Within the world of trademarks there are two general types: 1) Live trademarks and 2) Dead trademarks. A live trademark refers to a trademark that “is actively registered or pending with the USPTO.” (1). Examples of live trademarks include Apple or Clorox, which are both registered trademarks that are currently in use.

In contrast, a dead trademark refers to a trademark “that was registered or applied for and is ‘dead’ or abandoned for several reasons.” (2). Some of the most common reasons that a trademark is deemed to be dead “include: 1. [f]ailure to pay a maintenance fee; 2. [n]on-use of the trademark in commerce; and 3. [f]ailure to respond to an outstanding Office Action.” (1).

Importantly, a dead trademark “does not mean it is available to use without registration.” (2). A dead trademark simply refers to the USPTO designation of the mark and does not reflect the rights that the owner/registrant may still have to the mark. For example, if the owner of the dead mark is still using the mark in commerce, the owner maintains “common law trademark rights.” (2). Therefore, it is recommended that before making use of a dead mark, that the person seeking to use that mark understands what rights the original owner has to the mark in question.

Sources:

https://smithhopen.com/2020/12/14/can-i-use-a-dead-trademark/#:~:text=A%20LIVE%20trademark%20is%20one,meets%

20the%20minimum%20registration%20standards

https://www.yospinlaw.com/2015/05/18/can_i_register_or_use_

a_dead_trademark

Growth and expansion are inevitable for successful businesses. As you generate more revenue, it becomes possible to branch out with new products and new ways of reaching more customers. One way to do that is by creating a mobile app that empowers users to conveniently connect with your service at any time and anywhere. Developing an app that is consistent with your current brand identity requires a lot of thought, but you can begin by understanding the necessary steps in the app development process.

Protect your intellectual property by working with the attorneys at Miller IP Law. Schedule a consultation. 

Getting Started

Before you begin development in earnest, you must conduct thorough market research. Learn what features your audience expects from an app in your industry. Compare your initial idea with existing apps that your competitors have released to determine what aspects you can refine and what additions you should make to your own design.

It is also a good idea to market your app well ahead of time. This is a good way to gauge interest in your future endeavors while also attracting the attention of users who prefer to engage with businesses through mobile apps.

Finding the Right Professionals for Your Development Team

Creating a robust and functional app is not a one-person job. You need to hire freelancers with the right expertise to make your project a success. Alternatively, you can outsource the entire development to a dedicated software development company.

If you want full control of your app's development, though, you need to build your own development team. At the bare minimum, your team should include:

• A project manager
• UX/UI designers
• Mobile developers
• QA testers

Facilitating Communication and Collaboration During App Development

App development can take several months, or up to a full year. During that time, it is essential that you facilitate communication and collaboration within your team.

Consider using Scrum to build the collaborative framework for your software project. Scrum is a powerful yet complex tool, but you can take an online professional development course to master the strategies and tactics necessary for using Scrum to the fullest. You can then take an official assessment to evaluate your new skills. Look for online educators that are among the leading Scrum master courses providers.

Knowing What to Expect After Launch

After launching your mobile app, you may find that your customers will connect to your brand on a deeper level. When your business is accessible to an audience directly from their phones, you become a regular part of their daily lives.

Be aware that launching a mobile app also empowers you to offer better customer service, but you might need to onboard more staff to handle an increased volume of queries. Experts also explain that social media can help businesses engage with consumers. As your app broadens the appeal of your services, be sure to rally your social media endeavors to win the long-term loyalty of your customers.

Building a mobile app is a necessary stepping stone in the growth of a modern company. It is a worthwhile project in expanding your audience and driving interactions with customers in all demographics. It is not without its own share of difficulties, though. App development is a commitment to providing accessible service to your consumers at all hours of every day. If you can build the right team and facilitate productive communication and collaboration between them, though, your business can succeed at this project and any others you choose to tackle.

Image: Pexels.com

We all wish that your top choice from the options presented is the perfect business name for you! But before you can cheer, your shortlisted names must first pass a few crucial exams. The validation procedure will assist you in determining whether your preferred business name(s) are practical and available.

So, ensure you obtain:

• Feedback From Your audience: When it comes to verifying your company name, customer input is crucial. And you can do so by gathering honest feedback on your selected brand name from friends, family, or even random individuals you meet at a restaurant or bar. Walk up to them, tell them why you require their help and get their feedback.
• Available Web Address: Every business, in general, needs a fantastic website. And to get the best it right, you must determine whether your desired business name’s .com domain name is still available. In an ideal world, you would have immediate access to nameofyourbusiness.com. However, this is not always the case, and you may have to pay top dollar for it.
• Trademarks: This method may frustrate you, but it could save you a great deal of trouble later on, as most modern words have already been trademarked in some manner. At this point, you are free to consult with a legal professional to help you determine if the name of your firm satisfies the trademark standards. 

Conclusion

Brand names can increase sales and financial performance for your company, making them the game changers you need to outperform your competition. Choosing a brand name that is synonymous with your company's identity remains a fantastic way to draw the interest of your target clients.

Grant Polachek is the head of branding for Squadhelp.com, 3X Inc 5000 startup and disruptive naming agency. Squadhelp has reviewed more than 1 million names and curated a collection of the best available names on the web today. We are also the world's leading crowdsource naming platform, supporting clients from early-stage startups to Fortune 500 companies.

Photos Provided by Pexels.com

According to data, about half of small businesses start as home-based businesses. Starting a business in your home can be a good way to save money, but can impose space limitations. Running out of space can put a damper on your business' growth. This guide from Miller IP Law will help you make room for your expanding home business by upsizing your home.

