A fun fact -many people do not know that Harley Davidson is one of them. The two friends started building motorcycles in a beat up old shed.

So when it is time to consider whether or not you will take on a partner, consider reviewing the facts carefully. You could take into consideration how long you have known that person. What is their work ethic? Sometimes the problem with partnerships is that people can tend to rush into them with people they do not really know. So be careful and do not give up all hope in a partnership based on what you read. You just never know what adding one more person to your project could do for the success of your idea or invention.

So what does a responsible online business look like? First thing- businesses that are good will usually not hide their contact information. It’s nice to see a business list their contact information such as a business address and phone number.

It is also important to see if they have been in business for quite awhile. This is not a must though, there are good companies out there that have just started up, but the key here would be to make sure you do a little investigation to who owns and operates the business.

Businesses that seem more honest are often listed with the Better Business Bureau, can be found in the Yellow pages, are registered with the local chamber of commerce in their area, or have applied for net security certificates.

Depending on the type of business you want to find, like a Dallas mortgage broker or a Maine OUI attorney, you will need to do your investigation based on different criteria. With some professions for example, they may have to be a part of a larger overseeing organization.

So do your homework. Never be afraid to call the company and ask questions!

The dispute revolves around patents relating to XML technology that Microsoft uses in its Word offering.  The judge ordered MSFT to pay a significant fine and to stop selling Word within 60 days.

One odd point in the whole process is that the ruling came from a court in Texas, while Microsoft is headquartered in Washington and i4i is from Canada.  Seems quite strange.

It will be quite interesting to see how this all plays out given the huge company that Microsoft is and the big blow this injunction would be to their profits.

Hat tip to BBC News…

]]> http://www.patenttriage.com/intellectual-property-and-patents-for-sale.html/feed 0 http://www.patenttriage.com/basic-issues-regarding-a-patent-search.html http://www.patenttriage.com/basic-issues-regarding-a-patent-search.html#comments Sun, 29 Mar 2009 18:52:46 +0000 admin http://www.patenttriage.com/basic-issues-regarding-a-patent-search.html There are several points to be taken into account when planning to receive a patent for your invention; and patent analytics imply the basic information when it comes to searching for various patents that have already been obtained by other people. The documented data will be used in order to learn everything about the already existing patents because this is actually the main condition to be applied when determining whether a person is going to receive a patent or not. Some basic issues are to be acknowledged before a person starts to search for the existing papers; for instance, the concept approach should be well defined in order for the search to be successful. Time and money will be thus saved by providing yourself with the necessary combination of terms that will be used in order to describe your own invention. These terms will be used as keywords in order to search for similar ideas that have already been patented in a particular area of interest. You have to be able to define your subject in a concise and precise manner in order for the search to come along with the needed results.

The patent search must be accompanied by a search for the relevant documents that are likely to help you decide whether the patent will be obtained or not; the patent documents are usually found in online collections that may provide you with all the necessary information in order to develop a patent analytics strategy. You will be looking for fields that are usually described in a concise manner by using classification codes and abstracts.

Therefore, you will have to use these abstracts as well in order to make sure that you will access the necessary documentation. Even the patent records, file wrappers, or file histories are to be used in order to find whether your invention was patented or not; every patent record is likely to contain the main features of the invention. These features will be described by using the classification codes that have been chosen before. Even the technical content of every invention will be added to this record in order for the user to have a clearer picture of all the inventions that have already been patented. The abstracts are to be used in order to find whether your description of the invention matches one of the given descriptions that are to be found in the patent records.

A patent analytics strategy will help you express your search by using the relevant keywords that will access the patent record; but the expression of every technical subject is likely to remain the same because it is a combination that is likely to work in the case of every piece of documentation that relates to the already existing patents. All the existing documents will have the same things in common, namely the so called concepts that will help you find whether there are similar inventions or not. Therefore, your future search will consist in finding the documents that use a given combination of various concepts; this combination must be present in every case in order for you to find relevant information that may help you obtain the wanted patent. All the patent documents will be classified; therefore, you should not limit yourself to a single keyword because searching for various concepts will not depend on a single aspect or keyword. On the contrary, every individual concept is likely to be defined by various combinations of keywords and other classification symbols or codes that may be related to a particular concept in order to describe it in a concise manner without getting into details.

Therefore, every sound patent search and strategy must be complex enough in order to provide you with the necessary information; every search strategy should involve various combinations when it comes to classification symbols and keywords. You may find hard to search for all the existing synonyms that may cover a certain field; there are many classifications that are covering the same concept and you have to be fully aware of this possibility too in order not to despair when not finding the wanted concept. But you may also rely on the fact that relevant documents are likely to be displayed during your search thus revealing new methods in order to express your own concepts.

