U.S.Patent - Applying For One Outside The

In this article we're going to discuss what's involved with filing for a patent outside of the United States of America.

There are a number of factors a company or inventor has to consider before filing for a patent outside of the United States. The first thing a company must know is that most foreign filed applications will be published eighteen months after their priority date. So if a company files an application outside the United States it will eventually forfeit any trade secret protection for the invention, software or method stated in that application. However, if the company files for a patent only in the United States it can maintain secrecy until the actual patent is issued.

The next factor a company needs to consider is in what countries patent protection would be worth the trouble. In other words, you don't want to apply for a patent in a country where they don't have the technology or infrastructure to use your method or invention. For example, in countries where there is no Internet access it would be a waste of time and money to apply for a patent for some form of online sales method.

After you decide that you want to apply for a patent outside the United States, there are a number of filing options available. One option is to file for the patent directly at the patent office in the country which you want to get the patent for. A company should only use this option if it knows exactly what country or countries it wants the patent for and knows for certain that it isn't going to file for a patent in any additional countries. The company also has to be prepared to spend the filing costs necessary, which can be quite expensive for overseas patents. The lower end countries are around $4,000 for filing for a patent. In the higher end countries, like Japan because it is considered a world market leader, the costs can be as much as $12,000 for one patent.

Another option for filing for a foreign patent is to file for one with the European Patent Office (EPO). Filing directly with the EPO allows the company to file one application and to designate as many as 18 countries for the patent to be filed with. The EPO conducts an investigation of the application and then if it finds that everything is in order, grants the patent.

A third option is to file for a patent under the Patent Cooperation Treaty (PCT). The advantages of doing this are that in doing so you get to delay your decision on which countries to file your patent with. This also defers any payment of fees. A country should do this only if it is unsure of what countries it wants to file with and needs time to do some studies on the benefits of filing with each country it is considering. This method preserves patent rights without any commitment.

A company has a number of options for filing for a patent outside the United States. It should therefore conduct proper research into potential markets before choosing which option to take.

Michael Russell
Your Independent guide to Patents

Patent - How To Get One

In this article we're going to discuss how to get a general patent as there are actually different kinds of patents that can be obtained.

If you're an inventor and think you've come up with some gadget that is going to be in everybody's home in the next few years then you might want to think about securing a patent for this amazing invention otherwise you might find that it is stolen right from under your nose.

It is very common to confuse patents with copyrights and trademarks. A patent basically grants the inventor trademark rights for his invention. The words of the actual patent grant are as follows: "the inventor is given the right to exclude others from making, using, offering for sale, or selling the invention in the issuing country or importing the invention into that country." In other words, the inventor has complete control over his invention.

There are 3 kinds of patents that an inventor can obtain. The first is a utility patent, which is given to anyone who invents of discovers a new process or machine. This includes any article manufactured that is an improvement over a similar article. The second is a design patent, which is given to anyone who invents a new design for a manufactured article. The third patent is called a plant patent, which is given to anyone who invents a new kind of plant.

To get a patent for any of the above categories the inventor must file a patent application. Usually, because of the sensitive nature of patent infringement, these inventors will hire a lawyer to aid them in the process of securing their patent. These are attorneys who specialize in patent law and know all the idiosyncrasies of the business. If you're an inventor hiring a lawyer for this service expect to pay a very large fee because of the specialty of their service.

If you are looking to save some money you may want to try to get through the process of getting a patent on your own. The system itself requires that the patent examiners make themselves available to help any inventors who are not going through an attorney. If you're going to go about this process without a lawyer make sure you make notes of your invention in minute detail. This is required so as to verify that the invention is indeed new and original and not an infringement on somebody else's patent.

Make sure you read through the application questions very carefully so as to make sure that your invention qualifies as an original work otherwise you can be wasting a lot of time and money in the process. Even without using an attorney the filing fees can run as high as $2000. In some cases you may also have to build a prototype of your invention and give the patent examiner a demonstration of how it works.

In order to make sure your invention is indeed original you will have to research all current patents. You can do this either online or at the Trademark Depository Library.

Also remember that applying for a patent is a business decision. Even if the item is original you still want to make sure there is a market for it before you go through the whole process only to find out that nobody has any interest in what you've invented.

