On May 20, the Office of Advocacy hosted a roundtable on patent reform and its impact on innovative, high-tech small businesses that use the patent system. The topic was pending congressional legislation (H.R. 1260/S. 515) which would radically alter the U.S. patent system. The bill would move the United States to a “first-inventor-to-file” system from the current “first-to-invent” system, harmonizing the U.S. system with the rest of the world.

While the U.S. Patent and Trademark Office (PTO) lacks substantive rule making authority, Advocacy invited the agency to participate in the roundtable in order to address small business questions and concerns on the highly technical field of patent law. In addition, Advocacy invited small businesses and other interested parties who represent various patent system users and practitioners, including small technology companies, patent attorneys who work with small firms, and venture capital firms that invest in small technology-driven businesses. These diverse stakeholders were able to present their issues with the proposed reform and offer alternatives that would protect small businesses.

Ron Katznelson, representing Bi-Level Technologies, a California-based technology business, argued that the change to the first- inventor-to-file system would put small businesses at a competitive disadvantage because the focus in the patent system would shift the timing of patent filings earlier in the invention process while increasing the required number of filings. He also argued that the need for earlier and more public disclosure would further disadvantage small businesses by potentially infringing upon a popular current model of raising capital, which uses limited disclosure to raise funds during the invention process but prior to patent filing.

Attorney Mike Messinger echoed many of Katznelson’s concerns in his presentation, stating that small firms simply want quality patents and are willing to pay for them through higher fees if needed. Mike Rainey from Intellectual Ventures, a firm that funds small business inventors, licenses and develops patents, and engages in independent research and development, proposed a novel alternative to the current patent reform ideas. Rainey recommended moving the system to first-inventor-to-file while retaining the current “grace period” structure, the element of the patent system that governs disclosurerequirements. Many small business representatives in attendance agreed that this compromise solution would lessen the potential negative impact on small businesses.

Advocacy will continue to monitor the patent reform legislation and convey the concerns small business patentees have with proposed changes. In addition, Advocacy will continue to promote an open dialogue on this issue between the PTO and the small business representatives, so that the concerns of this important segment of the high-tech community are addressed and these small businesses can continue to stimulate innovation and job creation.

For more information on Advocacy’s patent reform roundtable please contact Assistant Chief Counsel Kate Reichert at (202)205-6972.

Don Brown, inventor of the Ab Roller® and author of Invent Yourself Rich, has created a new website: http://www.InventYourselfRich.com to help inventors looking for invention help. Brown’s primary goal is to help inventors steer clear of scam companies that charge inflated fees for their services yet offer no real help to inventors.

These scam companies frequently offer a free “Inventor’s Kit” in an effort to convince inventors that they must immediately secure a patent for their invention before someone steals their idea. These companies are out to make a quick buck, and they do so by preying on the inventor’s fear that someone will steal their idea. The scam results in inventors paying for patent services costing three to four times the amount a good patent attorney would charge for the same service.

Brown, who started out as a meat cutter in a grocery store with no college education, has found amazing success with his inventions. For Don, it’s time to “give back” by helping new inventors avoid scam companies that often derail their quest for the American dream before it even gets started.

John Dudas, director of the U.S. Patent and Trademark Office (USPTO), commented on these invention scam companies as follows: “We’ve seen estimates that it’s up to a $200 million-a-year business.” That is $200 Million a year spent on worthless patent services that result in heartache and frustration for thousands of inventors.

These invention scam companies take full advantage of the inventor’s fear of losing protection for their idea by charging inflated fees for needless services.

Brown created his website to help inventors avoid these scams and to learn to take the proper steps to turn their great ideas into viable, successful products. Don explains, “Most new inventors feel like they need to secure a patent right away as they are afraid someone will steal their idea. These invention scam companies know this and take full advantage of the inventor’s fear of losing protection for their idea by charging inflated fees for needless services.”

Statements from invention scam companies such as “we help hundreds of inventors every year” are misleading and often just plain false. Brown would like to see these companies give a more realistic portrayal of the patent process and give up-and-coming inventors a lot more support and honest, helpful advice. There is no shortage of horror stories about people getting ripped off by these unethical companies. Brown, who truly believes that anyone can come up with a million-dollar idea, finds it particularly disappointing when promising new inventors vow to “never try again” after being taken by these scam companies.

Brown has helped many inventors through the invention process, and he has met many inventors who were taken advantage of by scammers. Don gives out free information on his website to educate new inventors on how to avoid getting caught up in these deceptive and costly invention promotion schemes.

In his book, Invent Yourself Rich, Don devotes an entire chapter to helping inventors avoid being scammed. Among other things, he suggests that inventors ask for several references and to contact the BBB and even the Attorney General’s office before getting involved with any company.

For more information, visit http://inventyourselfrich.com.

Naming is like driving a car, according to Catchword’s free “Brand Owner’s Manual”—so pay attention to indicator lights and rules of the road.

Ever wonder how companies come up with names for their brands? Catchword, a leading bicoastal naming company, has lifted the veil on this little-understood aspect of marketing with its new how-to guide to the art of creating names.

The tongue-in-cheek “Brand Name Owner’s Manual,” which is patterned after a car owner’s manual, is an information-packed resource for anyone involved in the stewardship of brands—or simply fascinated by naming—and is free for the asking. The manual shares tips on most aspects of brand naming, from the creative process itself to clearing legal hurdles and avoiding missteps in other languages and cultures. And it does it all with a wink, under the guise of a car owner’s manual: where headings such as the “Flat Name Indicator Gauge,” “Premature Infatuation Warning Light,” “High Competitive Pressure Warning Gauge,” and “Losing Your Cool-Ant Warning Light” cover the most common naming conundrums.

“Not only is it laugh out loud funny . . . beneath the humor, there’s some pretty sage advice for getting the most out of your naming process, whether you’re doing it yourself or relying on experts,” says Gil Hanson, branding strategist and president of Hanson Associates, a Philadelphia design firm that specializes in consumer marketing and corporate identity programs.

A “bonus” section about car names reveals the naming themes and strategies most commonly used by automobile manufacturers, and the origins of common car names. For example, the Cadillac Allante is derived from the French “allant,” meaning “dynamic,” and Nissan’s Pulstar is a melding of “pulsating” or “pulse” and “star.”

“Although most companies still do best to consult a naming firm, the idea behind the manual is to provide an entertaining and practical guide that illuminates both the complexities and the nuances of the naming business,” said Mark Skoultchi, Principal and East Coast Managing Director of Catchword, and author of the guide. “I hope our readers enjoy the ride.”

Catchword is a full-service naming firm with offices in California and New York that has “driven” hundreds of high-profile product and company naming projects since its inception in 1998. For a free hard copy of the Brand Name Owner’s Manual or more information about Catchword, visit http://catchwordbranding.com/brand-name-manual/.