Intellectual Property Protection: The Basics for Startups
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Intellectual Property Protection: The Basics for Startups
“The high overall number speaks to the enduring interest in safeguarding IP, while the 15% jump has to do with the fact that patent numbers actually dipped last year (down 3.5%) while the number that were filed and still in application form (not granted) was bigger than ever. If we can draw something from that, it might be that filers and the USPTO were both taking a little more time to file and process, not a reduction in the use of patents altogether.” (Tech Crunch)
Patents continue to be a way to protect your product from copycats and counterfeiters. To help you get acquainted with patents and the patent process, below are a few basics about intellectual property protection.
Patent Basics
A patent for an invention is the grant of a property right to the inventor, issued by the United States Patent and Trademark Office (USPTO). U.S. patent grants are effective only within the United States, U.S. territories, and U.S. possessions. There are three types of patents: utility, design and plant patents.
“A patent for an invention is the grant of a property right to the inventor, issued by the United States Patent and Trademark Office. Generally, the term of a new patent is 20 years from the date on which the application for the patent was filed in the United States or, in special cases, from the date an earlier related application was filed, subject to the payment of maintenance fees.” (USPTO)
Design Patents
Design patents are often overlooked and underutilized compared to the more common utility patents. “Five percent of all patent applications (more than 30,000 per year) are design patents.” (Upcounsel) Design patents focus on the exterior design, features and overall aesthetics of the product. Utility patents focus on the functionality and features of your invention.
Design patents extend to what is exactly shown in the line drawings, nothing more. “Some products might need multiple design patents. Each would cover a specific physical feature of the proposed product. Cars, for instance, require many design patents.” (Upcounsel) Having high-quality professional line drawings by a CAD designer is extremely advantageous. With a design patent, you are able to use the coveted phrases, patent pending and patent issued on all marketing material, and have confidence that your invention is protected for the next fourteen years. Also. when it comes to cost, design patents are considerably cheaper to file than utility patents.
Utility Patents
Utility patents focus solely on the inner workings of your invention, its unique functions and overall usefulness. “While a utility patent is harder to get, it offers better coverage. The utility patent has stronger intellectual property protections built into the patent system.” (Upcounsel) An invention is deemed useful if it provides an identifiable benefit and is capable of use. People often refer to utility patents as “patents for invention”. According to the United States Patent and Trademark Office, ninety-percent of the patent documents issued by the USPTO in recent years have been utility patents. With a utility patent your invention will be protected for the next twenty years.
Often times, proper patent protection can mean the difference between success and failure for a hardware startup.
Our team works closely with the Hawaii State Bar Association and understands the importance of patent protection for startups. If you have a question related to patent protection, please send us an email at info@3d-innovations.com.
Additional Intellectual Property Articles for Startups
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Top 2019 3D Innovations Blog Posts
Below are a few of our top blog posts from the past year.
Entrepreneurship Needs STEM Education
While the focus is on educating students around the four subjects—science, technology, engineering and math—the true value of these subject areas goes far beyond an engineering career or science major. STEM education provides a solid foundation for entrepreneurship.
The Baby Toon – From Science Fair to Shark Tank
Our 3D Innovations client, The Baby Toon, was featured on the Season 11 Premiere of Shark Tank and was able to successfully secure a deal with Lori Greiner. Inventor of The Baby Toon, Cassidy Crowley (age 10), and her family have been on this startup journey for three years now and watching it culminate with a deal on Shark Tank was certainly a highlight for them and us.
Licensing Agreement Basics for Startups
For many inventors a licensing agreement is often a great option since it lets them develop a product, but then puts the expenses associated with commercialization on a more experienced manufacturer.
3D Printing: Discover New Design Possibilities
3D printing technology, also referred to as additive manufacturing, allows you to explore design possibilities without typical design constraints. This means that new shapes and figures that are not easily manufactured, or that are impossible to manufacture with traditional manufacturing methods, are now within the realm of possibility. Complex geometries, quick turnaround times and customization are a few of the main reasons that 3D printing has risen to popularity among a number of top industries: aerospace, automobile, dentistry and medical industries have all embraced additive manufacturing technology.
How can a product development firm help me?
