CATIA stands for Computer Aided Three-dimensional Interactive Application. Written in the C++ programming language, it is the most powerful and widely used CAD (Computer Aided Design) / CAM / CAE software of its kind developed by the French company “Dassault Systemès CATIA V6”. With the intention to leverage the capacity of innovation for companies of all sizes, at GID Company, we utilize the latest version of CATIA V6 software to offer cornerstone product design services.
Currently, we utilize CATIA V6 to extract maximum productivity out of this one-of-a-kind software. This product development company apply capabilities of this software to deliver the most suitable designing solutions for a variety of industries such as automotive, electrical, aerospace, plant design, shipbuilding, electronics, and consumer goods.
Compared to its predecessor, “CATIA V5” and other ordinary CAD / CAM software offered in the market, CATIA V6 is released with a set of several new features that enables companies to constantly design “Best in World” products within a myriad of financial, time, regulatory, and geographic constraints.
Originally, CATIA V6 software was designed with the intention to boost the development of Dassault’s Mirage fighter jet. However, it was highly acclaimed by different industries and was subsequently adopted by various well-known brands, such as IBM and Boeing.
Different industries such as aerospace, automobile and many others cannot imagine a day without CATIA V6 software. It is used for automobile and aircraft product and tooling design. Today, CATIA V5 and CATIA V6 are propelling the success of thousands of companies across the globe, including Appliances, Construction, Aerospace, Architecture, Consumer Goods, Medical, Electronics, Machinery, Shipbuilding and to name a few.
With no surprise, NASA uses even CATIA V6 software, as the latter played an important role in NASA’s Design of the Space Shuttle. The military, working collectively with private industry, uses CATIA V6 to design jet fighter aircraft, aircraft carriers, helicopters, tanks and various other forms of weaponry. With the arrival of the latest and the most powerful breed of CATIA V6 software “CATIA V6”; CATIA V6 has firmly rooted its position and is now hard to conquest.
CATIA V6 software also includes specialized design software for industries such as sheet metal, wiring, and composite materials for aircraft. It includes four different products for designing conduits, electrical raceways, and wave-guides. When it comes to car design, CATIA V6 has a dedicated application so-called class A surfaces that permits designers to start with points digitized from clay models (mockups) and develop smooth mathematical surfaces for manufacturing of tools and inspection of finished parts.
CATIA V6 is Dassault Systèmes vision or roadmap for PLM vision and a global platform for PLM. Leveraging revolutionary productivity design solutions for different industries, companies of different sizes can use the advanced collaborative virtual design of CATIA V6. With shape design, system engineering, mechanical and equipment engineering, and the product development company knowledge use, CATIA V6’s one-of-the-kind combination of integration of a digital and functional model delivers a new kind of experience. The product can be accessed at a functional, logical, or physical level, or at any combination. With this Digital Product Experience, the four communities of uses (designers, engineers, product / system architects, and system engineers) can take complete advantage of the 3D experience.
At GID, we are addicted to perfection, and the same thing applies to the solutions that we offer to our valued clients. Nothing satisfies us other than perfection, and hence, as a result of our zeal towards perfection; we have upgraded ourselves from CATIA V5 to CATIA V6.
Our clients frequently ask us, “How we design aesthetically pleasing and functionally superior products in less time?” We unfold the secret naming it as CATIA V6.
CATIA V6 is the most advanced industrial product design software that allows the GID – Product Development Company to stretch the limit and go far beyond traditional product designing solutions. Moreover, CATIA V6 offers a one–of–a–kind digital product experience that brings 3D product design to life with unparalleled realism.
A Confidentiality or Non-Disclosure Agreements (CDA or NDA) are one of the finest ways to protect your new product concepts and other trade secrets. When two or more businesses sign NDA forms, they legally commit to keep valuable confidential information under wraps. Non-Disclosure Agreements ensure that business secrets stay secret. It allows a company to discuss its proprietary or confidential information, including unpublished research results or data, with another company that is interested in receiving the information.
Non-Disclosure Agreements also referred to as Confidentiality Agreement Forms are signed to regulate the use of highly confidential information, especially trade secrets and key commercial data. They are necessary because they bind the receiving party to keep the information confidential and not to convey it to other parties. If you don’t sign an agreement, the recipient of the disclosed information could distribute or use proprietary information for personal or any other purpose, or the discussion would be considered public disclosure and could impact the patentability.
In some cases, when a company requires access to a sample of your technology for testing, a Material Transfer Agreement (MTA) comes into the play. A Material Transfer Agreement includes appropriate provisions to protect associated rights. Therefore, the ultimate point to remember is, always have a confidentiality agreement signed before any thorough discussions take place.
It almost all cases, the patent application is rejected. Our product development company is informed of this via an “Office Action”. This first office action may take 18 months or more to receive. The patent attorney responds in writing to the examiner explaining why the subject matter is patentable. The patent attorney may also make amendments to the claims to address the grounds for rejection. The patent examiner may again reject all claims, or allow some. The office actions continue until the USPTO sends a “final rejection”. It is not unusual that this process can take 5 or more years. The actual process of any product development company is often more complex.
Costs – Patent searchers typically cost between about $500 and $1200 for the US only, depending upon the nature of the art to which the invention pertains, its complexity, and who is doing the search. As a result of legislation that became effective on December 8, 2004, the fee structure at the Patent Office changed. The filing fee to the Patent Office for an individual inventor or a small company that qualifies for small entity status (i.e., companies with fewer than 500 employees) is now $150.00. For those who are familiar with the fee structure prior to December 8, 2004, you will remember that the filing fee for small entities was formerly $395.00. It would, however, be a mistake to believe that the Patent Office has decreased its fees in such a significant way. The Patent Office has always like to charge à la carte fees, and now they have taken that tendency to new heights. In addition to the basic filing fee, the patent fee legislation enacted on December 8, 2004, requires payment of a Search Fee ($250 for small entities) and an Examination Fee ($100 for small entities). Therefore, the total fee due to the Patent Office for a small entity to successfully launch a non-provisional utility patent application is $500.00. It is also important to realize that this initial fee covers 3 independent claims and 17 dependent claims. If you have more claims it costs more.
In addition to the various filling fees, there will also be an issue fee due before any patent will be granted by the Patent Office. The current issue fee for a small entity is $700.00. So even without any attorney fees, the absolute lowest you could pay for a single patent is $1,200.00. In reality, what happens is that during prosecution, many times the examiner will allow some claims but not all claims. If that happens, you may decide to let the allowed claims issue, at which point the issue fee would become due. Then you may decide to continue fighting over the rejected claims in hopes of getting some of them through the office. That would require another patent application, which would lead to additional filing fees. You can, of course, always decide to drop the rejected claims and incur no additional fees with respect to them, or you could also decide to appeal, which means additional attorney time preparing the appeal, which also carries fees of between $500.00 and $1,000.00 for a small entity. The lesson here is that fees can add up quickly. It is true, however, that once you file an application it will likely be many months (or perhaps years) before the patent office will get back to you, so you can usually stagger these additional fees.
