It's been 10 years since I wrote this. Back then, the biggest change in patent law in my lifetime took effect. And it changed everything. The big change was that patent rights for an invention go to the first to file a patent application, not the first to invent (who has documents showing he invented it first). This means that if you show a new product at SHOT, anyone [...]
Sometimes, I know when clients have been reading this newsletter. Sometimes, I’m blown away to see something I wrote about years ago drive a client’s strategy. I just took a call from a client who told me they were getting ready to sell their company, and could we see about resurrecting some old trademark registrations they had earlier decided to let drop to save the [...]
Mustela frenata AKA the Common Weasel. AKA the lawyer for the guy who’s infringing your patent. Imagine being a general going into battle, and all the unanticipated intelligence about your enemy is gained as the battle is engaged. Now imagine having a magic “pause” button that halts the battle, and enables you to resupply, re-arm, and redeploy your troops in the [...]
It’s taken me 30 years of practice to realize it, but most of what I do is help clients manage decision making in an uncertain world. Getting comfortable with uncertainty, and managing it wisely are keys to success. The Covid-19 pandemic is a good example. At the outset, it looked like it might be very bad. I’m talking about ambulances hauling away dead neighbors [...]
HOW TO PROTECT “COOL” TWO FAMILIAR WAYS TO PROTECT PRODUCT DESIGNS, PLUS A THIRD WAY YOU’VE NEVER HEARD OF AND CAN UNDOUBTEDLY AFFORD. Everyone wants a patent. It’s perfectly logical to want to protect a new product. Technical innovations help set you apart in a crowded marketplace and a patent prevents anyone else from offering your innovation for 20 [...]
When you own property rights like patents or trademarks, you have the right to stop infringers. But only if you know they exist. Often an infringer will be operating below your radar and will come to your attention only late in the game, when the infringer is entrenched and reluctant to back off. How can we detect infringers as quickly as possible, so that their response [...]