Set Up Your Company as a Limited Liability Company

When you run a home-based business, it can be easy for your private and business life to blend. However, it is important to maintain some separation. Before you invest more money in a larger home, make sure your assets are protected by setting up your business as an LLC. 

The limited liability protection of this business structure ensures that creditors can not come after your personal assets to satisfy any debts of your business. There are also other benefits, such as reduced paperwork, increased flexibility and tax savings. If you are concerned about expensive legal fees, you can avoid them by using a formation service or filing yourself. However, if you opt for a do-it-yourself approach, make sure you know the rules of your state before you proceed.

Find the Right Home

Before you choose a neighborhood where you would like to live, make sure there are no zoning laws or other restrictions that would prevent you from running your business if you bought a home there. It may help to consult with a real estate agent or attorney. Once you locate an area that will work for your lifestyle and your business, search for a home that meets your business needs.

There are several factors to consider. Does the home you are considering have enough space to set up a dedicated office? Do you need a storage area for products and supplies? Do you need a workshop or a shipping area? Will customers or clients be coming to your home and does the home have a separate area where you can meet with them?

Sell Your Old Home

Once you have identified a property to buy, you need to get your old home ready to sell. To increase the value and appeal to potential buyers, consider making any necessary repairs and having your home professionally cleaned before you put it on the market.

Protect Your New Home

After closing on your new home, you will almost certainly have bought a homeowner’s insurance policy. You may not know that your insurance policy doesn’t usually cover common home repairs and replacements. A good home warranty does, however, and when you're looking for the best home warranty company you’ll need to balance several factors. You should search for a company that offers you the best combination of value and service for your budget. Be sure to read customer reviews as well. A good home warranty will help you from having to make large out-of-pocket outlays in the event an appliance fails or your AC unit needs to be replaced.

Set Up Your Home Office

One of the first things you should do in your new home is set up your home office. Start by identifying the best location for your office. Preferably, your office should be in a room that you can keep separate from your living area and any noises or distractions during the workday. If you will be meeting with clients, add some furniture to use as a meeting space. Purchase a high-quality desk and chair and set up an ergonomic workspace.

Prepare for Your Future

To make sure your business continues to thrive, it is a good idea to beef up your business skills. One way to do this is to return to school to get an advanced degree, such as an MBA. Online degree programs make it easy to keep running your business and taking care of your family full-time while you complete your education. There are many accredited programs with competitive tuition rates to choose from.

In some ways, having a business that has outgrown your space is a good problem to have. However, it is a problem you must solve to ensure your business keeps growing. And for legal help to support your growing business, contact Miller IP Law today!

Photo via Pexels

The old saying “a picture is worth a thousand words” rings true in patent law. As any inventor knows, patent drawings are one of the most important aspects of a patent application. The United States Patent and Trademark Office (USPTO) “requires applicants to submit drawings of their invention if such drawings are necessary to understand its workings.” (1). These drawings illustrate to the patent examiner and the general public the complex processes, formulations, or descriptions contained within the rest of the patent application.

Given the tremendous importance of patent drawings, many inventors may wonder about the best way to make such drawings. In general, an inventor has two options: 1) make the drawings themselves or 2) hire a professional draftsperson to make the drawings. Both options come with their advantages and disadvantages. By drafting the drawings yourself, an inventor can save time and money but may not know what aspects of the drawing are relevant to a patent application. On the other hand, hiring a professional draftsperson, despite the additional cost, yields drawings that are often more in line with what the USPTO is looking for.

Hand-drawing requires that the illustrator pays great attention to maintaining the proper dimensions and proportions described in the rest of the patent. Furthermore, the illustrator must produce images that provide the viewer with a clear perspective of the various components of the invention. Most patents contain only black and white drawings, however colored drawings “may also be submitted to the USPTO” so long as you “file three sets of the color illustrations with the USPTO, complete a petition explaining why color is necessary, pay a petition fee, and include a statement in your patent application that it contains color drawings.”

In addition to hand drawings, computer drawings generated from Computer-Aided Drawing (CAD) software are becoming increasingly common. CAD programs, such as SOLIDWORKS, allow the user to design a digital 3D model of their invention and produce precise drawings from the 3D model. The user can make changes to the format, the included dimensions, and views of the drawings, thereby offering a more realistic and accurate representation of the claimed invention. Furthermore, some programs allow the user to make accurate 3D drawings by scanning a real-life 3D object.

In summary, whether through good old pen and paper or through high-tech CAD software, including detailed and accurate drawings is an integral component of almost all patent applications.

Sources 

https://www.nolo.com/legal-encyclopedia/patent-drawings-draw-own-30248.html

For business owners picking a place to start up or relocate, Ogden, Utah is a standout option. Below are some information and tips about everything Ogden has to offer, presented by Miller IP Law.

Affordability 

Best Places' metric scores Ogden’s cost of living at 96.1. In its system, any score under 100 means a city is cheaper than average. There are several houses available for rent at reasonable prices, meaning renters can save money here, too.

