Patent and Trademark



             


Friday, March 21, 2008

Patent - Making Your Own Patent Drawings

In this article we're going to discuss making drawings for your new gadget that you're trying to get a patent for.

In most cases, with a physical item, the patent office will require you to have drawings for your item unless you have a working prototype. So what do you do if you can't draw a straight line? Well, today there are computer programs that can do your patent drawings for you.

The situation you find yourself in goes something like this. You've just invented the greatest thing since sliced bread. You've made some rough sketches and even written some of the patent application yourself. You've saved yourself thousands of dollars by not hiring a lawyer. The only thing left to do is prepare drawings to go with your patent application. But you are no artist. What do you do?

Well, many inventors turn this part of the job over to a professional draftsman at the price tag of $75 to $150 per sheet of patent drawings. If you have a number of these the cost can add up in a hurry.

Fortunately, with today's technology, if you can do the patent application yourself you can also do the drawings yourself as well. You're going to need to learn some USPTO rules and the learning curve is pretty steep, but the rewards will be more than worth the effort. Besides saving money on the application itself you'll also be able to prepare brochures for prospective manufacturers or customers. Also, because nobody knows your invention better than you do, you'll have the best idea of what the drawings should look like. By doing your own drawings you don't have to explain to another person what your invention is about. The process of sending drawings back and forth for corrections is eliminated. Finally, you'll have the satisfaction of knowing that you did the whole patent process by yourself, which is quite an accomplishment.

There are various ways you can create your drawings.

The traditional way is with pen and ruler in black and white. While this may seem old fashioned, it is the least costly and is actually how the patent office prefers them, nice and simple. You're going to need to learn basic drawing techniques to do this.

If color is needed to accurately represent your invention then you can submit color drawings. If you plan to do this you're going to have to file three sets of color illustrations. Then you have to file a petition to explain why color is necessary. Finally, you pay a petition fee and include a statement in your application that it includes color drawings.

Another option is photographs. These are rarely used, only in cases where a proper illustration of the invention is not possible with drawings.

Finally, there is computer drawing software. The advantage of this method is that you don't have to worry about drawing a straight line. The program can do it for you. Many drawing programs have 3 D image rendering which make the drawing process not only easy but very professional looking. The downside is that some of these programs can run you hundreds of dollars.

Michael Russell
Your Independent guide to Patents

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Wednesday, March 12, 2008

A Patent Law Career

Is having a patent law career the perfect choice for you?

Did you know that you can have a career in the field of patent law without having a law degree?

Patent law is a career open to all biologists, chemists, engineers, computer scientists and many other science and technology professionals. Any individual with the proper science or engineering degree need only to pass the Patent Bar to become registered Patent Agents. That easy.

Upon becoming a Patent Agent, you can gain employment writing and prosecuting patent applications at law firms, technology transfer offices, biotech or engineering corporations, and government institutes. In addition to writing and prosecuting patents, a Patent Attorney can also litigate in patent infringement cases. From there, you may decide whether or not to go on to law school and pursue a career as a Patent Attorney.

What are the skills needed in a patent law career?

Patent law is the perfect field for many creative and talented individuals since it requires so many qualities to be successful.

There is also a people-oriented side to a career in patent law. This is especially seen when you compare the isolated lab environment that most scientists and engineers are used to.

Consider the fact that every inventor?s hopes and dreams is to ride on their invention. What will be your role in all this? You will be there every step of the way to help them achieve their goals. Although a great deal of interviewing and excellent communication is required in order to adequately learn what was invented and write a patent application for it. Just think of the good it will bring you both.

This brings us to the next point; to be a patent law practitioner, you must also have excellent writing skills. Drafting a quality patent application is a tedious work that requires the absolute best in written communication.

To practice a career in patent law is to have a never-ending thirst for knowledge. Take note that you will be right in the middle of a cutting edge research and development. This gives you the privilege of being exposed to new and exciting discoveries before anyone else.

What should you expect to make as a professional in the patent law?

This is the million-dollar question. How much will you be making if you have a career in patent law? The pay scale varies from $45,000 up to $250,000+ for Patent Practitioners and is determined by many factors.

First, if you are a scientist or engineer without a law degree you will be classified as a Patent Agent after you pass the Patent Bar Exam. But if you have a law degree and is already considered an attorney, you will be classified as a Patent Attorney upon passing the exam.

As a Patent Attorney with the same level of experience as a Patent Agent, you will typically earn the higher income because in addition to writing and prosecuting patents, you may also help protect patents in a court of law.

Second, your degree level will help determine your pay. If you have a Bachelor's degree in your particular area of expertise, you will therefore make less than someone with a Masters degree or a PhD.

Third, your experience level will make quite a big difference. Your previous positions will count when considering your salary. The number of years you have worked as an engineer or scientist will make a difference. The more experience you have, the more valuable you will be perceived by the company. The longer you are in the patent law career, the higher your pay will be as well.

