By: Michael J Foycik Jr.
September 16, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Need a great new product really fast? Something unique, special, and with chances to succeed? Then keep reading!
There is a vast treasure trove of great ideas and many proven successes which lack one thing: an update to modern technology and/or modern materials. Sometimes their features weren't practical, or the right materials didn't exist, or the sensors weren't cheap enough, or the motors weren't strong enough. Games or toys might not have been accessible to the average person, but would be with an electronic update.
So, where can we find this treasure trove? How can we use it? Easy! Find expired patents using an online search by class/subclass using the patent office web site. Example: for toys, the Class is 446. Subclasses are by topic, for example 446/15 is for toys with soap bubbles. There are many unusual and exciting categories – you'll be amazed by what you see! Other classes are equally amazing.
You want to steps? Easy - go to the US Patent Office official site (www.uspto.gov). Click patents, which brings up a listing. Click the third item down, Classification. The topic you'll want for an index (i.e., word) search is “search USPC index schedule and definitions.” The topic for a classification search is on the right hand side about a fourth of the way down called “browse listing of USPC Class numbers and titles.”
Now, on to the actual search steps: on that site, click “search for patents” in uppermost right side of page. It is in the light text just above the box “Search our site”. In the blue text on the right half of the page, click on either the top link (USPTO full text and image database) or on the second link down (USPTO Patent Application full text and image database) depending on which type you want.
Choose a search option. The “Quick search” is the top option and always works well, but for a Class/subclass search you'll need to use the advanced search option (i.e., the second one down). In the box that appears, type ccl/class/subclass, and click search. For example, to find the above-noted soap bubble category, you'd type ccl/446/15 and click search. A listing of all patents in that category will appear.
Another good search area is that for special visual effects. For that, a good place to look is the “signs and displays” area, class 40. There are classes for containers, cards, jewelry, dispensers, clothing, and they all have things needing an update.
Read More >> http://internationalpatentservice.com/Yes-You-Can-Invent-Something-Great.html
Thursday, August 30, 2018
Wednesday, August 29, 2018
Patent Wars and Patent Trolling an Ukraine: Legal Aspects
By: Kydalov Igor
Intellectual property is one of the most valuable assets in today’s world, and the value of many businesses that are working with intellectual property are often much larger than the classical asset. Intellectual property is increasingly becoming the subject of unlawful harassment, violation of patent rules, patent wars and sometimes outright abuses in this area (the so-called patent troll), and this is not particularly surprising to everyone. This patent war and patent trolling have become quite a lucrative business. However, such activities are profitable only to patent trolls, these wars block the development of the war, entering new markets, lead to additional costs, and so on to the real economy, such as manufacturing, scientific research, sales and many other companies.
For example, one of the famous patent troll company NTP Inc. “earned” in the patent war with the company – manufacturer of Blackberry phones more than 600 million dollars, and another well-known patent troll VirnetX, which received a patent for video service technology, and as a result sued in loyal to the patent trolls Court (Texas court), won 368 million dollars from the company Apple. Also, statistics of proceedings between the companies show that more than half of the actions in the field of intellectual property is served by patent trolls.
Of course, neither governments of developed countries, nor large companies-manufacturers do not like. The greatest success in the area of the fight against patent trolls was reached in the United States, the government decided that the patent war should not be a way to enrich themselves because of imperfection of the legislation.
For example, March 16, 2013 the provisions of the so-called The Leahy – Smith America Invents Act came into force, aimed, first and foremost, at the complexity of the patenting procedure. The more difficult it is to obtain a patent for the patent trolls, the harder it is to come into litigation with real manufacturers. One of the most promising innovations is the right of third parties to influence the examination of applications in the case, for example, if the company had known about the patent troll applying for patenting an invention or utility model which, according to the company, does not meet the criteria of patentability, it may submit its study (prior art) and comments. Previously, such a study in the art could be applied only in limited circumstances and, moreover, without their comments. Changing the approach means that now the company can affect the patent office examination and, accordingly, the process of refusal in issuing patents to patent trolls. That is, the win in the situation VirnetX vs Apple would have been impossible: knowing that VirnetX applied for “used” or “obvious” video service technology, Apple would file to a patent office its study of the art and comments, from which it would be clear that patents on submitted applications can not be issued, which would lead to the failure of a patent VirnetX.
