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Patenting in China
China grants 3 types of patents: invention patents, utility model patents and design patents.
The invention patent is similar to the utility patent in the U.S. The term of protection is 20 years from
. . . Changes to US Trademark Law - Courtesy of the U.S. Supreme Court By way of background, trademark law is intended to protect trademarks based on consumer perceptions. Per se trademark rules are sometimes incompatible with the goal of reflecting and protecting consumer perceptions. . . . Patent Term Calculation Imagine that you have just received official recognition of the novelty of your invention from the United States Patent and Trademark Office in the form of a Patent Grant. Congratulations! Then you notice the fine print on the inside sleeve of the patent grant jacket: "Patent Term Notice" and "Maintenance Fee Notice." What are they and what do they mean? . . . US Patents: Reissue or Supplemental Examination What is the Best Option? The America Invents Act (AIA) led to changes in the re-issue provisions and introduced a new procedure called the supplemental examination. Both provisions allow a patent owner to cure some defects or problems in a patent. What is the best option? The lawyerly answer is "it depends." . . . Alice Through the Looking Glass: Rising Confidence for Patent Eligibility The primary function of the patent system is to provide an economic incentive for greater invention and innovation. Granting any patent on the public's interest in "the basic tools of scientific and technological work" such as abstract ideas, laws of nature, and natural phenomenon would impede innovation rather than promote invention. Therefore, granting a patent . . . Viewpoint Discrimination in the U.S. Trademark Office The Lanham Act, enacted July 5, 1946, is the primary federal trademark statute of law in the United States. The Act prohibits a number of activities, including trademark infringement, trademark dilution, and false advertising. The Act also discloses what terms/words cannot be registered as a federal trademark. Section 2(a) of the Act states that "no trademark by which the goods of the applicant may be distinguished from the goods of others shall be refused registration on the principal register on account of its nature unless it - (a) Consists of or comprises immoral, deceptive, or scandalous matter; or matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute . . . Oh, Christmas Tree! Oh, Christmas Tree! How Lovely Are Your . . . Patents!? Christmas has become more commercial every year, but it has also become a fount of new technology and innovation. If you have ever read a patent though, you know that the language employed is not for the faint of heart. This Holiday Season, see if you can match up some . . . New Copyright Registration Rules Beginning on March 15, 2019, the Copyright Office eliminated the option for registering a collection of unpublished works using the Standard Application. This applies to literary works, performing arts, visual arts, other digital content, motion pictures, and photographs. Except for photographs, only up to 10 unpublished works may be registered using the new application form for a "Group of Unpublished Works." You can no longer . . . Overcoming Obviousness in Patenting One of the most frustrating events for a patent applicant is receiving an "obviousness" rejection. The term "obviousness" comes from 35 U.S.C. § 103 which denies a patent "if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have . . . Music Licensing for YouTube Content Creators YouTube estimates that 1.3 billion people use its site each year. Boasting more than 300 hours of video uploaded to its platform every minute, YouTube has become the popular choice for viewers and content creators alike, especially the latter. From amateur musicians performing cover . . . Invention Protection Life-Cycle Protection of intellectual property usually falls into three general categories: Copyrights: Protect the Expression of an Idea Trademarks: Protect the Identity behind an Idea Patents: Protect the Implementation of an Idea However, even the term "patent" may refer . . . Outsourcing to China and Nondisclosure Agreements When discussing new ventures or when contracting work to another party, a business often uses a standard nondisclosure agreement (NDA) to protect confidential information. Most businesses believe that using their standard NDA protects them sufficiently even when outsourcing work to China. Unfortunately, the standard NDA . . . Devil in the Docketing Details A very common misperception after a patent is granted is that there is nothing left to do. However, the United States Patent and Trademark Office (USPTO) requires further maintenance in order to keep the patent alive. Many inventors quickly discover the benefits of engaging . . . Common Questions and Answers Regarding Copyrights What is a copyright? A copyright protects