Waiting to Protect Intellectual Property Could Doom Your Startup; Kellogg Insight, August 3, 2017

Mark McCareins and Pete Slawniak, Kellogg Insight; Waiting to Protect Intellectual Property Could Doom Your Startup

"Based on insights from Mark McCareins and Pete Slawniak

It pays to be certain your idea is original.  

McCareins: A prior art search needs to be done to make sure that what you’re getting patented is really and uniquely your own.  There may be a temptation not to do a comprehensive search because it's expensive, but you don’t want to find out later that someone had the same invention.  

People say, “Well I got a patent so I’m good to go,” but that’s only half the battle. Even when the U.S. Patent and Trademark Office has granted a patent, that doesn’t mean a federal court might not come in later and invalidate that patent based on another party’s complaint.  

Slawniak: When you file a patent, look around and do a search. See what other folks in the industry are doing. See what other patents are out there. Read the scholarly work around technology in your field and have some conversations with people in the industry. Your patent is a reflection of your R&D investment and your technological advantage, so it's important to know exactly where that product differentiation is. An exhaustive search will ensure you have a strong patent, and hopefully help your patent issue faster. When you have something you believe has value, it’s worth the investment of time to develop and protect it. "

What to do if you’re accused of patent infringement; Utah Business, August 2, 2017

Katherine A. Hamer and Nathan E. Whitlock, Utah Business; What to do if you’re accused of patent infringement

"Just as you are looking forward to the weekend, you receive a cease-and-desist letter accusing your company of patent infringement. Or, worse, you receive a summons and complaint. You have been sued. There goes the weekend.

As CEO, CTO or in-house lawyer, you may have only cursory experience with patents. It never occurred to you that what you sell could have been patented by others. And, until now, you had never heard of the company that owns the patent. What do you do?

Remember that anything you put in writing, other than to your lawyers, is potentially discoverable. So be careful of that email you are writing that says “looks like we might infringe.” Don’t write anything you wouldn’t want to see on the front page of The New York Times.

What you will need is the advice of an experienced team of patent attorneys. But first understanding something preliminarily about the patent, your risks and your options, will make it easier to have a productive discussion with your attorneys."

Patents harder to obtain now, attorney [sic] say; Tulsa Business & Legal News, March 17, 2017

Ralph Schaefer, Tulsa Business & Legal News; 

Patents harder to obtain now, attorney [sic] say

"Back in 1899, Charles H. Duell, then-commissioner of the U.S. patent office, said “everything that can be invented has been invented” and the office should be closed.

Duell should have fast-forwarded 118 years to look at what has happened as technology has exploded and changed the face of the world. He would get a different perspective from four GableGotwals lawyers who are facing challenges the 19th century commissioner could not have imagined.

Todd A. Nelson, Scott R. Zingerman, James F. Lea III and David G. Woodral are registered patent attorneys."