http://www.artwoo.com Returned search results for patents and trademarks Copyright 2008 Mon, 01 Dec 2008 16:29:44 +0000 http://www.artwoo.com/rss/patents+and+trademarks http://www.artwoo.com/article/what-are-trademarks http://www.artwoo.com/article/what-are-trademarks#comments Thu, 15 Jun 2006 18:32:11 +0000 patent and trademarktrademark ownerunited states patent and trademarkunited states patent and trademark officeunregistered trademarkspatent and trademark officepatent office http://www.artwoo.com/article/what-are-trademarks
A trademark owner is entitled to the exclusive use of the trademark in the product specifically intended to be identified by the trademark or to other related product which he owns.

The trademark user and owner can register his trademark with the Patent Office. Any trademark can be registered for as long as it is not own by anyone and that the entity seeking its registration is already using or is planning to use the trademark in the future. However, unregistered trademarks are still protected under the common law as long as the owner can establish his use of the trademark.

A trademark can be a word or combination of words or symbols that differentiates a certain products from the others. Trademarks are different from patents and copyrights in the sense that a copyright is geared towards the protection of original works of art including music or literary works while a patent is geared towards the protection of an invention.

Why should individuals or companies register their trademarks if these are already protected by law even if they are unregistered? Registration of trademarks is encouraged because the fact of registration serves as legal and practical notice to the public that it is already being used and owned by another. The owner can also sue another entity in Federal Court, for using a registered trademark. Such registration can also be used as a basis for registering the same trademark in other countries.

Anyone can already use the trademarks sign "TM: or the service mark "SM" even if the marks have not yet been registered.

However, the Federal symbol of registration can only be used after the mark has been registered with the United States Patent and Trademark Office.

Registration of trademarks or service marks can be done through the internet. After submitting the form online, the registrant can expect an immediate reply or issuance of an initial receipt from the Trademark Office. Applications can also be delivered to the Trademark Office.

The registration process is actually easy and self explanatory that there is no need to hire a lawyer. You must however comply with all the requirements for registration for a quick processing of your application. The author is a regular contributor to http://www.trademarkthat.com where more information about business and trademarks is available. ]]> http://www.artwoo.com/article/how-patent-searches-work http://www.artwoo.com/article/how-patent-searches-work#comments Fri, 17 Nov 2006 16:27:09 +0000 free patent searchpatent searchesinvention patentpatent applicationus patentsusptobusiness method patents http://www.artwoo.com/article/how-patent-searches-work free patent search in order to determine the patentability of his or her invention. Patent searches have traditionally been limited to a search of the Patent Office's records of prior patents and publications. The recognition of business method patents combined with the assistance of the Internet made it both necessary and possible for patent searches to evolve and become easier to do. Still, patent searches begin in the electronic databases of the various Patent Offices worldwide.

Inventors need not solicit the help of a professional to conduct a prior patent search. They can do the work themselves by searching for patent search Web sites online. For an inventor to be able to start his or her own patent search, he or she needs to first access the U.S. Patent Office Database at uspto.gov/patft/index.html" >http://www.uspto.gov/patft/index.html.

A Patent and Trademark Depository Library (PTDL) is a library designated by the (PTO) to receive and house copies of US patents and patent and trademark materials, to make them available to the public, and to disseminate both patent and trademark information. A library must meet specific requirements and promise to fulfill certain obligations to be designated as a PTDL. At these PTDLs patents and trademarks (word marks only) may be searched. Patent and Trademark Depository Librarians cannot give any legal advice nor can they perform the free patent search for someone.

For many inventors it is important to avoid spending thousands of dollars in a patent application only to have it refused. In some instances, only certain elements of the proposed invention (embodiments), but not all, will be patentable. Conducting a prior patent search and allows the inventor to identify the patentable elements and file a patent application which avoids the problem embodiments.

7 steps to conducting a free patent search at Patent and Trademark Depository Library (PTDL):

1. Index to the U.S. Patent Classification Begin with this alphabetical subject index to the Manual of Classification. Look for common terms describing the invention and its function, effect, end-product, structure, and use. Note class and subclass numbers.

2. Manual of Classification Locate class and subclass numbers in the Manual. Note where the terms fall within the US Patent Classification System. Scan the entire class schedule, paying attention to the dot indent. Revise search strategy as needed.

3. Classification Definitions Read the definitions to establish the scope of class(es) and subclass(es) relevant to the search. The definitions include important search notes and suggestions for further searching.

4. Browse Patent Titles and Abstracts Check if you are on the right path; retrieve and browse through titles of patents and published applications in the given class and subclass. Or redirect the search: retrieve lists of patents and published applications containing applicable keywords; note their class and subclass numbers and go back to Step 2. Remember that Patents BIB includes bibliographic information for patents from 1969 to present and published patent applications from 2001 to the present. WEST includes the full-text of patents from 1971 to the present. USPTO databases on the Web include the full-text of patents from 1976 and images (searchable only by class or number) from 1790 to the current week, plus published applications from 2001 to present. 5. Retrieve Subclass Listing Once you have identified the relevant classes and subclasses, obtain a list of all patent numbers granted from 1790 to the present and all published applications from 2001 to the present for every class and subclass to be searched.

6. Official Gazette - Patent Section Go to the Gazette and look for exemplary claim(s) and a representative drawing for all patents on the list(s) to eliminate patents unrelated to the invention. For published applications, view the complete document on-line.

7. Complete Patent Document Search the complete text and drawing(s) of closely related patents to determine how different they are from the invention. (Years of coverage vary with format). Barbara Davis enjoys writing for several web sites, most recently http://sowbelly.com and http://cunid.com ]]> http://www.artwoo.com/article/protecting-your-intellectual-property-how-copyrights-and-patents-affect-your-ebiz http://www.artwoo.com/article/protecting-your-intellectual-property-how-copyrights-and-patents-affect-your-ebiz#comments Sun, 30 Jul 2006 12:27:11 +0000 patent attorneycopyright officeintellectual propertylaw trademarkscreative expressiontrademarkcommon law http://www.artwoo.com/article/protecting-your-intellectual-property-how-copyrights-and-patents-affect-your-ebiz intellectual property (IP) every day. If you own a website, that website is your intellectual property. The way you deal with IP--yours and others--can directly impact the success of your business.

What's Intellectual Property?

Registered patent attorney Patricia McQueeney (http://BrinkleyMcNerney.com) explains, "[Intellectual property] can be broken down...into four types: patents, trademarks, copyrights, and trade secrets."

• A patent deals with a completely new invention--a useful item, a novel look on an already-existing item, or a new plant species. Depending on the type of patent, they're good for between 14 and 20 years. The scope of a patent is defined by its claims. A claim is only one sentence but it may go on for pages, which is why it's best to hire an experienced patent attorney.

• Copyrights protect creative expression--books, websites, songs. There is such a thing as common law copyright, which means that you have rights when you create something. The difficulty lies in proving you were first to create it.

For only $30 you can register with the U.S. Copyright Office (http://www.copyright.gov). The forms aren't complicated, and you have a lot more protection in an infringement suit. The copyright is good for your lifetime and seventy years after you die, and you can make it assignable to anyone upon your death.

Copyrights don't protect the information found in a book or on a website, but they protect the lay-out and presentation. For websites, registering your first and last 25 pages of code protects the code for your entire website and the creative expression of your display screens.

