Patent - An Alternative To Getting One

In this article we're going to discuss an alternative to getting a patent for your product or method called the defensive publication.

The truth about getting patents is that it is a form of risk management for a company or individual. To give an example, a company that failed to get a patent may lose control of the main technology that the company uses to conduct business. It is also vulnerable to a lawsuit and strict licensing terms. Because patents are so important to a company and its operation, many companies form what is called a license review board to determine the cost involved with obtaining a patent for the product or technology. If the board finds enough evidence to warrant obtaining a patent it then discloses its findings to the CEO of the company.

However, there are going to be times where the cost and risk factor of trying to obtain a patent are too great to warrant going ahead with trying to get one. In this case an alternative form of risk management should be sought. One of these alternatives commonly used by companies in this situation is called the defensive publication. This is used especially when the alternatives are limited or the patent process would be too difficult to prove.

According to U.S. patent law, a printed publication with a publication date prior to what would have been the effective date of the patent could be used to invalidate that patent if claimed by another company. This publication can be used as a defensive measure to describe whatever technology it has created. Once this publication is released, the competing company would have to consider this publication as prior art. The company releasing this publication is given a certain degree of protection. The company can use this publication as a shield against another company suing them for using this technology. This will, in most cases, discourage the other company from going ahead with the lawsuit because of prior art laws.

To qualify as this type of publication there are a number of things that have to exist. For one thing, the publication must have been available to the public in general. It must describe the technology specifically and the date of the publication must be before the date of the patent that was issued to the competing company. This involves two criteria which are accessibility and dissemination.

Accessibility is the issue of whether relevant members of the public could obtain the publication if they wanted to. If this is proven that they could have had access to the publication then there is no need to actually show them the publication. Just the fact that it existed and was accessible is enough.

Michael Russell
Your Independent guide to Patents

Google Patent Application Highlights

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 that you should consider for your SEO efforts.

Update Your Site

Updating your site is important when it comes to maximizing your rankings on Google. In addition to the manipulation of keyword density and meta tags, the patent application reveals that Google places significant value on how often your content is updated. The more often you update, the timely and relevant your site will appear to Google. In turn, this leads to higher rankings.

To appease mighty Google, consider the following plan of action:

1. Update pages frequently,
2. Add new pages to your site,
3. Interlink the new pages with others on your site, and
4. Add new pages on a weekly basis instead of all at once.

When Google returns to the site, you want to make sure that there is new content. The high rankings of blog sites are evidence of this approach.

Googles Looking at Your Domain

In a new twist, Google claims that it analyzes the number of years of domain registration as part of the ranking process. The application suggests that domains that are registered for longer periods of time are given more value because such a commitment shows the site is not a fly-by-night jump page. It is recommended that you extend all domain registrations for as long as possible as part of your search engine optimization efforts. It is difficult to tell how much the registration process impacts the ranking process, but every little bit helps.

Google claims that it also digs deeper into domain names to evaluate the legitimacy of the site. Factors in the evaluation include the web host and the who is information. According to the patent application, Google maintains a database of hosts that facilitate spamming of the Google search engine. While such hosts are not detailed in the application, pray to God that you are not using one. You should evaluate your host if your optimization efforts are not producing results.

If your search engine optimization efforts for Google are failing, the patent application may provide answers. Talk about a perfect E-book!

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.

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.

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