An Inventor Adviser Agreement is an advisor contract where the advisor or business consultant agrees to serve as the Inventor’s advisor to provide strategic advice on the Inventor’s products or services, their development, general business, marketing, and/or sales business consulting and more specifically guidance on specific business, product development, formulation, compliance, marketing, sales, product strategy issues, financing, and lending his or her name to the business development or recruiting efforts.

You have an idea or an invention. Now it’s time to discuss your invention with a third party (not a longtime friend or family member). How do you protect yourself when disclosing your invention and confidential information to others and under what conditions? Do you file a patent application first? Should you disclose your invention to a third party before filing your patent? What are your options and what are the risks?

How to disclose your invention to others correctly. You have an idea or an invention. Now it’s time to discuss your invention with a third party (not a longtime friend or family member). How do you protect yourself when disclosing your invention and confidential information to others and under what conditions? Do you file a patent application first? Should you disclose your invention to a third party before filing your patent? What are your options and what are the risks?

A mark is merely descriptive if it describes an ingredient, quality, characteristic, function, feature, purpose, or use of an applicant’s goods and/or services. TMEP §1209.01(b). The mark need not describe all the goods and services identified, as long as it merely describes one of them. Similarly, a mark is considered merely descriptive if it immediately conveys knowledge of a quality, feature, function, or characteristic of an applicant’s goods or services.

Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins; unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry.

Online Marketing: Search engines, such as Google, use descriptive words to index products and services. You may want to purchase a domain name with your descriptive words since searchers are likely unaware of your new mark. See Google’s Adword Keyword Tool to search how many hits a particular descriptive phrase specific to your product or service receives per month. Search Go Daddy to see if such phrases are available for purchase. Consider purchasing 1-3 descriptive domains.

State trademarks are typically filed with the state’s Secretary of State Office and provide for trademark protection within the state. Common Law trademark rights are obtained through use of the mark and are not governed by federal or state statute based on filing a trademark application, instead common law trademark rights developed under court created rights governed by state law.

A trademark is a brand name for a product or service. A trademark or service mark as defined by the USPTO includes any “word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the products/services of one seller or provider from those of others, and to indicate the source of the products/services. Although federal registration of a mark is not mandatory, it has several advantages, including notice to the public of the registrant’s claim of ownership of the mark, legal presumption of ownership nationwide, and exclusive right to use the mark on or
in connection with the products/services listed in the registration.”

By performing a trademark search your aim is to discover if any trademarks are in existence, which may be relevant to your choice of a mark or affect the outcome of your own trademark application. Based on the trademark search results you will be able to determine whether or not your mark is cleared for registration (registerable). If you know what trademarks were filed before your Trademark then you may decide to tweak, edit or change your mark before you file a Trademark application to help assure its registration. We always recommend a pre-screening.

Step 1 – How to Patent an Idea: Document your Invention: Complete the form: At least have a Title, List of Parts (mark photos or drawings to identify parts by name); List of Advantages; Description of drawings, figures, photos, hand drawings; Summary of how parts are assembled; Summary of how invention is used.

Patent pending (sometimes abbreviated as “pat. pend.” or “pat. pending”) or “patent applied for” may be used on a product after the inventor has filed for a patent (provisional or non-provisional patent) and is waiting to see if the patent is granted by the US Patent Office but prior to the patent being issued or the application abandoned.

A US patent application that cover any new, original and ornamental design for a product of manufacture, such as the 3D configuration of a product like a vase, door knob, fender of a car, a desk phone and the like. A Design Patents have a term of 14 years in the US and protect only the appearance of the article and not structural or useful features. Appearance includes visual ornamental characteristics embodied in, or applied to, an article of manufacture, including configuration or shape of an article, surface ornamentation applied to an article, or to the combination of configuration and surface ornamentation of an article of manufacture.

A non provisional or utility patent is a US application that meets all the requirements of patentability set forth by the US Patent & Trademark Office (USPTO). Patents in the US generally have a term of 20 years from the date on which the earliest application for the patent was filed. The written document of a non provisional patent comprises a specification, which includes a title, technical field, background, brief summary, brief description of the drawings, detailed description of the preferred and selected alternate embodiments, one or more claims, an abstract, and one or more formal drawings of the invention.

Provisional applications are US patent applications for a patent which do not mature into an issued patent (i.e., they are not examined by the USPTO) unless further steps are taken by the applicant within twelve (12) months of filing the provisional application. Such applications are designed to provide lower cost and less formal application for patent by reducing the formal requirements, such as, not requiring formal drawings, claims, oath and declarations, or an information disclosure statement.

A patent search is a search of issued patents and published patent applications that are relevant or related to your invention, which may be considered important “prior art” references when applying for a patent. Prior art is any product, publication, or patent, that may be relevant or related to your invention. In order to be patentable your invention must have a new part or element not found in prior art to be new or novel. A patent searcher reviews the drawings and text of US patents and patent applications to determine whether your invention is new and determines the scope of potential patentability.

