A Quick Primer on Patents for Inventors

Posted on December 31, 2016 by Neil S. Siskind, Esq.

Viewers of ABC’s Shark Tank will often hear the Sharks ask an entrepreneur if his or her product is patented. What the program does not usually go into is that the important issue for a product is not if there is a patent, but, rather, as to the quality of the patent. Behind the scenes, however, the Shark’s attorneys very likely do a review of the product by not only getting a copy of the patent, but by analyzing and evaluating how easily the patent can be challenged or worked-around. Every Shark’s investment is subject to a Shark’s satisfaction with the quality of the patent following such review.

Just because the USPTO issues a utility patent, it does not mean that another party can not challenge it- and win. A patent gives protection for exclusive manufacturing and sale of a product- but it is not indisputable protection. Moreover, a company can find another way, another process, to create a product for the same use as yours. Another party can also prove that one or more elements of your patent infringes on a patent that they already have.

As for design patents (vs. utility patents), they can often easily be worked-around so that a similar, yet “different-enough” design can be used. Further, a user of a product design can claim that they were already using that design in commerce, thus, providing them with prior rights.

The moral of the story is that getting a patent on a product is not enough. It has to be a “good” patent, obtained by a skilled attorney, if you want to have the best chance to protect your exclusivity to your invention.

-Neil S. Siskind, Esq., President
The Siskind Law Firm

Neil Siskind is the Founder & Chairman of The Fatherhood Assignment

Learn more at: http://www.neil-siskind-the-fatherhood-assignment.org/

Neil Siskind is the Conservator of the Neil S. Siskind Nature Preserve

The Neil S. Siskind Nature Preserve is over 7 acres of environmentally-pristine waterfront land in a magnificent setting along New York’s majestic Hudson River. The Preserve includes a variety of species of animal and plant life, and is a precious example of the thoughtful maintenance of New York’s priceless open spaces. The land’s uses are limited to outdoor recreation such as hiking and climbing, and the study of ecology, nature and land use. The Neil S. Siskind Nature Preserve allows for the intelligent contemplation of our valuable natural resources and the most effective ways to maximize them and keep them protected.

Neil Siskind, Founder, “National Fatherhood Day” – March 29th

To encourage recognition of the needs of boys and girls who are living without fathers or father-figures in their lives.

Read about the non-profits and charities whose missions Neil Siskind supports and promotes: www.neilsiskindsupports.com

Caring is Free™

You can read what clients and associates say about Neil Siskind at: http://siskindlawfirm.com/neil-siskind-bio/.

Neil Siskind’s Volunteer Work:

– Memorial Sloan Kettering Cancer Center, Volunteer

– Memorial Sloan Kettering Cancer Center, My Fundraiser- Help Neil Siskind help children with cancer to be more comfortable: http://mskcc.convio.net/site/TR?px=3182108&fr_id=2632&pg=personal

– Make-A Wish Foundation- Help Neil Siskind make sick children’s wishes come true by creating your own fundraiser: Neil-Siskind/Help-Make-A-Child-Smile.htm

– DonorsChoose.org- Donate to one of my needy public classrooms: http://www.donorschoose.org/NeilSiskindGiving

– Champion Children– We seek to inspire people through stories of children who have overcome challenges: http://siskindlawfirm.com/neil-siskind-champion-children/

Neil Siskind’s Pro Bono Work:

– Saving Senior Citizens- Protecting New York’s senior citizens from fraud and financial abuse www.savingseniorcitizens.com

– Senior FreeStart Business– Pro Bono: We seek to help put senior citizens in the right direction so that they can face the challenges of the modern economy: http://siskindlawfirm.com/free-start-business/

– Veteran FreeStart Business– Pro Bono: We seek to help put Iraq and Afghanistan war veterans in the right direction so that they can face the challenges of the modern economy: http://siskindlawfirm.com/free-start-business/

– In development: The Neil S. Siskind School of Hope: A free school to teach inner-city youths the skills of entrepreneurship and importance of economic self-sufficiency.

Neil Siskind’s Government Work:

– Suffolk County District Attorney’s Office, Boston, MA, 1994, Intern
– Office of Senator Christopher J. Dodd, Newington, CT, 1992, Intern
– Hartford County Department of Probation, Hartford, CT, 1991, Intern

Neil Siskind’s Community Assistance:

Financed & operated a legal clinic providing low-cost legal services to struggling Long Islanders during the recession to help clients resolve debt, organize finances, and launch new businesses.

Neil Siskind’s Professional Curriculum Vitae: http://neilsiskind.com/

NEIL SISKIND- PROVERB

Posted on December 25, 2016 by Neil S. Siskind, Esq.

