How to start your Houston Patent or trademark research in Houston… online
Posted on 06 January 2012 by admin
Houston patent attorney is where lawyers and lay people come for patent and trademark help.


The patent search is begun immediately, especially if you have retained expert Houston patent attorney to help you with the filing.
Patents filed on or after November 29, 2000, will be published 18 months after the filing date of the application, or any earlier filing date relied upon under Title 35, United States Code.  A design patent application may only include a single claim.  Once the patent application is filed, the potential for pitfalls does not diminish.
When researching an invention you’ll often need to read through existing patent applications to make sure your idea is new. A great source for this is the Trademark Electronic Application System US Government USPTOs electronic filing system .  A  trademark  is used to protect a word, symbol, device, or name that is used for the purpose of trading goods.  Electronic Trademark Examination Application System - electronic trademark filing system.


A good Houston patent attorney can file the applications for you since these are very tricky documents.
Rest assured, to file anything, you should always use a patent attorney. If you don’t, you most likely will have spent hundreds of dollars only to have the patent office send you a nasty letter claiming they can’t proceed. Everything must be done correctly to be approved.  You can also find a good attorney via the Texas Bar Association.  And the only way to ensure that is with proper legal help. Houston patent attorney is where lawyers and Houston lay people come for patent and trademark help.


Intellectual Property Law Firm
Posted on 23 June 2010 by admin

Intellectual Property Law Firm
An intellectual property law firm should have attorneys with several years of experience protecting the rights of artists, designers, engineers, and business developers. There are several different types of intellectual property, so a law firm might employ lawyers that specialize in individual topics such as copyrights,
patents
, trade secrets, trademarks, and industrial designs.
Why are Intellectual Property Law Firms Useful?
Intellectual property law gives incentive to those who create new ideas by offering them exclusive rights to earn money from their ideas for a certain period of time. One might see intellectual property law as a type of temporary monopoly that allows the creator to earn money without competing with others who might try to use the idea, process, design, or work of art for their own profit. An
intellectual property
law firm can help those who create new ideas prevent others from taking advantage of their work without paying the inventor or creator.
Who Needs an Intellectual Property Law Firm?
There are many different types of intellectual property, so there are also many different types of professionals who might need the services of an intellectual property law firm. Those who work in technology development almost certainly need an intellectual property law firm to make sure no one steals their ideas, programs, or designs. Musicians, writers, and artists of all types might also need an intellectual property law firm to make sure they get all royalties that are due to them from the commercial sale of their creations. Even business professionals might need intellectual property law firms to protect their management concepts.
The Two Categories of Intellectual Property
There are two types of intellectual property, so you might want to choose an intellectual property law firm that specializes in the one that affects you most. The first category gives exclusive rights to artistic and commercial creations. This could include a movie, book, painting, or computer software. The second type that an intellectual property law firm might specialize in is typically called industrial properties. These are typically inventions that are used in production or industry.
Finding an Intellectual Property Law Firm
Depending on where you live, you might find that there are several intellectual property law firms for you to choose from. If you work with other professionals and artists who use the services of an intellectual property lawyer, then you might want to ask them which firms they prefer. Colleagues who have more experience might be able to tell you about the positive and negative experiences they have had with the intellectual property law firms in your area, which will help you develop a short list of firms that you can choose from.
Meet with representatives of the firms that get good reviews from the other people in your field. During your meeting, you might want to ask about their qualifications to help you choose an intellectual property law firm that specializes in the type of products and ideas that you create. You should also ask them how much money they charge so you can choose a firm that is affordable for you.


