By: Admin
Microsoft today announced a major expansion of its Azure IP Advantage program, which provides its Azure users with protection against patent trolls. This program now also provides customers who are building IoT solutions that connect to Azure with access to 10,000 patents to defend themselves against intellectual property lawsuits.
What’s maybe most interesting here, though, is that Microsoft is also donating 500 patents to startups in the LOT Network. This organization, which counts companies like Amazon, Facebook, Google, Microsoft, Netflix, SAP, Epic Games, Ford, GM, Lyft and Uber among its well over 150 members, is designed to protect companies against patent trolls by giving them access to a wide library of patents from its member companies and other sources.
“The LOT Network is really committed to helping address the proliferation of intellectual property losses, especially ones that are brought by non-practicing entities, or so-called trolls,” Microsoft CVP and Deputy General Counsel Erich Andersen told me.
This new program goes well beyond basic protection from patent trolls, though. Qualified startups who join the LOT Network can acquire Microsoft patents as part of their free membership and as Andresen stressed, the startups will own them outright. The LOT network will be able to provide its startup members with up to three patents from this collection.
There’s one additional requirement here, though: to qualify for getting the patents, these startups also have to meet a $1,000 per month Azure spend. As Andersen told me, though, they don’t have to make any kind of forward pledge. The company will simply look at a startup’s last three monthly Azure bills.
“We want to help the LOT Network grow its network of startups,” Andersen said. “To provide an incentive, we are going to provide these patents to them.” He noted that startups are obviously interested in getting access to patents as a foundation of their companies, but also to raise capital and to defend themselves against trolls.
Microsoft joins the LOT Network to help fight patent trolls
The patents we’re talking about here cover a wide range of technologies as well as geographies. Andersen noted that we’re talking about U.S. patents as well as European and Chinese patents, for example.
Read more >> https://xtechnews.com/2019/03/28/microsoft-gives-500-patents-to-startups/
Sunday, March 31, 2019
Friday, March 29, 2019
Trademark Application Tips, and Some Ways to Avoid Pitfalls
By: Michael J Foycik Jr.
May 12, 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.
Filing a trademark application? That may seem easy, but mistakes can be costly later, during the examination phase. Here are a few helpful tips, and a few pitfalls to avoid.
After a trademark application is filed, the U.S. Trademark Office conducts an examination of the application. For example, if there is both an objection and a refusal to register the mark, then a response will be necessary to meet the objection and to overcome the refusal to register. This happens frequently, and an experienced trademark attorney will likely know just what to do when writing the response.
In my experience, it pays to respond to every office action. Many issues are within the range of discretion of the trademark examining attorney, and good legal arguments in support of the trademark may well be persuasive. Some firms charge substantial sums of money to prepare responses, and other firms might charge much less - therefore it may pay to shop around.
A helpful tip: before filing a trademark application, find a cost effective trademark attorney. It is wise to assume things may not always go smoothly or quickly.
Another tip: select the best type of trademark application. There are two types: intent-to-use applications, and actual use applications. Both cost the same to file. The intent-to-use application can be filed long before actual use occurs, but there is a later government fee when completing the intent-to-use application. The trade off is that completing the intent-to-use application requires a statement of use or allegation of use, together with a specimen of use and an additional government fee. If an actual use application can be filed based on actual use in interstate commerce, then it will save money to do so.
It pays to know what types of problems come up during the examination phase. Some problems that may come up: the trademark examiner may raise objections due to a similar prior mark, may object to the mark based on descriptiveness or misdecriptiveness of the mark, may object to the mark as having an improper geographical reference, and may object to the listing of the goods/services. There are other possible grounds of objection too.
In light of the above, another cost saving tip is this: have an experienced trademark attorney look at the mark prior to filing, just to see if there is something that jumps out. You probably wouldn't want to spend money to file an application if it was certain to fail. Here, too, it often pays to shop around. Some attorneys would charge quite a bit just to look at the mark, whereas others might take an interest and provide helpful comments at little or no additional charge. Trademark owners have reported a wide range of fees, some fees being reasonably low and some fees being unexpectedly high.