Community Support for Business Owners

Ogden features a supportive business community that can help entrepreneurs persevere through challenges and pounce on opportunities. The following organizations may be useful for finding grants, networking, and otherwise gaining a foothold in Ogden:

• Ogden-Weber Chamber of Commerce
• City of Ogden Business Services

Quality of Life in Ogden

To help your business attract a strong workforce, you'll want to locate it in a city that offers a high quality of life. Luckily, the Ogden area features many restaurants along with numerous outdoor recreation offerings, events, and cultural outlets. Here are a few examples:

• Hill Aerospace Museum
• George S. Eccles Dinosaur Park
• Utah State Railroad Museum

Education Near Ogden

Education helps both workers and businesses. Educated workers are generally more productive and skilled, and they often show more loyalty to businesses that help them further their education. Positioning your business in Ogden will give your employees easy access to the following area institutions:

• Weber State University
• Davis Technical College
• Ogden-Weber Technical College

Business Quick-Start Checklist

To get your business up and running in Ogden, there are a few important details to handle. One important matter is the type of entity your business will operate under, with the four main choices being a partnership, sole proprietorship, limited liability company (LLC), and corporation. The choice can have a big impact on your business—for instance, forming an LLC can shield your business from certain liabilities and tax burdens while preserving its flexibility and keeping paperwork to a minimum. With an Utah-registered agent, corporation formation is also made so much easier, so check on those before pushing ahead.

Doing Business in Ogden

To sum up, Ogden is an affordable, beautiful city that supports its business owners. Whether your business is looking for its first home or to move to a new one, Ogden may be a perfect fit. For legal services for startups, small businesses, and intellectual property, contact Miller IP Law today!

In 2015 I found myself at a crossroads. I had been working about 12 years in essentially the same role. There had been four different companies in that time, and the job titles had varied, but the role was essentially the same. My role was being a liaison between technology development teams, and internal, and external business partners. In my role, I would meet with decision makers in various business lines, discuss with them where the systems were falling short, or failing them, create documentation around this, and meet with technology, and development teams to design and build solutions. By 2015 I was very comfortable in this role, and I was well compensated. I had one big problem, I was ruling out of energy for the work I was doing. I was bored. I realized that I was becoming miserable, and needed to make a change. I had two options; either I could continue the work I was doing,get a regular paycheck and be miserable, or I could take on a lot of risk and make a change to take on work that I thought I would love. I took the second option by launching a professional career, and executive coaching practice. This was my first serious start up, and in the process I learned several important things about starting a business. I’d like to share with you the high-level phases of my business development and tell you what I learned in the process of launching and building my practice.

Phase 1 - Defined My Business

When considering a business launch, I quickly realized I needed to create a business that would utilize my skills, and feed my passions. In the very beginning I did not know that my business would be a coaching practice. But I know one thing, I wanted to make people the focus of my work. This was a shift as my most recent work was focused on technology, software, systems, and IT infrastructure. I explored a couple different options. A couple months into my search I started researching the coaching discipline. I honestly don’t remember my first exposure to coaching, although over the years, I had met a couple people that described themselves as “Life Coaches”. Through a mutual friend, I had a opportunity to meet with a “Leadership Coach”. That was Jim Carr of Right Connections. I met Jim for lunch and he asked me some very important questions by Jim. (It was not for years later that I fully understood how critical those questions were.) A short time after that lunch, I made the decision to get coaching training, and explore how to launch a coaching practice.

Phase 2 - Assessed My Business Assets and Needs

To be successful, I knew I needed to play to my strengths. My strengths were being college educated, having a BA in Communications, and an MBA. I had a background in technology, and in business. I saw myself as essentially a business person. My MBA had helped fill out gaps in my understanding, and management of a business. This would come in handy. I was not afraid about reaching out to people and telling them about how I could help them. Early experience in sales, and marketing made it easier to sell my services to prospects. These were valuable assets in starting a business. But for what I had in mind, I needed coaching training. After researching a few different options, I decided on World Coach Institute of Boca Raton,Florida. I spent several months completing course work, and group training, and became certified as a Professional Coach (CPC), and a Career Coach (CCC). Fortunately for me, given the nature of coaching, I did not need to acquire a long list of business assets to get started. Assets that I needed to acquire were professional trade skills.

Step 3 - Announced My Business

Anyone who has attempted to start their own business will tell you that the toughest, most critical piece of having a successful start up, is acquiring clients. The first phase in acquiring clients is to announce your business. In my case, I tried everything I could think of announce my practice. This included Google Ads, Radio ads, streaming ads, joining a local Chamber of Commerce, Social Media, a newsletter, and networking. A lot of networking. This was what my business model looked like the first few months of my practice. I continued to buy ads, spend money, make phone calls, tell just about everyone I knew that I had a coaching practice. I put a lot of time, money, and effort into all of these channels. I only had a couple clients, and I was getting frustrated and burned out. What could I do to turn things around?

Step 4 - Stopped doing Things that Never Worked

I was a few months into my business launch. I was trying every option I could think of to find new clients. I was channeling my energy in multiple directions. I only had a couple clients. I was getting tired and frustrated. I could not go on this way. This was not sustainable. Then I made one of the best decisions for my new business. I stopped doing things that never generated clients. I made a decision to only work those channels that had some success. I bailed on those marketing activities that yielded no positive results. After this my life got much easier, and I started succeeding in building a client base. This is advise I freely give to anyone looking to launch a new business, or new coaching practice; at first try everything - give it some time to yield results - then stop doing things that prove unsuccessful.

Step 5 - Go where Clients Go

Coming out of step four, I realized that I needed to be a presence in places, and networks where my best prospects lived. I was refining my niche to two areas: 1) Career Coaching 2) Executive Coaching. Just considering social media, there are hundreds of networks in existence, each with their own flavor of members, and audience. Given my two niches, I felt the best social network for my practice was the LinkedIn network. I have been fortunate enough to have repeat clients, and referrals, but I continue to get most of my new clients from my activity on the LinkedIn. To refine the best networks for your start up, it is helpful to do research in the social media landscape, and make some initial decisions on which networks best fit your product, or service. It may even be worth engaging with a social media company to help you navigate the social media terrain. This is something I did.

