Monday, February 20, 2012
Possible Infringer Disclaimers
All Possible Infringers Might Not Really Infringe
But Thieves Fool Investors Pretending To Own Stolen Intellectual Property
Fact Or Fiction?
Alleged Or Real Infringement? They are alleged copycats. Infringers steal ideas. But intellectual property theft allegations are not fact until proven.
Liars: Deception by stating your electronic invention, or other material does not infringe another party can be a serious crime.
Improperly Interpreting Infringement:
Many incorrectly use "infringer" or "infringement" to describe what might be intellectual property (IP) theft. Also infringement can view differently by each country. So one country's court's definitions of IP theft may not apply to other jurisdictions.
IP Thieves Tricking Company Investors:
Investors often place more value in a companies alleged IP assets than any other aspect of a company. Should an infringer actually lack IP rights, an entire electronics manufacturer can go belly up. Manufacturers should tell their venture capitalists that there is a chance of there being an electronic IP infringement. Otherwise the venture capitalist (VC) or other investors such as employees working for sweat equity can sue the alleged infringer for false disclosure. Unethical electronics infringers often fail to notify investors and can go straight to jail.
Patent Rights Infringement:
Users of another's patent rights can seek a license. Patent rights infringement typically uses or sells another's electronic invention idea without permission. Large companies often steal IP from small companies and poor inventors without international legal resources.
The scope of what might illegally copy patented inventions can be the "claims" section of a patent pending or granted patent. What are claims? Claims inform the world what the inventor believes is the unique aspect of the invention that is to be protected against copycats.
National limits to patent rights: Unfortunately patents are territorial. You need a patent filed in the countries where protection from patent infringement is sought. For example, you might want a patent from the European Patent Office (EPO) www.EPO.org and the United States Patent Office (USPTO) www.USPTO.gov. Patent filers need to file in those patent offices. It can be cheaper to file international patent applications through the PCT process through the EPO, USPTO, or Inovia www.Inovia.Com. Inovia’s patent filing services is one of the most popular ways to get international patent coverage through ethical patent attorneys (hard to find).
Patent attorneys often make patent infringing clients believe they can get away with electronic patent infringement. Unethical patent attorneys also find clever ways to charge higher patent lawsuit fees than clients originally expected. Flat fees to protect infringers are very rare. Innovation Institute LLC reminds everyone that patent infringement can very complicated and rarely a black and white matter. But there will be a winner and loser in court, with the loser often having to pay triple damages plus the winners' legal costs. Innovation Institute protects its patent applications by filing the world's largest known electronics patent applications to make infringement harder. Wikipedia www.en.wikipedia.org/wiki/Patent_infringement
Provisional Patent Rights:
Patent pending inventions, which are published, then stolen by provisional patent right infringers: said provisional patent right violations can result in huge penalties. www.ProvisionalPatentRights.com warns against stealing patent pending inventions.
Indirect Patent Infringement Is Serious: There are countless types of indirect patent infringement. Limited indirect patent infringement examples:
Helping a party infringe is a form of indirect patent infringement. Anyone shipping, selling, buying or using the electronics can be contributing to the infringement.
Provisional patent rights on indirect patent infringement may also apply.
Trademark infringement steals another's trademark. Trademark infringement (TI) is when the possible or proven infringer steals an identical or similar trademark from another T.M. user. Trademarks may or may not be registered with the government's trademark office. Non-registered trademarks are commonly used and infringed in places such as the US and Europe.
Trademarks Outliving Patent Rights:
Good electronic inventions often have trademarks. While patent rights might last about 20 or more years per Innovation Institute LLC, properly used trademark rights can last much longer.
Alleged trademark infringement may not actually be an infringement. See TMDisclaimers.Net
Determining Actual Trademark Infringement:
Actual Trademark Infringement - Could Be Determined By One Or More Infringement Criteria. Possible T.M. infringement criteria may be one or more of the following trademark uses:
1: Feigned ignorance by the provisionally infringing trademark user. What dog and pony show is the T.M. defendant telling the courts?
2: Confusing Similar Trademarks: Confusion is one of the measures that might be analyzed for T.M. infringement. Trademark attorneys and judges look at many factors to differentiate between possible and actual infringement. They include:
3: Defendant's perceived intent in selecting the trademark
4: Willful and deliberate T.M. infringement: The infringer-ignored requests to stop using the trademark front the "alleged" T.M. owner.
5: Ethics: will private investigators discover a history of any unethical actions by the alleged infringer and/or their management in or outside the organization?
6: Provisional infringer’s intent to hurt the alleged rightful trademark owner.