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Let our team turn your idea sketches into 3D design CAD drawings. We can render your hand drawings or concept sketches in 3D design, and from these 3D designs we can produce patent ready drawings, or use the 3D design to create a prototype of your product. Simple mechanical designs start around $500 but depending on complexity and number of parts the price may increase.

A native of Charlotte, Jeff graduated from the University of Miami School Of Law. Prior to law school, Jeff earned an undergraduate degree in Mechanical Engineering from North Carolina State University. Following law school, Jeff was an associate patent attorney for a local boutique IP firm for over 7 years before joining BGIP. Mr. Watson is a skillful patent attorney in a wide range of practice areas with a strong background in mechanical arts including automotive, engines, shocks and suspensions, software and electronics, textile and material science patents, as well as process and business methods patents. Jeff’s primary focus is on the preparation and prosecution of patent applications, but also has extensive experience in patent litigation. He is also an accomplished trademark attorney with a thorough background in trademark prosecution, domestic and foreign filings, matters before the TTAB, and trademark litigation.

Mat graduated from Western Michigan School of Law. Prior to law school, Mat earned an undergraduate degree in Electrical and Computer Engineering from the University of Iowa. Following law school, Mat was a patent attorney for the University of California system of nine universities and three DOE labs. During the Dot Com boom Mat was General Counsel for a startup telecom optical hardware and software company Movaz Networks in Atlanta, GA. After acquisition Mat became an associate patent attorney for a local boutique IP firm for 5 years before founding BG IP Law. Mr. Grell is a skillful patent attorney in a wide range of practice areas with a strong background in electrical, electronic, electro-mechanical, optical, networking, software, and mechanical art, as well as process and business methods patents.

(1) Reserve the name of the company or LLC with the secretary of state office of the state where you wish to incorporate and pay the reservation fee to reserve your name.
(2) Prepare and file an Articles of Incorporation for a corporation or an Articles of Organization for an LLC and pay the fee to file such articles.
(3) Prepare the By Laws for a corporation or an Operating Agreement for an LLC setting forth the terms and conditions of operation of the entity under the rules of the applicable state.

(1) Copyright. Each original work of authorship fixed in a tangible or electronic form, including text, graphics, and pictures can be the basis of one or more copyright applications. As a reminder, please ensure to always include a copyright notice on all web pages in the footer and all documents available on the website fixed on paper or in an electronic form, such as © 201_ Full Name/Company Name. ALL RIGHTS RESERVED. Note if multiple authors or designers are contributing to the website and a single person or entity desires to own the collective work then the authors or designers must transfer their rights to the single person or entity via an assignment/work-made-for-hire agreement.

(1) Patent protection for a business methods or e-commerce solutions conducted via the Internet may be patentable if the solution provided is based on at least one new and non-obvious step of an algorithm (a process of doing something) or a flow diagram (a series of steps to perform or complete something) of the solution. First step is to diagram the series of steps performed (via a flow chart) from the view point of an end-user, the network or a server/database and maintain such view point in the description, see How to Record your Invention. Second step is to capture or create mock screen shots of what a user sees in each step of the flow chart. Third step is to perform a patent search, see Patent Search Instructions on How to Perform a Search.

(1) Patent protection for any new software or code may be patentable if the software or code comprises at least one new and non-obvious element or step. Typically the software is broken down into a flow chart or algorithm (a series of steps performed by the software or code) and such flow chart or algorithm is analyzed to determine if a new and non-obvious element or step exists. First step is to diagram the series of steps of your algorithm (via a flow chart) from the view point of the network or a server/database and maintain such view point in the description, see How to Record your Invention. Second step is to capture or create mock screen shots of what a user sees in each step of the flow chart. Third step is to perform a patent search, see Patent Search Instructions on How to Perform a Search.

(1) Patent protection for any new invention, product, and improvement on an existing product, process or service may be patentable if the invention, product, improvement on an existing product or service comprises at least one new and non-obvious element or step. First step is to record your invention, see How to Record your Invention. Second step is to perform a patent search, see Patent Search Instructions on How to Perform a Search.

Suppose your car has a small leak or drip that continues to mark your garage floor or driveway and you can’t seem to locate the source. Recognizing that very problem in my own garage led me to become an inventor and invent DripID®, an absorbent mat you place beneath your car to catch and identify fluid leaks. Or suppose your child asked to have a special birthday party with unique party invitations. This led me to become an inventor and invent SneakerDoodle™, a party invitation and sneaker doodle kit with markers and stencils allowing party attendees to decorate a pair of sneakers as a party keepsake. Such opportunities present themselves throughout your day as problems in search of an inventor with inventive solutions if you are in ‘problem recognition mode.’

Can I Trademark my Name? Can I trademark my name? Yes you can trademark your Name under certain circumstances. If you are using a particular word, graphic, phrase or slogan on a Name, you can trademark it to prevent any other manufacturers from using it without your permission.  For example, the mark “Tim Tebow” is a [...]