• A trademark designates an object's source--it's a mark or name associated with quality. In trade mark law, arbitrary names are encouraged--Kodak, Kleenex, Apple. The less your trademark describes your product, the stronger it is. If you sell film, using "Film" as a trademark won't hold up in court. Again there are common law trademarks, but they're hard to prove and offer less protection than a state or federal trademark (http://www.uspto.gov).

• Trade secrets are governed by state laws and vary from state to state. They encompass a variety of things from formulas (think "Coke") to customer lists to product sources. Many companies have contracts that expressly prohibit their employees and vendors from giving away any information they're exposed to while doing business with them. Commonly known facts aren't considered trade secrets so it's good to be discreet with your valuable information.

Get it in Writing

It's important to remember that copyrights and patents give rights to the person who comes up with the idea, not the company that employs them. So if you hire someone to design your website, the creator owns it unless you have the copyright assigned to you in writing. That's why many business owners state in their employee agreements that any works or useful inventions created on company time with company funds will be assigned to the company. Cautions McQueeney, "You don't own it unless you get it written over to you." Chris Malta and Robin Cowie of WorldwideBrands.com are the Writers and Hosts of The Entrepreneur Magazine EBiz and Product Sourcing Radio Shows. Visit http://www.worldwidebrands.com/EMRinfo for more FREE eBiz info from Entrepreneur Magazine Radio! ]]> http://www.artwoo.com/article/protecting-your-intellectual-property-how-copyrights-and-patents-affect-your-e-biz http://www.artwoo.com/article/protecting-your-intellectual-property-how-copyrights-and-patents-affect-your-e-biz#comments Tue, 21 Aug 2007 04:20:03 +0000 intellectual propertypatent attorneycreative expressionwhich means thatnew inventionkleenexpatents trademarks http://www.artwoo.com/article/protecting-your-intellectual-property-how-copyrights-and-patents-affect-your-e-biz intellectual property (IP) every day. If you own a web site, that web site is your intellectual property. The way you deal with IP =97 yours and others =97 can directly impact the success of your business.

What's Intellectual Property? Registered patent attorney Patricia McQueeney (http://BrinkleyMcNerney.com) explains, "Intellectual property can be broken down into four types: patents, trademarks, copyrights, and trade secrets."

=95 A patent deals with a completely new invention =97 a useful item, a novel look on an already-existing item, or a new plant species. Depending on the type of patent, they're good for between fourteen and twenty years. The scope of a patent is defined by its claims. A claim is only one sentence but it may go on for pages, which is why it's best to hire an experienced patent attorney.

=95 Copyrights protect creative expression =97 books, web sites, songs. There is such a thing as common law copyright, which means that you have rights when you create something. The difficulty lies in proving you were first to create it.

For only $30 you can register with the U.S. Copyright Office (http://www.copyright.gov). The forms aren't complicated, and you have a lot more protection in an infringement suit. The copyright is good for your lifetime and seventy years after you die, and you can make it assignable to anyone upon your death.

Copyrights don't protect the information found in a book or on a web site, but they protect the lay-out and presentation. For web sites, registering your first and last twenty-five pages of code protects the code for your entire web site and the creative expression of your display screens.

=95 A trademark designates an object's source =97 it's a mark or name associated with quality. In trade mark law, arbitrary names are encouraged =97 Kodak, Kleenex, Apple. The less your trademark describes your product, the stronger it is. If you sell film, using "Film" as a trademark won't hold up in court. Again there are common law trademarks, but they're hard to prove and offer less protection than a state or federal trademark (http://www.uspto.gov).

=95 Trade secrets are governed by state laws and vary from state to state. They encompass a variety of things from formulas (think "Coke") to customer lists to product sources. Many companies have contracts that expressly prohibit their employees and vendors from giving away any information they're exposed to while doing business with them. Commonly known facts aren't considered trade secrets so it's good to be discreet with your valuable information.

Get It In Writing It's important to remember that copyrights and patents give rights to the person who comes up with the idea, not the company that employs them. So if you hire someone to design your web site, the creator owns it unless you have the copyright assigned to you in writing. That's why many business owners state in their employee agreements that any works or useful inventions created on company time with company funds will be assigned to the company. Cautions McQueeney, "You don't own it unless you get it written over to you." Product Sourcing Radio is Created and Hosted by Chris Malta and Robin Cowie of http://WorldwideBrands.com, Home of OneSource: The Internet's Largest Source of Genuine, Factory-Direct Wholesalers for online sellers. Visit http://www.WorldwideBrands.com for more FREE E-Biz and Product Sourcing info! ]]> http://www.artwoo.com/article/canadian-patent-system http://www.artwoo.com/article/canadian-patent-system#comments Wed, 22 Nov 2006 18:27:08 +0000 canadian patents databasepatents officepatent officepatent agentinventor filesinventionoffice staff http://www.artwoo.com/article/canadian-patent-system inventor files before you do they will own the patent even if you can prove that you were the first to conceive of the invention. Therefore it is advisable to file Canadian patents as soon as possible without running the risk of omitting essential features from the application. If that happens you may have to reapply later. Advertise, displaying, or publishing information on your invention too soon is also not allowed. You can be excluded from this rule if the disclosure was made by the inventor, or someone who learned of the invention from the inventor, less than one year before filing.

Steps in Obtaining Canadian Patents Protection

Preliminary Searching Conducting a preliminary search of existing Canadian patents is the most important step. Since it costs money to file for a patent, even if that patent is refused, determining if your invention has ever been patented before can save you much time and money.

Canadian Patents Database Online Using the Canadian Patents Database Online you can do a preliminary search of Canadian patents bibliographical information and have access to descriptions and image documents on issued Canadian patents since 1920. Also available are all applications published in Canada since October 1989. Search options supported include key words in the title, the name of the inventor, owner or applicant, the international or Canadian Patents Classification, the PCT information, the abstract or claims text. This resource can be found at patents1.ic.gc.ca/intro-e.html

Searching at the Patent Office The only way to conduct patentability or infringement search on your own, if you do not want to solicit the aid of patent agent or lawyer, is by visiting the Patent Office. Canadian Patents Office staff will not do the search for you, but can direct you and give you useful information.

There are over 1.5 million Canadian patents held at the Patent Office in Place du Portage I, Gatineau, Quebec. Patent documents filed prior to October 1, 1989, are classified according to the Canadian Patents Classification system and Canadian Patents documents filed on or after October 1, 1989, are classified and searchable according to the International Patent Classification (IPC) system. These documents can be consulted on the World Intellectual Property Organization (WIPO) Web site at: www.wipo.int/classifications/en/index.html. The Patent Search Room, in the Client Service Centre, is open from 8:30 a.m. to 4:30 p.m., Eastern Time, Monday through Friday, except on legal holidays.

Full Searching of Canadian Patents Documents using TechSource TechSource is an electronic patent system that holds the scanned digital image of over 1.5 million patent documents dating back to 1920 and the text version of the documents from 1978. The imaging system enables users to view all parts of Canadian patent documents from workstations. TechSource includes Inquire/Text, a search and retrieval component, which allows the searching of the patent database. This image and text search and retrieval capability is currently available through the Patent Search Room in Gatineau. Linda Johnson contributes to several web sites, including http://duned.com and http://products-resources.com ]]> http://www.artwoo.com/article/before-you-apply-for-a-patent-make-sure-you-read-the-following http://www.artwoo.com/article/before-you-apply-for-a-patent-make-sure-you-read-the-following#comments Fri, 18 Aug 2006 22:27:12 +0000 patent and trademarkpatent and trademark officeapply for a patentpatent informationreissue patentfederal patenttrademark depository library http://www.artwoo.com/article/before-you-apply-for-a-patent-make-sure-you-read-the-following
Surely no one has already come up with such a unique concept or product. Or have they?