Patenting With Website Development and Promotion Software, Tools and Scripts

Posted on 23 June 2010 by admin

Patenting With Website Development and Promotion Software, Tools and Sripts
The very idea of not patenting an invention sounds hilarious to business minded people. But more and more inventors of website development and promotion software and solutions join the popular trend and DO NOT patent their inventions.
So if people who do business (that can be professional website development service or web site creation software or some social network solution) decide to risk for the only sake of NOT PATENTING their inventions, there must be something very serious about it.
Perhaps, the first company who started to exercise this approach was Google. The readers can instantly object saying that they saw hundreds of patents from Google. But deeper investigation will show that Google is patenting only independent approaches, possible interpretations, possible improvements of algorithm, interesting equations and many other things that NO ONE on the planet (but Google team, of course) can know for sure how this or that part of the puzzle influences the big Google algorithm (or algo - for short).
To put it into simple worlds Google is doing “puzzle patenting.” Imagine that Google’s search engine ranking algo consists of millions of puzzles. Google is patenting some of these puzzles and also the “new puzzles” that will or will not be included into the algo (no one can guarantee that this or that “puzzle” will have any value).
What is the advantage of this approach? - No one can answer these questions:
- How to fit all that puzzles together?
- How to find out that this very “puzzle” that is patented is included into the big algo?
You can spend your whole life on testing and trying to find out the real truth about the algo.
And now imagine that Google patented its glorious algo. Then anybody can legally get this information - because it’s in public access. This would trigger the creation of countless web site creation software, free website development tools, website development and promotion solutions - name it. And all they will be manipulating with the Google algo. That could be the end to the idea of search engine, because all would know how to manipulate its algo.
Should I Patent?
Everything depends upon the type of your product. For example, you are selling educational course about how to create website, unique useful tips, etc. After buying it people see the whole info and can duplicate it. For this type of products patenting is a must as it makes you feel safer and at least have legal grounds to slap vicious duplicators.
But if you are selling something that people use but cannot get inside the black box and see how exactly it is working - better do not patent. In this article I mentioned website development and promotion software, tools and solutions. But that can be any type of program or software which is a big piece of programming code. And with this type of products the story is different.
You are welcome to join the public discussion with tips about how to avoid patenting and still get product highly protected.

The dangers of provisional patent applications

Posted on 23 June 2010 by admin

Dangers of provisional patent applications provisional applications used for the first stage of patent application. Provisional applications have generally been written by the inventor, then sent to the USPTO. Sometimes these were reviewed by Provisional an attorney, even if they were incomplete. Accordingly, the inventors would save time and money. Unfortunately, the law now requires that provisional patent applications to be fully supportive and are almost word for word with their counterparts not tentative.> concept Enablement requires that the spectacle of all patent documents, milestones and achievements necessary to teach the skilled person to make and use the invention. As such, the specifications and drawings must be complete.


Online Home Based Business Legal Matters

Posted on 23 June 2010 by admin

Online Home Based Business Legal Matters
Having an online home based business has 95% to do with the business aspect, but there still is 5% legal matters that should be in the back of your head. Things like whether or not you want to incorporate your business or not and whether you should patent or copyright specific content are just a few legal matters you may deal with.
Not to say that you shouldn’t trust yourself when it comes to these things, but for the best of your internet home based business you may want to hire a professional. Hiring a lawyer or accountant is a safe route to go when it comes to the legalities of your business. Certain things like copyrighting an article can most certainly be handled by you. The same goes for patenting the products you sell.
The benefit to copyrighting and patenting your online home based business content and products are that you are claiming your work. This will help you avoid losing money to competitors who are selling your products or posting your content on their Web site. Copyrighting and patenting your products can be done by you, but you want it to be as professional as possible. Therefore, take the time to research and do it correctly.
A legal matter that is between the lines of hiring a lawyer or not for your internet home based business is signing documents. There will be several documents and agreements that will need to be signed, either in person by fax or through an electronic signature. You have to use your own judgment on whether you feel confident about signing it or if you want to get a second opinion. Any kinds of contracts you may want to meet with an accountant to see if you are benefiting from the offer.
The last legal matter that is almost necessary to have a lawyer for is incorporating your business. Incorporating your online home business has a number of legal and tax advantages. You will also be looked upon much higher by other businesses and banks if you incorporate your business. There are a number of documents and a lot of money that will exchange hands when you incorporate your business, so make sure to be safe and hire a lawyer or an accountant.
The more you are aware of the various legalities to having an online home based business, the less chance you have of losing your business. By knowing when to copyright and patent your products and when you should incorporate your business, you can rest assured that your internet home based business will be a safe.
Paul Jesse is a lifetime student of internet marketing. He created SheaMarketing.com for those interested in working from home. He invites you to visit his website and check out some of the free work from home opportunities.