Read more >> http://internationalpatentservice.com/Trademark-Application-Tips-and-Some-Ways-to-Avoid-Pitfalls.html
May 12, 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.
Filing a trademark application? That may seem easy, but mistakes can be costly later, during the examination phase. Here are a few helpful tips, and a few pitfalls to avoid.
After a trademark application is filed, the U.S. Trademark Office conducts an examination of the application. For example, if there is both an objection and a refusal to register the mark, then a response will be necessary to meet the objection and to overcome the refusal to register. This happens frequently, and an experienced trademark attorney will likely know just what to do when writing the response.
In my experience, it pays to respond to every office action. Many issues are within the range of discretion of the trademark examining attorney, and good legal arguments in support of the trademark may well be persuasive. Some firms charge substantial sums of money to prepare responses, and other firms might charge much less - therefore it may pay to shop around.
A helpful tip: before filing a trademark application, find a cost effective trademark attorney. It is wise to assume things may not always go smoothly or quickly.
Another tip: select the best type of trademark application. There are two types: intent-to-use applications, and actual use applications. Both cost the same to file. The intent-to-use application can be filed long before actual use occurs, but there is a later government fee when completing the intent-to-use application. The trade off is that completing the intent-to-use application requires a statement of use or allegation of use, together with a specimen of use and an additional government fee. If an actual use application can be filed based on actual use in interstate commerce, then it will save money to do so.
It pays to know what types of problems come up during the examination phase. Some problems that may come up: the trademark examiner may raise objections due to a similar prior mark, may object to the mark based on descriptiveness or misdecriptiveness of the mark, may object to the mark as having an improper geographical reference, and may object to the listing of the goods/services. There are other possible grounds of objection too.
In light of the above, another cost saving tip is this: have an experienced trademark attorney look at the mark prior to filing, just to see if there is something that jumps out. You probably wouldn't want to spend money to file an application if it was certain to fail. Here, too, it often pays to shop around. Some attorneys would charge quite a bit just to look at the mark, whereas others might take an interest and provide helpful comments at little or no additional charge. Trademark owners have reported a wide range of fees, some fees being reasonably low and some fees being unexpectedly high.
Read more >> http://internationalpatentservice.com/Trademark-Application-Tips-and-Some-Ways-to-Avoid-Pitfalls.html
Thursday, March 28, 2019
5 Startup mistakes you can avoid
By: LegalZoom Staff
Hindsight may be 20/20 but who doesn’t want to avoid making mistakes when possible? In business, mistakes can cost you money, customers, and even your hard-earned brand. However, there are missteps that can easily be avoided with the right preparation and awareness.
Waiting too long to delegate
As a leader, your role is to inspire your team with your long term vision, innovation, and planning. In the nascent stages of your company, you wear many functional hats, and perform many roles. As the business grows, you need people to manage different areas and specialists who’ll add their expertise to your management team. Bring on team members with skills that are different than yours and give them the tools they require to execute. The ability to successfully manage is different than the ability to lead. Relinquish the management role to someone who has proven experience so you can focus on exploring new opportunities.
Not learning from failures
Failures in a growing startup are par for the course, no matter the business. Every failure is an opportunity to learn and grow, and when things veer off-track, be nimble and open to pivoting if necessary. When you remove fear of failure, teams are free to move forward, innovate, experiment, and flex their creative muscle. Minimize people’s natural aversion to risk and instill a culture of continuous learning in which the lessons learned are used to improve the business.
Not protecting your intellectual property
You’ve worked hard to build out your business so it’s crucial you protect intangible assets like your name, logo and, if you’re a designer or inventor, your creation. Everyone starts small, but protecting your intellectual property is important when planning long-term. The theft of intellectual property is a rampant problem, and patent, trademark, and copyright protection are your best bet against what could amount to a significant financial loss.
