Intellectual Property Advice

DON’T MESS WITH TESLA?


How My Crazy Trademark Strategy Revealed Tesla’s Woke Lawyers. I believe in covering your bases, and leaving yourself a backup.  When filing a trademark application for my own business I’ve been known to file two in advance, and let the trademark examiners make my final choice.  That’s how I ended up with “Hybrid” as the brand that conveys my patent-pending  [...]

THE APRIL FOOLS’ STUNT I DIDN’T DARE PULL


This one goes back more than a few years, but it’s being resurrected because the issues are timeless, and it’s a little amusing looking back when I was just a bit feistier, at least in print.  Email me if you have a good guess as to what year it first appeared. It was so tempting, but I didn’t dare poke the giant beast, even though I could have gotten away with it,  [...]

HOW A “LIFEBOAT” KEEPS YOUR PATENT RIGHTS AFLOAT


...saving money until you are ready. Sometimes a topic is important enough to revisit after a few years. This one reexamines the frequent question of how to “extend” a provisional patent application beyond its natural 12-month life. My readers all know that the smart start for a small inventor or a new company with an invention to protect is a Provisional patent  [...]

WHY YOU PROBABLY DON’T NEED A PATENT SEARCH


And the Key Signs that Indicate When You Do I love to give advice, especially when I know my prediction will never be wrong.  My favorite advice is to predict a 50-50 chance of success.  Because no matter the outcome, I’m never wrong. My other favorite is recommending a patentability search.  Because no matter the results, my client is happy.  If we get “good”  [...]

GOING ABROAD WITH YOUR PATENTS


When Foreign Patent Protection Makes Sense for Firearms Inventions (The answer is “Probably not, unless…”) As an inventor myself, I know the enthusiastic feeling that your invention is going to be an incredible success, and wouldn’t it be a tragedy if you had only the US market protected and the rest of the world was knocking off your invention willy-nilly without  [...]

LET’S GO BRANDIN’!


How to Pick Trademarks That Help You Sell, and Won’t Get You Sued. One of the most fun parts of my law practice is helping clients pick trademarks.  I don’t charge extra if I come up with an idea you love enough to use on a new product, or for your new company.  I always promise that some day when my portfolio of successful brand picks is impressive enough, I’ll put  [...]