Before you apply for a patent from the U.S. Patent and Trademark Office that is exactly what you'll need to find out.

The PTO is, as the federal patent source in the United States, also the storage facility for all patent information in the country. In fact, it's here where you can find many patents from other parts of the globe as well. Here, therefore, is where you'll need to go to find out if you're really going where andquot;no one has gone before.andquot;

The U.S. PTO is housed in Alexandria VA and you're welcome to visit the facility and browse the files on active, retired and pending patents in person. Here you'll find all patents from 1790. While those awarded prior to 1920 are simply listed, without backup details, and those 1920-1970 offer a little more detail, any patent issued from 1971 to the present is available in its entirety - application and backup and process details included - on microfilm or disc.

For those who wish to search without a trip to the Virginia PTO office patent information is available online for post-1976 patents, or you can visit the nearest Patent and Trademark Depository Library (PTDL). Rather than regional PTO offices, these are actual libraries - public, university or state-run - that have applied for, and been granted PTDL status. Since its 22-library inception in 1871 the PTDL system has grown to more than 80 facilities.

The informational details you'll be able to find on each patent, whether design, utility, plant or reissue patent, will include statutory invention registrations, certificates of reexamination, and the current status of the patent subsequent to its issuance. You will also be given access to the patent and trademark sections of the Official Gazette of the U.S. Patent and Trademark Office as well as every PTO index, directory and tools for a patent search.

The U.S. PTO suggests that you use this seven-step process for your patent search:

(1) Start with the Index to the U.S. Patent Classification, which is divided alphabetically, offering a search by use, structure, end product and effect. You'll want to make note of any relevant classification and sub-classification numbers;

(2) Next go to the Manual of Classification and search out the noted classifications and sub-classifications;

(3) Read the Classifications Definitions publication, which will give you better clarity on whether the patents you've noted are closely aligned with your new concept;

(4) Peruse the Patent Titles and Abstracts, which will, with patents subsequent to 1920, offer more detail on each patent you've chosen to explore;

(5) Now access the Subclass Listing, which will display all patents from 1790, and even current applications not yet approved or finalized, that fall under the sub-classification you've determined may be similar to your new product;

(6) Next you'll go to the patents section of the Gazette and explore the summary of those patents shown in the subclass that you think are similar to yours;

(7) Your last step is to look at the details of those you think may be relevant. This is done through a perusal of the Complete Patent Document. Robert Michael is a writer for Juris Patents which is an excellent place to find patents links, resources and articles. For more information go to: http://www.jurispatents.com ]]> http://www.artwoo.com/article/patent-it-if-you-dont-someone-else-will http://www.artwoo.com/article/patent-it-if-you-dont-someone-else-will#comments Mon, 31 Jul 2006 10:27:10 +0000 applying for a patentinventionutility patentsplant patentsdesign patentideavacuum cleaners http://www.artwoo.com/article/patent-it-if-you-dont-someone-else-will invention that has been burrowing away in your mind for years? Do you think it could make you real money, but you lack the financial ability to do anything about it at the moment? If you do, you might want to consider applying for a patent.

Whilst it can seem quite expensive to buy a patent for something that is currently only an idea, it can be well worth it in the long run. For every invention, from vacuum cleaners to mobile ringtones, there has always been somebody left kicking themselves because they had thought of it first -- but were usurped by a company that is now making millions.

Patents are awarded by the government and give an inventor the right to stop others using, selling or manufacturing their idea without permission. This lasts for a limited amount of time, depending on how much is paid. Patents are often described as granting "intellectual property" -- meaning that they can be bought, sold or rented to others.

A patent gives you the right to stop others from making your invention, but it does not give you rights above anyone else to have your invention made. Once you have one, you will need to start thinking about ways to manufacture your idea.

The two main types available in the United States are Design and Utility. Utility patents are awarded for the invention or discovery of any new, useful and developable process, article of manufacture, machine or composition of matter.

If you have a new, original and ornamental design for an article of manufacture, in the United States you may be granted a Design patent.

Additionally, Plant patents are available to anyone who discovers and can asexually reproduce a totally new variety of plant.

The rules for awarding these property rights include the fact that your invention must be "useful". This means both that it should have a purpose, and that it should be manufactured by normal industrial processes. An invention that cannot be fesibly manufactured could be rejected.

Abstract ideas, including laws of nature and observed or created physical phenomenon, cannot be granted patents. Neither can you be granted property rights over an idea or suggestion -- it is the actual invention or machine described by you that it patented, not your idea.

Sometimes you have an idea, but do not know it already exists somewhere. If other people in this country have known about or used your idea before you apply, you will not be eligable to have it patented. There are websites where you can check which ideas have already been granted a patent.

Furthermore, if your invention has appeared in a printed publication in any country in the world, for more than a year before your application, you cannot have property rights over it.

For more information, you may wish to look up the Patent and Trademark office of your government, which will highlight the full rules and procedure. Often, when people are sure they are eligable, they choose to hire a patent attorney or agent to help them with applications. Good luck! Loreno Lepe has a background in the chemical and construction industries. To read more articles click http://www.more-articles.info. For more help visit http://www.patents-advice.info and http://www.patents-services.info. ]]> http://www.artwoo.com/article/pay-attention-to-trademarks-and-copyrights http://www.artwoo.com/article/pay-attention-to-trademarks-and-copyrights#comments Tue, 06 Jun 2006 06:32:02 +0000 coca cola companytrademarknamesregisterbusiness namepatent officewaste of money http://www.artwoo.com/article/pay-attention-to-trademarks-and-copyrights
What's in a Name?

Your name is one of the most important assets your business has -- it's how your customers identify you. Knowing your name is the first step to trusting you and recommending you to others. But what can you do if you're afraid that someone else might start using your name, or simply start another company with a similar enough name to confuse people?

The answer is that you can register a trademark. A trademark is a word or logo that distinguishes one thing from another, and you have the right to register any names or logos your business uses, in order to stop other people from using them. Coca-Cola, for example, is a trademark of the Coca-Cola Company -- if I start selling my own drink and calling it 'Coca-Cola', or even something like 'Cocoa-Cooler', then they have grounds to sue me.

Making Your Mark.

You can trademark both your business' name as well as the names of any products you sell. The only condition is that they can't be too similar to names that someone has already trademarked, and you can't usually trademark words that are in common use.

It costs a few hundred dollars to register a trademark, and you can do it through the patent office. It can be a waste of money to trademark too many words, so you should only bother with it if you think one of your names could be threatened by competitors.

Once you get your trademark, it's yours -- you can do whatever you want with it, including giving others permission to use it or selling it to them. Remember, though, that your trademark usually only applies in the country where you registered it -- you will not usually be protected from competition where foreign businesses are using your trademark. Also, your right to use the trademark will only last for a set number of years (usually a decade from the date of registration). After this time, you will have to pay again to renew it.

Don't Copy Me.

Copyrights are similar to trademarks in terms of the kind of protection they offer, but different in how they work. In almost all countries, ownership of copyright is automatic, and costs nothing. The moment you write (or draw, or record) something, you own the copyright on it, and can take action against anyone who makes a copy of it without your permission. This article you're reading right now, for example, has the automatic copyright. If you decided to copy it without permission and put it on your own website, then that would be illegal. Not that you would do such a thing, of course.

It is possible to own the copyright on almost anything that exists but isn't physical: music, graphics, writing, computer programs, and so on. It does not, however, cover physical things (that's patents), nor does it cover names (that's trademarks).

