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.

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 patentprocess, 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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Seven Ways To Keep You From The Wolves

You have an invention or an idea for an invention. The first people you may hear about - or even may contact you - are from an invention development company. They advertise on radio and TV, and in magazines that cater to the inventive mind - and even some newspapers.

Invention development companies are private and public research companies that purport to help inventors develop, patent, and promote their ideas so they can be commercially licensed or sold. While many of these organizations are legitimate, some are not.

I state my stand on the use of such companies on my website - www.gadgets-gizmos-inventions,com. But, you may want to go that way anyway to develop your patent or invention. If that’s the case, here are seven helpful tips for you to make smart patent and invention development decisions:

?1. Learn About the PatentProcess.

?When you understand the basics of how to get a patent, you will know when invention marketers are making promises they, or the patent system, can't deliver. Knowing the steps to do a patent search, and what is required, as well as knowing what happens in the patenting process can only help you in making the right decision. You will have a better idea about whether the company you are talking to knows what they are doing for you - and not just their pocketbook.??2. Do Your Homework.

?Check the organization's references, ask for credentials, and then check them. Ask them for statistics on how many successes they have had compared to how many total clients. They are required by law to offer you this type of information. In fact, the American Inventors Protection Act of 1999 gives you the following rights when dealing with invention promoters.

Before an invention promoter can enter into a contract with you, it must disclose the following information about its business practices during the past five years:

•             how many inventions it has evaluated,

•             how many of those inventions got positive or negative evaluations,

•             its total number of customers,

•             how many of those customers received a net profit from the promoter's services, and

•             how many of those customers have licensed their inventions due to the promoter's services.

This information can help you determine whether the promoter has been selective in deciding which inventions it promotes, and how successful the promoter has been. Ask for names of “successful” clients, and talk to them.

Invention promoters also must give you the names and addresses of all invention promotion companies they have been affiliated with over the past 10 years.

This information can help to determine whether the company you're considering doing business with has been subject to complaints or legal action.

You can call the U.S. Patent and Trademark Office (USPTO) at 1-866-767-3848, and the Better Business Bureau, the consumer protection agency, and the Attorney General in your state or city, and in the state or city where the company is headquartered to check them out.??3. Be Realistic.

?Not every invention is patentable. Know that very few ideas - even the good ones - become commercially successful. Be wary of any developer willing to promote virtually any invention. If you are presented with the phrase - "We think your idea has great market potential" - beware, and take it for what it is - in a lot of cases, just a sales pitch. ??4. Know Where Your Money Is Going.

?Ask the organization how your money will be spent. Be on guard against large up-front fees and find out exactly how the money is spent. If the company gives you something like - "Our company has evaluated your idea, and now wants to prepare a more in-depth research report. It'll be several hundred dollars" - ask them if the idea is good enough for more research why don’t they foot the bill. ??5. Protect Your Rights.

DO NOT disclose your invention to a developer over the phone (or at any time) before first having them sign a confidentiality agreement. You could forfeit valuable patent rights. A sample confidentiality agreement is available on my website. ??6. Track Your Invention's Progress.

?If you decide to use an invention development organization, deal directly with the agent or patent attorney who will be handling your patent application. A lot of these type of firms outsource the work which is not good for you.

Many invention promotion firms also may claim to perform patent searches on your idea. Fraudulent invention promotion firms usually do patent searches that are are incomplete, conducted in the wrong category, or unaccompanied by a legal opinion on the results of the search from a registered patent attorney.

Because unscrupulous firms promote virtually any idea or invention without regard to its patentability - they may go ahead and market an idea for which someone already has a valid, unexpired patent. In that case, you may be the one subjected to a patent infringement lawsuit - even if the promotional efforts on your invention are successful. Most probably, the way the infringement suit is attracted is through a successful product.??7. Don't Get Discouraged! ??The patent process can be very complicated, so you will probably need professional help. There are many good patent agents and attorneys that can help you. The U.S. Patent and Trademark Office maintains a nationwide register of attorneys and agents who meet the legal, scientific and technical requirements of the office.

The first step should be a patent search done by a reputable searcher. Your patent attorney can help with this, and should review the search for a package price, depending on the complexity of the invention.

Hang in there. It is a long and complicated process. But if your idea passes the initial search test and evaluation, there is a good chance you can receive a patent - in two or so years.

 Source: Articlecity.com

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Intellectual Property Defined

Ignorance of the law excuses no one. If you are unaware of your law, then you are in for big trouble. To better understand what are your rights and duties, educate yourself.

