Microsoft's new Patent Filing Reveals A Mysterious Portable Speaker

The world's leading multinational technology company, Microsoft, has been working on microphones and portable speakers for quite a while now, and it seems as if we are about to come across a final product very soon. Microsoft's recent Patent Listing specifies a portable speaker that appears similar to Google's Home Mini, in terms of design and size. Moreover, Microsoft has even referenced Google's device in its Patent Application.

Malek Chalabi, the principal design manager for Microsoft Teams devices, is one of the inventors of the portable speaker. He has suggested that the speaker will be used in the meeting rooms. In the past, Microsoft has shown "meeting room of the future" along with various prototype devices having the capability of improving the meetings in its labs. It also illustrated that the company would be further investing in new devices and the latest technology with an objective of re-imagining how meetings work. Another inventor in the patent listing is Dustin Brown, who leads the Industrial Design efforts and operations to create and prototype forward-looking experiences and hardware for the company's envisioning labs.

Coming to the design of the portable speaker, it appears to have fabric wrapped around its top along with volume buttons on the side and the facility to receive, make, and mute calls. All these details further suggest that the patent relates to Microsoft Teams and its meeting rooms, but doesn't specify whether the speaker would be Surface-branded or not. Additionally, the speaker also seems to have a removable base, which would allow it to charge and be positioned in the meeting room as per the need.

As of now, Microsoft has declined to comment on this patent listing. However, on 2nd October 2019, the company will be holding a Surface hardware event in New York City, in which it might reveal the details of this particular patent. According to the current rumors, Microsoft is also set to launch an ARM-based Surface, an AMD-powered Surface Laptop, and a new Surface Pro with USB-C.

Planning to Launch a Website? Avoid these Common Intellectual Property Pitfalls

Having a lawsuit filed against you in court, or receiving a cease and desist letter is never a welcome occurrence. For diverting multiple resources from your business and moving towards resolving the infringement disputes, it is essential to invest wisely in Intellectual Property (IP) before launching a website and avoid the following common pitfalls.

Pitfall No. 1 - TRADEMARK INFRINGEMENT

After selecting a brand name for your company, website, or product and spending an enormous amount of money in its promotion and marketing, you may receive a letter from another company or individual alleging that you are infringing its Trademark Rights. The plaintiff would demand you to stop the infringement of its brand or name.  In this situation, you will face tough choices - would you rename your brand or pay a lawyer to fight on your behalf?

How to avoid it - Before investing too much in a brand name, run initial searches on the internet and applicable foreign databases like EUIPO, USPTO, and WIPO to come across already registered trademarks and candidate marks. Furthermore, you should also try to foresee the position of your company in the next three years and make sure no other company or organization is occupying a similar space in the business environment. Consulting a Trademark Attorney having additional resources and expertise can offer aid in identifying and evaluating the risks involved if any. Therefore, it would be wise to say that a little amount invested before can save you vastly more down the road.

Pitfall No. 2 – CHOOSING A NAME THAT CAN’T OBTAIN TRADEMARK PROTECTION

While selecting your brand name, you should make sure that the proposed trademark can be registered, enforced, and protected. Additionally, it should also be descriptive and relevant to your business and its marketing strategy so that you face no difficulty in stopping any other company from using a confusingly identical mark or claiming any damages.

How to avoid it - Once you have selected the name, you must file a Trademark Application by covering all the specifications of the proposed mark for your products or services. The application will then go through the examination phase, in which the proposed mark is examined to determine whether it is suitable for Trademark Registration or not. If the application is accepted, then the owner owns the exclusive rights acting as a deterrent to others adopting a similar name.

Pitfall No. 3 – FAILING TO COORDINATE BETWEEN YOUR DOMAIN NAME AND TRADEMARK

After getting your trademark registered, you would want to register the corresponding domain name for your website as well. However, in some cases, you might discover that the domain name, which you were looking forward to obtaining, has already been taken by another company or individual. If the owner comes to know about your plans of launching a web business with the same name, he would either stop you from doing so or ask you to pay a hefty sum to obtain the domain name.

How to avoid it - Coordinating the timing of Trademark Filing and disclosure of the intended name with the purchase of domain name can help in ensuring that both the names are affordable and available at the same time.

Pitfall No. 4 – USING PLAGIARIZED CONTENT

People nowadays often copy the content available on the internet and use it on their websites. Consequently, the owners of the copyrights in that content can initiate legal proceedings against you or demand monetary damages for using the material without their permission.

