Licensing Your Copyrighted Works

If you’ve taken the necessary steps to register your copyrighted works, you inevitably will have an opportunity to royalties off of them. To take advantage of the opportunity, you will need to be familiar with copyright license agreements.

If you’ve taken the necessary steps to register your copyrighted works, you inevitably will have an opportunity to royalties off of them. To take advantage of the opportunity, you will need to be familiar with copyright license agreements.

Copyright License Agreement

A copyright license agreement sets for the terms under which a third party can use your content. In legal language, you will the “licensor” with the other party being the “licensee.” The purpose of the agreement is to set forth the terms under which you, the licensor, will grant the third party, licensee, the right to use, publish or reuse your copyrighted work in exchange for a royalty. Let’s take a closer look at key components of the licensing agreement.

Specific Rights Granted

This may sound obvious, but the agreement needs to detail exactly what copyrighted material can be used. If you have copyrighted articles, are you granting a right to use all of the articles or only certain ones? It is highly recommended that the agreement contain a detailed description of the exact materials being covered.

Once you agree upon the exact materials, you need to determine any restrictions on how the material can be used. Can the material be used on the Internet or will it be restricted to a certain niche’ such as manuals or collections of materials?

An extremely important issue is whether the agreement grants exclusive or non-exclusive rights. In English, this simply defines whether the licensor can grant similar rights to other parties. The grant of exclusive licenses should require a much larger royalty rate since you are essentially betting the third party will be successful.

Licensing Royalties

In exchange for your copyrighted work, the third party is going to make royalty payments to you. The particular amount of the royalty is dependent upon the nature of your work. Issues to consider include:

1) Will you be paid a flat amount or percentage of sales?

2) If a percentage, will it be figured from gross revenues or something less?

3) How often will you be paid?

4) What rights will you have to audit the books of the third party to determine you are getting the full royalty?

In some situations, you may decide to forgo a royalty payment. This usually occurs when the third party will use the materials in manner that produces massive publicity for you. For example, many professionals seek to right columns for publications as a marketing tool. Often, they will not charge the publication for the material because the resulting publicity carries enough of a benefit.

In Closing

If you are considering licensing copyrighted content, keep the above in mind. Since such agreements are difficult to break, hiring an attorney is worth the expense.

If you are looking for an experienced IP services in Vietnam to help you with your IP application, you should visit ANTLawyers.vn. Our attorneys have experience with the IP process and will work closely with you as you apply for your IP.

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How to Register Trademark in Vietnam?

Trademark protection in Vietnam is initially obtained through trademark registration.  Litigation is the final measure to handle dispute during trademark protection.

Trademark is a sign that help distinguish the goods or services of one enterprise from those of others. Together with industrial design and patent, trademark of goods and services plays an extremely important role for the growth of the enterprise. Trademark establishes a link between enterprise and customer.  A strong trademark will attract customers to use goods or services. When trademark is popular and economic benefits achieved through sale of goods or provision of services coupled with trademark is large, the violation of trademark is inevitable.

The annual reports of the Vietnam National Office of Intellectual Property (NOIP) prove that trademark violation in Vietnam is the most popular, among other industrial property rights.  According to the preliminary annual report in 2011, and 2012, there has been more than 1,000 cases of trademark violations each year.  Report of 2013 shows more than 2,000 trademark infringements were handled with the total fines of trademark violators of around USD 1 million.  Having said that, it is important for trademark owner to register trademarks in Vietnam for better protection. This is also suggested for even well-known trademarks.

For registration, trademark owner has two options: either directly register trademark in Vietnam by filling an application for registration with the Vietnam NOIP, or seek the protection in Vietnam through Madrid’s system.  For the first option, the trademark owner needs to prepare, file for registration, and pay fee as the requirement of Vietnam Intellectual Property law.  In case trademark needs to be protected in a number of nations, including Vietnam, trademark owner may register trademark through Madrid’s system.

