Don't Let Your Patent Sink With the Inventorship!

Determining and claiming proper inventorship in a patent application is an important consideration that must not be overlooked. Oftentimes, persons such as the CEO of a company or a project manager are named as inventors in a patent application, even though they did not actually contribute to the invention. Improperly naming an inventor can lead to problems down the line, including patent invalidity.

"Determining and claiming proper inventorship in a patent application is an important consideration that must not be overlooked"

So, is there a test to determine proper inventorship? A simple example may be helpful here. Assume that an inventor is an avid golfer and invents a golf club with a new and novel golf club head design. The inventor takes the specification for making his golf club to a machinist, who based on the specification makes a prototype golf club for the inventor. The machinist is not a co-inventor. Similarly, a software programmer who merely generates software based on an inventor's specification is not a co-inventor.

"a software programmer who merely generates software based on an inventor's specification is not a co-inventor"

Now, let's assume that the machinist in the first example is also an avid golfer and suggests adding additional new and novel features to the golf club head that provide for improved ball flight. In such a situation, the machinist's contribution is not insignificant when measured against the invention as a whole. Furthermore, the inventor includes and claims (i.e., defines the scope of protection being sought) the new and novel features in his patent application. Guess what? Now the machinist is a co-inventor. The same applies to the second example provided above: The software programmer becomes a co-inventor, if he suggests new and novel features for the software program which are disclosed and claimed in the resulting patent application.

"The software programmer becomes a co-inventor, if he suggests new and novel features for the software program which are disclosed and claimed in the resulting patent application"

In addition, inventorship is determined based on the claims of a patent application. Accordingly, if claims are cancelled or added, the inventorship may have to be revised to reflect the pending claims. However, patents typically do not get processed until several years after their filing, making inventorship determination difficult after the fact. In this respect, keeping a lab notebook detailing the contributions made by each inventor during the invention development may be helpful for determining proper inventorship down the road.

"keeping a lab notebook detailing the contributions made by each inventor during the invention development may be helpful for determining proper inventorship down the road"

Accordingly, taking steps to ensure proper naming of inventors will help your patent from going down with the inventorship. Finally, it is important to find a patent attorney who takes the time to understand your technology, business model, and work processes to ensure that an IP strategy is executed in a focused and efficient manner.

"it is important to find a patent attorney who takes the time to understand your technology, business model, and work processes to ensure that an IP strategy is executed in a focused and efficient manner."

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Patent and Trade-Secret

"Patents" and "Trade-secrets" are used by companies and organizations to protect their inventions and discoveries from being copied unlawfully. Most of the companies often face a choice between these two IP protections. Each has advantages over the other and both should be considered meticulously while going for the appropriate intellectual property strategy.

A "Patent" is a right granted to inventors by the government of a concerned country to provide exclusive rights to make, use, import, sell and offer for sale inventions for up to 20 years. This right equips owner companies to make profit from an invention or inventions in exchange for disclosing its invention and the process of the invention. For example, many Pharmaceutical companies patent their molecules and the process of developing the molecule which gives them an exclusive right to manufacture that molecule for at least 20 years. No other company or companies can manufacture or sale this product without the prior approval of the patent holder company. However after 20 years this invention becomes public and any competitor (Individual or Company) can use the same invention and product to make profit out of that.

On the other hand "Trade-secrets" are information (e.g. a recipe, pattern or formula) that provides value to its owner because no other company or individual has the ability and authority to duplicate it even after 20 years also, as the information is never made public by the government. Companies can make profit out of that product as long as they can keep the invention secret and confidential. For example many soda manufacturing companies have never disclosed the ingredients in its soda. In doing this companies ensure that no competitor can ever make the same product.

"Patents" and "Trade-secrets" are interchangeable; means "Trade-Secrets" can become "Patent" at any point of time if the Trade- Secret holder wish to do so. This can be done after filling the appropriate patent application with the concerned government. However the reverse is not possible means a "Patent" cannot be converted into "Trade-Secret" because the invention is already in the public domain.

