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When should scientists think about trademarks?

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If your discovery has commercial potential, you will need to think about what to call it when it reaches the market. Here are three considerations about trademarks and protecting your intellectual property

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Sometimes. It all depends on your business objectives.

In some industries, patents are absolutely critical. But in far more they are not.

It's a well-known fact that a vast majority of patents are worthless. Around 97% of all patents never recoup the cost of filing them. That figure has been floating around for years. There's other compelling evidence.

On his website Patently-O, Dennis Crouch, the co-director of the Center for Intellectual Property & Entrepreneurship at the University of Missouri School of Law, points out that about 50% of patents expire prematurely because their owners decline to pay the required maintenance fees.

Patents filed by research universities rarely end up generating revenue. In fact, fewer than 20% of technology transfer offices break even.

It's extremely difficult to quantify the true value of invention and how costs are recouped. (And indeed, some argue that the business model of technology transfer is actually to 'create impact.')

But, it's also safe to assume it's very low.

These statistics are readily available, but entrepreneurs continue to misperceive how filing intellectual property can be beneficial to them. Contrary to popular belief, a patent does not protect your technology from being infringed upon by a competitor. It merely affords you with legal recourse in the event that someone does. Congratulations! You can sue.

Silicon Valley patent attorney Damon Kali, whom I have known for many years, puts it to his clients this way.

"A patent gives you a seat at the table, both offensively and defensively. That's it. In other words, a patent gets you some relevance and some leverage. How much relevance and leverage depends on how you play your hand and how deep your pockets are."

If you intend on enforcing your patent rights in court, plan on spending three to five years. Getting to a judgment - any judgment - costs millions of dollars these days. Unfortunately, recent changes to our patent system have made the process of defending one's intellectual property even lengthier and more costly, which the intellectual property law blog IPWatchdog has detailed at length.

Simply put: Most small businesses and startups don't have the time or the financial resources to defend their intellectual property. Apple continues to fight Samsung in court five years after a jury awarded the company one billion dollars in damages over patents.

You may be able to deter others from working around by building a 'wall' of intellectual property around your technology. But most patents are written far too narrowly for that to be the case. With a little effort, they are easily worked around.

Patent attorneys are keen to liken patents to real estate property. That's wishful thinking. At best you can establish perceived ownership over an idea. But you never actually own anything. That's the conclusion I reached after watching my Silicon Valley patent attorneys spar against the toy company Lego in federal court. After three long years, we settled two weeks before trial. I learned firsthand that patents are just words subject to interpretation by judges, juries and patent examiners. Patents that are virtually identical are issued all the time, further confounding the situation.

Of course, powerful companies can use their expansive patent portfolios and team of attorneys to stop smaller competitors that do not have the ability to defend themselves.

Let's examine a few scenarios in which having a patent may be beneficial.

1. Licensing a consumer product idea. If you have an idea for a new consumer product that you want to license, should you bother patenting it? I wouldn't. The typical lifespan of consumer products today is about 18 months. Sure, there are evergreen products that keep on selling year after year. But those are few and far between. A well-written provisional patent application that establishes perceived ownership is enough. You can negotiate having your licensee pay for a non-provisional patent application to be filed moving forward, which is why this strategy is so savvy.

Companies that embrace open innovation are realistic. If you're a market leader that has great distribution and longstanding relationships with retailers, what do you care? Pursuing copycats is expensive, not to mention impossible. Good luck protecting an invention with a single patent! Have you met an engineer? They are extremely clever.

It's about selling, not protection. For ideas like these, being first to market is a much better form of protection than a patent.

2. Licensing an innovation/complex idea. When you are attempting to license an innovation that requires a significant amount of time and capital to bring to market, having patents becomes extremely important. There's so much more at stake. Keeping your competition at bay will allow you to recoup your expenses much more quickly. So, you will absolutely need a strategy for how you will file intellectual property that aligns with your business objectives.

In reality, you will need a fortress of intellectual property. Meaning: Patents, trademarks, copyrights, trade secrets and so on. What's even more important is that you keep innovating and keep filing intellectual property. You must consider all of the ways you can use intellectual property strategically, including the possibility of licensing out something you have invented or licensing in another technology.