Another interesting innovation is the introduction of the aforementioned act of limitations on filing lawsuits against a group of defendants, namely forbidden to sue a group of defendants solely on the ground that each of them separately infringes the patent. This should stop the practice of patent trolls to sue not just to one defendant but to the whole group of respondents, that is to all market participants, with the aim not only to make money but to make a lot of money. Thus, by filing group actions patent trolls could block the work and development of the whole industry. One example of such abuse is a patent troll Xpoint Technologies, whose staff consists exclusively of lawyers, that filed the lawsuit against 30 companies, including Apple, AMD, Google, Hewlett – Packard, Microsoft.
But this is a global trend. The level of patent trolling in Ukraine is much smaller but has some specific features. Thus, patent trolling has several main areas of “work”:
1. Patenting some minor components, assemblies, parts, spare parts for equipment, with a view to issuing claims to real production companies that manufacture or import into the territory of Ukraine goods or products.
2. Registration in Ukraine of marks for goods, works and services, belonging to well-known manufacturing companies, followed by cybersquatting or not, for further complaints to real production companies who import goods or the products into the territory of Ukraine.
At the same time, we can not say that the current legislation of Ukraine in terms of intellectual property protection is backward or loose. This legislation is quite modern. But the level of corruption in government in general and in the field of intellectual property in particular is really big, and with a small sum of money it is not a problem to register, for example, a shovel to stir food, disposable lighter, a toothpick, one-time metal hangers for clothes, or head of spray liquids. Yes, these are all real-life situations, when the real producer receives claims and for a long time stopes its production. And in a situation with disposable metal hangers, any business, which imports to Ukraine clothes, has become a hostage, as all the clothes is equipped abroad with disposable metal hangers. The scheme of patent trolls is that the current legislation of Ukraine stipulates that during the import of goods, if it is claimed regarding intellectual property, such a product is arrested until a final court decision on the case of a patent troll. Such courts may take a long time, the goods may deteriorate, get out of fashion, and so on, but usually, after the arrest of the goods, according to the patent trolls they are offered to pay “compensation” for the prompt settlement of patent litigation or dispute about the brand. And although Ukrainian patent trolls is very liberal on the issue of pricing and they can only dream about the amount of hundreds millions of dollars in one case, but their actions seriously concern legitimate businesses and lead to tangible financial losses.
Read More >> http://kydalov-partners.com/patent-wars-and-patent-trolling-an-ukraine-legal-aspects/
Intellectual property is one of the most valuable assets in today’s world, and the value of many businesses that are working with intellectual property are often much larger than the classical asset. Intellectual property is increasingly becoming the subject of unlawful harassment, violation of patent rules, patent wars and sometimes outright abuses in this area (the so-called patent troll), and this is not particularly surprising to everyone. This patent war and patent trolling have become quite a lucrative business. However, such activities are profitable only to patent trolls, these wars block the development of the war, entering new markets, lead to additional costs, and so on to the real economy, such as manufacturing, scientific research, sales and many other companies.
For example, one of the famous patent troll company NTP Inc. “earned” in the patent war with the company – manufacturer of Blackberry phones more than 600 million dollars, and another well-known patent troll VirnetX, which received a patent for video service technology, and as a result sued in loyal to the patent trolls Court (Texas court), won 368 million dollars from the company Apple. Also, statistics of proceedings between the companies show that more than half of the actions in the field of intellectual property is served by patent trolls.
Of course, neither governments of developed countries, nor large companies-manufacturers do not like. The greatest success in the area of the fight against patent trolls was reached in the United States, the government decided that the patent war should not be a way to enrich themselves because of imperfection of the legislation.