The trouble with being a giving person is that it seems to always attract a taking person.
-Neil Siskind

-Neil S. Siskind, Esq., President
The Siskind Law Firm

Neil Siskind is the Founder & Chairman of The Fatherhood Assignment

Learn more at: http://www.neil-siskind-the-fatherhood-assignment.org/

Neil Siskind, Founder, “National Fatherhood Day” – March 29th

To encourage recognition of the needs of boys and girls who are living without fathers or father-figures in their lives.

Read about the non-profits and charities whose missions Neil Siskind supports and promotes: www.neilsiskindsupports.com

Caring is Free™

You can read what clients and associates say about Neil Siskind at: http://siskindlawfirm.com/neil-siskind-bio/.

Neil Siskind’s Volunteer Work:

– Memorial Sloan Kettering Cancer Center, Volunteer

– Memorial Sloan Kettering Cancer Center, My Fundraiser- Help Neil Siskind help children with cancer to be more comfortable: http://mskcc.convio.net/site/TR?px=3182108&fr_id=2632&pg=personal

– Champion Children– We seek to inspire people through stories of children who have overcome challenges: http://siskindlawfirm.com/neil-siskind-champion-children/

Neil Siskind’s Pro Bono Work:

– Saving Senior Citizens- Protecting New York’s senior citizens from fraud and financial abuse www.savingseniorcitizens.com

– In development: The Neil S. Siskind School of Hope: A free school to teach inner-city youths the skills of entrepreneurship and importance of economic self-sufficiency.

Neil Siskind’s Government Work:

Neil Siskind’s Community Assistance:

Financed & operated a legal clinic providing low-cost legal services to struggling Long Islanders during the recession to help clients resolve debt, organize finances, and launch new businesses.

Neil Siskind’s Professional Curriculum Vitae: http://neilsiskind.com/

The Siskind Law Firm: An Apartment Bust is Coming

Posted on December 21, 2016 by Neil S. Siskind, Esq.

When I mention Long Island City, most Manhattan residents know of it…but not much about it. Yet, the building boom there is unbelievable. By driving through, I’d guess 15 large apartment buildings are under construction- with as many, or more, recently completed. The prices for apartments there are high. Yet, Long Island City is off many people’s radars altogether. I’d comfortably guess that a lot of foreign money is in those buildings. I know for sure that a lot of cheap money is also in those building.

Because money has been so cheap for so long, developers needed a place to put it to make a return. Retail, due to e-commerce and large chains’ low prices, is no longer a good investment. Witness the empty stores in your own neighborhoods across America. Office buildings also have their own inherent challenges in the modern economy. Outside of prime space, people, due to technology, can work from anywhere and can seek-out the lowest-cost space by simple Internet searches. Thus, many developers have been putting the money into apartment buildings (a/k/a/ condominiums and co-ops). There are simply way too many now- and interest rates are on the rise.

This trend is in New York (the City and its suburbs) and across the country.

Developments in progress are going to get into trouble.

Rents in Manhattan are down and it is a renter’s market. Investors from around the world are offering their condo apartments for rent, creating a lot of competition for rental building landlords, who are now offering incentives.

This trend will be good for tenants and will get worse for landlords.

For developers, a big apartment bust is coming nationwide. For buyers, apartment prices will become affordable. Houses may not be affected. But prices for houses will stabilize and appreciation will be slow, if at all. Income for apartment rental buildings will be hurt by higher interest rates combined with lower rents- a double whammy on that front, making these investments less attractive and causing a demand for lower building sale prices in order for buyers to get higher cap rates.

In the early 2000’s, cheap money and endless optimism lead to a huge Internet stock crash, causing a lot of people a lot of money. The money moved to real estate. Again, cheap money plus endless optimism lead to a painful result. For the past 8 years, money has been ridiculously cheap, fueling both asset classes (stocks and real estate) at the same time- for the same reason….cheap money. This can not end well.

Happy Holidays – 2016

Posted on December 20, 2016 by Neil S. Siskind, Esq.

Siskind Holiday Party, 2016. Thank you to my clients, associates, employees & friends for another successful year. Happy Holidays to all. holiday-party-2016

The Siskind Law Firm: The Sharks Are Really “Distribution” Sharks

Posted on December 20, 2016 by Neil S. Siskind, Esq.

The Shark Tank Sharks often invest in businesses that I deem silly, or too small of markets or too small in ingenuity to ever make any real money. It’s about opportunity costs; can a Shark invest the money in better things instead?

I think that the Sharks get caught up in what is in front of them without weighing the opportunity cost- and without considering whether they would really ever invest in such a business if they were not in The Tank, a captive situation. They, like anyone else, get caught up in the moment (of course, they also need to make the program entertaining).