Michael Russell
Your Independent guide to Patents

Trademark a Name - How to Register a Trademark for Your Business

So, you finally settled on the perfect name for your product or service ? it describes the business without being overly descriptive, it tells your customers exactly what you want them to know and it's catchy. That's fantastic! Finding just the right name is vitally important to the success of any product line or service.

Is it required that I register my trademark?

No, not at all. However, registering your trademark, specifically your Federal trademark, does provide you with several advantages:

• The right to use the circle-R symbol as notice to the public about your Federal trademark
• The exclusive rights to the name within your industry across the country
• Establishing brand identity

But what if someone else already came up with that name?

While the name may be unique and distinctive to you, there is a possibility that another party already has prior trademark or common-law rights to the name for your industry. Before you invest time, money and effort into your name, do some research. The first places to check are right at your fingertips ? the World Wide Web ? and they're free!

Preliminary Search Sites:

• The Trademarks section on the USPTO Web Site
• Your Secretary of State to see if they have a searchable database of names. You can find a listing of all states here
• Major search engines ? put your product name in quotes to find exact matches; use keywords with your product name to find relevant hits
• Yellow pages

However, please be aware that this is merely scratching the surface of what's out there. Only comprehensive research will tell you if the name is truly available. But, these links are free & a great place to start, so try them first. If the name appears to be available, then you can move on to getting comprehensive research done by a private company or an attorney.

Ok, so the name is clear; now what?

To register your trademark, you have 2 options ? file for a Federal or a State trademark. If you are only going to sell your product or services in 1 state, then a State trademark is the way to go. The trademark form can be acquired through the Secretary of State (see link above). If you are OR will be selling your products or services in at least 2 states, then you're able to file for a Federal trademark. The form can be completed online at the USPTO (see link above).

While anyone has the ability to go online to access these forms,it's strongly recommended to hire a private company or an attorney for the preparation and/or filing of the trademark application.To ensure a successful filing, it's best to leave it in the hands of those with experience.

You found the perfect name ? now, make sure it's truly yours!

Shannon Moore is the General Manager, East Coast for TradeMark Express. Since 1992, TradeMark Express has met the needs of their clients with comprehensive research, application preparation, attorney referrals and trademark consultation. For further details, please visit us on the web at http://www.tmexpress.com

Legal issues about Trademarks and Domain Names

Trade marks are a name or symbol that are used to distinguish the goods of services of a particular company from others.

Similar to copyrights and other signs of intellectual property, the effects of the trademark system is territorial. This means, that each country has its own trademark system. A brand name like Machine Head may be owned by one person in the United Kingdom and by another, totally unrelated, person in the United States.

The domain name system, which is putting most of its emphasis on the .com title as the international domain, does not really jive well with the trade mark system because of the latter's fundamental definition of "ownership."

A case in point is the Prince vs Prince suit. Prince, the US-based manufacturers of sports goods, challenged the use of the www.prince.com domain name by a British computer consultancy company. The said company registered the domain in good faith and have been using it. The Prince sports goods company, which has no registered UK trademark, threatened to sue the British company for US trademark infringement. The latter counter-sued in the UK for the unwarranted threats regarding trademark infringement. They eventually won and the US company had to contend with just using the domain name www.princetennis.com.

Alternatively, a different scenario where the trademark owner will most likely prevail over a domain name holder's rights is in the case of Marks & Spencer vs One in a Million. This particular case was elevated to the English High Court in 1997 when various trademark holders, including the world-famous UK retailer Marks & Spencer, sued One In A Million, a company who accumulated a number of domain names under the well-known trademarks like Sainsburys, Virgin, Marks & Spencer, and Cellnet. These domain names, and others, were bought with the express goal of selling them again to the trademark owners. The High Court decided that One In A Million be required to relinquish their claim on the said domain names. This decision was further upheld by the Court of Appeal.

The One In A Million company's basis of argument was that domain name registrations were first come, first served", thus, the trademark owners do not have any rights to the domain names.

Based on the two actual court cases we can build up a clear picture about the interrelation of trademarks and domain names.

In general, domains that have no trademark significance can be acquired by the entity who registered them first. Continuous use of this non-trademarked name will allow the holder to build a reputation on the name. When the situation is between to legitimate companies who have a right to the name then, as with the stipulation of most laws in most countries, the first person who registers will get the domain. However, a registrant to a domain that is also a subject of a trademark and who does not have any entitlements is going to be forbidden based on the laws of most countries. For more information please visit http://www.dolphinformations.co.uk