What Does A U.S. Patent Protect?

A U.S. patent is a legal document that provides a monopoly and allows the patent owner to exclude others from making, using or selling an invention in the United States. A United States patent will not protect an invention outside of the United States. If a patent owner intends to protect an invention outside of the United States, then the patent owner will have to acquire patent rights for the invention in each country in which the patent owner wants the invention protected.

In Which Countries Should I Seek Patent Protection?

To answer this question, you should consider in which countries you: (1) intend to sell your invention; or, (2) are willing to enforce your patent rights. Many large businesses, for example pharmaceutical companies, will seek patent protection in almost every country in the world because those businesses have the resources to sell their products and enforce their patent rights worldwide. On the other hand, smaller businesses may only seek international patent protection in one or two countries because those businesses have less resources. In many cases, the decision of determining in which countries to seek patent protection can only be made after a product has been market validated and a business understands the potential for sales in certain countries. Typically, a business will need time to properly validate and market test a product.

What is A PCT Patent Application?

One strategy for delaying the decision of determining in which countries to seek patent protection is to file a PCT patent application. A PCT patent application is a patent application filed under the Patent Cooperation Treaty. The Patent Cooperation Treaty is an international law treaty that provides a procedure for filing patent applications in multiple countries. The PCT patent application allows an applicant to simultaneously seek patent protection for an invention in over 140 countries throughout the world.

After filing a PCT patent application, an applicant will eventually have to choose the countries in which the applicant desires to seek patent protection. This next step of the PCT patent patent application process is known as the “National Phase”. An applicant must enter into the National Phase within 30 – 31 months after the earliest priority date of a PCT patent application. This means that by initially filing a PCT patent application an applicant could essentially provide a business with up to 30 – 31 months of time in order to investigate which countries the applicant should sell its product.

When should I NOT file a PCT application?

Many times the answer to this question will depend on how certain you are as to the amount of foreign countries in which you intend to seek international patent protection. In the National Phase of a PCT application, an applicant is required to pay additional fees for every country that an applicant has chosen to seek patent protection. If an applicant is very certain that he or she will only choose to seek patent protection in one or two foreign countries, then it is more economical not to file a PCT application. In such a case, a business should probably file in each foreign country directly. This strategy will reduce the overall patent filing costs for an applicant.

Additionally, a PCT application should NOT be filed if a public disclosure or attempted sale of an invention is made before the first filing of a patent application. Public disclosure of information about an invention for up to a year prior to filing a U.S. patent application is permitted in the United States. However, disclosures can invalidate an applicant’s right to patent protection in many foreign jurisdictions. Given that filing a PCT patent application can be an expensive process, I recommend seeking advice from a patent attorney familiar with foreign patent filings before deciding on whether to file a PCT patent application.

The PCT patent attorneys at The Plus IP Firm help businesses and inventors protect their ideas, concepts and creations with patents, trademarks and copyrights. The patent attorneys at The Plus IP Firm have helped numerous businesses file patents and trademarks in numerous foreign countries. To discuss your options, click here to schedule a free telephone conference with one of our experienced patent attorneys. To learn more information about patents, click here. 

Derek Fahey is a registered patent attorney. The Plus IP Firm, PLLC, is an intellectual property law firm dedicated to serving the South Florida area. We help companies and individuals protect their ideas and creations using patents, trademarks and copyrights.

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Systems are an essential element of any organization, and are absolutely critical to ScaleUP – they are manifested in the form of Policies and Procedures Manuals, tailored to each organization and operating division thereof. Policies are designed to influence and determine all major decisions and actions, and all activities that take place within the boundaries set by the underlying policies. Procedures are the specific methods adopted to express policies in action in day-to-day operations of the organization. Implementing the right Policies and Procedures will go far toward ensuring compliance with laws and regulations, while offering decision-making guidance and serving as a roadmap to streamline internal processes.

When properly created and deployed, policies and procedures help organizations get organized, save time and money as well provide a step up to ScaleUP your organization.

The most important part of integrating them into your organization is to make sure they are followed by everyone from the top leadership to those just starting out. They provide a framework with detailed instructions for every aspect of running your organization.

Policies and Procedures are the foundation for all your business processes. Done correctly, they provide consistency. They provide a detailed framework for employees to understand what is expected of them and what they can expect from the organization.

The importance of developing and implementing written Policies and Procedures that cover legal issues that may come up, including operational conditions, ethical concerns, human resources issues and more, cannot be overstated. It is equally essential for all staff members – employees and independent contractors alike – to be provided with copies of all Policies and Procedures before starting their position, and to “sign off” and confirm their adherence to same.