But it really doesn’t matter- and here’s why:

The Sharks have the one and the only important thing- “distribution”. When you have distribution, real distribution that you know how to handle, risk is very low- and upside can be high. The Sharks are “distribution” Sharks. Most of them have a built-in system of distribution into which they can implement almost any product in which they invest.

Lori has QVC; Mark has an enormous in-house e-commerce infrastructure; Daymond has manufacturing and wholesale facilities; Kevin has internal B2B sales (his businesses promote and sell each other’s products). When Barbara was in real estate, she, or her agents, would take a real estate listing, and then have the Corcoran sales force and the Corcoran computers market it to each agent’s potential buyers. All of the Sharks, have friends in high-place at major retail chains.

As I’ve written before and say all the time, “Distribution is King”. When you have your own source of distribution, or close relationships with distribution channels, you have the most important aspect of business….even more important than a good product or service.

-Neil S. Siskind, Esq., President
The Siskind Law Firm

Neil Siskind is the Founder & Chairman of The Fatherhood Assignment

Learn more at: http://www.neil-siskind-the-fatherhood-assignment.org/

Neil Siskind, Founder, “National Fatherhood Day” – March 29th

To encourage recognition of the needs of boys and girls who are living without fathers or father-figures in their lives.

Read about the non-profits and charities whose missions Neil Siskind supports and promotes: www.neilsiskindsupports.com

Caring is Free™

You can read what clients and associates say about Neil Siskind at: http://siskindlawfirm.com/neil-siskind-bio/.

Neil Siskind’s Volunteer Work:

– Memorial Sloan Kettering Cancer Center, Volunteer

– Memorial Sloan Kettering Cancer Center, My Fundraiser- Help Neil Siskind help children with cancer to be more comfortable: http://mskcc.convio.net/site/TR?px=3182108&fr_id=2632&pg=personal

– Champion Children– We seek to inspire people through stories of children who have overcome challenges: http://siskindlawfirm.com/neil-siskind-champion-children/

Neil Siskind’s Pro Bono Work:

– Saving Senior Citizens- Protecting New York’s senior citizens from fraud and financial abuse www.savingseniorcitizens.com

– In development: The Neil S. Siskind School of Hope: A free school to teach inner-city youths the skills of entrepreneurship and importance of economic self-sufficiency.

Neil Siskind’s Government Work:

Neil Siskind’s Community Assistance:

Financed & operated a legal clinic providing low-cost legal services to struggling Long Islanders during the recession to help clients resolve debt, organize finances, and launch new businesses.

Neil Siskind’s Professional Curriculum Vitae: http://neilsiskind.com/

THE SISKIND LAW FIRM – PUBLIC ADVOCATE FOR ABUSED CHILDREN

Posted on December 16, 2016 by Neil S. Siskind, Esq.

Children’s Services Watchdog™ – The Siskind Law Firm
The Public’s Child Abuse Database™

Children’s Services departments and agencies all over the country are failing our children. Enough is enough.

All across the nation, children in the custody of their parents and of foster parents are being emotionally abused, physically abused, sexually abused, beaten, and killed.

Reports of abuse can no longer be left to the domain and oversight, if any, of city and local governments. The Siskind Law Firm has launched The Children’s Services Watchdog™. We are now the public’s record of reports of child abuse across America.

Upon suspecting or witnessing abuse of a child, call the police and your city agency that handles these matters…AND THEN EMAIL US!

Email Neil Siskind, Esq. at nsiskind@siskindlawfirm.com. Please be sure to have a report number and name of the person(s) with whom you spoke at the responsible agency in your city, town or county.

The Siskind Law Firm Launches Child Abuse Prevention Database

Posted on December 16, 2016 by Neil S. Siskind, Esq.

Children’s Services Watchdog™ – The Siskind Law Firm
The Public’s Child Abuse Database™

“It’s time for the public to take control of the safety of our children. Government is failing our kids.”
-Neil S. Siskind, Esq.

Children’s Services departments and agencies all over the country are failing our children.

All across the nation, children in the custody of their parents and of foster parents are being emotionally abused, physically abused, sexually abused, beaten, and killed.

Upon suspecting or witnessing abuse of a child, call the police and your city agency that handles these matters…AND THEN EMAIL US!

We make a record of the report for the public and on behalf of the public. We keep track of reports of abuse made to local agencies so that we, the public, have our own record of these reports and of any and all actions taken- or not taken.

This can no longer be left to government. This is the job of all of us. This is a public obligation and responsibility. This is a partnership between and among the general public, the report provider, and The Siskind Law Firm.

