DATE: Oct 29 2007, 3:54 pm / MOOD: Determined

  Many of you may have heard about the Patent Reform legislation which is pending in the U.S. Congress.  As it stands, the House of Representatives has already passed one version of the act, and the Senate has the act in Committee.     
There are a number of significant changes proposed of which all businesses and individual inventors should be aware.  The most fundamental being a change from the current "First to Invent" system to a "First to File" system.  If implemented, this will have a dramatic affect on the U.S. Patent System.  Also proposed is changes to the 12 month "grace period" which our current system employs.  In short, under the current system, an inventor has a 12 month period in which they can offer to sell, use, and/or disclose their invention and still be able to secure patent protection.  Changes to this "grace period" will siginificantly change the planning strategies of U.S. inventors.  If you are interested in more information, you are encouraged to visit the United Inventors Association website at www.uiausa.com which has a nice breakdown of the proposed changes.  As always, feel free to contact my firm at contact@demayconsulting.com if you have questions.

David M. DeMay
Patent Attorney
DeMay Consulting, LLC.

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DATE: Oct 18 2007, 1:06 pm / MOOD: Happy

Hello everyone:

We recently attended the Yankee Invention Expo and it was a great experience. I must say it is a pleasure seeing all the creative minds at work, and even more exciting was the opportunity to meet the founders of Inventube and other companies such as Inventwise and Decavicorp who have the knowledge and passion to help inventors and entrepreneurs succeed.

My hat goes off to all who attended and hope to see more innovative concepts at next years show.

Good luck to all!

Joe
DeMay Consulting, LLC

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DATE: Oct 03 2007, 6:46 pm / MOOD: Determined

The results of the poll posted indicates that 80% of the respondants think that a person may file for a "Provisional Patent". Unfortuantely, the simple and straightforward answer is NO - there is no such thing as a Provisional Patent. There is a Provisional Application for Patent which is just that an application not a granted patent.

A provisional application for patent provides the means to establish an early priority date for a subsequently filed non-provisional application. Once a provisional application has been filed, the use of the term "Patent Pending" is permissible. (Note - provisional applications may not be filed for design inventions.) Provisional applications are NOT examined on their merits and will become abandoned 12 months from its filing date. If a subsequent non-provisional application, claiming the benefit of the provisional application, is not filed within the 12 month period, the applicant loses the benefit of the earlier priority date which may adversely impact the patentability of the invention.

When a provisional application for patent has been filed, it is permissible to use the phrase "Patent Pending" when referring to the invention; however there are no enforceable patent rights until a patent has actually been granted. "Patent Pending" is used by a manufacturer or seller of an article to give notice that a current patent application covering the article is on file in the USPTO. It does not mean that patent has been or will be allowed, only that an application for a patent is currently on file. In layman's terms, it does not mean that you are awaiting receipt of a patent, just that your application is on file either awaiting examination or under examination. There are no enforceable patent rights associated with the use of "patent pending". However, there are penalties that can be imposed for false and/or deceptive use of the phrase.

If anyone has patent questions - please feel free to contact me at www.demayconsulting.com

David DeMay - Patent attorney


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DATE: Oct 03 2007, 11:50 am / MOOD: Determined

Hello everyone:

I know I have spoke with a few of you on finding investors to raise capital for patenting, marketing expenses etc... Here is a great definition on how some investors work and the caution that you should know.

An "Angel Investor" is typically a high net worth, entrepreneurial individual or organization that provides capital to very early stage projects, concepts, and expansions. They take on high risk and add value through their contacts and expertise but do not typically take any management role. "Angels" are looking for a high rate of return and/or a stake in the project. "Angel Investor Networks" are groups of "Angel Investors" which will organize themselves so they can share research and in some cases pool their money for specific projects. Angel Investor Networks are very common and can be found in most local areas.

Do not let greed kill your project. It takes money to make things happen. It takes risk on everyone's part to make things happen. "Angels" can solve your financial needs and help take your project to fruition. That has an immeasurable value so be prepared to pay for it.