Step 6 - Refined Product/Service and Massaging

This step is worth an article of its own. In the interest of keeping length appropriate, let me summarize by saying several years into the new business I worked with a coaching forum, and a business coach to create programs, and create more refined massaging so I could discuss what I had to offer clients in a more organized, and practical way. I have no doubt that efforts helped me to articulate more clearly how I could help them, and helped to grow my business. 

Step 7 - Expanded Channels

Taking the steps in the historical sequence of when they happened in my business, this step brings us to the present state of my business. I came to understand that for my coaching practice, LinkedIn was the best network to stay active in. But I worked with a business coach to get my name. and business registered with multiple professional coach directories to expand my public presence. I was recently interviewed for “Inventive Journey” podcast, and look forward to other podcast opportunities to reach out in new markets.

To share the experience of launching my new business, I have tried to match up lessons I learned with what I see as high-level historical phases in my business. Because as I had new realizations, learned important lessons, this has driven changes to my business model, and what I see as the major “phases” of my business. Some of the important lessons I have learned from my launch is to define my business, assess my assets and needs, announced my business, stopped doing things that failed, go where my clients go, refined my massaging, and most importantly, continued to be open to change. By constantly tracking the success of my business, and staying open to options of changing my business model, I have continued to stay relevant, and viable. Despite pandemics, dramatic shifts in government policies, and aberrant economic conditions, my coaching practice has continued to have success and grow  If it is your passion to start your own business or practice, I encourage you to move forward with confidence, and purpose. I sincerely hope for your success. I am happy to share my story with anyone considering a new business launch. I hope you have found some things of value here. In parting, I have two truths I can share with you: I have never looked back once I made my decision to start my own business, and I continue to love what I do. To your success!

AUTHOR: Brian Kail, MBA, CPC, CCC is a professional Career & Executive Coach

For more information see AscendProCoach.com

 If you are a startup, small business, or a solo-inventor looking for a high quality & affordable patent or trademark, you've found the right place. Miller IP Law offers transparent and affordable options specifically designed for your business goals. Grab a strategy meeting to kick things off!

1. Contracts: they're a necessary part of every business and one of the most frustrating parts of entrepreneurship. With contracts, you have to be looking to the future, towards safeguarding your business for maximum success. But how do you go about understanding, creating, and negotiating business contracts - especially as a beginner? Today, Miller IP Law breaks down everything you need to know.

    

   Understanding the Basics

    

   First things first. Before you start looking for contractors, make sure the fundamentals of your business are strong. Have you chosen the right business structure? Are you satisfied with your product or services? If you’re still laying the groundwork, try an online startup cost calculator so that you’ll have a better idea of what kind of funds you’ll have to negotiate with.

    

   The next step is understanding the fundamentals of contracts. Basically, contracts are the primary source of revenue and relationship building in an organization. One of the key benefits of having a contract is that they are essential to running your business successfully. They serve as a record of commitments for all parties involved, but they also reduce risk and help avoid conflicts down the line. In addition, contracts can increase operational efficiency and help generate revenue.

    

   Understand the Goal of the Contract

    

   Every contract has a goal. Whether your agreement aims to protect your intellectual property or merge your company with another, it will be critical to know why the contract exists in the first place! Start with summarizing your contract description, outlining the parties in the agreement, and the ultimate objective of the contract. You should also outline the critical factors and what you're willing to compromise on. This will then determine the specific terms of your contract and the negotiation process.

    

   Familiarize Yourself With Laws

    

   Look up applicable laws, including federal and state laws. By familiarizing yourself with the related laws, you can ensure you have everything covered. Understanding contract laws will also be a way to go if any party breaks the agreement.

    

   Essential Tools for Managing Contracts

    

   Contracts can often be complex, but some tools can help you. Tools and resources can help you present, edit, and modify agreements. For example, suppose you're repurposing sections of an existing business contract to create a new one. In that case, you can use a PDF extract tool to create a new PDF. This is done by selecting the relevant pages and then creating a new modified PDF for the new contract. Look for a free tool that helps you extract PDF pages, and you should be good to go.

    

   Protecting Both Parties

    

   The aim of every contract should be to look after both parties involved. Be sure to list out all the obligations of your parties, including agreeing on when the parties can negotiate contracts. If any issues arise down the line, having the agreement in writing will make enforcing it much more manageable. Thus, agree beforehand on the consequences of breaking the contract, as this will help with long-term conflict resolution.

    

   Prepare for Questions and Concerns

    

   Contracts can be a lengthy process, and rightly so. A great deal of detail is required for a well-crafted contract, so definitely come prepared with questions and concerns. Anticipating the other parties' concerns will also help create a solid and airtight contract. By respecting the other's problems, you're also earning some trust in your business relationship, which will help aid the process go smoothly and quickly. In addition, be sure to list your own questions about the contract process. If you’re working with an attorney or aide, be sure to get their advice on the questions, so you are confident about what you’re entering into. Remember, there are no silly questions, and it is better to be safe than sorry down the line. Clarifying all your doubts will reduce the chance of risks and mistakes down the line as well.

    

   Contracts are an essential part of every business owner's journey. If you've been avoiding taking the lead on managing your contracts, this is your sign to start. You'll see excellent conflict resolution, analysis, and empowerment through negotiation with confident contracting. You've got this!

Image from Unsplash

 If you are a startup, small business, or a solo-inventor looking for a high quality & affordable patent or trademark, you've found the right place. Miller IP Law offers transparent and affordable options specifically designed for your business goals. Grab a strategy meeting to kick things off!