For example, March 16, 2013 the provisions of the so-called The Leahy – Smith America Invents Act came into force, aimed, first and foremost, at the complexity of the patenting procedure. The more difficult it is to obtain a patent for the patent trolls, the harder it is to come into litigation with real manufacturers. One of the most promising innovations is the right of third parties to influence the examination of applications in the case, for example, if the company had known about the patent troll applying for patenting an invention or utility model which, according to the company, does not meet the criteria of patentability, it may submit its study (prior art) and comments. Previously, such a study in the art could be applied only in limited circumstances and, moreover, without their comments. Changing the approach means that now the company can affect the patent office examination and, accordingly, the process of refusal in issuing patents to patent trolls. That is, the win in the situation VirnetX vs Apple would have been impossible: knowing that VirnetX applied for “used” or “obvious” video service technology, Apple would file to a patent office its study of the art and comments, from which it would be clear that patents on submitted applications can not be issued, which would lead to the failure of a patent VirnetX.
Another interesting innovation is the introduction of the aforementioned act of limitations on filing lawsuits against a group of defendants, namely forbidden to sue a group of defendants solely on the ground that each of them separately infringes the patent. This should stop the practice of patent trolls to sue not just to one defendant but to the whole group of respondents, that is to all market participants, with the aim not only to make money but to make a lot of money. Thus, by filing group actions patent trolls could block the work and development of the whole industry. One example of such abuse is a patent troll Xpoint Technologies, whose staff consists exclusively of lawyers, that filed the lawsuit against 30 companies, including Apple, AMD, Google, Hewlett – Packard, Microsoft.
But this is a global trend. The level of patent trolling in Ukraine is much smaller but has some specific features. Thus, patent trolling has several main areas of “work”:
1. Patenting some minor components, assemblies, parts, spare parts for equipment, with a view to issuing claims to real production companies that manufacture or import into the territory of Ukraine goods or products.
2. Registration in Ukraine of marks for goods, works and services, belonging to well-known manufacturing companies, followed by cybersquatting or not, for further complaints to real production companies who import goods or the products into the territory of Ukraine.
At the same time, we can not say that the current legislation of Ukraine in terms of intellectual property protection is backward or loose. This legislation is quite modern. But the level of corruption in government in general and in the field of intellectual property in particular is really big, and with a small sum of money it is not a problem to register, for example, a shovel to stir food, disposable lighter, a toothpick, one-time metal hangers for clothes, or head of spray liquids. Yes, these are all real-life situations, when the real producer receives claims and for a long time stopes its production. And in a situation with disposable metal hangers, any business, which imports to Ukraine clothes, has become a hostage, as all the clothes is equipped abroad with disposable metal hangers. The scheme of patent trolls is that the current legislation of Ukraine stipulates that during the import of goods, if it is claimed regarding intellectual property, such a product is arrested until a final court decision on the case of a patent troll. Such courts may take a long time, the goods may deteriorate, get out of fashion, and so on, but usually, after the arrest of the goods, according to the patent trolls they are offered to pay “compensation” for the prompt settlement of patent litigation or dispute about the brand. And although Ukrainian patent trolls is very liberal on the issue of pricing and they can only dream about the amount of hundreds millions of dollars in one case, but their actions seriously concern legitimate businesses and lead to tangible financial losses.
Read More >> http://kydalov-partners.com/patent-wars-and-patent-trolling-an-ukraine-legal-aspects/
Tuesday, August 28, 2018
Let's Sue That Trademark Infringer – Or Maybe Not!
By: Michael J Foycik Jr.
August 23, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Someone is infringing your trademark. Now you want to rush out and sue them! Let's stop and talk about that for a minute.
Let's just mention that there can be a number of defenses to a trademark lawsuit. Such defenses depend on the answers to the following (and possibly other) questions, such as: Was the infringer actually the first to use it? Can your trademark registration be challenged, or is it incontestible? Were you actually damaged? Is the alleged infringer's trademark really close enough to your trademark? Is the whole trademark infringed, or just part of it? Is your trademark a “word” mark or a logo (picture) mark?
Now let's say there are no defenses to the lawsuit, and victory is absolutely certain. This is very hypothetical, of course, since there is always some uncertainly. But, assuming this perfect situation, should you still go ahead and sue? The answer may be “no” for a number of reasons!
So don't sue? Why not? Well, for starters, if the infringement was not“intentional” (within the legal meaning of that term), then it can be very difficult to obtain meaningful damages. That's right, you can win the lawsuit and yet get little or no cash. The most common result of a successful trademark infringement lawsuit is an injunction – an order to stop the infringement. Even worse, the injunction sometimes gives the infringer ample time to use up their stock of infringing goods.
