Category: Patents and IP

Medical Hardware Startup Joylux Granted Two U.S. Patents

Medical Hardware Startup Joylux Granted Two U.S. Patents

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Design 1st is excited to announce that long-standing Seattle based client Joylux was granted two US patents for their revolutionary female health device vSculpt.

Joylux Inc. CEO Colette Courtion holding U.S. patents

Design 1st has been working with Joylux for over four years to bring the vSculpt device from concept idea to prototyping, manufacturing, Health Canada approval, and into new markets, including Canada, UK, Germany, Switzerland, and Australia.

The recent patent news comes on the heels of a $5-million Series A funding round Joylux closed in 2018 along with dozens of media mentions including Glamour, Cosmopolitan and Marie Claire.

Moving into 2019 vSculpt is seeking to expand their United States footprint with FDA approval and market efforts to educate females on pelvic floor health.

Learn more: https://www.vsculpt.com/

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Published on: July 18, 2023

Patent Support to Protect New Product Ideas

Patent Support to Protect New Product Ideas

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How-to-Guide for Do-it-Yourself Patent Research

Hiring a lawyer is a critical part of the new product idea protection process, but being able to read patents yourself is also important!

Here is a simple guide to help you read patents.

What is a Patent?

On a high-level, a patent is a subset of legal protection for intellectual property. Grouped with patents are Trademarks and Copyrights; however, for hardware and physical products, patents are most relevant

Although definitions of patents very, the concise description below, sums it up well:

“A patent is an intellectual property right provided by the government, giving an inventor sole usage of their invention for a limited amount of time; 14 to 20 years, depending on the type of patent. Patents are given in exchange for public disclosure of the invention, as well as payments made to the government.”

Importance of Patents

Patents help improve the value of technology developments through allowing a firm to deploy patent based strategies. The result is an exclusion of competitors, higher profit margins and a mechanism for generating licensing revenue. For startups, patents will both help with external funding and allow potential investors to access tangible evidence of what excludes you from competitors.

How to Read a Patent

When trying to read a patent, many individuals get caught up in the legalize. The key point to remember is you don’t need a four year degree in IP (Intellectual Property) to read a patent and extract information.  The key is knowing what to look for and what to skip past. In reality, it can take hours or days to “fully” evaluate a patent; however, with time precious eHow put together an excellent summary of how to read a patent effectively. The main points are highlighted below; however, if you’re short on time, skip to Step 5:

Step 1: Skip the title

The title of the patent can be just about as general as the author wants; for example it often describes a product being improved on – not a new invention.  For example, a patent titled “Virtual Desktop Manager” does not actually patent virtual desktops; it covers a particular set of features of a specific virtual desktop management implementation. Effectively, the patent may set the context but not the content.

Step 2: Skip the drawings

Patent drawings are mostly similar to quick sketches of a product concept except that they cost in the area of $5,000.  These drawings are generally impossible to read and only have a small bearing on the enforceability of the patent.

Step 3: Skip the abstract

In other fields, the abstract is your best friend: a short, direct summary of the major points of a paper.  Patent abstracts are at best meandering and hard to read, and at worst deliberately misleading. The best suggestion is to skim over it and not make concrete opinions as to the validity of the statements made.

Step 4: Skip the specification

Essentially the specification is a detailed description that does not clearly separate what’s, new, novel and invented from what is common knowledge. The background and field of the invention are usually not relevant and the description of the drawings is generally incomprehensible and difficult to comprehend.

Step 5: Find the independent claims and read them

The independent claims are the only part of the patent that have any actual legal enforceability.  They are usually short, one sentence or so, difficult to parse in detail but skimming them over will bring both the context and content of the patent into view.

Step 6: Toss the dependent claims

Any claim that starts with “The _____ of claim _____” is essentially a refinement or detail with narrower scope than the parent claim, meaning if the original independent claims provided no value and meaning to you, these will not as well.

Step 7: And that’s it!

Getting sucked in to a patent dispute is no good for any entrepreneur.  By the time it’s done, you may be able to recite 40 pages of  “patenteese” by memory, but if all you need is a quick summary, just cut directly to the independent claims.  You’ll be done in a minute.

Over all patents are critical to the success of startups, entrepreneurs and existing firm exploring new product avenues. They can provide legal protection, stimulate investor confidence and reduce competitive pressures.  They key is to know what they can do for you. If you thinking of filing a patent or looking for legal advice regarding IP contact our partners at Hazlolaw.

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Published on: February 23, 2023

Search First – Then Design Your Product

Search First – Then Design Your Product

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With a world of data at your fingertips, quickly determining if a new product idea is already on the market should be easy and fast. Unfortunately, for many companies, would-be inventors and entrepreneurs harnessing the power of Google for market information and related patent data can be just out of reach. While basic keyword searches and a quick look through Google images may provide easy low hanging data fruit, access to the high value bits takes a little more search skill knowledge.

Design 1st has developed our search acumen and business expertise helping inventors and start-ups better understand the patent and competitive landscape of their new product idea. We offer our clients a ‘Product Opportunity Investigation’ (POI) report that provides a detailed web based examination of their product idea.  When doing searches yourself, with a little web search knowledge, a more intelligent Google Search query is all that’s needed to see that your inventions market is saturated with competition and you should abandon the idea, modify the idea or move onto the next idea.