DeMay Consulting, LLC does not support or recommend any investor or organization and recommends you do the proper research and get legal advice before contracting with any individual or organization.

If you have any questions please feel free to visit our site at www.demayconsulting.com

Best of luck to all.

Joe


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DATE: Aug 27 2007, 8:45 am / MOOD: Determined

Viewing the various blog and forum comments, a recurring pattern of action, or more correctly inaction, appears to emerge. Many inventors in need of financial support seek that support by sharing with potential investors their ideas, concepts, etc. without first having protected them. If an individual freely discloses his/her ideas without protecting them and another party "steals" the idea, there is likely little if any recourse for the inventor. The legal system will often view this not as though the other party "stole" the idea, but tha the inventor "gave it away". If one can not afford to protect the concept via patent or trademark, at a minimum the inventor should make use of a Non-Disclosure Agreement. If anyone has questions on how to properly protect their concepts, please contact me at contact@demayconsulting.com.

David M. DeMay
Patent Attorney
DeMay Consulting,LLC.

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DATE: Aug 23 2007, 12:29 pm / MOOD: Other

Hi everyone,

I noticed on some of the forums inventors had questions pertaining to trademarks, copyrights, etc..Although I am not the attorney of our firm, here are some very simple definitions for each.


Trademark/™ ® : A non-functional word, logo, slogan, symbol, design—or any combination of these—that distinguishes a product or service. Essentially brand names, trademarks promote competition by giving products corporate identity and marketing leverage. Trademarks do not need to be registered, but federal registration can help to protect the mark legally.

Copyright/© : A right that protects original works of authorship fixed in a tangible medium of expression. Copyrights can include published and unpublished works—literary, dramatic, musical and dance compositions, films, photographs, audiovisual works, paintings, sculpture, and other visual works of art, as well as computer programs—from being copied. Copyright protects the expression of ideas, not the ideas themselves, and gives their authors exclusive rights to reproduce the copyrighted material.

Trade Secret: A formula, pattern, manufacturing process, method of doing business, or technical know-how that gives its holder a competitive advantage. Trade secrets cover a wide spectrum of information, including chemical compounds, machine patterns, customer lists and software. No federal law protecting trade secrets exists; legal definitions vary from state to state so inventors should make careful note of the requirements depending on the location.

I hope this helps.

Good luck to you all!

Joe
DeMay Consulting, LLC


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DATE: Aug 23 2007, 7:40 am / MOOD: None

Hi everyone,

Just a quick FYI- to some of you who are a working employee and have an idea that pertains to his/her company:

Corporations deal with this by having their employees sign a clause in their employment agreement where they grant the patent rights to the corporation for any inventions they develop as an employee. Then the corporation's patent attorneys file the patent under the employee/inventor name, but "assign" all the patent rights to the corporation in the patent application.


If you have any questions, please feel free to contact us through the resources link then "Patenting 101"

Best

Joe

DeMay Consulting, LLC
www.demayconsulting.com


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DATE: Aug 17 2007, 11:02 am / MOOD: Determined

Hello everyone,

I would like to clarify a very common misunderstanding when it comes to "provisional patents" and/or "patent pending". First off, there is no such thing as a provisional patent. There is a provisional patent application which does not get reviewed by the USPTO but establishes a "priority date" for the invention. This application is effective for one year from the date of filing. Secondly, "patent pending" does not mean that you are waiting on the actual patent. It merely means that there is a application currently filed with the USPTO. The USPTO will begin it examination process only when you file a non-provisional application. I hope this helps, and if you need more information please visit the resources link and then click on Patenting 101.

Regards,

Joe
DeMay Consulting, LLC

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DATE: Jul 27 2007, 10:31 am / MOOD: Determined

I have said over and over PLEASE seek out a professional patent attorney before jumping into the water with both feet. I personally have witnessed tens of thousands of dollars literally thrown away due to the rush of getting an idea created and then finding out that there is a patent on that same concept or the product simply is not marketable. I hope this message gets to everyone before possibly consuming a life savings.

Joe
DeMay Consulting

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