FOREIGN TRADEMARK FILING: What You Need To Know In A Nutshell
Posted on May 19, 2008 - Filed Under Law | Leave a Comment
Trademark, Foreign Filing, Intellectual Property, Madrid Protocol, Law
Foreign Trademark Filing: What You Need to Know in a Nutshell
This is what I hear from many clients: “the trademark you filed for us will protect us in foreign countries too, right?? Wrong! As with patents, trademark registrations only cover the country in which they are filed. So your US trademark application will only bestow trademark rights in the United States and not beyond. Therefore, in order to protect your trademarked word or design in Japan, or Germany, or whatever country you’re concerned about, you will need to file a trademark application in each of those countries. This can get costly very quickly. But wait, there is a solution?
Read More..>>Utility Patents - Part I
Posted on April 3, 2008 - Filed Under Legal and Law | Leave a Comment
A utility patent serves an important purpose. This article will go over that purpose and how it affects you.
The utility patent; this is what most people think of when they think of patents at all. Utility patents are awarded in the case of inventors who have designed a new machine, or discovered a more useful way to do something. A utility patent is also given for a new type of “matter” which is invented. The most common examples of utility patents are those filed by pharmaceutical companies for a new medication. Another example of a utility patent would be a new computer system and all the hardware parts associated with it. Overall, a utility patent is more concerned with the function or the job of the invention. The function of the invention should be thoroughly described on the application. A utility patent is granted for a period of twenty years from approval of the patent.
Read More..>>Utility Patents, Part Ii
Posted on April 2, 2008 - Filed Under Legal and Law | Leave a Comment
Provisional Utility Patents
Provisional utility patents are common for inventors who need a quick patent, but do not have time to wait for a regular one. By filing a provisional patent, the invention is granted a “temporary” patent until a more detailed application can be filed.
Read More..>>Ideas And Inventions- What To Do When You Are Inspired
Posted on April 1, 2008 - Filed Under Legal and Law | Leave a Comment
It all starts with an idea. You think, “Wouldn’t it be great if…” But now what?
The good news is that even if you are not the first to come up with your idea, you could very well be the first to do something about that idea. Maybe it’s not even unique. An improvement to an existing product or process could just as well place you on the path traveled by other successful inventors.
Read More..>>Intellectual Property:trade Mark Infringement - Pharmaceutical Product - Exhaustion Of Rights
Posted on March 31, 2008 - Filed Under Legal and Law | Leave a Comment
In the case of Bolton Pharmaceutical Co 100 Limited -v- Swinghope Limited and Others [2005], the claimant was the new owner of a trade mark registered in respect of a pharmaceutical product which was commonly used to treat hypertension. It acquired the product from AZ, another pharmaceutical company, in September 2004, who had previously sold its trade mark rights to a Spanish company.
The claimant acquired the trade mark in the United Kingdom, and later realised that the product was being imported into the UK by certain third parties, including the defendant, and bearing its trade mark. They had not sought the claimant’s consent and the claimant therefore commenced proceedings alleging that the defendants were illegally impinging on its market and as a result, they were causing the claimant ‘harm’. The claimant applied for summary judgment.
Read More..>>Patent Search: Sixth Sense?
Posted on March 22, 2008 - Filed Under Legal and Law | Leave a Comment
How to conduct an effective patent search?
To conduct an effective search, it is always better to start writing a brief description of what your invention is all about. To begin with, state the problem and solution to overcome it. Your solution might be in the form of novel process, product, device, apparatus, article or mere ornamental design. A comprehensive search strategy will include three main inevitable steps and they are:
(1) General key words search = More hits
(2) Classification codes search = Cannot be determined (depends on the subject matter of invention)
(3) Hybrid search (classification code(s) + keyword(s)) = Relatively less no. of hits (depends on the subject matter of invention)
Patent History, Part Ii
Posted on March 17, 2008 - Filed Under Legal and Law | Leave a Comment
The Patent Act was further amended in 1836, when it was realized that a more thorough description was needed; without a thorough description of the invention, it was harder to file a lawsuit against someone accused of illegally using the patent.
After this amendment was made to the way in which patents are described, the patent act underwent major changes in 1836. These changes were the result of complaints lodged against patented items, which were not found to be new ideas. Eventually, the patent laws were changed to reflect that an invention had to be novel.
Read More..>>Patentability Criteria
Posted on March 16, 2008 - Filed Under Legal and Law | Leave a Comment
“What criteria must an idea meet to qualify for a patent?” “What is the benchmark for evaluating whether an invention is new and non-obvious before it is granted a 20 year monopoly to exclude others from making or using the invention?” While the criteria for obtaining a patent may appear subjective, in fact, the criteria for patentability is fairly objective and well defined in patent law.
Read More..>>Introduction To The Patent Bar Exam
Posted on March 14, 2008 - Filed Under Legal and Law | Leave a Comment
The Patent Bar Exam is an exam given to those seeking to practice and prosecute patent applications with the United States Patent and Trademark Office (USPTO). Those that pass the exam become either a patent attorney or a patent agent. A patent attorney is someone that has usually completed law school and passed a state bar exam. A patent agent is someone that has not passed a state bar exam, but has passed the patent bar exam. Note: it is not necessary to have a law degree to become a patent agent. A person can become a patent agent as soon as they have completed their undergraduate course requirements and graduated from an accredited college. There is very little difference in terms of patent prosecution work between a patent attorney and a patent agent. If you are considering a career in patent law, it would be wise to consider taking the patent bar exam prior to going to law school, as this will often help you in your future legal job search.
Read More..>>5 Ways To Protect Your Idea-for Less Than $30
Posted on March 13, 2008 - Filed Under Legal and Law | Leave a Comment
For all of the people out there who can’t afford the $5,000 for a patent this book is for you. Even if you can afford the cost and you would just like to add some extra protection you have
come to the right place. Most people assume that a Utility patent is the only form of protection available to you. In this book I will show you 5 ways to protect your idea, each way cost $30 or less. Through extensive research I have gather these tips to make inventing accessible to all. Well if you are ready lets get this show on the road.