| Patent numbers are issued sequentially, beginning with | | | | from Hasbro or Mattel? This is one of the unfortunate |
| the number one. Patent number one was issued to | | | | byproducts of a litigious society, the limits placed on |
| Samuel Hopkins on July 31,1790. It took 75 years for | | | | needed innovations. Protect your intellectual property |
| the United States Patent and Trademark Office | | | | with a Copyright.I recommend to my clients, before |
| (USPTO) to issue patent number 1,000,000. Patent | | | | spending a dime on a patent attorney, that they |
| number 7,000,000 was issued February 14, 2006. It | | | | perform a cursory search at the USPTO.Gov |
| took only seven years for the USPTO to move from | | | | web-site by providing all obvious key words applicable |
| issuance of patent number 6,000,000 to | | | | to their invention. If a number of patented products |
| 7,000,000.What does this mean? Simply, there is more | | | | come up, and they are spot-on their idea, the item |
| creativity now that at any time in history. The old saw | | | | might not be a candidate for a filing. If the field seems |
| that "there is nothing new" is completely wrong. There | | | | open and clean, then I advise hiring the patent attorney |
| has never been so many people and entities creating | | | | to conduct a professional, thorough search. The |
| novel, unique products, technology and services, and so | | | | in-depth search will confirm the potential for |
| driven to commercialize these inventions. More patents | | | | successfully obtaining patent protection.Patents are the |
| and entrepreneurs attempting to market their products | | | | preferred style of protection for most inventors and |
| is indicative that there is more competition for | | | | entrepreneurs. Patents (utility) are very powerful |
| successful placement.It is essential that entrepreneur's | | | | agents of defense against predators, thieves and |
| protect their inventions. This is a form of insurance. To | | | | knock off artists. Not to be a boor, but, again, utilize the |
| attempt to market an invention without covering the | | | | services of a patent attorney. I am always amazed |
| work with the shield of patent, trademark, copyright or | | | | and amused at how many people think they can |
| trade secret protection indicates a frivolous approach | | | | successfully write, provide highly specific 3-D CAD art, |
| that will not succeed. Investors, licensees, and investors | | | | file, handle USPTO objections and move the patent |
| demand the protection that these intellectual property | | | | through the labyrinth of a Federal Government |
| products afford. Even if the entrepreneur is going to | | | | bureaucracy. Go Figure! They waste time and money, |
| self-market the invention, protection is essential in order | | | | and usually negate any opportunity to have a re-filed |
| to fend off competition.A pharmacist in Atlanta, at the | | | | patent successfully obtain a patent number.The |
| beginning of the 20th century, created a formula for | | | | Provisional Patent filing is basically a letter that is placed |
| syrup that he sold at the soda fountain in his | | | | on file with the USPTO. The Provisional filing advises |
| pharmacy. John Pemberton mixed the syrup with soda | | | | the USPTO of the description of the product you are |
| water and sold drinks of the concoction as a wellness | | | | attempting to develop. The letter has a one-year life |
| beverage to cure aches and pains. Mr. Pemberton had | | | | cycle and must be extended with a formal patent filing |
| created Coca-Cola. He never anticipated that Coke | | | | (Utility or Design) or the product is vacated forever.We |
| would become an international comfort product, the | | | | utilize the Provisional Patent as a fully legal way to |
| soft drink. The smartest thing John Pemberton ever | | | | state that a product in early stage development is |
| did, besides inventing Coca-Cola, was to handle the | | | | Patent Pending. This filing is also very inexpensive |
| secret formula for the syrup as a Trade Secret. To | | | | relative to a design or utility patent. A Provisional |
| this day, the Coca-Cola Bottling Company zealously | | | | Patent filing also enables the entrepreneur to have a |
| protects the ingredients and chemistry involved in | | | | one year time window to test and gauge market |
| producing the base syrup that is the essence of | | | | response to the invention. If reaction is positive, then it |
| classic Coca-Cola.Big Boy Restaurants protects the | | | | reinforces the necessity of continuing to devote |
| recipe for the tartar sauce that goes on their | | | | assets to further development of the opportunity.The |
| sandwiches, and that many customers buy by the | | | | Design Patent simply covers art features noted in the |
| bottle and take home. McDonalds doggedly protects | | | | application. This is the weakest form of patent |
| the process their restaurants utilize to cut, cook and | | | | protection. A competitor only needs to change a |