Where the violation of trademark occurs, trademark owner needs to judge the level of infringement, level of damage to choose suitable resolutions.  Initially, the trademark owner may protect by requiring to the trademark violator to terminate the infringing acts, apologize, and rectify. In case of being damaged, trademark owners have rights to claim compensation.  If failing to reach result, trademark owner may use settlement mechanism through negotiation or mediation or could request the competent state agencies to handle acts of infringement through i.e. filling a denunciation application and submitting to the Vietnam NOIP.  Litigation might be required to handle acts of infringement.  Generally, the proceeding of civil litigation is more complex than the arbitration proceeding. In cases the trademark owner needs a decision from court in order to end trademark infringement, civil litigation is top priority. In the remaining cases, arbitration is a better choice with advantages of cheaper cost, shorter settling time, and more flexible.

If you are looking for an experienced IP services in Vietnam to help you with your IP application, you should visit ANTLawyers.vn. Our attorneys have experience with the IP process and will work closely with you as you apply for your IP.

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Toyota patent shows device that can make car pillars transparent

Long gone are the days of narrow roof pillars that not only looked good from the outside but provided optimal visibility from inside the cabin. Safety standards, while necessary, have enlarged car pillars to sizes that sometimes make it pretty difficult to check surroundings.

Toyota may have something to counter the annoyance of massive pillars, per its latest U.S. patent. The Japanese automaker has detailed a device of sorts that makes a vehicle's A-pillars completely transparent. No, it's not wizardry, some James Bond gadget, or even video cameras. It actually involves mirrors.

By carefully placing mirrors, Toyota's patented cloaking device makes it possible to bend light around an object—in this case, a vehicle pillar—and see the other side of it. This sort of technology already exists today, but with the help of cameras and other expensive components. Therefore, Toyota felt a more practical and less expensive option was deemed necessary.

It's not clear if and when Toyota will implement the cloaking device solution, but the patent was filed by the company's American arm. With that said, it's likely the solution would be implemented on the automaker's U.S. cars and trucks. We may not ever see a day when thin, creatively-crafted vehicle pillars return, but we suppose at least seeing around the massive structures is better than nothing.

 

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Source: Motorauthority

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How to Handle Trademark Infringement in Vietnam?

Counterfeit destroys businesses, business environments, markets as well as the image of the country. Handling trademark infringement in Vietnam has been practically challenging.

 

 

Vietnam government has been trying to curb the counterfeits however the results are limited. The counterfeit business generates huge profits due to the gap price anywhere in the world. Almost goods which is either popular or luxury, high or low-value of either domestic or foreign brands are being counterfeited, imitated in Vietnam.  Falsification of household goods, food, cosmetics, shoes and items of higher value such as bags, watches, glasses, etc may be found all over Vietnam. For effective anti-counterfeit, we need a close cooperation among the authority agencies in inspection, control of production, import and circulation in the market.  The Southern Department of Goods Quality Control in Vietnam in one of its regular inspections when cooperating with competent agencies in Ho Chi Minh City found after checking 79 stores with 416 items including: oil, helmets, toys, electronic devices that 33.89% of goods of unsatisfactorily labeled, 14.5% unsatisfactory quality. Where the consumers buy counterfeit goods, they could and should report to State authorities, Anti-Counterfeit and Brand Protection Association as an effort to contribute to curbing counterfeit in Vietnam.  The international brands being infringed could request assistance from local law firm in Vietnam.

ANT Lawyers’ Intellectual Property lawyers in Vietnam have assisted a number of clients being foreign brands in its effort to protect their intellectual property and industrial property rights in Vietnam under Intellectual Property Law through advisory, and implementation service.

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What is Intellectual Property?

Intellectual Property is the product of your thinking that can be used for commercial value. In other words, you think of a song and write down the words – you have the legal right to prevent others from copying or making a song based on your lyrics. This right you have can make you money if someone is willing to pay you for your song. Maybe your boss asked you to write a computer program. Who owns the work? You may have designed a new mouse trap and have the design on computer. Or you have created a distinctive logo for your company. But Intellectual Property goes deeper than songs or even copyrights. Let’s examine the four main areas of Intellectual Property law: Trade Secrets, Copyrights, Trademarks and Patents.

