... such a disclosure may bar the protection of foreign patent rights. Unfortunately, in today's global economy, this could be the difference between success and failure for many companies. "Such a disclosure may bar the protection of foreign patent rights" One reason many companies miss the boat on IP protection is that in their rush to capitalize on their innovations, they fail to consider global IP protection. To make matters more complicated, IP protection can come in various forms, from trade secret protection, to copyright and trademark protection, to patent protection, to licensing, to name just a few. Furthermore, on top of their own IP protection, companies must not step on the ...
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... limited level of protection (which in many cases can easily be bypassed), a patent offers you rock-solid, legally binding, enforceable-by-stiff-penalties PROOF of idea ownership. But I'm getting ahead of myself. In this article you'll learn the differences between patents and NDA's, you'll see: -- Why NDA's are only binding if there is a paper trail -- The only time you can trust the security of an NDA -- What legal differences exist between patents and NDA's -- How to get patent protection for as little as $110 Let's get started... What is a Patent? A patent is a piece ... two ways a court of law recognizes ownership of an idea. The Patent is one way. An NDA is another. But an NDA is nowhere near as powerful as a patent. Here's why. Why a Patent Protects You More than an NDA Whereas a patent is a federal document proving ownership of an idea, an NDA is simply a contract between two people. Which one do you think holds more weight a court of law? A patent, of course. You should know that an NDA can provide you with a level of protection. In fact, if someone signs an NDA with you and then breaches ...
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... Europe patent system more affordable. This has worked. However, there are still many proponents wishing to see a single common system which provides protection throughout Europe and which effectively does away with the validation step and thus the expense of final translations. A main argument in favour of this single common European patent is to make obtaining EU patent protection more comparable in terms of the cost with that of obtaining US patent protection. To date, all member states of the European Union have now indicated their willingness to join the common EU patent system, bar Italy and Spain. The intention is presently to grant the common European patent ... patent is to make obtaining EU patent protection more comparable in terms of the cost with that of obtaining US patent protection. To date, all member states of the European Union have now indicated their willingness to join the common EU patent system, bar Italy and Spain. The intention is presently to grant the common European patent in the three main languages, being English, French and German. However, both Italy and Spain are formally objecting to this at present. The creation of a single common Europe patent system has recently hit a stumbling block in terms of how to actually enforce granted rights resulting from a unified European patent ...
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... the society. Developing countries have to offer patent protection, the lack of which has made many foreign firms shy away from investing in core sectors like pharmaceuticals and biotechnology, in these nations. As a result, people of these countries are forced to buy life saving drugs like those for cancer and have to pay ruinous prices. Once patent protection is available, there is a possibility for manufacturing most of the drugs that are being imported, eventually leading to a fall in the price levels. One of the difficult aspects of patent law is the principle that, whether a patent is to be issued to the person ... pay ruinous prices. Once patent protection is available, there is a possibility for manufacturing most of the drugs that are being imported, eventually leading to a fall in the price levels. One of the difficult aspects of patent law is the principle that, whether a patent is to be issued to the person who conceives the idea or who first files for a patent. Another international issue involving patents is countries that allow firms to steal and copy protected ideas, due to lack of severe legal enforcements or lack of interest. Either way it proves detrimental to the interest of the patent holders and such violations ...
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... in their financing decisions. Investors are very aware that less than half of the applications filed result in an issued patent. An indeterminate outcome for 4 or 5 years can represent a big road block to venture funding. In rapidly emerging technology sectors having a patent in hand may make the difference in getting funded or not. What to do. Accelerated patent examination, available through the US Patent and Trademark Office, can be an excellent solution if prosecuted correctly. It provides an opportunity to secure patent protection, usually in much less time as the normal process. Until now, there was significant uncertainty regarding meeting rather stringent ... patent in hand may make the difference in getting funded or not. What to do. Accelerated patent examination, available through the US Patent and Trademark Office, can be an excellent solution if prosecuted correctly. It provides an opportunity to secure patent protection, usually in much less time as the normal process. Until now, there was significant uncertainty regarding meeting rather stringent requirements to qualify. You would not know going in if accelerated examination would be approved, even though significant expense had been incurred attempting to comply with USPTO requirements. The USPTO is now moving forward with implementation of Track 1 of a new three track patent ...
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... be able to be patented? Is a patent the best form of protection for your idea? Is it worth even considering the patent process, bearing in mind the timescales and costs involved? Is there a market for your idea to justify the cost and time involved in applying to The Intellectual Property Office (UK)? Has anyone else patented my idea already? Patent applications need to be drafted to ensure as broad a scope of protection as possible but still narrow enough to be successfully granted. You can draft an application yourself but it is often worth getting a patent attorney to do it for you. Once ... important, for most people, that their idea has started to make money before then. For this reason it is often worth holding back on filing your patent until your idea is further developed and ready to either: present to companies to achieve a licensing agreement or almost ready to put into production. In the meantime, confidentiality agreements can offer a form of protection to help acquire the professional services you will need prior to filing your patent application. TOP TIP: You don't have to request The Intellectual Property Office (UK) examination for the first 12 months saving you some money. However, it ...
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... incentive to innovate because copying is so much easier. We see this today in countries with weak patent protection - copying is far more popular than innovating. However, bad patents can stifle innovation. A bad patent is generally over broad, protecting far more than the inventor invented. An over broad patent can stop all innovation in a large technology segment by giving one inventor all rights to a very general solution, even though the inventor never developed or even considered all of the solutions that are covered in her patent claims. Unfortunately, there are a disproportionate number of overboard patents for software inventions. One reason for ... . There are some restrictions, such as that the software must be embodied in a machine, but software inventions are regularly given patent protection. However, there is strong opposition to protecting software inventions, and many countries, particularly European Union nations, do not allow the patenting of software inventions. The opposition to software patents is based on a number of good arguments including that patents stifle innovation and competition, that many over broad and obvious patents were granted, and that the United States Patent and Trademark Office (USPTO) doesn't have the necessary expertise to evaluate software inventions. There is some truth to these arguments ...
Tags: software patent | software innovation | software patents | software invention |