A product development firm should be your partner in this startup journey. Having a great product idea is exciting, executing that idea though can be a bit tricky since the road to product commercialization to fraught with obstacles. Often, startup founders turn to a product development firm to help make their idea a reality.
Exploring STEM Subjects During Summer Break
Diving deeper and exploring STEM subjects during summer break allows students to find what truly interests them. In school, there is a curriculum to follow and goals to meet; however, the unstructured summer months let students explore their own interests in science, technology, engineering, and math. They can dig deeper into subject matter, which helps them not only grasp concepts better, but gives them a better understanding of the world around them.
We can’t wait to see what the new year brings. Our 3D Innovations team wishes you a happy and healthy New Year!
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3D Innovations is a Product Development Company – from the 3D Design to a fully functional 3D Prototype & Product.
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The Baby Toon – From Science Fair to Shark Tank
Image is from ABC Shark Tank
Our client, The Baby Toon, was featured on the Season 11 Premiere of Shark Tank and was able to successfully secure a deal with Lori Greiner. Inventor of The Baby Toon, Cassidy Crowley (age 10), and her family have been on this startup journey for three years now and watching it culminate with a deal on Shark Tank was certainly a highlight for them and us. We had a chance to talk with Cassidy and her mom, Lori, to discuss the entire experience and share their favorite memories with us.
From this entire startup journey, what valuable lesson did you walk away with?
Cassidy C.: I learned to just go for it because you never know unless you try! It was super exciting to go through the whole Shark Tank process. I know not many kids or adults get this opportunity in life so I am very thankful. It was fun to get to see behind the scenes of my favorite TV Show and meet the Sharks!
Lori C.: I learned how with the power of the internet, and Google, you could learn how to do and approach things you know absolutely nothing about! I also learned that your kids can inspire you to never give up! There were many times that I felt defeated and wanted to give up simply because we didn’t know how, had no experience, and didn’t have a friend we could ask to point us in the right direction. However, in those difficult times, it was the kids who said, “we can’t give up”. Their drive, perseverance, and determination to push through even when we didn’t know the answers is something I as a parent will always admire and remember. It really is because of them that we were able to take this journey from science fair to Shark Tank and I am so proud of their commitment to this.
What was your favorite part about being on Shark Tank?
Cassidy C.: My favorite part was showing The Baby Toon to these super successful Shark entrepreneurs.
Lori C.: Cassidy was amazing and handled herself with grace, energy and poise that I could never do at 10 years old or even now at 40! I’m so proud of her strength. I am proud of my other daughters for the never-ending positive support they gave their sister. They were right there every step of the way. We met the most wonderful people along the journey who became our friends and taught us so much.
During the product development process of The Baby Toon, do you have a favorite memory or experience?
Cassidy C.: I loved learning about 3D printing, how you could design on a computer and actually 3D print it! I liked going to Albany, NY at Extreme Molding because we got to see our mold and how silicone is made, injected into the mold, and see how the product comes out of the machine. I loved selling our product and sharing our story live with people at the Baby Expo and craft fairs. And finally Shark Tank, like I mentioned above, pitching to the Sharks then actually talking to Lori Greiner about The Baby Toon’s future.
Lori C.: Learning with my kids! You’re never too old to learn! Traveling to see a working US manufacturing company and bringing home the first suitcases of Baby Toons hot off the press! And of course, auditioning for Shark Tank, getting a call back, and actually making it to the Season Premiere! Really, who would have ever thought a little 7-year-old from Hawaii with a dream of sharing her school science project with the Sharks would be there, pitching The Baby Toon 3 years later. It was truly one of those just try and see what happens—and a memory we will all never forget. It was just so cool to see the Sharks right in front of us asking Cassidy questions and seeing how she would respond. There is a lot going on and lots of questions that are asked. She was fearless, it was so fun to watch.
Collin Kobayashi at 3D Innovations, LLC
The Baby Toon has been a truly special project to work on. From the start, Cassidy and her family have been eager to learn about all aspects of product development and open to ideas.
You are never too young or old to invent. If you have an idea or passion that you think can change the world, go for it! Many first-time entrepreneurs often think that they need to have all of the answers figured out before reaching out to us—you don’t. As a product development partner, we help guide you through each step of the product development process and help you connect with the right industry partners.