 

Trade secrets give the owner a competitive edge. If some information has value to competitors and they don’t know about it – then it’s a trade secret. If the information was not kept reasonably safe (secret) then it’s not a trade secret. Trade secrets may be sold with the business or stolen from bad employees. Maybe a former employee didn’t sign a non-disclosure statement before going to work at the competition. Some also reverse engineer software to gain the source code. This highly protected source code for computers is their trade secret, giving them an advantage over the competition. The trick is you have to keep your trade secrets as such, secrets.

Copyrights protect all kinds of writing by singers, writers, programmers, artists, etc… These are the best known of all intellectual property. Registering with the US Copyright office can enhance the automatic protection. You must have your copyright material on paper, tape, or computer. Copyright protection applies to the “literal expression.” It doesn’t protect the “underlying” theme of the writing. It must have some creativity. You can’t copyright a simple list. You don’t actually have to have a copyright notice since March 1st, 1989. The recommended notice is “copyright” year author’s name. For example, this article will have a copyright. Copyright 2005 Stuart Simpson. But it is not necessary.

Trademarks must be aunique name, design, symbol, logo, color, container, etc…that businesses use to distinguish their goods from others in the same market. You should have a strong name for a mark, as common words receive less protection. Like Stuart’s Cold Ice Cream Company. My name and the descriptive term (cold) are weak marks. But a distinctive name like Netflix, is a strong mark. Netflix is technically a “service” mark. It falls into the same category as trademarks. Your trademark must be submitted to the US Patent and Trademark Office (PTO). But first, the mark must be put into use “in commerce that Congress may regulate.” This means you have to sell across state lines or have a business that caters to interstate or international travelers. After you do this, you can file another form to show the mark is actually being used. The PTO checks for similar marks. You can’t use the circled R just yet. You can only use this if your logo or mark has been registered.

 

Patent law gives inventor of new and special invention the right to use this invention for a fixed period of time. The US Patent and Trademark Office (PTO) must find that the invention qualifies for patent protection. Your invention has to be new and novel, not obvious. What do you do with a patent? Normally, the inventors get a license agreement with a company to produce the product for a period of time. In exchange, the company pays the inventor royalties for each item sold.

Intellectual property goes further in depth on each of these items. I wanted to give you a brief description to help broaden your knowledge base when writing, creating or inventing. If your work falls into one of the above categories, do more research. I will be writing on each specific area in the future.

Author: Stuart Simpson

Source:.Articlecity.com 

If you are looking for an experienced IP services in Vietnam to help you with your IP application, you should visit ANTLawyers.vn. Our attorneys have experience with the IP process and will work closely with you as you apply for your IP. We routinely match inventors with experienced IP attorneys for a free consultation on our platform and offer a money back guarantee. 

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What is a trademark anyways?

We're not necessarily talking about Elvis' trademark sideburns or Catherine Hepburn's trademark voice, but that's not too far from the path.

 

They're everywhere you look, and yet do you really know what they are? Trademarks are a strange animal and t's necessary that you get to know them if you have business endeavors of any kind. Whether you're making your own trademark or using other trademarks, there's a whole lot to learn.

We're not necessarily talking about Elvis' trademark sideburns or Catherine Hepburn's trademark voice, but that's not too far from the path.

They're everywhere you look, and yet do you really know what they are? Trademarks are a strange animal and it's necessary that you get to know them if you have business endeavors of any kind. Whether you're making your own trademark or using other trademarks, there's a whole lot to learn.

The definition of trademark is a pretty simple one. It's only later that the topic gets complicated. Basically, a trademark is just a sign of some kind that distinguishes a company from all the rest. Trademarks sit under the umbrella of “intellectual property.” A trademark can come in many different forms. Maybe it's an image or a a turn of phrase. Paris Hilton was recently poked fun at for trademarking the phrase “that's hot.” Indeed, there's a lot of controversy over what can and should be trademarked.