Another cost associated with filing and/or issuance is the preparation of formal drawings. You will either need to be able to create patent drawings that are acceptable to the Patent Office or hire someone who can. Informal drawings are allowed to start, but formal drawings must be made before the patent can issue. Filing formal patent drawings initially, however, does create a broader initial disclosure, which can be most helpful. If you need to obtain professional patent drawings for something relatively simple, may only cost in the range of $100 to $125 per drawing sheet, with each drawing sheet typically containing several figures per sheet. Given the complexity of the drawing rules and the comparatively small charge for professional drawings, it is usually better to hire someone who specializes in patent drawings.
The first phase of the patenting process is a detailed review of the design, including a description of the features of the design and any information concerning similar products of which the inventor and those involved are aware. The Appendix includes a “Checklist for Invention Disclosure” which describes some of the background information that should be reviewed. Drawings and prototypes are helpful. Any facts relating to the items described in 35 USC 102 and 35 USC 103 (See copy in Appendix) should be reviewed and a decision made as to whether any bars to patent protection exist. For example: Has the invention been in public use or on sale in the U. S. more than one (1) year before filing the patent application? (See “Invention Status Checklist” in Appendix).
The second phase includes conducting a preliminary patentability search. While a search is not necessary to file for patent protection, it is helpful in determining whether a patent application should be filed and the drafting of claims in the application. To conduct such a search, the following steps should be taken:
No assurance can be given that the concept is patentable or that all of the pertinent references will be uncovered by a preliminary patentability search.
Upon completion of the patentability search, the inventor will be forwarded copies of the references for his review. A meeting will then be arranged to discuss the patentability of the concept. A decision may be made as to whether or not to proceed with the filing of a patent application. Some of the factors that enter into this decision are:
The U. S. Patent and Trademark Office may find other prior art that is more pertinent than that discovered in the preliminary novelty search. It should be clearly understood that the preliminary search is not conclusive as to the patentability of the subject matter and is not directed to the question of infringement of other patents. Moreover, the ultimate patentability of the concept may be decided by a court of law.
After a decision is made to seek a patent, the patent attorney will prepare a patent application. From time to time during the preparation of the patent application, particular aspects of the invention may be discussed by the patent attorney and the inventor.
The patent application includes a written description of the invention (specification), defining the best mode of the invention. Drawings of the invention are included and are described in the specification. The drawings must meet certain rules of the USPTO and are generally prepared by a patent draftsman. The patent application includes claims that define the metes and bounds of what the invention covers. The language of the claims is important in defining the breath of the patent. Other documents that may be filed with the application are an Information Disclosure Statement, Assignment of the Patent Application, and Small Entity Status Documentation to minimize government fees.
The U. S. Patent and Trademark Office requires that applicants for a U. S. Patent application make a full and complete disclosure in good faith and with all candor to the Patent Office of any known art including patents, publications or other information considered pertinent by the person filing the statement. This disclosure requirement is more fully described in the “Duty of Disclosure, Candor, and Good Faith”. (See copy in Appendix).
It must be understood that changes in the concept, after the drafting of the patent application is commenced, may require modification of the claims and specification. After execution of the patent application by the inventor, the patent application will be filed with the U. S. Patent and Trademark Office.
Once the patent application is filed, the application is “prosecuted” before the U. S. Patent and Trademark Office. This process occurs between the applicant’s attorney and the U. S. Patent and Trademark Office. The United States Patent Office will inform the applicant’s attorney of its position with respect to the patentability of the concept in the form of an Office Action, after filing the patent application [approximately nine to eighteen (9 – 18) months depending on their case load]. This Office Action may and probably will cite patents or other prior art in addition to that uncovered in the preliminary patentability search.
Prior to Art Rejections, and In formalities in the Application. In response to the Office Action by the USPTO, an Amendment to the patent application by the Applicant may be filed. In that Amendment, the Applicant may make remarks directed to the arguments for patentability and may revise the specification and claims if necessary. No new matter may be added by the Amendment. Additional Office Actions by the United States Patent and Trademark Office and Amendments by Applicant may occur. As a result of the “prosecution” before the U. S. Patent and Trademark Office, the Patent Office may or may not allow a patent application to pass to issue and become a patent. If the Patent Office does not allow the patent application, other steps may be taken to obtain a patent.
While the patent application is pending, the marking “Patent Pending” or “Pat. Pend.” may be used. These phrases have no legal effect, but only give information that an application for patent has been filed in the U. S. Patent and Trademark Office. The protection afforded by a patent does not start until the actual grant of the patent. False use of these phrases or their equivalent is prohibited.
To recover damages from an infringer, a patentee must give notice of the patent to the infringer. Notice may be given by marking the patentee’s products or by letter to the infringer. Damages begin only when notice is given. There are two exceptions to the general rule. Notice need not be given under method claims, or if neither the patentee nor any licensee is manufacturing under the patent.
Since the rights granted by a United States patent extend throughout the territory of the United States and have no effect in a foreign country, an inventor who wants foreign patent protection must apply for a patent in each of the foreign countries he wants protection in or in a regional patent office. Almost every country has its own patent law.
The laws of foreign countries differ in various respects from the patent law in the United States. In most industrialized foreign countries, publication or disclosure of the invention before the date of the U. S. application will bar the right to a patent.
A patent is personal property and may be sold to others or licensed or mortgaged; it may be bequeathed by a will, and it may pass to the heirs of a deceased patentee. The patent law provides for the transfer or sale of a patent, or of an application for patent, by a written instrument. Such an instrument is referred to as an assignment and may transfer the entire interest in the patent.
The statute also provides for the assignment of a part interest, for example, a half interest, or a fourth interest, etc., in a patent. There may also be a grant which conveys the same character of interest as an assignment but only for a particular specified part of the United States.