the expression of an idea, such as a song, story or drawing (known as a "work"), not the idea itself. Copyright is established automatically when the author . . . Slogans and Trademark Rights Slogans can be powerful marketing tools. A few examples of registered trademarks are Coca-Cola's "Taste the Feeling" (2016), Under Armour's "It Comes From Below" (2017), and Greyhound's "…and leave the driving to us" (1964). However, not every slogan . . . Is a Picture Worth a Thousand Words? For purposes of Trademark or brand identity, which is more valuable, a logo or a business name? The following three photos may illustrate the point. . . . After all, a trademark is about protecting your brand identity. Do you know the companies who produced these products? . . . Preliminary or Do-It-Yourself Prior Art Searching The preliminary or do-it-yourself prior art searching actually involves two searches; a product search and a patent (prior art) search. You should do both before spending significant amounts of time and money on your idea. With the advent of the Internet and various Internet search engines such as . . . Giving Thanks for the IP Pie There are more reasons to protect intellectual property than there are recipes for pie. From protecting reputation, generating licensing revenues, marketing, branding, encouraging negotiation from competitors, and clarifying employee/employer ownership-the impact of intellectual property has only . . . Trade Secret or Patent: What Should a Business Do? Maintaining company information as a trade secret or seeking patent protection is a decision that depends on various factors. . . . What's in a Name? Due to the rising incidence of identity theft, there has been a surge in the number of corporations providing identity theft insurance. The idea of protecting an important identity is hardly a novel concept. In fact, the first law making it a crime to pass off another's identity as one's own was . . . The Tortoise and the Hare ~ A Patent Prosecution Parable ~ The recent holiday brought the parable to mind and resulted in the following stylized retelling of a real- world scenario. (For more information, check this tip on our website for links to the Original Case Mirror . . . Business Method Patents Revisited It has been about 3 years since the US Supreme Court decision in Alice Corp. v. CLS Bank changed the landscape relating to Covered Business Method (CBM) patents. Not all business method patents meet the . . . Is a Provisional Patent Application the Right Filing Strategy? Inventors seeking to patent an idea sometimes must decide whether to file a provisional application or a non-provisional application for patent. The non-provisional application is the formal . . . Are Defensive Publications Part of Your Company's IP Strategy? A defensive publication is an intellectual property (IP) strategy that preempts other parties from obtaining a patent on a product or method. The objective is to preempt competitors . . . Pitfalls of a Provisional Patent Application Inventors seeking to patent an idea sometimes must decide whether to file a provisional application or a non-provisional application for patent. In general, the provisional patent application can be . . . The Defend Trade Secrets Act (DTSA) The DTSA, signed into law in May 11, 2016, provides a procedure for trade secret owners to file civil lawsuits in federal court. This new law does not preempt (i.e. replace) any trade secret laws adopted . . . Exhaustion - When Does It End? The exhaustion doctrine, also referred to as the first sale doctrine, applies to the intellectual property rights granted to the owners of patents, trademarks, and copyrights. As it relates to patents, . . . Defensive Publications and IP Protection A defensive publication, or defensive disclosure, is an intellectual property strategy used to prevent another party from obtaining a patent. The strategy consists in disclosing . . . Protecting Trade Secret - Put simply, a trade secret is valuable business information that has actually been kept secret. Examples of trade secrets include the secret formula for Coca Cola, a company's customer list or its list of preferred suppliers that enable . . . Patent Exhaustion - What is It? A patent gives a patent owner the right to exclude others from making, using, selling, offering for sale, or importing into the U.S. the patented invention during the term of the patent. This promotes . . . Functional Language in Patent Claims - the Federal Circuit Finally Corrects Its Recent, Misguided Standard! Means-plus-function claiming is authorized by 35 U.S.C. § 112 6 ((f) under the recent America Invents Act). This law provides that an element in a patent claim for a combination may be expressed as . . . Update on Joint Liability in Patent Infringement In tort law, two or more parties may be jointly liable when the actions of the parties combine to result in harm. Does this theory of joint liability apply to patent infringement? In