Are you thinking about buying some intellectual property? If you do, you will be able to take people to court if they use your trademark without permission. It's important that your company has a signature and unless it's protected, it's useless and can be used by just about anyone. A trademark might seem a simple concept enough, but if you overlook the issue, it could cost you a lot down the road.

When talking about trademarks, you're bound to get into some murky water. For instance, some marks, logos, phrases, images, etc… become trademarks over time, if by chance they simply grow to become synonymous with a particular product or service. When we think of trademarks in this way, it's pretty apparent that a trademark is not a narrow concept at all. Anything that conspicuously distinguishes something from something else, in a sense, can technically be a trademark.

What about those little circles with the “TM” and “R” in them? What do they mean? The “TM” refers to trademark and the “R” refers to a registered trademark. While they serve as gentle reminders that the trademark is protected by law, they aren't necessary. There are both unregistered and registered trademarks out there, the latter obviously carrying more weight in a court of law. Most of the trademarks you see on TV and in magazines are registered.

Just as with physical property, intellectual property – when handled in court – is dealt with based on its jurisdiction.

There are five basic kinds of trademarks: distinctive, arbitrary, suggestive, descriptive, and generic. On the other hand, there are some symbols that can never be used in trademarks, like national flags. It's also important to note that national and international trademark law vary, so especially if you are conducting business overseas, you should be aware of that.

A trademark can open your company up to all kinds of business and separate it from the pack, but if it's not formed carefully, it may misrepresent and misdirect your company. So choose your trademark intelligently and make sure you understand the law backing it up so that you can put it to good work.

If you are looking for an experienced IP services in Vietnam to help you with your IP application, you should visit ANTLawyers.vn. Our attorneys have experience with the IP process and will work closely with you as you apply for your IP.

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How to Select a Patent Attorney

Could you use a little help protecting your invention? If so, an attorney skilled in patent law is your best bet.

As you can imagine, conveying your invention to someone who knows nothing about it will be difficult.  Therefore, it is best if you are in direct contact with your patent attorney. You can meet in person and show the patent attorney any prototypes or drawings you may have to help illustrate your invention.  As you can probably guess, the process will go more smoothly if you work with a patent attorney near you.  Although it can be done, a long distance relationship will only strain the process.   

Probably the best way to select a patent attorney in your city is through word of mouth.  To help find referrals (and to associate with others who have interests similar to yours), you may want to join a local inventors club.  You can also search through the USPTO’s list of registered patent attorneys or even just use their database to check your potential patent attorney’s credentials.

When you are seeking out a suitable patent attorney, you need to ask about their experience and background. Ask them what degrees they hold, the number of years they’ve spent writing and prosecuting patents, and the number of patents granted.  Get references from previous clients and call them to ask about their experience with the patent attorney.

When selecting a patent attorney, it’s also important to find someone who specializes in the field your invention is related to.  Patent attorneys are not equal in all areas.  For starters, what is their degree(s) in?  This is very important.  Some patent attorneys will have a degree in engineering.  Other patent attorneys will be skilled in the field of biology, others physics and yet others, computer science.  You don’t want to take your newly invented cell line (yes you can patent such things) to a patent attorney with a background in electrical engineering.  You would want a patent attorney with a background in biology to help you with this type of invention. 

If you have a basic invention, going with a patent attorney with a general mechanical engineering background will probably save you some money.  Specialized professionals usually charge more.

You want their background and your invention type to match as closely as possible.  Writing patent applications is a bit of an art.  Obviously, a patent attorney will come in handy to help you through the legalese, but there is also a great deal of knowledge and specific technical detail that must go along with it.  This is why patent attorneys must have technical backgrounds.

How ANT Lawyers Could Help Your Business?

Please click here to learn more about ANT Lawyers IP Practice or contact our IP lawyers in Vietnam for advice via email ant@antlawyers.vn or call our office at (+84) 24 32 23 27 71

Author:Lisa Parmley

Source: Articlecitydate

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Procedures to Apply for Temporary Residence Card in Vietnam

Temporary Residence Card in Vietnam

For foreigners wishing to reside in Vietnam, they must belong to the subjects to be granted temporary residence card.  For most of the case, the temporary residence card holder are investors whom invest to establish company in Vietnam, or employee being employed and sponsored by an organization in Vietnam.

