and its powerful products quickly spreads.
“Protecting our innovations has always been a cornerstone of Applied DNA,” the CEO said. “Our robust intellectual property portfolio is more important than ever, as industry awareness and acceptance of our technologies is rapidly growing.
“We take great pride in the patenting of our SigNature T molecular tags, providing us with broad long-term market exclusivity.”
Source >> http://www.innovateli.com/applied-dna-earns-new-signature-patent-td/
Applied DNA Sciences has added two new U.S. patents to its impressive collection – at least, a new patent-and-a-half.
The Stony Brook-based supply-chain, anti-counterfeiting, anti-theft and product-authentication specialist announced this week the arrival of U.S. Patent No. 9,790,538, covering “Alkaline Activation for Immobilization of DNA Taggants” – essentially, protecting the core technology powering Applied DNA’s SigNature T molecular tags.
The biotech also announced a Notice of Allowance on U.S. Patent Application 15/027,454, covering the company’s Multimode Image and Spectral Reader, which enables instant authentication of DNA-tagged products.
A Notice of Allowance indicates that the U.S. Patent & Trademark Office believes an invention qualifies for a patent, but the applicant has not completed the patent-application process – often including the payment of certain patent-processing fees.
That will happen soon enough, according to Applied DNA President and CEO James Hayward, who noted many potential verticals opened up by a fully protected multimode reader.
“The patenting of our MMR device paves the way for the instant authentication of a broad range of taggants and exciting licensing opportunities,” Hayward said.
Issued in mid-October, the SigNature T DNA taggants patent is directed at methods of enhancing the “binding affinity of molecular tags to a variety of textile substrates, including cotton, wool, cellulosic materials and manmade fibers,” according to Applied DNA.
The enhanced binding affinity of the SigNature T molecular tags enables the tags to survive harsh manufacturing processes – including those commonly used in leather, cotton and synthetics manufacturing – and is “integral to the company’s pursuit of a global textile industry anticipated to grow to $910 billion in sales in 2019,” the company said in a statement.
The Multimode Image and Spectral Reader allowance, issued in late October, provides for instant detection and identification of a wide variety of optical, molecular, olfactory and radio-based taggants through the use of “electronic sensor capture and digital database analysis,” according to the biotech.
The handheld MMR device can rapidly detect one or more of those taggants and compare them to a library of “known taggant configurations,” thereby providing “instant authentication,” Applied DNA said.
While that second new patent is still officially pending, the issuance of Patent No. 9,790,538 raises Applied DNA’s patent portfolio to 53, with more than 70 further applications still being considered by the U.S. Patent & Trademark Office.
The company was issued four U.S. patents and one Canadian patent in 2016, including one patent covering fiber-typing services currently utilized by major U.S. retailers and brands and SigNature T supply-chain partners, and another covering the SigNature T platform itself.
Those protections are critical, Hayward noted, as recognition of Applied DNA and its powerful products quickly spreads.
“Protecting our innovations has always been a cornerstone of Applied DNA,” the CEO said. “Our robust intellectual property portfolio is more important than ever, as industry awareness and acceptance of our technologies is rapidly growing.
“We take great pride in the patenting of our SigNature T molecular tags, providing us with broad long-term market exclusivity.”
Source >> http://www.innovateli.com/applied-dna-earns-new-signature-patent-td/
Saturday, December 30, 2017
WHAT IS THE DIFFERENCE BETWEEN PATENT, A TRADEMARK, AND A COPYRIGHT?
By: Daniel Gibbs, Dec 29, 2017
Intellectual property is protected by international and US law, just as it would be your car or savings account. You can earn profit from property intellectual rights, you have the option to lease or sell them, and by using patents, trademarks and copyright, you can also protect them.
If you want to have protection within the United States, you must have a patent issued by USPTO. There are patent rights organizations for international markets also. If you own a patent of something, you have the exclusive right to produce and market your invention for 20 years. Is someone wanting to make it, license it, use it, sell it, or even offer to sell it has to have your permission.
