What You Need To Know About Textile Patents

The textile industry has always been an innovative one. It’s also one of the oldest industries, dating back nearly to the dawn of civilization.

Despite the long history of textiles, there are still plenty of innovations to be made. These may include a trendy new fabric design that’s the talk of the runways in Milan or a woven fabric that could function as an implantable medical device. Regardless, some form of intellectual property, or IP, protection may be necessary.

A closer look at the history of textiles and its relationship to intellectual property will make this clear.

History of Textiles

From the Latin word “texere,” meaning “to weave,” textiles typically are flexible materials composed of networks of either artificial or natural fibers, which usually are called yarn. The yarn is then pressed, knotted, crocheted, knitted or woven into a textile.

Some of the earliest examples of textile manufacture date back to the sixth and seventh centuries BC in Europe. India was spinning cotton as early as 3,000 BC and was manufacturing silk by 400 AD. Egyptians began spinning and weaving linen around 3,400 BC while the Chinese started spinning silk around 2,600 BC.

Raw wool was the most commonly used textile material for centuries. Some societies also used flax or cotton. Textile operations were small, perhaps just a single cottage in a village where manufactured goods were painstakingly produced by hand.

In the latter half of the 18th century, the dawn of the Industrial Revolution permanently changed the textile manufacturing landscape. Hand production became less prominent during the following decades, and machines powered by steam or water dominated factories across Europe and America.

Innovations like the spinning jenny and the flying shuttle made it easier than ever before to produce mass quantities of textiles. Of course, all of these machines and their component parts needed IP protection, and so did some of the textiles that they were used to manufacture.

Textiles & Intellectual Property

Improvements in the manufacture of textiles go hand-in-hand with IP protection. An inventor who makes a significant improvement on a sewing machine or who builds an entirely new weaving machine certainly will want to seek patent protection for it.

However, other forms of IP protection also may be appropriate. It is possible to protect a new fabric or other textile with a design patent, which is directed to a “new, original, and ornamental design.” Obtaining design patent protection usually is less complicated than obtaining a utility patent, yet it still provides valuable coverage. Any non-functional aspect of the design may be protected, and this protection extends for a period of 14 years.

Alternatively, it may be appropriate to seek a trademark registration for a textile. In the U.S., trademarks function as source identifiers. It is possible for a fabric design as well as a footwear or clothing design to be protected as a trademark. Obtaining a trademark registration for a textile can be tricky as the U.S. Patent and Trademark Office does not consider such designs “inherently distinctive.” Instead, the applicant must demonstrate a secondary meaning or some level of acquired distinctiveness before a registration is issued. A trademark registration can be maintained in perpetuity as long as the registered mark continues to be used in U.S. commerce.

Copyright Protection for Textiles

The other alternative is to seek copyright protection on a new and innovative textile. In the U.S., a copyright protects original works that are fixed in some tangible form. “Useful” articles that perform a basic function are not eligible for copyright protection. Accordingly, a design for a new pair of shoes or an overcoat would not be able to be protected by copyright.

Nonetheless, any original, non-functional design may be able to become a registered copyright. Although registration is not required in order to hold a copyright, it is recommended as it provides the owner with additional opportunities before the law to pursue anyone who infringes the registered copyright.

Contact the Williams IP Law

If you have invented a new and innovative textile or have made an improvement to a machine that manufactures textiles, then it’s wise to consider whether or not formal IP protection may be needed. When you hold a patent, registered trademark or registered copyright, then you may have the right to prevent others from producing a similar textile or copying your manufacturing improvement.

Contact Jeff Williams today to schedule a consultation to discuss this and other IP-related matters.

Oil & Gas Patenting Trends and Innovation

The oil and gas industry has always been an innovative one. Over the decades, drilling for natural resources has required ever-more-sophisticated technology to tap into reserves that were unknown or impossible to exploit for earlier generations.

Consequently, the oil and gas industry has always pursued a multitude of patents. While that remains true, the protected technology has certainly evolved. Keeping up with these trends makes it possible for entrepreneurs and organizations to stay on top of the industry and remain competitive.

Patent Filing Trends

Today, most oil and gas industry patents are focused in areas such as:

  • Earth drilling;
  • Geophysics;
  • Metalworking technologies; and
  • Climate change–mitigation technologies

Earth drilling is by far the most frequently used technology in the field. It comes as no surprise then that most industry patents cover some aspect of this technology.

