Business Law

Priority Filings and US Provisional Applications

The benefits of a priority patent filing only arise in respect of the first filing of an application describing specific features in respect of an invention. This is a stipulation in the Paris Convention which has been adopted as part of the Canadian patent law.

Consequently, US attorneys who proceed by first filing a US provisional application, followed by a US non-provisional application a year later, but without filing an application in Canada within the priority year are exposed to the following limitations under Canadian patent law.

Canada does have a one-year grace period that shelters an application from self-originating public disclosures in the previous year. This partial one-year grace period extends back from the actual Canadian filing date. It does not extend back from the priority date associated with an application. Therefore, if a client, after making an initial US provisional application, decides to publicly disclose their invention, then this sets a one-year deadline from the date of first disclosure for the filing of a patent application in Canada.

This means that, in a case where a decision is made belatedly, after the priority year, to file an application in Canada, such an application can successfully be made only so long as it is filed within one year from the first occasion when the applicant, or someone deriving information from the applicant (or the applicant’s predecessor), has made the invention available to the public as explained on how do you patent an idea with InventHelp article.

However, if a third party makes a disclosure of the invention before the Canadian application is filed, such disclosure may terminate the opportunity to obtain a patent in Canada, depending on whether valid priority rights can be established.

The Canadian grace period does not shelter an applicant against disclosures by third parties. Canada is a first-to-file, absolute novelty country with respect to disclosures made by third parties. Accordingly, it is important to preserve the priority right by filing in Canada within the priority year. A properly establish priority right shelters a Canadian application against subsequent public disclosures made by third parties.

A trap exists, however, for US attorneys who, having gone beyond the priority year without filing an application in Canada, if they assume that they can claim priority benefits in Canada from a US non-provisional filing that has been preceded by a provisional US filing. Priority rights in Canada, as in most countries around the world, are only available in respect of subject matter disclosed in the first patent application containing a disclosure of such subject matter. If a US non-provisional filing were to duplicate a US provisional filing, no priority benefits could be claimed from the US non-provisional filing.

If the non-provisional US filing contains new matter, then priority rights will arise with respect to such new matter. But with respect to original matter included in an application filed more than a year previously, the priority right is lost in cases where a Canadian application was not filed within the priority year. The “priority year” is only the year extending from the first application filed in respect of such subject matter. For further reading please take a look at how to patent something with InventHelp.

In conclusion, where a belated filing is to be made in Canada beyond the end of the priority year, US attorneys should treat Canada as an absolute novelty, first-to-file country. A US non-provisional application should not be assumed to generate a fresh priority date.

Business Law Technology

Advantages and Disadvantages Provisional Patent Application

You have up to 12 months after filing a provisional application to proceed with a non-provisional application. If you do not file within that time period, your provisional application will be deemed to have been abandoned and you may lose certain benefits. The non-provisional application is entitled to the benefit of the original filing date of the provisional application. But to be sure, it is advisable to consult with a patent agency, such as InventHelp patent services, just in case.

Note: the provisional filing is not available for design patents.

Advantages of a Provisional Patent Application

Inexpensive to file – typically $80.

Easy to meet the filing requirements. The disclosure and documents can be very informal and generally do not require an attorney to prepare.

Provides immediate patent pending status.

Provides nearly equivalent patent protection for the first year as the more expensive utility patent application (having a comparable disclosure).

Minimum investment. In the event the invention is determined to have insufficient commercial value, the inventor is typically out only a few hundred dollars instead of thousands of dollars.

Disadvantages of a Provisional Patent Application

Expires after a year.

No extensions. Don’t ask for an extension because there is no one to ask. There is no one on the planet authorized to give you an extension. The one year limit was set in stone by Congress.

Provisional patent application generally do NOT have the full review and analysis in preparation as a utility patent application, particularly when prepared by the inventor.

When followed by a utility patent application, the total cost is more than if a utility patent application was filed instead of the provisional patent application.