Infringement of a patent consists in the unauthorized making, using, or selling of the patented invention within the territory of the United States, during the term of the patent. If a patent is infringed, the patentee may sue for relief in the appropriate Federal court. The patentee may ask the court for an injunction to prevent the continuation of the infringement, and may also ask the court to award for damages because of the infringement. In such an infringement suit, the defendant may raise the question of the validity of the patent, which is then decided by the court. The defendant may allege that what is being done does not constitute infringement. Infringement is determined primarily by the language of the claims of the patent. There is infringement only if any claim fully describes the whole or any part of the infringing product or method. Suits for infringement of patents follow the rules of procedure of the Federal Courts. From the decision of a district court, there is an appeal to the Court of Appeals for the Federal Circuit. The Supreme Court may thereafter take the case by writ of certiorari. If the United States Government infringes a patent, the patentee has a remedy for damages in the United States Claims Court. The Government may use any patented invention without the permission of the patentee, but the patentee is entitled to obtain compensation for the use by the Government.
Paper work – DOCUMENTING THE DEVELOPMENT OF A new idea and its product development should be fully documented. While not required to obtain a patent, documentation is sometimes needed to obtain or enforce the patent. For example, if there is a question of inventorship, records are needed to establish the true and lawful inventor. The following comments are intended to assist the inventor in making a record of the development of his idea.
Beginning with the conception of an idea, a daily record of all events relative to the development and refining of the idea should be made at the time each event occurs. Each entry in the record should be made concurrently with the event, signed by the inventor, and by at least one witness who understands the event. The following are specific suggestions as to how those records might be kept:
The following points summarize established procedures for maximizing the value of notebooks in interparty patent disputes.
Notebook entries must be sufficiently clear, concise, and complete to enable anyone skilled in the art to understand and repeat the experiment performed or work accomplished. The entries should include the observations, calculations, diagrams, plans, sketches, concentrations and proportions of reagents, reaction conditions, apparatus employed. They should briefly summarize the advancements made each particular day. They should also record the structure or chemical used, describe the work in detail, and conclude with a statement of the significance of the work recorded. Most important, they should clearly describe any unusual or unexpected results. For the purpose of clarity, each daily entry should state specifically the subject matter under investigation, e.g. Plastic Composition for a Bicycle Pedal, project number (if any), date, and reference to the last previous entry on the subject.
Each person who maintains a record book should sign and date his entries at the end of each work day. If the invention was conceived at a date prior to the first notebook entry, the inventor should state the date of conception and give a complete description of the idea in the first entry. Under no circumstances should he back-date the record to create the impression that the entry was made at an earlier time. In case of important entries, the notebook signatures should be notarized.
When a meaningful development is made, the entry should be initialed or countersigned by at least one and preferably two corroborating witness, i.e., someone who observed the recorded experiment or test and who is not an inventor. If no meaningful developments are made during any particular week, the notebook entries for that week should be witnessed by at least two persons not directly involved in the work performed. The signing of notebook entries by corroborating witnesses is particularly important in the case of a successful test of the invention. The corroborating witnesses’ signatures and observations are important, since the inventor’s records and signature are more credible if corroborated.
The witnesses should satisfy themselves that there are no blank spaces on the pages witnessed, that all tables and data are complete, and that the entry witnessed is a full and faithful record of the work observed. Corrections and interlineations on the witnessed page should be initialed and dated by the inventor and witnesses. If corrections or interlineations are made after the notebook has been witnessed, they should be signed and dated both by the entrant and the witnesses to the original entry. A witness must fully understand the subject matter observed before he signs and dates the entry. To ensure that the corroborating witness’ testimony will be adequate to prove reduction to practice, important experiments should be repeated by a non inventor. This procedure provides corroboration of the inventor’s reduction to practice.
Categoric statements concerning the worthlessness or lack of utility of the product or process described should be avoided. Such comments as “n.g.” can prove embarrassing at a latter date as evidence of failure or of the inventor’s lack of appreciation of the work performed. The notebook entry should be a precise factual statement of what was done, the results observed, and details of the structure involved. Reference to detailed drawings may be used for this purpose.
Ink entries are preferable to pencil entries because they are more permanent and less suspect from the standpoint of tampering.
Under no circumstances should an entry be erased or a page removed. Corrections should be made by crossing out the entry with a single line, and all crossed out entries should remain legible. Any changes in an entry should be initialed and dated by the entrant and witnesses.
Charts, standardized data sheets and the like may be made part of the notebook by permanent attachment. Alternatively, this data may be completely copied into the notebook. Copied data, however, should be accompanied by a specific reference to the original record and the original record should be filed for future reference. For greatest safety, the original record should also be dated, signed and witnessed. It is often impractical to attach analytical sheets, special charts, and the like permanently to the record book or to copy them completely. In these cases, the written material should be signed, dated, and witnessed and the essential information transcribed into the notebook with a cross-reference in the notebook to the original material. The loose reference material should then be collected, indexed, and filed in a readily accessible location.
Pages which are not used or not completely filled in, for one reason or another, should have a line drawn through the unused page or portion thereof. This procedure avoids embarrassment at a later date when, in litigation, it might be argued that a researcher could have made an entry on an earlier blank page.
When not in use, notebooks should be stored in locked files. When notebooks are completed or a particular notebook has been terminated for any reason, an entry should be made indicating the date of termination.
Distinct from recording work actually performed is the entry into the notebook of new ideas, i.e., inventive concepts. When recorded in the record book, the basic inventive concept should be stated broadly. The entrant should then elaborate on specific details, preferred conditions, and equivalents, stating specific examples then contemplated. If new ideas are also described in a memorandum, the record book should refer to the memorandum. If a concept appears useful, it should be duly recorded, even if the entrant does not consider it patentable.
The foregoing points cover the procedure for protecting patentable inventions through proper maintenance of a record book. The overriding requirements are completeness, accuracy, and permanency of the notebook, and adequate corroboration, all to be expected in any well-ordered research. Drawings – The patent applicant is required to furnish at least one drawing of the invention whenever the nature of the case requires a drawing to understand the invention, which in my experience is almost always. You should also not think in terms of a single drawing, but rather in terms of however many drawings are necessary in order to demonstrate what you have invented. Most patent applications have at least several sheets of drawings, with each sheet routinely having multiple views of the invention. You may need to show various views (top, bottom, right, left, etc.) and you may need to break down the invention and show drawings of one or more of the component parts.
The drawings must show every feature of the invention specified in the claims, and it is required by Patent Office rules to be in a particular form. The Office specifies the size of the sheet on which the drawing is made, the type of paper, the margins, and many other hyper-technical details relating to the making of the drawings. The reason for specifying the standards in detail is that the drawings are printed and published in a uniform style when the patent issues, and the drawings must also be such that they can be readily understood by persons using the patent descriptions.