As told in the previous part of the article that most of the companies often face a choice between these two forms of IP protections. Each has advantages over the other and both should be considered meticulously while going for the appropriate intellectual property strategy. Here is a list which compares between these two forms of IP protections.

• A Patent is generally recognized as the strongest form of IP protection, because the Patent protects the procedure and method of the invention regardless of how it looks.

• A patent can be enjoyed by the patent holder up to a period of 20 years after which it becomes public and any competitor can use it for economical benefit, on the other hand a Trade-Secret holder can enjoy its exclusivity even after 20 years and as long as they can keep the invention secret and confidential.

• One of the most beneficial aspects of Patent is that even if any competitor company develops a product independently and coincidentally which includes the patented concept, the patent holder can infringe the patent of the new company, while such kinds of advantages cannot be availed for Trade-Secrets.

• Patents are not at a risk of becoming public (at least for 20 years) while Trade-Secrets are always at a risk of becoming public. Accidental disclosures, departing employees, and even mandatory disclosures (such as a list of ingredients on food packaging) can all disclose the trade-Secret publically.

• A trade-secret proves to be most effective when the secret cannot be reverse-engineered.

Sum-up: As a conclusion we can say that Patents and trade-secrets both have their own advantages and disadvantages, depending on the type of the patent, and other available criteria. Companies need to do a meticulous analysis of both the forms of IP forms Patent and Trade-secrets and should choose what fits most to them.

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Are Your Company's Secrets Safe? Thomas' English Muffins Thought Their Nooks and Crannies Were

For over one hundred years, Thomas' English Muffins has been making its english muffins with the famous "nooks and crannies." Until this year, Thomas' probably thought its secret to the muffin was safe. However, Chris Botticella, a former senior vice president for Bimbo Foods, the owner of Thomas' English Muffins, is involved in a lawsuit with his former employer after he accepted a job with its competitor Hostess.

So what is the big deal? People are allowed to change jobs, right? Well, Mr. Botticella happens to be one of less than ten people in the world with full knowledge as to how Thomas' gets the "nooks and crannies" into its muffins. Mr. Botticella is familiar with the Thomas' muffin trade secrets pertaining to the equipment used in production, the recipe for the muffins, as well as the baking techniques. Bimbo, concerned about Mr. Botticella sharing its trade secrets with Hostess, filed a trade secret lawsuit with the Philadelphia District Court.

The judge in the case granted a preliminary injunction ruling that Mr. Botticella cannot start working for Hostess because of his extensive knowledge of Bimbo's trade secrets and it is "substantially likely, if not inevitable" that he would disclose Bimbo's secrets to Hostess. Mr. Botticella's attorney is appealling the decision. Other issues pertaining to this case which have not been confirmed are whether Mr. Botticella informed Bimbo of his intention to quit, if he continued to attend strategic meetings knowing he was going to work for a competitor, if he downloaded company secrets onto his personal laptop, and whether he would be involved in the production of muffins for Hostess.

Does your company have edgy new technology, a highly successful process, a new software application?

If you've answered yes but do not have a patent or trade secret protection, your company could be at risk. According to the American Society for Industrial Security, companies are incurring enormous losses from the misappropriation of their trade secrets.

A 2007 survey of 144 Fortune 500 companies was performed, and 60% reported actual or suspected losses of trade secrets. The survey respondents reported financial losses anywhere from less than $10,000 to more than $5.5 million. Not only did these companies suffer financial loss but also a loss in their reputation, image, goodwill, competitive advantage, core technology, and profitability

So what is a trade secret? It can be a technique, formula, concept, practice or compilation of information that gives your company a competitive advantage. Most importantly, to acquire trade secret status, the information must be kept secret.

What is not a trade secret? All information in the public domain; advertising literature; and technical specifications; operation manuals; and issued patents.

If your company has non-patented know-how or a new product concept, it is important to consider whether this information would be best protected through a patent or a trade secret. The following factors are helpful in determining whether your company has a protectable trade secret:

To what extent is the information known outside of the business; To what extent is the information known by employees and others involved in the business; What measures are taken to guard the secrecy of the information; What is the value of the information to the business and its competitors; How much money or effort has been expended in developing the information; and What is the ease or difficulty with which the information could be properly acquired or duplicated by others?

