Archive for January, 2009

Is there a benefit to using a registered patent attorney to file my patent?

You can always file for a patent on your own, but you run the risk of your application being denied (with no refund from the USPTO) or of your patent not being strong enough that any company wants to buy or license it from you.  The initial costs may be more appealing to you but, keep in mind, there is more than one fee involved in getting a patent and, eventually, you are going to have to spend money trying to sell or license it.  Using a registered patent attorney will decrease the chance that your application will be denied and increase the likelyhood that you will have a substantial patent granted.  A manufacturer sees value in buying or licensing a strong patent.  UPR uses registered patent attorneys for all legal work as well as provides our clients with an added bonus of working with a licensing attorney who will help to market their patents on a contingency only basis.  This means free of charge to you.  UL’s only fee is a 20% commission once your patent is sold or licensed.  You’ll easily spend tens of thousands of dollars more to do it yourself.

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Latest Patent News 1-28-09

Universal Licensing is pleased to announce the addition of a new product development team member, Jim Jinlolitz, who has an impressive resume including overseeing many complete corporate marketing delivery strategies with billion dollar budgets. Jim Jinlolitz has worked with many companies and achieved much success. He is responsible for the PermaLean Health Bar and Shake as seen on QVC and in health stores across the country.

 

Universal Licensing Attorney Michael Freedman and Inventor C. Estepan have a scheduled conference call with a major automotive manufacturer to exchange information in preparation for negotiating a licensing agreement with manufacturer Vallmar.

 

In March of 2008, President and Owner of UPR Pat Ralston met with an extremely interested manufacturer who has shown interest in negotiations with our clients’ products.  Prototyping has been discussed and preparations have been made for marketing one of our client’s products on the television program QVC.  Due to specific confidentiality agreements, no further information can be shared… yet.

  

G. Getz and Universal Licensing Attorney Michael Freedman await a conference call with major manufacturer Baxa Corporation.

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What if I find a product like mine already out there?

Just because there is another patent that turns up in a patent search that is similar to yours, does NOT mean that you cannot get a patent on it.  So many, many people have the misconception that in order to get a patent there has to be nothing else like their idea in all of existence!  Quite the opposite, in fact.  Having a patent means that you or the company or manufacturer to whom you sell or license your patent have the legal right to do commerce with that idea.  Having a strong patent means that your competition is less likely to put out a product that is just like yours;  the better your patent, the more protection you have.  For example, there are over 400 patents on variations of the Frisbee.  When you buy a crescent wrench, how many different ones are there to choose from?  And how many new twists on the toothbrush have you seen in your life?  These all have their own patents.  Finding the legal significant difference between products is the purpose of a patent search, not to prove that it’s never been done, ever.  Improvements on existing ideas make up the bulk of new inventions.   This is why it is extremely important to know what the patenting process entails – we educate our clients on what we do and why.

 

All of our patent searches are done through registered patent attorneys, not through online searches.  The benefit of having a professional do the search is that the professional knows where to look, in which sub categories to search, and what is truly relevant to each case.  Having a list of patents that have been granted on a similar basis serves to HELP your case with the USPTO.  Obtaining patent protection isn’t just filling out some forms and paperwork.  Your case has to be presented to the USPTO to satisfy why they should grant you a patent.  The rejection/resubmission process that patent attorneys are registered to execute is what is known as patent prosecution.  It’s a lot more complicated that filling out a job application.

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To Sell or Not to Sell?

Often I am asked this question, would it be better for me to sell my patent for a lump sum or should I license it?  The first requirement here is that you have something to sell.  Patents give the holder legal ownership and the right to do commerce and prohibit others from making a profit without the owner’s permission.  When deciding, you should really take into consideration two things – your needs and the quality of your product.  Ask yourself these questions:  Does my product have the capability of staying on the market long term?  Is it something that can sell in mass quantity?  Do I want to have residual income or would I rather keep it simple?  Of course, if you sell out early there’s a big chance that the success of your product will outlive your desire to be involved.  In which case, holding on to your patent long term will yield not only a greater return for you, but also security for the future.  Then again, if the offer is big enough, why not take that money and reinvest it in your new ideas?  Very often, once the creative juices have started flowing they’re hard to stop.  There can be great rewards, beyond financial profit, in carrying your ideas through to fruition.