At the application stage there is no need to provide a drawing that formally meets all the requirements set forth in the patent laws, but many of the less technical requirements do apply as of the time of filing. Nevertheless, there are significant benefits to submitting professional patent illustrations at the time of filing. Indeed, it is my opinion that the better view is that formal, professional drawings are essential in any application. Remember, the primary benefit of filing an application is to capture a filing date that can be used to demonstrate priority of invention. In order to capture the full benefit of a filing date, a patent application needs to completely cover the invention and all permutations as of the time the application is filed. The United States Court of Appeals for the Federal Circuit, the chief patent law court in the United States, has frequently consulted drawings in order to determine what one of skill in the art would have considered disclosed at the time the application was filed. Detailed drawings are indeed worth one thousand words, if not more. This is true because if you accidentally leave something out of the written disclosure, the drawings you submit may save you in the long run, provided of course they are detailed enough to convey nuanced information about your invention. So, the best way to broaden the scope of any application is to file the application with multiple, detailed and professional drawings. The benefit received from professional drawings is well worth the investment.
There are many rules and regulations with respect to patent drawings. This is, in fact, the way virtually all patent attorneys and patent agents treat drawings, which is why we turn to professional patent illustrators to do drawings for us. The benefit of hiring someone is that these folks specialize in patent drawings, they know all of the little picky details, and the drawings they make will be accepted by the Patent Office the first time around.
You will probably be surprised at how affordable it is to hire a professional. Typical charges can run around $100 per drawing sheet, which is very reasonable in light of the importance of drawings and the peace of mind associated with knowing it has been done right. Of course, the overall fee will depend on the number of drawings requested and/or required, as well as the complexity of the drawings.
The homework and the process of preparing an application for patent and the conducting of the reports in the USPTO (the United States Patent and Trademark Office) is a complicated job and claims in-depth knowledge and understanding of patent law and rules and office practice and procedures. Moreover, it also requires proper knowledge to effectively handle scientific or technical issues involved in the particular invention.
Inventors may draft applications on their own, and file them in the USPTO and proceed with the matter by themselves. They, however, may get into a considerable difficulty if they are not familiar with any of these matters or procedures. Even a person neither skilled nor experienced in the respective field can obtain a patent; however, in this case, there would be no guarantee that the patent acquired would sufficiently protect the particular invention.
To ensure success and to dodge all the complications involved in obtaining a patent, most inventors, nowadays, prefer to hire the services of licensed and authorized patent agents or patent attorneys. The law provides the USPTO the authority to frame rules and regulations governing conduct and the recognition of patent agents and patent attorneys to practice before the USPTO. Only the USPTO registered individuals are allowed to represent inventors before the USPTO. The USPTO maintains a complete list of authorized and licensed patent attorney and agents.
To be the part of the USPTO registered patent attorney and agents, an individual must already obey the regulations summarized by the Office, which need evidence that the person is of good reputation and of good ethical character, and he/she has the legal and adequate understanding of scientific and technical matters involved in the invention. The passing of an examination by the USPTO will test the level of your scientific and technical knowledge. Only those having a college degree in engineering or physical science or the equivalent of such a degree are allowed for examination.
The USPTO registers attorneys at law as well as persons who are not attorneys at law. The attorneys at law are now referred to as “patent attorneys”. The persons who are not attorneys at law are called “patent agents.” Both attorneys and agents are allowed to prepare an application for a patent and handle the examination in the USPTO. Patent agents, nevertheless, cannot proceed with patent litigation in the courts or perform various services that the local jurisdiction deems as practicing law. For instance, a patent agent could not draft a contract concerning to a patent, such as a license or an assignment, if the state in which he or she resides deems drafting contracts as practicing law.
There are some organizations and individuals who are not registered to the USPTO but still promote their services in the areas of patent searching, invention marketing and development. Such organizations and individuals are legally not allowed to represent inventors before the USPTO. If you find any such organization or individual, then you can lodge your complaint and responses at USPTO’s official public forum. The USPTO cannot advise any attorney or agent, or assist in the selection of an attorney or agent, by stating, in response to an inquest that a particular patent attorney, agent, or firm is, “capable” or “reliable”. The directory of registered patent attorneys and agents that USPTO maintains.
The telephone directories of most large cities have, in the classified section, a heading for patent attorneys under which those in that area are listed. Many large cities have associations of patent attorneys. In employing a patent attorney or agent, the inventor executes a power of attorney which is filed in the USPTO and made of record in the application file. When a registered attorney or agent has been appointed, the Office does not communicate with the inventor directly but conducts the correspondence with the attorney or agent since he/she is acting for the inventor thereafter although the inventor is free to contact the USPTO concerning the status of his/her application. The inventor may remove the attorney or agent by revoking the power of attorney.
The USPTO has the power to disbar, or suspend from practicing before it, persons guilty of gross misconduct, etc., but this can only be done after a full hearing with the presentation of clear and convincing evidence concerning the misconduct. The USPTO will receive and, in appropriate cases, act upon complaints against attorneys and agents. The fees charged to inventors by patent attorneys and agents for their professional services are not subject to regulation by the USPTO. Definite evidence of overcharging may afford basis for USPTO action, but the Office rarely intervenes in disputes concerning fees.
Benefits as opposed to doing it yourself – WRITING YOUR OWN PATENT
It is often hard for novices to understand what is being claimed in an existing patent. It is even harder to understand what needs to be claimed when writing a patent. It’s only recommended that you write your own patent if you are thoroughly familiar with the process.
Use the steps in Chapter 17 to work through the invention and patenting process. When you get to writing the patent, the most complicated part will be crafting the claims. The difficult thing in a patent is to reduce an idea into tangible words. The claims at the end of a patent form a logical legal definition of the idea. These claims are almost like a sexless family tree where there is a type of grand person claim who had children claims who in turn had other children claims. These claims can also be related to each other like relatives such as uncles, aunts and cousins.
For many inventors, doing the patent drawings poses a formidable challenge. There are certain drawing standards that the patent office has which can be obtained from their website. Though it is not required, most patents have many isometric drawings. This is type of 3 dimensional projection drawings that makes it easier to visualize the parts real shape. Unfortunately, this type of drawing is hard for many inventors to do. Modern solid modeling computer programs can easily create these type of drawings. Development consultants in mechanical fields often have this type of computer program. Patent attorneys use services of draftsmen that are familiar with doing patent drawings.
There is no legal reason for patents to be hard to understand. Plain language can be used. Many Patent attorneys are however used to a tradition of legalese. Often the more familiar a patent attorney is with the subject of the patent, the clearer will be the patent.
Patent attorneys often find it difficult to fully understand a complex invention. It may not be exactly their field of expertise. They feel compelled to keep their fees reasonable, and so only have about 40 hours at most to complete an entire patent application.