Contact a registered InventHelp patent attorney today to be sure that your invention or idea is protected.

Business Law Technology

What to Do with New Invention

In order to obtain protection for your invention, you need to go through the process of securing a patent. This is a process that can be extremely complicated, and any mistake can lead to expensive and time-consuming results that could ultimately give someone else the time necessary to secure the patent that you seek. Therefore, having a patent agency, such as InventHelp patent invention agency, is highly recommended.

Types of Patents

The first decision that should be made when you seek patent protection is the type of patent you should pursue. Below are the most common choices available:

Utility patent – A utility patent is one that deals with an actual invention. These patents cover something that’s a process, a machine, a manufactured item or a composition of matter, which can be described as ideas that have been reduced to tangible practice. An approved utility patent provides protection for 20 years if it was filed after June 8, 1995.

Provisional application – A provisional application presents a choice for an inventor. This application provides the inventor with a one-year period to explore the invention further in order to determine if it is commercially viable. If that 12-month period passes without filing a non-provisional application, then the protection of the invention is lifted.

Design patent – A design patent allows an inventor to enjoy protection for a new design for an article of manufacture. A design patent only protects the outward appearance of the invention, however, and not the functional features.

Patent Requirements

Regardless of the type of application that the inventor chooses, the law does require that certain standards be met in order for an application to be considered for a full-fledged patent approval. Below are those four statutory requirements or tests:

The statutory classes – Any invention must fall into at least one of five types of valid inventions:

  • Processes
  • Compositions of matter
  • Machines
  • Manufactured items
  • New uses of any of the above

Utility – The invention must be considered ‘useful.’ This means that the invention must actually perform some function, no matter how intangible, and it cannot simply be a working theory regarding some product or phenomenon.

Novelty – The invention must be novel, in that it must be unique and unlike anything that’s already been invented.

Nonobvious – An invention must not be overly obvious to someone who possesses the average amount of skill and knowledge in the particular area of that invention.

Aside from filing a valid application that meets all of the statutory requirements and tests as listed above, the applicant must also pay the filing fee, which can range anywhere between $2,000.00 and $2,500.00. Find much more information about patents and the patenting process on how to patent something with InventHelp article.

Business Law Technology

How are Intellectual Property Rights Obtained?

Patents are obtained, in the United States, by filing and “prosecuting” patent applications in the United States Patent & Trademark Office. Also inventors can obtain patent rights in foreign countries by filing patent applications in those countries.

Trademarks and Service Marks

Trademark and service mark rights are obtained by being the first to use the mark in connection with the sale of a particular class of goods or services. “Common law” rights are obtained by being the first to use a mark but the rights obtained may be geographically restricted. Federal trademark or service mark rights, which are national in scope, are obtained by filing an application with the United States Patent and Trademark Office. The application must indicate that the applicant has used the mark in interstate commerce or intends to use the mark in interstate commerce. You can always hire professionals, such as patent services InventHelp agency to help you.

Copyrights

Copyrights are obtained through publication of original works of authorship. Copyrights may be registered by filing an application with the Register of Copyrights in Washington, D.C.

Trade Secrets

Trade secret rights are secured by putting in place procedures that are designed to prevent trade secret information from being improperly disclosed to others or improperly obtained by others. These procedures include steps such as requiring employees to sign confidentiality agreements; requiring prospective business partners to sign confidential disclosure agreements; restricting disclosure of trade secret information to employees on a “need to know” basis; marking documents that contain trade secret information with “Confidential” stamps and providing physical security at your place of business (e.g., requiring visitors to sign in and out and keeping confidential documents stored in secure filing areas).

How can I protect my inventions and ideas in foreign countries?

Most of the industrialized countries of the world have signed international treaties for the protection of intellectual property. Lawyer can help you secure patent rights in foreign countries by filing foreign patent applications under the Patent Cooperation Treaty. While the scope of available patent protection may vary somewhat from country to country, patent service InventHelp agency can advise you on patent strategies to maximize protection of your inventions outside the U.S. can also refer you to foreign experts in the fields of trademark, copyright and trade secret protection.