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Client Testimonial

“I’d like to thank you for all of your professional help and courtesy in making the process of getting the provisional patent filed and getting the full patent ready and on it’s way to the lawyers for final preparation to be sent to the USPTO. All of my calls and questions have been handled in a most timely manner. I can not imagine the problems that I would have encountered if I had tried to attempt this process on my own. I am now looking forward to getting my product out to trade shows and watching you guys work on the marketing end of your professions. With the interest that has been generated in this product of my on accord, I have know doubt that things will move swiftly once we are able to start the marketing process. With your expertise in this area I think that the whole experience is going to make all of our heads spin around and fill our bank accounts. Again thanks for getting my product in the patent pending stage in such a timely manner and for your professional courtesy. Please do not hesitate to call me if there is anything else that I can do to help.  Sincerely, John Hodges, Your Friend and soon to be co-millionaire!  P.S. Hurry up Pat, just kidding!” —John Hodges                                       

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Client Testimonial

“Hello: My name is Steve Boney; I invented a device that will be useful in the sport of fishing. I wanted to get it patented; however, I had no idea how to go about doing it. While browsing around on the internet I found the web site for United Patent Research. After making contact with them and their staff explaining the process to me, I hired them to do a patent search and marketability research. The research they did produced a positive response so they have moved forward with getting my invention patented and finding a company to produce and market the product. I have been very pleased with the service I have received from United Patent Research. Their staff has been very polite, helpful, and knowledgeable in answering any questions I have had concerning this process.” — Steve Boney

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Client Testimonial

“We are very happy with the work United Patent Research LTD has done for our family. As a stay at home mother with three little kids it would be nearly impossible to go market my product the way it would need to be in order to achieve our high goals. Every step of the way there is someone to help guide you in the best direction for achieving success. We are entering patent pending status soon and are excited to see what UPR can help us accomplish that other companies cannot. Pat Ralston and his team should be commended for their patience and expertise with all the questions and concerns that are thrown their way with each phone call. Thank you and we are looking forward to what the future holds for us.” — Marianne Bates

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Latest Patent News 1-19-09

Congratulations Inventors for your efforts, time and diligence toward advancing your creative new products!!

 

Inventor J. Lochmueller has received interest from a company, Bob’s Trailer.  Universal Licensing is in discussions and awaiting the CDA signature before formal negotiations begin.  In addition, J. Lochmueller has spoken to the CEO of United Import Trading Company about her product. The CEO has signed Universal Licensing’s confidentiality agreement and negotiations should begin shortly. Another manufacturer out of New York and one in New Zealand, Stork Manufacturing, have both requested her product information for review. Many negotiations are on the table for J. Lochmueller.

 

 

Inventor C. Estepan has received interest from Vallmar Manufacturing. A scheduled conference call on Monday will begin negotiations for a licensing agreement.

 

 

Inventor C. Fruitman has received interest from a professional team and negotiations will begin in the near future.

 

Inventor H. Cole has received interest from a well known company, Kimberly Clark, and has received a confidentiality agreement. Universal Licensing’s attorney Michael Freedman will be in contact for further negotiations.

 

Official Patents have been sent to the following clients:

P. Vranesh – Insect Control

S. Boney – Jug Line Fishing Device

K. Dorris – Klean Deck

J. Hodges – Schnoggles

S. Lett – 120 Volt power Converting Batttery

P. Noday – Pretty Panties

J. Stalter – Thumb Protector

 

 

Informal Provisional Patents have been filed and receipts have been sent to the following client:

M. Farley

K. Marcum

 

Formal Provisional Patents have been filed and receipts have been sent to the following clients:

D. Carrick – Now Wristwatch

D. Guilmette – Quick Stop

S. Alessi – Deli Slicer with Scale

A. Barker – Teething Glove

H. Brooks – Neck Protector

D. Brown – Gamers Gloves

 

A “Notice of Allowance” is issued to an inventor when the United States Patent Office approves and issues a patent. The following clients have been issued a “Notice of Allowance”.  UPR’s patent attorneys will be completing a formally granted patent.

J. Nolan

C. McFadden

L. Mozar

 

Patent Applications have been prepared for the following Inventors to sign and return to UPR for filing:

T. Abduelal

E. Jefferson

P. Johnson

J. Bartley, Sr.

R. Bowman

E. Carmouche II

T. Downs

K. Ihlefeld

C. Quinton

S. Rice

S. Simpson

 

Trademark applications have been sent to the USPTO for:

B. Ethell

 

T.Parker

 

D. Grenier

 

R. Day

 

T. Gerace

 

J. Hall

 

N. Harmon

 

J. Miles

 

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Latest Patent News 1-12-09

We begin with more good news for inventor G. Gertz.  Two companies from California, Amclo and Strong Plastics, have expressed interest and negotiations are underway.  Master Moldes, an Illinois manufacturer, has also shown interest.

 

Informal Provisional Patents have been filed and receipts have been sent to the following client, which means the client now has Patent Pending.

J. Hall

 

Formal Provisional Patents have been filed and receipts have been sent to the following clients, establishing Patent Pending status for both.

S. Alessi

D. Brown

 

A “Notice of Allowance” is issued to an inventor when the United States Patent Office approves and issues a patent.  The following clients have been issued a “Notice of Allowance”.  UPR’s patent attorneys will be completing the formally granted patents.

J. Lochmueller

J. Lehman

 

A Patent Application has been filed for Inventor R. Cross.