The following shall details the procedures to be implemented for applying for temporary residence card in Vietnam.

I. Subjects to be Granted Temporary Residence Card

• Issued to members of diplomatic missions, consular offices, representative offices of international organizations affiliated to the UN, representative offices of intergovernmental organizations and their spouses, children under 18 years of age, and housemaids during their term of office. (NG3)
• Issued to people who come to work with units affiliated to Vietnam’s Communist Party; the National Assembly, the government, Central Committee of Vietnamese Fatherland Front, the People’s Supreme Court, the People’s Supreme Procuracy, State Audit Agency, Ministries, ministerial agencies, Governmental agencies, the People’s Councils, the People’s Committees of provinces. (LV1)
• Issued to people who come to work with socio-political organizations, social organizations, Vietnam Chamber of Commerce and Industry. (LV2)
• Issued to foreign investors in Vietnam and foreign lawyers practicing in Vietnam. (DT)
• Issued to Managers of representative offices or projects of international organizations and foreign non-governmental organizations in Vietnam. (NN1)
• Issued to heads of representative offices, branches of foreign traders, representative offices of other foreign economic, cultural, professional organizations in Vietnam. (NN2)
• Issued to people who come to study or serve internship. (DH)
• Issued to journalists who have permanent residences in Vietnam. (PV1)
• Issued to people who come to work. (LD)
• Issued to foreigners that are parents, spouse, and children under 18 years of age of the foreigners issued with LV1, LV2, DT, NN1, NN2, UNIVERSITY, PV1, LD visas, or foreigners that are parents, spouse, and children of Vietnamese citizens. (TT)

II. Conditions for Implementation

• Time to stay in Vietnam more than 01 year;
• Valid passport more than 01 year;
• In case of having a work permit, the work permit of the foreigner must be valid for 01 year from the date of the application for a temporary residence card. For investors, there must be written documents proving that foreigners contribute capital to, or invest in, enterprises in Vietnam (business registration certificates, investment licenses …).

III. Required Documents to Apply Temporary Residence Card

• A written request of agencies, organizations and individuals offering, guarantee and propose for temporary residence card (form NA7)
• 01 declaration of information of foreigners who apply for temporary residence, with photos and sealed by the agency or organization: A written request for temporary residence card (Form NA8); a declaration about Foreigners applying for temporary resident card (Form N7B)
• Two 3 x4 cm size photographs;
• Passport, valid visa, immigration cards (bring original for comparison);
• Notice of use of the seal of the enterprise
• 01 copies or photo (bring the original for comparison) proof of purpose to stay in Vietnam.

Depending on situations, the following documents would be required: investment licenses, permits the establishment of enterprises, work permit in Vietnam, certificate of board members and permits the establishment of representative offices, marriage/birth registration.

IV. Implementing Agencies to Apply Temporary Residence Card:

Immigration management Department, Police provinces and cities directly under the Central Government.

V. Duration to Obtain Temporary Residence Card in Vietnam: 05 to 07 days;

How ANT Lawyers Could Help Your Business?

Please click here to learn more about ANT Lawyers IP Practice or contact our IP lawyers in Vietnam for advice via email ant@antlawyers.vn or call our office at (+84) 24 32 23 27 71

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Patent Your Invention

New Inventions and Patents

If you have a new invention that is sure to take the world by storm, then you need to patent the invention as soon as possible in order to protect its integrity and your ownership for the lifetime of the patent. There are some things you will need to know about patents before you get started.

  

Patent Attorney in Vietnam

Generally, when you begin the patent process you will need the advice of an attorney to ensure all is being executed properly. If not, you will be risking your invention or someone else might steal the idea. A patent is a legal document, so it must be filed and go through the system which does take a considerable amount of time and money.