Is patent law a good career to get into?

Many businesses in the field science and technology sectors regard patents as their lifeline. Therefore, gaining status as a registered Patent Practitioner can open many career doors for you.

Since research and intellectual property are intertwined, imagine the many career opportunities you would be presented with if you were trained in both areas. Moreover, as a scientist or engineer, most of the qualifications needed to achieve registration as a Patent Practitioner have usually already been met. Probably the only requirement you necessary is pass the Patent Bar Exam.

It may be a difficult hurdle. But in comparison to the time and money you already spent to become a scientist or an engineer, passing the Patent Bar Exam and getting a career in patent law will be something you can accomplish.

Dee Cohen is an author and website publisher. Visit us at Legal and Business Templates

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Wednesday, March 5, 2008

How to Patent Your Invention

How to Patent Your Invention

A patent is a government granted right that allows the inventor to exclude anyone else from making, using or selling the invention in the country that issued the patent. The government grants this right to help encourage inventors to spend the time, money and effort to invent new products, technologies and the like.

In the United States, the term of a new patent is 20 years from the date on which the application for the patent was filed or, in special cases, from the date an earlier related application was filed, subject to the payment of maintenance fees.

When a patent expires, the invention enters the "public domain" allowing anyone to make, use or sell the invention without needing the permission or paying any royalty to the inventor. The government requires patents to expire because otherwise one person can control an entire industry if that person was the first to conceive of a type of product.

The patent law specifies the general field of subject matter that can be patented and the conditions under which a patent for an invention may be obtained. Any person who invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent, subject to the conditions and requirements of the law.

In order for an invention to be patentable it must be new as defined in the patent law, which provides that an invention cannot be patented if: (a) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for patent, or (b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country more than one year prior to the application for patent.

If the invention had been described in a printed publication anywhere in the world, or if it has been in public use or on sale in this country before the date that the applicant made his/her invention, a patent cannot be obtained. If the invention had been described in a printed publication anywhere, or has been in public use or on sale in this country more than one year before the date on which an application for patent is filed in this country, a patent cannot be obtained.

In this connection it is immaterial when the invention had been made, or whether the printed publication or public use was by the inventor himself/herself or by someone else. If the inventor describes the invention in a printed publication or uses the invention publicly, or places it on sale, he/she must apply for a patent before one year has gone by, otherwise any right to a patent for an invention will be lost. The inventor must file on the date of public use or disclosure, however, in order to preserve patent rights in many foreign countries.

According to the law, only the inventor may apply for a patent for his or her invention, with certain exceptions. If the inventor is dead, the application may be made by legal representatives, that is, the administrator or executor of the estate. If the inventor is insane, the application for patent for an invention may be made by a guardian. If an inventor refuses to apply for a patent for his or her inventions, or cannot be found, a joint inventor or, if there is no joint inventor available, a person having a proprietary interest in the invention may apply on behalf of the non-signing inventor.

If two or more persons make an invention jointly, they apply for a patent as joint inventors. A person who makes only a financial contribution for the invention is not a joint inventor and cannot be joined in the application as an inventor.

Additional information on how to patent an invention is available at http://www.newideatrade.com/patents.htm.

Neil Armand
Intellectual Property Professional
Global Commerce & Communication
Telephone: 320-250-0950
Fax: 320-230-1096
Email: globalcomm@astound.net
URL: http://www.gcchq.com
globalcomm@astound.net

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Monday, March 3, 2008

Patent Call for a New Digital Rights Management System

Intellectual Property Rights is a key consideration in today's standardisation world and naturally the field of audio and video coding / decoding, such as MP3 and MPEG is no exception. Digital rights management is an additional key element in todays digital world.

The Digital Media Project (DMP) is a non-profit organization devoted to developing worldwide standards for music, video and other creative works that are digitally recorded and transmitted. Such standards allow the rights of creators to be compensated for their works, allow the public to fully enjoy the benefits of digital recordings, and allow other businesses to provide products and services consistent with these principles and the Digital Media Manifesto.

DMP was founded by Mr. Leonardo Chiariglione, who developed worldwide standards for digital audio and video coding, such as MP3 and MPEG, while chairing the working group of the International Standards Organization ISO/IEC. In April 2005, DMP produced a technical Specification for a Platform for Interoperable Digital Rights Management, for which it would be beneficial to establish a patent pool in order to have clear and acceptable licensing terms for the underlying patents. The standardization approved in 20045 refers in particular to portable audio and video devices (PAV)

One of the members of the Digital Media Project is helping set up the patent pool: Sisvel, S.p.A., a company with an international network specialized in licensing, with offices in Europe and subsidiaries in America and Asia, will arrange for a team of independent patent experts to evaluate patents that may be essential in this field.