Even the experienced searcher is likely to handle this search with some difficulty because additional efforts are not likely to come along with the desired results. You will have to think in a lateral manner in order to avoid the possible dead ends that are not likely to lead you anywhere; you will have to think lateral in order to retrieve the additional concepts that may cover a certain concept that you are looking for. Therefore, you will have to explore multiple possibilities in order to approach the concept from a favorable angle; you must not stick to the same approach in case that this approach turns out to be quite ineffective.



By: Anne Tide

About the Author:

]]> http://www.patenttriage.com/basic-issues-regarding-a-patent-search.html/feed 0 http://www.patenttriage.com/how-to-patent-your-invention-or-idea.html http://www.patenttriage.com/how-to-patent-your-invention-or-idea.html#comments Fri, 20 Mar 2009 23:08:23 +0000 admin http://www.patenttriage.com/how-to-patent-your-invention-or-idea.html Creativity and imagination is are qualities we are all born with, in some people these qualities tend to develop rather faster compared to others. Imagination has fueled our inherent desire to overcome obstacles and improve the tools we have available today, creativity on the other hand helps us create and materialize the ideas we have developed.

The process of invention is pleasant and rewarding but when it comes to obtaining a patent which makes you the legitimate owner of your creations and ideas the field changes. The first step towards obtaining a patent is to search the online database provided by through the government website which is in charge of keeping all of these records, this way you will know in an instant if your idea has already been patented or if it isn’t.

The U.S. Patent Office is in charge of keeping all records related to invention and ideas, their site address is uspto.gov , all the paperwork and applications needed to process a new patent are available on both online and off-line sources. These forms can be filled out by yourself or with the help of an attorney if you don’t feel quite comfortable with the process, however, must of the forms are straight forward, the information requested involves name of the inventor, description, functionality, drawings or charts and any other information pertinent to the idea being patented. The forms you will have to choose from are utility, plant and design; each one is intended for a specific kind of invention or idea.

You also need to be aware that there is a fee to have this paperwork processed. Once you have the information ready you can submit the form either electronically or in person. The person who reviews the form on behalf of the office will evaluate the information submitted and if it turns out your idea is unique you will get a patent which will protect your rights and will allow you to legally receive credits for your work.

The next step is to find an organization which helps inventors develop and market their ideas, this will launch your product full force into the market.

One more fact you need to be aware of is that this kind of protection is not permanent, depending on the application filed your idea is protected either 14 or 20 years. Twenty year protection applies to utility/plant and 14 year protection applies to design patents.

Always be patient and optimistic about the results of your submission, good luck!



By: IC

About the Author:

]]> http://www.patenttriage.com/how-to-patent-your-invention-or-idea.html/feed 0 http://www.patenttriage.com/get-a-new-idea-learn-the-simple-steps-on-how-to-get-a-patent-for-it-and-where.html http://www.patenttriage.com/get-a-new-idea-learn-the-simple-steps-on-how-to-get-a-patent-for-it-and-where.html#comments Tue, 17 Mar 2009 14:44:49 +0000 admin http://www.patenttriage.com/get-a-new-idea-learn-the-simple-steps-on-how-to-get-a-patent-for-it-and-where.html While protecting your new idea or product from duplication makes a patent application crucial, there are fees involved in doing so. Lots of fees. Nor will these fees be reimbursed if your patent application is rejected.

As with any other governmental process, it’s complicated just figuring out what the fees are and what they’re for, much less paying them. Let’s see if we can offer some clarity.

The legislation that authorizes the fees for your U.S. Patent and Trademark Office patent application is the federal 2005 Consolidated Appropriations Act. This act mandates the latest revisions (undoubtedly, this means increase) for maintenance fees, search fees, filing fees, and examination fees. If your patent application were to exceed 100 pages you would also incur an application size fee. Fees differ according to whether you file online or by mail. It also varies depending on whether you are applying for a utility or design patent.

The basic filing fee for a utility patent is reduced in half if you’re considered a small entity – a sole proprietor inventor, a small business or a non-profit organization. As of December 8th, 2004, this fee ranges from $75-$795 for a utility patent and $100-$200 for a design patent.

More than likely you’ll fall into the utility patent category. It is defined by the U.S. Patent Office as a machine, process, “article of manufacture,” or “process of matter.” A design patent, in contrast, is the invention of a new pattern or ornamental design for manufacture.

Search fee range is wide as well – $50-$500. Examination fees will cost you between $65 and $200.

Once your patent is in force, however, you are not yet out of the financial woods. You will need to pay maintenance fees to keep your patent in force. These payment dates are determined by the date of the original application, and must be paid 3 1/2, 7 1/2 and 11 1/2 years from that date.