In an interesting trend, as the world emerged from the Great Recession that began in 2008, patent filings increased overall. However, patent applications in the oil and gas industry did not experience quite the same robust growth rate. Moreover, the focus of these patent applications had definitely switched to the areas listed above, with hydraulic fracturing receiving an even greater emphasis.

Patent Innovation for Hydraulic Fracturing

Hydraulic fracturing, which commonly is referred to as fracking, involves cutting-edge technology in this field. A fracking fluid is pumped into an oil well under extreme pressures. The introduction of the fluid causes underground rock formations to fracture. These fractures stimulate the production of oil and gas.

Fracking techniques may be combined with horitzontal wells to reach previously unobtainable reserves.

Since 2006, oil and gas companies have filed approximately 1,000 patent applications related to fracking technology. The number of filings in this area has steadily increased each year, with the covered technology relating to both the tools and methods that are needed to exploit oil reserves.

Many players in the industry are seeking coverage for other technologies that are related to fracking. These may include systems and tools for monitoring fractures and proppants, finding the best positioning for horizontal drilling operations, controlling the heat resistance of fracking fluids and treating the waste products that are left over from the use of fracking fluid.

Trend in Patent Infringement Cases

As companies in the oil and gas industry have increased the number of patent applications they are filing, the opportunities for infringement have multiplied. Recall that the innovations that are disclosed in a patent application are afforded some level of protection as soon as the application is filed. The U.S. is now a first-to-file country, which means that the first party to file an application for a given technology is regarded as the first to have come up with the idea.

Accordingly, it is possible for patent applicants to begin informing others of their rights whenever they suspect that a competitor is somehow using their proprietary technology. The publication of the patent application, which frequently occurs approximately 18 months after filing, can serve as notice to competitors that they may be infringing.

Key Countries For Oil And Gas Innovation

Research suggests that most oil and gas industry related patents are being filed in the United States, China and Japan. Consequently, it is sensible for inventors or their employers to file patent applications at least in the U.S. to protect their ideas. It also may be worthwhile to consider filing national-phase applications in China, Japan and elsewhere that the technology may be used or infringed upon.

Contact Williams IP Law

The legal professionals at the Williams IP Law have considerable experience in the oil and gas industry. In the course of their practice, they have filed U.S. as well as PCT and national-phase patent applications. Partnerships with other intellectual property attorneys around the world make this a cost-effective and convenient process.

If you have an innovation that you would like to protect with a patent or are concerned that a competitor is infringing your rights in the oil and gas industry then it’s time to schedule a consultation with Jeffrey Williams.

IP Law 101: Patent Trolls and What to do if You Meet One

What Are Patent Trolls?

Patent trolls are a lot like the threatening creatures from fairy tales that guard bridges and demand a high price for access. Rather than trying to develop or market a useful new product or process patent trolls try to earn a profit by accusing others of infringement. Their efforts tie up the U.S. court system with frivolous litigation, stifle innovation and put many small companies and individuals out of business.

A patent provides the owner with the right to prevent others from making, selling or offering for sale the invention described in the patent. Should an individual or company infringe that patent the patent owner has the right to demand that the infringer cease that activity. This can include threatening to file a lawsuit or actually moving forward with filing. Litigation is expensive and risky. Many companies accused of infringement are anxious to settle with the patent holder as long as it keeps them from going to trial. There are various means of settlement. The patent owner may agree to license the patent to the infringer. The infringer may also agree to cease the infringing activity, and may pay an agreed-upon amount to make up for lost sales of the patent holder.

How Patent Trolls Work

Knowing that Texas companies and individuals accused of infringement are typically willing to avoid litigation at all costs, patent trolls make it their business to routinely accuse others of infringement. They pick up patent rights not through innovation and hard work, but by purchasing patent rights from owners who are having difficulty monetizing their invention. The owner agrees to sell the patent to the troll in a last ditch effort to capitalize on their invention. Now that the patent troll owns the patent they are free to aggressively seek out anyone who might be infringing that patent.

It’s never pleasant to receive a threatening letter that suggests patent infringement and the possibility of a lawsuit. In fact, it often leads the recipient to panic. They might consider ignoring the letter or anxiety may push them to immediately capitulate to the patent troll’s demands. The better option is to remain calm and do a little research. An Internet search may reveal that the party behind the lawsuit is an entity known as a patent holding company or patent assertion entity. By looking at public court records and other documents, it should be fairly easy to determine whether or not the letter came from a patent troll.