a long-awaited . . . How to Extend a Provisional Patent Application from 12 to 24 Months It is now possible to extend a US provisional patent application from 12 to 24 months. Well, not exactly. The U.S. Patent and Trademark Office launched a little known program called . . . Business Method Patents After Alice Corp. v. CLS Bank Int'l A recent US Supreme Court decision made it much harder to patent computer-implemented business methods. Although not the sole test, the US Supreme Court held in 2010 . . . Nondisclosure Agreements and China - A business might often use a nondisclosure agreement (NDA) as one strategy to protect confidential information when discussing new ventures or when contracting work to another party. Using a standard NDA, however, when outsourcing work to China is useless. . . . Virtual Patent Marking In patent infringement, a patent owner is able to recover damages for infringement only for infringing acts that occurred after the infringer had notice of the patent. Failure to properly mark . . . Trademark Incontestability Between the fifth and sixth years of registration for a federally-registered trademark, the trademark owner must file a statement of use declaring that the mark is being used in interstate . . . Intellectual Property Challenges of 3D Printing 3D printing can make a three-dimensional "photocopy" of a solid object of virtually any shape. In an additive process, successive layers of material are laid down in different shapes . . . Small Claims Tribunal in Copyright Office - Is It Time? After receiving numerous comments from copyright stakeholders about copyright claims considered too small for federal court, the Copyright Office . . . Trademark Rights in Slogans Slogans can be powerful marketing tools for a company's goods and services. A few examples of registered trademarks are Coca-Cola's "Refresh Together," Under Armour's . . . Are "Worthless" Patents Valuable? The term "worthless" means without practical value or usefulness. For patents, the term worthless is considered typically to mean an invention doesn't seem . . . Responding to a Trademark Cease-and-Desist Letter Despite best efforts to avoid infringing intellectual property rights of others, businesses of all sizes may nonetheless receive cease-and-desist letters that allege trademark . . . European Union Unitary Patent Package For years, the European Patent system has been very expensive and complex. After granting a patent, the applicant is required to validate the granted patent in each . . . New USPTO Fee Schedule - Timing Considerations The US Patent and Trademark Office (USPTO) recently published a fee schedule that will take effect on March 19, 2013. Some fees are going up; some fees are going down. . . . The America Invents Act - Several Major Changes Now in Effect The U.S. patent system has recently undergone the most significant reform since its formation. Many provisions of the Leahy-Smith America Invents Act of 2011 went into effect on September 16, 2012. These provisions streamlined the patent application process and . . . Should I Apply for a Design Patent? A design patent is a type of intellectual property that protects novel ornamental characteristics embodied in or applied to an article of manufacture. In contrast to . . .
Are You Secure in Your Copyrightable Works? For all your important copyrightable works, such as your website, your ad campaign, your smartphone app, etc., do you have signed agreements from all . . . Is Your Intellectual Property Working for You? A company's well-executed intellectual property (IP) strategy is an ongoing effort that can be critical for becoming and remaining . . . A Company's Trademark Can Be Its Most Valuable Asset Most companies don't realize it, but the company name is also its trademark. A trademark identifies everything about the company organization such as . . . Why Register Your Copyright? Discovering that one's work has been used without permission-stolen-incites ire in many authors of works eligible for copyright protection. To make matters worse, . . . Legal Documents of NH - Mesmer & Deleault, PLLC is pleased to announce the launch of our new website: www.legaldocsnh.com. Linked to our existing website, Legal Documents of NH was established to help our clients easily purchase documents online. . . Patent Reform: First-To-File, Disclosures, and Prior Art On September 16, 2011, President Obama signed into law the Leahy-Smith America Invents Act. The America Invents Act ("AIA") represents the most significant revision to the patent statute in several decades. . . . Options for Advanced Review in the US Patent Office It typically takes 20-30 months after filing a US patent application before the US Patent Office begins its examination. In most cases, patent applicants would like to shorten that time. Advanced examination of US pending patent applications may be obtained based on the applicant's age (at least one inventor must be 65 years of age or older) or