But, the above is for infringement that is not “intentional” – what if the infringer is intentionally infringing? That's different, and you can ask for actual damages, and/or lost profits, and/or attorneys fee, and/or costs, among other things. Notice I said you can ask! However, asking is not the same as getting. Worse, it can be difficult to prove lost profits or actual damages.
Even in a good case, with ample proof, it can be difficult to get a damage award that really compensates for the time and effort of litigation. Money is not the only cost of litigation. And, a damage award is not the same as actually receiving money, since defendants may not have assets to cover the damage award, may declare bankruptcy, and may even simply hide their money.
Read More >> http://internationalpatentservice.com/Lets-Sue-That-Trademark-Infringer.html
August 23, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Someone is infringing your trademark. Now you want to rush out and sue them! Let's stop and talk about that for a minute.
Let's just mention that there can be a number of defenses to a trademark lawsuit. Such defenses depend on the answers to the following (and possibly other) questions, such as: Was the infringer actually the first to use it? Can your trademark registration be challenged, or is it incontestible? Were you actually damaged? Is the alleged infringer's trademark really close enough to your trademark? Is the whole trademark infringed, or just part of it? Is your trademark a “word” mark or a logo (picture) mark?
Now let's say there are no defenses to the lawsuit, and victory is absolutely certain. This is very hypothetical, of course, since there is always some uncertainly. But, assuming this perfect situation, should you still go ahead and sue? The answer may be “no” for a number of reasons!
So don't sue? Why not? Well, for starters, if the infringement was not“intentional” (within the legal meaning of that term), then it can be very difficult to obtain meaningful damages. That's right, you can win the lawsuit and yet get little or no cash. The most common result of a successful trademark infringement lawsuit is an injunction – an order to stop the infringement. Even worse, the injunction sometimes gives the infringer ample time to use up their stock of infringing goods.
But, the above is for infringement that is not “intentional” – what if the infringer is intentionally infringing? That's different, and you can ask for actual damages, and/or lost profits, and/or attorneys fee, and/or costs, among other things. Notice I said you can ask! However, asking is not the same as getting. Worse, it can be difficult to prove lost profits or actual damages.
Even in a good case, with ample proof, it can be difficult to get a damage award that really compensates for the time and effort of litigation. Money is not the only cost of litigation. And, a damage award is not the same as actually receiving money, since defendants may not have assets to cover the damage award, may declare bankruptcy, and may even simply hide their money.
Read More >> http://internationalpatentservice.com/Lets-Sue-That-Trademark-Infringer.html
Saturday, August 25, 2018
Bank of America has filed another patent application for a system that manages cryptocurrency storage in an enterprise environment
By: J.N.S.K.B Samuel
Home\Blockchain\Bank of America has filed another patent application for a system that manages cryptocurrency storage in an enterprise environment
By J.N.S.K.B Samuel AUG 24, 2018Bank of America has filed another patent application for a system that manages cryptocurrency storage in an enterprise environment BLOCKCHAIN, CRYPTOCURRENCY, NEWS, TECHNOLOGY 4 Total views No comments
Bank of America, the second-largest banking institution in the United States, has filed another patent application for a system that manages cryptocurrency storage in an enterprise environment.
Public documents published on Thursday by the U.S. Patent & Trademark Office (USPTO) show that the Charlotte, NC-based firm has furthered its research into securing private keys in an institutional organization. The company first applied for this patent in April.
The patent, which specifically details how a computing device would manage blockchain encryption tags, is the continuation of a proposal for a cryptocurrency online vault storage system that Bank of America first began developing in 2014.
The patent envisions a future in which cryptocurrency is widely adopted by the general public but that consumers still entrust their funds to custodians such as banks rather than maintaining their own private keys.
The authors wrote: “Enterprises may handle a large number of financial transactions on a daily basis. As technology advances, financial transactions involving cryptocurrency have become more common. For some enterprises, it may be desirable to securely store cryptocurrency.”