It is up to the inventor to properly disclose the invention to the patent attorney as well as check whether the patent wording sounds reasonable. On one patent, I made suggestions for five rewrites and in the last rewrite spent a whole afternoon with the patent attorney, going over paragraph after paragraph of wording and making major changes. Patent attorneys are not usually very happy when this happens. If they quote on the patent application, their fee structure simply doesn’t cover major changes such as this. There is however no point in filing an imperfect patent. If you need to make changes, try and limit the corrections to essentials and not just what sounds best to you. Be professional and use your time with them in an efficient manner. Otherwise you could have a pretty cranky patent attorney on your hands.
Costs– It is legal to write up and apply for your own patent in certain cases. For example, Canadian’s or American’s can write up and apply for a US patent. The cost of the patent will be as little as the fees in the country that is being applied in which are far less that the total fees if making an application through a patent attorney.
When a patent attorney is used, the fees are considerably higher. Count on paying a minimum of US$8000 plus about US$1500 for the patent search. The fees paid to the attorney often include the drawings that need to be done.
Attorneys Fees Explained; With respect to attorneys fees, these are going to vary quite significantly depending upon the geographical market and the attorney’s level of experience. Based on 2001 economic data, the national average is about $252.00 per hour, the national median is $240.00 per hour, the 25th percentile is $198.00 per hour and the 75th percentile is $300.00 per hour. Cities like Boston and New York tend to be the most expensive (add about $75.00 to each number), with California close behind (add about $50.00) to each number. Texas, Chicago and Washington, D.C., also tend to be more expensive than most other parts of the country, but not as significantly so when compared to Boston, New York and California. Since 2001, the national average has largely remained in the $250 to $275 per hour range, however, in major cities the per hour average continues to be at a premium. If you are going to simply hire a patent attorney to do everything for you I would seriously consider hiring a patent attorney who is located in a non-traditional patent market. For example, Florida is not known as a patent market, but there are a number of patent attorneys there. The cost of doing business for an attorney in Florida is typically much less than for attorney’s in New York City, so you may be able to afford to have a partner with many years of experience work on your invention for less than you would have to pay an associate with little or no experience at a New York City law firm.
With respect to the estimate of how many attorney hours it would take is difficult without a good deal of information about the invention and/or what if any other, similar inventions are in the prior art. Here is an idea of what you might expect.
The first step in the process is usually undertaking a patent search to determine whether moving forward make sense. While you can and should do your own patent search, at some point in the process you will likely want to obtain a professional patent search itself usually runs from $300 to $600, with the price depending upon how detailed you want the search. If both a US and an international patent search is desired the cost does go up. It is important to understand that the cost of the patent search is a fixed, non-negotiable cost in many cases because the patent attorney will routinely outsource the search to firms who specialize only in finding prior art, much like is commonly the case in real estate transactions where attorneys hire title search companies who provide the information necessary for the attorney to review.
Upon receiving the patent search the patent attorney will review the search and issue a patentability opinion (either verbal or in writing, depending upon your preference and other considerations). The price of the patentability opinion can range quite a bit depending upon the complexity of the prior art found, as well as the volume of prior art found. Additionally, a patentability opinion can and frequently is influenced by the complexity of the inventors inventions itself. The low range ballpark figure for a patentability opinion would be $1,000.00. Again, it is important to remember that the complexity of the field of invention and number of related patents greatly affects the likely expenditure. If all you are looking for is an attorney who will answer your questions about a search and not actually provide a patentability opinion you should expect to spend about $150 to $250.
After the search and the patentability opinion or consultation it is up to you the inventor to give the green light to the patent attorney. These days it would be very rare for a review to result in an opinion that nothing could be patented. There is likely something that can always be protected. The question you will likely have to address is whether the likely protection that can be achieved is worth the expense of filing a patent application.
If you give the green light then the patent attorney will start working on the application. It is very difficult if not impossible to give a ballpark estimate without knowing a good bit about the invention and how complex the invention is. Nevertheless, below is some rough guidance regarding what you can expect to pay in attorneys fees through filing an application. The examples are intended to be illustrative of the level of complexity, not to suggest that they would be patentable.
Type of Invention
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Examples
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Cost
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---|---|---|
Relatively Simple
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electric switch; coat hanger; paper clip; diapers; earmuffs; ice cube tray
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$4,000 to $6,500
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Minimal Complexity
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board game; umbrella; retractable dog leash; belt clip for cell phone; toothbrush; flashlight
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$6,500 to $9,000
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Moderately Complex
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power hand tool; lawn mower; camera; cell phone; simple business method; microwave oven
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$9,000 to $12,000
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Intermediate Complexity
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ride on lawn mower; video game; simple RFID devices; solar concentrator;
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$12,000 to $16,000
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Intermediate Complexity
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shock absorbing prosthetic device; internet implemented business method with computer system
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$16,000 to $25,000
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Highly Complex
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MRI scanner; PCR; telecommunication networking systems
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$25,000 +
|
These are just ballpark figures, and attorneys fees through filing can certainly go well above $25,00 depending on complexity of invention and/or the need for and ability to acquire broad patent protection. A lot will also depend upon what it is that you want to do with the patent, whether there are realistic market opportunities, etc. In the event there are realistic market opportunities, you may spend more even on something that is simple to make sure that you have covered the invention enough to have a strong resulting patent. By way of example, you could probably find an attorney to write a patent for a business method or computer software for quite cheap (maybe $5,000 to $10,000), but a cheap computer related patent would not be nearly as strong as a patent application costing $25,000 or more. The devil is always in the details. Getting a stronger patent requires more claims and more attention to providing an adequate disclosure and describing as many alternatives, options and variations as possible.
This, of course, requires greater attorney time and higher filing fees, which in turn requires more time spent working with the patent examiner to get the patent issued. If you decide to go it alone and file your own patent application without an attorney you need to have your eyes open and understand the risks involved. The original patent application filed is critically important. It must be complete.
Some mistakes can be corrected later on as you work with the patent examiner, but you absolutely will not be able to add new information to the original filing. Therefore, the original filing is the most important step in the invention/patent process. The mistake that most inventors make is to narrowly describe and claim exactly what they have invented and nothing else. What you have actually invented and are making must be included in the patent, but you will almost always be entitled to far broader scope than you could possibly imagine. For example, if you were to need to affix to piece of metal together, and in the original filing you mentioned only connecting these metal pieces by using rivets, your patent would not include and could not be amended later to include other methods of affixing pieces of metal, such as through nuts and bolts, welding or glue, just to name a few. This example illustrates how important it is to know the intricacies of patent law and patent claim drafting, which is why companies and experienced inventors hire patent attorneys rather than going it alone.