Almost all inventions make use of existing concepts or products. Whether it is a new type of watch design that improves upon the original design of the watch or an innovative type of water bottle that can keep liquids cold for longer, new inventions are almost always improvements of tangible things or processes that already exist in some form.

One question inventors may have is whether they can obtain a patent for an improvement to an existing product? In short, so long as an inventor can demonstrate to the United States Patent and Trademark Office (USPTO) that their invention is “something new or unobvious as compared to the existing issued patents and/or patent applications” a patent can be obtained for an improvement to an existing product. (1).

In order for an improvement to be considered non-obvious by the USPTO, it does not mean that the invention has to be unconceivable by the inventors of the original design. Rather, a non-obvious improvement is one that is not readily apparent or is one that is not simply a minor improvement over the original design. For example, the invention of the colored TV, improving on the design of black-and-white TV was considered a non-obvious improvement, despite it being a conceivable invention at the time. Similarly, the invention of touch-screen smartphones was a non-obvious improvement of the original analog controlled cell phone.  

A critical aspect of determining whether you can receive a patent for an improvement to an existing product is something called a prior art search. A prior art search is a detailed investigation, often by a patent attorney, into existing inventions which overlap with the improved invention. This necessary step in the patent application process is a great opportunity for an inventor to assess their likelihood of obtaining the patent and to make adjustments to the improvement based on existing prior art.

For improvements that closely resemble existing prior art, inventors will likely experience some friction in the patent application process through the USPTO. Most often, this means that during your first application to the USPTO, the examiner is more likely to reject your claims the greater their similarity to existing ones. (1). However, “[t]his can be overcome by changing the claims to distinguish over the prior art cited by the examiner.” (1).

Interestingly, in addition to making improvements to existing inventions, in rare instances, inventors can obtain a patent for using an existing product for a different use. One example of this was “in 2000, [when] the Federal Circuit allowed a patent for the idea of using Bag Balm - - an ointment normally used to soothe irritated cow udders – to treat human baldness. The court found it patentable because it’s a new use of a known composition.” (2).

With the help of a patent attorney, an inventor can effectively distinguish their improvement from existing prior art and go on to obtain a patent for their invention.

Sources

1. https://www.cohnpatents.com/2019/02/12/how-to-patent-an-improvement-on-an-existing-product/
2. https://www.nolo.com/legal-encyclopedia/improvement-patents-new-use-patents-30250.html

 If you are a startup, small business, or a solo-inventor looking for a high quality & affordable patent or trademark, you've found the right place. Miller IP Law offers transparent and affordable options specifically designed for your business goals. Grab a strategy meeting to kick things off!

Like other types of applications to the United States Patent and Trademark Office (USPTO), the duration of the trademark registration process varies and depends on many factors. If the process goes smoothly, with no rejections or issues, the process usually takes between 6 and 7 months. However, if there are rejections or previously filed conflicting trademarks, the process usually takes between 10 and 11 months

The figure below illustrates a timeline for the trademark registration and maintenance process for a trademark already used in commerce. (1).

As depicted, it takes approximately three months from the time the trademark application is filed for the USPTO to review the application. Recently however, this takes process has been taking between 5 and 6 months. Upon reviewing the application, the examiner at the USPTO can choose to approve the trademark or reject the trademark application. If the examiner approves the trademark, it takes about 2 months for the trademark to issue (1 month for a public comment/opposition period and 1 month to process it for registration).

However, if the examiner rejects the trademark and issues an office action (meaning that the examiner found that the application conflicted with an existing trademark), the registration process will take even longer. Typically, each round of rejection and response takes between 2 and 3 months. If the response is sufficient for the trademark to issue, it usually takes an additional 2 months for it do so. 

It is important to note that in addition to the variations discussed above (describing a trademark already used in commerce), the duration of the registration process also varies for how your trademark is used. For example, the timeline of the trademark registration process varies if your trademark is not currently in commercial use, [or if] [y]ou own an earlier-filed foreign application that was filed within six months of your U.S. application . . . [y]ou own a foreign registration of the same trademark for the same goods and/or services from your country of origin” (2).  

With the help of an experienced Patent and Trademark attorney, an inventor can effectively navigate the complexities of the trademark registration process.

Sources

1. https://www.uspto.gov/trademarks/trademark-timelines/section-1a-timeline-application-based-use-commerce
2. https://www.uspto.gov/trademarks/trademark-timelines/trademark-application-and-post-registration-process-timelines

If you are a startup, small business, or a solo-inventor looking for a high quality & affordable patent or trademark, you've found the right place. Miller IP Law offers transparent and affordable options specifically designed for your business goals. Grab a strategy meeting to kick things off!

Almost all inventions make use of existing concepts or products. Whether it is a new type of watch design that improves upon the original design of the watch or an innovative type of water bottle that can keep liquids cold for longer, new inventions are almost always improvements of tangible things or processes that already exist in some form.

One question inventors may have is whether they can obtain a patent for an improvement to an existing product? In short, so long as an inventor can demonstrate to the United States Patent and Trademark Office (USPTO) that their invention is “something new or unobvious as compared to the existing issued patents and/or patent applications” a patent can be obtained for an improvement to an existing product. (1).

A critical aspect of determining whether you can receive a patent for an improvement to an existing product is something called a prior art search. A prior art search is a detailed investigation, often by a patent attorney, into existing inventions which overlap with the improved invention. This necessary step in the patent application process is a great opportunity for an inventor to assess their likelihood of obtaining the patent and to make adjustments to the improvement based on existing prior art.