Along with corporate giants such as Walmart and IBM, Bank of America has been among the United States’ most prolific investors in blockchain research. The firm has applied for dozens of blockchain patents over the years, including quite a few that involve cryptocurrency in some capacity.
In addition to its online vault storage system, the bank also applied for a patent for a cold storage system, as well as systems through which it could facilitate cryptocurrency payments and real-time conversion.
However, that’s not to say the bank is bullish on bitcoin and its peers, at least in their present, decentralized forms. Bank of America executives have criticized bitcoin on multiple occasions, saying at various times that it is a “troubling” payment system and that investors should not be optimistic about its potential as a speculative investment.
The firm has also barred customers from using Bank of America-issued credit cards to purchase cryptocurrencies.
Nevertheless, the bank admitted in its latest annual report that cryptocurrency adoption is a threat to its business model.
Source >> https://cryptorethink.com/bank-of-america-has-filed-another-patent-application-for-a-system-that-manages-cryptocurrency-storage-in-an-enterprise-environment/
Home\Blockchain\Bank of America has filed another patent application for a system that manages cryptocurrency storage in an enterprise environment
By J.N.S.K.B Samuel AUG 24, 2018Bank of America has filed another patent application for a system that manages cryptocurrency storage in an enterprise environment BLOCKCHAIN, CRYPTOCURRENCY, NEWS, TECHNOLOGY 4 Total views No comments
Bank of America, the second-largest banking institution in the United States, has filed another patent application for a system that manages cryptocurrency storage in an enterprise environment.
Public documents published on Thursday by the U.S. Patent & Trademark Office (USPTO) show that the Charlotte, NC-based firm has furthered its research into securing private keys in an institutional organization. The company first applied for this patent in April.
The patent, which specifically details how a computing device would manage blockchain encryption tags, is the continuation of a proposal for a cryptocurrency online vault storage system that Bank of America first began developing in 2014.
The patent envisions a future in which cryptocurrency is widely adopted by the general public but that consumers still entrust their funds to custodians such as banks rather than maintaining their own private keys.
The authors wrote: “Enterprises may handle a large number of financial transactions on a daily basis. As technology advances, financial transactions involving cryptocurrency have become more common. For some enterprises, it may be desirable to securely store cryptocurrency.”
Along with corporate giants such as Walmart and IBM, Bank of America has been among the United States’ most prolific investors in blockchain research. The firm has applied for dozens of blockchain patents over the years, including quite a few that involve cryptocurrency in some capacity.
In addition to its online vault storage system, the bank also applied for a patent for a cold storage system, as well as systems through which it could facilitate cryptocurrency payments and real-time conversion.
However, that’s not to say the bank is bullish on bitcoin and its peers, at least in their present, decentralized forms. Bank of America executives have criticized bitcoin on multiple occasions, saying at various times that it is a “troubling” payment system and that investors should not be optimistic about its potential as a speculative investment.
The firm has also barred customers from using Bank of America-issued credit cards to purchase cryptocurrencies.
Nevertheless, the bank admitted in its latest annual report that cryptocurrency adoption is a threat to its business model.
Source >> https://cryptorethink.com/bank-of-america-has-filed-another-patent-application-for-a-system-that-manages-cryptocurrency-storage-in-an-enterprise-environment/
Thursday, August 23, 2018
What Does A Trademark Lawsuit Cost?
By: Michael J Foycik Jr.
August 23, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Trademark infringement is a highly charged subject, and I have seen how it affects the trademark owner. A lawsuit would seem like a wonderful solution. But, what should it cost?
Though I have heard many numbers, it is all just hearsay. Even so, it may be helpful to say it.
A very small law firm or individual attorney will often charge less than a large firm. I have heard stories wherein a plaintiff might pay somewhere between 10k and 30k, depending on if/when it settles. Higher numbers are possible when it goes to trial and there are many issues. Is this a good value? That depends – if you can only afford that much, then there's simply no choice.
A big company practically must use a large law firm for its reputation and size. There is great variation, but one should expect to pay for that large size and reputation. I have heard a number of experienced litigators say to simply add a zero to the numbers used for a small law firm. Is it worth it? That depends, but I have seen examples where it was well worth having a large firm do the litigation.