Read more >> https://www.legalzoom.com/blog/5-startup-mistakes-you-can-avoid
Hindsight may be 20/20 but who doesn’t want to avoid making mistakes when possible? In business, mistakes can cost you money, customers, and even your hard-earned brand. However, there are missteps that can easily be avoided with the right preparation and awareness.
Waiting too long to delegate
As a leader, your role is to inspire your team with your long term vision, innovation, and planning. In the nascent stages of your company, you wear many functional hats, and perform many roles. As the business grows, you need people to manage different areas and specialists who’ll add their expertise to your management team. Bring on team members with skills that are different than yours and give them the tools they require to execute. The ability to successfully manage is different than the ability to lead. Relinquish the management role to someone who has proven experience so you can focus on exploring new opportunities.
Not learning from failures
Failures in a growing startup are par for the course, no matter the business. Every failure is an opportunity to learn and grow, and when things veer off-track, be nimble and open to pivoting if necessary. When you remove fear of failure, teams are free to move forward, innovate, experiment, and flex their creative muscle. Minimize people’s natural aversion to risk and instill a culture of continuous learning in which the lessons learned are used to improve the business.
Not protecting your intellectual property
You’ve worked hard to build out your business so it’s crucial you protect intangible assets like your name, logo and, if you’re a designer or inventor, your creation. Everyone starts small, but protecting your intellectual property is important when planning long-term. The theft of intellectual property is a rampant problem, and patent, trademark, and copyright protection are your best bet against what could amount to a significant financial loss.
Read more >> https://www.legalzoom.com/blog/5-startup-mistakes-you-can-avoid
Tuesday, March 26, 2019
Myths and Misconceptions About International Patent Applications
By: Michael J Foycik Jr.
May 9, 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.
Wondering about filing an international patent application? There are some myths and misconceptions about international patent applications, including what that phrase even means. Let's talk about that.
Myth: an international patent application can be filed that, when granted, turns into a patent giving patent rights in all countries. Fact: there is no such thing. This is probably the biggest patent myth.
Misconception: a PCT application is like a US patent application, and can turn into an issued patent. Fact: a PCT application is more like a bookmark in time, holding the date for other, later applications called “national stage” applications. A short explanation about PCT applications is in the following paragraph.
Most would think “PCT application” (Patent Cooperation Treaty application) when talking about international patent applications. Yet it is not a traditional application in the usual sense of that word, and so is a little tricky to understand. A PCT application is like a US patent application in some ways: it grants “patent pending” status; it confers rights to its filing date as a priority date for filing other patent applications; and, it grants a period of time in which to file other patent applications. However, it is unlike a US patent application in that it does not directly mature into a patent, and the time period conferred is different.
Misconception: a foreign patent is equivalent to a US patent. Fact: the protection afforded by a granted patent differs widely among countries. For example, a US patent confers protection that is considered very broad, and legal rights are as strong as other property rights. In some countries, a granted patent may have little practical value, or may be costly to enforce, or may only cover what is specifically shown and not variations. It is important to know the legal rights conferred in a specific country, before filing a patent application there.
Read more >> http://internationalpatentservice.com/Myths-and-Misconceptions-About-International-Patent-Applications.html
May 9, 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.
Wondering about filing an international patent application? There are some myths and misconceptions about international patent applications, including what that phrase even means. Let's talk about that.
Myth: an international patent application can be filed that, when granted, turns into a patent giving patent rights in all countries. Fact: there is no such thing. This is probably the biggest patent myth.
Misconception: a PCT application is like a US patent application, and can turn into an issued patent. Fact: a PCT application is more like a bookmark in time, holding the date for other, later applications called “national stage” applications. A short explanation about PCT applications is in the following paragraph.