Another important tip is to know what things are available for patenting and what are not. For instance, all technology and products that are new and offer a use to the public are allowed to apply for a patent. However, if you have invented new words, works of art, music, or similar items you will need to talk to an attorney about applying for a copyright or trademark. Different inventions are protected in different ways, but if you have a new technology or product then a patent is what you need.

Once you know a patent is what you need to protect your invention you will need to apply for the patent through a long application. This requires demonstrating significant knowledge of your invention and answering many questions. Then, once you file your patent petition you will have to wait a while for the patent committee to go over all other patents in order to ensure you are applying for a new and useful invention. Then, when your patent petition is approved you will have the sole rights to produce your invention to sell to the public for 20 years, which is the normal life of a patent.

Although, before you are approved for a patent for your product or technology make sure you do not share this information, sell or demonstrate it to the public because you will be giving up your right to apply for a patent. So, if you have new technology or products make sure you do not share the information with anyone in order to protect yourself and your invention.

Then, when you have your patent you will be able to start production. However, try to include the patent number on your products in order to reduce the risk of someone infringing on your patent.

One last piece of advice is to get an attorney to help you with the process. This is because the patent process is long, tedious, expensive, and can be confusing at times. Using an experienced patent attorney can help speed up the process and offer guidance during the process. Also, few applications for patents that are filed by individuals without the help of an attorney are unsuccessful because the forms are not filled out correctly. If you are really serious about filing for a patent and producing your invention, then talk to an attorney today.

Author:Tony Leon

Source: Articlecity

If you are looking for an experienced IP services in Vietnam to help you with your IP application, you should visit ANTLawyers.vn. Our attorneys have experience with the IP process and will work closely with you as you apply for your IP.

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How To Avoid Copyright Infringement When Registering Domain Name?

One of the most important aspects of choosing a domain name is that it should be non-infringing. This is not an easy task since most unique names have already been registered. The number of useful domain names from the marketing point of view have become extremely limited. Several companies now register variations of their trademark names as a preventive measure against infringement. For example, check www.coke.com, www.coca-cola.com, and www.coca-cola.com, or try www.3m.com and www.mmm.com.

 

Copyright in Vietnam

All these factors have led to a crisis of domain names and given rise to increasing cases of infringement of domain names. A number of companies have taken legal action against other companies or individuals over alleged copyright violation on the domain names.

There are some fundamental guidelines and cross-checks for selection of a domain name.

You must carefully select some names that are relevant to your business model. You must be able to justify your reason for using the name. Your domain registration should principally consist of a name you are using as a trade name, trademark or corporate name.

It is better to select more than one name since you are not sure about the availability of the required domain name.

Now, search the website of one of the prominent domain name registrars to check if the required name is available. If the name has already been registered by someone else, the search result will provide you with optional names that are similar to your requirements. For example, for the name "ford", the search result may give you similar names like "aboutford.com" and "fordbusiness.com".

If the domain name that you are looking has already been registered but there is no content being displayed at the domain, try to find out the details of the owner of the domain. It is possible that he/she may be genuine and have yet not published any content.

It is also possible that the owner does not plan to create a web site and is willing to give you the domain at the original price. You must confirm that the seller has ownership rights for that particular domain name.

Choosing a domain name that is same as or quite similar to another well-known trademark, may lead to legal action. The regulations governing these issues are dealt by Internet Corporation for Assigned Names and Numbers (ICANN).

It is very likely that you would lose right of your domain name if you have intentionally chosen a name similar to another domain name so as to confuse potential visitors to the site. For example, if your site deals in consumer electronics goods made by a Samsung competitor, do not choose the name "samsungbusiness.com" since a court is most likely to pass a verdict that you selected this name to divert attention of Samsung customers.

 

There could be others reasons of losing a domain name. It may be found that you have never carried out any business under that name or there is no person in your company similar to that name. Another reason could be that you intend to sell that domain name to your competitor for financial gain.

If your domain name is same as your name then you may be allowed to continue to use it, inspite of the fact that it is similar to someone else’s domain name. But the usage of such a name is governed by certain conditions set by court. For example, Mr. Suki Nokia, who runs a cosmetics business, may be allowed to use the domain name "nokia.kr" but he would be barred from using his site to demonstrate any electronics-related information or advertising.