... can be cost-effectively filed either before the 12 month deadline of their domestic patent application, for example, a UK patent application, or within 30 months of the priority date of their PCT worldwide patent application. However, the U.S Patent and Trademark Office ("USPTO") is currently estimated to have a backlog of around 700,000 patent applications which are waiting for examination. With this in mind, an applicant is presently having to wait nearly three years from filing to receive grant of their patent. In comparison to a UK patent application which can take up to four and a half years from filing to grant and ... which are waiting for examination. With this in mind, an applicant is presently having to wait nearly three years from filing to receive grant of their patent. In comparison to a UK patent application which can take up to four and a half years from filing to grant and to a European patent application which can take four or more years from filing to grant, this is still relatively quick. However, unlike the UK and Europe patent procedures, there is no specific request available for expedited examination, unless an applicant is over a certain age or the invention relates to a 'green' technology. In ...
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... Obtaining a patent can be fairly costly, and for SMEs, this cost can make a big difference when applying for patent protection. However, the 2011 Budget has announced that it will be introducing a significant increase in tax relief for innovative small and medium-sized enterprises, something which will come as a welcome incentive for those wishing to develop and protect their ideas. As of 1st April 2011, tax relief for Research ...
Tags: european patent | common european patent | common european | european patent system | patent system |

... , they do not include abstract principles, mathematical formulas or aesthetic or emotional reactions of human beings. Design patents provide protection for the ornamental aspects of a product. However, if the design is primarily functional rather than ornamental then it will not qualify for patent protection. A design may also be copyrightable, however unlike copyright protection, the design patent will not cover the design if it is applied to a type of product that is not covered by the patent. Plant patents encompass a very narrow area of patent law. Only asexually reproducible plants are patentable. Plants reproduced by seeds are not. Because of the exclusive rights patents ...
Tags: intellectual property | copyright protection | trade secret | trademark protection | patents |