If you have questions about developing your product idea, send us an email at info@3d-innovations.com.
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3D Innovations is a Product Development Company – from the 3D Design to a fully functional 3D Prototype & Product.
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Patent Drawings — Essential for a Strong Application
Patent Drawings for Your Application
“For applications filed on or after December 18, 2013, other than design applications [1], U.S. patent laws no longer require that an application contain a drawing to be entitled to a filing date. See 35 U.S.C. 111. Having said that, it is an extraordinary mistake for anyone to believe that drawings are no longer required, or that submitting drawings at the time of filing is not the absolute best practice. Furthermore, it should be understood that high quality drawings — and many of them — are the single best and most economical way to expand the scope of any disclosure filed.” (Gene Quinn of IP Watchdog)
While it might seem that since the passage of the Patent Law Implementation Treaty Act in December of 2013 that patent drawings are not required, it isn’t that simple. “35 U.S.C. 113 continues to require one or more drawings if necessary for the understanding of the subject matter.” (Gene Quinn of IP Watchdog)
Therefore, patent drawings should be viewed as required.
Patent Drawings Defined
Patent drawings are a set of illustrations showing the detailed features of an invention submitted during the patent application process.
“Drawings with more details have more success. They often cover what inventors forget to describe in the written disclosure. The best way to get an adequate detailed drawing is to hire a professional patent illustrator. Greatly detailed, professional drawings have an increased possibility of approval during the application process.” (Upcounsel)
3D Innovations for Patent Drawings
We have helped many inventors with their patent application drawings. Our skilled team is knowledgeable about the details required in patent drawings. Send us an email at info@3d-innovations.com to learn more about how we can help during the patent application process.
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3D Innovations is a Product Development Company – from the 3D Design to a fully functional 3D Prototype & Product.
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The Early-Stage of Hardware Product Development
Get Your Product Idea Off the Ground
Coming up with a hardware product idea is exhilarating—knowing that you have an idea that will help not only yourself, but an entire segment of the population, is the very definition of exciting. So now you have an idea, but you aren’t exactly sure what to do next.
When it Comes to Product Design, Let Creativity Shine
When it comes to product design, creativity can really make a difference in the success of a product. First time entrepreneurs can get caught up in the idea that their original idea is the best idea, however this is not always the case. There are many reasons that your product may shift during product design—it is not efficient for manufacturing, timing is off, it’s too difficult for customers to use, it doesn’t have a solid consumer base. There are numerous factors that can change a product, and that is okay. It is okay to end up with a product that is different than your original idea, because the goal is success.
Design Patents and Utility Patents for Startups
Patents, copyrights and trademarks are all forms of intellectual property. For the purpose of this piece, patents — particularly design patents and utility patents — will be the focus of the conversation. While all three types of IP are indeed essential for success, hardware-focused products rely heavily on patents. Often times, proper patent protection can mean the difference between success and failure for a hardware startup.
Building A Hardware Startup Outside of a Major Tech Hub
In today’s connected world, these major tech hubs are becoming less and less appealing for entrepreneurs just setting out with their startup. It’s no secret that the cost of living in major tech hubs is astronomical and upfront costs to get your business going also come at a premium. So if you are an entrepreneur looking into hardware product development and starting a business, but have no desire to pick-up and move, below are a few ideas on how you can successfully launch your hardware startup from your home city.
Questions for Potential Product Development Partners
Product development partners are a great way to team up with knowledgeable experts that can help make your product idea a reality. A hardware product development partner can work with you from product idea through manufacturing and can assist in a wide variety of ways. Here we share a few suggestions on questions to ask potential product development firm partners.
Have additional hardware product development questions? Send us an email, info@3d-innovations.com
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3D Innovations is a Product Development Company – from the 3D Design to a fully functional 3D Prototype & Product.
Subscribe to the 3D Innovations newsletter on our Facebook page!
Connect with us on Twitter, Facebook & LinkedIn today.