Issues regarding intellectualproperty rights are an important topic of discussion as many things revolve around this theme. Knowing what an intellectual property is the first step in our education. The U.S. Department of State defines it as:

“Creative ideas and expressions of the human mind that possess commercial value and receive the legal protection of a property right. The major legal mechanisms for protecting intellectual property rights are copyrights, patents, and trademarks. Intellectual property rights enable owners to select who may access and use their property, and to protect it from unauthorized use.”

This definition gives emphasis on the word protect. Indeed, it is designed to extend protection to the creator of a certain creative work or a product. Legal provisions are installed to give the owner the exclusive right to control access and use of his property. The law provides for specific procedures when a violation of these rights is committed.

Copyrights and industrialproperty are two categories that make up intellectual property.

Copyright laws provide for the owner an exclusive right to control access of his creative work. Variations may exist with different countries but the basic idea is this.

Industrial property includes such things as patents and trademarks. A patent is defined as a legal grant issued by a government permitting an inventor to exclude others from making, using, or selling a claimed invention during the patent's term. A trademark on the other hand is a name or symbol secured by legal registration that identifies a manufacturer's or trader's product or service and distinguishes it from other products and services.

Any infringement on these rights entitles the owner to a day in court. Filing a lawsuit is a must if you want to be compensated for the damages you have received. Of course you won’t know if you are already being violated unless you know what you’re rights are. There is a great need for us to be familiar with the concepts of intellectual property laws for us to know when we are being wronged and what needs to be done to address that wrong. Like they always say, “Knowledge is Power.”

 Source: Articlecity.com

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Copyright and related Right

Copyright/ related Rights Registration

Copyright is stipulated in particularly in Civil Code, Law on Intellectual Property 2005, amended and supplemented in 2009 and  Decree No. 100/2006/ND-CP: Detailing And Guiding The Implementation Of A Number Of Articles Of The Civil Code And The Intellectual Property Law Regarding The Copyright And Related Rights

Copyright means rights of an organization or individual to works which such organization or individual created or owns. Copyright shall arise automatically at the moment a work is created and fixed in a certain material form; irrespective of its content, quality, form, mode and language and irrespective of whether or not such work has been published or registered

As stipulations of Law on Intellectual Property in 2005, amended and supplemented in 2009, Copyright in works shall comprise moral rights and economic rights. Moral rights (except publication rights) shall be protected all whole life of authors and from 50 to 75 years since the author or the final co-author dies.

Copyright-related rightsor related rights means rights of organizations and individuals to performances, phonograms, video recordings, broadcasts and encrypted program-carrying satellite signals. The rights of performers shall be protected for fifty (50) years, which starts from the year following the year in which the performance is turn into a fixed form. The rights of producers of audio and video recordings shall be protected for fifty (50) years which starts from the year following the year of publication, or fifty (50) years which starts from the year following the year in which any unpublished audio and video recording is turned into a fixed form. The rights of broadcasting organizations shall be protected for fifty (50) years which starts from the year following the year in which a broadcast is made.

Like the Trademark registration, Copyright registration shall be the important legal bases to resist actions of appropriating copyright, impersonating authors, counterfeiting, infringing on copyright which lead to damage on reputation of authors.

ANT Lawyers supplies service on copyright/ related right consultant as follows:

·         Advise in grounds for the generation and establishment of Copyrights; basic limitation of Copyrights/ related rights;

·         Consult and implement procedures relating to copyright/ related rights registration;

·         Consult, represent Clients negotiating  and drafting using agreement, assignment agreement and other contracts relating to  copyright/ related rights registration;

·         Complaint decision relating to issuing copyright/ related rights certificate;

·         Consult, collaborate with competent authorities in solving copyright/ related rights infringement.

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Industrial Design Registration in Vietnam

How to Register Industrial Design in Vietnam?

Industrial design is the appearance of the product which is expressed through shapes, lines, colors or combinations of these factors.

A product as being commercially marketed will have a certain style with a combination of certain shapes, lines, colors, etc which is the design of the product. When a new design to be launched, if it attracts customers, there is a big chance there will be fake or imitated products. Therefore, before a new design is launched, business owners need to conduct registration procedures for protection of industrial designs. That is the action for the protection of its product design and the prestige of the enterprise in the market.  This protection will prevent the infringement of the design, therefore the registration of industrial design protection is essential.