The hefty fee is determined by date of payment. The first maintenance fee for small entities is $450; the second fee totals $1150; and the third $1900. For those determined by the U.S. PTO not to qualify as a small entity the fee is double. Design patent holders pay no maintenance fees. These maintenance fees apply to utility patents only.

For these charges you’ll receive protection against the loss of revenue from your invention that could occur with duplication of your products or ideas. The U.S. PTO also offers informational assistance, as well as face-to-face guidance.

In its tenth year, the annual Independent Inventors Conference, cosponsored with PTO by the National Inventors Hall of Fame, rolls out expert speakers who can offer tips on protecting your intellectual property, marketing your products, licensing your idea, finding a firm to help promote your invention, and understanding of trademarks and copyrights as well. At past conferences, folks like the PTO director, the U.S. patent commissioner, and the deputy commissioner for patent policy have offered their expansive expertise.

The U.S. PTO site can help you with applications, terminology, and finding a patent attorney or other professional to aid in your patent search. It is also your best source for finding the nearest walk in help – your local Patent and Trademark Depository Library.



By: Jason Roberts

About the Author:

]]> http://www.patenttriage.com/get-a-new-idea-learn-the-simple-steps-on-how-to-get-a-patent-for-it-and-where.html/feed 0 http://www.patenttriage.com/if-youve-got-a-good-idea-for-a-product-do-you-need-a-patent.html http://www.patenttriage.com/if-youve-got-a-good-idea-for-a-product-do-you-need-a-patent.html#comments Thu, 12 Mar 2009 12:50:28 +0000 admin http://www.patenttriage.com/if-youve-got-a-good-idea-for-a-product-do-you-need-a-patent.html Once you have your product developed it’s time to decide if a patent is worth the trouble. Although in theory, all good ideas should be protected by a patent. Consider the protection however as only the right to allow you to claim the technology, product or ideas as your own. YOU get to do all the protecting. So if you develop a product then someone steals the idea and goes into competition with you, you have the right to sue and defend your patent rights.

In patent cases, there typically are claims and counter-claims, especially if it’s a popular product. These cases can quickly become more complicated because of the dynamics of product development. As the complexity increase, so do the costs.

Understand that it’s YOU that gets to pay the patent attorney fees and court costs that can rapidly add up into the tens of thousands of dollars very quickly. So you need to ask yourself if your product or idea is such that it will generate large dollars. Put bluntly, what’s the product going to be worth and are you confident that the product of idea has a good shot at being worth the trouble. Of course, the higher the value of the product-idea- or technology, the more likely people will want to compete and it may be to your advantage to apply for the patent rights with the government.

Another thing to consider is that even if you have the patent rights in the U.S., others may be free to use your ideas throughout the rest of the world. Although many countries support common patent rights, the reality is that if it’s a good idea and is used outside the United States, it’s becomes even more expensive and difficult to protect your patent rights. It’s important at this point in your product development to understand that the costs of a patent are not in the application but in the defense when it becomes necessary.

If you’re product becomes popular, it’s not unknown for large corporations to take your patented ideas and compete directly with you in the market. Because of their size, they have a great advantage and can literally destroy your business built around your product, idea, technology or patent. Large corporations have been known to simply have an attitude of “sue me.” They then tie up the little guy in litigation for years and sometimes decades all the while benefiting from his idea. Understand that this doesn’t always happen but if it does, you could be left without a market for your patented idea and the prospect of paying hundreds of thousands of dollars to attorneys to establish your patent rights.

Finally, the last major issue to consider is that some countries and international companies simply will not care about your patent even if you have one. These countries, specifically China comes to mind, do not care about intellectual property rights or patents. Even if fully protected with your patent, some countries have no problem simply taking what interests them. Although China isn’t the only country to have this attitude, they have been considered one of the biggest offenders for years.

So you need to ask yourself if the value of your idea is such that it warrants a patent. That you are willing and able to defend those rights in court, and have developed a plan to protect your idea in the international markets.



By: Abigail Franks

About the Author:

]]> http://www.patenttriage.com/if-youve-got-a-good-idea-for-a-product-do-you-need-a-patent.html/feed 0 http://www.patenttriage.com/does-your-new-product-qualify-for-a-patent.html http://www.patenttriage.com/does-your-new-product-qualify-for-a-patent.html#comments Thu, 05 Mar 2009 06:41:51 +0000 admin http://www.patenttriage.com/does-your-new-product-qualify-for-a-patent.html If you’ve created something unique and something you believe to be marketable the subject of patents should be of immense interest to you. Without a patent your idea could be stolen from you. With a patent in place the concept, and its financial rewards, are yours for a minimum of 17 and a maximum of 20 years.

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.



By: Jason Roberts

About the Author:

]]> http://www.patenttriage.com/does-your-new-product-qualify-for-a-patent.html/feed 0