A copyright lasts longer than a trademark: typically it lasts until you die, and then a set number of years after that, depending on your country and the kind of thing that was copyrighted. After the end of this time, the work becomes 'public domain', free for anyone to use.

Of course, copyright is a right, not something that you absolutely must go along with. If you want to give people permission to freely use and redistribute something you've made, then you have the legal right to do this. You can even give up your copyright on a piece of work altogether, simply by writing on it that you no longer want to own the copyright.

Since you're in business, though, the chances are that you'll want more protection for your materials, not less. Look into registering your copyright at the patent office, as doing this will give you an even stronger case if you ever need to use it. UNIQUE Internet Marketing Software Saves You At Least 33 Minutes Of Your Valuable Time Per Day! Visit http://www.promobuddysoftware.com You may reproduce this article as long as an active hyperlink is accompanied. ]]> http://www.artwoo.com/article/patents-how-to http://www.artwoo.com/article/patents-how-to#comments Thu, 20 Apr 2006 01:50:02 +0000 apply for a patentpatent attorneypatent searchespatent applicationusptoidearesearch patents http://www.artwoo.com/article/patents-how-to idea or design that you think no one else has ever had. You want to move forward on the idea, but you also don't want anyone to copy your idea. What do you do? You need a patent.

You have heard of patents. You have an idea of what a patent is. But what protection does a patent really give you? How much does it cost? How long does it last? How do I know if someone already received or applied for a patent like the one I want to apply for? How do I apply for a patent? Should I hire a patent attorney?

In this article I will try to help you answer those questions and offer a little more insight into the whole patent application process, including how to research patents to see if there are ideas already patented that are similar to yours.

The first thing you need to do is define your idea onto paper. Use as much detail as possible. You are more likely to receive a patent when you include a lot of detail and avoid anything that is vague or too broad in concept.

Once you have done this, go to uspto.gov">http://www.uspto.gov">http://www.uspto.gov Click the link, on the left at the writing of this article, which says patents. You are not ready to apply for your patent yet, so scroll down to where it says, "Online Patent Searches".

You will have two options there. One reads "Issued Patents", and the other reads "Published Applications". You will be researching both, but begin with the most important, which is "Issued Patents".

Use the link there that reads, "Advanced Search". Type in all the terms you can think of that relate to what you want to patent. Use the option that reads, "1976 to present", as anything patented before that date will not matter in most cases.

Search the headlined results for anything that looks like it might be similar to your idea for a patent. Click those links that apply to you. Look at the way it is formatted as well as look to see if your idea is exactly like the idea that already has a patent issued for it.

The reason I said to take note of the format in which the issued patent is displayed is for you to look at the way you wrote down the notes of your own idea and compare them. Try to format the description of your idea similar to that of a patent that is already issued. Make sure you include all the same type of information they have formatted into their patent.

If you find someone else has already received a patent that is too similar to your idea, you have just saved yourself a $215, (at the writing of this article), patent application fee.

If you do not find any issued patents that are like the idea you wish to patent, then go back to the page that had the two options, "Issued Patents" and "Published Applications". Now click Published Applications, advanced search and repeat the process of searching for ideas that are similar to yours.

If you find one that is exactly like your idea, keep in mind that the first application for that patent will be granted over the newer one. It does not mean you cannot apply for it. If you can improve on your idea, then go ahead and apply. If their application is turned down for some reason like lack of detail, etc., your patent could still be issued.

If you do not find an applied for patent, then you can proceed to apply for a patent on your idea. The research part of the patent process is over. Go back to http://www.uspto.gov">http://www.uspto.gov/ebc/index.html where you clicked on "Online Patent Searches" before and click on "Basic Initial Filing".

Fill in the fields for your name and email address, then choose the type of patent you are applying for. If you are not sure of the type of patent to apply for, go back to the home page at http://www.uspto.gov">http://www.uspto.gov and look for the search feature at the top of the page and type in each type of patent with the word definition after it.

That search feature will produce results pages of documents only. In those documents you will find answers to any questions you may have about different types of patents.

If you are sure of the type of patent you wish to apply for, then proceed through the pages. The instructions are very simple. Good luck! I hope this article has helped you learn how to research and apply for a patent! Chuck Crawford is an established webmaster interested in various topical research. If you would like more info on Patents, please visit his website at http://patents.thegiftedone.com This article may be reprinted freely as long as all links remain active. http://www.affiliatewebsitedesign.com http://www.articles.pn http://www.articlescience.com ]]> http://www.artwoo.com/article/how-to-copyright-and-patent-your-software http://www.artwoo.com/article/how-to-copyright-and-patent-your-software#comments Mon, 30 Jul 2007 17:20:00 +0000 software patentpatent applicationspatentscopyright softwareundeniablylegal recoursetangible http://www.artwoo.com/article/how-to-copyright-and-patent-your-software copyright software, the good news is you've probably already done it. At least you have if you have ever written software. Most people get confused over exactly what having a copyright for their software means. Only those things that can be seen (when it comes to software) can be copyrighted. If you want to protect the abstract, look into patents. Otherwise if it is original, fixed, and tangible you can copyright it. Essentially you already know how to copyright software if you've put it into a finished form. Once you've written the source code, the copyright belongs to you.

Copyrighting software doesn't offer the protection that many people hope it will. The idea of software and anything about the finished product that wasn't available in a tangible (visible) form isn't protected by copyright. In fact, the only thing undeniably protected by software copyright is the source code. The question you should ask yourself is not how to copyright software, but how to patent your software.

What Is A Software Patent?

A "software patent" has no universal understanding. In general, owning a patent allows a company certain rights (or exclusivity) for a prescribed amount of time. Individuals or corporations seeking a patent must apply for a patent in each country in which they wish to have one. Unlike copyrights, patents are not automatically granted to applicants and can take a while to be approved.

The growth of Internet business and e-commerce has led to many patent applications for software, particularly software designed for specific business applications. While the cases are granted and successfully tried and defended in some countries, other countries offer no enforcement or legal recourse for those who do not honor the software patent, even if the patents were granted in those countries. The fine line between nations about what is and isn't patentable is another challenge to establish and honor patents.

Patents differ greatly from copyrights, which are issued automatically and recognized and enforced internationally. Copyrights protect the source code of software from being copied and registration is generally not required to protect your work.



Lately there is a new term, "Copyleft," which is an obvious play on words and represents the rights to not only redistribute the copyrighted works, but also to modify and freely distribute those modifications. This term is very much in the spirit of many open source types of software and music. The catch for copyleft protection is that the newly created work be distributed in the same manner and spirit in which it was received. In other words if you were freely given the software, then you must freely provide the improvements and modifications you made to that software.

One unfortunate circumstance surrounding patents is the unequal and obvious disparity between the haves and the have not's. Patent enforcement for software, unlike literature and music, is largely subjective. In literature and music, it is obvious that the copyright has been abused or that the work has been copied; this isn't as simple with software.

How to Obtain a Patent

To obtain a patent for your software, you must apply for a patent in each country that offers patents for software and in which you wish to have the protection a patent can offer. There is no universal legal definition of what a software patent is. Each country that offers patents also has a different definition for what is protected by that patent, as well as for why a patent will be granted. Also consider the fact your software may be given a patent in one country where you applied and none of the others.

Of course, if this is not enough fun for you, you can try to deal with the red tape involved in dealing with multiple governments to resolve any issues or disputes that may have arisen from your software patents.