Business Law Technology

A Patent Attorney Gets the Job Done

If you have invented something or developed a new product, then you are in need of the services of a patent attorney. Applying for a patent may be a long and difficult process, but with the help of your patent attorney, you will be able to solve patent issues and gain knowledge at the same time.

After completing a four-year bachelor’s degree, the aspiring patent lawyers must now finish three years of law school. They should take undergraduate courses like English, History, Philosophy or Economics. The lawyers should complete courses related to patent law as well as technical courses like engineering and science. They should pass their LSAT or the Law School Admission Test to be able to be accepted to an American Bar Association-accredited law school. They must also be admitted to the patent bar by passing the United States Patent and Trademark Office registration examination.

Patent attorney should have the knowledge with regards to patent laws. They should be able to utilize their knowledge and skills when dealing with patent issues. They can have consultations with potential clients pertaining to the patent application process as you can read from this article – How to patent an idea with InventHelp.

A patent attorney assists clients to get patents for products and services and defends his clients’ patent rights. He sorts out, outlines and records applications for patents and offers advice. He takes lawful action and gives legal opinions. He protects the clients against  patent issues.

A patent attorney can work with law firms, business firms and government organizations. He should be very organized and should have sharp eyes for important details. Diligence and patience are essential traits that a patent attorney should possess. He should be able to allot time for research and should have the ability to communicate technical information verbally as InventHelp explains in How to file a patent with InventHelp article.

A patent attorney should be very detail oriented when it comes to their work. Even the smallest element should not escape the eye of the attorney. Through diligence and hard work, a patent attorney gets the job done.

Business Home

Search Engine Optimization

Whether or not you are a small start-up business looking to develop an online brand and marketing technique, or an established small business seeking to break into internet marketing small business Search engine optimization services can be custom tailored to suit your needs.

Professional SEO agencies offer a full range of search engine optimization services and many choices to fit every need. Their services are detailed. You can choose various levels of service depending on your requirements and budget as you can see from this article – How Small Businesses Should Plan Their Digital Marketing Investments.

  • SEO Audit
  • Keyword Research
  • Competitive Analysis and Strategy Development
  • Content Audit
  • Content Optimization
  • SEO Implementation
  • Ongoing Maintenance and Web Analytics

SEO Audit

The first step of any SEO project is to find out what you’ve got and what you need. SEO experts will analyze your web site to determine its current level of optimization and make recommendations for improving its visibility according to your budget and requirements.

On-page factors

Part of the strategy for achieving high rankings involves “on-page” factors. These factors include title text, headings, page structure, site structure, internal linking strategies and others, but the biggest on-page factor for current search engine algorithms is body text. Quality content is king.

Off-page factors

“Off-page” factors refer primarily to links coming in to your site from external sites, commonly known as “link popularity”. Your outgoing links to other sites are a lesser concern. Link popularity is one of the key factors used by the top search engines to rank web sites. Pro-active improvement of link popularity is therefore a common strategy for achieving higher rankings.

Link popularity enhancement is currently an area subject to much potential abuse. Using unethical techniques can lead to delisting by the search engines. Using artificial means such as reciprocal links will not get you delisted, but if your primary link popularity consists of two-way (reciprocal) links, it will count for very little. For this reason it is no longer recommended spending time or money on reciprocal link campaigns. What you want is one-way incoming links from high-quality industry-specific sites. The most effective strategies for obtaining such links vary depending on the industry and the sites. Your best opportunities will come from personal relationships you currently have with industry leaders.

Home

Realty Services For Home Selling

When selling a home in Macon – Georgia, unless you plan to sell it on your own, you would need to find a good realtor, someone who will provide guidance and help you in making educated decisions.