based . . . Using a PCT Patent Application to Obtain Foreign Patents Many people are aware that a US patent can protect an invention in the US, but it will not provide protection outside of the US. Does this mean inventors are forced to file a separate patent application for each country in which they want protection? Thankfully, most countries around the world have recognized this problem and have entered into the Patent Cooperation Treaty (PCT). . . . You're a Writer and You Want to Publish Your Manuscript. How Do You Begin? One option is to publish the book yourself. The process begins by applying for an ISBN; an International Standard Book Number. The ISBN is placed on the copyright page and is encoded on a bar code (which must also be obtained). The ISBN/bar code is placed on the back cover of the book. . . . Offering a License to a Potential Patent Infringer? Watch Out! Say you are the owner of a US patent. You have discovered someone is infringing your patent rights. One way to bring a potential infringer in line is to offer that person a license to use your patent for a reasonable royalty payment. Watch out, though, this could raise some troublesome issues. In particular, . . . Digital Privacy Many companies nowadays are working with highly confidential company trade secrets. Their employment agreements require employees to keep the secrets and to not disclose them anywhere. These agreements often also have non-compete and invention assignment provisions that are intended to protect the employer's competitive advantage in the marketplace. . . . Business and Intellectual Property The key assets of any business are its people, its innovations, its trademarks, its know-how, and its goodwill - in other words, its intellectual property. Intellectual property has value in that it can . . . PCT Applications - Using PPH to Fast Track US Patent Applications Many companies and individuals file Patent Cooperation Treaty (PCT) patent applications. They do so not only as a precursor to filing foreign patent applications, but also as a precursor to filing patent applications in the United States. When filing a PCT application, the applicant . . . Does Your Competition Own Patents? Aim for a "Design Around" If you are working in or looking to enter an industry, you might be intimidated by certain patents that your competitors own. For example, if you are looking to produce widgets and your competitor owns a patent for widgets, you might think that your dreams of being a widget producer are doomed. However, this is not necessarily the case. There may be a way to use your competitors' patents to your advantage! . . . Information Protection - Is Your Company Proactive or Reactive? All companies possess commercially important or competitively sensitive materials and information. An effective company information protection system should be established and . . . Written Description and Enablement in Patents - What's the Fuss All About? Lately, there has been a dispute whether the Patent Act requires a written description of the invention that is separate from the requirement of a disclosure that teaches how to make and use the invention. The Patent Act states "[t]he specification shall contain a written description Patent or Copyright: What's the Difference? One can understandably be confused between the terms patent and copyright. Both are forms of intellectual property that find their roots in the U.S. Constitution, which gives the U.S. Congress the authority to grant certain rights for limited times. There are major differences, however, between a patent and a copyright. Common Law Trademark Unlike patent and copyright, which are creatures of the U.S. Constitution, trademark is a form of intellectual property that has been around for centuries. Back in the Middle Ages, the medieval guilds would mark their goods. The stamp on the barrel might say "Bass Ale" with a triangle logo, which is now called "England's oldest trademark." False Patent Marking? You Could be Fined up to $500 Per Article Savvy patent owners know that it is important to mark their patented articles as being covered by one or more patents. This is done by imprinting the articles or the packaging containing the patented articles with the words "Patent" or "Pat." followed by the patent number. Patent marking puts the public on notice that the articles are protected by the patent. Notice of the patent is a requirement for collecting any damages in a patent infringement suit. Virtual Worlds and Trademark Infringement - Should You Be Concerned? Virtual worlds are three dimensional environments created by software that provides a new universe in which users are able to create and market their own "in-world" content. Three-dimensional virtual worlds such as Second Life® are already being used for both business and pleasure. As in the real world, trademarks can exist in a virtual world. No matter in which world a trademark exists, each trademark serves the same