If you want to patent an idea of yours, you must be prepared the patent application is lengthy and expensive, and there is also no guarantee you will get it. In 2007 USPTO received 485,000 applications, but issued only 93,691 patents.
If you apply for a patent, you can opt for three categories: utility patents are for processes, machines and item compositions, such as certain drug formulas. Design patents protect the appearance and design for clothing, protective gear and characters. Plant patents are for the protection of hybrid and genetically engineered plants.
However, there are things that can not be patented, such as abstract ideas. These can be protected by copyright, if they are written down. Illegal things and physical elements like water or iron also can not be patented.
Trademarks are things like words, names, logos, colors or sounds associated with a particular merchandise or service. Trademarks have the role of preventing the competitors to use the same logos or names to confuse consumers. Trademarks are issued for ten years, and you can renew it as long as you use t in your business. There is no possibility to renew a trademark if the company it belongs to is not operating.
Copyrighters are for the protection of any artistic work, form poetry to video games and movies. Even choreography can be copyrighted, if it is written down. Copyrighters can be registered throughout the US Library of Congress, and they take effect once the idea is created in some fixed form. With other words, an idea in your head can not be copymitted, it has to be written down. Copyright lasts as long as the creator lives, plus 70 years for things created before January 1, 1978. For the work created before, there is a maximum of 95 years.
Source >> https://articlesly.com/what-is-the-difference-between-patent-a-trademark-and-a-copyright/
Intellectual property is protected by international and US law, just as it would be your car or savings account. You can earn profit from property intellectual rights, you have the option to lease or sell them, and by using patents, trademarks and copyright, you can also protect them.
If you want to have protection within the United States, you must have a patent issued by USPTO. There are patent rights organizations for international markets also. If you own a patent of something, you have the exclusive right to produce and market your invention for 20 years. Is someone wanting to make it, license it, use it, sell it, or even offer to sell it has to have your permission.
If you want to patent an idea of yours, you must be prepared the patent application is lengthy and expensive, and there is also no guarantee you will get it. In 2007 USPTO received 485,000 applications, but issued only 93,691 patents.
If you apply for a patent, you can opt for three categories: utility patents are for processes, machines and item compositions, such as certain drug formulas. Design patents protect the appearance and design for clothing, protective gear and characters. Plant patents are for the protection of hybrid and genetically engineered plants.
However, there are things that can not be patented, such as abstract ideas. These can be protected by copyright, if they are written down. Illegal things and physical elements like water or iron also can not be patented.
Trademarks are things like words, names, logos, colors or sounds associated with a particular merchandise or service. Trademarks have the role of preventing the competitors to use the same logos or names to confuse consumers. Trademarks are issued for ten years, and you can renew it as long as you use t in your business. There is no possibility to renew a trademark if the company it belongs to is not operating.
Copyrighters are for the protection of any artistic work, form poetry to video games and movies. Even choreography can be copyrighted, if it is written down. Copyrighters can be registered throughout the US Library of Congress, and they take effect once the idea is created in some fixed form. With other words, an idea in your head can not be copymitted, it has to be written down. Copyright lasts as long as the creator lives, plus 70 years for things created before January 1, 1978. For the work created before, there is a maximum of 95 years.
Source >> https://articlesly.com/what-is-the-difference-between-patent-a-trademark-and-a-copyright/
Should You Register Your Trademark in Chinese?
By: John Tan
Many foreign businesses are reluctant to register their brand name into Chinese, assuming that the brand will be recognizable, distinctive, and protected by one trademark filing. In reality, it is critical to ensure that the trademark name is also registered in Chinese.
To begin with, it is important to understand that if the trademark is registered only in its original version i.e. Latin characters and pronunciation, protection is not granted to its Chinese equivalent. This means that virtually anybody can use the same or similar trademark, and register it using a combination of Chinese characters. In that scenario, the China Patent & Trademark Office (CTMO) would then most likely prevent you from registering your Chinese name later on. This is precisely what happened to the well-known French fashion brand Hermès who tried to register (a bit too late) its trademark in Chinese as 爱玛仕 but was prevented by the CTO from doing so as it was deemed similar to an already existing Chinese brand (爱马仕) on the basis that it could be misleading to Chinese consumers.