Advantage of a trade secret:

Trade secrets do not expire while patents are valid for only twenty years. Unlike patents, to get protection, your company will not be required to file an application with the Patent Office disclosing information about the method or product to the Patent Office, which information eventually can become public.

Disadvantage to opting for a trade secret:

Disclosure of the "secret" can destroy its value and ability to be protected. No definite time period on how long company will have protection. Others can reverse engineer the method or product.

Regardless of whether you decide to protect your company assets through a patent or trade secret, it is best to require employees to enter into non-compete and non-disclosure agreements. Non-compete agreements are very common, and an employer often requires its employees to sign this agreement to deter them from quitting to join a competitor. This agreement can be used to restrict the employee's participation in a certain market or industry after leaving the company. A non-disclosure agreement can also be helpful in protecting the company's assets.

This type of agreement is also known as a confidentiality agreement and is a contract used to protect information considered to be proprietary or confidential. Parties involved in executing this type of agreement promise not to divulge secret or protected information disclosed during employment or other business transactions.

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Cease and Desist Letter - The Most Affordable Way to Battle Copyright Infringement

In today's technological world, many artists -- especially bands -- have taken to publishing their material online. With Facebook, YouTube, ReverbNation, and countless other places to reach new audiences, your music is in more jeopardy of being pirated than ever before. If you've copyrighted your material, you have the legal right to bring the offender to trial for improperly using your work without your permission -- but taking someone to court requires legal fees, not to mention a significant draw on your time. What if you don't think the improper use is worth your investment in a lawsuit? You may not wish to sue for damages; you may just want them to stop using your music. Luckily, you can notify the offender that you're hip to their copyright infringement and avoid hefty legal fees in the process by sending a simple Cease and Desist letter.

You may have heard of Cease and Desist letters used in cases of harassment or slander. What you might not know is that the same principle can be applied to copyright piracy. True, a Cease and Desist letter is no substitute for suing someone for damages, but they can be remarkably effective.

A Cease and Desist letter typically contains the following:

Copyright information showing you to be the legal owner of the material Specific infringement taking place (the website you found your song on, for instance) Demand for the material to be taken down Threat of legal action if your letter is ignored

The beauty of the Cease and Desist letter is in the last bullet point. You may not have any intention of suing anyone over the use of your work -- but those responsible for the copyright infringement don't know that. What they do know is that they've been found out; you're now challenging them on something they've been doing successfully, up until now, under the radar. Now that they know you're onto them, they may decide the risk of a potential legal entanglement is not one they are willing to take. Or, if you're of a mind to give them the benefit of the doubt, they may not have realized that their use was infringement in any way. Your Cease and Desist letter unequivocally informs them of their misstep.

Sometimes all it takes it letting someone know you're serious about your work. Sending a Cease and Desist letter costs you next to nothing; the recipient has no way of knowing if you're bluffing, and if they gamble on your intentions, they could be making a very, very costly mistake.

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"They Stole My Idea" Isn't Always Enough For A Lawsuit

Although accusations of "they stole my idea" are often thrown around, followed by "I'll sue!", the law doesn't necessarily protect every idea, it protects the expressions of ideas.

The bare allegation that someone else stole your idea for a business (or a product or a work of art) is ordinarily not enough to win a lawsuit, not under copyright law, trademark law, patent law, or any other intellectual property law. The law does not protect generalized expressions of ideas; the law protects the implementation of ideas.

There's good reason for that. Though some ideas for businesses are certainly better than others, and though some ideas really are great ideas that no one had before, we cannot justify the burden and expense of a lawsuit every time someone, somewhere vaguely claims that they once had a similar idea. Fact is, successful businesses, useful inventions, and compelling works of art are all, as Thomas Edison - himself more a shrewd businessman than a genius inventor - is reputed to have said, invention is one percent inspiration and ninety-nine percent perspiration.