Patent Attorneys: What They Do
Posted on 23 June 2010 by admin

Patent Attorneys: What They Do
Patent attorneys act as legal counselors of companies. When an inventor submits his invention, the patent attorney gets to start his work. The patent attorney reviews the invention and decides whether it is fit to be patented or not. It is his responsibility to evaluate if the invention is useful, unique, and relevant. Then based on his evaluation, he recommends to the client whether or not to submit a patent application for the invention. While evaluating the invention, the patent attorney needs to thoroughly investigate the technicality involved as well as previous similar patents, examine references and make a comparative analysis to discover any obvious differences.
The patent attorney gets to decide if it is suitable to apply for a patent or not based on his findings. So it is only when he has mounted a solid basis to support patent application will he file for patent at the USPTO. The application must include documents detailing the invention precisely, its usefulness together with the diagrams and illustrations, and definition of the rightful claims to the patent rights that may be awarded to the inventor. Once this application has been submitted, it is now in the hands of a patent examiner. The patent attorney keeps in contact with the examiner to discuss issues related to patent rights and claims and to negotiate for the best interest of his client.
In case where the examiner denies patent issuance based on his findings that a patent is not fit to be awarded for the invention, then the patent attorney will assist the applicant to appeal to the USPTO’s Board of Appeals. If the board also rejects the appeal, then the applicant may present his appeal to the US Court of Appeals for the Federal Circuit.
If the patent applicant wishes to file patent applications in other countries, the patent attorney will be assisting him too. This process widens the coverage of patent protection and will enable the applicant to market his invention in several countries or even worldwide. It is usually foreign agencies who handle the process that foreign patent applications entail. It is imperative then for patent attorneys to be experts in international law as it applies to patents and inventions worldwide.
When the patent is approved and issued, the patent attorney takes care of the licensing issues regarding the patent. Then it is his duty to draft and discuss agreements that allow others to use or market the invention upon payment of a reasonable amount to the patent holder.
The job of patent attorneys does not only entail patent receiving and licensing, but also giving legal advice to clients, representing their clients with regard to trade secret law,  trademark law, and copyright law. They may further seek permission for their clients that enable them  to employ intellectual property that is governed by others.

Getting a Patent for a New Hot Water System

Posted on 23 June 2010 by admin

Getting a Patent for a New Hot Water System
I filed for a new patent a few days ago. The patent is for an improved hot water delivery system for residential and commercial buildings. The new hot water delivery system is capable of providing faster than normal hot water delivery to any fixture in a home or building, and only to that fixture where the hot water is needed.
The basic idea is to place a pump at the water heater which when running will create a pressure difference between the hot and cold water lines with the hot water lines having the larger pressure.
At each fixture a cross-over valve connects the hot and cold water lines. The valve has a controller which has a temperature sensor in contact with the water in the valve. Each valve controller also has a communications link with the pump.
When you want hot water at any particular fixture you activate the valve by pressing a button that is either hard wired to the valve or uses a radio frequency transmitter to activate the valve. The valves can get their power from either the house current or batteries. Batteries would be great for retro-fit installations. We estimate the battery life to be a minimum of two years using four AA cells per valve.
When you press the button activating the valve, it checks the temperature of the water at the fixture, and if the water is not already hot, the valve controller sends a signal to the pump to begin pumping. The valve controller also at the same time opens the valve between the hot and cold water lines. Thus hot water begins flowing from the water heater with the cooled off hot water in the hot water piping being sent back towards the water heater through the cold water line which hooks to the inlet of the water heater somewhere.
So basically that is the new invention. Let’s examine the steps I’ve taken for protection so far.
After my partner and I decided we had a good idea for a new product we knew we needed to get patent protection. My partner found a patent attorney through a relative, a lawyer working for a very large and expensive firm. But what the heck, hopefully we would be able to obtain a good solid patent that could be enforced in the market place.
Foreign patent protection is complex and expensive. Very expensive. We decided to stick to just he US and Canada. Canada adds about ,500 to the cost of filing.
Our patent lawyer explained to us that the least expensive way to get some form of patent protection on our new idea was to do what she called a “document dump”. We gave her documents that explained the invention in detail, and she did the “document dump” which serves as proof in a court of law of when we first thought of the idea. Of course we could have thought of it 10 years before that, but this is absolute proof that you had thought of if by at least the day of the dump.
The reason we went with that was we had no money to pursue a patent, and this was the least expensive way to obtain some protection.
The year expired a couple of weeks ago, so we went ahead an filed a provisional patent which provides us with a filing date and the ability to make further patentable improvements if we come up with some while we finish development of the product. The only downside is the patent still expires for all protection even if we come up with new patentable features later on.
Now that the patent is filed I can discuss the new invention online without risking screwing up my patent rights.
Inventions and Patents


