It’s a story I have told for years: I had lunch with a new client. He has some great technology, and a strong foundation for a new business. And I faced the too-frequent dilemma when confronted by a lousy trademark he wanted to adopt. Do I tell him my actual opinion, or do I salute and earn the reward of helping him register a weak brand name that will impair the [...]
There are a lot of good reasons why my firearms industry clients and other clients want to do a patent search. Sometimes, they’ll hire me to the do the job, but I’d like to offer a reliable resource for doing it yourself. Some patent searches are too formal for do-it-yourself internet work, even by me. In extreme cases, finding the “smoking gun” patent that wins a [...]
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 years. But let’s be honest, [...]
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 [...]
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 [...]
BRANDING STRATEGY FOR MY NEW PRODUCT Just a mock-up, but getting real. Finally, I can now reveal how a trademark attorney picks brands, and even goes a bit overboard to maximize the potential value of the venture. It’s all about my hex key tool invention concept I wrote about in August. To recap, I used to get irritated with needing two Allen wrench sets and [...]