ultimate purpose. It acts as a source identifier, an indication of goodwill associated with the provider of the goods or services. Whose Website? Whose Code? Nowadays, everybody has a website. Increasingly, websites are interactive with lots of sophisticated features installed by advanced website designers. Copyright belongs to the designer or author of a work. Therefore, it is important to have a clear contract before the design work starts. Have You Recorded That Patent Assignment? Patents and patent applications have the legal status of personal property. During the life of a patent, there are many situations in which its ownership status should be recorded with the US Patent and Trademark Office (USPTO). Are Medical and Surgical Procedures Patentable? In most foreign countries, medical and surgical procedures are not patentable. Foreign patent laws often explicitly state they are not. New and nonobvious medical and surgical procedures in the U.S., however, are considered patentable subject matter under U.S. patent law. Zombie Trademarks - What are They? There are many famous brand name products that are no longer made. They may have been famous in their day, and can still evoke nostalgic feelings when they are mentioned. If a trademark is not used for three years, it is abandoned and its registration cannot be renewed under the Trademark Act. This is true even if the owner intends to resume using it someday. Your competitors are using patents to gain a business advantage, shouldn't you? A common misconception is that the sole purpose of a patent is enforcement, in other words, the power to sue infringers. The value of a patent is much greater than the ability to sue. Patent portfolios can be used to further your business goals in many ways. Achieve Lower Patent Application Costs While Getting a Better Patent - All inventors want to lower their patent application costs while maintaining high quality patent protection. Software and Business Method Patents - The Changing Landscape It's been more than ten years since the Court of Appeals for the Federal Circuit issued its opinion in State Street Bank. Design Patents: Stronger Now Than Before! The Court of Appeals for the Federal Circuit issued an opinion last month in Egyptian Goddess v. Swisa, decided 9/22/2008, that upheld the "ordinary observer" test for design patent infringement and did away with the "points of novelty" test. The KSR Decision: the Aftermath One Year Later It has been more than a year since the U.S. Supreme Court handed down what some have called the most far-reaching patent judgment in decades. Police Your Trademark Trademarks are valuable intellectual property because they identify your goods or services are coming from a particular provider, you, your company or your organization. You Have an Idea for an Invention . . . Now What? You have an idea for a new invention . . . but you don't know what to do. Here are some steps that will help you make your idea succeed. Avoid Trademark Scams Sometimes trademark applicants receive official-looking correspondence in the mail that is not from Mesmer & Deleault or from the United States Patent and Trademark Office ("USPTO"). Inventions, Patents and Pre\liminary Prior Art Searching What You Can Do! Before having a patent attorney draft a patent application on your invention, it is a good idea to have a patentability / prior art search done. The Provisional Patent: It Does Not Exist! Many people have a misimpression about the so-called Provisional Patent. There isn't anything in the US called a Provisional Patent. What is a Copyright? Copyright protection is the protection accorded to almost anything that can be written down and read again. US Patent Practice Rule Changes The US Patent Office recently adopted new rules effective as of November 1, 2007. The changes will affect the examination of US patent applications. What Does the KSR Decision Mean to My Patents? The U.S. Supreme Court recently handed down what some have called the most far-reaching patent judgment in decades. Outsourcing, Intellectual Property, and Fiduciary Duty A fiduciary is an individual, corporation or association holding assets for another party. Often, the fiduciary has the legal authority and duty to make decisions regarding financial matters on behalf of the other party. What's the Difference between Trade Name and Trademark? We are often asked by our clients to "register a name." A client has invented a product or started providing a service, and has come up with a name. Inventor's Notebook . . . A How-To Guide The US Patent System is a first-to-invent system . . . thus, it is important that you inventive types keep accurate notebooks on your various inventions. Business Methods - Are They Patentable Around the World? Even though business methods are considered patentable in many jurisdictions, patentability requirements vary according to local law. New Accelerated Patent Examination Procedure The U.S. Patent and Trademark