Copyrights And Patents

Posted on 22 June 2010 by admin

Copyrights And Patents
Understanding the differences between patents, trademarks, and copyrights is essential for any creative entrepreneur. A thorough grounding in the concepts and definitions of these basic protections for intellectual property will provide you with a solid basis for protecting your inventions, creative works, and corporate reputation. Enlisting the help of a business attorney is an important step in ensuring your intellectual property is secure, but it’s equally important to inform yourself about the various methods by which individuals and companies can safeguard their creative efforts and protect their financial interests.
Patents
Within the United States, patents are granted by the U.S. Patent and Trademark Office for inventions. A patent offers the holder exclusive rights to an original process, machine, or invention or to any significant improvement to an existing patented process. Patents may be awarded for biological inventions or discoveries, for software processes or programs, for new chemical processes or compounds, and for business processes that are markedly original or unique. Patents do not confer the right to manufacture the invention, but rather prevent others from manufacturing it for a set period of time, usually twenty years. In some cases, a patent holder may not be legally entitled to manufacture the device; this usually occurs in cases where the patent is granted for a significant improvement to an existing patented device. Without obtaining permission from the patent holder for the existing device, the holder of the new patent cannot manufacture the improvement. Such patents are generally either sold or retained until the original patent expires. Patent infringement is a civil matter and is generally pursued through civil lawsuits in the courts.
Trademarks
Trademarks are the easily recognizable symbols and signs of a particular individual, business concern or organization. Trademarks are divided into three categories: unregistered trade marks, unregistered service marks, and registered trademarks. Typically, unregistered trade and service marks are only valid in a limited geographical area; registered trademarks are protected throughout the country in which the trademark was granted. Trademarks are used to identify the makers of products and the providers of services in the consumer market; as such, they are valuable commodities and should be protected against infringement or imitation. Registered trademarks must be obtained through the U.S. Patent and Trademark Office and offer significantly more legal protection to their holders than other types of trade and service marks.
Copyright
One of the most inclusive and versatile types of intellectual property protections, copyright confers exclusive rights to authors of creative works, including plays, works of fiction, maps, musical compositions, works of art, photographs, motion pictures, dance choreography, architectural blueprints, and software. Unlike patents, copyright does not protect the ideas or concepts within the work, but only the way in which those ideas are expressed. For instance, copyright protections apply to the “look and feel” of certain works of art and software programs, protecting their stylistic elements without protecting the subject matter with which they deal.
Copyright is obtained automatically upon setting the material down in a fixed form such as print, canvas, or digital media. While copyright is the easiest form of intellectual property protection to obtain, it can be the hardest to defend. It is usually advisable to seek legal counsel if you believe your copyright has been infringed in order to protect your creative rights.
Joe Cline writes articles about various legal topics, but is not a lawyer. If you’d like professional help you can contact a licensed lawyer

