Insight Into Patent Valuation

August 16, 2013 by nvantreeck

It can be difficult to put a price tag on intellectual property.

A new report published by IPOfferings LLC may be useful to patent holders considering selling, buying, or licensing a patent.

The company published Calendar Year 2012 Patent Value Quotient includes a wealth of information about patents sold during the prior year. The report includes the seller and buyer of the portfolio (unless they requested that they be anonymous), the technology of the patents, the number of issued U.S. Patents, and the quotient, which is determined by the total sale divided by the number of patents to produce the average paid per patent. For the 35 patent transactions included in the report, the median selling price per issued U.S. Patent was $220,588, and the average selling price per issued U.S. Patent was $373,573.

While the report offers insight into prior patent deals, there are a number of factors that can impact a patent’s value. Below are just a few examples:

Invention Significance: Innovative patents that represent a significant breakthrough in an industry (i.e., Thomas Edison’s light bulb) are the most valuable. While not every patent is a game changer, patents that give the owner a monopoly in a specific corner of the market or force competitors to license the technology are often more valuable than incremental patents that represent small changes to existing products or processes.
The Strength of the Patent: The quality of the patent itself is also taken into consideration. Factors that may be evaluated include the qualifications of the law firm that prepared the patent and the examiner that granted it, the number of inventors listed, and the amount of prior art.
Patent Term: The business life of a patent is another key consideration. In general, a patent will be less valuable if it is approaching the expiration of its term. Similarly, a patent that was recently issued may also be less desirable because its validity is likely untested.
Market Conditions: A patent buyer wants to make sure that the patent will generate money, either through product sales or licensing revenue. Therefore, the markets condition in the particularly industry often become important. In highly competitive markets, a buyer may even overvalue a patent that allows it to block a competitor or bolster an existing patent portfolio.

How Can I Help?

Even taking all of these factors into account, it is important to recognize that all patents and their underlying inventions are unique. Therefore, you should consult with an experienced patent attorney before embarking on the valuation process. If you are considering buying, selling, or licensing a patent, please contact me for a free 30 minute consultation at nvantreeck@usip.com or call TOLL FREE at 1-855-UR IDEAS (1-855-874-3327) and ask for Norman.

– Ex astris, scientia –

I am and avid amateur astronomer and intellectual property attorney in Pasadena, California and I am a Rising Star as rated by Super Lawyers Magazine. As a former Chief Petty Officer in the U.S. Navy, I am a proud member of the Armed Service Committee of the Los Angeles County Bar Association working to aid all active duty and veterans in our communities. Connect with me on Google +

Norman

2nd Annual Julia Child and Indian Independance Day Celebration

August 16, 2013 by nvantreeck

Yesterday was the my firms annual Julia Child’s birthday celebration. Really, it is just an excuse for everyone to try new recipes in a themed event. This year it also happened to coincide with India’s independence day, and our theme this year was Indian cooking.

So I made Butter Chicken (a huge amount) that went over very well. Below are some images from our celebration. Enjoy.

– Ex astris, scientia –

Norman

Oracle Vs. Google, Copyright War Round 2.

August 15, 2013 by nvantreeck

If you thought the copyright war between Google and Oracle was over, think again. Oracle appealed last year’s decision that Google did not commit copyright infringement when it copied Oracle’s software code to build the Android mobile operating system.

On appeal, the Federal U.S. Circuit of Appeals will be asked to reconsider whether application programming interfaces (APIs) can be copyrighted.

U.S. District Judge William Alsup previously concluded that the software code was not protected under copyright law as a matter of law.

On appeal, Oracle contends that the decision was “decidedly unfair.” Interestingly, to illustrate its point, Oracle took a page from Harry Potter.

“Ann Droid wants to publish a bestseller. So she sits down with an advance copy of Harry Potter and the Order of the Phoenix — the fifth book — and proceeds to transcribe. She verbatim copies all the chapter titles—from Chapter 1 (‘Dudley Demented’) to Chapter 38 (‘The Second War Begins’). She copies verbatim the topic sentences of each paragraph, starting from the first (highly descriptive) one and continuing, in order, to the last, simple one (‘Harry nodded.’). She then paraphrases the rest of each paragraph. She rushes the competing version to press before the original under the title: Ann Droid’s Harry Potter 5.0,” the brief reads.

