Clarifying an Abstract Idea

  By: Philip Brown A rejection under 35 U.S.C. §101 (“§101 Rejection”) has recently been a common sight for those seeking patents on computer…


Protecting Your Fashion Designs

  A How-To Starter Guide by Student-Attorney Jacqueline Paetzold The Issue: Threatening Designers’ Creative Investments Designers and…


The PCT Application – What Is It and Why Does It Matter to Startups?

Patents are territorial; a patent granted in one country has no force beyond its territorial boundary. Simply put, there is no such a thing called…


Turning Over a New Leaf: Changing the Corporate Identity

A small food company dreamt of selling products that were pure and beneficial to its consumers. With that simple mission, Unadulterated Food Products…


Challenging Patent Validity at the USPTO

For startup companies, intellectual property protection is essential to success. They must protect their inventions and prevent other businesses from…


Provisional Patent Applications Provide Lasting Intellectual Property Protection

A provisional utility patent application, as opposed to a non-provisional utility patent application, is not reviewed by a patent examiner at the…


The Basics of Patent Licensing

Part I: Is there an IP licensing opportunity? Are you an inventor or an entrepreneur? From KickStarter and Shark Tank to Tesla and Facebook, people…


Employer-Employee Relationship Matters in Patent Ownership

When an employee creates an invention and later is issued a patent on that invention, does the employer get any rights to the patent? This might be a…


The On-Sale Bar to Patentability: A Pitfall for the Startup

Sales are generally a good thing. A startup company’s first sales of a new technology, “must-have” product, or innovative service are proof that the…


Slinky!

Hiring New Employees: Beware the Risks of Assignor Estoppel

A drawing included for the patent for a slinky (Patent #: US 2415012 A), issued in 1947. Startup companies frequently hire new employees from…