| season their French-fries. William Wrigley was just as | | | | design element, cosmetic feature or add an artisan |
| manic in keeping secret his technique for delivering | | | | variant to overcome a Design Patent. However, for |
| powerfully flavored, long lasting, chewing gum.Trade | | | | products that have real commercial potential, but can |
| Secrets typically are not able to secure patent | | | | not overcome prior, existing product art to obtain a |
| protections. The novelty of the Trade Secret is in the | | | | Utility Patent, the Design Patent offers one potentially |
| blending, chemistry or chronology utilized to deliver the | | | | important benefit: the option to keep a product |
| finished product. If you have such a recipe you will | | | | suspended in ongoing Patent Pending status.We have |
| want to keep this knowledge very near, as it can | | | | done this on a number of occasions. A simple |
| become very dear. If the public knew the formula for | | | | amendment to the initial filing means that a bureaucrat |
| Coca-Cola, quite possibly there would be a lot of | | | | at the USPTO must find the file, pick it up, insert the |
| consumers keen to blend their own drink at home. | | | | amended filing detail and re-log the filing. As a result the |
| Coke would not like that!If your product has the | | | | filing goes to the back of the line and we gain months |
| potential and necessity to become a Trade Secret | | | | more Patent Pending protection.Why go through all of |
| you will want to follow several very basic steps. First, | | | | this? When a product is in Patent pending mode it has |
| write down every event related to the development of | | | | ultimate protection. When a patent number is issued |
| the formula. Keep a logbook with the data, dates and | | | | the clock starts ticking on the effective life of |
| details of your work. As you finalize your development | | | | protection and details of the novelty of the patented |
| work memorialize all of the steps essential to delivering | | | | product become public knowledge. Your product is |
| the finished product you wish to keep secret in a | | | | obviated. It can be amazingly simple for the less than |
| recipe or summary document. Then store in a very | | | | scrupulous knock off artist to engineer around your |
| secure place (a safety deposit box, or safe) all of the | | | | inventions unique features and benefits.By keeping a |
| work product and the recipe or formula.The Trade | | | | product in Patent pending limbo we keep the features |
| Secret gains incredible asset value when your product | | | | shrouded from any public awareness. This often leads |
| becomes a market success. Selling a business built | | | | to a first to market advantage and competition is only |
| around a fully protected Trade Secret exponentially | | | | aware that there is a Patent pending. The added time |
| increases the value of the company. Coca-Cola, Betty | | | | that the product obtains, to build and extend sales |
| Crocker, Duncan Hines, Oil of Olay, Schlitz, Dom | | | | traction, and begin the branding process is exponentially |
| Perignon, Ben and Jerry's and Estee Lauder's Youth | | | | more valuable than the legal fees required to keep |
| Dew are only a few examples of famous brands built | | | | adding elementary addenda to the Design filing. You |
| around a Trade Secret.A Trademark is important in | | | | want to be first to market, and have as much time as |
| developing brand awareness for a product. Use a | | | | possible to stand-alone in a market.The Utility Patent is |
| Patent Attorney when approaching the highly | | | | exceedingly valuable, both as a protective shield |
| specialized area of seeking Trademark protection. I | | | | against competition and as a business asset. The |
| have never seen an entrepreneur successfully | | | | invention that receives a Utility Patent number from the |
| navigate the very complex workings of the USPTO. I | | | | USPTO is potentially of interest to licensees, partners, |
| HAVE seen many attempts to handle the process, all | | | | investors and venture capital. Most patented products |
| resulting in complete failure.The content of a | | | | (Utility), however, never make it to market. We often |
| Trademark can include a customized, identifying icon, | | | | see inventions that are novel, and thus patent possible, |
| stylized brand name and a branding statement. Nike | | | | but not commercial, or needed, or beneficial. We all |
| uses the famous slash (icon) the Company's name | | | | know a mad scientist or two, with endless designs, |
| (recognizable stylized font) and "Just Do It!" (branding | | | | inventions and patents, none of which are ever going |
| statement). Include all of the elements that the public | | | | to be a market success.The Utility Patent protects the |
| will recognize in your Trademark application.Look | | | | novel features and benefits that the application |