“Google Inc. has copied a blockbuster literary work just as surely, and as improperly, as Ann Droid—and has offered the same defenses.”

Sot the battle between Oracle and Google is heating up again. Given the potential implications on software copyrights, I will continue to monitor the case and provide updates as they become available.

How Can I Help?

If you, or someone you know, need help with any Intellectual Property issue, from filing a patent, trademark or copyright, or just advice regarding how best to protect your ideas and your brand, contact me for a free 30 minute consultation at nvantreeck@usip.com or call TOLL FREE at 1-855-UR IDEAS (1-855-874-3327) and ask for Norman.

– Ex astris, scientia –

Norman

I Can See You!

August 15, 2013 by nvantreeck

First, we looked at wobbles, then eclipsing bodies. Now the exo-planet hunt is starting to turn up pictures! Yeah! We like pictures.

Astronomers from the Strategic Explorations of Exoplanets and Disks with Subaru (SEEDS) Project on top of Mauna Kea have imaged the smallest exo-planet to date.

The value of direct imaging exo-planets is fairly obvious because of the extra information that can be only detected in this fashion. Information about the planet’s luminosity, temperature, atmosphere, and orbit among other planetary properties. However, this method is technically challenging, because these distant planets are not only faint but also close to their bright central stars, the glare of which easily obscures the planet.

Using the images obtained, scientists have determined that the distance between the central star and planet is about 44 AU (the average distance of the Earth to the Sun or 93,000,000 miles), which is larger than Neptune’s orbit and closer to Pluto’s orbit.

Also, the planet has a mass of about three Jupiters.

Eventually, the goal would be to have the technology to image all the exo-planets surrounding distant suns using this method. But we will have to wait for technology to catch up with desire.

– Ex astris, scientia –

Norman

Another Costly International Trademark Battle for Apple.

August 14, 2013 by nvantreeck

After fighting to secure its iPad trademark in China, Apple appears poised to engage in another costly trademark battle overseas. Brazil’s copyright authority recently ruled that the iPhone trademark rights belong to a local company, Gradiente Eletronica SA.

As with many international trademark systems, Brazil awards trademark registration to the first party to file, without taking into account who used the trademark first, or which party is more closely associated with the brand. In this case, Gradiente first applied for a trademark in 2000, six years prior to Apple’s subsequent trademark application and launch of the popular iPhone product.

Gradient was awarded the iPhone trademark in January 2008, according to The Wall Street Journal. Under Brazil’s trademark law, in order to gain exclusive rights, it was required to sell a product making use of the mark within five years.

In December 2012, the company announced an Android-based smartphone called the “IPHONE Neo One.”

According to Brazil’s National Institute of Industrial Property (INPI), Apple is now contesting whether Gradient used the brand within the required time frame.

However, in February, the INPI ruled against Apple. Accordingly, Apple filed suit and is also trying to work out a financial settlement (reports indicate that the two entities are close to a settlement). Either way, it appears that Apple has another costly legal battle on its hands.

How Can I Help?

It can be more difficult to protect trademarks and other IP rights overseas. Therefore, it is imperative to consult with an attorney experienced in foreign intellectual property concerns.

I have developed long-standing, close relationships with firms and experts worldwide to enable me to offer my clients in-depth experience in foreign law.

If you, or someone you know, need help with any Intellectual Property issue, foreign or domestic, please contact me for a free 30 minute consultation at nvantreeck@usip.com or call TOLL FREE at 1-855-UR IDEAS (1-855-874-3327) and ask for Norman.

– Ex astris, scientia –

Norman

Yesterday’s Pictures Today!

August 14, 2013 by nvantreeck

Well, once again WordPress ate my post yesterday. Sorry about that so here it is again.

This past weekend, I was out at my observatory taking images. Although I haven’t processed all of them yet, I did manage to take some interesting images of the Moon and Venus (and a Joshua tree). Enjoy.