Where's that money go, anyway? Well, a portion goes to filing or answering the Complaint; attending to discovery and motions related to discovery; depositions and court reporter costs; various court hearings where attendance is required; and finally for the trial itself (if it goes that far).
If you're the plaintiff, you'll have some control over the costs. If you raise more issues, then the cost will be higher. Or, if you challenge everything using Motions, then your costs will skyrocket.
If you're the defendant, and the issues are simple, and you are confident of winning, costs tend to be much less. If you're the defendant, the issues are complex, and you fear you might lose, then costs tend to skyrocket. I have heard anecdotal reports of costs exceeding 300k in such cases.
Read More >> http://internationalpatentservice.com/What-Does-A-Trademark-Lawsuit-Cost.html
August 23, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Trademark infringement is a highly charged subject, and I have seen how it affects the trademark owner. A lawsuit would seem like a wonderful solution. But, what should it cost?
Though I have heard many numbers, it is all just hearsay. Even so, it may be helpful to say it.
A very small law firm or individual attorney will often charge less than a large firm. I have heard stories wherein a plaintiff might pay somewhere between 10k and 30k, depending on if/when it settles. Higher numbers are possible when it goes to trial and there are many issues. Is this a good value? That depends – if you can only afford that much, then there's simply no choice.
A big company practically must use a large law firm for its reputation and size. There is great variation, but one should expect to pay for that large size and reputation. I have heard a number of experienced litigators say to simply add a zero to the numbers used for a small law firm. Is it worth it? That depends, but I have seen examples where it was well worth having a large firm do the litigation.
Where's that money go, anyway? Well, a portion goes to filing or answering the Complaint; attending to discovery and motions related to discovery; depositions and court reporter costs; various court hearings where attendance is required; and finally for the trial itself (if it goes that far).
If you're the plaintiff, you'll have some control over the costs. If you raise more issues, then the cost will be higher. Or, if you challenge everything using Motions, then your costs will skyrocket.
If you're the defendant, and the issues are simple, and you are confident of winning, costs tend to be much less. If you're the defendant, the issues are complex, and you fear you might lose, then costs tend to skyrocket. I have heard anecdotal reports of costs exceeding 300k in such cases.
Read More >> http://internationalpatentservice.com/What-Does-A-Trademark-Lawsuit-Cost.html
Wednesday, August 22, 2018
Electronics Inventions Facing Patent Legal Adversity – Surprisingly Good News For Your Inventive Electronics!
By: Michael J Foycik Jr.
August 4, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
You may already know the patent hurdles facing inventions related to electonics. Over the last few years, the federal appellate courts have sharply limited what is and is not a patentable electronic invention.
At one major example, the case In re Bilski limited electronics and software claims to those that require hardware. Here's a very short listing of objections that have recently been seen: mere data-gathering is not a sufficient role for the device; the device is not truly needed to execute the invention and merely carries out the steps; and the device employs transformative steps that require no particular machine. Those are major hurdles to overcome. Yet, there are more such hurdles.
But, that's actually very good news for inventors in electronics! With fewer patents, it is easier for a new one to dominate a valuable technical area. Or, if you have a late inventive entry into a field and worry that you may be too late, an absence of patents could allow you in. And, of course, your invention may be the one to prevail, if your attorney knows what to do.
Any why is any of the above good news? Simple – most of the problems are in how the invention is being claimed, not in the invention itself. Many times, the invention itself could well be patentable, if claimed correctly. If your patent attorney knows the case law, you could do well!
Here's an example of what the knowledgeable patent attorney can put into a good claim. For a method claim using a computer or electronic hardware, the claim should recite a step of providing the computer or electronic hardware. But that's not usually enough: it also helps to add something worthwhile about the computer or electronic hardware into the preaamble of the claim.
Read More >> http://internationalpatentservice.com/Electronics-Inventions-Facing-Patent-Legal-Adversity.html
August 4, 2013
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
You may already know the patent hurdles facing inventions related to electonics. Over the last few years, the federal appellate courts have sharply limited what is and is not a patentable electronic invention.