To retain perceived ownership over an innovation (as opposed to an invention) you will need access to capital and a strong patent portfolio. A portfolio like that sends a clear message: That it is easier and wiser for others to work with and not against you.

At most between 90 and 112 patent infringement cases actually make it to trial in the United States each year, reveals David Pridham. A well-thought portfolio can keep you out of court.

Gear up for the long haul, and be patient!

3. Owning a small business. You need a point of a difference and a competitive edge. Who doesn't? Patents can help. They convey the message that your innovation is important enough to warrant a patent. Preventing copycats and others from working around you is difficult with or without a patent. Smaller companies may think twice about it, but those that are seasoned and have a clear understanding of patent law won't. The sad reality is a patent is only as worthwhile as your willingness to defend it. Small business owners and entrepreneurs are besieged with online infringers. Having patent protection means you can go after them. I remember what that fight was like. It was a daily battle! Looking back, it might have been a waste of time.

In my experience, it's really the other components of your business strategy - not patents - that enable you to hold copycats at bay. After thirty years as an entrepreneur, I think your best protection is to have a quality product and outstanding customer service. Because most retailers will not carry an inferior 'me too' product, establishing good working relationships with them is crucial.

Be original. Keep innovating. And don't rely on patents to protect you.

4. Forming a startup. Startups that file early raise the most capital. So, beginning to file intellectual property on your assets is critical. This can be done in many ways, including provisional patent applications, trademarks, copyrights and even trade secrets. To get people to invest in your startup, you will need to take away the fear that your concept is not new or novel. You can use the intellectual property you file to establish your competitive edge, which investors will greatly appreciate.

Big-picture wise, your IP strategy can be used to paint a picture of your current technology/business model and its future. This is your roadmap to success, which will also help you build partnerships with vendors and suppliers.

To be clear, it's not the mere possession of a patent that helps startups become successful - it's the funds they raise. Don't try to raise money primarily on the basis of your patents. They're just one way of tipping the scales in your favor.

Patents can be valuable, but they are far from the only tool in your toolbox. I have successfully used intellectual property to profit in each of the above scenarios.

... Read More

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In Today's Market, Do Patents Even Matter?

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Sometimes. It all depends on your business objectives. In some industries, patents are absolutely critical. But in far more they are not. It's a well-known fact that a vast majority of patents are worthless. Around 97% of all patents never recoup the cost of filing them. That figure has been floating around for years.

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Improving research commercialisation to secure Australia's economic and industrial future is a top Australian Government priority. As such, the 2020-21 Australian Government Budget provided $5.8 million to scope a University Research Commercialisation Scheme to better translate and commercialise university research outputs.
In response to perceived constraints in university-industry research collaboration and the 'considerable scope for improvement' in the translation of knowledge into new products and services for Australia, the Commonwealth Department of Education, Skills and Employment ( DESE) released a Consultation Paper on 20 September 2021 in respect of a proposed Higher Education Research Commercialisation Intellectual Property Framework ( HERC IP Framework). The Consultation Paper is available now and can be accessed by clicking here.

The DESE Consultation Paper states that "Understanding and addressing the underlying causes of the discrepancy between research excellence and unsatisfactory performance in commercialisation and collaboration offers great potential for a solution to build a stronger bridge between universities and business and deliver major benefits for Australia". In particular, IP-related issues such as difficulties in negotiating IP terms and agreements has become a focus in the DESE Consultation Paper.

Since then, additional HERC IP Framework materials have become available for public consultation and can be found by clicking here. These consist of agreements, plain English guidance versions of agreements as well as broader educational and guidance material.

It is intended that implementation of the HERC IP Framework will provide standardised IP licensing and contractual agreements to establish a strong foundation for negotiating and managing successful university-industry collaboration and partnerships in seeking to achieve harmonisation with accepted international best practices. Specifically, it is hoped that standardisation will:

Cut complexity and transaction times/costs;

Provide an easier entry point for negotiations - particularly important for SMEs, individual researchers and start-ups; and

Promote best practice.