How to avoid it - Make sure you reserve all the rights to the content published on your website. You must never copy content, videos, or images without the consent of the owner. Furthermore, remember that using names of people or showing their faces while promoting your business may infringe their personality rights. Besides, you should also make a point to have all the agreements and contracts with any third-party content providers in place. Otherwise, the contractual worker will claim the copyright.

Ref: https://www.kashishworld.com/blog/planning-to-launch-a-website-avoid-these-common-intellectual-property-pitfalls/

Protecting Software Innovations – Copyrights Or Patents?

Computer programs or software refer to the instructions executed by a computer. It takes a lot of time, skill, labor, and hard work to develop computer software, which is in the form of source codes and object codes. In today's highly competitive business environment, software innovations have an enormous market value and hence can be copied and used by unauthorized people. Therefore, it is highly advisable to protect the software either under Copyright Law or Patent Law, which at times can be a tough decision to make.

PROTECTION OF SOFTWARE INNOVATIONS UNDER COPYRIGHTS AND PATENTS

Patents or copyrights are the legal forms of Intellectual Property Rights (IPR), which can protect the owner's software source code, invention, or idea. It often becomes necessary for every software developer or designer to choose between a patent and copyright. For making a choice, the developer has to think about what he is protecting. The question is, whether the developer is protecting the code or the idea and process of the software. Obtaining the registration of patents and copyrights are two very different processes and might also change what the owners want to do with their software.
Under the law, both copyrights and patents protect software from theft and infringement. However, each one protects a different part of the software. For instance, patents protect the idea while copyrights protect the written code. Additionally, copyrights don't protect the idea behind the source or object code. To be specific, copyrights don't protect ideas, processes, procedures, and systems, methods of operation, concepts, discoveries, or principles. Software patents, on the other hand, are utility patents (and not design patents), that protect a process, machine, an article of manufacture, a composition of matter, or improvement on an already existing utility.

ADVANTAGES OF SOFTWARE PATENTS OVER COPYRIGHTS

Patents granted for software inventions prevent unauthorized users from utilizing a specific algorithm or creating new software programs (which perform the patent-protected functions), without any explicit permission. On the other hand, copyrights protect only the expression of the idea, i.e., the source code and not the functionality. Therefore, it won't be wrong to say that patents offer a much broader range of protection.
Some of the significant contrasting features between these two forms of Intellectual Property Protection are listed below:

1. Patents protect the functional aspect of a software invention, whereas copyrights protect only the idea and concept behind the software.
2. Copyright Protection extends for the owner's or author's lifetime plus an additional period of 60 years, whereas patents last for 20 years.
3. Software patents are difficult to get, whereas Copyright Registration takes only a few months.

CONCLUSION
Whether any software program or piece of code involves an inventive aspect or not, it must seek protection under Copyright Law. However, the dilemma to obtain Patent Protection arises when there is an invention in a software product or process. In such circumstances, the owner should explore the option of protecting the software invention with a patent as they offer much broader and stronger protection than copyrights.

Ref: https://www.kashishworld.com/blog/protecting-software-innovations-copyrights-or-patents/

Apple Files Patent Application for Gas Sensors in Future iPhones

With yet another possible aspect of technology in future iPhones, Apple has recently filed a Patent Application relating to dangerous gas detection sensors with the US Patent and Trademark Office (USPTO). The patent hints at notifying the device users of the hazardous levels of gas in their environment. This time, Apple has focused intensively on adding a new ozone sensor (an in-sensor span calibration for the micro-electro-mechanical system (MEMS)) for detecting dangerous gases. Furthermore, the patent also relates to transducers, and gas sensor baseline correction using various other co-located gas sensors.

In the big picture, smaller than usual gas sensors or miniature gas sensors for consumer electronics represent a technology category that could empower up the upcoming features and items in applications such as smart homes, Internet of Things (IoT), and environmental and health monitoring. However, deactivation of the sensor materials in metal oxide sensors, along with chemical poisoning, can cause a drift in not only the sensitivity but also in the baseline resistance, posing a threat to the mass-market adoption of miniature gas sensors.

Apple's new invention addresses all these challenges. In one or more aspects, Apple has noted that the subject technology directs to configurations and devices for an in-sensor span calibration of a micro-electro-mechanical system (MEMS) ozone (03) sensor in devices including a smartwatch or a smartphone. The subject technology uses a light source to produce the ozone gas from the air inside a gas-detecting device. Ozone gas can be produced by using either UV light of short wavelength or with corona discharge. As the UV light of short wavelength can split O2 molecules into two free oxygen radicals, they can then readily combine with O2 molecules to create ozone gas molecules (0+O2=O3). The uncovered solution is to incorporate a controllable UV light source inside an enclosure of a gas-detecting device alongside a sensor particularly for ozone gas, including a metal-oxide (MOX) or another ozone gas sensor.

