Copyright Assignment Defects: The Drafting Errors That Survive Decades
A single defective assignment from 2017 can void substantial brand value in 2026. The same five defects appear in M&A diligence year after year. Copyright assignments fail in predictable ways. Companies discover the failures years later — in M&A diligence, in litigation, in investor diligence — long after the cure has become difficult. Five drafting defects account for nearly all of the failures, and each is preventable at modest cost when caught early. This post addresses the recurring assignment defects, the doctrinal reasons they fail, and the cure strategies that resolve them before they become deal-breakers. The “Agree to Assign”… [read more]
Asset Integrity: Why Your IP Schedule Is Lying to You
When was the last time anyone audited your IP schedule against the underlying registries? If the answer is “never” — or “I don’t know” — the schedule attached to your last fund Aged Trial Balance or M&A package was probably wrong. The fix is structural. Every IP schedule is a snapshot. Every snapshot is wrong by the time it is delivered. The question is not whether the schedule is current — it is whether the variance between the schedule and reality is small enough to defend, and whether the underlying records support reconstruction when challenged. For most companies, the answer… [read more]
Freedom-to-Operate Analyses: Scope, Timing, and Practical Limits
Freedom-to-operate analyses tend to fail in two ways: too late, when the product is already in market and a competitor’s patent has surfaced; or too broad, when a comprehensive scan across an entire technology space produces a deliverable no one can act on. Both are products of unclear thinking about what an FTO is for. This post covers what an FTO opinion is and is not, when to commission one, the decisions that set its scope, what the deliverable contains and where its limits lie, and how to build FTO checkpoints into product development. What an FTO Is and Is… [read more]
Smart Contract IP: Legal Considerations for Developers and Blockchain Businesses
Smart contracts—self-executing code that automates transactions on the blockchain—are revolutionizing how agreements are formed, executed, and enforced. However, the intersection of smart contracts and intellectual property (“IP”) law remains complex and rapidly evolving. Unlike traditional software, smart contracts often operate in decentralized environments, incorporate open-source components, and may involve contributors across multiple jurisdictions. As such, understanding how to protect and manage the IP associated with smart contracts is critical for developers, startups, and investors operating in the Web3 space. Here are key IP issues to consider when building, using, or investing in smart contract technology. Ownership and Authorship: Who Owns… [read more]
Is Your Invention Patentable? A Strategic Guide for Innovators Navigating Patent Law
For inventors and entrepreneurs, conceiving a new product or process is only the first step. The next, often more complex question is: Is my invention patentable? This question isn’t just academic—it can define your path to market, shape your fundraising potential, and protect your competitive edge. Patent law, however, is technical, jurisdiction-specific, and highly strategic. Understanding what makes an invention patentable—and what common pitfalls to avoid—can make the difference between securing meaningful rights and seeing your idea copied without recourse. This guide walks you through the essential elements of patentability and the practical steps every inventor should take to position… [read more]
Consistency in Trademark Use: What Every Business Needs to Know
Consistency in use of a trademark over time is crucial for several reasons, all of which contribute to the strength, value, and enforceability of the trademark. That is, you should use your mark in the same manner, each time you use it. If the mark is two words, such as “GREAT MARK,” use it always as two words and not combined as one word. If you have a mark with two elements combined into one, such as “GREATMARK,” use it always as combined elements as one word. Here’s why maintaining consistency is important: Brand Recognition: Consistent use of a trademark… [read more]
