Interviewer: Back to China. Of course, the Chinese market is important to big companies like Apple who have a huge presence in Asia, and want to continue to grow their presence.

Patent Attorney: The potential market cannot be ignored by big companies such as Apple. But the article also says that, China’s lax enforcement of patent law has presented challenges to Apple.

Interviewer: I’m sure we’ve all seen the news clips of blatant infringement – both patent and copyright infringement – in China.

Patent Attorney: Right, and while the article acknowledges these challenges, the article also explains how Apple is taking proactive steps to secure patents in China. But let’s remember that Apple is a big company.

Interviewer: Right, so does it make sense for small businesses to pursue patent protection in China?

Patent Attorney: Almost all businesses operate in a global economy today. But is it worth it for all businesses to pursue patents in China, or to pursue patents in any country outside of the United States for that matter? It depends on the business’s market for their product. And not just their current market. Remember, patents can be valid for many years, even a decade or longer. So it is important for businesses to consider their potential market.

For Part 4, see China Patents Q & A – Part 4 of 4

Interviewer:I see that the article says two of these patents were granted for battery designs, perhaps for a Retina MacBook Pro.

Patent Attorney: Yes, and four of the patents were related to design elements of the MagSafe connector used for the MacBook Pro. The other patents were for other design components.

Interviewer: So are design patents more important than utility patents?

Patent Attorney: It is important to understand, that design patents only protect the ornamental appearance exactly as pictured and nothing more (perhaps trivial variations). This means that design patents are typically considered to offer less protection than a utility patent.

Interviewer: Which type of patent application – design or utility – should inventors consider then?

Patent Attorney: Some inventions may be the subject of both a utility patent application (for the function) and a design patent application (for the ornamental appearance). A patent attorney can help business owners make the appropriate decision, and even seek both design patents and utility patents, where possible, to create overlapping protection, and fully protect all aspects of the invention.

For Part 3, see China Patents Q & A – Part 3 of 4

Watch 8 minute Video of Interview With Denver Patent Attorney Mark Trenner

Introduction: We are here in Colorado to interview Denver-area patent attorney Mark Trenner. Mark has been practicing as a patent attorney for almost 14 years; the past 9 years at Trenner Law Firm. While his practice focuses primarily on helping small businesses protect their inventions with patents, Trenner Law Firm assists clients in building out all aspects of their intellectual property portfolio, including copyrights, trademarks, and trade secrets.

Interviewer: Wall Street Cheat Sheet published an article this month titled “Apple is Not Leaving Patent Matters to Chance Here.” This seems to be an article on patenting in China. What’s your take?

Patent Attorney: The article tells us that Apple was recently awarded 10 new patents in Hong Kong. It appears that these were all design patents. Businesses often overlook the value of design patents, and I’m happy to see that Apple takes design patents seriously.

Interviewer: What is a design patent?

Patent Attorney: In the United States, a design patent protects the unique ornamental appearance of a product, but not the function. Think of a lamp for example. The function of a lamp is to produce light, usually with an electric light bulb. The common electric light bulb that you can buy in your local hardware store can’t be patented. But if you have a unique design for the lamp – maybe the lamp base or the lamp shade – you may be able to apply for a design patent.

For Part 2, see China Patents Q & A – Part 2 of 4

From Colorado patent attorney Mark Trenner

You may find yourself out shopping at your local retailer and come across an item you find particularly interesting.  After further review, you see the words “Patent Pending” stamped right on the packaging.  What does this mean?  Why is this item marked in this fashion with the words patent pending?  To put it simply, the inventor or manufacturer of this product have filed for a patent with the United States Patents and Trade Office (USPTO), and are currently going through the approval process.  They are letting you know that they have applied for a patent, although it has not yet been issued, this is their idea for a product. One of the reasons to put this designation on a product is to detour other inventors or manufactures from infringing on your idea.  The patent approval process can be lengthy, taking approximately 18 months minimum on the quick end and usually longer to get granted. This allows the inventor time to market their idea before they are actually awarded the patent.  Patent pending is a tool used to help protect your ideas from others.

The words “patent pending” may bring up other questions: Does putting patent pending on my product idea have any value?  Is my product protected legally because I marked it patent pending?

In short, it can be valuable in the sense that it may keep other inventors from trying to patent this idea if they know a patent may be forthcoming soon.  It is commonly thought that just because something is marked patent pending that it won’t stop aggressive competitors from infringing upon an idea.