There are several types of Policies and Procedures/Manuals, which most organizations should consider, ranging from Operations to Sales & Marketing to Human Resources, to name a few. Within these Manuals, below are our suggestions for the top  policies that should always be included:

• Quality/quality control
• Environmental
• Codes of Conduct
• Corporate Social Responsibility
• Employment (Hiring/Recruiting, Equal Opportunity/Inclusion) including Independent Contractors
• Purchasing
• Use of Internet, email, social media
• Hiring/Recruiting – Equal Opportunity/Inclusion
• Customer Service
• Product Sales/Purchasing
• Compensation & Benefits
• Workplace Safety
• Non-disclosure

The number of and types of policies an organization should develop will depend on several factors including: the legal structure of an organization, the type of products and/or services sold and delivered, the staffing of the entity, whether there is a physical location, and so on.

Structure within growing companies is so essential to the company’s ability to ScaleUP. Systems help you to duplicate, grow, maintain good company health, retain quality staff and set the organization up to ScaleUP and/or be ripe for sale/exit (or both). The time spent creating and implementing these Policies and Procedures will result in having more time to focus on company growth and profitability.  Having the right Policies and Procedures in place will also address issues such as succession planning, expanding, etc.

ScaleUPCheckUP helps growing organizations create policies, procedures, manuals and so much more. We have many strategic partners whose sole focus is on building custom Policies and Procedures Manuals (systems) for ScaleUP businesses!

ScaleUPCheckUP is here and it is a game-changer.

The game is about to change – are you ready?

To ensure a solid foundation for growth, try our ScaleUPCheckUP assessment now: ScaleUPCheckUP.com/assessment.

And, ScaleUPCheckUP has built a vetted network of high-touch advisors – INCLUDING AMAZING POLICIES & PROCEDURES/SYSTEMS EXPERTS – who are at-the-ready to serve all of your business’s professional needs and, most importantly, to protect your business as you grow.

ScaleUPCheckUP’s blog, website, newsletter and other forms of communication contain general information about legal and related matters. The information is not legal advice and should not be treated as such. You must not rely on the information on this website as an alternative to legal advice from your attorney or other professional legal services provider. If you have any specific questions about any legal matter you should consult your attorney or other professional legal services provider.

The post Save Time and Position Your Company to ScaleUP appeared first on E-Council Global.

Boca Raton, Florida, October 24, 2018 – Having a scalable business means that your company’s legal structure, compliance initiatives, and risk management posture are proactively optimized and harmonized – setting a solid foundation for growth.  ScaleUP Enterprises offers an innovative approach to solving business risk challenges for growing organizations. This approach begins with the ScaleUPCheckup web assessment tool – recently featured on Inc.Com in “The 5 Biggest Mistakes Every New Entrepreneur Makes When Launching a Startup.”

According to Lauren Cohen, Esq., Founder of ScaleUPCheckUP, “Over time, we have consistently observed the challenges and consequences faced by growing businesses that haven’t planned adequately against risk – and a gap in the availability of affordable services that address risk comprehensively. ScaleUp Enterprises offers the solution. Our expertise spans years of experience providing legal and business consulting, assisting companies with risk exposures which hadn’t been fully anticipated in earlier stages of business operation.”

About ScaleUPCheckUP: The newly-launched ScaleUPCheckUP web assessment offers an easy starting point for benchmarking risk readiness. Within 5 minutes, this web assessment tool will deliver an indexed score of your ScaleUP readiness, based on a set of codified intelligence and know-how.

ScaleUPCheckUP delivers through ScaleUP Ambassador Network, a VIP professional resource network comprised of professionals spanning business legal and financial areas of expertise. Ambassadors oversee and coordinate the strategic network and vendors relationships, ensuring that client members are receiving coordinated, quality services from the right professionals at the right prices and on the right timeline. ScaleUP’s complementary goals are to “Bulletproof Your Business” and “Get it Done – Right”!

About Lauren Cohen: Global entrepreneur and #1 bestselling author (‘Finding Your Silver Lining in the Business Immigration Process” – 2017), Lauren A. Cohen is an attorney licensed in both the U.S. and Canada. Ms. Cohen is an expert concierge immigration and business advisor boasting a stellar track record of success. In 2008, Lauren started e-Council Inc., an internationally-acclaimed company focused on providing concierge strategic full-service solutions for businesses seeking capital and foreign entrepreneurs seeking access to the U.S. market. Continuing in the tradition of sound strategic solutions, ScaleUP Enterprises, LLC was established in 2018 and ScaleUPCheckUP is Lauren’s newest initiative, designed to impact entrepreneurs and business owners globally seeking to protect their businesses with strong foundations.

ScaleUPCheckUP’s office is located at 874 Walker Rd. Suite C Dover, DE 19904. Call 866 724 0085 or email Lauren@scaleupcheckup.com.   Ms. Cohen is available for speaking engagements, interviews and/or to submit articles for publication. To learn more, visit https://www.scaleupcheckup.com.   To take the free ScaleUPCheckUP Business Success Assessment visit: https://www.scaleupcheckup.com/assessment/.