For improvements that closely resemble existing prior art, inventors will likely experience some friction in the patent application process through the USPTO. Most often, this means that during your first application to the USPTO, the examiner is more likely to reject your claims the greater their similarity to existing ones. (1). However, “[t]his can be overcome by changing the claims to distinguish over the prior art cited by the examiner.” (1).

Interestingly, in addition to making improvements to existing inventions, in rare instances, inventors can obtain a patent for using an existing product for a different use. One example of this was “in 2000, [when] the Federal Circuit allowed a patent for the idea of using Bag Balm - - an ointment normally used to soothe irritated cow udders – to treat human baldness. The court found it patentable because it’s a new use of a known composition.” (2).

With the help of a patent attorney, an inventor can effectively distinguish their improvement from existing prior art and go on to obtain a patent for their invention.

 Sources

1. https://www.cohnpatents.com/2019/02/12/how-to-patent-an-improvement-on-an-existing-product/
2. https://www.nolo.com/legal-encyclopedia/improvement-patents-new-use-patents-30250.html

An educational process, defined as a structure of teaching which yields a particular educational outcome, can be patented if certain requirements are met.

Like all other patents, a patent for an educational process must satisfy three basic elements: the invention must be 1) useful, 2) non-obvious, and 3) novel (new). If these requirements are met, then an educational process is likely eligible for patent protection.

An inventor may seek to patent their educational process with a method patent, also known as a process patent. A method patent “is one of the four principal categories of things that may be patented through ‘utility patents’” (1). The scope of method patents is quite broad and covers inventions ranging from a process on how to make a shirt to certain types of software.

For an educational process, an inventor would be patenting the series of steps in the educational process which leads to a particular result. Like patenting business methods, obtaining a patent for an educational process is quite difficult because it can be hard to demonstrate that the educational process is unique and distinguishable from other existing educational methods.

In summary, although obtaining a method patent for an educational process may be more difficult than a standard utility patent, it can be patented if the requirements discussed above are satisfied.

Sources

https://en.wikipedia.org/wiki/Method_(patent)

In short, the length of time which patents are valid depends on the type of patent. However, for utility patents, the most common type of patent, the patent is valid for 20 years from the time of filing.

There are five general categories of patents 1) Non-Provisional Utility Patents, 2) Provisional Utility Patents, 3) Design Patents, 4) Plant Patents, and 5) PCT Patents. All patent types grant the inventor “the right to exclude others from making, using, offering for sale, or selling the invention throughout the United States” *. The right to exclude is quite broad and is meant to “enable the patent owners to recoup the manufacturing costs and obtain an ROI in the development of the patented technology.” *. The protection offered by patents is generally longer in duration than copyrights because it grants the inventor a virtual monopoly over their invention.

Given the broad scope offered by patent protection, an inventor may wonder how long their patent is valid (AKA, how long can they exclude others from making, using, or selling the invention). The sections below will briefly introduce what subject matter each type of patent protects and how long each type is valid for.

Provisional and Non-Provisional Utility Patents

The most common patent type is a utility patent, which protects “any new and useful process, machine, article of manufacture, or compositions of matters, or any new useful improvement thereof.” *.

The first type of utility patent is a provisional utility patent. A provisional utility patent “only lasts for one year and gives the inventor an opportunity to conduct more research or finish the invention before filing a non-provisional patent application.” *. This patent type is less complicated and expensive than a non-provisional patent application.

The second type of utility patent is a non-provisional patent. In contrast to a provisional patent, a non-provisional utility patent is more complicated and expensive but it “can issue into an enforceable claim.” *.  For all non-provisional “utility patents filed on or after June 8, 1995,” the patent is valid “for 20 years from the application filing date.” *. The filing date refers to the date that the inventor submitted the patent application to the USPTO. 

Importantly, the patent protection clock starts ticking as soon as an application, regardless of whether the application was for a provisional or non-provisional patent.

Design Patents

            A design patent protects any “new, original, and ornamental design for an article of manufacture.” *. For all design patent applications filed on or after May 13, 2015, a design patent is valid “for the term of fifteen years from the date of grant.” *.  

Plant Patents

            Plant patents protect offers protections to “anyone who invents or discovers and asexually produces any distinct and new variety of plant.” *. Similar to utility patents, plant patents are valid “20 years from the date of filing the application.” *.

PCT Patents

            Unlike the other types of patents discussed in this article, PCT Patents refer to international patent applications submitted under a document called the Patent Corporation Treaty (PCT). *. The PCT “assists applicants in seeking patent protection internationally for their inventions, helps patent offices with their patent granting decisions, and facilitates access to a wealth of technical information relating to those inventions.” *.

            Submitting an application under the PCT does not grant the inventor a patent in any particular country. However, by submitting an application, an inventor “establishes a filing date in all contracting states.” *.  

             A PCT application gives an inventor 30 months to decide which country to file into. After 30 months, the duration of patent protection varies depending on the country the inventor choses to file in.

(Please click * for source)

A patent reflects the countless hours and significant investment the inventor has placed into their invention. Given the tremendous value of patents in granting the owner the right to exclude others from making or using the invention, an inventor may wonder whether they can sell their patent? In short, just like other forms of intellectual property, a patent can be bought and sold.

Inventors often have many reasons for deciding to sell their patent. One of the most common reasons is that inventors do not have the capacity or ability to bring their product to market. In fact, around "97% of all patents never recoup the cost of filing them" (1). Therefore, many inventors may seek to sell their patent to a third party to recoup the costs associated with the patent application process.