Most would think “PCT application” (Patent Cooperation Treaty application) when talking about international patent applications. Yet it is not a traditional application in the usual sense of that word, and so is a little tricky to understand. A PCT application is like a US patent application in some ways: it grants “patent pending” status; it confers rights to its filing date as a priority date for filing other patent applications; and, it grants a period of time in which to file other patent applications. However, it is unlike a US patent application in that it does not directly mature into a patent, and the time period conferred is different.
Misconception: a foreign patent is equivalent to a US patent. Fact: the protection afforded by a granted patent differs widely among countries. For example, a US patent confers protection that is considered very broad, and legal rights are as strong as other property rights. In some countries, a granted patent may have little practical value, or may be costly to enforce, or may only cover what is specifically shown and not variations. It is important to know the legal rights conferred in a specific country, before filing a patent application there.
Read more >> http://internationalpatentservice.com/Myths-and-Misconceptions-About-International-Patent-Applications.html
Monday, March 25, 2019
Intellectual Property Considerations When Making Things Public
By: Julie Reed
You’re full of enthusiasm and excitement! You have a new company, a new product, a new discovery, or all three. Your people want to shout it from the rooftops and plaster it all over your website. Of course they do! Who wouldn’t? But take a deep breath and spend five or ten minutes ensuring that you will not jeopardize anything. Some things for you to consider:
Your company sells widgets, and your people came up with a cool company name. You checked the Oregon State register of businesses and made sure that no one else uses that name. Great! Did you check the trademark listings at the United States Patent and Trademark Office? No one in Oregon uses that name, but if you plan to sell products on the Internet using a website address including your company name, you could be walking into trouble. You may discover that a company in some other state has a registered federal trademark for your company name or a similar name, and that company sells widgets too. If you put your website up with that name and start selling widgets, the other company may send you a letter informing you of its trademark. Your choice: fight the suit ($$$) or change your company name. Yikes!
A similar problem can occur with identity materials used to build your brand. The brand campaign may have particular images and colors that you want to become associated with your company. A quick check to make sure that none of them are too close to well-known brands and images can save you a lot of time and hassle later. No swooshes, no golden arches, no NFL team colors.
All of this applies to new product names. Say that another company sells a product called the Widget 2 and has a registered trademark for that name. Your product manager gets over enthusiastic about your company’s newest product, the Widget 2.0. He’s plastered product announcements all over your website without checking. Whoops. Here comes the letter from the owners of the Widget 2 trademark.
Speaking of the Widget 2.0, did you file a patent application on the unique features and capabilities of the product? Or did you blog about a discovery that was eventually included in the Widget 2.0? It’s okay; the U.S. patent laws give you a year to file a patent application after either a public disclosure of the invention or an offer for sale of products containing the invention. So get the application filed! And keep an eye on your blog . . .
And finally, let’s talk about your website. Your web designer found a photograph to use as part of your webset. Maybe the widgets are for mountain climbing and she found a stunning picture of a mountain online, downloaded it and put it on your website. Hmmm. Was it a free photograph? Even if it didn’t cost anything, does it require attribution identifying the photographer or other copyright owner? Did she put the attribution on your website? Photographers may offer images for free as long as the website identifies them, but not identifying the photographer can result in a nasty letter from a law firm and a hefty fee to ensure that the photographer doesn’t file suit. If your web designer did pay for the photograph, keep the records of the date and time of download and the payment, just in case.
Keep your excitement and your enthusiasm! Promote your new business, your new product, your new discovery! Just take a second, make some checks, maybe make some changes, and then throw the party!
Source >> https://www.oen.org/2019/03/14/intellectual-property-considerations-making-things-public/
You’re full of enthusiasm and excitement! You have a new company, a new product, a new discovery, or all three. Your people want to shout it from the rooftops and plaster it all over your website. Of course they do! Who wouldn’t? But take a deep breath and spend five or ten minutes ensuring that you will not jeopardize anything. Some things for you to consider:
Your company sells widgets, and your people came up with a cool company name. You checked the Oregon State register of businesses and made sure that no one else uses that name. Great! Did you check the trademark listings at the United States Patent and Trademark Office? No one in Oregon uses that name, but if you plan to sell products on the Internet using a website address including your company name, you could be walking into trouble. You may discover that a company in some other state has a registered federal trademark for your company name or a similar name, and that company sells widgets too. If you put your website up with that name and start selling widgets, the other company may send you a letter informing you of its trademark. Your choice: fight the suit ($$$) or change your company name. Yikes!