It is also possible for you to use a domain name that is similar to another's trademark if your objective is not to criticize the other person’s business.

In the non-cyberworid, two companies may have the same name if they do not conduct a similar business or do not have similar product lines.  Roxy Electrical and Roxy Laundry can coexist comfortably. However, in the web world, both Roxies cannot own the "roxy.com" domain name. The laundry Roxy could register under "roxy.laundry" and the electrician under "roxy.electrical."

A very useful tip is to buy all three of the top level domains - .com, .co.uk and .net. You should also buy all possible misspellings of your domain name before anybody else takes advantage of this fact.

You have put a lot of money and energy into building your business and if you are forced to give up the domain name, your business is likely to suffer due to it. So, you need to put your best efforts in choosing a domain name that is both distinctive and non-infringing.

Author:Stanley Spencer

Source:Articlecity.com

If you are looking for an experienced IP services in Vietnam to help you with your IP application, you should visit ANTLawyers.vn. Our attorneys have experience with the IP process and will work closely with you as you apply for your IP.

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Patents: So You Have An Idea - So What?

Okay, you have come up with a fantastic idea that will solve all the woes of the universe - or at least make you $millions$ - what do you do? How do you start?

Well, the first thing to do is get all your ducks in a row. Start a hard-bound journal and put everything in writing. Draw pictures or diagrams of how your invention works. Date and sign each page, and get someone you trust to look at it and date and sign too.

Register utility solution in Vietnam

Then, get ready to spend some money. Sorry, but it takes money to get things going. If your idea is worth anything - which you can find out through the process - you should file for a patent.

A patent gives you 20 years from the filing date the right to keep others from making or selling your invention without your permission. That gives you time to develop and sell your invention in the marketplace. Believe me or not, getting the patent may be the easiest part. About 99% is in the development and marketing of the idea.

To get a patent it is best to find a registered patent attorney or agent. I know, attorneys are sharks. But in this case, their knowledge will get through the government bureaucracy a lot faster and easier than you can by yourself.

To give you an idea of what you are going to face when getting into the patent process, here are some FAQ’s to help you understand better - maybe.

PATENT FAQ’s

Q: What do the terms “patent pending” and “patent applied for” mean?

A: They are used by the inventor - or his manufacturer or seller of his product - to inform the public that a patent application has been filed with the Patent and Trademark Office (“USPTO”). You can be fined if you use these terms falsely and deceive the public.

Q: Is there any danger that the USPTO will give others information contained in my patent application while it is pending?

A: No. All patent applications are kept in strictest secrecy until the patent is issued. After the patent is issued your file is made available in the USPTO Files Information Room for inspection by anyone and copies of the files may be purchased from the USPTO. (The Files Information Room is where searchers go to prepare their patent searches - which are needed to complete a patent application)

Q: May I write directly to the USPTO about my application after it is filed?

A: The USPTO will answer questions regarding the status of the application, whether it has been rejected, allowed, or pending action. BUT, if you have an attorney representing you, the Office will not correspond with both of you. The best practice is for all comments be forwarded through your attorney. Another thing - it can take some time before your application will be assigned to an examiner, and what is called an “office action” will happen. Patience is needed.

Q: Do you actually have to go to the USPTO to do business with them?

No. Most business with the USPTO is done in writing and through correspondence. Interviews with Examiners are sometimes necessary (and sometimes helpful) but a lot of them are done by phone by your attorney. The expense of a trip to D. C. is seldom necessary.

Q: If two or more persons work together to make an invention, who gets the patent?

A: If each person had a share in the ideas forming the invention, they are considered joint inventors and a patent will be issued jointly if they make it through the application process. BUT, if one person provided all the ideas for the invention - and the other person(s) has only followed instructions in making the invention, the person with the ideas would be considered the sole inventor - meaning the patent application and the patent itself shall be in his/her name alone.