If you are applying for international patents (which can secure a profitable future for you and your business), you need to find a good patent lawyer and have him walk you through the entire process. Patents are complicated. When you're not exactly sure of what you're doing, whom you need to talk to, and what the next step is, you stand to waste a lot of time while taking a bigger risk. It is much easier to deal with how to copyright software on your own than it is to work out the complicated world of software patents.

If this is your first time designing your own software, you have every right to be nervous. Remember: lawyers went to school much longer than you to know what to do in this situation, so you should not be expected to know how to copyright or patent software when you've never done it before. Brian Scott is a freelance journalist who covers copyright law for http://www.ResearchCopyright.com. Download his free e-book, "Copyright Basics" at http://ResearchCopyright.com. ]]> http://www.artwoo.com/article/clamping-down-on-the-use-of-trademarks-by-third-parties http://www.artwoo.com/article/clamping-down-on-the-use-of-trademarks-by-third-parties#comments Sun, 24 Jun 2007 22:25:00 +0000 jg wentworthplaintiff defendantgoogle adwordspeachtree settlementyahoo googlegoogle enginemsn http://www.artwoo.com/article/clamping-down-on-the-use-of-trademarks-by-third-parties MSN. Because some page owners have paid for some of its links to the search engine websites and the links come up whenever the website owner's results appear as a search result, there have recently been conflicts between the owners of the trademark and some third parties. Efforts are being made to clamp down and contain the unauthorized utilization and misappropriation of trademarks and other intellectual property items when it comes to Internet search related issues.

J.G. Wentworth v. Peachtree Settlement Funding

In one such trademark conflict, J.S. Wentworth complained that Peachtree Settlement Funding infringed the trademarks JG WENTWORTH and J.G.WENTWORTH. The Defendant had used these trademarks as keywords and had paid to have links appear to its own website "immediately proximate to the link to Plaintiff's website on the search-results screen" each time a user of the Internet searched the Google engine for "J.G. Wentworth" or "JG Wentworth."

Because Peachtree Settlement Funding and J.G. Wentworth are competitors in the field of structured settlements, Plaintiff claimed that Defendant had stolen potential customers and diluted the effectiveness of its various trademarks, and that this caused a subtantial profit loss for the plaintiff. Defendant Peachtree moved to have the complaint dismissed.

The court acknowledged two important operative issues:

1. Whether Defendant used the trademark as keywords in the Google AdWords advertising program under the Trademark Act's "use in commerce." Owner of a trademark establishes rights through the use of the trademark in public marketplace.

2. Whether the use of the Plaintiff's trademark infringed trademark rights provided for in the Act because it had a good chance of confusing the consumer.

On whether the trademark was used in commerce, Defendant argued that the trademark's use was not for the public to see, and was not meant to be associated to Peachtree Settlement Funding, only an analog to the user's personal response to a trademark. Defendant claimed it was not used in commerce "in connection with the sale of goods or services" to confuse consumers. Disagreeing, the court decided that Defendant's use of the trademarks as keywords in their Google AdWords links, designed to draw internet users, constituted use in commerce under the Act.

Regarding infringement, however, Defendant argued that using the J.G. WENTWORTH trademarks as keywords was not likely to confuse the consumer. Here the court agreed, and stated "[a]t no point are potential consumers `taken by a search engine' to defendant's website...the links to defendant's website always appear as independent and distinct links on the search result pages." There was also no accusation that the Defendant's ads and links that used the Plaintiff's were "in any way discernable to [I]nternet users and potential customers," and that "[d]ue to the separate and distinct nature of the links created on any of the search results pages in question, potential customers have no opportunity to confuse defendant's services, goods, advertisements, links or websites for those of plaintiff." The court then decided that the use of Plaintiff's trademarks was not trademark infringement under the Trademark Act and the court dismissed the complaint.

The J.G. Wentworth v. Settlement Funding case confirms that it is not copyright infringement to use other companies' trademarks in their online advertising keywords, in the opinion of this Pennsilvania court. Similar decisions have been made by other courts as well, including California, New York, and Virginia, and the Second Court of Appeals.

However, it's important also that online advertisers such as Google AdWords and the trademark owners be aware that the issues of trademark infringement on these ads has not been resolved nationwide. Some courts have decided that purchase of a keyword does constitute "use in commerce," and some have not reached a conclusion regarding the question of likelihood of consumer confusion. Other courts, such as New Jersey, California, Georgia, Minnesota, and the ninth Circuit Court of Appeals, have focused on the facts at trials instead of addressing the issues of use in commerce.

In general, however, the courts seem to side with the advertisers who use the keywords rather than the owners of trademarks, although it may be a while before the issue is fully resolved. Robert Masud, Esq. is the principal of Masud and Company LLC, a law firm for the world of business, finance and the internet. Find out how we can help you at http://www.masudco.com ]]> http://www.artwoo.com/article/self-serve-patents http://www.artwoo.com/article/self-serve-patents#comments Tue, 05 Dec 2006 04:27:09 +0000 patent searchpatent lawyerinvention processpatent protectionpatent applicationinternational patentsone step at a time http://www.artwoo.com/article/self-serve-patents patent lawyer. Filing your own patents can be done but there are some challenges. While not impossible, the biggest drawback on doing it yourself is that you don't have the luxury of professional advice.

The advantages to filing your own patents are hard to overlook. As previously mentioned it certainly can save you money. Also, by doing it yourself you can learn several valuable skills, particularly research. The central step in preparing to file a patent is to make sure that your invention is actually patentable, meaning it both qualifies to be patented and has not been previously patented. You will also need to describe all aspects of your invention in order to file your own patent. Some steps in the process are easy; others are more difficult. As with all new endeavors, you will most likely succeed by trial and error. However, by taking it one step at a time and studying the process as much as possible, you can reduce or possibly even eliminate the errors before they occur.

The following are the basic steps on filing your own patent:

1. Keep a careful record of your invention. It is important to keep a record of the invention process in a notebook or similar format. Sign and date each entry and have two reliable witnesses sign as well.

2. Make sure your invention qualifies for patent protection. You will need to show that your invention is new (not previously patented), non-obvious and useful.

3. Assess the commercial potential of your invention. Before you spend the time and money to file a patent application, you need to research the market you hope to enter to make sure it will be profitable to file the patent in the long run.

4. Do a thorough patent search. To make sure your invention is new, you need to search all the earlier developments in your field. This involves searching U.S. and international patents, as well as other publications like scientific and technical journals, to find related inventions.

5. Prepare and file an application with the USPTO (United States Patent and Trademark Office). This step allows you to have a choice when filing with the USPTO: you can file a full-blown regular patent application (RPA) or you can file a provisional patent application (PPA) on the invention. Filing a PPA allows you to claim patent pending status for the invention but involves only a small fraction of the work and cost of a regular patent application. All that is required to file a PPA is a fee of $80 ($160 for large companies), a detailed description of the invention, telling how to make and use it, and an informal drawing. Patricia Miller writes for several web magazines, including http://mygud.com and http://products-center.com ]]> http://www.artwoo.com/article/introduction-to-copyrights-patents-and-trademarks http://www.artwoo.com/article/introduction-to-copyrights-patents-and-trademarks#comments Mon, 18 Dec 2006 22:27:35 +0000 copyright actcopyrighted materialspublic domainold picturestrange voicessleep at nightlife span http://www.artwoo.com/article/introduction-to-copyrights-patents-and-trademarks
Let's consider the example of a story: a poor man who found lots of cash on his way back to his home from his work. He decided to keep the cash to improve his financial situation. But he could not sleep at night because he was haunted by strange voices that told him to find the owner and return the cash. This idea cannot be protected. Anybody can write a short story based on the idea. What is protected is how the author expresses the idea in the form of texts, illustrations, drawings, photographs, etc.