Following Hermès’ and other foreign brands’ misfortunes, it is important to remember that China is a “first to file” country. This means the legal protection is only granted to the first trademark to be filed to the CTMO. In this spirit, a trademark application can be declined solely on the basis that the brand is not the first to file a Chinese version and that it cannot demonstrate that it has become well-known in China prior to the rogue registration, despite having a pre-existing English-language registration in China. If the same or similar trademark is already registered in Chinese – it is practically impossible to successfully register another trademark with the same name, regardless of how recognizable and famous it is abroad.
Protecting the commercial value of your brand
In addition to the legal benefits of adding an extra layer of protection to your brand by registering it in Chinese, there are also numerous commercial benefits to it. More often than not, local consumers are simply not used to foreign brand names. Many are even unable to read and/or pronounce it correctly. In all likelihood, a Chinese equivalent to the original name will be adopted by consumers themselves, which may lead to misconception and misrepresentation of the actual brand name and image. One of the most famous illustration might be the American food conglomerate brand Quaker Oatmeals. The brand neglected the need to create a Chinese trademark upon entering the market, to later find out that the public began to call it “the old man brand” or ‘lao ren pai’ (老人牌). Needless to say, such interpretations can damage the reputation of your business and the products/services affiliated to it. By translating the name and adapting a correct Chinese version of it, you remain in control and thus ensure that your business has a positive and correct brand perception in the market.
Some tips on registering your trademark in Chinese
Timing: we always advise our clients to file the trademark application in Chinese as early as possible. As detailed earlier, China operates on first-come-first-served basis and the more you wait, the bigger the risk of someone else registering your mark grows. You should also bear in mind that the filing process can take up to 18 months and that the trademark is only protected after the registration process is fully processed and approved.
Filing strategy: is another important step to consider. The trademark registration process in China comprises both a formal and a substantive examination. The formal requirements are generally easily met, however the substantive requirements tend to be more comprehensive and failure to meet these standards often results to refusal. Most importantly, if you are starting your business, you need to make sure that the adopted Chinese name is distinctive enough. In accordance with Article 11(2) of the PRC Trademark Law the signs submitted under the preceding paragraph may be registered as trademarks when they have acquired distinctive features through use and have become readily identifiable. An example of this is the successful registration of “支付宝 (known as Alipay)”. As you may know, 支付宝 is a third-party payment platform. Strictly speaking, “支付” has the meaning of “payment” which because of its generality shall not be trademarked – but because it met the distinctiveness test, it was able to pass muster.
Making sure that the translation/s are appropriate: This is also very important, especially if your trademark consists of figures, Chinese words and/or English words. In China, everything from the sound to the tone and even the look of the chosen Chinese characters have to be taken into consideration. Thus, for instance, a brand known all over the world like Coca-Cola, if translated phonetically to Chinese would sound like an absurd combination of words such as “bite the wax tadpole” (Kēdǒu kěn là/ 蝌蚪啃蜡) or “female horse stuffed with wax” (骒马口蠟). The Chinese language has unique characteristics, and therefore while developing the equivalent trademark in Chinese, it should be carefully examined by native translators as well as marketing experts.
Registering several versions of the trademark name: some of the most successful trademarks in China, have actually as many as three degrees of protection. Thus it is advisable to register: 1) the original western brand name; 2) a sound-alike version but with a Chinese character and 3) a definition of what the brand name means in mandarin, including the form, the sound and the meaning.
By registering your trademark in Chinese, as well as its native version, your brand identity will be the most protected from any kind of infringements. Doing so early on can save you from any potential legal disputes if someone else decides to use your brand name in Chinese. Finally, it is important to make sure that all of the possible translations are considered in order to avoid any misconceptions.