One of the most significant cons of selling a patent is that the inventor loses all rights to their intellectual property since those rights transfer to a third party. This means that the inventor is not entitled to any financial benefits associated with bringing the product to market, even if the profits generated far exceed the sale price of the patent.

Perhaps the most common means by which inventors can sell their patent is through a patent broker. "A patent broker represents patent owners in the sale, licensing or other monetization of their patents." (2). A patent broker serves almost as a matchmaker, trying to pair inventors who are trying to sell their patent with buyers (often companies) who wish to buy their patent. One reason inventors use patent brokers instead of selling directly to buyers is that a broker has a strong financial incentive to sell the patent for the highest amount possible, as they receive a portion of the patent's sale price.

In addition to selling a patent outright, one option that many inventors opt for is licensing. Licensing refers to an inventor "licensing the rights to make, use, or promote" their products. (3). The primary benefit of licensing one's patent, compared to selling, is that it allows the inventor to retain the rights associated with the patent and receive the benefits associated with the product being brought to market. The main drawback to licensing is that the inventor is not entitled to the full amount of profits generated from bringing the product to market since the party granted the license receives a portion of those benefits.

In summary, inventors must weigh the pros and cons associated with holding onto, selling, or licensing to determine what makes the most financial sense for their patent.

References

1. https://www.forbes.com/sites/stephenkey/2017/11/13/in-todays-market-do-patents-even-matter/?sh=783a6a2456f3

2. https://ipofferings.com/

3. https://www.upcounsel.com/how-much-can-you-sell-a-patent-for

As any designer knows, clothing and jewelry are items that often represent countless hours of careful design and production. These items are not only products with an inherent commercial value; they are uniquely artistic and intellectual expressions of their creators. As such, designers might wonder if they can patent their creation. In short, as long as the items fulfill the standard requirements for patent protection, they can be patented. The two types of patents under which clothing and jewelry could be protected are utility and design patents.

A utility patent protects “any new and useful process, machine, article of manufacture, or compositions of matters, or any new useful improvement thereof.” (1). Some examples of utility patents for clothing are: magnetic fastening assemblies for clothing, clothing made using spider silk, and a T-shirt with sleeve extensions. Some examples of utility patents for jewelry are: an interchangeable jewelry building system and jewelry with a magnetic closure. A utility patent allows the designer to secure the rights to a functional aspect of the item. A functional aspect refers to a part of the invention that relates to what the feature “does rather than by what it is.” (2). Given that most articles of clothing and jewelry make use of existing components and production methods, it is generally more difficult to secure a utility patent.

A designer is more likely to secure a design patent, which grants patent protection “to anyone who invents a new, original, and ornamental design for an article of manufacture.” (1). Unlike the examples given for utility patents, a design patent would protect any piece of clothing or jewelry which contains a new design, even if such design does not relate to the functional aspects of the product. As discussed above, a functional aspect is a part of the invention characterized by what it does, not by how it looks like. An example of a non-functional aspect of a product is the design of a glass Coca-Cola bottle. The shape of the bottle does not serve a functional purpose, but rather it serves as an instantly recognizable design unique to Coca-Cola.

Importantly, a design patent is quite distinct from a trademark or and a copyright. A design patent protects a unique design feature rather than general branding. For example, a design patent could protect an invention such as an adjustable hooded jacket, but it could not protect an ordinary t-shirt with a company’s unique logo. If the company Nike wanted to produce a regular cotton t-shirt with no distinguishing features (i.e., a special threading technique, ventilation system, etc.), Nike would not be eligible for patent protection. However, Nike would have trademark protection since the Nike trademark distinguishes a Nike cotton t-shirt from other t-shirts.

The ability of designers and inventors to obtain patent protection for the unique features, designs, and manufacturing processes of their creations is an important and meaningful “tool to maximize the benefits from their designs.” (3).

References

1. https://www.uspto.gov/patents/basics/patent-process-overview#step4

2. https://mpep.uspto.gov/RDMS/MPEP/e8r9#/e8r9/d0e218409.html

3. https://adlilaw.com/protecting-jewelry-designs/#:~:text=Design%20patents%20can%20protect%20non,patent%20application%20has%20been%20filed.

If you are a startup, small business, or a solo-inventor looking for a high quality & affordable patent or trademark, you've found the right place. Miller IP Law offers transparent and affordable options specifically designed for your business goals. Grab a strategy meeting to kick things off!

Like inventions that are physical (such as a new design for a pen), a website reflects the effort, thought, and design of the person who creates it. Often, websites are unique and distinct from other websites due to their design, features, or capabilities. Due to the similarities between a website and tangible inventions, one may ask, “can I patent a website?”

The simple answer to this question is that generally, an inventor cannot patent a website in its entirety. However, certain aspects of the website can be patented, and the intellectual property contained within the website can be protected through means other than obtaining a patent.

            Unlike a single physical product, a website makes use of several different elements to present itself, including but not limited to, the internet, a domain, and software used to generate the “text, sounds, images, and video displayed” on the website (1). One aspect of a website that can be patented using a utility patent is that of unique software used for a feature on the website. For example, a software which is used on the website to accept a new type of payment system, such as Amazon’s “One Click Checkout” could be patented if it is satisfies the requirements of a normal patent (useful, unique, and non-obvious). (1).

            In addition to a single useful feature of the website, the entirety of the website can be patented in rare circumstances through the use of a design patent. Unlike a utility patent, a design patent would protect the unique aesthetic nature of the website. Importantly, an inventor would only be able to obtain such a design patent if the aesthetic design of the website can be proven unique.