At one major example, the case In re Bilski limited electronics and software claims to those that require hardware. Here's a very short listing of objections that have recently been seen: mere data-gathering is not a sufficient role for the device; the device is not truly needed to execute the invention and merely carries out the steps; and the device employs transformative steps that require no particular machine. Those are major hurdles to overcome. Yet, there are more such hurdles.
But, that's actually very good news for inventors in electronics! With fewer patents, it is easier for a new one to dominate a valuable technical area. Or, if you have a late inventive entry into a field and worry that you may be too late, an absence of patents could allow you in. And, of course, your invention may be the one to prevail, if your attorney knows what to do.
Any why is any of the above good news? Simple – most of the problems are in how the invention is being claimed, not in the invention itself. Many times, the invention itself could well be patentable, if claimed correctly. If your patent attorney knows the case law, you could do well!
Here's an example of what the knowledgeable patent attorney can put into a good claim. For a method claim using a computer or electronic hardware, the claim should recite a step of providing the computer or electronic hardware. But that's not usually enough: it also helps to add something worthwhile about the computer or electronic hardware into the preaamble of the claim.
Read More >> http://internationalpatentservice.com/Electronics-Inventions-Facing-Patent-Legal-Adversity.html
Tuesday, August 21, 2018
SIMPLE BUT POWERFUL TIPS FOR NAMING YOUR BUSINESS OR STARTUP
By: Amos Onwukwe
A name is a label by which animate or inanimate things are called or referenced. When we think about names, pictures or qualities are evoked from the good to the grotesque. For instance, KFC reminds us of delightsome delicacies, war on the other hand; hunger, starvation. The same applies to businesses. Therefore a good business name and slogan are key. They convey the right message to customers convincing them to do business with you.
A bad or poor business name choice on the other hand, can scare customers, fail to communicate your core business, and cause you to lose “buy mode” customers, none of which you want for your business. Your business name is as important as a good business tax regimen.
As an entrepreneur or business owner, your brain child deserves a befitting name. For this reason great care should be exercised when deciding on a campaign or business name.
Thankfully, this article shows you five (5) simple but powerful tips on how to get your business name right, but first,
WHAT IS A BUSINESS NAME?
DBA (doing business as) name is the alias or moniker with which you do business other than your registered legal business name. In other words, your other or alternative business name. This is the name by which the general public know and address your business.
Okay, you say.
So,
WHAT’S IN A BUSINESS NAME?
Quite a bunch I’d say. To put it in perspective, Cars.Com recently sold for a massive $832m! There are other examples of big domain name sales running into millions of dollars each.
Think frugal entrepreneurs would splash millions on such on an “unimportant” thing as a name?
Think again, and while you’re at it, here are,
SOME BENEFITS OF GOOD BUSINESS NAMES
A good business or startup name sets the right tone for your business and comes with some of the following benefits:
> Brand awareness
> Brand recognition
> Brand recall
> Brand love
> Brand followership
> Brand loyalty
These can increase patronage for your brand, product or services directly or indirectly.
ANOTHER BENEFIT OF GETTING BUSINESS NAME RIGHT FROM THE START
Perhaps one of the biggest reasons why you should get your business name right from day one is continuity. Several businesses on scaling realize that their original name isn’t reflective of their new status.
At this point they shop for a new, more apt business name, and oftentimes this doesn’t come cheap. Depending on your vertical, total cost of business name change can run into millions of dollars like the attempt to change UTA to TDU.
5 SIMPLE BUT POWERFUL BUSINESS NAMING TIPS
1) Make it Flexible and Extendable:
A good business name should be flexible and extendable: able to accommodate a growing portfolio of additional products, services or territories.
Nearly every business owner I know wants growth, but many by their business naming practices unknowingly sabotage this by selecting business or company names that put a cap on business expansion.
Some select geographically restrictive or nonspecific terms as business name. What happens when “London Glass Company” needs to expand to Montreal or broaden into leather or software production?
This would likely necessitate business name change with its associated rebranding costs.
2) Keep it Short and Sweet:
When brainstorming business or startup name ideas, always have brand recall in mind. How easily will people identify, spell, pronounce or recall your brand or business names.
If it is hard to spell, it would be hard to pronounce or recall in the event of a need. Choosing a business name that is easy to spell and pronounce will aid recall.