For the do it yourself crowd, to get a full understanding of whether your product idea has value beyond the napkin sketch, here are  3 Google Search tricks that will either set you on a path laughing all the way to the bank or sulking back to the drawing board.   A simple search leads to millions of results and all of us get tired of looking after page 2.   Tricks you should use, in any search using Google to bring more relevant information to the first pages:

1) Google Search Operators

The internet has often been called the “largest library in the world with all the books on the floor”. If this stands true than Google is the Library catalogue and Search Operators are the Dewey decimal system. To find what you want and leave out what you do not, Google has several Operators that help structure your keyword search, returning more relevant results.  Commonly used search operators include:

– “Quotes” to specify exact words and phrased that must be included in search results

–  Hypen (-) to remove certain keywords and

– Number Range (#..#) to specify specific dates and series’ of numbers

– OR: gives you a choice (cats OR dogs)

For example, if your product idea is for a new Mouse Trap Innovation that works by capturing not killing the mice and can accommodate rodents up to the size of squirrel; a Google search query that will reveal any competitors in the past three years could look like this:

–          New “mouse trap” OR “squirrel trap” product invention OR innovation OR idea 2010..2013 –kill

A review of the Google Search Results show that the game Mouse Trap is within the top search results. This is not helpful for the information we are trying to find so we remove it from the search results using the Hypen operator (ie. –game). This returns a number of relevant results including the “Big Cheese Multi-Catch Mouse Trap” for $5 and the “Mouse Trapp” which also sends a text to your Smart Phone when mouse is caught.

2) Google Alerts

Google Alerts is your own private army of internet searchers that go out everyday crawling the web for keywords that you specify. The best part, its free! All you have to do is sign up to Google Alerts with your Google account, enter your search query and watch the results trickle into your inbox. If you’re trying to get a better understand of your product idea’s industry Google Alerts is a perfect place to start. You can track news on competitors, product reviews and industry news. Although one tip to remember with is to set up very specific keyword phrases for Google to alert you about or you may end up with dozens of irrelevant results. To do this refer to Trick 1 and use your Google search operators.

3) Google Trends

Google trends is another handy free tool that lets you see the popularity of search terms over time, by region, industry and type of media (ie. Text, image, video). Simply plug in a search term (ie. Mouse trap) and get a chart, map and similar keyword terms that are rising in popularity. This is a valuable tool to determine the popularity of certain brands. For example, if your product idea is a new golf club that you ideally want to license to either Taylormade or Callaway Golf club manufacturers – you can type both their names into Google Trends and see who is more popular. Additionally, Google Trends provides a forecast feature of future search interest along with news Headlines from companies, brands and keywords being searched.

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Published on: June 24, 2019

Canadian Innovation: A Look at Famous Inventions

Canadian Innovation: A Look at Famous Inventions

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The history of Canadian invention has spanned more than a century with over one million patents filed – yet few people can name more than one or two Canadian inventors. The most common name that comes to mind is Alexander Graham Bell – the inventor of the telephone in 1867.

Over 125 years later Mike Lazaridis & Doug Fregin sought to greatly improve the telephone through adding wireless email functionality – this was the start of Canada’s treasured RIM (Research in Motion) corporation. In between these two great feats of innovation – thesnowmobile, snow-blower, hockey mask and Robertson screwdriver were born, perhaps out of necessity due to Canada’s scattered population and harsh climate.

What about today? Are Canadian’s inventing, investing & innovating at the frivolous pace of years past? A recent Globe and Mail article highlighted that US patent authorities issued a record 5,223 patents to Canadian firms and individual inventors last year, up 20 per cent from 2009. This Canadian patent breakdown includes:

  • Ontario as the largest patent hosting province (52% of the new patents issued to Canadian entities in 2009)
  • RIM’s continuous growth in patents has contributed to over half of the Ontario patent growth from 2008 to 2009
  • Canada ranks 6th in the world for US filed patents, ahead of many large European countries, including France, Britain and the Netherlands as wells as China

This is welcoming news for Canada, who has braved the recession and come out ahead – combined with a high-riding Loonie and low interest rates, Canada’s in a prime position for growth in innovation. However two items impeding Canada’s innovation trajectory may be their dependence on natural resources and R&D funding levels.

Currently 2/3 of Canada’s exports are resource based – having doubled over the past decade. This adds fuel to the fire for those who see Canada’s dependence on natural resources as hampering innovation and business creativity when compared to countries less well-endowed with agriculture, forests, fisheries and oil.

“Canadian business spends less per capita on research and development, innovation and commercialization than most other industrialized countries, despite the Government of Canada investing more than $7 billion annually to encourage business R&D,” said Minister Blackburn.

These investments in research and development are what countries need to maintain their global competitiveness in terms of innovation. Take Switzerland for example, they have the highest ratio of R&D investments (compared with GDP) in the world: 3.74, compared with Canada’s 1.84. Switzerland also led the world with 120 patents per million people compared to Canada’s 20 per million.

The World Economic form recognized this accomplishment and last year declared Switzerland as “the most competitive country in the world” – a title that can clearly be attributed to government investments in research and development. For Canada to step up their “innovation competitiveness” – entrepreneurs, startups and big business must heed the call and leverage Government investments in R&D and small business IT Solutions.

To see where the Government of Canada plans to invest the $7 Billion designated this year to stimulate R&D please visit the Government of Canada website – where you will find a great breakdown of the funding programs available for business and entrepreneurs.

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Published on: January 2, 2018