7: Location: Geographical proximity of the goods to the alleged infringed party
8: Honest face: how honest does the alleged infringer “look”? This is not a legal criteria, but one that may influence the outcome. Judges are busy and tired of tricky copycats hiding behind their trademark attorneys.
9: Likelihood of expansion of the invention lines
10: Similar on and offline marketing channels used by interfering parties
11: Identical T.M. is not required to constitute T.M. theft: Detailed analysis into trademark similarity
12: Strength of the trademark
13: Category: Type of goods and the degree of care likely to be exercised by the purchaser
14: Web searches that bring up the same or similar trademarks
15: Find ethical intellectual property attorneys for details and analysis as to how this unwarranted posting might give you points to ponder.
Illegal use of material protected under copyright. This includes infringing copying the writer's exclusive rights to digitized content such as articles, books, music and software. Copyright is about the form of expression, while patent theft is about stealing the concept behind the invention. Copying IP without written permission from the copyright holder is a serious crime.
See Wikipedia on copyright infringement www.en.wikipedia.org/wiki/Copyright_infringement
Failure To Disclose Prior Art:
A party concerned that there is some chance intellectual property they are using or selling should disclose this fully. Anyone investing money or time might sue the infringer, along with the real intellectual property owner. All harmed parties might even file a case together against the alleged infringer.
Patent & Trademark Filings Not Disclosing Possible Infringement:
Hiding related prior art from patent and trademark examiners can result in complete loss of the IP rights that might have existed.
Web Research Ideas For Inventors & Manufacturers:
2: Brainstorming Versus Fact: Search brainstorming and warnings. This site is for experienced people to get ideas for brainstorming BrainstormRights.Net without actually providing conclusions. Brainstorming puts out draft content otherwise known as beta content. Search the evolution of beta content and how it might evolve through innovation. Beta content is not finalized. See BetaContent.Com
3: Politics of Innovation: Don’t presume the best idea wins. Adapt innovation to the organization and cultural context. Search politics of innovation and study www.PoliticsOfInnovation.Com to understand the non-legal reasons for non-adoption of innovative breakthroughs.
4: Tricky wiggle room language: Watch for fine legal print. Search “wiggle room” and visit NoWiggleRoom.Com. Tricky language by deceptive people dog and pony game www.DogPonyGame.Net used by unethical infringers, fraudulent marketers and politicians pretending to be “such a nice person”.
5: Wrongful accusations of being some patent troll. Inventing and manufacturing require different electronic skill sets. Institutes from Stanford to Tokyo University develop inventions for licensing, and might be incorrectly labeled as patent trolls seeking royalties. www.en.wikipedia.org/wiki/Patent_Troll. Patent laws reward inventors for hard work. Patent trolls, also called non-practicing entities (NPE) buy patents for litigating. If you are infringing, hope that you are infringing an institute, as they may be more humane unless you play a dog pony IP theft show avoiding royalties. Institutes are uniting against willful infringers by limiting legal wiggle room. Search patent troll, non-practicing entities and institutes.
6: Free Patent Rights Creates Local Jobs. Consider local electronic manufacturing. Intellectual property owners can offer free patent rights in a large country in exchange for helping manufacture the invention. www.MakeItInCalifornia.com gives free electronic patent rights if you launch the invention. The IP owner earns patent royalties from other countries.
Attorneys: Find ethical intellectual property attorneys. This article and blog may not have input from licensed intellectual property practitioners.
Unauthorized links to this site: Sites are requested to abstain from linking to this IP page without permission. This and linked disclaimers applies to Invention Springboard ™, Innovation Institute ™ plus their affiliates, and other organizations. While requesting no links to this IP warning page may not be practicing copyrights, it could be an ethical matter if the linker implies the link was authorized. This is not a legal advice page for linkers.
Don’t presume Asian companies are responsible for most infringement. Deceptive western electronic manufacturers practice illegal I.P. theft as well.
Free links about electronic patent rights: Start at www.ElectronicPatentRights.com.
Don’t take anyone’s statement that they own intellectual property rights for granted. Also don’t presume infringement allegations stated or implied, as being factual infringement is indeed a fact until the court decides.
Conclusion On Miss Interpreting Intellectual Property Theft:
Proving actual infringement is complicated. Since infringement is often an uncertain affair, disclose possible infringement or suffer the consequences. Be honest. Disclose, disclose, disclose priority art related to your I.P. Enjoy researching and sharing intellectual property rights, infringement, government technology I.P. policy, future electronic product trends, and interesting electronic inventions at www.InnovationInstituteBlog.com