There are millions of businesses out there, perhaps hundreds of thousands in your industry, a good business name will get you more easily noticed. A name like “Jack Wells” will likely fare better than “Zxymograeb”.
Also, think about your website address. For instance www dot jackwells dot com is easier said than www dot zxymograeb dot com. Do you have to spell yours every time to new and even old customers?
A good business name should be easily, effortlessly, effectively articulated, and spellable from a telephone conversation, radio commercial or word of mouth recommendation. Also a few syllables is generally better than a lot.
Read More >> http://thestartupmag.com/simple-powerful-tips-naming-business-startup/
A name is a label by which animate or inanimate things are called or referenced. When we think about names, pictures or qualities are evoked from the good to the grotesque. For instance, KFC reminds us of delightsome delicacies, war on the other hand; hunger, starvation. The same applies to businesses. Therefore a good business name and slogan are key. They convey the right message to customers convincing them to do business with you.
A bad or poor business name choice on the other hand, can scare customers, fail to communicate your core business, and cause you to lose “buy mode” customers, none of which you want for your business. Your business name is as important as a good business tax regimen.
As an entrepreneur or business owner, your brain child deserves a befitting name. For this reason great care should be exercised when deciding on a campaign or business name.
Thankfully, this article shows you five (5) simple but powerful tips on how to get your business name right, but first,
WHAT IS A BUSINESS NAME?
DBA (doing business as) name is the alias or moniker with which you do business other than your registered legal business name. In other words, your other or alternative business name. This is the name by which the general public know and address your business.
Okay, you say.
So,
WHAT’S IN A BUSINESS NAME?
Quite a bunch I’d say. To put it in perspective, Cars.Com recently sold for a massive $832m! There are other examples of big domain name sales running into millions of dollars each.
Think frugal entrepreneurs would splash millions on such on an “unimportant” thing as a name?
Think again, and while you’re at it, here are,
SOME BENEFITS OF GOOD BUSINESS NAMES
A good business or startup name sets the right tone for your business and comes with some of the following benefits:
> Brand awareness
> Brand recognition
> Brand recall
> Brand love
> Brand followership
> Brand loyalty
These can increase patronage for your brand, product or services directly or indirectly.
ANOTHER BENEFIT OF GETTING BUSINESS NAME RIGHT FROM THE START
Perhaps one of the biggest reasons why you should get your business name right from day one is continuity. Several businesses on scaling realize that their original name isn’t reflective of their new status.
At this point they shop for a new, more apt business name, and oftentimes this doesn’t come cheap. Depending on your vertical, total cost of business name change can run into millions of dollars like the attempt to change UTA to TDU.
5 SIMPLE BUT POWERFUL BUSINESS NAMING TIPS
1) Make it Flexible and Extendable:
A good business name should be flexible and extendable: able to accommodate a growing portfolio of additional products, services or territories.
Nearly every business owner I know wants growth, but many by their business naming practices unknowingly sabotage this by selecting business or company names that put a cap on business expansion.
Some select geographically restrictive or nonspecific terms as business name. What happens when “London Glass Company” needs to expand to Montreal or broaden into leather or software production?
This would likely necessitate business name change with its associated rebranding costs.
2) Keep it Short and Sweet:
When brainstorming business or startup name ideas, always have brand recall in mind. How easily will people identify, spell, pronounce or recall your brand or business names.
If it is hard to spell, it would be hard to pronounce or recall in the event of a need. Choosing a business name that is easy to spell and pronounce will aid recall.
There are millions of businesses out there, perhaps hundreds of thousands in your industry, a good business name will get you more easily noticed. A name like “Jack Wells” will likely fare better than “Zxymograeb”.
Also, think about your website address. For instance www dot jackwells dot com is easier said than www dot zxymograeb dot com. Do you have to spell yours every time to new and even old customers?
A good business name should be easily, effortlessly, effectively articulated, and spellable from a telephone conversation, radio commercial or word of mouth recommendation. Also a few syllables is generally better than a lot.
Read More >> http://thestartupmag.com/simple-powerful-tips-naming-business-startup/
Subscribe to:
Posts (Atom)
