Devious Wine

You know that feeling when lightning strikes? Not literally, of course, but that instant of Eureka! An idea so brilliant that you just know this is your one way ticket to easy street. Now, all you have to do is produce and sell your idea. Should be just a hop, skip and a jump to the good life, right?

Unfortunately, it is not that easy, in fact, it can be down right complex. It is a very risky thing to turn your idea into reality. With competitors lurking around every corner, you have to take care to protect your budding idea.

What you really want to do is make sure you do not have competitors at all. You know how when you go to the store and see a product from company A under the name “Great Idea” and then Company B has a similar product under the name “Wonderful Idea” …that is what you want to avoid. You have to try to make sure there is not a Company B.

Trademarking your product is also very important for an entrepreneur. This symbol next to your company name or logo tells the world that this is your idea and company. You will need to register your trademark to protect your company from others illegally using yours. Think of it as your companies identity. If you don’t protect it, it is out there for the world to use.

So, now that you know you have to protect your idea and company from being copied, the next question is how. Here is where the lawyers get their cut. You will be able to find lawyers who specialize in patents and copyright law.

By patenting your products, getting the copyright on the necessary documents and registering your trademark, you will make it illegal for any other company to sell your product or use the trademark without asking your permission to do so first.

The process of obtaining a patent and registering your trademark can be very expensive, and then add to that the attorney fees and filing fees and possible time off work and the bottom line gets bigger and bigger. That is why you need to do your market research to be sure that the idea you have is worth all the expense.

You have to give due diligence to analyzing your idea to make sure there is a spot for it in the market place. After all, you could pay thousands only to find out later that not everybody thinks the idea was as wonderful as you did.

After you have made the decision to go ahead and spend your time and money on the next big thing, it is time to find yourself a good attorney. You may have to talk to several lawyers before you find one you like and feel you can trust. But do not forget to make sure they know what they are doing as well. After all, a guy can be nice and incompetent at the same time.

You may be tempted to not hire an attorney and just file the paperwork yourself. It can t be that difficult, right?

Wrong!

An attorney will be able to navigate the maze of the US Patent Office. Not only will they take care of all the paperwork necessary, but it will be filled out correctly and to the correct office. How much will you be wishing you had hired an attorney if the paperwork missed a very important deadline and your idea got pulled out from under you and the fortune that was suppose to be yours goes to the guy that didn t decide to save the money?

There are requirements that the patent lawyer will know about. They have the experience to help you through the process. They have done this several times before and chances are, this will be your first time. So, do not skip this step.

These are just a couple of the items to keep in mind after your ‘light bulb’ moment when making the decision whether or not to patent your idea. By knowing what you need to do to make your idea takes off, you can make a better and more informed decision before you spend even one penny. Think of it as dipping your toe in a pool before you jump in with both feet.

The US Public Health Security and Bioterrorism Preparedness and Response Act 2002 (the Bioterrorism Act) requires domestic and foreign facilities that manufacture, process, pack or hold food for human or animal consumption in the United States to receive a FDA registration number by December 12, 2003. This act also requires that the FDA receives a prior notice of food imported into the United States so that fda certification is not refused. A fda prior notice is an advance notification to the FDA that food is being imported into the US. The prior notice includes information usually provided by foreign companies to the Bureau of Customs and Border Protection (CBP) when they send food to the US. FDA will now use this data in advance of the arrival of the food product to assess and evaluate the information and decide whether to inspect the imported food.

Companies often use a Certificate of FDA Registration that lists their FDA registration number as proof that the facility has complied with this rule by registering with FDA. There are instances when some companies and their products can be refused under the prior notice ACT. If a foreign manufacturer who is not registered with FDA sells an article of food, imports or offers to import it, then the item of food can be refused under section 801 of the ACT of prior notice. Similarly, if registration is required and and the correct registration number of the foreign manufacturer is not submitted then the facility is considered incomplete for the purposes of prior notice. The Federal Food, Drug, and Cosmetic Act generally requires that drugs marketed in the United States be shown to be both safe and effective prior to marketing and widespread use in the general population. Drugs that are marketed without required FDA approval may not meet modern standards for safety, effectiveness, quality, and labeling.

Similarly, The FDA Federal Register generally requires that drugs marketed in the United States should be both effective and safe prior to coming in the market use in the general population. Drugs that are marketed without required FDA registration and approval may not meet modern standards for safety, effectiveness, quality, and labeling. Some older products may be in the market, that do not have FDA approval and since many health care providers are unaware of this status they have continued to prescribe them nonetheless. For this purpose, FDA has issued a guidance entitled Marketed Unapproved Drugs Compliance Policy Guide to make sure that all the drugs are safe and approved for use by the general population. Owners, operators, or agents in charge of domestic or foreign facilities that manufacture/process, pack, or hold food for human or animal consumption in the United States are required to receive FDA establishment registration numbers.

Domestic facilities are required to receive FDA establishment registration numbers whether or not food from the facility enters interstate commerce.

Foreign facilities that manufacture/process, pack, or hold food also require FDA Certification unless food from that facility undergoes further processing (including packaging) by another foreign facility before the food is exported to the United States. However, if the subsequent foreign facility performs only a minimal activity, such as putting on a label, both facilities required FDA Certification. Exempt from FDA Register are farms; retail food establishments; restaurants; non-profit establishments that prepare food for, or serve food directly to, consumers; fishing vessels not engaged in processing (as defined in the FDA Federal Register) and facilities regulated exclusively throughout the entire facility by the U.S. Department of Agriculture.

If the prior notice is not served, FDA may consider it as a factor in determining whether and where to examine the food article.

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