United States Patents and Domain Names URL's
According to Wikipedia, "a patent is a set of exclusive rights granted by a state to a patentee for a fixed period of time in exchange for a disclosure of an invention.
The procedure for granting patents, the requirements placed on the patentee and the extent of the exclusive rights vary widely between countries according to national laws and international agreements. Typically, however, a patent application must include one or more claims defining the invention which must be new, inventive, and useful or industrially applicable. The exclusive right granted to a patentee in most countries is the right to prevent or exclude others from making, using, selling, offering to sell or importing the invention."
Is your Patent protected? One of the most important issues with a patent is to make sure that what you are spending your hard earned time on, to invent and protect, is also secured with a domain name. Whether you are in individual or a company applying for a patent you should consider making sure that your patent is backed by a domain name.
Everyone wants their product to become number one in the market place and to have it backed by a domain [URL] will enable you to promote it in the marketplace with ease. Also getting a domain name before someone else takes it is prudent since domains go fast.
Now what to get as a domain name? Get the name of your product in the URL, and also have one with the patent number in the domain name. Anyone that runs a company should have multiple domain names. The more domains you have the easier it will be for the SEO experts to promote your product. But having your patented product represented by your domain name [URL] you now are giving the marketers a leg up when they build the website for your product or market it with your other product mix. It may take multiple searches to find the right one.
Patent
"A patent is not a right to practice or use the invention. Rather, a patent provides the right to exclude others from making, using, selling, offering for sale, or importing the patented invention for the term of the patent, usually 20 years from the filing date. A patent is, in effect, a limited property right that the government offers to inventors in exchange for their agreement to share the details of their inventions with the public. Like any other property right, it may be sold, licensed, mortgaged, assigned or transferred, given away, or simply abandoned.
The rights conveyed by a patent vary country-by-country. For example, in the United States, a patent covers research, except "purely philosophical" inquiry. A U.S. patent is infringed by any "making" of the invention, even a making that goes toward development of a new invention — which may itself become subject of a patent. In contrast, Australian law permits others to build on top of a patented invention, by carving out exceptions from infringement for those who conduct research ( e.g. for academic purposes) on the invention.
A patent being an exclusionary right does not, however, necessarily give the owner of the patent the right to exploit the patent. For example, many inventions are improvements of prior inventions which may still be covered by someone else's patent. If an inventor takes an existing patented mouse trap design, adds a new feature to make an improved mouse trap, and obtains a patent on the improvement, he or she can only legally build his or her improved mouse trap with permission from the patent holder of the original mouse trap, assuming the original patent is still in force. On the other hand, the owner of the improved mouse trap can exclude the original patent owner from using the improvement.
Some countries have "working provisions" which require that the invention be exploited in the jurisdiction it covers. Consequences of not working an invention vary from one country to another, ranging from revocation of the patent rights to the awarding of a compulsory license awarded by the courts to a party wishing to exploit a patented invention. The patentee has the opportunity to challenge the revocation or license, but is usually required to provide evidence that the reasonable requirements of the public have been met by the working of invention."
Protect Your Product Name
Having your own domain that represents your product is a great marketing tool. It also makes it clear that no one else can get the domain name that represents your specific product. Even though the patent last for 20 years the domain name [URL] is yours for life. By getting the domain name before you try to get your patent you are protecting the name from others. The domain name will last for a life time and will be imbedded in the minds of the consumer.
Some people pay a lot of money to get domain names that represent their products and this is usually done after the patent is granted. Don't wail! Get it right away. The cost of a domain name is minor as it relates to the value of your product recognition. But to think about it after the fact can be very expensive.
We live in world of internet technology to ignore the internet is foolish. Coming up with a product or service that is not backed by a domain name will make it harder to get market share. As mentioned above in this article the better the domain name is and the more specific key words are in the domain name the easier it will be to get your product the top of the search engines.
Patent Enforcement
"Enforcing patents is tricky and is fraught with problems. Patents can generally only be enforced through civil lawsuits (for example, for a US patent, by an action for patent infringement in a United States federal court), although some territories (such as France and Austria) have criminal penalties for wanton infringement. Typically, the patent owner will seek monetary compensation for past infringement, and will seek an injunction prohibiting the defendant from engaging in future acts of infringement. In order to prove infringement, the patent owner must establish that the accused infringer practices all of the requirements of at least one of the claims of the patent (noting that in many jurisdictions the scope of the patent may not be limited to what is literally stated in the claims, for example due to the "doctrine of equivalents").
An important limitation on the ability of a patent owner to successfully assert his or her patent in civil litigation is the accused infringer's right to challenge the validity of that patent. Civil courts hearing patent cases can and often do declare patents invalid. The grounds on which a patent can be found invalid are set out in the relevant patent legislation and vary between countries. Often, the grounds are a sub-set of the requirements for patentability in the relevant country. Whilst an infringer is generally free to rely on any available ground of invalidity (such as a prior publication, for example), some countries have sanctions to prevent the same validity questions being relitigated. An example is the UK Certificate of contested validity."
You're Patent and Your Domain Name
If you have a domain name that represents your product and you purchased it before your patent was issued than you have a paper trail and date that ties in with you patent. You also can choose a name for your device that you are patenting when you are choosing a domain name. A great example of a domain name that has become a household word and a standard in an industry is Google.com. Google is becoming the name for searching, just like Kleenex was for tissue.
Your URL becomes your brand and the name of your product should be tied in to your domain name. When you name your product you should work in tandem with what is available for a domain name. You can do domain searches for free, and find out what is available and slowly match your product to a combination of available names. When we named BestDomainsToday.com we had a vision that we wanted to provide the best domains always and BestDomainsToday.com means that every day we have the best domains. We wanted to provide the best service and best prices so it all tied together and it happened that the name was available. We spent several days working to get the best name.
When your patented product takes off and your name recognition shoots to the top, no mater what happens you have the domain name that no one can take from you. Knocking off your patent is what is done when the product takes off, but with the domain name tied closely to your product it makes it harder to duplicate it and get a market for it.
We at BestDomainsToday.com would love to have your business and will work hard to make sure that you get the best possible service and attention needed in developing your business. We want to be your one stop resource for your on-line needs.
Dr. Raymond Jewell
Host, FinancialFreedomRadio.info
Master Distributor
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Raymond Jewell PhD
610-637-4884
Skype: rbjewell