A similar problem can occur with identity materials used to build your brand. The brand campaign may have particular images and colors that you want to become associated with your company. A quick check to make sure that none of them are too close to well-known brands and images can save you a lot of time and hassle later. No swooshes, no golden arches, no NFL team colors.
All of this applies to new product names. Say that another company sells a product called the Widget 2 and has a registered trademark for that name. Your product manager gets over enthusiastic about your company’s newest product, the Widget 2.0. He’s plastered product announcements all over your website without checking. Whoops. Here comes the letter from the owners of the Widget 2 trademark.
Speaking of the Widget 2.0, did you file a patent application on the unique features and capabilities of the product? Or did you blog about a discovery that was eventually included in the Widget 2.0? It’s okay; the U.S. patent laws give you a year to file a patent application after either a public disclosure of the invention or an offer for sale of products containing the invention. So get the application filed! And keep an eye on your blog . . .
And finally, let’s talk about your website. Your web designer found a photograph to use as part of your webset. Maybe the widgets are for mountain climbing and she found a stunning picture of a mountain online, downloaded it and put it on your website. Hmmm. Was it a free photograph? Even if it didn’t cost anything, does it require attribution identifying the photographer or other copyright owner? Did she put the attribution on your website? Photographers may offer images for free as long as the website identifies them, but not identifying the photographer can result in a nasty letter from a law firm and a hefty fee to ensure that the photographer doesn’t file suit. If your web designer did pay for the photograph, keep the records of the date and time of download and the payment, just in case.
Keep your excitement and your enthusiasm! Promote your new business, your new product, your new discovery! Just take a second, make some checks, maybe make some changes, and then throw the party!
Source >> https://www.oen.org/2019/03/14/intellectual-property-considerations-making-things-public/
Saturday, March 23, 2019
SIP MANAGEMENT TO PROVIDE SUBSCRIBERS WITH EARLY ACCESS TO ITS ONLINE PLATFORM
By: EMMANUEL NGWA
Solomon IP Management is a tech startup that addresses the Intellectual Property market gap for entrepreneurs, micro and small businesses. In line with this mission, the company looks forward to launching its online platform. Through this platform, the company will start offering its services to individuals and businesses based in Cameroon for trial. It will also provide early access to a select number of subscribers and members.
Their goal is to empower and support individuals and teams throughout the development, protection, and commercialization of their intellectual property.
Thanks to the vision of its founding team of African background, SIP Management is, therefore, looking to address the needs of African inventors, scientist, innovators, and businesses.
According to the company’s Founder, Martial Medi:
“Africa has and has always had great untapped potential in terms of innovations and talents. We truly believe with our platform in place, we can support individuals and businesses across the continent to create not just locally, but also globally impactful value, through optimized management of their intellectual property.
“Our goal is to enable the creation of an African marketplace at the service of Intellectual property, as a means to promote social and financial development. Our platform will provide education on topics related to Intellectual property and tools that will enable our members to truly leverage their assets”.
The SIP Management platform will, therefore, be a one-stop shop for those looking to turn their ideas, products, services, and inventions into well-protected rights and revenue generating assets.
“We are creating a community and ecosystem that promotes and supports the success of Intellectual Property ‒ a long-needed service for Cameroon and the rest of the continent”.
WHAT IS IP?
Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names, and images used in commerce. IP is usually protected by law via Patents, Trademarks, Copyrights…
Read more >> https://www.afrohustler.com/sip-management-intellectual-property/
Solomon IP Management is a tech startup that addresses the Intellectual Property market gap for entrepreneurs, micro and small businesses. In line with this mission, the company looks forward to launching its online platform. Through this platform, the company will start offering its services to individuals and businesses based in Cameroon for trial. It will also provide early access to a select number of subscribers and members.