What to do if confronted by a patent troll

Do Your Research

Start with a basic patent search to get a basic understanding of the patent. There are also resources where you can pull legal dockets surrounding the patent to see if there is a history of litigation surrounding the patent.

Contact a IP Law Attorney

Patent trolls have a couple tactics that have unfortunately worked for them.

  • They will send demand letters can come with a short deadline, this is meant to scare you into answering out of fear.
  • Another tactic is they will mass mail threats to unsuspecting organizations and then focus their attention on the companies that respond.

Just because you received one of these threatening letters it doesn’t mean a lawsuit will even get filed. Let us help you find out what you are dealing with.

Intellectual property attorneys have extensive experience and education that allows them to assess patent infringement claims. They can determine whether or not the infringement claims may have any merit. Moreover, they can engage in correspondence with the patent troll or their legal counsel in which in-depth analysis of the patent claims is conducted. Your patent attorney may be able to prove that your product or process in no way infringes the patent owned by the troll.

Don’t RUSH INTO Settlement

Above all else, don’t agree to a quick settlement, especially if it seems that a patent troll is at work. Like many schemes in the world, patent trolls will likely come back and demand more if you respond too quickly. A much better recommended course is to contact a patent attorney. 

If you suspect that you are being targeted by a patent troll in Texas, contact the Williams IP Law. You don’t have to immediately settle, especially if the claims being made have no merit.

Do I Need to Copyright My Website?

These days, it’s hard for any business to function without a website. Your website likely is the first contact that many of your customers will have with you, and this means that you have to work hard to keep your content up-to-date, valuable and meaningful.

Simply put, maintaining a website is hard work, but it’s definitely worth it. When you work that hard to build something, it’s only natural that you would want to protect it. This prevents other people from stealing your hard work and unfairly benefitting from the fruits of your labor.

One of the best ways to protect your website and its content is by obtaining a registered copyright on it. If you’re not certain what a copyright is and how it applies to websites, read on. Williams IP Law is covering the basics to help you protect your intellectual property rights.

What Is a Website?

According to the U.S. Copyright Office, a website is “a webpage or set of interconnected web pages, including a homepage, located on the same computer or server (i.e., fixed together on that computer or server), and prepared and maintained as a collection of information by a person, group, or organization.”

Accordingly, pretty nearly any website that you might create or have created for you will qualify for copyright protection under this broad definition. Even the simplest website that consists of only a single webpage with some basic information about your business qualifies, and if your website and business are successful, then this is the only incentive you need to consider obtaining a formal copyright.

Why Should You Copyright Your Website?

Whether you create and maintain a website yourself or you hire someone else to do it for you, a great deal of time, money and effort goes into it. The best websites contain plenty of original content like photographs, text on the various pages and blog posts.

All of that content is automatically protected under U.S. copyright law as soon as it is created. While formal registration of that content is not required, it is recommended as it provides you with more robust legal protections.

With a registration, your intellectual property rights are a matter of public information. You’ll even have a registration certificate to prove it. If you discover that someone is infringing your copyright, it can be helpful and even necessary to have a formally registered copyright before you can bring an infringement lawsuit.

Should you be forced to bring a lawsuit and you are able to prevail in court, that registration may entitle you to statutory damages and attorney’s fees. In short, registering a copyright for your website gives you additional and more robust legal remedies.

What Can You Not Copyright?

Copyright protection is applicable to a host of materials such as:

  • Songs
  • Photos
  • Paintings
  • Scripts
  • Movies
  • Poems
  • Books
  • Blog posts
  • Copy from webpages

As long as you are the author or creator of any of the content on your website, then it is possible to register for a copyright.

However, if you hire someone else to take photographs for your website, write content or produce blog posts, then they technically are the author and owner under copyright law. The same is true if you hire a web designer to build your website.

You can obtain ownership rights in all of this content and your overall website by arranging for an assignment that transfers ownership from the creator to you. Typically, it is necessary to have an attorney craft such an agreement.

Some web designers and other contributors to your website may have a standard assignment form that they use with all of their clients. It’s wise to have your own attorney review such an agreement before you sign, just to ensure that you are properly obtaining ownership.

How to Copyright Your Website

The copyright process is fairly quick and easy when you use the copyright.gov website. A minimal fee and paperwork are involved. If you are unfamiliar with the process or just want to ensure that things go more smoothly, then you may want to consult with an intellectual property attorney who can complete the registration process for you.

It’s also wise to work with an attorney because the copyright office occasionally will make rejections on submissions for registration. If this occurs, it is sensible to ask an attorney to help straighten out any issues to ensure registration.