Any company having related patents and wishing to participate in the patent pool is requested to submit patents to Sisvel for evaluation. The objective is to create a one-stop-shop licensing mechanism for intellectual property rights (IPR) that will help to standardize the digital media project, providing a clear view of the exposure to royalties relating to the standard.

SISVEL is a company active in the field of exploiting industrial and intellectual property rights. For instance Sisvel has the right to grant licenses for the use of several patent families concerning the MPEG Audio standard comprising the Mp3 standard. Contact: segretaria@sisvel.com for information.

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Saturday, January 19, 2008

Creative Ways to Wear Your Sterling Silver Pendants

When you think of a sterling silver pendant, you may think of using it exclusively on a necklace. While this is the most obvious and original use, there are a number of ways that you can display your sterling silver pendants with a little creativity.

First and foremost, your sterling silver pendant is a precious metal. It’s durable, hard-wearing and this means you can maximize your wear without compromising the quality of your jewelry. With this in mind, consider using your sterling silver pendant as a charm. If you own a rolo bracelet, you can attach your pendant with a simple jump-ring. If you own any type of bracelet that will accommodate the bail of your pendant by placing it into the clasp, you will have the instant look of a charm bracelet. Best of all, you can easily remove the pendant and place it back on your necklace and this maximizes your jewelry wardrobe in a way that’s truly ‘charming.’

If you have pierced ears, you may also be able to use two identical sterling silver pendants as charms by placing them on hoop earrings. Many bails will easily slide over the tube of a hoop earring, which gives you the instant look of earring charms. The most important aspect of this approach is to make sure that the pendants aren’t so heavy that they pull the earring down or cause you discomfort. For this approach, a lightweight pendant is the best idea and will give you the best results.

When worn traditionally, sterling silver pendants are beautiful. If you want to enjoy the look of a necklace but desire a more updated look, the task is simple. You can created a multi-strand necklace by threading several chains through the bail and wearing them as one necklace. If you’re still in the mood for a different style, consider wearing your sterling silver pendant on a single necklace that measures 16" or 18". You can then frame this ensemble by adding a plain necklace that measures at least 2" longer than the one featuring your pendant. This gives you an updated look that’s sure to be on trend and in style.

In conclusion, your sterling silver pendants can provide you with a stunning look in neck wear and they can also offer you versatile options when it comes to other jewelry items. By changing the look of your collection by simply using each piece to its greatest potential, you are truly getting the best value for your dollar.

Almost Diamonds, a popular online retailer specializing in sterling silver jewelry, has a complete line of items featuring cubic zirconia and genuine gemstones in a variety of styles to choose from. If you are looking to maximize your jewelry collection without minimizing your wallet, consider the affordable option of sterling silver. Not only is this a precious metal that’s designed to last forever, but it also is an economical way to get the look of platinum or white gold without spending a fortune. For more information on sterling silver jewelry and sterling silver pendants, visit Almost Diamonds at http://www.almostdiamonds.com

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Wednesday, January 9, 2008

Trademark: Do I Need One for My Business Name and Logo?

Wondering if a trademark is important to you as a business owner? Let's start with the basics. A trademark is a word, phrase, symbol, or logo that distinguishes and identifies the source of goods of one company or person from another. For example, the name Kraft is trademarked, as is Nike's "swoosh" logo.

The list of what constitutes a trademark is long. A trademark can also be granted to unique packaging such as the shape of Coca-cola's bottle, building designs, color, sound, and even fragrance. Service marks receive the same legal protection, but are used to distinguish services instead of products.

Your business can acquire trade or service marks through the consistent use of a mark. The symbols TM and SM demonstrate the owner treats the mark as a trademark or service mark. There is no requirement to federally register at the trademark office. You are still protected under intellectual property laws. However, if another party uses your mark it can be more difficult to prove your ownership.

To register online with the United States Patent and Trademark Office (USPTO), go to www.uspto.gov. There is a registration fee for each name, logo, and slogan. Federal registration ensures another party is not already using your mark. A registered trademark gives you exclusive rights to use a mark with your particular goods or services. The USPTO can only register trademarks for marks that are used across state lines. A website customers can access in other areas can satisfy this requirement. Otherwise, you will only be able to apply for a state trademark.

Only a mark registered and approved by the USPTO can use the ? symbol. Since the application process can take many months to complete, use the TM or SM symbol in the meantime to establish your intention to use the mark as a trademark. Make sure you keep records as to when your mark was first used in commerce and regulate the use of your mark in the marketplace.

Wendy Maynard, your friendly marketing maven, is the owner of Kinesis. Kinesis specializes in marketing, graphic and website design, and business writing. Visit http://www.kinesisinc.com/resources/articles.html for more articles and free marketing wisdom.

Want to harness the power of kinetic marketing? Sign up for Kinesis Quickies, a free bi-monthly marketing e-newsletter: http://www.news.kinesisinc.com

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