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]
What’s In a Non-Provisional Patent Application? A Step-by-Step Breakdown for Inventors
Filing a non-provisional patent application with the US Patent and Trademark Office (USPTO) is a critical step toward securing formal patent protection. Unlike a provisional application, which merely holds your filing date for 12 months, a non-provisional application is a full legal document that initiates the formal examination process and can result in an enforceable patent. To be accepted and successfully prosecuted by the USPTO, your application must be comprehensive, accurate, and fully compliant with the agency’s technical requirements. Below is a breakdown of the key components every applicant should understand and prepare before filing. The Specification: Telling the Story… [read more]
IP Risks and Strategies for Crypto Hedge Fund Managers: What You Need to Know
As cryptocurrency and blockchain-based investments mature, crypto hedge fund managers face a growing list of intellectual property (IP) concerns that differ significantly from those in traditional finance. Blockchain technologies, smart contracts, and token-based platforms introduce novel legal issues that can materially affect a fund’s portfolio, valuation, and long-term strategy. Here, we outline the most pressing IP-related issues that crypto hedge fund managers must understand and proactively address. Patent Risks in Blockchain Investments Patent Risks in Blockchain Investments Blockchain-related innovations are increasingly subject to patent filings by both startups and large technology firms. While the ethos of blockchain development… [read more]
The Basics of Patents: Protecting Your Inventions
Patents are a fundamental aspect of IP law, providing inventors with exclusive rights to their inventions. This entry covers the basics of patents, including their types, the application process, and the benefits. What is a Patent? There are three main types of patents: Utility Patents: Protect new and useful inventions or discoveries. A utility patent grants the patent holder exclusive rights to an invention for a specified period, typically 20 years from the filing date. Design Patents: Protect new, original, and ornamental designs for an article of manufacture. Plant Patents: Protect new and distinct varieties of plants that have been… [read more]
The Way Forward: From Conception to Enforcement of Your IP Rights
It’s never too early to consider protection of your intellectual property or to consider where things stand with your business as you start up or continue forward, grow, and mature. It all starts with the conception of your idea and how you are going to implement it in your business. The next step is figuring out what exactly you have conceived. You may have heard this called an “IP Audit,” but really it is an overall evaluation of what you have, who owns it, and whether it is protected — or even worth protecting. Is it a patentable subject matter?… [read more]
What Do Chevrons, Stripes & Romance Have in Common? A US Supreme Court Decision!
If you thought that US Supreme Court justices lacked romantic proclivities, you’re wrong! Some months ago, in a conversation between the justices about a very important copyright issue involving fashion, Justice Stephen Breyer stated, “The clothes on the hanger do nothing. The clothes on the woman do everything.” Justice Elena Kagan immediately interjected with, “That’s so romantic!” Romantic or not, the justices were determining whether or not a feature of a useful article is protectable under Section 101 of the Copyright Act. Star Athletica, LLC v. Varsity Brands, Inc. This case involves two large manufacturers and distributors who compete in… [read more]