Apple's patent, as shown in the image, illustrates a method of providing a miniature gas-detecting device capable of in-sensor span calibration. A light source at no. 340 hints at facilitating the generation of the ozone gas inside the enclosure (no. 530). The gas sensor or detector is calibrated periodically by using a heating element to dispose of the ozone gas thermally for providing a calibration baseline (no. 540).
The USPTO published Apple's new patent application on 29th August 2019. However, when would such kind of a product come to the market stays unknown as for now.

Ref: https://www.kashishworld.com/blog/apple-files-patent-application-for-gas-sensors-in-future-iphones/

Image Credit/Reference: https://www.patentlyapple.com/

LeBron James Seeks to Trademark the Phrase 'Taco Tuesday'

LeBron James, an American professional basketball player, has recently filed a Trademark Application with the US Patent and Trademark Office (USPTO) for the term 'Taco Tuesday.' The trademark request states that James wants to use the phrase corresponding to the marketing and advertising services offered by various passive, shareable, and viral platforms and channels like mobile marketing, internet marketing, social media, search engine marketing, and blogging. To be specific, the basketball star is willing to create a brand around his obsession and habit of eating Tacos on Tuesdays.

Irrespective of the fact that this trademark filing may appear to be somewhat off-the-wall, it does make sense. As of late, James has been making sincere efforts to expand his empire past sports into entertainment and various other realms. Without any doubt, Taco Tuesday has become a total event for his entire family. Quite frequently, he is seen on Instagram, posting stories of him eating Tacos along with screaming the phrase, "Taco Tuesday!" Moreover, he has even got T-shirts with the same phrase.

In any case, the extent that trademarks go, 'Taco Tuesday' has now become quite famous. The phrase is present worldwide and enormously used. However, the Wyoming-based chain, Taco John's, already owns the phrase as a trademark for their restaurants and has event sent cease and desist letters to the ones who try and use the phrase. Although they can't stop every restaurant or cafe in the country that attempts to use the phrase 'Taco Tuesday,' they are left having to try; if only so they don't lose the trademark themselves.
According to various reports, James and his team (LBJ Trademarks) aren't surely launching anything with the Taco Tuesday name as of now, and are still very much in the exploratory phases. Taco Tuesday will continue to remain a lifestyle for James till the time he doesn't own any exclusive Trademark Rights for the same.

Ref:

LeBron James Seeks to Trademark the Phrase ‘Taco Tuesday’ #News #LeBronJames #Trademark #Tacotuesday https://t.co/0t2lIi21Uy

— Kashish Intellectual Property Group (@Kashish_IPGroup) September 11, 2019

IP for SMEs and Enterprises - Importance and Benefits in India

In the present era, Intellectual Property (IP) is quite often not adequately appreciated by various enterprises and SMEs in India. By miserably failing to realize the value of IP and the immense potential it holds in providing opportunities leading to the future growth and success of every industry, the business owners are digging their own graves. Instead of being perceived as an obscure legal concept, IP should be seen as a powerful tool, contributing significantly to economic development. If utilized appropriately, IP can indeed prove to be instrumental in keeping the competitive advantage for enterprises and SMEs. IP can effectively safeguard unique innovations, ideas, and concepts, from theft and infringement by competitors. Besides, IP also enhances the overall worth or value of the business firm or organization in the eyes of the investors.
In developing nations like India, SMEs are often considered as the backbone of the country as they generate more employment opportunities than multi-national corporations. According to various reports, the number of registered and unregistered SMEs working in India is somewhere around 42 million. Collectively, they offer employment opportunities to approximately 100 million people, which is roughly 40% of the entire workforce. Because of such reasons, these companies need to invest in building and managing their IP portfolios for sustenance and growth.

Trademarks, Patents, and Much More!

Many people across the globe are of the view that IP is all about patents and trademarks. It is a matter of fact that yes; trademarks and patents are two exclusive forms of IP. However, there are various other lesser-known forms of IP as well. Geographical Indications (GIs) serve to safeguard enterprises within a specific geographical area or boundary by preventing the competitors outside the geographical area from copying their products. Under the Indian Legal System, there is another form of IP, known as trade secrets. If a competitor gains unauthorized access to a company's trade secret using unlawful methods, then the company can initiate legal proceedings for the recovery of monetary damages. A typical example of a well-protected trade secret is the composition of Pepsi. People are aware that Pepsi's composition includes water, caffeine, sugar, CO2, and color. But, the way they mix them, and in what proportion and order is a trade secret. Industrial Designs protect the characteristics or features of configuration, shape, surface pattern, or combination of colors or lines, which when applied to either, a 2D or 3D functional article, improves its visual appearance.