What Does Patent Pending Mean? Part 2 of 3

From Colorado Patent Attorney Mark Trenner

Here is information from the USPTO regarding using the words “patent” and “patent pending”:

A patentee who makes or sells patented articles, or a person who does so for or under the patentee is required to mark the articles with the word “Patent” and the number of the patent. The penalty for failure to mark is that the patentee may not recover damages from an infringer unless the infringer was duly notified of the infringement and continued to infringe after the notice.
The marking of an article as patented when it is not in fact patented is against the law and subjects the offender to a penalty. Some persons mark articles sold with the terms “Patent Applied For” or “Patent Pending.” These phrases have no legal effect, but only give information that an application for patent has been filed in the Patent and Trademark Office. The protection afforded by a patent does not start until the actual grant of the patent. False use of these phrases or their equivalent is prohibited.

In conclusion, patent pending can be valuable to help protect others from infringing on your product idea. However, designating something as patent pending will not protect you legally from others trying to make, use, or sell your invention.  Also, it is very important to go through the proper application process with the USPTO before claiming something is patent pending, as false claims are taken very seriously.  If you have any questions regarding the patent process, it is advised to seek the council of an experienced Patent attorney.

From Patent attorney Mark Trenner

Facts are that a company usually will not want to spend money for research and development of a product if there is a chance it will not be given the patent, due to the fact that someone has beaten them to the punch.

On the other hand, it does not “legally” protect anything. Your idea is not protected until the patent is actually granted; even though you let others know the wheels are in motion. Someone else can legally market, sell, or use your invention before the patent is granted.
Once your patent is issued, you would stop using the words “patent pending”, and start using the phrase “covered by US Patent Number *****”.  At this point you are legally protected from others copying your idea.

It’s also important to note that just because you created a product, you do not have the right to use “patent pending” if this is not the case.  You are obligated to have applied for the patent with the USPTO before claiming a patent is in process.  In fact, using the term “patent pending” in a false or misleading way is a federal crime which may be punishable by major fines and even jail time.  Many inventors with small budgets and potential to gain investment capital may be tempted to use this designation before going through the costly and time consuming process.  It is important they know the consequences before doing so, as it can lead to major charges against the in a legal sense.

What Does Patent Pending Mean? Part 3 of 3

Denver Patent Attorney

Looking for a Denver Patent Attorney? Consider patent attorney Mark Trenner: Over a Decade of Experience, Unparalleled Value

Patent Attorney: Colorado's Market Trenner

Located in Colorado, Trenner Law Firm, LLC was founded in 2004 to better assist individuals, small and large businesses. Offering 9 convenient meeting locations along the front range, including Denver, Boulder, and Longmont. Or meet at your place of business. Can’t meet during regular business hours? Evening, early morning, and
weekend appointments are available.

Why Choose Us For Your Denver Patent Attorney Needs

Over a Decade of Experience on Your Side

Mark Trenner is licensed as an attorney by the state of Colorado and the U.S. Patent & Trademark Office. Mark has over 12 years of experience as an intellectual property law attorney. Mark has prepared, filed, and prosecuted numerous patent, trademark, and copyright applications. His experience also includes business law issues, such as entity formation, agreements, and licensing. After practicing as an attorney in several private law firms, Mark also served as senior patent counsel for the U.S. Department of Energy’s National Renewable Energy Laboratory.

Creative Solutions for Your Budget

Trenner Law Firm delivers quality work product, one-on-oneattention, and cost-effective service to all clients. Don’t pay high hourly rates. Don’t be surprised when the invoice arrives. Know up-front what a project is going to cost before you authorize any work. Trenner Law offers competitive flat-fee pricing, but not at the expense of quality. All work is delivered on time, all the time.

Free Phone Support is Part of Each Project

The patent application process can be complicated. Mark Trenner explains your options in clear and understandable terms so that you can make important decisions to protect your ideas. And you should never hesitate to pick up the phone and call if you have a question.

Mark Trenner is on KHOW again this week:

Tuesday, October 30th from 10:00 to 12:00

On AM 630 in Denver, Colorado.

By Colorado Patent Attorney Mark Trenner

Inventors often need help in two areas: (1) legal protection for their inventions, and (2) product development and marketing their product. Unfortunately, these typically cannot be handled by the same person (or even the same business).
Sure, there are invention submission companies that claim to do everything under one roof, from filing a patent application to developing your invention as a product and taking the product to market. But some invention submissions companies have garnered a bad reputation for doing little of either protecting the invention or getting the product to market.
The first step should always be speaking with a patent attorney. Most patent attorneys work on a flat fee or hourly basis, and only charge for the services they perform. Most patent attorneys do not take a stake in the outcome of a product. As such, the patent attorney is focused on what patent attorneys should focus on – helping inventors obtain legal protection for their inventions.
Once the legal protections are in place, typically by filing a patent application for the invention, then the inventor can freely talk to product developers and marketing experts to help develop and bring the product to market.