... to arrange all the necessary documents to solidify your claim. Granting the USPTO has approved your application; it is assumed that you are entitled to carry out your products in the public and this time around you are already protected under the regular patency laws. With regular patent, you are entitled for a lifetime protection. On the other, if the office will not approve your application under several circumstances, you can file an appeal to reconsider your case, however it will take longer time again before a decision will be made. That is why, before initiating any steps, it is highly recommended ... assurance that those who violate your rights as the sole inventor will reap several consequences which include monetary and other charges once they are proven guilty. Considering that your time has almost lapsed, you need to visit USPTO again. This time, you need to file for regular patent application. This will serve as your lifetime protection. However, before the office will grant your petition, you need to prove that your invention will not cause any harm to the environment as well as to the people around. More so, you also need to prove that your invention is not labeled as "whimsical". In ...
Tags: Filing provisional patent | Filing a provisional patent |

... in KSR International Co. v. Teleflex, Inc. in 2007, broad claims were relatively easy to get. The United States Patent and Trademark Office (USPTO) and the courts used a standard for determining obviousness that made it difficult to combine even well-know ideas in showing that an invention was obvious. As a result, inventors and patent practitioners became accustomed to getting broad protection for very abstract, high-level software innovations. The KSR ruling has made it much easier for patent examiners to reject a patent application for an invention by combining ideas from multiple, often disparate sources to show that the invention was obvious. While ... well-know ideas in showing that an invention was obvious. As a result, inventors and patent practitioners became accustomed to getting broad protection for very abstract, high-level software innovations. The KSR ruling has made it much easier for patent examiners to reject a patent application for an invention by combining ideas from multiple, often disparate sources to show that the invention was obvious. While the KSR decision has significantly reduced the issuing of overly-broad patents, it has also made getting effective claims for software inventions more difficult. Patent applications are often rejected because the examiner finds a group of references that together include ...
Tags: effective software patents | software patent |

... required. Section 1.53 of the Patent Office rules sets forth the requirements for a filing date. In general, the provisional application must have a written description, any necessary drawings, and the name of at least one of the inventors. Conclusion The provisional application is a popular option for those unsure of how seriously they will pursue their inventions. After the provisional application is filed, the inventor may further investigate the market to determine if filing a formal patent application is worthwhile. The provisional application will provide some protection for an inventor who is afraid that others might beat him to the Patent Office. ... ?" Congress may have provided an answer in the form of a "provisional patent application". A "provisional" application is a "light" version of a formal patent application. Like an actual patent application, a provisional is filed in the Patent Office, and will serve to provide a date of invention, and a priority date. Unlike an actual application, a provisional application will not be examined by the Patent Office, and therefore can never issue into a United States Patent. Unless followed by an actual patent application within one year, the provisional application will be discarded by the Patent Office, and it will have no value to the inventor. If the ...
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... include a clear description of your idea, the date that you thought of it, your signature, and the signatures of two witnesses sating that they have witnessed and understand your invention, with dates. This is crucial to the protection of your invention, this original documentation will prove absolutely necessary if any person tries to steal or duplicate your idea before you get the actual patent. An inventor, you really can't continue with the patenting process without completing this first step. 2. Make your prototypes as soon as possible- You as the inventor need to be able to assess whether or not ... immensely with selling your idea 3. Protect your invention- Do not pitch your idea to anybody until they have signed a confidentiality agreement or a nondisclosure agreement if you don't think that your idea is patentable. If you know that your idea is patentable, you can file a provisional patent application for $110. Be discreet; be careful who you discuss your invention with and any discussion of your product should be recorded. Keep signed logs of any activity involving your invention. Always make any and all witnesses sign at least confidentiality agreements or risk having your idea stolen. 4. Build ...
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... new inventions had to be documented with the Republic as a way to achieve legal protection against potential infringers. This early statute laid down the standard principles of today's Patent Law. Inventions had to be both new and useful, the rights provided for the inventor were exclusive, the Patent was requested a limited time, and those who infringed on the patent could possibly be instructed to cease and desist all rivalling inventions relating to the Patent. At the same time, England's Patent method was becoming particularly corrupt. The Crown offered Patent privileges to individuals they deemed worthy, because this became a very good way of ... new inventions and was enforceable for a limited amount of time. The system of approving patents was primarily busy throughout the Industrial revolution, leading the practice to be adopted by other countries. The first United States Patent laws were introduced in 1790 with France following in 1791. In 1883, patent laws were internationalized during the signing of the Paris Convention. The essential premises of current patent law have been in place for over 400 years. This is not so incredible as you think about the awesome leaps and strides in technology over those 400 years. Even the past 50 years we have observed ...
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... ., defines the scope of protection being sought) the new and novel features in his patent application. Guess what? Now the machinist is a co-inventor. The same applies to the second example provided above: The software programmer becomes a co-inventor, if he suggests new and novel features for the software program which are disclosed and claimed in the resulting patent application. "The software programmer becomes a co-inventor, if he suggests new and novel features for the software program which are disclosed and claimed in the resulting patent application" In addition, inventorship is determined based on the claims of a patent application. Accordingly, if ... the invention development may be helpful for determining proper inventorship down the road. "keeping a lab notebook detailing the contributions made by each inventor during the invention development may be helpful for determining proper inventorship down the road" Accordingly, taking steps to ensure proper naming of inventors will help your patent from going down with the inventorship. Finally, it is important to find a patent attorney who takes the time to understand your technology, business model, and work processes to ensure that an IP strategy is executed in a focused and efficient manner. "it is important to find a ...
Tags: patent application | proper inventorship | novel features |