Their goal is to empower and support individuals and teams throughout the development, protection, and commercialization of their intellectual property.
Thanks to the vision of its founding team of African background, SIP Management is, therefore, looking to address the needs of African inventors, scientist, innovators, and businesses.
According to the company’s Founder, Martial Medi:
“Africa has and has always had great untapped potential in terms of innovations and talents. We truly believe with our platform in place, we can support individuals and businesses across the continent to create not just locally, but also globally impactful value, through optimized management of their intellectual property.
“Our goal is to enable the creation of an African marketplace at the service of Intellectual property, as a means to promote social and financial development. Our platform will provide education on topics related to Intellectual property and tools that will enable our members to truly leverage their assets”.
The SIP Management platform will, therefore, be a one-stop shop for those looking to turn their ideas, products, services, and inventions into well-protected rights and revenue generating assets.
“We are creating a community and ecosystem that promotes and supports the success of Intellectual Property ‒ a long-needed service for Cameroon and the rest of the continent”.
WHAT IS IP?
Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names, and images used in commerce. IP is usually protected by law via Patents, Trademarks, Copyrights…
Read more >> https://www.afrohustler.com/sip-management-intellectual-property/
Wednesday, March 20, 2019
Forget the Scams, Make Money from Your Invention
By: Michael J Foycik Jr.
April 27, 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've seen the scams. Forget those, and move on: real people can and do make money from their inventions. Let's see who and how.
Who succeeds with their inventions? Just about anyone, and at just about any age. Here are a few ways.
If samples of the inventive product are available, then the quickest route can often involve first rate department stores and consignment sales. It's easy if you know how, and it's easy to try even if you don't know how. One successful person just went to their favorite department store, bringing their product, and talked to a manager about it.
For some inventions, it may be better to go through distributors. That is not hard, but it is not always easy either. Some distributors will help with the manufacturing costs, and some won't. Your best deals come when you can provide the goods.
Sometimes, it helps to get investors to provide funding and expertise, so you can make and sell the invention. The best ways to get investors involve one important first step: finding the manufacturing cost of a prototype. That part isn't difficult if you know how, and can often be done in just a few days. Most inventors are surpised by the low costs, and of course investors like seeing low costs since it means higher profits.
There are ways to find and meet investors. I recommend e-press releases as a very low cost way to attract investors. I can also recommend viral marketing, which is also a relatively low cost way. There are even investor clubs in many areas, if you look for them.
Read more >> http://internationalpatentservice.com/Forget-the-Scams-Make-Money-from-Your-Invention.html
April 27, 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've seen the scams. Forget those, and move on: real people can and do make money from their inventions. Let's see who and how.
Who succeeds with their inventions? Just about anyone, and at just about any age. Here are a few ways.
If samples of the inventive product are available, then the quickest route can often involve first rate department stores and consignment sales. It's easy if you know how, and it's easy to try even if you don't know how. One successful person just went to their favorite department store, bringing their product, and talked to a manager about it.
For some inventions, it may be better to go through distributors. That is not hard, but it is not always easy either. Some distributors will help with the manufacturing costs, and some won't. Your best deals come when you can provide the goods.
Sometimes, it helps to get investors to provide funding and expertise, so you can make and sell the invention. The best ways to get investors involve one important first step: finding the manufacturing cost of a prototype. That part isn't difficult if you know how, and can often be done in just a few days. Most inventors are surpised by the low costs, and of course investors like seeing low costs since it means higher profits.
There are ways to find and meet investors. I recommend e-press releases as a very low cost way to attract investors. I can also recommend viral marketing, which is also a relatively low cost way. There are even investor clubs in many areas, if you look for them.
Read more >> http://internationalpatentservice.com/Forget-the-Scams-Make-Money-from-Your-Invention.html
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