Trade marks are badges of origin. They distinguish the goods or services of one trader from another and can take many forms; for example words, slogans, logos, shapes, colours and sounds.
Trade Marks are registered for specific goods or services within individual subjects, known as classes. It is possible for others to register identical or similar marks as long as it is in a different, unconnected class. For example Swan rental cars, Swan matches and Swan electricals.
- Available in some countries
- Protection is normally for 10 years
- Device or Machine (not methods)
- Novelty
- Inventive step not required
One good way of getting your idea over to a patent agent is to produce a disclosure document. The disclosure document should include at the most two drawings which explains your idea to the patent agent. Your disclosure document should be on one to two sides side of A4 which includes a brief description of the drawings. At the end of the description it is a good idea to state in one or two sentences what is new about your idea and why your idea is better than similar ideas of the competition (a problem/ solution statement). You may also attach any prior art you have found or inform the Patent Agent of who you think are the main competitors.
Utility Model or a Design Patent are some of the other options available.
Some Patent Jurisdictions have grace periods so you have a grace period from the first date of sale to apply for a patent in some Jurisdictions.
Yes, if the improvement is patentable, that is it is new and inventive. But don’t offer the product for sale before a patent application is filed.
No, but laws other than patent law may apply.
Under Israeli law, the owner of the invention is determined by the employment contract. In absence of a contract, the inventor may be required to inform the employer regarding the invention. Any dispute regarding ownership may be taken up with the patent registrar.
The monopoly conveyed by the patent cannot be enforced until after the patent is granted. However, a patent application will generally deter another from copying in a jurisdiction in which a well drafted patent application is on record.
A first filing can be up to a few thousand dollars. After which a considerable investment is required depending on the process chosen and the number of countries patent protection is sought. Costs include responses to official communications and often annual fees.
Typically by a first and a second filing. A first filing may be in jurisdiction anywhere or may be US provisional application. The first filing has a filing date which is the priority date. A second filing may then be made within 12 months of the first filing date. The second filing requests the priority date under Paris convention. The Second filing may be PCT international application which extends priority another 18 months. The PCT international application then enters a national/regional phase after 30 months from the first filing.
An idea is not an invention. The disclosure in a patent application needs to be sufficiently detailed to allow an another to build the invention.
Protection means that an invention granted in a country cannot be commercially made, used, distributed, imported, or sold by others in the country without the patent owner’s consent for the term of the patent.
A patent is a monopoly granted for a product or process which is technological. A patent cannot be granted for an abstract idea, a natural substance/ natural phenomenon or a computer program (as such).
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OUR COMMITMENT TO SERVE YOU
“We manage patent portfolios of well known companies. We achieve the most appropriate patenting strategy for protection of their inventions. We view our clients as partners and work collaboratively with them to achieve results they can measure.”
Dr. Hanan (Allan) Farber • Reg. US Patent Agent and Patent Attorney (Israel )
ABOUT DR. FARBER
Dr. Farber is a patent attorney registered to practice patent law before the Israel Patent Authority and as a patent agent before the United States Patent and Trademark Office. He obtained his A.B degree in physics from Princeton University and a PhD degree in physics from Brandeis University with expertise in condensed matter physics. He held professional positions in: US Army Materials Research Laboratory, Israeli companies including El-Op, Ophir Optronics, Foxcom Wireless (now Mobile Access), and Optical Access (MRV).
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We’re here to help answer your questions. Filing for a Patent can be complicated, we are on hand to help you determine the patentability of your product or process and identify patentable features at no cost for the initial consultation. looking forward to hearing from you.