The template agreements available for review include:

1. Accelerated Research Agreement

2. Standard Research Agreement

3. Multi-Party Collaboration Research Agreement

4. Accelerated Non-Exclusive Licence Agreement (including low-risk commercialisation)

5. Assignment Agreement

6. Material Transfer Agreement

7. Equipment Licence Agreement

8. Licence Agreement (including commercialisation) - Exclusive Licence

9. Mutual Confidentiality Agreement

10. Variation Agreement - two-party agreements

11. Variation Agreement - multi-party agreements

12. Licence Agreement (including commercialisation) - Non-Exclusive Licence

13. Technical Services Agreement

Feedback on the standardised agreements and plain English equivalents is being encouraged from the IP community and stakeholders and is open until 25 February 2022. Feedback on the standardised agreements and plain English equivalents should be provided in the feedback template and sent to HERCIP@dese.gov.au.

If you would like to learn more, please contact Michael Finney.

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New Framework for Intellectual Property Commercialisation

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Intellectual Property Management - Improving research commercialisation to secure Australia's industrial future is a top Government priority.

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Science-based Innovation via University Spin-offs: The Influence of Intangible Assets

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University spin-offs (USOs) have attracted significant attention from scholars and policymakers as an important mechanism for science-based innovation. The deba

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Fresh-air breathing device and method Download PDF

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US4320756A
US4320756A US06/237,869 US23786981A US4320756A US 4320756 A US4320756 A US 4320756A US 23786981 A US23786981 A US 23786981A US 4320756 A US4320756 A US 4320756A
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A62B7/00-Respiratory apparatus

A62B7/12-Respiratory apparatus with fresh-air hose

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Cited By (19)

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Title

US6546566B1 (en)

2001-08-29

2003-04-15

Anthony Geisel

Water conserving urination system

US7987527B1 (en)

2004-12-14

2011-08-02

Shumaker James J

Toilet ventilation device

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Cited By (21)

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Assignee

Title

US6546566B1 (en)

2001-08-29

2003-04-15

Anthony Geisel

Water conserving urination system

US7987527B1 (en)

2004-12-14

2011-08-02

Shumaker James J

Toilet ventilation device

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US4320756A - Fresh-air breathing device and method - Google Patents

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Fresh-air breathing device and method Download PDF Publication number US4320756A US4320756A US06/237,869 US23786981A US4320756A US 4320756 A US4320756 A US 4320756A US 23786981 A US23786981 A US 23786981A US 4320756 A US4320756 A US 4320756AAuthority US United States Prior art keywords breathing fresh air toilet fresh user Prior art date Legal status (The legal status is an assumption and is not a legal conclusion.

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In the film "Romy and Michelle's High School Reunion," Mira Sorvino's character claims to have invented the Post It. Her classmates are skeptical, but had she shown them a patent listing her as the inventor, they might have been impressed!

First, let's define a patent. The United States Patent and Trademark Office (USPTO), defines it as follows:

"A patent for an invention is the grant of a property right to the inventor, issued by the United States Patent and Trademark Office."

Types of patents

There are three types of patents:

utility patents - according to the USPTO, are issued for anyone who "invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof."

design patents - issued for those who invent an ornamental design for manufactured items

plant patents - issued for inventions related to the discovery and reproduction of new varieties of plants

This article will focus on utility patents.

Components of a Utility Patent Filing

Filing for a utility patent can be complex, as there are a number of components required. These include:

Appropriate Fees - There are several required filing fees for a patent, and depending on various factors, there could be additional fees. Generally speaking, non-provisional utility patent applications will include:

basic filing fee ($80-$320);

patent search fee ($175-700);

examination fee ($200-800);

issue fee ($300-1200); It is recommended to file electronically, as paper filing incurs an additional cost.

USPTO's pro bono program can assist those under cost-prohibitive circumstances

(when necessary) - Drawings show the detailed features of the invention. They aren't a required component, but generally, most patents contain drawings, as it helps clarify the processes and subject matter being presented. Note that the USPTO has Drawing Requirements, which can be found here: https://www.uspto.gov/web/offices/pac/mpep/s1606.html .

All documents/elements must be in a specific order. A detailed filing guide can be found here.