These reports can no longer be internal and exclusive to government only. Too many kids are being harmed and killed.

Your complaint to us can be anonymous. No names are published or publicly shared. We will keep an internal file for the public. We follow up with the responsible agency to ensure that action has been taken….and that further actions….and necessary actions…. are taken. The Siskind Law Firm stays on top of the case until a child is considered safe and the issues of concern have been adequately addressed. We will make sure that the investigation is taking place and lives are being saved.

No more excuses by agencies that emails were not seen, or denials of calls received, or that there was confusion as to who in their office was supposed to handle something, or that children’s files fell through the cracks. No more excuses.

It is time for us- the public- to monitor the safety of our kids. The government is failing us and our children.

If you have called a public agency, please get a file number and the person or people to whom you have discussed any harm to a child. From now on…The Siskind Law Firm will be watching government agencies and checking for a safe and complete resolution of cases of abuse or alleged abuse.

We will need your help. We will need you to keep us updated on any continued abuse following your filings and any government agency work that you witness following your reports, such as site visits and interviews of neighbors, teachers, friends and family. The public and The Siskind Law Firm must work together to save lives.

Email us with any and all filed complaints you have made anywhere in the nation. Emails to government agencies are not enough. Follow-up and monitoring of these agencies and their employees are necessary. Government agencies need to know that the public is aware of and watching every step of every case. It is not just a matter of proving that you reported abuse- it is about saving lives. It is about ensuring that action is taken before a child is harmed again- or killed. The public needs to step up and step in where government is failing our children and our communities repeatedly. Email The Siskind Law Firm with your report information and we will work with you, and with law enforcement, and with the applicable government agency to save lives.

How it Works:

-We assign a Public’s Child Abuse Database™ internal report #.
-We add a summary of the report to The Public’s Child Abuse Database™ (no names or addresses).
-We contact the responsible agency to alert it that we are overseeing their activities related to this report for report-back to the public
-We contact the responsible agency to alert it that we are overseeing their activities related to this report for report-back to the public.
-We ask the report provider to follow up with the responsible government agency w/in 2 weeks of the initial report and to alert us of the agency response.
-We enter the agency response into The Public’s Child Abuse Database™.
-If the agency fails to respond, we note that in The Public’s Child Abuse Database™.
-If there is no response, we send a request for response from this office.
-We record the response in The Public’s Child Abuse Database™.
-If there is no response, we follow up with another request for response within 2 weeks.
-We continue this process every 2 weeks until a response is received.
-Following a detailed response of what is happening, we send a request for disposition within 3 weeks. A disposition can include a decision that no issue exists, an arrest was made, a monitoring process is in place, or a child has been removed from a home. We enter the disposition into The Public’s Child Abuse Database™
-If a monitoring plan has been put in place by the agency, we send a request for update every 3 weeks and enter any updates into The Public’s Child Abuse Database™. We ask you, the initial abuse report provider, to keep us alerted of any further events that you witness including any contact you receive from the responsible government agency.

We expect that certain agencies will refuse to share information with us, in which case we will submit a final report to the database that the agency is failing to respond or has refused to provide data on the particular case. In other cases, we will make FOIL (freedom of information laws) requests to get final disposition data. We will look at the totality of each report to make final determinations on a case by case basis, including consideration of the level of cooperation and feedback by a respective agency and the initial report provider.

Even if you did not previously register your report with us, but you feel that your concerns have not been addressed by a government agency after making a report to it at any time, contact us for help. We will try to help get answers using our process.

http://siskindlawfirm.com/childrens-services-watchdog/

Better Business Bureau: Sadly Less Relevant- The Siskind Law Firm

Posted on December 13, 2016 by Neil S. Siskind, Esq.

The Better Business Bureau was created, in part, to investigate claims of companies not delivering on promises to customers. Complaints lead to opening of files and investigations which include evaluations of objective evidence and explanations by the business and the customer, as part of the overall review. Objectively, it is a fair, and, well, American process of sorting out the facts with a value for the truth. Today…forget it. Customer complaints, including storytelling, lies and vindictive insults are posted up on the Internet, often with no real name, and/or by people with no knowledge about how a business is run, how difficult one is to run, and often have no real money of their own to make them worth suing. There is no process by any professional intermediary to discern truth from fantasy, or fact from feelings.

The professional world cares about justice….educated people, intelligent people, respectful people, thoughtful people, successful people….but the Internet is more like a third world country where evil, deceit, rage, frustration and vengeance from people who are devoid of class, money or power are more visible in communities than the wheels of justice. And those communities… and, thus, our world community….is being destroyed by them.