If you want to ensure that your competitors are not allowed to steal your website content with impunity, then contact Williams IP Law. These experienced intellectual property practitioners will walk you through the process of registering a copyright on your website.

Why Intellectual Property Should be Protected

Many businesses have some kind of asset that they would like to protect. It may be a new gadget that everyone will want to buy or a process that makes life easier or safer. Additionally, if you’re using a name, logo or tagline to identify your goods or services, then it just makes sense to protect that mark with an official registration.

All of these assets are a form of intellectual property. When you invent a new product or process, then it’s sensible to protect that innovation by pursuing a patent. Maybe it’s wise to cover the code for your software with a copyright. Registering a trademark for the name of your product is one more common-sense measure that most entrepreneurs believe is essential to their success.

Have you invented a new product or process? Are you planning to sell your new gadget under a unique name? If so, then you probably have intellectual property that is worth protecting.

If this is your first foray into owning intellectual property, then you may not be certain why obtaining a patent or registering a trademark is necessary. The benefits of protecting your IP may not be obvious at first, but once you learn more about the rights that are granted to you as the holder of a patent, trademark or copyright, you’ll begin to see the value.

Protecting IP Lets You Keep Your Ideas

When you have a great idea, it’s only natural that others will want to copy it. However, when you hold a patent, trademark or copyright on your innovation, then you have the right to prevent others from infringing on your idea.

Holding a patent gives you the right to pursue legal remedies if you see that a competitor is using your invention on their products. Similarly, if someone is trying to sell a knock-off product with a logo that is confusingly similar to yours, then a registered trademark affords you a variety of legal protections. The same is true with copyrights. You can prevent other people from using your protected material when you have obtained an official copyright registration.

Protect the Growth of Your Business

When competitors steal your ideas or sell their products using a trademark that is confusingly similar to yours, then your bottom line may suffer. This is especially troubling for a new business that’s just trying to get off the ground. You’re attempting to establish your product and get people to notice it. With a nefarious actor out there, they are certain to steal some of your market share.

However, when you have carefully preserved your IP rights, then you have several legal remedies available to you. In fact, if you work with a qualified intellectual property attorney, you’ll have an ally who can help you keep an eye on competitors who may be engaging in infringing or unfair practices.

IP Can Be Security for Loans

Both new and established businesses may benefit from an influx of capital at various times. That’s because tasks such as research and development can be incredibly expensive and time-consuming. Investing in these costly tasks is less risky when you have the prospect of holding a monopoly on your IP, at least for a limited time.

If your organization is in need of capital to develop your idea or bring it to the market, then protecting your IP is critical to obtaining the money you need. Investors prefer to see that the project into which their money is going is protected by patents, trademarks and copyrights to better ensure an enhanced market share. Moreover, when you hold official IP rights, investors believe that your project is less risky and more likely to succeed.

When you protect your IP, you’re really protecting your business. It’s the best way to prevent others from wrongfully benefitting from your great ideas. After all, the inspiration was yours and you poured plenty of sweat into its development. Don’t you deserve to reap the benefits of all of your hard work?

Contact Williams IP Law to learn more about how you can protect your business by protecting your intellectual property. Obtaining protection via patents, trademarks and copyrights will help you to hold on to your ideas and grow your business.

How COVID-19 in Shaping Patent Law and Important Changes

As the Coronavirus spreads across the globe, scientists realized that this was an unknown virus. The medical tools that might be used to detect, treat and prevent it don’t exist.

Developing new tests and treatments requires time and money. Moreover, it’s necessary for these innovations to be tested and attain approval from the FDA or other agencies.

Here’s a look at some of the patent-related efforts that are underway to fight COVID-19.

What is the Facilitating Innovation to Fight Coronavirus Act?

Recently, a bill was drafted in the U.S. Its goal is removing barriers to inventing medical interventions that may be able to prevent or treat COVID-19.

Legal analysts tend to agree that the proposed legislation is a hodgepodge of laudable ideas and unintended consequences. The proposed act contains two sections, the first of which protects individuals from liability lawsuits arising from Coronavirus treatments.

The second section suspends the patent rights of certain medical products and provides a 10-year patent term extension beginning after the pandemic.

Analysts tend to see little problem with the first section, but the second one is causing concern. Critics feel that it’s just too vague. Biomedical firms heavily invest in new products. They bear these expenses because of the exclusivity that’s granted to them through a patent, which means that they may recoup their costs.