An Overview Of The Us Patent And Trademark Office

Posted on 22 June 2010 by admin

An Overview Of The Us Patent And Trademark Office
In today’s world, there are people who think of different kinds of ideas and invent them. Some are original and others are based on other ideas. You have to consider that most inventions comes from people’s thoughts and by inventing it, they inventors will be able to profit from it if it is useful for people. However, you have to consider that there are people who also want to make money for themselves and will try to copy your ideas in order to do it.
Because of this, many people have lost their invention. You have to consider that it is important to protect your intellectual property. Today, there are certain intellectual property laws that protect people’s ideas from piracy or unauthorized duplication. With this law, your invention or even your design will be protected. So, where can you get your intellectual property protected?
The answer to this question is the United States Patent and Trademark Office. The USPTO is a branch of the US government that is responsible for protecting the intellectual property of people. To do this, the person with a certain design or an invention should have it patented in the PTO. However, the process is complicated and will require a certain amount of time. You have to consider that the laws concerning the intellectual property is a special kind of law that requires a special kind of lawyer.
The patent lawyer will be able to help you with your needs in patenting your designs or your inventions. They are responsible for helping you understand how patenting and copyrighting works and they are also responsible for helping you with the step-by-step process in having your invention patented. To have your invention patented, you need to have proof that you indeed invented it by showing a prototype and the blueprint for it. Once you have it, all you need to do is show it to the patent lawyer you hire.
The lawyer will then prepare all the legal documents and all the paperwork you have to sign to get your invention patented. By fulfilling all the requirements of the US Patent and Trademark Office, your invention will be examined by the personnel in the USPTO. They will conduct several examinations to your inventions and determine if it is qualified for patenting. They will also search if your idea has already been invented, which is a ground for disqualification.
You yourself will demonstrate your invention to the USPTO. If it works and the USPTO is satisfied under their scientific and technical category for competency, you will then undergo a USPTO administered patent exam called the United States Patent and Registration Office registration examination. This exam covers all the regulations and procedures that govern the USPTO practices.
If you are knowledgeable about the step-by-step process in the USPTO, you can file the patent for yourself without the assistance of a lawyer. This particular procedure is called filing a patent pro se. You will not need to be represented by a registered patent attorney or a patent agent. However, it is not recommended for people who don’t know anything about the USPTO process because you have to consider that it is a complicated and hard process to go through.
You also need to consider that you should be financially prepared for patenting your invention. With an attorney representing you, the attorney’s fees will cost more than US,000. Getting your invention is a hard process and very costly. So, you have to think about patenting your invention with the USPTO first before you go through the process. You have to be prepared financially because it is a very expensive process. You also need to make sure that you understand the categories about the demonstration and the approval of your invention with the USPTO.
These are some of the things you need to consider when patenting an invention. If you are sure that it is worth patenting your invention, then you should visit a patent lawyer and they will be able to provide you with all the necessary information regarding the patent filing process.
Just keep one thing in mind, if you think that your invention will be a hit with the public and can generate a lot of income for you, you can consider having your invention patented to protect it from being copied and be under the intellectual property law.

Company Name  How to choose a legal perspective

Posted on 22 June 2010 by admin
Business Name - How to choose a legal point of view
Married?
Choose a business name is like getting married. You’ll have to stay with her until the bitter end. It is estimated a prospect will need to see your ad and company names of at least 22 times before doing business with you. Once they associate your company with a particular name, make a change will be disastrous. Once you find something, stay with it.
Naming Your Business
If you’re going to get married in the name of your company, you must ensure that the ISNA married???? T already married to another suitor. There are four important issues to consider.
Initially, you must determine if the name is already used in your state. The Secretary of State controls the names of all corporations, LLCs and partnerships. Most also have a website where you can conduct name searches. Even if you are a sole proprietor, you should check the name against those already stored in the database of the state. If the name is used, you should consider another.
Assuming the name passed must with the Secretary of State, you should check against existing trademarks file with the Patent and Trademark Office.  maintains a database online. As secretary of state, you can search online to ensure that no other company is using.
In that time, many companies are integrating a Web site as part of their business model. If you’re in this boat, you should check to see if the business name is available as a domain name. In this case, you must register immediately. Otherwise, you can change your company name or focus on a domain name incorporating your service or product instead of the name of the company.
Avoiding Problems
You business could be devastated if you do not take these precautions. Imagine the negative impact on your business if the name should be changed in three years online. Take a deep breath before choosing a company name. As a spouse, it can be either good or bad choice.