Unfortunately, many people make a serious mistake in believing that the buyer’s real estate agent is also working for the seller. It is imperative that you use your own realtor and/or attorney. This way, you know your realtor has your back, covering things to save you money, time, and frustration.

Now, because realtor is a salesperson looking to make a nice commission, it is also important that you not get yourself in a desperate decision. In other words, do not work with the first real estate agent you meet. Instead, you want to talk to a number of professionals, asking many questions so you can choose wisely. Even if you end up paying the same commission from one realtor to another, you still want the individual who is going to take care of business in a professional and legal manner.

Don’t overlook the home buying companies. There are some really professional home buying companies in Macon that could sell your house pretty fast and for a good price as well and the best part is that you don’t need to do anything involving the sale, the preparation or even the closing costs. The best way to find such companies is to go online and search on Internet. Type something like this “sell my house fast Macon Georgia” and start comparing the websites you see.

A real estate agent for the seller will be to do proper advertising and marketing to let the public know your home is for sale. Additionally, this person would handle the closing and escrow, host an open house, help you determine the best asking price and strategy, and so on. If you are not sure where to start looking for a realtor, ask friends and family members who have recently sold a home the name of the person they used. If not, you can contact your Chamber of Commerce, along with the local newspaper and even online resources. Just make sure the real estate agent is licensed and bonded.

Just as with any profession, you will find both good and bad realtors. The individual you use should be responsible in following up with hot leads on the sale of your home, dedicated to being there when such leads come in. This person should also spend time scouring through MLS listings to make sure you are asking the best price. Then, this person should be available to you, willing and ready to answer questions or calm any fears. Then, a good realtor would follow up with individuals who have come to look at the house to get feedback. This feedback can be used to determine if the price is too high, the home needs improvement, or something else needs to be corrected to make a sell.

Just remember, a qualified realtor is committed to their job and getting homes sold. They are competent in handling potential buyers, knowledgeable about paperwork, and honest with the seller. The real estate agent should take initiative in bringing more traffic to your home, thus improving the potential for sale. You can also find a great realtor by paying attention to other homes in your area that have sold. For instance, if you know of one or two particular agents that have quick turn-around, then call them to talk.

Finally, it is important you work with a real estate agent in whom you feel confident, someone that blends with your personality. After all, you are going to have a close working relationship with this individual so you need to get along and have great communication. Another mistake often seen is sellers choosing a realtor they do not communicate well with, which can lead to major problems and costly oversights. Therefore, the two of you need to sit down one-on-one to go over every aspect of the sell so there are no misunderstandings. The result will be a quick and profitable sale for both you and the realtor.

Business

Can I Hug My Pillow to Sleep?

Here’s how it proves the old adage that “Necessity is the Mother of Invention”. Ever faced the situation where you hear your child asking for a toy to hold to sleep and you were scared of handing over the teddy bear on the shelf for fear of dust mites?

Well, here’s how Elizabeth Gradie-Chinn and Deborah Rivera-Wienhold turned sleep into an opportunity never to be missed. They invented the curved juvenile body pillow with a decorative cover whose combination transforms the pillow into a huggable two or three-dimensional animal as you can read from https://ohionewstime.com/why-inventors-should-seek-help-from-the-professionals-at-inventhelp/282978/.

Now here are inventors who have chosen the method of licensing their product since they were sure that they couldn’t market it themselves.
But the decision didn’t come suddenly, it was after two years of testing and research that the duo decided that the market was ready for their product.

The steps that Elizabeth and Deborah followed that contributed to their success including being awarded a patent, introducing their product, and licensing their patent were:

1. Seeking and using professional expertise, such as industry/business, legal, accounting, financial, and promotion.

2. Taking advantage of counseling services provided by their local county and state government’s small business resource center. Elizabeth and Deborah were matched with a counselor considered an expert in the Invention Process including Intellectual Property Development and Commercialization.