Once an expression is copyrighted, others can still use it for fair use. You can tape a few 15 seconds video clips from a copyrighted TV programs and post it in your video blogs about a commentary on the program or broadcaster, etc. This will be considered a fair use and you will not infringe the copyright.

After a copyrighted material expires, it falls into the public domain. The life of a copyrighted material is the life of the author, plus 70 years. The public domain copyrighted materials can be reproduced without any infringement. For example, if you have an old picture with expired copyright, you can post the picture in your website.

In the USA, the Copyright Act of 1976 governs all copyrights. The Copyright Act does not protect any ideas, procedures, process, systems, and methods of operations, concepts, principle or discovery regardless of how it is expressed. It is the expression that is protected by the Copyright Act. You cannot copyright titles, names, slogans, and short phrases even if those have new ideas.

As mentioned earlier, the life span of a copyrighted material is the author's life, plus 70 years in most cases. There are a few exceptions to this rule and they are: un-renewed copyrighted materials published pre-1964, materials published before 1978 without a copyrighted notice, and materials published by the US Government.

All copyrighted materials should be fixed in a tangible medium (papers, CDs, DVDs, etc.). If it is not fixed in a tangible medium, it is not copyrighted. For example, your speech to the graduating class that was never recorded, taped, or published is not protected under the US Copyright Act. Your can register your copyrighted materials with the US Copyright Office. All expressions of ideas are copyrighted regardless it is registered with the Copyright Office or not. If you register the expression with the Copyright Office, you can receive statutory damages and attorney's fees if an infringement occurs. If the material is not registered with the Copyrighted Office, you can only recover actual damages.

A patent holder of an invention has the right to exclude others from using, selling, and making the invention. The United States Patent Office (USPTO) awards patents. There are three kinds of patents: utility, design, and plant patents.

The most frequently used patents are utility patents. They have a life span of 20 years from the effective filing date if the filing date is after June 8, 1995. A utility patent also requires periodic maintenance fees. A utility patent must be a novel, useful, and non-obvious process, machine, manufacture, or compositions of matter or improvement to the same. There are three things that define a utility patent. First, it must be novel. Nobody should have invented, published, used, or manufactured the invention before. Second, one should be able to do some thing useful with the invention. If it is just novel without any usefulness, it cannot be patented. A patentable invention should not be obvious to the person with ordinary skills in the same technology space related to the invention.

A design patent is the appearance or aesthetic of an article and it has a life span of 14 years after the patent is issued. A plant patent, as the name applies, protects a distinct plant produced asexually. It has life span of 20 years from the filing date.

A trademark is word, symbol, design, or a combination of one or more of these items. It is used to identify the source of goods or services of one company and differentiate a company's goods and services from others. A trademark should not be confusingly similar to other existing names or symbols.

A trademark is registered with the USPTO. It can also be registered through the state's Secretary of State's office. If the trademark is not registered, the rights to the trademark may be geographically limited. You cannot use the symbol ® to represent a mark if it is not registered.

If you want to maintain a trademark for your business, you must actively use it. Just registering a trademark without using it actively will result in diminished rights over time. Never allow a trademark to become a generic word. For example, the trademark "Aspirin" by Bayer has become a generic word to represent acetylsalicylic acid. Others can use it without causing any infringement. When you see a trademark used by authors as a noun or a verb, it may become a generic word. Trademark owners vigorously pursue authors from using the trademark as a noun or a verb. A trademark should always be used as an adjective. For example, Google is preventing others from using the word Google as a verb. Dr. Deepak Dutta is the creator of http://www.semanticbay.com - an interactive social network website based on user shared text and picture contents on any topics. His other website http://www.classifiedsforfree.com - is one of the oldest online classifieds site. ]]> http://www.artwoo.com/article/the-importance-of-getting-a-patent http://www.artwoo.com/article/the-importance-of-getting-a-patent#comments Thu, 07 Sep 2006 00:27:04 +0000 apply for a patentpatent co operation treatypatent officesilly puttynon disclosure agreementpatentsfurthermore http://www.artwoo.com/article/the-importance-of-getting-a-patent
1. What A Patent Means

First of all, you should know that a patent is significantly different from a copyright. All a a patent means it that you have the exclusive rights to profit from a physical invention. Not all inventions are physical. The most common use for patents is for pharmaceuticals and plastics. Things like chemical formulas like drain-o have their own patent for the formula, for example, but the name drain-o will be protected by a copyright instead.

2. Not Everything Can Be Patented

It might be impossible to get a patent if you show off your physical product before you patent it. Furthermore, the more technology and expertice is required to produce the product, the better. Inventions that seem like a no-brainer are more difficult to get a patent for. For example, silly putty.

3. Banned Items

You can't apply for patents on many items - a scientific or mathematical theory or method, a work of art (books, plays, etc. -- computer programs are included), a way of doing things (eg. a new business method). Many of these things are, instead, covered by copyright.

4. How To Apply For A Patent

You need to visit a patent office to get a patent. First, apply for a patent for your country with the help of a lawyer under a strict non-disclosure agreement. Depending on where you live this can be absurdly expensive or quite cheap. Next, file for patents you might want for the rest of the world. Yes, you have to file individually for every country in the world. Alternatively, you can use the patent co-operation treaty that allows you to apply once and eventually recieve protection in all 126 countries signed up to the treaty. For more great patent related articles and resources check out http://businessopportunityinsider.info ]]> http://www.artwoo.com/article/understanding-trademarks-and-copyrights http://www.artwoo.com/article/understanding-trademarks-and-copyrights#comments Fri, 22 Sep 2006 20:27:07 +0000 coca cola companytrademarkword appleapple computercopyrighttrademarksmusic graphics http://www.artwoo.com/article/understanding-trademarks-and-copyrights
1. What's In A Name?

Your business name is the first thing that your customers will see - it has to, therefore, be memorable and easily identifyable. If your customers know your name, then youve already won the first step to getting them to trust you and recommend you to others. You can register a trademark to protect that - a logo or word that distinguishes you from your competition. Coca-Cola, for example, is a trademark of the Coca-Cola Company - if I start selling my own drink and calling it Coca-Cola, or even something like Cocoa-Cooler, then they can sue and force me to stop.

2. More About Trademarks

A trademark doesn't stop with just the name of your business, but can also be obtained for the products you sell. If you have, for example, the blendmaster 5000, you can trademark the name blendmaster. Trademarks can not be obtained for common words. For example, Apple computer doesn't own the word apple. If you are going to get a trademark, however, be sure it's worth it, because they will cost several hundred dollars.

3. Extention Of Trademark

A trademark can be given away and usually only applies in the country where you registered it. Also, your right to use the mark will only last a set amount of years, usually a decade.

4. What Is Copyright?

A copyright is like a trademark, except it costs nothing. The moment you write, draw, or record anything, you have copyright by creation. If someone else tries to copy it without your permission, you can sue. This article you are reading right now, for example, has copyright, although the author (me) has chosen to give away certain parts of it for free. This applies to other things as well, music, graphics, etc. Please note that microchips fall under a unique classification of copyright law and the rules are not the same. Usually, copyright lasts for fifty years after your death.

