How Do I Go About Filing For A Patent?

There is no doubt that being able to file for a patent on a new invention, idea, or process is essential to keeping the necessary flow of new ideas coming in a free market economy. After all, without a patent, businessmen could take advantage of a new idea or product by simply copying it without the inventor's permission and reap the financial rewards instead of the rightful inventor himself. If this were commonplace, many new inventions would never see the light of day because of fear that they would be stolen.

So how does a person go about getting a patent on a new invention?

Patent processes can vary depending on what country you live in, but here in the United States inventors can obtain a patent from the United States Patent and Trademark Office (USPTO). Just make a search for "USPTO" and you will find their website listed right at the top.

There are really only a few things that you need to decide beforehand in order to proceed with a successful patent application. First of all, you need to determine that the product or process that you wish to patent is indeed original and new, and that it is not just something that is obvious and commonplace. Then you need to determine what type of patent that you need. The discussion on all the different kinds of patents is beyond the scope of our article but if you visit the USPTO website you will be walked through the process of identifying your particular patent area and then how to get the ball rolling.

Once the patent is filed, no one can copy that invention until the patent process is complete. And the patent protection for your new invention will extend for twenty years here in the US. Of course all new inventions have to be examined to make sure that they do indeed meet the criteria worthy of having a patent bestowed on them and that process can take some time, but be patient and you will be able to enjoy the rewards of your talent and effort as you profit from every future sale of your invention for the life of the patent.

Jim Johnson writes on many consumer related topics. You can find out more about how to apply for patent by visiting our All About Patents website

Google Patent Application Linking

The recent patent application filed by Google details numerous items the search engine uses to rank web pages. The specific application is summarized as:

The recent patent application filed by Google details numerous items the search engine uses to rank web pages. The specific application is summarized as:

A method for scoring a document, comprising: identifying a document; obtaining one or more types of history data associated with the document; and generating a score for the document based on the one or more types of history data.

The patent application sheds significant light for those pursuing search engine optimization with Google. Patent applications can be difficult to understand, so following are highlights for those that don't speak lawyer.

Googles Link Evaluation

It is well known that Google uses links as a significant ranking element. Although the patent application doesnt dispute the value of linking, it does highlight the best method for pursuing a linking strategy. Simply put, consistently adding links will have a much better effect than adding links in bunches.

Google notes in the patent application that it looks at links from a historical perspective. The search engine notes the discovery date of links, the life span of the link and the speed at which a new web site obtains links. This approach reveals that Google is discounting quick link exchange strategies such as buying bulk links for your site. Instead, Google appears to consider a natural linking evolution as a sign that a site is legitimate.

The specifics of a good linking strategy are a bit difficult to nail down. In the patent application, Google tries to hide the evaluation method by listing factors that might go into evaluating links to a site. Factors that might be considered include:

1. The anchor text of the link.

2. The discovery date of the link.

3. The growth rate of links to your site.

4. The rate at which links to a page appear and disappear.

5. The age of links with older links carrying more value.

6. Numerous links to a new site will be looked at as spam, unless some of the links are from highly valued sites.

7. Link growth that is constant is optimal.

8. Sudden bunches of new links will be devalued as spam.

A general theme becomes clear as one reads the Google patent application. Google values sites that are in it for the long term, update regularly and consistently grow in link popularity. Taking this theme into account, it is easy to understand why the Google sandbox exists.

A steady approach is the key if you intention is to gain top rankings in Google. While the delay can be aggravating, the results are certainly worth it.

Halstatt Pires is with http://www.marketingtitan.com - an Internet marketing and advertising company comprised of a search engine optimization specialist providing meta tag optimization services and Internet marketing consultant providing internet marketing solutions through integrated design and programming services.

What You Need to Know About Trademarks

Once you have trademarked your identity, your company has the right to prevent others from using a trademark this is similar or confusing. That means that no one can use a trademark that can be confused with yours. This protects your company identity, reputation, and market share. The term of a trademark is 20 years.

Trademark protection can be obtained two ways. First, trademark protection is available for inexpensive registration in most states. Contact your state?s secretary of state to find out the procedure for registering your trademark in the state where your business operates. Secondly, trademark protection can be obtained from the federal government for approximately $335. This can be done online at the website for the United States Patent and Trademark Office website www.uspto.gov. The forms can all be completed and submitted online.

Only certain words or symbols can be protected as trademarks. The word or symbol must identify your company as the creator of the product or service with which the trademark is used. You cannot trademark a word that is commonly used to describe your product or service. For example, you cann trademark the word ?consultant? if you are a consultant. You can, however, trademark the name of your consulting company.

Colors, sounds, scents, and packaging can be protected as trademarks. To be trademarked, those items must be shown to be associated with the particular product or service that your company sells. It must identify and distinguish your product or service. The design and appearance of products and their packaging or labeling can be trademarked.

Before you can obtain a trademark, you must search the website to determine that no other company has trademarked the same or similar item. The first company to obtain trademark rights owns the trademark, and the can sue another other company that uses their trademarked item. Before obtaining a trademark, you may also want to find out if you can use that item in your domain name so that you will have the same identifier online.