Unfortunately, the proposed legislation is too vague about how a new patent application that covers relevant technology would be treated. Does the clock on its term not start until the end of the pandemic, and then is the patent eligible for an additional 10 years?

If the law passes as written, it would mean that the inventors no longer had “exclusive” rights, which is one of the primary reasons why patents are pursued. Moreover, inventors would have to worry about infringing actions occurring at a time when they should enjoy perfect exclusivity.

How will patent owners re-establish exclusivity when the pandemic is over? The invention will have entered the public domain, making this a potentially impossible task.

Hopefully, this bill will be clarified before being adopted.

Patent Protections and Relaxation During the Pandemic

The relaxation of patent protections is occurring around the world In Israel, the government wants to made use of Abbvie’s drug known as Kaletra to treat COVID-19, but there isn’t enough of it in the country. Abbvie held patents in several countries for Kaletra, many of which have which expired.

Their Israeli patent is still in force, so that government is looking at obtaining generic Kaletra from another country, such as India, where the patent has expired.

In response, Abbvie announced that they would cease patent enforcement with regard to Kaletra, paving a cooperative way forward.

This approach makes sense in the case of a drug that’s near the end of its patentable life. Nonetheless, it’s vital that governments always consult with patent holders before looking for ways around their rights.

Lengthening Patent Terms and its Effect on Innovators

Governments are seeking to prevent innovators from profiteering from Coronavirus. They mainly are accomplishing this by passing legislation that allows them to produce any patented item that might help in the fight.

The U.S. government’s approach is different. The Coronavirus-relief bills provide billions of dollars’ worth of public research money to federal agencies to develop treatments and vaccines. Is it ethical for a government agency to receive an additional 10-year patent term on life-saving treatments or vaccines that should be freely available?

Many critics don’t think so, citing the stance taken by Jonas Salk when he developed the polio vaccine. Salk declared that his innovation needed to be owned by the public, and people say that the same approach should apply here.

Will the thought of not having the exclusive right to profit from a vaccine or treatment stop innovators? It’s possible, but there’s hope that an altruistic spirit will motivate the right inventors to find a cure.

COVID-19 Innovations & Keeping Your IP Safe

Despite the current uncertainty with regard to patent protection for Coronavirus-related technologies, it’s wise to seek patent protection. With shortages of items like face masks and medicines, there’s a proliferation of adulterated or counterfeit goods. Pursuing a patent gives you the right to prevent this.

In the spirit of cooperation, educational institutions, government agencies and biomedical firms are pledging to make their COVID-19 research freely available without enforcing patent rights. Whether your invention helps to stop the pandemic or not, contact Williams IP Law to discuss how to protect your IP.

Intellectual Property Search Basics

Patent Protection

It’s important to remember that the patent search is only one step in a much longer process. If the results of the search are favorable, then drafting the patent application may begin.

The inventor is by no means required to immediately pursue patent protection after a search is completed. However, there may be benefits to filing an application with the U.S. Patent and Trademark Office with all possible speed.

The U.S. is now a “first to file” country, which means that the first inventor to file an application for new technology is the individual who is deemed to be the originator of the idea and therefore eligible for a patent.

This contrasts with the prior U.S. system under which a “first to invent” rule was followed. Under this system, an inventor who could produce documentation showing that they were the originator of a product or process could prevail over another inventor who filed their application first.

Accordingly, inventors may feel a great deal of pressure to immediately pursue patent protection. This is where the advice of a qualified intellectual property attorney becomes indispensable.

Your attorney can help you to determine whether or not your invention is sufficiently well-developed to pursue patent protection. If you are still deep in the development process, then your attorney may recommend filing a provisional patent application.

Such an application preserves an earlier filing date for your invention while also providing you with one year in which you may continue to develop the technology. You may rely on the guidance of your IP attorney during this time. At the end of the year, you may file a non-provisional patent application that more completely describes your invention. This application will be examined by the U.S. Patent and Trademark Office, and it also may issue as a patent.

Should I Do A Trademark Search?

It is always advisable to do a trademark search before you proceed with selecting a name for a business, band name, slogan, or any other symbol, mark, or terminology to represent your product and service to the public.

Typically it is best to do the trademark search at the very first stages of the process. Costs and efforts associated in getting a new product to the market, branding, and advertising can be relatively high.

It can be disheartening, frustrating, and harmful to your business to begin such a process without first making sure you trademark is clear from potential issues. It is common to see demand letters for infringement when a proper trademark search was not performed prior to using a mark.