5. Copyright Is A Right

If you want to give people permission to freely use and redistribute something youve made (like this article, for example), then you have the legal right to do this. You can even give up your copyright on a piece of work altogether, simply by writing on it that you no longer want to own the copyright. It's that simple. Chances are, however, that youll want more protection, not less. For more great trademark related articles and resources check out http://www.homebusinessuniversity.info ]]> http://www.artwoo.com/article/the-basics-of-chinese-trademark-registration http://www.artwoo.com/article/the-basics-of-chinese-trademark-registration#comments Wed, 11 Jul 2007 00:20:01 +0000 china chinausurpationtrademark officeintellectual property protectionforeign companiesobjectionscollective marks http://www.artwoo.com/article/the-basics-of-chinese-trademark-registration intellectual property protection, those articles nearly always neglect to mention that in most instances involving trademarks, the fault lies with the foreign company, not with Chinese enforcement. The reality is that many foreign companies fail to register their trademarks in China and thus have no real right to complain about any "infringement" there. To expect protection, foreign companies must register their trademarks in China and the prudent company does this before going in.

There are actually a number of people in China who make a living by usurping foreign trademarks and then selling a license to that trademark to the original license holder. Once one comes to grip with the fact that China, like most of the rest of the world is a "first to file" country, one can understand how easy this usurpation is, and also, how easy it is to prevent it.

The fact that you are manufacturing your product in China just for export does not in any way minimize the need for you to protect your trademark. Once someone registers "your" trademark in China, they have the power to stop your goods at the border and prevent them from leaving China.

The key to protecting a trademark in China is actually very simple: register it in China.

China's trademark requirements are actually quite similar to those in most other countries. The trademark must not conflict with an existing Chinese trademark and it must be distinctive. China allows for registration of all marks for goods, services, collective marks and certification marks.

China's Trademark Office maintains a centralized database of all registered and applied-for trademarks. Trademark applications that pass a preliminary screening are published by the Trademark Office and subject to a three month period for objection. If there are no objections within this three month period, or if the Chinese Trademark Office rejects the objections as frivolous, the trademark is registered. If the Chinese Trademark Office supports an objection, it will deny the application. Denied applications may be appealed to the State Administration of Industry and Commerce Trademark Review and Approval Board and then to the People's Court. Based on our experience, objections to trademarks are rare.

A Chinese trademark gives foreign companies a surprising amount of protection in China. If a foreign company learns that its trademark is being infringed in China, it has a number of actions available to it.

We usually advise our clients to pursue a multi-pronged approach to protect an infringed upon trademark and to pursue the infringer. The foreign trademark owner should usually file a lawsuit against the infringer, seeking damages and an injunction stopping the infringer from continuing to sell the infringing goods. The Chinese courts in the more commercialized regions are actually quite willing to enforce China's trademark laws, even for foreign companies. Trademark infringement is a crime in China. For serious cases of infringement, a complaint to the office of the public prosecutor can often result in a criminal prosecution against the infringer. The Chinese police will close the offending operation and seize the counterfeit goods. The courts are authorized to impose both fines and imprisonment. Finally, if the counterfeit goods are destined for export, a notice to the Chinese customs authorities will prevent export of the counterfeit goods. Dan Harris is an attorney with the international law firm of Harris and Moure, pllc, and lead blogger for http://www.chinalawblog China Law Blog ]]> http://www.artwoo.com/article/patents-american-greatness http://www.artwoo.com/article/patents-american-greatness#comments Sun, 16 Apr 2006 16:50:05 +0000 henry bessemerthomas edisonnikola teslabessemer processdiscovery of electricityamerican inventionsamerica http://www.artwoo.com/article/patents-american-greatness America? Our advances in technology here in America have surpassed that of all other countries combined. Many do not like to hear that, but it is a fact, and it has more to do with how America moved ahead of other countries economically than any other factor and still does today.

In this article, I will cover many of the advances made by American Inventors throughout our relatively short history compared to other countries.

Not all inventions that helped make America great were originated in America, but even those that were not invented and patented here, were put to better use here, like a way to produce steel in large quantities for instance. Originally patented by a British inventor named Henry Bessemer. He invented the Bessemer Converter or the Bessemer Process.

He obtained his patent in 1855, even though the process was known in China in the third century. According to wikipedia.com, " The key principle is removal of impurities from the iron by oxidation through air being blown through the molten iron. The oxidation also raises the temperature of the iron mass and keeps it molten."

However, ingenious Americans like Andrew Carnegie put it to use and built everything from tin cans to skyscrapers to railroads and ships. Many American inventions were patented because of the ability to process steel faster.

Many people credit Benjamin Franklin for the discovery of electricity. While that is true, electrification is not quite the same thing. People like Thomas Edison had introduced direct-current systems, what we know as DC. Nikola Tesla worked toward using AC, or alternating current.

Tesla was Slavic, but a citizen of the US when he did all of his important work on electricity. At the turn of the century, Tesla was already working in fields like robotics and ballistics. George Westinghouse was a friend of Tesla's and a major competitor to Thomas Edison. George Westinghouse put electricity to use in more practical ways than the inventors.

Westinghouse also invented things and held many patents of his own. People associate him with appliances, but he held patents that had to do with railroads as well. He held a patent on a system to put railroad cars back on the tracks after they had been derailed. He even held the patent for inventing the first air-brakes.

Electricity and Steel Processing are just two of the great scientific discoveries that made this country great. I only bring those scientific discoveries into this article to show you something about patents. Many people know about the significant scientific discoveries like nuclear power, the automobile, the airplane, electronics, radio and television, agriculture, computers, the telephone, air conditioning, refrigeration, spacecraft, the Internet, and so much more, most of which was either invented in America or put to the best use here in America.

But those significant scientific discoveries make up only a small percentage of all the patents that are applied for and granted. Most patents stem from one or more of the great scientific discoveries, but the patents are granted for the unique use of or combinations of the great discoveries.

The genius and inventiveness of the American citizen over all others can be attributed to the fact we are a free society. Free speech also means freedom of thought. Freedom of though leads to great knowledge and discovery.

While some inventions or great scientific discoveries can be attributed to people of foreign countries, nowhere are those discoveries and inventions put to better use throughout history than in the United States.

For each major scientific discovery, thousands of patents are filed that put it into practical use. Today, patents are still applied for at an extremely fast rate. America has not stopped inventing and patenting their ideas. As long as the American culture continues to foster this innovation, America will stay far ahead in all technological fields, while countries that suppress the freedoms of their citizens will lag far behind.

I hope this article, while we only touched on a few inventions and discoveries, gives you some insight into why America stays far ahead of the rest of the world through technology. Search through the US Patent Office Website and you will discover just how many inventions are patented every day. Chuck Crawford is an established webmaster interested in various topical research. If you would like more info on Patents, please visit his website at http://patents.thegiftedone.com This article may be reprinted freely as long as all links remain active. http://www.affiliatewebsitedesign.com http://www.articles.pn http://www.articlescience.com ]]> http://www.artwoo.com/article/knowing-the-trademark-intellectual-property-at-its-most-visible http://www.artwoo.com/article/knowing-the-trademark-intellectual-property-at-its-most-visible#comments Tue, 18 Nov 2008 19:43:32 +0000 http://www.artwoo.com/article/knowing-the-trademark-intellectual-property-at-its-most-visible Consider it "mine"

Trademarks are distinctive symbols or marks that signify a particular outfit, organization, company or commodity. It is a referential sign that was created to signify a single source. The trademark was born basically to maintain and protect businesses, and to facilitate the presence of a particular company's set of goods on the market. In the international arena, the trademark's significance can be seen in the stock market, specifically.