Office ("USPTO") has instituted a new accelerated examination ("AE") procedure for patent applications. What Does the KSR Decision Mean to My Patents? - The U.S. Supreme Court recently handed down what some have called the most far-reaching patent judgment in decades. Memos of Invention and Notebooks - Scientists and engineers typically maintain laboratory notebooks as an important first step in the invention process. Should I Register My Trademark with the US Trademark Office? - Clients always question the need for registering their trademarks. There is no requirement to register a trademark unless you use the trademark also as a business name. PCT Filers Now Have Cheaper Search Option - Patent applicants who use the Patent Cooperation Treaty ("PCT") to file international patent applications have long been able to select either the United States Patent and Trademark Office ("USPTO") or European Patent Office ("EPO") to perform the prior art search. Using a Federal Agency to Help You Protect Your Trademarks and Copyrights - US Customs and Border Protection (CBP) is an agency of the US Department of Homeland Security dedicated to protecting against the importation of goods that infringe intellectual property rights. Patent Infringement Insurance - Protecting your inventions with patents is a very important part of a business strategy. Patents cost thousands of dollars to obtain, but can you afford to enforce your patent if someone infringes it? How to Spy on Your Competitor's Patent Applications - Legally! - It is important to be on the cutting edge of technology for many companies. Companies that come in second place sometimes do not survive. Police Your Trademark - Trademarks are valuable intellectual property because they identify your goods or services are coming from a particular provider, you, your company or your organization. Are You Using Your Trademarks Properly? - Inconsistent use, display or appearance of your trademark can undermine the strength of your mark. Your Trade Secrets: Are They Properly Protected? - When a company attempts to institute a policy or procedures to protect the confidentiality of trade secrets, a number of general principles of trade secret law must be kept in mind. What is an Intellectual Property Audit and Why Should You Periodically Do Them? - The intellectual property audit (IPA) is a procedure - or more appropriately a plan created by an audit team - to realistically and creatively assess what intellectual property assets are owned, the strength of those assets and what opportunities exist for leveraging those assets. International Trademark Application Now Possible! - Why? Since November 2, 2003, US trademark owners are now able to submit international trademark applications to the US Patent and Trademark Office (USPTO) for forwarding to the International Bureau in Geneva, Switzerland. An "Offer to Sell" Your Invention May Prevent Its Patentability - You have invented a device. You're eager to make money by selling your new device to various buyers. Software and Contract Law Protection! - Contracts have proven to be an extremely useful source of legal protection for software owners. These contracts are known as license agreements. Federal Trademark Applications - Can you Go It Alone? - Maybe! But, can you really afford a misstep regarding the name that consumers will equate with your company and the assets and goodwill that trademark could represent? Patents and the On-sale Bar - Under the "on-sale bar," a person is not entitled to a patent if the invention was on sale in this country more than one year prior to the date of the application for patent in the United States. Determining Patent Inventorship: Who is an Inventor? - By law, the inventors on a patent are the invention's original owners. Thus, the proper naming of inventors is a very important task. New International Trademark Application Coming Soon! - Beginning in November 2003, US trademark applicants will have the opportunity to file one international trademark application for simultaneously seeking protection in multiple countries. Inventor's Notebook . . . A How-To Guide - The US Patent System is a first-to-invent system . . . thus, it is important that you inventive types keep accurate notebooks on your various inventions. Improving Success of Your Idea(s) - You have an idea. You think it holds promise but you're not sure how to proceed. What's a Provisional Patent? - Many people have a misimpression about the so-called Provisional Patent. There isn't anything in the US called a Provisional Patent. Whose Invention Is It Anyway - Employee's or Employer's? - When an employee's invention hits the jackpot, who owns it - the employee or the employer? The International Patent - Does It Exist? - The short answer is NO. Patents are territorial; that is, each country regulates patents in its own country. Global Patent Protection - Cost Effective and Achievable - Global patent protection is important because patents