Design Patents and Utility Patents for Startups
Patent Basics
A patent for an invention is the grant of a property right to the inventor, issued by the United States Patent and Trademark Office (USPTO). U.S. patent grants are effective only within the United States, U.S. territories, and U.S. possessions. There are three types of patents: utility, design and plant patents.
Conducting a Patent Search
Once you have decided that you are interested in patenting your product, the next step is to conduct a patent search. A proper patent search will tell you if your invention, or its likeness, has been patented before or if your invention is indeed one-of-a-kind. There is nothing more time consuming, financially draining and demoralizing than filing for a patent, only to find that someone else already holds the patent to your invention.
The USPTO makes it possible to conduct a preliminary patent search on your own; however, it is highly recommended that you consult with a licensed patent search firm to assist with the bulk of the research. These firms have vast experience researching and are extremely knowledgeable in the classification systems.
Exploring Design Patents and Utility Patents
Design patents are often overlooked and underutilized compared to the more common utility patents. “Five percent of all patent applications (more than 30,000 per year) are design patents.” (Upcounsel) Design patents focus on the exterior design, features and overall aesthetics of the product. Utility patents focus on the functionality and features of your invention.
Design patents extend to what is exactly shown in the line drawings, nothing more. “Some products might need multiple design patents. Each would cover a specific physical feature of the proposed product. Cars, for instance, require many design patents.” (Upcounsel) Having high-quality professional line drawings by a CAD designer is extremely advantageous. With a design patent, you are able to use the coveted phrases, patent pending and patent issued on all marketing material, and have confidence that your invention is protected for the next fourteen years. Also. when it comes to cost, design patents are considerably cheaper to file than utility patents.
Utility patents focus solely on the inner workings of your invention, its unique functions and overall usefulness. “While a utility patent is harder to get, it offers better coverage. The utility patent has stronger protections built into the patent system.” (Upcounsel) An invention is deemed useful if it provides an identifiable benefit and is capable of use. People often refer to utility patents as “patents for invention”. According to the United States Patent and Trademark Office, ninety-percent of the patent documents issued by the USPTO in recent years have been utility patents. With a utility patent your invention will be protected for the next twenty years.
A design patent coupled with a utility patent provides overlapping protection for both the inner workings and exterior design of your product, and is a powerful tool in your IP arsenal.
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3D Innovations is a Product Development Company – from the 3D Design to a fully functional 3D Prototype & Product.
Subscribe to the 3D Innovations newsletter on our Facebook page!
Connect with us on Twitter, Facebook & LinkedIn today.
Licensing Agreement Basics for Startups
What is a licensing agreement?
A licensing agreement is a deal between the owner of a patent, brand, or trademark and someone who wants to use the patented or trademarked goods and services. (Upcounsel)
With a licensing agreement, an inventor (the licensor) develops an invention and then protects that invention through a patent, copyright, trademark, or trade secret, and thus creates intellectual property (IP). The inventor—the owner of the intellectual property—then licenses the invention to a second party (the licensee) whose responsibility is to commercialize the invention. As compensation for allowing another party to use its intellectual property, the licensor will receive a royalty.
There are many types of licensing agreements: trademark licensing, copyright licensing, patent licensing, software licensing and merchandise licensing. Intellectual property licensors use three main types of licensing agreements: exclusive license, non-exclusive license and sole license. (Read about each type on Upcounsel)
The Main Benefits of a Licensing Agreement
Globalization has made licensing agreements a very popular option for businesses and inventors. Often, licensing is a strategic way of entering international markets. A foreign company will obtain rights to produce and/or sell another company’s product in its home country.
Below is a list of the top benefits of licensing your invention/IP.
Overall, licensing agreements minimize risk for both parties involved. The licensor doesn’t have to setup a business and incur those additional expenses and the licensee doesn’t have to spend time on product development and testing.
Suggestions for Securing a Licensing Agreement
Read our Case Study that details how our team worked on turning a consumer product idea into a manufacturable product for licensing to a large international retailer.
Have additional questions about licensing agreements for inventors? Please send us an email at info@3d-innovations.com
Articles Referenced:
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3D Innovations is a Product Development Company – from the 3D Design to a fully functional 3D Prototype & Product.
