NON DISCLOSURE AGREEMENTS
Client’s frequently call wanting to know how they can disclose the invention to a prototype maker, a manufacturer, an investor or a potential buyer without them stealing their idea. I usually suggest using a non disclosure agreement, often called and NDA, to protect the confidentiality of their idea. A nondisclosure agreement is actually a contract between one party such as the inventor who has the information and another party called the recipient that wants to receive the information. The main purpose of the Non-disclosure agreement is to ensure that the information remains secret and is not stolen. Often, the receiving party, which may...
PROVISIONAL PATENT APPLICATIONS
Very often, I’m contacted by someone that has an invention but doesn’t know what to do next. First, as I explained in a Video called Patent Searching, I recommend doing a Patent Search. The next step is to protect the invention while the marketing effort proceeds. In some cases, a prototype has to be made, or a website built or a licensing effort is started. If the invention is still in the developmental stage, a Provisional Patent Application can provide the quickest, most economical way to protect the invention. A Provisional Patent Application usually includes a description of the invention and supportive drawings....
New Patent from Apple to Cool Electronic Devices
On November 6th, the Apple company patented the “ionic wind generator,” which is referred to in the patent as, “a method and apparatus for cooling electronic devices.” Anyone who owns an Apple product, whether it’s a MacBook or an iPod, knows that this new device is much needed. While it doesn’t always pose a danger, electronics tend to get hot with use. Apple’s new patent outlines a system for cooling that employs an ionic wind pump which utilizes magnets in order to send cool air to certain parts of an electronic machine. Sensors in the device tell the pump which areas...
Deceptive Advertising Charges Against Fake News Site
In the case of the Federal Trade Commission vs. Clickbooth, an affiliate network, the FTC won. Clickbooth must pay $2 million to the FTC as a settlement. The case claimed that Clickbooth misled consumers by placing untrue weight loss claims on various fake news sites. The products that were being offered were colon cleansers and acai berry supplements. The $2 million that the FTC has collected from the case will be used to refund customers who bought the deceptive products. On top of the settlement payout, Clickbooth also has to adhere to a set of rules, barring them from using any...
PCT PATENT APPLICATIONS
An international Patent Application called a Patent Cooperation Treaty or PCT Patent Application is the most cost effective way to ensure International protection for an invention. If an invention is thought to have global value, filing a PCT Patent Application is simply a must. International patent protection increases the value of an individual’s invention while maintaining the option to file in any foreign country for a period of 2½ years. In my practice, most clients decide they want to apply for a PCT patent application when they already have a pending provisional patent or a regular U.S Patent application on file and...
Intellectual Property
Intellectual property (IP) is the legal definition used to encompass inventions and artistic works, including ideas. Anything that’s practical on a commercial level can be considered IP. This includes copyrights, patents and trademarks. In many ways, IP is legally handled the same way other material products are. There are four main types of IP litigation: copyright law, patent law, trademark law and trade secret law. People often mistakenly assume that IP includes any thought that passes through their mind. However, in order to have a case for IP theft or infringement, the idea needs to be commercially viable in some way....