Mark Zuckerberg didn't come up with the idea for an online social network, register the domain Facebook.com and collect a few billion dollars. Thomas Edison didn't come up with the idea of stringing electrical wire in a vacuum, throw a light bulb together in an afternoon, and then enjoy his empire. Cormac McCarthy didn't come up with the idea for a post-apocalyptic novel, shoot off a rough draft, and collect his Pulitzer and movie residuals. They all had ideas - or, better stated, took pre-existing ideas - and then made them work well.

An idea for a light bulb is not a light bulb. Making an idea for a light bulb go off outside of your head requires a tremendous amount of work, patience, dedication, and perseverance. As Edison said when asked about his many failed light bulb designs, "I have not failed 1,000 times. I have successfully discovered 1,000 ways to not make a light bulb."

Which brings us to the inspiration for this post. One of my kids' favorite shows was WordWorld, which is probably better summed up by a picture than any actual words.

It's a fun little show in which a couple animals, themselves constructed from their own names, use letters to interact and build with various objects in their world. It's cute, entertaining, and reasonably educational.

What I did not know was the litigious animosity in the show's history. In the 1990s, Kyle Morris and William Kirksley filed several patents regarding animated captioning "coordinated with oral-word utterances." In short, their idea was to show the words coming from the mouth of the speaker in a children's movie or television program. Morris invited Don Moody to develop a new children's television show around the concept, but, after a falling-out, Moody left and started the successful Word World show that was broadcast on PBS beginning in 2007.

Morris later sued Moody, alleging both patent and copyright infringement, including a claim that he owned a copyright on the phrase "where words come alive" that Word World uses as its slogan, and a claim in the "teaching methodology" that he had developed.

The United States District Court for the Southern District of New York, however, dismissed Morris' patent and copyright claims and the Federal Circuit affirmed without an opinion. In short, Word World was similar to the original idea, and almost certainly took elements from it, but not enough to constitute patent or copyright infringement.

That is, Morris had an idea, tried to make it work, brought on help to make it work, but, for whatever reason, couldn't get it to succeed. One of the people he brought on ran with the idea, made some changes and made it work. The lightbulb actually went off.

So who, as a matter of law, "invented" WordWorld? The same person who "invented" the lightbulb: the one who made it work.

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Self Confidence: A Touch Stone for Self Improvement

Are you interested in self improvement? Your answer would definitely be 'yes'. Many factors can help you in self improvement but achieving and maintaining self confidence is the touch stone for self improvement. Numbers of people in society really wish to improve their personality but what they lack is self confidence. They are scared of society; they are reluctant to participate in different daily affairs due to their self insecurity.

But don't worry. Now is the time to change. You can be confident enough to move in society just like others. By following certain tips your life would be changed radically, but the thing needed is your determination.

Following small changes will instantaneously improve your confidence level. Just try them and get yourself improved.

A. Be Optimistic:

Think positive, have positive. What you think about yourself really matters. Think well about yourself. Instead of thinking about your weaknesses bring out positive aspect of your personality; appreciate yourself for having those good qualities. It will give you immense pleasure and will ultimately improve your confidence.

B. Never make comparison:

Never compare yourself with others. What you are, no one can be, always keep this thing in your mind. Appreciate others for their good traits but not get yourself targeted by complex.

C. Communication:

During discussions try to communicate whatever you have in your mind without getting afraid of its result. When you overcome your shilly-shallying and have strong communicational skills your confidence level will automatically be improved.

D. Trust yourself:

To improve self confidence you must trust yourself, you must trust your capabilities. If you perceive good about yourself, others will definitely have good perception about you. Don't let other people assail your abilities.

E. Personal appearance:

Your appearance really affects your confidence level. Dress up nicely, Walk gracefully, and maintain yourself positively; will improve your self -esteem and add confidence in your personality.

F. Contentment and satisfaction:

Try to be contented and satisfied what you have instead of complaining all the time. Just think what you have and stop worrying about what you don't have. This practice will pave the way for self confidence. So, practice above mentioned tips in your life, you will definitely have astonishing results. It will not only makes you self confident but adorable.

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