The stock market cannot survive without trademarks. The acronyms and numerical assignations in the international stock market cannot exist without pre-fabricated trademarks- which brings us to the basic parts of a trademark.

In essence, a trademark may be the commodity or service itself, and the words and symbols that are appended to these products. There is a basic blurring between the commodity and the sign when it comes to determining specifically what a trademark is.

For example, Sony's Walkman series may be taken as a trademark- both the name of the series and the basic design of the music players are both trademarks and are both protected by the appropriate international treatises.

Trademarks carry a company's reputation, which is why international law and local state laws protect it. In the United States alone, the largest conglomerates would fight tooth and nail to protect a logo or a combination of a logo and words from dilution, appropriation or misuse. For example, another company may not use the well known symbol of Coca Cola.

How does dilution take place with a trademark? Let us identify first the basic parts of common trademarks: the most visible parts are of course the symbols and words themselves. Colors and font styles may also be protected by law- the signature Coca Cola ribbons for instance, may not be used by other businesses to advertise non-Coca Cola products.

Similarities may also be contested by pre-existing companies if similar trademark symbols suddenly come into being and challenge the singularity of what another existing trademark signifies. If confusion sets in, laws will remove another company's hold on their trademark.

The economics of the trademark

How does a trademark function in the global arena? Smaller corporations are not completely reliant on trademarks. But for the largest multinational players in the global market, trademarks signify either loss or victory.

Piracy may be the biggest nemesis when it comes to trademark infringement. Take the case of Nike, according to company statistics, not all the profit that comes from sales of commodities with the Nike trademark finds its way back to the company itself.

According to a company spokesperson, trademark infringement is "sort of having a restaurant, where half of the people in it are eating, but are not paying".

Other similar losers in the trademark protection game is Microsoft- it has been estimated that in some countries of the world, the piracy rate is more than ninety-eight percent- with a meager two percent of sales that can be attributed to legal resellers and dealers. This bourgeoning problem has resulted in two significant steps for intellectual property.

These two steps include: harsher penalties for those caught in the actual act of trademark infringement and second, a revamped international campaign to combat piracy where it is mostly winning: in the minds and hearts of consumers everywhere.

The trademark has become so powerful that a simple "Pepsi" on a bottle would already be able to sell it to consumer bases that are already aware of Pepsi the company's long history. Because of this, trademark battles are still occurring endlessly across several industries - which prove just how potent a single symbol or a single word is in determining who makes profit, and who loses capital. This is a real war with real losses and hard-won victories.The Law Office of Xavier Morales provides comprehensive trademark search and trademark registration services in a professional and cost-effective manner. As one of the nation's leading trademark law firms, we can assist you in protecting your business name, brand and logo.]]> http://www.artwoo.com/article/do-you-know-anyone-who-buys-for-the-reasons-companies-sell http://www.artwoo.com/article/do-you-know-anyone-who-buys-for-the-reasons-companies-sell#comments Sun, 28 Jan 2007 18:27:03 +0000 double blind studiespatentssupplementsscientific researchnitty grittyrepsquot http://www.artwoo.com/article/do-you-know-anyone-who-buys-for-the-reasons-companies-sell
How do I show others the value of my products?

The first exercise was people listing why they thought their products were special.

One gent, independent rep of Legacy for Life, said:

andquot;This product has the most patents - like 100 of them. And the most double blind studies showing it works, and the most research behind it. That's why it's the best and there's nothing else like it on the market.andquot;

Others said similar things...

Company websites and materials are full of such information about their products. The research, the MD panels or scientific research behind it, etc.

Company owners are proud of these things, and use them to show their Reps how great their products are. Reps then go out and use that info to sell the products to others.

Now I ask this:

How many people who buy supplements do you know, whose first question about the product is how many patents it has?

How many customers who are looking for supplements ask about the kind of scientific research behind the product before they buy?

How many people ask abou double blind studies re the product before they buy?

Do YOU choose your supplements like that?

Now ask: why do you keep taking them? Is it because of the patents? Or the double blind studies?

Or is it something really mundane, like uh, you feel better when you take them? And they're maybe natural to boot (if that matters to you).

Aren't the products you buy supposed to WORK?

Does any normal consumer really care about the nitty gritty reasons WHY they work? (Yes, unless they're a networker selling it or someone's giving a seminar on nutrition.)

Pssst...Should someone tip off the networking companies that people don't buy their products for the reasons they think they're so great?

So now make another list:

Why do you keep taking your products?

Go ahead and tell in the Comments below... Kim Klaver is Harvard andamp; Stanford educated. Her 20 years experience in network marketing have resulted in a popular blog, http://KimKlaverBlogs.com, a podcast, http://YourGreatThing.com and a giant resource site, http://BananaMarketing.com and now a new online community for MLMers http://NetworkMarketingCentral.com ]]> http://www.artwoo.com/article/does-your-new-product-qualify-for-a-patent http://www.artwoo.com/article/does-your-new-product-qualify-for-a-patent#comments Sat, 01 Sep 2007 12:20:00 +0000 patent officepatent and trademark officeus ptoutility patentsinventionsnew productuniqueness http://www.artwoo.com/article/does-your-new-product-qualify-for-a-patent
Does your new product qualify for a patent, however? To determine this you'll need to not only prove its uniqueness but to also make sure it's not disqualified for category.

In the United States, for example, the issuing federal agency is the U.S. Patent and Trademark Office. This agency offers utility patents, the most common form of patent, on brand new designs that can prove usefulness. They can even patent new varieties of foliage such as plants.

What cannot be patented, however, are new pharmaceuticals that are determined to be unsafe, nuclear weapons, phenomena theoretical in nature, inventions that aren't operable, non-operational changes such as aesthetic improvements, inventions whose primary purpose would be seen as illegal, and those considered by the patent office as "whimsical," i.e., serving no serious purpose. As of this writing the patent office also refuses "immoral" patents, but a change is in the offing that will eliminate this category from patent refusal.

One of the criteria used by the US PTO to determine uniqueness and thus eligibility for a patent is whether someone who is considered an expert in the field in which you're introducing a new product would consider the product not only useful but also unique. You will, therefore, delay your application for a patent until you've determined that the answer to this is yes. You'll want to provide the PTO with the name or names of experts who have attested to the usefulness and unique nature of your creation.

This is where you must be careful. Sharing your idea prior to its patent could result in its theft if you don't take precautions. Besides carefully studying the credibility and ethics of those from whom you seek a professional opinion of your new idea or product, you'll also want to carefully document your step-by-step creation - from original concept to completion.

Purchase a notebook. It doesn't need to be anything fancy - just a diary sort of concept that notes each and every move made and every idea generated that helped to bring your concept and product to fruition. While in this day and age you're probably more prone to use a word processing system to do so (and that's a great idea for backup since you can not only keep it on your hard drive but save it to CD, DVD or disk) you'll first want to record these steps, in your own handwriting, in your notebook. Make sure you date each step as well.

The process for earning a patent from initial application averages two years. However, while that process is pending you will still have proof that you're the inventor by showing the PTO documentation of application number and official date of filing. If applying online, you'll have this information in minutes. If you apply by mail, the documentation should arrive within eight weeks.

Once you've received your patent, you'll have protected your new product or idea from infringement. What this means is that were anyone to try to claim it as their own, or to duplicate it and use or sell that duplication, you could sue for damages. Robert Michael is a writer for Juris Patents which is an excellent place to find patents links, resources and articles. For more information go to: http://www.jurispatents.com ]]>