are territorial in nature. They only allow the patent owner a means of preventing infringement that occurs within the country or region granting the patent. Protect Your Domain Name - When the time comes to pay a fee to renew your domain name, pay it. Do not be late. If your domain name lapses, even for a minute, someone else might buy it. Improving Success of Your Idea(s) - You have an idea. You think it holds promise but you're not sure how to proceed. The Provisional Patent: It Does Not Exist - Many people have a misimpression about the so-called Provisional Patent. There isn't anything in the US called a Provisional Patent. You can file a Provisional Patent Application, but it is not and will not result in either an issued patent or even a "provisional patent." The provisional patent application does very little toward actual protection of your invention. Your Trade Secrets: Are They Properly Protected? - When a company attempts to institute a policy or procedures to protect the confidentiality of trade secrets, a number of general principles of trade secret law must be kept in mind. What is an Intellectual Property Audit and Why Should You Periodically Do Them? - The intellectual property audit (IPA) is a procedure - or more appropriately a plan created by an audit team - to realistically and creatively assess what intellectual property assets are owned, the strength of those assets and what opportunities exist for leveraging those assets. You Have an Idea . . . Now What? - You have an idea for a newfangled invention . . . but you don't know what to do. Here are some steps that will help you make your idea succeed. Your competitors are using patents to gain a business advantage, shouldn't you? - A common misconception is that the sole purpose of a patent is enforcement, in other words, the power to sue infringers. The value of a patent is much greater than the ability to sue. Patent portfolios can be used to further your business goals in many ways. What are some other reasons why many companies or inventors obtain patent protection? Invention, Confidentiality and Patents: What you do could hurt you! - You have invented a new device or an improvement on an old device. It has potential world-wide applications. You're eager to bring it to market. After requesting proposals from various sources, you've found a manufacturer willing to make it at a reasonable cost. Recent Changes in Federal Patent Law: American Inventors Protection Act - "In 1999, the Congress of the United States passed the Intellectual Property and Communications Omnibus Reform Act." Website Pitfalls: Copyright - "Everybody's getting a website these days. Website designers are popping up like mushrooms. " Weblaw: Watch Out! - "Metatags - You got your terrific new website up and running." Copyright: What Is It? - "Copyright is a form of protection provided to the authors of original works of authorship, including literary, dramatic, musical, artistic, and certain other intellectual works." Invention, Confidentiality and Patents: What you do could hurt you! - "You have invented a new device or an improvement on an old device." Global Patent Protection - Cost Effective and Achievable - "Global patent protection is important because patents are territorial in nature. They only allow the patent owner a means of preventing infringement that occurs within the country or region granting the patent." E-Commerce Business & Software Patents - "Do you have a unique way of conducting business? Are you conducting business online or thinking about moving your business into the electronic age?" Monitoring Your Trademark: "If You Snooze, You Lose" - "Your trademarks can be among your most valuable assets." Who Owns the Copyrights in the Creative Work That Others Have Done For You? - "Many companies use the services of graphic artists for designing marketing and informational brochures." The Intellectual Property Audit - What Is It? - "Intellectual Property (patents, trademarks, copyrights and trade secrets) can often be among your company's most valuable assets." Your "Trade Secrets" Audit - What's so great about your business? Usually, it's a combination of people and knowledge. Trouble is, your people can walk out the door with your Company's knowledge. They might use that knowledge to compete against you. What can you do? Whose Invention Is It Anyway - Employee's or Employer's? - When an employee's invention hits the jackpot, who owns it - the employee or the employer? Without an "Assignment of Inventions" Agreement, the employer may have significant rights to the patent, it may have "shop rights," or it may have no rights at all. Inventor's Notebook . . . a How-To Guide - The US Patent System is a first-to-invent system . . . thus, it is important that you inventive types keep accurate notebooks on your various inventions. Under the US system, notebooks are important evidence of invention when two or more people independently invent similar devices and