 

Trademark applications have been sent to the USPTO for:

M. Norris – Flag Stabilizer

 

D. Strickland – Floss-N-Toss

 

R.Wilson – Webtiles and Webosaurs

 

H. Witherspoon – Spoonball (Agony of Defeat)

 

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Latest Patent News 1-5-09

As United Patent Research begins a new year, our many inventors begin a new endeavor with successes and accomplishments.  New product development reaches to an unprecedented height with today’s technology as does the need for new energy sources, eco-friendly products, and cost effective processes.  United Patent is here to assist inventors with pursuable products and new ideas as well as to provide up-to-date notations on several of our inventors through the United Patent Blog.

 

Inventor T. Osborne has signed the utility patent application; all documents have been forwarded to the patent attorney for filing.  Informal receipt will be received soon.

 

Informal Provisional Patents have been filed and receipts have been sent to the following clients:

 

D. Rowell

K. Thome

P. Visconti

 

Formal Provisional Patents have been filed and receipts have been sent to the following clients:

 

B. James

C. Mickle

L. Stewart

 

A “Notice of Allowance” is issued to an inventor when the United States Patent Office approves and issues a patent. The following clients have been issued a “Notice of Allowance”.  UPR’s patent attorneys will be completing a formally granted patent.

 

D. Gospodarski

T. Parker

C. McFadden

 

Universal Licensing attorney Michael Freedman has received a video from inventor W.  Bryant and licensing discussions have begun.

 

Discussions have also begun with inventor S. Alessi for possible ideas and licensing agreements.

 

S. Boney sent Universal Licensing a prototype and has received a submission form from Shimano Inc. in Japan.  He is also awaiting executed CDA from G. Loomis, Inc. in Virginia.

 

A. Cavalieri received an unacceptable waiver from Masco Corp of Taylor, MI.  

Universal Licensing’s attorney Michael Freedman received executed Confidential Disclosure agreement (CDA) from Adam Gargando  &  G. Drake Pelham of Florida and was provided a password to the database.

 

J. Deherrera has ongoing communications with Johnson & Johnson for her latest product.

 

G. Duncan has received an unacceptable CDA from Proctor & Gamble Connect & Development.  Discussions will continue between UL and Proctor & Gamble to reach a mutually acceptable agreement of confidentiality.

 

G. Getz has signed Baxa, Inc.’s CDA and has provided the company with the database password and a letter giving a detailed explanation of the product.

 

D. Posdarski’s spice product has received correspondence from Baron Spice and is looking forward to discussions and/or negotiations.

 

J. Hawks has provided the database password to Kimberly Clark.  UL is awaiting CDAs from Kraco and Clorox before negotiations can begin.

 

 L. Hackett has provided a prototype and is corresponding with Lancaster Colony Corp.  Their CDA has been requested.

 

J. Hodges has provided CDAs and prototypes, as well as forwarded the database password to American Direct in Fairfield, NJ and Oakley, Inc. in Foothill Ranch, CA.

 

T. Jones continues to correspond with Platex.  Negotiations should begin in the near future.

 

C. Lawrimore’s CDA has been sent to Advanced Sales Technologies, LLC and is awaiting execution.  He is also providing Adventure Flights, Inc. in Lake Elsinore, CA, Victory Display & Store Fixture MRG in Gardena, CA, All-Star Inflatables, Inc. in Garland, TX, and Inflatable 2000 in Azusa, CA with passwords to database so that they may review his product information.

 

G. Lucas’s correspondance has been sent to Signzoo requesting the potential cost for manufacturing the product.  A password for the database has also been provided to Promark Industries, Inc.

 

J. Lochmueller spoke to a Queens City Manufacturer on 12/29/08 and she also emailed correspondence to the owner of the company.  There was a response from Dorel Design and Development, LLC.  UL is currently awaiting executed CDA from Neat-Oh! International, LLC and executed CDA from Pacific Cycle, Inc., Madison, WI.

 

Y. Masliantchouk has executed Brady Medicals Confidentiality and Non Disclosure Agreements as well as provided passwords to York Imperial Plastics and Industrial Custom Products.  Correspondence has been sent.

 

M. Mazza provided the database password to Russ Weinzimmer & Associates.  A response is expected shortly.

 

T. Meyer provided Wincraft, Inc. in Winona, Minnesota with a password to the database and is waiting for a response.

 

J. Moore’s Non-Employee Company Agreement from Leviton Manufacturing Co, Inc. has been executed and mailed directly to them.

 

L. Spignesi has provided pictures of the Scupper and will provide a motion picture at a later date.  Passwords were given to Eastern Metal Supply and Paramount & Hydro Aluminum North American.

 

D. Strickland provided us with copy of package mailed to Gudebrod, Inc. in Pottstown, PA and is waiting for a response.

 

Trademark applications have been sent to the USPTO for:

 

N. Harmon – Putter’s Helper

 

R. Day – The New Refrigeration Trailer

 

B. Ethell- Memories

 

T. Gerace- T.G.F. Valve Stem-Cap and Core Remover and Installer

 

S. Lett- 120 Volt Power Converting Battery

 

L. Milan- Baby’s Life Saver

 

J. Miles- 3 Post-Op Shower Covers

 

T. Parker- Complete Coverage Maxi-Pad

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