While your trademark application is pending, you should use TM on the item. Once you have trademark protection, you should use the ?circled R? symbol to put the public on notice that you own the item. Trademark protection may also be available internationally, but you will have to trademark in each individual country where your product will be sold. Before you apply for a trademark in another country, be sure the country will enforce your exclusive right to use the trademarked item. If you register your trademark on the internet as a domain name, you will have trademark protection.

Trademark protection is important and it is valuable. If another company uses your company?s trademark, it can divert business away from your company. It may also damage your company?s reputation if the other company has shabby operating procedures. The estimated value of counterfeit goods in the U.S. is approximately $250 billion, so be proactive in protecting your company?s trademark.

Jo Ann Joy is the CEO and owner of Indigo Business Solutions, a legal and business consulting firm. Indigo Business Solutions is a ?one stop shop? for small businesses, because we offer both legal and business services. We can provide all the professional services that a business requires, and they won't have to be "referred out" and pay another professional.

Jo Ann has a law degree, an MBA, and a degree in Economics. She is a strategic business attorney who works closely with clients to greatly improve their chance of success. Her background includes commercial, corporate, contract and real estate law, and she has experience in accounting, financial planning, mortgages, marketing, product development, banking, and business planning and strategies. She ran a successful business for 10 years, and she has written and given presentations on many different legal and business subjects.

If you have questions about legal, business or tax topics, please visit our website http://www.IndigoBusinessSolutions.net Phone: 602-663-7007; Fax: 602-324-7582.

Trademark Infringement Against Newly Formed Businesses

Many years after forming a new business, your company may receive a letter telling you that your company?s name is infringing upon another company?s name. This could lead to either your company being forced to change its name or undergo litigation. In Illinois, a corporation or a limited liability company registered with the Secretary of State can have a name similar to a company located outside the state. This then leads the prevention of trademark infringement up to the company itself or a corporate attorney.

You will need to obtain a trademark in one of two ways. First, your company name can be registered in the Federal Trademark System. By doing this, you would have exclusive control over that name for usually a 10-year period, which can be renewed every 10 years. If anyone uses a ?confusingly similar? name, this is trademark infringement. Second, you can enforce your mark, within your territory, based on common law. Your territory could be considered a geographical area where your name has become familiar with your particular goods or services. However, a company in Washington State could have the same name as a company in Illinois.

When you organize your company, a thorough search is needed to be sure your new company name is not already taken. First, Federal trademarks can be searched. Also, a TESS (Trademark Electronic Search System) search on the internet is needed. Visiting a Patent Library in Illinois can be done as well. Finally, a private firm can be hired to do a search for you. To search for a case law trademark, look at the Secretary of State?s website, phone directories, or other legal databases. You may also consider registering an internet domain name to both protect your company?s name and use it for marketing purposes.

Nicolosi & Associates - Attorneys at Law Since 1948. Skilled in the law. Experienced in business. http://www.nicolosilaw.com

A Peep into the Trademark Name of Viagra

Viagra had become a hero much earlier than its launch. Thanks to the media and its makers. Viagra had been publicized as that one magic wand which could improve a mans sexual health caused because of his impotency or to say according to the medical term prevalent--erectile dysfunction. Every where people could be heard talking about the so called forthcoming magical effects of Viagra much earlier than its launch itself, scattered discussions on Viagra news, countless Viagra jokes and what not!

But have you ever thought that how did Viagra get its much publicized nameVIAGRA? Whose brain child this brand name was? There had been continuous speculation since then. Was it named as Viagra because of its proximity to the word Vigor meaning strength? Many even guessed that may be it was named as Viagra because of its close phonetic sonance to the famous waterfall Niagara epitomizing flow, power and grandeur.

The reality is the reason of naming this anti impotence drug Viagra is much more banal or uneventful.

The name Viagra was finalized because of its being inoffensive in nature. This word was not in use in English or for that matter in any other foreign language to convey a particular meaning and that is why it was such that it could not cause any embarrassment or confusion to any body for the purpose that it was made for.

Definitely, the credit for publicizing this much famous name Viagra goes to the official makers of this drug. It is a well known fact that just as mostly all the pharmaceutical companies work in consultation with their researchers and consultants similarly the makers of Viagra also work in close coordination with their consultants who work on the potential drug names and later trademark them. Later these names are stored in the trademark drug names databank. When a new drug needs a brand name then all the drug names are considered as a potential candidate for the branding of the new drug.

Every new drug name has to satisfy a long list of criteria. For e.g. it has to be simple so that people find it easy to pronounce, it should be simple enough to be memorized by the people and most importantly it should not bear any particular or unusual meaning in any language. After this the name goes to a series of linguistic screens to check that it does not carry any special meaning in any of the foreign languages and legal as well as trademark screens to check that nobody else is using that particular name. Similarly the researchers of the official makers of Viagra also tested the potential name Viagra in different patterns to check that it does not have any unusual meaning and is not used by anybody else in the world.

So this is how the sojourn of Viagra started in the year 1998 with its launch and ever since then Viagra has never looked back and is persistently proceeding on its journey of fame as one of the first oral pill for men to treat erectile dysfunction.