Media Contact:

Heidi Richards Mooney

Redhead Marketing, Inc.

Heidi@RedheadMarketingInc.com  

The post The NEW ScaleUPCheckUP Web-based Assessment Benchmarks Your Risk Readiness appeared first on E-Council Global.

By Lauren Cohen, Esq. (TN & ON) – Founder, ScaleUPCheckUP.

Finding and working with proper legal counsel is crucial, especially where your business is concerned. While you may not need legal guidance on a day-to-day basis, often where having the right representation and counsel in place before situations arise will save you time, money and consternation.

A strong client-attorney relationship is built on a foundation of trust – it is almost that of a fiduciary (A fiduciary is a person who holds a legal or ethical relationship of trust with one or more other parties – Source: Wikipedia) and should not be taken lightly; choosing the right professionals from whom to seek counsel and advice regarding the multitude of legal and related matters that will face your business as you grow is critical to your ultimate success as a business owner, and your ability to scale successfully. It’s important to hire professionals with whom you feel comfortable and secure; people who will coordinate and help manage your growth, handling the important foundational and structural matters so you can focus on scaling your business to the next level, and beyond.

Accordingly, below are what we consider to be the top 6 items to consider when hiring attorneys for your business:

How much experience they have in your industry. Ask good questions such as similar businesses with which they has worked, the outcomes achieved, and identifying some of the potential risks inherent in your industry. In traditional settings, you may want to ask for references ie: other business owners that you can contact to inquire about the professional services, their delivery, response time, quality and quantity of work product, etc. However, when working within the ScaleUP model, these steps will not be necessary as all service providers will be pre-vetted and certified as ScaleUP Ambassadors or Vendors in order to be

included in the ScaleUP professional resource team.

Look for a good fit. The “fit” includes someone with whom you have a quick and easy rapport, who understands your situation and business model and indicates an interest in your business and long-term goals. The professional should be responsive, appear competent and demonstrate the level of experience needed to handle the type of issues your business is likely to encounter. For example, an automotive repair shop would likely have different issues than a tech company and a different type of professional would be needed.

Find out how much time is generally spent litigating cases (going to court) versus negotiating resolutions to issues at hand. Mediation can often save companies thousands of dollars, so you want to work with counsel who is more oriented to negotiate than to “take someone to court,” without first making every possible attempt to negotiate a mutually agreeable settlement.

Work with attorneys who collaborate with experts in areas that complement their specialty area. These attorneys can help you put the right Agreements in place, obtain the right insurance, work with the right CPA, find the right banker, consult with the right financial advisor and a whole plethora of other guidance to set your business on the right track.

Ask if the professional or ScaleUP has any other clients or interests that might pose a potential conflict to representation. This could include competitors, former business partners and anyone who might have had or currently has an interest in your company or affiliated companies – or in you personally – in the past. If conflicts are evident, then you can choose if you would be comfortable sharing confidential information with the professional and/or ScaleUP and you will likely need to sign a conflict waiver.

Remember to inquire about fees. How and when the professional bills, what the fees are for certain things, what forms of payments are accepted, if there are surcharges for credit card payments, etc. In many cases, ScaleUP Ambassadors or Vendors are guided by standard fee schedules and at least to some degree

adhere to the fees set by ScaleUP, with variations depending on particular circumstances, locations, complications, or client needs. Standard fees could include: preparation and filing of documents such as incorporating a company, preparing and filing a trademark application, preparing a standard Agreement, reviewing generic Agreements, etc.

Once you have chosen the right professionals to work with you and your company, you will be in a much better position to focus on the sales and marketing and related elements needed to scale your business correctly. Get the broccoli covered so you can focus on the ice cream

ScaleUPCheckUP is here and it is a game-changer. The game is about to change – are you ready? To find out if YOU are at risk, take the ScaleUPCheckUP Assessment NOW: https://www.scaleupcheckup.com/scaleupcheckup-assessment, or contact us at info@scaleupcheckup.com or 1-866-724-0085 for more information.

While the above is not and should not be considered legal advice, since each individual’s circumstances vary, ScaleUPCheckUP monitors these rapidly developing issues, as enforcement of the law switches into high gear. Instead, the foregoing is intended as an overview and not legal advice, nor does it create an attorney-client relationship. However, contacting an attorney to steer through the maze of bureaucracy to register and defend a mark may very well be necessary to consult an attorney.

ScaleUPCheckUP’s blog, website, newsletter and other forms of communication contain general information about legal and related matters. The information is not legal advice and should not be treated as such. You must not rely on the information on this website as an alternative to legal advice from your attorney or other professional legal services provider. If you have any specific questions about any legal matter you should consult your attorney or other professional legal services provider.

The post Top 6 Considerations When Hiring Counsel for Your Business appeared first on E-Council Global.