Provisional vs Non-Provisional

The guidance above is focused on non-provisional patents, which is the "full" utility patent application granting a patent.

A provisional patent application (PPA) is a lower cost application with less stringent filing requirements. It can be considered a "placeholder" for the inventor, who may need additional time working on the invention.

A provisional patent lasts 12 months, and cannot be renewed. The inventor must generally file the nonprovisional patent application of the 12-month period expiration.

Historical Utility Patents to Know

It would be difficult to imagine the modern world without many of the patented inventions of the last 150 years. For example, Apple has of utility patents for its products, including the famous Apple II computer, which lists Steve Wozniak as the inventor (Patent number 4136359).

Francis Jon Woods, an African American inventor from Greenville, Michigan was awarded a patent for improvements to the mechanical construction of the potato digger in 1895.

Thomas Edison received a patent for the light bulb on January 27, 1880. One of the drawings for this historic invention can be found here: https://www.archives.gov/historical-docs/edisons-light-bulb-patent (Patent number 223898)

And of course, Post-Its have been patented. Arthur Fry is listed as the inventor of "Repositionable pressure-sensitive adhesive sheet material." (Patent number 5,194,299)

Further Reading
How to Strengthen Your Patent How (and Why) to File a Provisional Patent Application

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In the film "Romy and Michelle's High School Reunion," Mira Sorvino's character claims to have invented the Post It. Her classmates are skeptical, but had she shown them a patent listing her as the inventor, they might have been impressed! First, let's define a patent.

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20 June, 2022 | Bret Gower A trade mark is a unique identifier of a business or its goods or services - people often think of it as a brand or a logo but it can also include words, colours, shapes, even sounds and smells or any combination of these.

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How to Do a Patent Search With Google and the USPTO Classes for Provisional Patent Application

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2000

Founded in 2000 as the Music Genome Project, Pandora uses algorithms and user feedback to generate music recommendations for its listeners.

In 2000, Will Glaser, Jon Kraft and Tim Westergren founded the company as Savage Beast Technologies.

2001

The company ran through its initial $2 million in funding by 2001.

2005

In July 2005, the company changed its name to Pandora Media.

2006

Jump up ↑ "Labrador news 2006". labrador.com.

2011

In 2011, the company went public via an initial public offering on the New York Stock Exchange.

2013

On March 7, 2013, Pandora chairman and chief executive officer Joseph J. Kennedy announced that he would leave the company after nine years.

In April 2013, Pandora announced that its radio streaming service had 200 million users, including 70 million monthly active users.

On June 11, 2013, Pandora announced it would purchase FM radio station KXMZ in Rapid City, South Dakota.

2015

By January 2015, songs played on Pandora had received more than 50 billion thumbs up from users.

2018

In March 2018, Pandora announced it would acquire digital audio ad technology firm AdsWizz for $145 million.

2019

In January 2019, Lynch's departure was announced following the approval of Sirius XM's acquisition of Pandora.

On January 15, 2019, Pandora announced the launch of its own in-app voice assistant.

2020

On February 18, 2020, Pandora relaunched their app for Apple Watch, which now included standalone functionality.

Founders

Tim Westergren, Jon Kraft, Per Enevoldsen, Winnie Liljeborg

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Zippia gives an in-depth look into the details of Pandora, including salaries, political affiliations, employee data, and more, in order to inform job seekers about Pandora. The employee data is based on information from people who have self-reported their past or current employments at Pandora. The data on this page is also based on data sources collected from public and open data sources on the Internet and other locations, as well as proprietary data we licensed from other companies. Sources of data may include, but are not limited to, the BLS, company filings, estimates based on those filings, H1B filings, and other public and private datasets. While we have made attempts to ensure that the information displayed are correct, Zippia is not responsible for any errors or omissions or for the results obtained from the use of this information. None of the information on this page has been provided or approved by Pandora. The data presented on this page does not represent the view of Pandora and its employees or that of Zippia.

Pandora may also be known as or be related to PANDORA MEDIA, INC., Pandora, Pandora Media Inc, Pandora Media, Inc. and Pandora Media, LLC.

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Pandora History: Founding, Timeline, and Milestones