Depending on the type and nature of the business, enterprises should craft their IP strategy carefully. They should make sincere efforts to choose the right combination of trademarks, patents, copyrights, geographical indications, and so on, to gain popularity and increase the sales of their services and products in the market. In India, various awareness programs proposed on Intellectual Property Rights (IPR) are being currently organized in many regions for providing an overview of IP issues corresponding to copyrights, patents, trademarks, etc.

Advantages to Enterprises 

A lot of institutions are working hard to increase IP awareness among the enterprises and SMEs of India. For instance, the National Institute of Intellectual Property Management (NIIPM) is known for offering training, education, research, and conducts seminars and workshops in the field of IPRs. Furthermore, it also caters to the needs of 4 types of IP, including, trademarks, industrial designs, patents, and geographical indications. Established by the Government of India in 1980, the Patent Information System (PIS) effectively manages and maintains a collection of patent-related literature and specifications on a worldwide basis to be used by various organizations, state governments, and industries. Various other institutions such as the National Intellectual Property Organization (NIPO), Confederation of Indian Industry (CII), National Manufacturing Competitiveness Council (NMCC), amongst many others, are also working towards providing knowledge on IP and helping in the economic development of enterprises.

The Government of India introduced the India Innovation Index in 2017, which ranks the Indian states based on the degree of their innovation. Moreover, the Government also came up with the Intellectual Property Rights Scheme (IPRS) in 2017, which is an awareness action plan and a further implementation of the National IPR Policy (2016). In a nutshell, enterprises can extract many benefits from such programs and effectively carve their IP strategy.

Why is Intellectual Property (IP) Crucial for Disruptive Innovations?

In the present highly competitive business environment, every entrepreneurial or innovative journey usually begins with an idea, yet what pursues is altogether different for everyone. Business owners and entrepreneurs have plenty of ideas in their minds, but choosing the most appropriate one is a skill or aptitude that develops over time. Nowadays, most of the entrepreneurs and business owners usually have ideas or discover them based on their past work understanding, character traits, personality strengths, and academic background. However, there are many others as well who wish to bring a fundamental change in the world economy using their unique and innovative inventions or ideas. For such entrepreneurs, the search process for an invention that will prove to be beneficial in the long run can be an arduous task. Without any doubt, venturing out of one's comfort zone alone is one of the most critical traits of a successful entrepreneur. Disruptive innovations in any business have the immense power to bring forth various unexplored opportunities, outcomes, and possibilities, including strategic partnerships and access to the new market. Such innovations usually interrupt the already existing market by displacing leading business firms and shifting market scenarios. It is, therefore, highly advisable to everyone running a business to protect their ideas or inventions critically from their competitors as they are extremely vulnerable to theft and plagiarism.

PATENTS AND THEIR IMPORTANCE

Intellectual Property Rights (IPRs) play a significant role in leading an innovative and diligent entrepreneur towards the path of success. When a person executes or conceptualizes disruptive and unique ideas, patents, being the most exclusive form of IPRs, safeguard the fruits of innovation from exploitation and unauthorized commercial use by anyone other than the person himself. Intellectual Property Protection seeks to protect not only the new creations or innovations but also the already existing ones. By filing a Patent Application, entrepreneurs have access to all the information valuable for embarking on a new journey. They can also come to know about any other person or inventor owning the patent for a similar kind of invention and prevent themselves from running into potential Intellectual Property (IP) disputes that may arise in the future.


  WHY IS INTELLECTUAL PROPERTY INDISPENSABLE TO ENTREPRENEURS?

Owning Intellectual Property enables business firms and entrepreneurs to occupy a space with higher entry barriers, which further offers them with a competitive edge to grow at a faster pace than those with no IP Rights. Business owners and individuals who understand the importance of IP can immediately establish themselves well and achieve success. In a world driven by technological advancements, patents are of paramount importance as they help the inventors to come up with dynamic creations and innovations. Therefore, investors nowadays are increasingly attaching a lot of value to patents. As protecting the valuable assets of every business is essential, neglecting its importance can lead to many challenges arising in the future.