Legal Issues to Consider in Drafting Software Development Agreements

A software development agreement is between a customer and a developer, by which the customer contracts for the developer to create and deliver a…


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…


Keeping Public Disclosure Risks in Perspective

Publicly disclosing a patentable invention prior to filing your patent application has its risks, but startups need to keep these risks in…


Why Should You Consider Filing A Provisional Patent Application

  Provisional patent applications can help entrepreneurs beat the clock by establishing important filing dates.…


Avoiding Inequitable Conduct and Meeting the Duty of Candor and Good Faith

If entrepreneurs are not careful in their communications with the Patent Office, their valuable patents may later be found to be worthless. What is…


Trade Secret vs. Patent Protection for Software Startups

In light of recent changes in the law concerning software patents, software startups should more heavily consider trade secret protection to protect…