There are 45 trademark classes which are essentially categories of marks split based on the type of the good or service that can be registered by the USPTO. It can be a tedious process to search this on your own with all of the different options available.

It’s also important to search for unregistered trademarks because even though a trademark is unregistered it could still prevent you registering your trademark and could still lead to trademark infringement.

The cost to perform a search is extremely small when compared to trademark infringement.

To learn more about the patent and trademark search process set up a FREE Consultation with Jeff Williams.

International Patents and Trademarks

Foreign Patents

A patent is the government grant of the right to prevent others from making, using, and selling an invention for a specified time (20 years from filing). Patents are examined based on a number of criteria. Domestic patents are granted by the U.S. Patent and Trademark Office, called the USPTO, and must be new, useful and non-obvious. Foreign patent offices, typically within each country, grant patents based on similar criteria as that of the U.S., being new, useful, and have inventive step. Domestic, foreign, and international patent application processes are complicated legally and procedurally, so it is wise to consult with an experienced patent attorney as early as possible in the evolution of the invention in question.

A patent application may initially be filed in one of three ways:

  1. directly here in the U.S. as a domestic U.S. patent application;
  2. directly within a foreign country as a foreign patent application; or
  3. at a qualified international receiving office as an International patent application.

The Patent Cooperation Treaty (PCT)

The Patent Cooperation Treaty (PCT) gives an inventor the ability to file an international patent application and reserve coverage in almost 150 different countries simultaneously.

The PCT is an international procedure established by an international agreement to which the U.S. is a signatory. The PCT is administered by a United Nations agency, the World Intellectual Property Organization (WIPO), which is headquartered in Geneva, Switzerland.

WIPO has established an intricate, well organized system for the filing and administration of international patent applications. In the U.S., PCT applications can be filed with the USPTO, a PCT receiving office.

An international patent application has a number of benefits. First, it acts to grant an inventor additional time (around 30 months) to decide which particular countries to enter. The extra time is useful where the product is in an initial stages of development and marketing and further time is needed to establish the key market areas.

Secondly, the international application will be given an examination (international search report and written opinion) that can be used to further define and amend the application prior to entering individual countries. These international findings help the applicant to evaluate the strength of the patent application and are used to make necessary amendments. All international searches and reports are available to each of the national patent offices designated by the applicant for help later when deciding whether to grant the invention a national patent.

Third, cost savings may be realized if more than 3 or 4 national stage applications (direct filing in a particular country) will be filed. Although the initial filing fees for the international application are higher than the U.S., consolidated examination and amendments within the PCT often lead to cost savings when entering each foreign country via a national stage application.

It is important to determine early on in the patenting process whether you as a business or entrepreneur desires to expand patent protection to the international markets. The globalization of markets and intricate networking of economies necessitate its consideration. Patents are geographical in nature and each inventor should consider applying for a patent here in the U.S. and also in foreign countries.

International Trademark Law

Foreign applicants who want to pursue a U.S. trademark application or maintain a U.S. trademark registration now must comply with a new rule. The rule stipulates that foreign-domiciled applicants and registrants work with the U.S. Patent and Trademark Office via a U.S.-licensed attorney.

This means that all individuals or business entities that want to file a new U.S. trademark application or maintain an existing U.S. trademark registration must work with a U.S.-licensed attorney. Applicable to all foreign-domiciled applicants, the rule even pertains to Canadian trademark attorneys and agents who used to be empowered to practice before the USPTO.

The rule went into effect on August 3, 2019. It is aimed at reducing the number of compliance problems with U.S. trademark laws and regulations before the USPTO. Officials say that the rule also will improve the accuracy of all submissions sent to the USPTO while protecting the U.S. trademark register’s integrity.

Requiring local legal representation to file trademark applications and other documents is common in other nations. USPTO officials believe that not making a similar requirement in the U.S. led to abuse of the registration system. This abuse took the form of inaccurate and in some cases fraudulent filings that were not in compliance with the law or the USPTO’s regulations. Some of the questionable applications and filings appeared to have been handled by foreign parties who were not authorized to practice before the USPTO.

The new law is designed to ensure that foreign applicants and registrants receive proper representation before the USPTO. Moreover, it is believed that requiring a U.S.-licensed attorney to collaborate on filings for foreign applicants will result in less fraud, fewer mistakes and enhanced compliance with the rules of the USPTO.

Anyone considering how to protect an invention or trademark nationally and internationally should seek the advice and assistance of an experienced patent lawyer. Seek qualified, knowledgeable legal patent counsel.