As you can see from the above discussion, it is also important to keep in mind that Patent Office fees can and do add up in a hurry. Therefore, while one says they want to save money by doing it themselves it is important to realize that a large percentage of the investment must still be made in the form of fees to the Patent Office. What you cut out is the attorney fees, but you also cut out the attorney expertise and run a high risk of still spending a good bit of money only to find that you are left with an unnecessarily narrow and perhaps useless patent.
Additional things to know and remember regarding the cost of obtaining a patent include (these assume you are a small entity, which means an individual or business with 500 or fewer employees):
Product Fulfillment, also known as order fulfillment or product fulfillment, is the process where by a person or company fulfills their obligations to send a person an item or product that the person has ordered, purchased, or requested from the organization.
Fulfillment typically will refer to the services provided by a company that offers to store, receive the orders, package, and then ship the ordered item to the end consumer.
Work with a fulfillment services company that takes care of your inventory as well as your budget.
If you are seeking a 3rd party company for warehousing, assembly and fulfillment services, come and see the difference. In short, we are great at what we do, we are proactive in our approach, we help our clients succeed by staying within budget, and we take great care of our clients’ inventories. In fact, we are the only warehousing and fulfillment services company that offers On Guard Inventory Protection™, a safeguard for total inventory management and product fulfillment precision.
Advanced operating systems, refined processes and controlled overheads all help to keep expenses within budget and inventory safely protected from losses and damages. Our technology systems, programming resources and user-friendly tools allow businesses to manage product fulfillment operations from their desktops with outstanding results.
Solutions offered for both Business-to-Business (B-2-B) and Business-to-Consumer (B-2-C) clients, including Pick and Pack, Product Fulfillment and Distribution, Pack-out / Assembly, Order Management, Inventory Management, Logistics and Returns Processing services. Our Fulfillment Services Include B-2-B and B-2-C Pick-Pack-Ship services within a variety of industries, with SKU (stock keeping unit) counts ranging from 5 to as many as 5,000 individual items!
Each day, we process thousands of orders for product fulfillment and premium merchandise distribution using a variety of data feeds, such as real time processing through API calls, batch order files in most all formats, EDI, Fax, Phone, and Mail. Upon arrival, mail and fax orders are immediately keyed in for expedient processing. All call center and website/e-commerce orders are immediately imported into our fulfillment system for real-time order processing and lightning-fast shipping.
A fulfillment company stores items until an order for the item comes in. Storage facilities can be prepared for perishable items requiring refrigeration, temperature sensitive items requiring air conditioning or heating (such as certain types of chemicals that can break down due to extreme heat or cold), or typical warehousing protection from the elements.
Pick and Pack is the process of selecting items currently being stored by the fulfillment company to prep for shipping. Companies have employees known as “pickers” that will receive an order manifest. These “pickers” will then wander the warehouse to the location of the individual items, and pull them from the warehouse shelves to prep for shipping. With the “picker” taking the items in the order manifest back to the packing station, another employee known as a “packer” will then check to make sure all items in the order manifest are present and then begin the packaging process. Packaging of the product according to its type is then performed, a packaging slip is attached, and the product is labeled with address identification of where the item is to be shipped.
Shipping – It is rare for a fulfillment company to provide its own courier services due to the size of courier companies. In most cases, the shipping is outsourced to courier or delivery companies.
Outsourcing to a fulfillment house or company
For younger products in infantile stages of development, the producer may not have adequate storage facilities or the funds to build them. Fulfillment companies will typically have thousands of available square footage for storage.
Unless a producer is shipping thousands of items per month, the producer will not get the beneficial “bulk” shipping rates available to many fulfillment companies. The price these companies pay can often deviate from standard shipping prices by 30% of more. In some companies, the savings associated with shipping bulk rates provided by fulfillment companies can outweigh the charges of the fulfillment company itself.
Similar in concept to the savings associated with shipping costs, shipping materials bought in bulk also are purchased at more favorable rates. When compared to the cost of purchasing supplies for shipping through retail outlets, savings can amount to 50%.
Fulfillment companies typically charge fees per order and per item shipped. However, the hidden fees associated with fulfillment duties quite often outweigh these costs and include the following:
Firms looking to outsource their fulfillment should insist upon bundled pricing, whereby all fulfillment activities are bundled into a set price per order fulfilled. In this way, companies can accurate forecast their costs.
Fulfillment companies act as the shipping center for their client’s companies. Should there be errors in shipping process or poor handling procedures, it will be the client company that receives the bad reputation, not the fulfillment center.
Fulfillment companies will typically not take full responsibility due to product damage unless they are directly responsible, nor will they take full responsibility for product shrinkage unless it can be proven that they are directly responsible.
Assembly – The components of a custom distribution package are often produced by many different suppliers and therefore require kit assembly. We can assemble all of the different components into a kit and then fulfill those kits to a distribution list. We can also support your design and the actual production of the components whether they’re print, premium or point-of-purchase items. Our kit assembly and parts assembly services include both on-demand kit assembly and pre-assembly for the creation of in-house stock items. Pre-assembled kits are then inventoried and warehoused awaiting pick & pack and order processing.
Manufacturing All manufacturing costs other than direct labor and materials.
In-house injection molding machines – Plastic injection molding machines for rapid prototyping The Morgan’s plastic injection molding machine eliminates the need for expensive molds with long lead times. It is especially designed to make injection molding of plastics economical and practical in the quantities required for rapid prototyping, testing, samples, new product design and development, and low-volume annual production.
The Morgan-Press plastics injection molding machines are also used by many research and educational institutions.
Our small plastic molding machine is easy to set up and operate “in-house”. In addition, Morgan’s plastic injection molding solution often cost less than conventional molds alone. It is truly a low-risk, low-cost alternative to getting the prototypes and samples developed by 3rd party plastic injection molders. The example applications include plastic parts for the engineering, automotive, electronics and biomedical / new medical devices.
A company logo is a graphical illustration of company’s image that represents a company’s business ethics and its business processes. An innovatively designed logo not only promotes instant business recognition, but also promotes the company’s values and creates brand loyalty.
However, there are some entrepreneurs who still wonder – What is the objective of having a Company Logo? Does their business require an innovatively designed logo? The answer to all the above-mentioned questions is “Yes”. Every business, either small, medium, or large, requires a creatively designed business logo to represent their company and their values. A professionally designed logo has the tendency that can target end-users creating a long-lasting imprint in people’s minds. For instance, let’s consider Nike, the famous shoe company. The ‘swoosh’ is the logo of the company, and now, whenever you see the logo, you instantly know that it is Nike.