Defining a patent and the related application process

Posted on 22 June 2010 by admin
Defining a patent and the related application process
Patents in Namibia are under the supervision of the African Regional Industrial Property Organization (ARIPO). The regulating body decides questions on patent application, oversees the registration process and works for settling any disputes that arise.
A seminar held in Nairobi first recommended the necessity of the establishment of a regional industrial property association in the 70s. The combined endeavor of the United Nations Economic Commission for Africa and the World Intellectual Property Organization led to the formation of the ARIPO in 1976.
The patent gives the inventor the exclusive right on his/her idea or invention. He/she is the only legal entity who can manufacture, use or sell the invention. However, this is for a certain period.
A patent could cover any functional or technical aspect related to product or a process. Your patent lawyer would be able to help you understand whether your invention could be patented, what aspects you need to patent, how to draft the application and deal with the registration process.
There are certain criteria that your invention needs to meet to obtain a patent. Here is a brief checklist of these conditions.
•    The invention is new and has not been public at anytime, anywhere and in any way.
•    It offers an inventive step i.e. it is not obvious to an expert who has knowledge about the previous inventions of similar nature.
•    It must have industrial application i.e. it must have a practical approach. It needs to be made or used in any particular industry.
You can apply for a patent on your own at the ARIPO or at any of the Industrial Property Office. Personal delivery or registered mail is the method to apply. However, it is wise to opt for a patent lawyer of Namibia to take care of the job.
Only a competent legal professional has in-depth knowledge of the laws regarding intellectual property. He/she could easily help you understand these as applicable in your case. This is all the more important because it is on the basis of what the patent covers that you could stop any infringements later.
The application for a patent needs to be accompanied with a completed ‘Request for Grant’ Form. Otherwise, your application won’t be accepted. The application is numbered and kept for consideration.

Do I have copyright and trademark of my work?

Posted on 22 June 2010 by admin
Should I copyright and trademark on my work?
copyright and trademark law designs are used to protect the intangible intellectual property. What is intangible intellectual property? Intangibles Intellectual Property includes all original content, including text, graphics and sound. This article, for example, is a piece of intellectual property. Copyright prevents readers from “stealing” and he pretends to be theirs.
different brands of copyright. Trademarks are designed to protect what is known as “branding”, which is a specific form of intellectual property. No matter how good a leader you are, you can not grill some burgers, add cheese, lettuce and tomato, and put up a sign to call your company’s Burger King. Burger King, for better or for worse, is a brand name is a trademark protected by law.
If you have so copyright or trademark of your work depends on the circumstances. In fact, the original content is automatically protected by copyright, whether you register or no, if you give any further notice or not. Just by my writing it, this article is copyrighted.
For this reason, it is not always necessary copyright by so your work. In other words, it is not always necessary to register with the U.S. Copyright Office. But there are circumstances in which you would be well advised to take extra time and spend the extra effort to do. If your intellectual property has real value, it is preferable to continue to protect it. Registration and notification of copyright is evidence in intellectual property cases. In most cases it will prove conclusively that the work in question belongs to you.
FIRST TO FILE

Instead of a "first-to-file" system, the United States has chosen to adopt a "first-to-invent" patenting system.

Unlike the "first-to-file" system, a "first-to-invent" system is based on the principle that "a patent belongs to the first person who invented the claimed subject matter and not to the first person who filed a patent application for it.

Thus, in a pure "first-to-invent" patenting system the first, original inventor has priority in any contest between competing inventors, even if he files after other, later inventors.
Houston Patent Attorney
Our Recommended Firm...
The Vethan Law Firm, PC

2909 Baldwin Houston, TX 77006

Phone: (713) 526-2222


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