Q: What if one person supplies all the ideas to make an invention - and another person either employs him and/or comes up with the money to build and test the invention - should the patent application be filed jointly?

A: NO. The application MUST be signed by the TRUE INVENTOR - and filed with the USPTO in the true inventor’s name. This is one time money doesn’t count. It is the person with the ideas - not the employer - not the money man - that gets the patent. If the greedy, blood-sucking, viperous, money-grubbing, creatively non-contributing money man or boss wants any part of the invention, he would have to get his hold through a contract or license on the invention - not the patent itself.

Q: Does the USPTO control the fees charged by patent attorneys and agents for their services?

A: No. This is strictly a matter between you and the attorney or agent. Fees vary - as do attorneys and agents. You should feel comfortable with your choice. It would be best to ask up front for estimates on charges for: (a) a patent search; (b) The preparation of a patent application; (c) drawings to accompany the application; and, (d) the prosecution of the application before the USPTO. (NOTE: an attorney can only give you estimates. The cost of a search, and the application with drawings is pretty well determinable up front. But the prosecution step depends on the Examiner and what he does and doesn’t like about your application. There may be amendments that have to be made (expect at least one), and negotiations to transpire, which all take time and effort from the attorney)

Q: Will the USPTO help me pick an attorney or agent to do my search or prepare my application?

A: No. The USPTO cannot make this choice for you. The Office does maintain a list of registered attorneys and agents. Also some bar associations have lawyer referral services that may help you. If you have a general attorney, although he can’t help you directly if he isn’t a registered attorney with the USPTO, he may help you with a referral.

Q: Will the USPTO advise me about whether or not a certain promotion firm is reliable and trustworthy?

A: No. The USPTO has no direct control over such organizations. While the USPTO does not investigate complaints about invention promoters or promotion firms - or get involved in any legal proceedings relating to such firms - there is a public forum to publish complaints against such firms. The protections you have from patent promotion firms is spelled out in laws passed in 1999. These promotion firms have specific duties of disclosure under this act. [See http://www.gadgets-gizmos-inventions.com for more info]

Q: Are there any organizations that can tell me how and where I may be able to get some assistance in developing and marketing my invention?

A: Yes. Organizations in your community - such as Chambers of Commerce and banks - may be able to help. Many communities have locally financed “business incubators” or industrial development organizations that can help you locate manufacturers and vulture (I mean Venture) capitalists that might be interested in helping you. Do your homework - check, check, check - and be careful.

Q: Are there any state government agencies that can help in developing and marketing my invention?

A: Yes. Nearly all states have state planning and development agencies or departments of commerce and industry that seek new products and articles to manufacture, or processes to assist existing manufacturers and communities in the state. A lot of these agencies are online - or at least have listings in telephone books. If all else fails - write your state governor’s office.

Q: Can the USPTO help me in developing and marketing my invention?

A: No. the USPTO cannot act or advise concerning any business transactions or arrangements that are involved in the development and marketing of an invention. They will publish the fact that your patent is available for licensing or sale in the Official Gazette - at your request and for a fee.

Q: How do I start?

A: First, of course, you have to have an idea. Then that idea has to be put down in a form so that it can be understood at least by a person that is experienced in the field of endeavor that concerns the invention. This usually is a written description and a drawing. Whatever it takes to explain the invention.

The next step is a patent search - to see if someone else has come up with a similar idea. A lot of times this is the case. And, a lot of times your idea may be enough of an improvement to be unique enough for a new patent. There are search firms available - and most patent attorneys have access to their own favorites. It is best to commit only to the patent search at first. Do not sign a contract for anything else just in case the search finds your invention with no way to find “novelty” and “non-obviousness.”

If the search report looks good (watch out for the hype artists), it is time for commitment. Choose your attorney and let it fly.

It is possible to file a patent application by yourself - but really - it is like you going into a restaurant in Paris, France that is, and trying to order from the menu. unless you know and speak the language, you won’t get what you want. In the case of a patent, the USPTO will throw you out - even if your invention is great - because the application does not speak their language.

Author:Gary Cogley

Source: Articlecity

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