| around at local, regional, national and international | | | | describes in great detail. The patent attorney will |
| companies and brands that you see every day. Pat's | | | | narrate the unique aspects of your invention. They will |
| Cheese Steaks in Philadelphia is a local business that | | | | also mention other patents near your space but |
| has gained great fame and brand recognition and | | | | painstakingly note the differences inherent to your |
| protects their brand with a trademark. It is a destination | | | | invention. In addition, a great deal of effort will be |
| for visitors to Philly. Chanel, the French haute couture | | | | devoted to creating 3-D Computer Assisted Design |
| brand, is internationally revered and the classic "C" that | | | | art that portrays your product from every possible |
| adorns every unit of Chanel product is one of the | | | | angle and graphically depicts the uniqueness of your |
| most recognized brand icons in the world. Truly Nolen, | | | | product.Utility Patent filings rarely sail though the |
| the national pest removal service, trademarks the | | | | USPTO without being challenged. A competent patent |
| mouse ears seen on every piece of sales collateral, | | | | attorney often anticipates the weakness in a filing and |
| advertisement and service vehicle the Company | | | | has a sheath of retorts ready to address the |
| uses.Owning a Trademark confers an obligation to | | | | examiners concerns and questions. This re-directs the |
| police and protect the assigned mark. The inclusion of | | | | file back into the bureaucracy at USPTO. I tell my |
| (TM) on every unit of product is essential. Again, | | | | clients that they can expect up to an 18-month wait |
| consult an attorney. Trademarks can inadvertently | | | | before receiving notice of the USPTO decision. |
| become vacated and lost.Copyrights are utilized to | | | | However, on several complex filings, I have seen the |
| protect intellectual property. Movie content, poetry, | | | | process take up to six years.Believe me, it is worth the |
| music, books and plays are copyrighted. We have | | | | work, the wait and the investment if a successful |
| worked with clients on a number of video and board | | | | outcome from the USPTO is achieved. A Utility Patent |
| games. We always copyright the rules and/or the play | | | | conveys gravitas. The invention has stood up to the |
| features of the game.Recently, Dan Brown, the writer | | | | most stringent scrutiny and been accorded the most |
| of the wildly successful book the "The Da Vinci Code", | | | | highly desired verdict: this invention has import.Geoff |
| was suited for plagiarism by the British authors of a | | | | Ficke has been a serial entrepreneur for almost 50 |
| book about the search for the Holy Grail. The search | | | | years. As a small boy, earning his spending money |
| for the Holy Grail is central to the plot of the "The Da | | | | doing odd jobs in the neighborhood, he learned the |
| Vinci Code". There are full library shelves devoted to | | | | value of selling himself, offering service and value for |
| the search for the mystical Holy Grail. And yet, during | | | | money.After putting himself through the University of |
| the run-up to the movie release of "The Da Vinci | | | | Kentucky (B.A. Broadcast Journalism, 1969) and |
| Code" a legal action involving this intellectual property | | | | serving in the United States Marine Corp, Mr. Ficke |
| was commenced. Brown and his publisher vigorously | | | | commenced a career in the cosmetic industry. After |
| defended their rights under their Copyright protection. | | | | rising to National Sales Manager for Vidal Sassoon Hair |
| They won full vindication from the court.Producers of | | | | Care at age 28, he then launched a number of |
| intellectual content properties (movie studios, record | | | | ventures, including Rubigo Cosmetics, Parfums Pierre |
| labels, book publishers) are very hesitant to accept | | | | Wulff Paris, Le Bain Couture and Fashion |
| unsolicited proposals for review. "The Da Vinci Code" | | | | Fragrance.Mr. Ficke and his consulting firm, Duquesa |
| saga is the reason. Legal action is rife in the area of | | | | Marketing, Inc. ( has assisted businesses large and |
| intellectual property. We all remember things that we | | | | small, domestic and international, entrepreneurs, |
| saw, heard or experienced from the distant, but dim | | | | inventors and students in new product development, |
| past. Regurgitating a variation of that experience may | | | | capital formation, licensing, marketing, sales and |
| find its way to the written page. Voila, was this material | | | | business plans and successful implementation of his |
| plagiarized?Mattel and Hasbro will not review ANY | | | | customized strategies. He is a Senior Fellow at the |
| outside toy submissions. Is it not coincidental that there | | | | Page Center for Entrepreneurial Studies, Business |
| has not been a breakthrough toy introduction in years | | | | School, Miami University, Oxford, Ohio. |