Anticipate This!™ | Patent and Trademark Law Blog

Docketing Specialist at Ward Law Office, Full-time Remote Position

Posted in Our Firm by Jake Ward on January 26, 2023

Ward Law Office LLC (WLO) is a virtual “IP boutique” law firm with attorneys and staff located primarily in Ohio and Michigan. WLO has an immediate opening for a Docketing Specialist with 2+ years’ experience in IP docketing. This position will report to the Operations Manager and will assist with docketing of all legal matters of the law firm. The ideal candidate has excellent communication skills and experience with docketing practices including the AppColl intellectual property management software. Familiarity with legal forms and procedures for filing patent and trademark documents at the USPTO, and a willingness to assist our rapidly growing firm in other legal tasks, is also preferred. This is a full-time remote position with opportunities for training and advancement in a fast-paced and rewarding environment.

WLO represents a wide variety of clients ranging from independent inventors to Fortune 500 companies, in many different industries and technologies. The firm was founded to provide high quality patent and trademark services while also being flexible to meet the unique needs of our clients. Our passion is helping and educating inventors, entrepreneurs, and small businesses. If you share this passion, we are the right firm for you.

To apply, please submit your resume and cover letter to Kristi Ward, Business Manager, at kristi@wardpatent.com. For more information about the firm, applicants are encouraged to visit our website at www.wardpatent.com.

USPTO introduces new tool to help creators identify their intellectual property.

Posted in General Commentary by Jake Ward on January 18, 2023

Press Release from USPTO

Today at the U.S. Patent and Trademark Office’s (USPTO) Women’s Entrepreneurship (WE) event in Naples, Florida, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office Kathi Vidal announced the launch of the agency’s new Intellectual Property (IP) Identifier tool. This user-friendly, virtual resource— designed for those who are less familiar with IP—enables users to identify whether they have IP and the IP protections they need to support and advance their business, invention, or brand. The IP Identifier serves as an important foundation for an innovator, entrepreneur or creator’s IP journey. In addition to the tool helping identify a person’s or company’s intellectual property, it provides easily digestible information on intellectual property – patents, trademarks, copyrights, and trade secrets. 

“Protecting your IP is a smart and necessary business strategy, and the IP Identifier is a great starting point for those new to IP,” Director Vidal told the audience at the WE event. “This resource will equip entrepreneurs with a basic understanding of the IP they have and will lead them to resources to protect it. We encourage everyone who is considering starting a business or trying to grow one to utilize this tool. It’s another example of our work to bring more people into the innovation ecosystem to increase American competitiveness, grow the economy, and solve world problems.” 

The IP Identifier is comprised of two modules: The Basic IP Identifier; and the Advanced IP Identifier. The Basic IP Identifier module consists of six simple questions that allow users to quickly assess the type of IP they should protect. The Advanced IP Identifier module allows users to learn about their specific type of IP and obtain links to additional resources, including how to file an application for protection. A third module, Managing your IP assets, is currently under development. 

Companies benefit from having IP protection. When used as collateral, a company’s first patent increases venture capital funding by 76 percent over three years and increases funding from an initial public offering by 128 percent. It can also help serve as a recruiting tool: The approval of a startup’s first patent application increases its employee growth by 36 percent over the next five years. Further, protecting your IP can also increase your market share – a new company with a patent increases its sales by a cumulative 80 percent more than companies that do not have a patent.

The IP Identifier was announced as part of USPTO’s recently-launched Women’s Entrepreneurship (WE) initiative, a community-focused, collaborative, and creative initiative to inspire women and tap their potential to meaningfully increase equity, job creation, and economic prosperity. WE includes a new online hub for aspiring women entrepreneurs that provides key information on how to get started, how to identify and protect their intellectual property, and how to secure options for funding and how to build and maintain a network. For more information and to get involved with WE, please email WE@uspto.gov. Your feedback is welcomed through the voluntary survey, included within the tool, or can be emailed to IPIdentifierfeedback@uspto.gov

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Changes affecting patent small/micro entity fees

Posted in General Commentary by Jake Ward on January 6, 2023

Notice Regarding Changes Affecting Patent Small/Micro Entity Fees.

Most small and micro entity fees have decreased with the enactment of the Consolidated Appropriations Act, 2023—which included the Unleashing American Innovators Act of 2022—signed into law on 12/29/2022.  The law increased small entity discounts from 50 percent to 60 percent and micro entity discounts from 75 percent to 80 percent.  The USPTO fee schedule has been updated to reflect these changes.  A rule notice will be published soon to update the fee amounts appearing under Title 37 of the Code of Federal Regulations.

For patent issue fees, the fee due is the amount appearing on the Notice of Allowance and Fees Due letter (form PTOL-85).  For other fees, the applicable fee amount is the fee amount in effect on the day the fee is paid (in full).  The day a fee is paid is the date of receipt of the fee payment in the USPTO under 37 CFR § 1.6, or the date reflected on a proper certificate of mailing or transmission on the fee payment, where such a certificate is authorized under 37 CFR § 1.8.  

For small and micro entity fees (other than the issue fee) that were paid on 12/29/2022 prior to the enactment of the law, refunds will be issued for the difference between the old higher fee rates and the new lower fee rates.  The refunds will be processed before the end of January 2023; there is no need to submit a refund request for these payments