ATTENTION ALL INDEPENDENT INVENTORS!

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The United States Patent and Trademark Office is hosting its 16th Annual Independent Inventor Conference on August 15-16, 2014 at its offices in Arlington Virginia. The conference will enable independent inventors and small business owners to learn about the patent system, as well as network with other entrepreneurs and inventors. 

Senior level officials from the USPTO and others will present information on patents, trademarks, and other intellectual property (IP) matters.  In addition, experienced business owners and inventors will relate their personal perspectives in bringing their dreams to market. Governmental and business development entities will discuss commercial best practices and the various resources offered by their organizations. Each attendee will have an exclusive opportunity to meet one-on-one with a USPTO expert or IP professional of his or her choice, as well as hear keynote addresses from major figures in the entrepreneurial world.

Attendees will also be able to choose from a variety of panels and breakout sessions that address specific intellectual property topics relevant to the modern inventor and small business owner. These sessions include hands-on workshops on patent and trademark application filing, prior art searching, and recent changes in legislation that affect business owners and inventors, among many other topics.

So if you are in the DC area, this looks like a great event for any entrepreneur or small business owner.  

What's in a Name?

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What's in a Name?

A client of mine came to me recently lamenting the fact that someone in her industry was using an almost identical business name and service mark.  She was given to understand that because the name is a family name, she was powerless to do anything about it.  Not so.

Just because your name is McDonald, doesn’t mean you can sell hamburgers.  And if your name is Guinness, you can’t open up a brewery.  There are limits on your ability to use your name in connection with your business.  These limits are established by the present landscape of what marks are being used.  The test of infringement in trademark law is “likelihood of confusion.”  Would a potential purchaser of goods or services be confused as to the source of those goods or services between your mark and your competitor’s mark?  If the answer is yes, then there is a problem. 

Trademarks, service marks and logos gain strength through use.  Use of a mark is accomplished through sales of goods or services associated with that mark.  It typically follows that the longer your business has been using a particular mark, the stronger the mark becomes.  

In the case of my client, once she understood that she had significant strength in her mark, she was able to assert her rights against her competitor and force a change in the competitor’s mark.  In addition, with her surname in use in her industry, her mark continues to gain strength.

What’s the take away here?  If you are aware of any competitor’s mark that is similar, look at your options.  Even if there are no problematic marks at present, keep an eye out for new marks and assert your rights where appropriate.  

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Patent Pro Bono Program

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Attention starving entrepreneurs, college students and all others with not much other than a great idea.  As part of the recently enacted America Invents Act, the US Patent Office is developing a patent pro bono program.  The US Patent Office, in conjunction with state bar associations around the country, will help pair qualified individuals with patent attorney volunteers who will assist in helping to obtain patent protection.  Currently, at least part or all of 20 states have pro bono programs offering assistance, with more slated to begin operation within 2014 and 2015.  The current pro bono programs are limited to residents of:

Alaska Arizona California Colorado Delaware District of Columbia Idaho Hawaii Louisiana Maryland Massachusetts Minnesota Nevada New York  North Carolina Ohio Oregon Pennsylvania Texas Virginia Washington Wyoming

If you are a resident of one of the states is listed above, Pro-bono assistance is now available, to be considered and apply go to the Federal Circuit Bar Association National Clearing House.

If your resident state is not listed above please do not apply for assistance at this time.  The North Carolina Bar Association has begun accepting applications.  Go to the NCLEAP (North Carolina Lawyers for Entrepreneurs Assistance Program) page of the North Carolina Bar Association website.

To apply, the Federal Circuit website will ask for basic information about your invention, including a brief description, to help in the referral process. Should your application pass the first level of screening at the national clearinghouse, it will be forwarded to the appropriate regional program. All following correspondence will come from the regional program.

Acceptance into a state or regional pro bono program requires each potential pro bono client to be screened for certain criteria. Some of these criteria include:

1.      Gross household income – region dependent, but most limited to 300% of the poverty levels 
Example 1 -  a single person could have an income of up to $34,470 (3 times the current single person poverty level of $11,490);
Example 2 - a family of 4 could have a gross income of up to $70,650 (3 times the current family of 4 poverty level of $23,550). 

2.      Knowledge of the patent system – demonstrated by having an application on file with the USPTO or by successfully completing the certificate training course. Many regional pro bono programs require successful completion of the certificate training to be considered for the program.

 

3.      Having an invention, not merely an idea – to demonstrate that there is an invention one should be able to describe the invention so that someone could make and use the invention.

 

There may be additional requirements imposed by the state or local organization working with the US Patent Office.  Once you have cleared these hurdles you will be put in touch with a local bar association and paired with a volunteer patent attorney who will help you to prepare, file, prosecute and hopefully obtain your patent.