3. Connecting with business/industry mentors. Elizabeth and Deborah met regularly with two highly experienced retail store executives.

4. Undertaking extensive market research to assess demand and obtain prototype feedback to make improvements before finalizing product specifications.

5. Gaining industry knowledge. Elizabeth and Deborah joined an appropriate industry association: The Juvenile Product Manufacturer’s association. While in the prototype phase, they attended a show as visitors to meet successful manufactures and ask questions such as how they got started, and who their suppliers were, etc.

6. Developing networking relationships with other inventors/manufacturers to share ideas and exchange information.

Notwithstanding, belief in their product, hard work and determination to make it a success! Read more stories like this from https://thewestnews.com/5-valuable-ways-inventhelp-can-assist-with-your-first-invention-journey/54902.

Business Law

Poor Man’s Patent?

For many years – whenever someone had a great idea, they would: describe the idea in writing, seal the description in an envelope, and address and mail it to themselves. The postmark could thereafter be used as proof of a conception date and ultimately inventorship.

While the courts generally looked upon the practice unfavorably, it did nevertheless ‘stand the test’ in certain cases. Patent fights (a process called ‘interference’) have indeed turned in favor of an inventor proving a date of conception by a ‘poor man’s patent’.

As the did not like this practice so much, the United State Patent and Trademark Office created the “Disclosure Document Program” as a replacement for the ‘poor man’s patent’. Under this program, an inventor could submit and document she wanted in any form whatsoever for a small fee.

Documents submitted under the Disclosure Document Program were not examined nor processed in any way. Rather, they were merely kept on file for a two year period – after which they were automatically destroyed. Unless they were cited in a later filed patent application – that is filed before the expiry of the two year period. The program provided an inexpensive and durable proof of conception for all individual inventors. It was easy to use and highly successful as described on https://www.harlemworldmagazine.com/why-inventhelp-is-such-a-valuable-resource-for-inventors/.

However as of 2007, the USPTO has quit and discontinued the program – in favor of the provisional patent application program. While the provisional patent application program provides excellent benefits, it remains complex, expensive, overly burdensome and not readily accessible to those without special skill in patent practice and procedure. Accordingly, inventors generally hire an expensive patent attorney to prepare and file a provisional patent application.

Cancellation of the Disclosure Document Program left inventors again without good options for establishing a date of conception in a quick inexpensive manner. Accordingly, inventors are forced back to the ‘poor man’s patent’ practice of sending self addressed envelopes through the postal service.

One very good alternative exists to provide even better date of conception witnessing. Professional invention services offered by InventHelp can serve to firmly establish your date of invention. In just a few minutes, you can lock-in forever the actual date of your idea.

Further, InventHelp has both Patent and Engineering professionals available to review, witness and document your submissions. While the poor man’s patent is subject to manipulation by the inventor, Idea Vault is a secure means of establishing a date of conception by way of a third party witness. Now, there is now longer any question as to when you came up with your $$$ million dollar ideas.

Health

Dentures Cost

Each patient is different and will require a visit with the dentist who will determine what the best course of action should be. This will include:

  • Dental x-rays for any remaining teeth
  • Check the stability of the remaining teeth
  • Determine if there is evidence of periodontal disease
  • Make a determination if any remaining teeth need to be extracted
  • Determine if some of the remaining teeth can withstand root canals to attach partial dentures to

Other considerations the dentist will speak with the patient about are what type of dentures they need or want:

  • Full set of standard dentures or over dentures
  • Partial dentures also known as a bridge
  • Removable or permanent partial dentures
  • Dental implants

Hybrid dentures are the best dentures, but are expensive. These dentures are fixed on dental implants. They don’t move, so eating food is very comfortable. Hybrid denture implants are fixed on the jaw and the denture is fixed on implants.

Once the dentist completes their exam, they will detail which options are available to the patient. A written estimate will also be provided at this time with an explanation of the charges associated with the different procedures.