Intellectual Property Law for Innovators

Advantages of a UDRP Domain Name Proceeding

John Lindsay — Fri, 01 Feb 2013 01:42:45 +0000

Trademark and Domain Names A business can spend a lot of time, capital, energy in building rights in a trademark and the associated goodwill with the public. It can be devastating when a third party registers a domain name and … Continue reading →

3 Key Terms of a Software License

John Lindsay — Tue, 10 Jul 2012 17:50:24 +0000

If your company has developed software, it should create a software license prior to distribution of that software. A software license is the key instrument that defines the rights in ownership, usage, and distribution of software between the company and … Continue reading →

Taking Advantage of the Timeline for the PCT “International” Patent Application

John Lindsay — Sat, 31 Mar 2012 05:45:37 +0000

In the global market, today’s prudent company must evaluate patent protection for its innovative products or services. In doing so, the question arises as to which countries a patent application will be submitted. The general rule of thumb is that … Continue reading →

Overview of the PCT “International” Patent Application

John Lindsay — Wed, 30 Nov 2011 20:40:03 +0000

Patents are granted on a country by country basis. If a company is considering “international” patent protection, that is to say patent applications in multiple countries, there are two primary approaches: 1. Filing patent applications on a country by country … Continue reading →

3 Key Terms of a Patent License

John Lindsay — Thu, 27 Oct 2011 04:33:47 +0000

Congratulations! You’ve filed your patent application. The next step is for the inventor to commercialize the newly created intellectual property. The three primary options are to completely assign the patent rights to another party, license the patent rights, or to … Continue reading →

Misconception About First to File Provisions in Patent Act

John Lindsay — Fri, 21 Oct 2011 01:04:13 +0000

In receiving questions from clients and others, some incorrectly believe that the new first-to-file provisions of the recently passed patent legislation mean that the first party to file a patent application unconditionally has lawful rights in the patent application, even … Continue reading →

Ten Common Concerns with Expanding Business to the United States

John Lindsay — Mon, 13 Jun 2011 23:03:12 +0000

Ten Common Concerns with Doing Business in the United States

Website Terms of Service and Privacy Policies – More Than Law

John Lindsay — Wed, 23 Feb 2011 20:26:11 +0000

Some companies simply copy and paste the terms of service and privacy policies. This can be a costly mistake. The terms of service (“TOS”) and privacy policies (“PP”) should reflect the combination of legal, business, marketing, and ethical concerns of … Continue reading →

Trademark Protection and Control in Technology Matters

John Lindsay — Fri, 31 Dec 2010 21:10:49 +0000

Startup IP, Investors, and Nondisclosures

John Lindsay — Wed, 24 Nov 2010 05:22:02 +0000

Frequently, in an intellectual property consultation with a startup team, we inventory and discuss the intellectual property involved in the business plan and the timing, cost, and strategy in protecting it. As some intellectual property rights can be impacted or … Continue reading →

Governmental Sources for Inventor Prototyping and Manufacturing Assistance

John Lindsay — Mon, 15 Nov 2010 22:21:08 +0000

Many small businesses need help with design and development of inventions at various stages. A startup may want a mockup or virtual prototype in order to pitch for funding. Later, the business may need a working prototype for further proof … Continue reading →

Enforcing Intellectual Property Rights in the Startup Phase

John Lindsay — Sat, 30 Oct 2010 15:21:31 +0000

Mission critical assets of a startup business can include its unique products and its branding. If either is usurped, the emerging business may not survive for long. Because of that, the small business must consider protecting those assets. A frequent … Continue reading →

Four Free Sources for Possible Patent Licensees or Assignees

John Lindsay — Wed, 01 Sep 2010 04:16:04 +0000

Frequently inventors consider licensing or sale of their patent application or issued patent as the means for monetizing their intellectual property. One challenging step is to determine who might be interested in licensing or purchasing the patent rights. Determining potential … Continue reading →

Two Advantages of Monitoring Use of Your Trademarks

John Lindsay — Thu, 19 Aug 2010 21:01:31 +0000

You’ve probably read about the recent dispute between Best Buy, owner of the “Geek Squad” trademarks, and Father Luke Strand of Holy Family Catholic Church, (former?) owner of a VW Beetle adorned with a “God Squad” logo. One of the … Continue reading →

Myths Regarding Integrating Internet Data Into Applications

John Lindsay — Sun, 01 Aug 2010 04:36:29 +0000

Lookin’ for information on a chemical, well there’s a database for that. Looking for barcode information, well there’s a database for that. Lookin’ for a local restaurant, … you get the point. There is a lot of useful published data … Continue reading →

3 Key Terms in a Copyright License

John Lindsay — Sun, 01 Aug 2010 02:37:22 +0000

Licensing is one method of commercializing copyrighted material. A license is an agreement which permits another (“the licensee”) to use the intellectual property of the owner (“the licensor”) in a certain manner, typically to sell products based on the intellectual … Continue reading →

Post Bilski Commentary For Software Startups

John Lindsay — Wed, 30 Jun 2010 21:41:52 +0000

By now you’ve probably read about the “Bilski” decision recently released by the Supreme Court. Most of the coverage has been more focused on the policy aspects of the decision. This post focuses on where a software startup stands from … Continue reading →

Patents – An Overview of the Application Process

John Lindsay — Fri, 25 Jun 2010 20:39:57 +0000

Frequently, the creator of an innovative new product or process may seek patent rights in order to exclude others from practicing the new product or process. The typical steps involved in the process of applying for a patent include: performing … Continue reading →

Startup Myth – First Come First Served for Domain Names

John Lindsay — Tue, 01 Jun 2010 02:16:40 +0000

Frequently I encounter businesses seeking to protect a brand name. In discussing the actions taken to date taken, owners frequently state that they have registered the domain name corresponding to the desired brand name. Frequently, they believe that their name … Continue reading →

Top Startup Trademark Mistake – Failure to Research and Protect the Business Name

John Lindsay — Tue, 25 May 2010 20:20:08 +0000

For emerging businesses, the business name is often synonymous to its branding. The business name may be used in the first product name, domain name, and advertising. A lot of time, money, and thought can be expended while creating that … Continue reading →

Small Business Innovative Research Funding for Your Patentable Concept

John Lindsay — Wed, 31 Mar 2010 16:28:53 +0000

Funding is a concern for many startups and small business creating new products. The Small Business Innovation Research (SBIR) is a congressionally authorized, federal program that may be an option for funding for some of those businesses operating in select … Continue reading →

Provisional Patent Applications Must Have Sufficient Technical Description

John Lindsay — Thu, 04 Mar 2010 14:10:10 +0000

Frequently I hear the misstatement that one can just submit some notes and pictures of one’s product in a provisional patent application. People think this is so because the application is “informal” and will not be examined by the patent … Continue reading →

Beware: Patent Application Drafting Software

John Lindsay — Sun, 21 Feb 2010 12:48:38 +0000

I have reviewed a few situations where someone has sought direction after submitting a patent application which was created using patent application drafting software. Such software is typically marketed as allowing one to create quality patent applications without having any … Continue reading →

Warning: Inventor Assistance Companies

John Lindsay — Sun, 21 Feb 2010 12:42:16 +0000

It is tough to sit across the desk from someone and tell them that I think someone took advantage of them, especially when that money could have been better used to help them with prototyping or other steps in their … Continue reading →

Common Factors in the Decision to File a Patent Application

John Lindsay — Sun, 14 Feb 2010 20:14:29 +0000

When working with an inventor or startup, a frequent question is whether it is financially prudent to proceed with a patent application. More often than not, I am not in a position to concisely answer the question, as the question … Continue reading →