ANT Lawyers IP services in the field of industrial design registration advice covers:

• Look-up, assess and consult possibilities to register industrial design in Vietnam and abroad;

• Represent clients in applying for certificates of industrial design, record modification, extend degree of industrial protection in Vietnam and abroad;

• Evaluate the effectiveness of the certificate of industrial design registration and the possibility of industrial design rights violation;

• Implement of the protected industrial design rights: investigate, monitor, negotiate, seek arbitration or initiate a lawsuit or request other competent agencies for handling of infringement in Vietnam and abroad;

• Negotiate, draft, evaluate and register the of changing industrial design ownership in Vietnam and abroad;

• Advise on building strategies, brand development; For advice and specific details in each case, please contact us directly for advice.

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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International Trademark Registration Under Madrid Protocol/ Agreement

Trademark is the asset of individuals, and organizations which is protected independently in each nation therefore a trademark being registered in a country would still be a subject of violation in another country because it is not yet registered.

Currently based on a trademark patent or a national trademark application, by filing an international application, the trademark owner shall acquire the right of trademark registration in some or all members of the Madrid system.

With highly professional staff and great experience in intellectual property practice in Vietnam, ANT Lawyers would support the in registering your trademark under Madrid Protocol/ Agreement (Madrid System)

Conditions of international registration under Madrid System

People who have been granted the Certificate of Trademark Registration in Vietnam have the right to register their respective international trademarks under the Madrid Agreement;

People who have already filed an application for registration of a trademark in Vietnam and who have been granted a certificate of registration of a trademark in Vietnam shall have the right to make an international registration of the mark corresponding to the Madrid Protocol.

International registration application originating from Vietnam

An application for international registration of a mark designating a contracting party to the Madrid Agreement as a country to be registered and not designating any country member of the Madrid Protocol must be made in French.

An application for international registration of marks designating at least one member country of the Madrid Protocol, including the designation of a country party to the Madrid Agreement, must be made in English or French.

The declaration shall be as form provided by Vietnamese competent Authorities. The declaration shall designate the countries being parties of the Madrid Agreement (may simultaneously be a Member of the Madrid Protocol) and the country member of the Madrid Protocol to which the applicant wishes to apply for trademark protection.

The applicant shall ensure all information is accurate and in accordance with information in attached document.

International registration office for application from Vietnam

International application shall be filled at International Bureau through National Office of Intellectual Property of Vietnam

The date the National Office of Intellectual Property receives the application for international trademark registration shall be the date of the filing if the International Bureau receives the application within two months from the date of receipt. If the application is not completed for submission to the International Bureau within the above time limit, the date of receipt shall be the date of filing the application to the International Bureau.

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What a Law Firm Could Assist in an M&A Deal?

What could be assisted in an M&A Deal by a law firm?

M&A, abbreviated by Mergers and Acquisitions is expanding in both quantity and volume in Vietnam in many sectors. Successful M&A deals depend on various factors and legal due diligence, and drafting agreements are important processes in Vietnam.

For investors whom are interested in M&A deal in Vietnam as buyer or seller,it is important to hire a law firm that will assist in the process. The law firm in Vietnam could provide assessment of the target company through a legal due diligence, a legal background directly related to M&A deal, all of which are necessary to the completion of a successful deal. The attorney could then draft the letter of intent, and legal contracts, including the final purchase agreement, which will include a lot of stipulations that will need to be done correctly in order for the business transaction to be beneficial to both parties and in compliance with Vietnam regulations.

A law firm with expertise of Vietnam regulations, with the lawyers having experience and legal knowledge will be able to provide the clients with the right check-list of the documents to review.  In addition, the presence of lawyers contributes to strengthening the trust of the parties. In recent years, foreign businesses have often made acquisitions of all or part of a Vietnamese enterprise, and they often require the seller to engage law firms specializing in M&A. And now, not only the foreign businesses but also the Vietnamese parties are in need of conducting M&A deals with the participation of lawyers to ensure the success.

Lawyers shall conduct legal due diligence of enterprises, check reports and explanations with prudence, honesty and efficiency. They help the buyer and/or seller to understand their legal status, legal rights and obligations, legal regulations for assets, labor contracts, land records, construction and investment registration, certificates, and licenses and other matters. This is the basis for determining the status of enterprise and possible legal risks may cause. Lawyers will conduct and produce the most comprehensive, accurate, legal and objective information and legal documents by their professional, knowledgeable and ethical.

Lawyers shall advise the structure of an M&A to ensure the commercial intent that the parties are aiming and shorten the execution time and costs. In addition, it ensures the legality of procedures, safety and minimizes the legal and financial risks for the parties.

There is no common contract template for all M&A deals. Lawyers shall actualize the trade agreements, the will of the parties to the legally binding terms of the contract as well as clearly defines the rights and obligations of the parties to ensure the enforceability, minimize unlawful agreements or unclear terms that may cause the subsequent disputes.

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