What Business Owners Should Know Trade secret litigation involves legal action to protect confidential business information from misappropriation. For a company, trade secrets can be valuable intellectual property, sometimes constituting a large proportion of the business value, because they may include customer lists, business plans, data compilations, manufacturing methods, chemical formulations, source code, processes, pricing, […]

What Intellectual Property Owners Need to Know Entrepreneurs, inventors, artists, and other creators and owners of intellectual property assets need to have a succession plan for their valuable IP assets. The possibility of disposal of intellectual property in probate is a risk that should be avoided, if possible. In a probate estate, IP is generally […]

Real-World Legal and Business Risks Why would a company that makes no product threaten a patent infringement lawsuit? The US patent system permits patent owners to license and enforce patent rights regardless of whether they manufacture or otherwise provide the patented invention. However, patent trolls acquire patents mainly to collect licensing fees or settlements through […]

Explanation of the Meaning, Function, and USPTO Recordation of a Trademark Assignment A trademark assignment is the legal transfer of trademark ownership from one party to another. Business owners use an assignment to move a brand, mark, trademark registration, or trademark application when selling a business, moving intellectual property assets into a new entity, or […]

Its Effect on Patent Infringement The Doctrine of Equivalents is a U.S. patent law rule that can make an accused product, accused device, or accused process infringe a patent even when it does not literally infringe the exact claim language of the asserted patent. The doctrine limits the available design-around options for products and services […]

An Explanation of the Purpose and Function of Trademark Classes Trademark classes are the numbered categories used in trademark registration to describe the goods and services sold under a mark. They are a critical feature of the trademark application process because the applicant's goods and services must be placed in the proper classes at the […]

A Primer on an Important IP Tool A Copyright Licensing Agreement is a legally binding contract in which a copyright owner gives another party permission, through a copyright license, to use a creative work or other copyrighted material for a specific purpose under specific conditions. A license agreement is important because it turns informal approval […]

Introduction This article explains whether entrepreneurs and business owners can trademark a name, the requirements and process involved, and special considerations for personal and business names. Using personal names as trademarks Can you trademark a name, like Donald or Johnson? Yes, under certain conditions. In U.S. trademark law, a name can become a trademark when […]

What You Should Know About Patent Secrecy Orders The Invention Secrecy Act of 1951 is a federal patent law that allows the government to keep certain inventions secret when publication or disclosure could be detrimental to national security. Sensitive technologies that relate to weaponry, cybersecurity and encryption, or other technologies that have potential national security […]

How Businesses Determine the Value of Patents Patent valuation is the process of estimating the economic value of patents, patent portfolios, and related intellectual property rights. The process translates legal protection into practical business information for licensing, selling, patent acquisition, fundraising, mergers, joint venture planning, financial reporting, transfer pricing, and litigation. Because patents are intangible […]