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Trolls, imitators and lawsuits: what you need to know before registering a patent, brand or trademark - voila! Marketing & Digital

2023-05-22T18:10:36.503Z

Highlights: Patents have a positive impact on society as they promote innovation and help develop new products. Filing a patent for an invention is an important step on the way to establishing a successful company. Registration not only helps the company grow but is often a significant differentiation and protects the invention, so that it can be sued in case of copying. A patent also protects the company's market share, for example, back in 2000 Amazon registered a. patent for one-click online shopping (without the need to fill in your name, address and. credit card details)


Just before you run to register a patent and fantasize about the exit, it is important to understand in depth the trends in the field of innovation and how they affect you, or trolls will steal your invention


GM anti-fingerprint patent(photo: image processing, manufacturer)

The percentage of patent applications has continued to grow steadily in recent years, and last year even broke a world record. And what is the situation in Israel? Whether it's private entrepreneurs who want to beat the cost of living, well-known high-tech companies or military developments, one thing is certain: in recent years there has been a significant and prolonged increase in the number of patent applications in Israel.

According to WIPO, the international intellectual property control organization, Chinese telecom giant Huawei remains the most prolific patent filer of 2022 with more than 7,600 filings. South Korea's Samsung came in second, followed by American Qualcomm, Japan's Mitsubishi and Sweden's Ericsson.

Worldwide, patent applications have risen to more than 278,000 in 2022, breaking records, as this is the highest number of patents ever registered in a single year. WIPO Chief Economist Carsten Fink noted that this is the 13th year of relentless growth in the number of patent applications, demonstrating the high investment by companies in research and development, and proving that innovation remains robust despite economic uncertainty around the world.

A prominent and growing trend in the field of patents - green innovation

The environment is high on the global priority list, and this is reflected in the many new inventions and technologies that are coming to the world. Innovation plays a vital role in combating climate change. Reports published late last year by the UK's Intellectual Property Office related to the government's plan for a "green industrial revolution" show that the number of green technology patents filed worldwide has increased significantly over the past few years.

According to the reports, both wind energy and green vehicles have shown a 300% increase in global patents over the past 10 years. Patents for low-carbon hydrogen have more than doubled, patents for flood and coastal protection have seen an increase of more than 250%, and patents relating to heat pumps have increased by more than 200% in the last five years.

Why is it important to file a patent and what should I pay attention to when filing?

Patents have a positive impact on society as they promote innovation and help develop new products. Filing a patent for an invention is an important step on the way to establishing a successful company. Registration not only helps the company grow but is often a significant differentiation and protects the invention, so that it can be sued in case of copying.

A patent also protects the company's market share, for example, back in 2000 Amazon registered a patent for one-click online shopping (without the need to fill in your name, address and credit card details), making it a leader in the field with a significant advantage. Amazon even sued all of its competitors when they tried to copy the patent.

In addition, registration helps to brand companies and products and gives the possibility to write on the product "patented".
When starting the patent registration process, it is important to ask yourself whether it is enough to register the patent only in one country or whether it is better to do it globally. In addition, it is recommended to familiarize yourself with the law of the country in which the patent is filed. Under American law, for example, it is not possible to file a patent application if the invention was used publicly or sold more than a year before it was filed.

In 2020, plastic packaging company Plastipak sued its competitor Premium Waters for infringing twelve patents related to the neck finish of plastic bottles. Premium countered that the patents were invalid because a person named Falzoni, an employee of Plastipak and a co-inventor of the patents, was not included in the registration. This example illustrates how important it is to pay attention to details and follow the rules throughout the registration process so as not to make fatal mistakes.

There are also trolls in the field of patents

We're used to hearing about lawsuits against big companies like Google, Samsung and Apple, but a new report reveals that even smaller companies have become fairly common targets of patent infringement lawsuits by so-called non-practicing entity (NPEs), meaning companies that buy patents only for the purpose of prosecuting infringement, even though they do not intend to develop them.

A study by intellectual property analytics firm HighTech-Solutions found that more than 52% of companies targeted by NPEs between 2017 and 2022 had annual revenues of less than $25 million. In addition, more than 61 percent of the defendant companies did not have patents of their own, and another 12 percent owned fewer than 10 "patent families" (a patent family is a collection of similar patents related to the same invention), according to the report, which examined more than 6,100 lawsuits.

By comparison, companies with 500 or more patent families accounted for only 10.4% of claims targets, despite the fact that these businesses typically have a broader product offering and higher revenue. Such a lawsuit is time-consuming, especially for businesses that do not have the legal resources to address such issues.

The study was commissioned by the LOT Network, a nonprofit organization dedicated to helping small and large companies work together to limit the effects of patent lawsuits by NPEs, sometimes referred to as "patent trolls."

Don't forget to register your trademark or commercial brand

The name of a brand or company is also something that is important for you to make sure to write down. We often witness a clash between companies over the use of the same name, even when it comes to giant companies. Apple Corps was very angry with Steve Jobs when the latter decided to call the technology company he founded in 1976 Apple Computers. The record company sued Jobs' company and it ended in a settlement whereby Jobs' Apple would never enter the music industry. Since then, Apple has managed to create the Apple Music app, iTunes and more, since in the final weighing, it is more profitable for it to violate the contract than to meet its terms. Maximum will sue her.

Another famous case shows us that sometimes, the controversy surrounding the registration of a name can be harnessed to a marketing campaign. Have you ever wondered what WWE means? The truth is that at first it was a boxing organization called Titan Sports that decided to change the name to WWF, the World Wrestling Federation. But the World Wildlife fund, which had the same name, didn't really like it. After a legal battle, the wrestling association was forced to change its name to WWE, changing the word federation to Entertainment. They harnessed this to a witty and successful marketing campaign that ran under the slogan: "Get The F Out."

Finally

As part of capitalism, companies invest part of their profits in research and development so that they will yield higher profits in the future. But patenting is known to be an easy field to make disastrous mistakes and find yourself vulnerable to lawsuits. This is even more true in the midst of the AI revolution, which drastically accelerates research and development processes as well as copying and theft of intellectual property. Theft can be expressed at the patent and invention level, but also at the brand name level.

Adv. Reut Goldman is the CEO of the Geometrics Group and an expert in innovation and technology, a member of the Helsinki Committee at Beilinson Hospital, and a member of the Board of Directors of the Trustees of Schneider Children's Hospital.

  • Marketing & Digital
  • Entrepreneurship

Tags

  • Patent
  • Claims
  • Trademark
  • brand
  • Brands
  • Private Label

Source: walla

All news articles on 2023-05-22

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