Nike is not the only brand known by its logo, as there are thousands of other brands such as BMW, AUDI, McDonald’s, Yahoo, Coca-Cola to name a few. There are countless reasons to appreciate the power of a simple and purposely designed company logo. Therefore, to boost your brand online as well as offline, at GID Company, we offer logo design services to help you stand above your competitors. Our services are designed to distinguish your business identity from all the rest.
With the help of a company logo, designed by uniquely synchronizing your business image and ethics, you can further distinguish your business by applying your new Identity Design to a bulk advertising campaign or promotion. You can also use the same logo to create letterheads with flair, business cards envelopes, business website, or any place that you find it suitable. You company logo will cover everything you need from a website-ready format to the most advanced camera-ready artwork for professional printing. Our graphic designers excel in every aspect of logo designing and can provide designed logo in every major format used by the printing and design industry. If you have any specific requirements, you can directly communicate with our designers. We’ll be happy to work with you and work for you!
A logo is one of the most essential items for any company to represent itself. It can be used to represent your company both offline as well as online, and can be used on almost everything business cards, websites, CD labels, brochures, flyers, etc. A powerful and purposely designed company logo can make all the difference.
Website: Design – In the ever-evolving online market, website is one of the most important factor through which you can grow business. We offer a wide range of web site design solutions for businesses as well as individuals. We cater to the needs of the clients based across the globe. Every company is unique and therefore each web site design we create reflects the ideas and needs of that particular client.
Programming – We specialize in the following skill sets.
E-Commerce – We develop and implement complete end-to-end powerful E-commerce solutions based on client’s specific needs. Implementing the latest technology, we develop compelling, feature-rich and flexible websites to give your business a global access.
Our expert team of software engineers have extensive experience working in a variety of domains. We study your business nature and your specific requirements, and then combine brilliant graphics and industry-leading technology to create effective Ecommerce solutions as per your needs.
Pamphlets – A pamphlet is an unbound booklet (that is, without a hard cover or binding). It may consist of a single sheet of paper that is printed on both sides and folded in half, in thirds, or in fourths (called a leaflet), or it may consist of a few pages that are folded in half and stapled at the crease to make a simple book. In order to count as a pamphlet, UNESCO requires a publication (other than a periodical) to have ‘at least 5 but not more than 48 pages exclusive of the cover pages; a longer item is a book.
Pamphlets can contain anything from information on kitchen appliances to medical information and religious treatises. Pamphlets are very important in marketing as they are cheap to produce and can be distributed easily to customers. Pamphlets have also long been an important tool of political protest and political campaigning for similar reasons.
The storage of individual pamphlets requires special consideration because they can be easily crushed or torn when shelved alongside hardcover books. For this reason, they should either be kept in file folders in a file cabinet, or kept in boxes that have approximately the dimensions of a hardcover book and placed vertically on a shelf.
Write pamphlets of about 45 to 100 pages. Put a card stock cover with an illustration and title photocopies on the cover. Inside put your address, preferably a post office box number and the name of your pamphlet publishing home-based business, so people can order more pamphlets. Include an E-mail address. Pamphlets on everything from cat care and building pet gyms to medical advice written by physicians have potential markets.
People most likely will order pamphlets and booklets online. These are small books with card stock or paperback covers. You can have them photocopied or printed and bound and sell them from home. Be boss of your own creativity. When you publish your own little pamphlets, no other publisher can reject your writing based on subjective decisions. Your market and reader’s demand for your pamphlet determines your success. Charge about three to five dollars for your pamphlets of about 45 to 100 pages.
When you get successful enough to mass produce your pamphlets or little books and get them in stores, like the impulse rack or counter in supermarkets where they will compete with the pamphlets published by the tabloids, you can charge two dollars. Also offer your books electronically.
The pamphlets should be either pocket-size with thin paper covers or five by eight inches with card stock covers. School libraries at all levels of education as well as public libraries are very interested in pamphlets on controversy in contemporary issues in the news and social issues that students of all ages can use for research in their homework assignments and report writing.
Write and publish or use hundreds of other writers to write the pamphlets for you for a 10 or 15 percent royalty. Make home-made pamphlets and booklets on controversial issues in the news, contemporary problems certain age groups have, such as teens or the aging, write tip for parents or nutrition-minded people, or sell career booklets to school libraries. Or pick a subject with which you are familiar, such as healthcare tips and market pamphlets to doctor’s offices.
The best bet is to create pamphlets or booklets of 45–100pages that will be sold to school libraries all over the world, mainly at the high-school level. Use a card stock cover with two staples in the middle, or a bound pamphlet of 45–100 pages. Have a clip art illustration in pen and ink format on the cover. If you can afford it, have the binding glued in place rather than stapling the booklet.
The best size is 100 printed pages, but thinner pamphlets of 45 pages also work fine. Typeset in a font like Times New Roman 12 point. Use pamphlet or newsletter format to create a pamphlet about 81/2″ X 5″. Keep all the pamphlets the same size, but different page lengths. You can publish the works of about 400 writers and pay them royalties of about 10-15 percent on your gross sales. Some larger books may be serialized into 100-page pamphlets or45-50 page booklets.
Sell through the mail to libraries and schools as well as career counseling centers. Recipes sell well in shopping malls stores featuring cookware and online.
The secret to profiting from a Web site is daily commitment to answering your customer’s e-mail. Use the Web as your second store. Each day, 45,000 entrepreneurs take their businesses online. In 1994, only 5,000 Web sites existed. Today, more than 300,000 sites link the Web. Most entrepreneurs online are willing to sell you their hind-site and let experience be your trainer.
Simple keywords are necessary in an online home page. If you don’t simplify your keywords, a computerized text search cannot show users where your page is found. Anyone going online usually first searches through a computerized search engine such as the Yahoo list, Alta Vista, Lycos, or Web Crawler using a simple key word. The search engine takes the searcher to your home page.
A Web page can increase traffic. Open a virtual shop for your virtual or printed booklets and pamphlets of 45–100 pages. Connoisseurs in Canada, Japan, and England e-mail in orders for your home-made booklets.
GID Company, a product manufacturer in the USA, developing precision plastic injection molded parts from different thermoset and thermoplastic materials, such as glass-filled and engineering grades of plastic. Products are also developed by GID in metal, fabric, and synthetic materials. We are an established product manufacturing company based in the USA, and we specialize in injection molding filled and modified resins, miniature and micro molding, insert molding, transfer molding, vacuum forming, compression molding, with part finishing and final assembly. We have experienced teams of skilled product designers, product engineers, project managers, and other workforce to easily overcome tight tolerance and unusual configuration challenges.