each applies for a patent at about the same time. Where a US patent bestows certain exclusive property rights on an inventor, evidence of inventorship, i.e. a notebook, may be the deciding factor as to who is entitled to the patent. The following are rules to follow when keeping your inventor's notebook. Trade Secret and Confidentiality - If you are in business, you should probably be thinking about your trade secrets. These are usually matters of information known only to you and your staff that are very valuable to your business. Included would be such things as your customer list, your price list, and your vendor list. You might also have standard operating procedures and training manuals that lay out the special methods and policies that give your business a competitive edge. You would not want any of these things to fall into the hands of your competitors. You should take steps to protect your valuable trade secrets. Global Patent Protection - Cost Effective and Achievable - Global patent protection is important because patents are territorial in nature. They only allow the patent owner a means of preventing infringement that occurs within the country or region granting the patent. A US patent, for instance, does not give its owner any rights in foreign countries. Yet, filing for a patent in every country is expensive. Who owns the copyrights in the creative work that others have done for you? - Many companies use the services of graphic artists for designing marketing and informational brochures. If your company is commissioning others for creative artwork or text for brochures, advertising, manuals, anything, keep your copyrights in mind! Under Copyright law, the author of the work owns the copyright unless the work is one that is considered a work-made-for-hire. There's more than money in your ideas!!! - You may have some very valuable intellectual property rights in your ideas, trademarks, informational publications, and trade secrets that are worth protecting. The Federal Government recognizes the value in these intellectual property rights and has adopted various Federal Statutes to help you protect those rights. Invention, Confidentiality and Patents: What you do could hurt you! - You have invented a new device or an improvement on an old device. It has potential world-wide applications. You're eager to bring it to market. After requesting proposals from various sources, you've found a manufacturer willing to make it at a reasonable cost. You've identified which trade channels are best to introduce your new product or improvement. Economically, the retail price is in a range acceptable to the consumer. So now you file a patent application to protect your rights. You've covered all the bases, right? Maybe not! Filing a Disclosure Document in the US Patent & Trademark Office - NO . . . Some inventors believe that filing a Disclosure Document in the US Patent and Trademark Office under its Document Disclosure Program (DDP) is sufficient to protect their rights in their invention. Contrary to this belief, the DDP does not provide patent protection nor does it reserve rights in the inventor's creation against independent creators or copiers. Patent No., Patent Pending and False marking! - In the patent area, the terms Patent No. and Patent Pending have specific meanings which designate specific rights that the patent owner possesses. Under patent law, the owner of a patent may mark products that are the subject of an enforceable patent with the patent serial number. The purpose of marking the product is to put others on notice that the owner of the patent has certain protectable rights. Who owns the copyrights in the creative work that others have done for you? - Many companies use the services of graphic artists for designing marketing and informational brochures. If your company is commissioning others for creative artwork or text for brochures, advertising, manuals, anything, keep your copyrights in mind! Under Copyright law, the author of the work owns the copyright unless the work is one that is considered a work-made-for-hire. Small Business and Independent Inventor Resources - The following information is provided as a service to the independent inventor and to small business enterprises which may have very creative product or process ideas but don't know what to do to bring them to the marketplace. The following list is by no means exhaustive. It is only a starting point for information gathering relating to marketing, manufacturing and financing sources for new product and process ideas. There's More Than Money in your Ideas!!! - You may have some very valuable intellectual property rights in your ideas, trademarks, informational publications, and trade secrets that are worth protecting. The Federal Government recognizes the value in these intellectual property rights and has adopted various Federal Statutes to help you protect those rights. |
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