Government contractors must proactively negotiate rights among co-collaborators prior to beginning the collaborative process and recognize that the government’s interest in the collaborative workplace may not be aligned with that of each collaborator.
U.S. Patent and Trademark Office 37 CFR Rule 1.56: How Should Patent Applicants Approach Compliance?
All companies should be aware of the Rule and determine at an early stage how inventors should be educated regarding compliance. Often, companies and their patent counsel train inventors to avoid attempting to perform prior art searches or compare their inventions to “what is out there.” This is prudent for a couple reasons.
Trade secrets are often the catch-all category of intellectual property (IP) protection. Patents cover inventions, copyrights protect creative works of expression, trademarks focus on branding and trade secrets… well, they cover the rest.
Why should research and development (R&D) teams or organizations care about patents? The answer might surprise you. A recent report by Forbes states that each year R&D introduces more than 250,000 new products into the marketplace. Of those, 66% will fail within the first two years.
In Part 2 of this series, we discussed the need to valuate your IP assets as well as the methods you can use to achieve this end. This final segment focuses on the rubber-meets-the-road question of what kinds of protection should be used for each IP asset and how much should be spent on that protection.
Whether a company is a start-up or a large enterprise, there are a few basic truisms in running a successful business. Controlling costs and recognizing returns on investments are high on that list. Running a business, be it large or small, is a balance of risks and...
Space is rapidly commercializing. In commercial markets, the protection of intellectual property is key to establishing and maintaining a competitive advantage. As space is increasingly reliant on computer-based systems, software protection has become a foremost concern. While copyrights have long been associated with the protection of software, copyrights alone fail to protect the functional aspects of code. Patents must be considered and utilized in conjunction with copyrights to provide companies with a defensible competitive advantage.
Space is a whole different ball game for IP rights. Securing IP rights means navigating a host of convoluted international rules and regulations, all of which are increasingly under enormous pressure to change as a result of both the commercialization of space and the population of space with myriad new members, facts which operate to continually morph the topology of evolving space law.
Patents, trademarks, and copyrights are commonly known as “intellectual property” or IP. As occasional high-profile lawsuits between large corporations illustrate, IP can be extremely valuable, causing companies to budget significant amounts of money to acquire, defend, and assert IP rights. The concept of IP can be controversial, prompting various constituencies to condemn the entire idea (e.g., as dampening innovation or hampering individuals and smaller entities), or to object to the vast sums spent on high-profile lawsuits and their resulting awards/settlement.
Software patents are a waste of time and money. Or are they? A well-quoted statistic states that 97% of all patents will fail to recoup their filing cost. It’s also been said that half of all businesses will fail within the first 5 years, and only one third will see their 10th anniversary. However, there are an estimated 100 million new tech startups each year.