The annual California fire season has started again. This photo is show a fire near Phelan Ca.

The fires make for interesting sunsets.

Friday night from a parking lot in Indio. The Moon and Venus at twilight.

Saturday afternoon maneuvers at the 29 Palms Marine Base. It is really interesting when they do night maneuvers, they go right over my observatory.

A variety of exposures and ISO’s of the Moon, Venus and a Joshua tree near my observatory using my Canon G12.

– Ex astris, scientia –

Norman

USPTO’s Latest Roundtable to Tackle Requests for Continued Examinations

August 13, 2013 by nvantreeck

The U.S. Patent and Trademark Office seems to find public roundtable discussions to be an effective means to solicit pubic feedback. The next topic it plans to tackle is how to reduce the number of Requests for Continued Examinations (RCEs).

According to the USPTO, it is seeking to better understand the “root causes for filing RCEs.” It plans to use the information gathered during the public events to design additional programs and initiatives aimed at reducing filings and the RCE backlog. As the agency notes, previous programs, which include the Quick Path Information Disclosure Statement (QPIDS) pilot and After Final Consideration Pilot (AFCP), have been successful in reducing the patent backlog; however, work still remains to be done.

The USPTO, in collaboration with Patent Public Advisory Committee (PPAC), is providing a variety of forums where stakeholders can openly discuss reasons for filing RCEs and share ideas for reducing RCE filings. They include the submission of written comments by email or postal mail, through the web-based portal called IdeaScale®, and through roundtables.

Additional information and a complete listing of roundtable dates and locations can be found on the RCE Outreach website: www.uspto.gov/patents/init_events/rce_outreach.jsp.

How Can I Help?

– Ex astris, scientia –

Norman

The Copyright Office Wants to Hear from You on Copyright Policies in the Digital Economy.

August 12, 2013 by nvantreeck

The Department of Commerce’s Internet Policy Task Force (IPTF) last week issued a green paper on copyright, and Chief Policy Officer and Director for International Affairs Shira Perlmutter commented on the highlight of the paper’s core content and goals.

The paper, Copyright Policy, Creativity, and Innovation in the Digital Economy (Green Paper), represents the most thorough and comprehensive analysis of digital copyright policy issued by any administration since 1995. Along with the National Telecommunications and Information Administration (NTIA), the USPTO has played a key role in its production, from gathering public comments to the drafting and releasing the paper .

The Green Paper calls for new public input on critical policy issues that are central to the nation’s economic growth, cultural development and job creation. It is intended to serve as a reference for stakeholders, a blueprint for further action, and a contribution to global copyright debates. The Copyright Office will be reaching out to the public for views on a variety of topics.

Shira states that: “In recent years, the debates over copyright have become increasingly contentious. Too often copyright and technology policies are seen as pitted against each other, as if a meaningful copyright system is antithetical to the innovative power of the Internet, or an open Internet will result in the end of copyright. We do not believe such a dichotomy is necessary or appropriate.

The goals espoused in the paper— ensuring a meaningful and effective copyright system that continues to provide the necessary incentives for creative expression, preserving the technological innovation and free flow of information made possible by the Internet, and delivering creative content in the broadest possible fashion to consumers—are ones that we think can, and must, be accomplished in tandem.

By intention, the Green Paper does not set out substantive policy recommendations, except where the administration is already on record with a stated position. Rather, it seeks to provide a thorough and objective review of the lay of the land—describing changes that have already occurred, identifying areas where more work should be done, and setting out paths to move that work forward. The paper expresses support for efforts underway to address some of the open issues in other forums—notably Congressional attention to music licensing, the Copyright Office’s work on orphan works and mass digitization, and the Intellectual Property Enforcement Coordinator’s facilitation of cooperative efforts by stakeholders to curb online enforcement.”