About IPO Pang Xingpu :
IPO Pang Xingpu is a premier international law firm that has been representing clients in China since the early 1990s. We’ve been here longer than the vast majority of corporate law firms, and have helped hundreds of companies across a wide spectrum of industries securely and quickly establish operations in China, and then provide follow-on services for their ongoing legal needs.
Friday, December 29, 2017
Patent & trademark annuity fees
By: admin
You have just received your US utility patent or trademark, congratulations! But remember that unless you pay annuity fees (maintenance fees) during certain future time windows, your patent or trademark will expire early. No, you can’t pay these fees early. You must wait until the time window opens to pay.
Why do we have this system? IP (Intellectual Property) laws are intended to balance both public and private rights. The underlying idea is that if the IP is really important to you, then you will keep track of the payment windows. If it is not important to you (as evidenced by your forgetting to pay), then the public rights part of the policy kicks in. The IP rights get transferred back to the public.
Utility patents (the most common type of patent) will often have about a 17-20 year term (your mileage may vary), with maintenance fees due during specific time windows at 3-4, 7-8, and 11-12 years after issue. There is no requirement that patents actually have to be used to keep them in effect. So during these time windows, the USPTO will just ask you to affirm that you are authorized to pay, and take your money.
Trademarks have to be renewed during specific time windows at 5-6 and then every 9-10 years (forever) after issue. Unlike patents, trademarks are a “use it or lose it” type of IP. The USPTO, in addition to charging fees, also requires proof of actual use in commerce. They will deny renewal if this proof is absent or unconvincing.
The responsibility for ensuring that these annuity fees are paid ultimately rests with the IP owner. Although some law firms may occasionally send out courtesy reminder notices, such courtesy reminders should not be relied upon.
Instead, consider setting up your own reminder system. At a minimum, enter the dates into at least one (preferably two) long-term electronic calendars or other automatic reminder (docketing) systems, and keep these systems going.
Additionally, consider engaging a professional annuity service. A number of such annuity services exist. Without making any particular recommendations, some of these annuity services include: Computer Patent Annuities Global, Computer Packages Inc., Dennemeyer & Company, and Maxval.
Source >> http://patentassociate.com/patentblog/2017/12/24/patent-trademark-annuity-fees/
You have just received your US utility patent or trademark, congratulations! But remember that unless you pay annuity fees (maintenance fees) during certain future time windows, your patent or trademark will expire early. No, you can’t pay these fees early. You must wait until the time window opens to pay.
Why do we have this system? IP (Intellectual Property) laws are intended to balance both public and private rights. The underlying idea is that if the IP is really important to you, then you will keep track of the payment windows. If it is not important to you (as evidenced by your forgetting to pay), then the public rights part of the policy kicks in. The IP rights get transferred back to the public.
Utility patents (the most common type of patent) will often have about a 17-20 year term (your mileage may vary), with maintenance fees due during specific time windows at 3-4, 7-8, and 11-12 years after issue. There is no requirement that patents actually have to be used to keep them in effect. So during these time windows, the USPTO will just ask you to affirm that you are authorized to pay, and take your money.
Trademarks have to be renewed during specific time windows at 5-6 and then every 9-10 years (forever) after issue. Unlike patents, trademarks are a “use it or lose it” type of IP. The USPTO, in addition to charging fees, also requires proof of actual use in commerce. They will deny renewal if this proof is absent or unconvincing.
The responsibility for ensuring that these annuity fees are paid ultimately rests with the IP owner. Although some law firms may occasionally send out courtesy reminder notices, such courtesy reminders should not be relied upon.
Instead, consider setting up your own reminder system. At a minimum, enter the dates into at least one (preferably two) long-term electronic calendars or other automatic reminder (docketing) systems, and keep these systems going.
Additionally, consider engaging a professional annuity service. A number of such annuity services exist. Without making any particular recommendations, some of these annuity services include: Computer Patent Annuities Global, Computer Packages Inc., Dennemeyer & Company, and Maxval.
Source >> http://patentassociate.com/patentblog/2017/12/24/patent-trademark-annuity-fees/
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