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