... are easy to identify. Protecting the elements of the invention relating to the data structures allows your code invention to be protected in another way. This protection strategy is particularly effective for inventions that are not easily identified through an interface, and creates very enforceable intellectual property. A competitor is also limited when ... Custom software makes up a significant portion of those non-tangible assets, and is often a critical a company's competitive advantage. Software inventions can be patent protected in the United States. The Supreme Court made it clear in its Bilski decision that processes and transformations performed by a machine are patentable subject ...
Tags: software patent | software invention |

... in the Transportation and Storage Services category and Delta Faucets are in the Houseware and Glass Products category. Since these industries don't overlap (no one is going to buy a plane ticket for Delta airlines and complain that they thought they were getting a kitchen faucet) the United States Patent and Trademark Office finds no harm in granting them trademarks for the same term.
Tags: trademark | logo protection | business name |

... thing people think of when faced with the word 'invention' is 'patent', but for many ideas, patents are not going to be an available means of protection. Obviously, this is something you will need to check out with a patent attorney, but even if the finished item will be patentable, the initial idea will have to undergo a degree of development and testing before the patent application can be filed. It is in this 'limbo' where the problems, - and the worry - often occur. Firstly, let us be quite clear: You cannot obtain a patent once your idea has entered the public domain. This means that ... of protection. Obviously, this is something you will need to check out with a patent attorney, but even if the finished item will be patentable, the initial idea will have to undergo a degree of development and testing before the patent application can be filed. It is in this 'limbo' where the problems, - and the worry - often occur. Firstly, let us be quite clear: You cannot obtain a patent once your idea has entered the public domain. This means that if you tell anyone else about it without placing them under a binding obligation to keep the information confidential first, your right to a patent ...
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... car that will work on solar energy then this is not patented, unless you have made a toy car which runs on solar energy. It is so because later thing is an application of the idea and previous thing was just an idea. Patent is not a permission to manufacture and sell products as manufacturers want; it is a protection for the owner against the illegal or unauthorized use of his invention. Therefore, it enhances the competitive advantage of the owner regarding product and increases his business benefits. First thing that will come in everyone's mind is that invention is somewhat ... for the inventor. If you have hit upon an idea that is novel and different from the existing ones and you have converted it into a product, you must get a "patent" for that to secure it and to make money from it by getting special rights to manufacture it or to sell its manufacturing rights ahead. If patent is completely a new thing for you, you must understand it completely. Patent knowledge is also necessary as there can be a chance that you won't have resources to manufacture that specific product at large scale. One misconception must be sorted out that ...
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