            A litmus test that inventors can use to determine whether a certain aspect of their website is patentable is to write down features (which would be claims in a patent application) that distinguish features of their websites from other existing websites. These features could be described, diagramed, or drawn to demonstrate their unique characteristics. In addition to being distinct, an inventor must show that the features of the website merit protection by the United States Patent and Trademark Office (USPTO).

            Other means by which an inventor can secure their intellectual property rights, with respect to their website, include trademarks, copyrights, and trade secrets. (1). First, a trademark can be used to protect the website brand, such as “Amazon” from being used by other websites. Second, a copyright can be used to protect any of the creative portions of the website including graphics or designs. Lastly, an inventor could maintain confidentiality of certain features, such as backend software, by not disclosing the design of those features to third parties through non-disclosure agreements. However, this protection is only as good as the inventor’s ability to keep that secret concealed from third parties, which is challenging given the nature of the internet.

Sources

1. https://legalvision.com.au/can-i-patent-a-website/

As many inventors know, obtaining a patent can be a very long and expensive process. Often, thousands of dollars are spent on everything from filing fees to hiring a patent attorney.

Given an inventor’s legitimate interest in securing their idea, one may wonder if an easier and cheaper option exists than the formal patent application process. One alternative is colloquially referred to in the world of intellectual property as a ‘Poor Man’s Patent.’

A Poor Man’s Patent involves an inventor mailing him or herself a description of their invention in a postmarked letter (1). In this rudimentary system, the date that the letter was postmarked serves as the date that the idea was invented, which can be used against anyone who claims they were the first to invent the product (1). To inventors, this may seem like a logical and effective way of securing their intellectual property rights; however, this belief is inherently flawed.

Before the American Invents Act of 2013, The United States was a “first to invent” country, meaning that the first person to come up with the invention, not necessarily the first to file the invention with the United States Patent and Trademark Office (USPTO), was the one who received the patent. Before 2013, under the “first to invent” system, an inventor who postmarks a letter that describes the invention would be entitled to a patent since they were the first to invent. However, after 2013, with the passing of the American Invents Act, the system transitioned from “first to invent” to “first to file.” This means that the “first inventor to file for a patent has priority for that patent.” (1). Under the “first to file” system, there exists no value in obtaining a Poor Man’s Patent since it now only matters who filed for the patent first and not who came up with the idea first. Essentially, a Poor Man’s Patent has about as much value today as the postage affixed to the envelope.

Although obtaining a Poor Man’s Patent is no longer a viable option, there exist other ways for inventors who do not have the financial resources to go through with the formal patent application process to secure their intellectual property. To be discussed in future articles, two possible ways are 1) filing a provisional patent application and 2) publishing the idea. 

Resources

1. https://www.goldsteinpatentlaw.com/what-is-poor-mans-patent/#:~:text=A%20poor%20man's%20patent%20is,this%20written%20description%20was%20postmarked.

No company can thrive (or even survive) without business processes. These processes are the blueprint a company uses to fulfill any task or activity related to its goals. The more efficiently it can manage the processes, the more progress it can make toward its organizational goals. 

So, how can your organization manage your processes more efficiently? You can strengthen your business process management (BPM). Implementing this discipline can help your team work more productively and boost your company’s visibility, among many other benefits. Below, Miller IP Law discusses BPM in more detail and touches on how to successfully implement it in your organization.

Better Efficiency   

Every company can benefit from smoother and more efficient business processes, but achieving that also happens to be a significant challenge. When your processes are inefficient, it means you are wasting time and money.

BPM practices can help you identify inefficiencies and minimize the delays and mishaps they cause. Your leaders and employees can use BPM to understand all your processes, helping you maintain a consistent workflow and discover new solutions. You can even use BPM to predict how a specific process will work in optimal circumstances so that you can modify the process to accomplish that goal.

Better Visibility

The right BPM software allows organizations to monitor business processes from beginning to end. You can continually track automated processes and assess their effectiveness in real-time. BPM also bypasses manual labor to provide more visibility into each process's performance. This can help your managers better understand business activities and modify the flow of each process accordingly.

Better Agility     

An agile company is always in a better position to succeed than one that can't roll with the punches. Whether a new regulation, an emerging competitor, or technological advancement, all of your business activity must keep up with an evolving landscape.

Implementing BPM will help you respond quickly and keep your business competitive. The right software will let your team cease a business process as soon as a problem is detected so that you can quickly adjust it and minimize lost time. In other words, BPM's flexibility makes your company more flexible.

Better Compliance    

Any business owner can tell you how complicated and expensive it can be to overlook corporate rules and regulations. When using BPM, your team will be able to ensure that all employees remain compliant with evolving regulations while bolstering securities against theft, fraud, and other cybercrimes. BPM maps out each stage of a process, and the detailed workflow allows users to confirm that every team member has the documentation they need to comply with standards.

Implementing BPM the Right Way      

One of the most critical aspects of BPM implementation is to use process mining (this is often called task mining). This practice identifies, validates, and improves workflows through data, which can yield significant benefits for your entire organization. Process mining can boost employee productivity and satisfaction, improve sales, mitigate risks, and open the doors to opportunities you wouldn't have discovered otherwise.

Besides process mining, your team will need to clarify goals for BPM implementation and convince management and employees to get on board. Of course, you’ll also need to research various software solutions to find one that can be quickly and easily integrated into your operations.

The verdict is out, and BPM could be a game-changer for your company. Consider the benefits mentioned above, and keep learning other ways BPM could make your team more productive and your organization more efficient overall. By choosing the right software and dedicating time to implement it effectively, you will set your business up for steady growth and success!