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Innovation and Patent Protection for Startups
“A patent for an invention is the grant of a property right to the inventor, issued by the United States Patent and Trademark Office. Generally, the term of a new patent is 20 years from the date on which the application for the patent was filed in the United States or, in special cases, from the date an earlier related application was filed, subject to the payment of maintenance fees.”
“The right conferred by the patent grant is, in the language of the statute and of the grant itself, “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States or ‘importing’ the invention into the United States. What is granted is not the right to make, use, offer for sale, sell or import, but the right to exclude others from making, using, offering for sale, selling or importing the invention.”
Make: Magazine recently published an article, “Patent Pandas: How One Maker Is Turning Her Horrible Experience Into a Force for Good”. It is a real and very telling story of how a person, actually a crowdfunding backer, stole an idea from a crowdfunding website and later tried to sell the invalid patent back to the original inventor. Unfortunately, stealing and patenting ideas that are not your own has become big business.
Patent law is complicated, and it is always best to consult with an attorney. However, we have compiled a list of resources below to get you started as you begin looking into the process of patent protection.
Crowdfunding Backer Patented My Project (Patent Panda)
General Information Concerning Patents (USPTO)
Navigating IP on the Path to Commercialization
IP Watchdog
How to Prepare for Your First Patent Attorney Meeting
Our team works closely with the Hawaii State Bar Association and understands the importance of patent protection for startups. If you have a question related to patent protection, we are happy to help. Please send us an email with your questions, info@3d-innovations.com.
Additional Intellectual Property Articles from 3D Innovations
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3D Innovations is a Product Development Company – from the 3D Design to a fully functional 3D Prototype & Product.
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Wishing You a Happy Thanksgiving
In the spirit of the Thanksgiving holiday, we would like to send a big ‘thank you’ to our valued clients. Our clients are the driving motivation and the reason we do what we do. Each project we work on is unique, just like each client. Seeing the excitement build as we assist in the development of taking an idea and turning it into a real-world product fuels our desire to keep helping entrepreneurs launch their dreams.
We are incredibly grateful for our support network and know that our business would not be where it is today without you.
Thank you.
-The 3D Innovations Team
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3D Innovations is a Product Development Company – from the 3D Design to a fully functional 3D Prototype & Product.
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Get Your Product Idea Off the Ground
Developing a Product Idea Isn’t a “One-Size-Fits All” Process
It is a common misconception that building a hardware startup is a straightforward and linear process: Find a Problem—Design a Solution—Sell the Product—Make Money. In theory this is how it should work, however in actuality, this process is more of a maze with twists and turns on your way to success.
Each product and each startup will face their own challenges on the way to market; by preparing yourself for any hiccups you encounter along the way, you will be in a much better position to successfully navigate them.
Consider and Research Intellectual Property Protection
Navigating the world of intellectual property is challenging for seasoned entrepreneurs, and even more stressful when you are working on designing and launching your very first product. Intellectual property (IP) is often moved to the bottom of the priority list because it is full of unknowns. When is the right time to file? Do I need a design patent? Is a trademark necessary?
With the spread of technology and globalization, a solid intellectual property strategy has never been more critical. Copycat products are popping up at an alarming rate—which is bad for business and dangerous for consumers. Having a strong intellectual property strategy early-on or having the patent process started, is a great way to protect your invention, attract or solidify partnerships and secure funding.
Add Value Through Product Design
The Design Hierarchy of Needs is a good starting point during the product development process. As an entrepreneur, you can look at your product, or product idea, through this lens and determine where your product excels, and which areas need a little more help before your product design is finalized.
Understand Common Startup Roadblocks—Then Avoid Them
We can all learn from failure, we can even learn from other startup’s failures. Making yourself aware of the challenges associated with building and launching a product, you are more likely to make educated decisions that allow you to avoid failure altogether.
Diving into the product development process is an exciting time for an entrepreneur. With the right knowledge and information, you are setting yourself and your startup for success.
We would also suggest you check out these additional blog posts:
Have additional questions about developing your product idea and want to talk to an expert? Send us an email with your questions to info@3d-innovations.com
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3D Innovations is a Product Development Company – from the 3D Design to a fully functional 3D Prototype & Product.
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