In the coming weeks, the Copyright Office will begin to move forward on the specific items outlined in the paper for IPTF action:

Establishing a multistakeholder dialogue on improving the operation of the notice and takedown system for removing infringing content from the Internet under the Digital Millennium Copyright Act (DMCA).
Soliciting public comment and convening roundtables on:
- The legal framework for the creation of remixes—user-generated content that uses portions of copyrighted works in creative ways.
- The relevance and scope of the first sale doctrine in the digital age.
- The appropriate calibration of statutory damages in the context of (1) individual file sharers and (2) secondary liability for large-scale infringement.
- Whether and how the government can facilitate the further development of a robust online licensing environment, including access to comprehensive public and private databases of rights information.

If you are a copyright stakeholder you need to continue to engage energetically and productively to develop the best possible copyright policy for the Internet. In order to do this the Copyright Office needs to hear from all affected interests, including those who create works, those who distribute them, and those who enjoy them.

You can add your comments here.

How Can I Help?

– Ex astris, scientia –

Norman

Happy Little Known Satellite Birthday!

August 12, 2013 by nvantreeck

Happy Birthday to the High Energy Astronomy Observatories (HEAO 1) satellite , launched August 12, 1977

Alas, the HEAO 1 only operated until 9 January 1979.

HEAO 1 was primarily a survey mission, dedicated to systematically mapping the X-ray sky every 6 months.

HEAO 1 performed almost 3 full celestial surveys and discovered 1500 new X-ray sources in the 0.2 keV – 10 MeV range of the electromagnetic spectrum. At the time, this was the greatest and most accurate X-ray detector.

HEAO 1 (formerly known as HEAO A) and the two other HEAO spacecraft, actually provided the beginnings for craft like Hubble and Spitzer. Each one of the craft added to our collective understanding of X-ray and gamma radiation and its potential in helping understand the universe.

Although all told the three spacecraft only orbited from the first launch in 1977 to the final splashdown in 1982, they did fundamentally change how we understood this area of space exploration.

Of course, those craft that followed built upon the shoulders of those that went first. So here’s to you HEAO spacecraft, your contribution is not forgotten.

– Ex astris, scientia –

Norman

Reminder: Be On Alert For Fraudulent Solicitations.

August 9, 2013 by nvantreeck

Our readers should be aware that fraudsters continue to target trademark and patent applicants with solicitations that purport to be from the U.S. Patent and Trademark Office or other official regulatory bodies. As new scams continue to surface, it is important to remain vigilant.

The most recent fraudulent trademark solicitation brought to our attention targets international trademarks. The company, Worldwide Database of Trademarks and Patents (WDTP), requests payment of a filing fee for the registration of an international trademark in its Internet database. The official looking communication references the registrant’s trademark, registration number, and registration date. An example of the fraudulent solicitation can be found here.

Unfortunately, theses scams can take many different forms. They often include offers: (1) for legal services; (2) for trademark monitoring services; (3) to record trademarks with U.S. Customs and Border Protection; and (4) to “register” trademarks in the company’s own private registry.

As highlighted by the USPTO, these solicitations increasingly mimic the look of official government documents. For instance, they may include official government data like the USPTO application serial number, the registration number, the International Class(es), filing dates, and other information that is publicly available from USPTO records. They may also cite to other government agencies and sections of the U.S. Code.

How Can I Help?

If you receive any document that references your intellectual property and requests the payment of a fee, it is imperative to conduct due diligence before sending any money. The bottom-line is that if the communication did not come from the USPTO or your attorney, it is most likely fraudulent. Please feel free to check with me for a free 30 minute consultation at nvantreeck@usip.com or call TOLL FREE at 1-855-UR IDEAS (1-855-874-3327) and ask for Norman.

– Ex astris, scientia –

Norman

Astronomy and Law

Astronomy and Law Blog

Monthly Archives: August 2013

Insight Into Patent Valuation

2nd Annual Julia Child and Indian Independance Day Celebration

Oracle Vs. Google, Copyright War Round 2.

I Can See You!

Another Costly International Trademark Battle for Apple.

Yesterday’s Pictures Today!

USPTO’s Latest Roundtable to Tackle Requests for Continued Examinations

The Copyright Office Wants to Hear from You on Copyright Policies in the Digital Economy.

Happy Little Known Satellite Birthday!

Reminder: Be On Alert For Fraudulent Solicitations.