Extending Brands and Business Opportunities A trademark license agreement is a transaction in which one business (licensor) allows another (licensee) to lawfully use the licensor's trademark in exchange for a licensing fee. A trademark license agreement allows a licensee to leverage a licensor's established brand recognition without owning the mark. For the licensee, the agreement […]

What Kind of Monetary Recovery is Available? U.S. patent law provides for both injunctive relief, which halts infringing activity, and monetary compensation for the harm suffered by the patent holder. The monetary compensation may be measured in the patent holder's lost profits or a reasonable royalty that the infringing party would have paid. Also, in […]

Building Trademark Rights in Descriptive Trademarks Trademarks vary in their distinctiveness and ability to uniquely identify a source of goods or services. Some marks are inherently distinctive and can function as trademarks right away. For example, NIKE is a distinctive trademark with respect to athletic wear and shoes because it has no meaning with respect […]

How Patents Expire and Lapse - the Legal Implications It is generally known that patents allow the owner exclusive rights to exploit an innovation. However, the period of that protection is limited. There is a basic quid pro quo that underlies US patent law: if you develop a new and useful invention, you can have […]

Business Owners Should Understand the Different Types of Trademarks When launching a new product, service, or business, you should create a brand around it and protect that brand. It is a worthwhile exercise to familiarize yourself with the different types of trademarks available under trademark law. Whether you're naming a new streaming service, labeling an […]

Patent Process Timeline The patent application process is complicated, with many technical and procedural requirements that many businesses, entrepreneurs, and inventors are unaware of. The path from concept to patent grant takes considerable work, expertise, and time. Each stage of the process carries distinct legal and procedural requirements under U.S. patent law. This article details […]

An Explanation of Patentable Subject Matter Businesses and entrepreneurs often face a critical problem: they fail to recognize patentable subject matter in their innovative products or services and inadvertently forfeit valuable patent rights by entering the marketplace without first filing a patent application. Whether developing cutting-edge digital technologies, advanced electronics, chemical innovations, novel consumer products, […]

The Written Description Requirement under US Patent Law The written description requirement under 35 U.S.C. §112(a) plays a foundational role in U.S. patent law. This requirement mandates that a patent specification contain a "written description of the invention" in a full and clear manner. Over decades, this statutory provision has evolved through jurisprudence to function […]

An Explainer for Business Owners and Entrepreneurs Business owners and entrepreneurs need to have a basic understanding of intellectual property law. Whether launching a startup, developing a product, or building a brand, you need to know how intellectual property rights can protect and affect your business. It is not uncommon for lay people to be […]

Ownership of Copyrights in Your Commissioned Project Works for hire or “Works made for hire” is a statutorily defined category of works for which copyright ownership is transferred from artists and other creators to the party who commissioned their creative work (e.g., an employer or contracting enterprise). The work made for hire statute vests copyright […]