We are committed to design, develop, and deliver high quality custom injection mold products that are affordable. Whether you are a small, medium, or a huge business, our team is all set to execute your project in style while obeying all the industry standards. We are also esteemed for client confidentiality and timely delivery of the products.
China Facilities Our services help your firm become more profitable and efficient. China is a large market with many suppliers and it pays off to start on the right footing. With the Internet technology, now you can find out thousand thousands of suppliers from China by search engine or suppliers agent, but how do you know which ones are most likely meeting your sourcing requirements. There is too much information for you to detect and searching for the right suppliers increases your sourcing cost. Let us help you sourcing your products from the right Chinese manufacturers and suppliers, to ensure a good experience for you!
Sourcing Products in China – Cost Savings of 20% or more over current Asian manufacturing and up to 60% over North American and European manufacturers
Security in working with a US company that has an established history and process for delivering quality products manufactured in mainland China
Expertise in Chinese business culture, selection of reputable Chinese manufacturers and suppliers, negotiating costs, quality control, logistics, marketing and big-box sales in stores like Home Depot and WalMart.
We are the “Professional China Sourcing Consultants” making your sourcing in China more simple and exciting. China Sourcing has specialized itself in providing you valuable sourcing information and helping you sourcing new and interesting products in China at the most cost-effective rate and meet your needs as well.
Our goal is to provide you the personalized services for your sourcing and make your sourcing in China much easier.
China Sourcing was set up to create a solution for companies sourcing products and expanding business in China.
Our people understand that finding the most cost-effective solution for sourcing is important to make or break a sales position and a supply chain in the western marketplace. With prices dropping in the market placing a good buy is just as important as a good sell. As our professional purchasers have been sourcing in China for decades of years, we experienced the hard time as you do in looking for several competitive good suppliers from tons of messy information. We understand the importance of sourcing the right products and services at a reasonable cost and the reciprocal, stable relationship with good suppliers.
With our experiences with China we have used its large manufacturing options to create cost-effective solutions for our customers. Our people are passionate and experienced with doing business with China and we believe that, “Your company can improve business with increased ties with China, and benefit by China’s rapid-grown economy.”
Packaging/Box Design – Packaging has power – enormous power – over what we buy. The fashions we wear express who we are. Packaging does that for products. We identify with a product because it does for us what we wish it to do. As any brand manager will tell, we buy the “brand promise” and the package carries a lot of that promise. You are dying to break your shampoo routine, or for some reason cannot find your usual brand, how do you select an alternative? You generally pick a package that appeals to you or draws your attention. And often you do that out of necessity – you don’t have the chance to taste or try most products. The package has to do the selling right there on the spot.
From boxes and blister cards to floor displays, trade shows, advertising and point-of-sale, great package design goes a long way toward driving sales and increasing profits. That’s where we can help. Our innovative designs demand attention, entice customers and motivates buyers.
Whether you’re a small start-up business or a large multinational corporation, our state-of-the-art facility and in-house photo studio make packaging the right choice for your next project.
After final assembly, manufactured products are packaged before reaching the consumer. There are many reasons for packaging products. Products are packaged for protection; they prevent spoilage, spillage, and leakage. Packages also provide a way to store and ship the product as well as display and advertise the product. Proper packaging, which protects and eases distribution, can save companies millions of dollars. The package itself engages the consumer, advertises, and provides product identification and customer loyalty. There are six materials commonly used in packaging: glass, aluminum, plastic, paper and paperboard, steel, and polystyrene.
All vendors must provide Academy with Master Pack and Inner Pack quantities, as defined below, by SKU for the products sold to Academy. Master Pack – the number of salable units contained within a vendor’s outermost carton. Inner Pack – the number of salable units grouped together by some packaging material (usually cellophane, rubber bands, or cardboard) within a master carton.
Don’t leave your company name and logo unprotected. A Federal Trademark can prevent others from using your business identity to sell similar products, which can compromise your brand and confuse your customers.
Legal Zoom makes it fast and easy to file a Federal Trademark without an attorney. Just answer a few simple questions and we’ll take care of the rest.
As the nation’s leading online legal document service, Legal Zoom has helped more than 500,000 satisfied customers. Last year, we filed more trademarks than the 10 largest law firms combined.
A “registered trademark”, or ®, refers to a name, slogan or logo that has been officially registered with the United States Patent and Trademark Office – USPTO. Each State also offers trademark protection from their Secretaries of State offices.
Registering a trademark is greatly beneficial to any business because it publicly states that your trademark is registered with the USPTO, where people can find you and avoid using your intellectual property.
By registering a trademark you will gain exclusive rights to your name, slogan or logo AND a broader array of potentially similar uses – in sound, appearance and meaning within your industry, than if you merely use your intellectual property without a trademark, or otherwise known as having first use Common Law rights.
Prior to filing for a Federal trademark, comprehensive research of existing and pending State trademarks, USPTO Federal trademarks and Common Law uses and analysis of each is needed to ensure that you are not infringing upon another company’s trademark or Common Law rights. You need to know if your name, slogan and/or logo is truly legally available BEFORE you file.
The USPTO and every State limits their research to their own databases only. Your intellectual property may turn out to be clear from their own limited research, and it will take the USPTO up to 6 months to do their research, State internal research varies widely – but this is far from what you need. You need to know if your proposed name, slogan or logo is legally clear today, before use, before filing, for a trademark. Only comprehensive research will determine legal availability.
In the USA, there are 2 million Federal trademarks, 1 million State trademarks and 13 million Common Law uses. So, simply filing a Federal trademark, without comprehensive research means your name will never be researched against 14 million out of 16 million names, slogans and logos that exist before you start your business. You need to comprehensively research your intellectual property BEFORE actual commercial use and filing at the USPTO!
There is a marketing advantage to having a trademark too! Businesses that show the Federal trademark ® symbol for their name, logo or slogan are widely considered to be more credible, established and professional. The ® symbol attracts more sales.
Having a trademark will achieve added protection against other companies’ future names, slogans or logos that are conflicting or even merely similar in sound, appearance or meaning, as well as ownership rights as protected by the USPTO. Having a trademark makes it much easier to protect your intellectual property, when you can simply show your registered or pending USPTO trademark.
A trademark is like having a silent attorney actively protecting your intellectual property 24 hours a day! Trademarks last 5 years, and are indefinitely renewable in the 5th year, then the 10th year, then every 10 years after that. You still need to actively protect your intellectual property, because the USPTO will not do that for you. We recommend that you should run your comprehensive research every 2 years to find infringing companies to your property.