New Entrepreneur Resource Available: The Entrepreneurs IP "Meetup "

The Entrepreneurs IP Blog announces the formation of a "Meetup.com" group for Entrepreneurs interested in Intellectual Property (IP).

This meetup will focus on IP as it related to Entrepreneurs.  Of course, we will be holding sessions addressing copyrights, trademarks, service marks, trade secrets, and patents.  We prefer casual meetings in the evenings so that those who have day jobs can attend and so that everyone can relax and have a bit of fun.  Our first meeting will be on Thursday February 11, 2016 at a location available only to members.  

If you own an entrepreneurial company, have a technology-based concept you wish to develop, and/or are Entrepreneur interested in IP, you should join the group and attend our meetups.  We also invite other Entrepreneur-based meetups, groups, organizations, etc. to join us and to spread the word about this new entrepreneurial resource.  

More information about this meetup can be found at http://www.meetup.com/Entrepreneurs-IP-Meetup/.  Or you can navigate to www.meetup.com and search for “Entrepreneurs IP” and it should come up in the results.  Note: that the meetup.com website takes a few days to propagate new meetups through their system and searching might not yield a “hit” for another day or two.  Please be patient.  

In the meantime, for more information about IP as it relates to Entrepreneurs feel free to visit www.villhardpatents or call The Villhard Patent Group at 512-897-0399.  We would welcome the opportunity to discuss your situation with you. 

Open Source Software: Hamstringing Patent Rights

In the rush to develop their software many Entrepreneurs often choose to incorporate open source software into their mobile applications, websites, other proprietary software, the underlying algorithms, etc.  Yet, these modules of open source software can carry a very real threat in the form of the so-called “copyleft,” or open source, agreements associated with them. 

Copyleft agreements come in a large variety, some of which are rather harmless.  For instance, some of these agreements merely allow a party to re-use the associated software with few restrictions.  But some copyleft agreements dictate that the (re) user of the associated software allow others to use the programs into which they incorporate the open source software without restrictions and/or for free. 

Typically, these agreements also stipulate that by merely re-using the open source software, the re-user agrees to the terms of its copyleft agreement.  This means that by re-using such software, effectively, the re-user has granted a royalty free license for others to use their otherwise proprietary software.  This situation can effectively hamstring any patent rights the re-user/entrepreneur has in that software.  

Clearly, before using open source software, Entrepreneurs should have the associated copyleft agreement(s) reviewed by an Attorney.  In the alternative, Entrepreneurs should weigh carefully the associated risks or develop their software independently. 

We at the Villhard Patent Group would enjoy discussing your potentially patentable ideas with us.  For more information about us, please see www.villhardpatents.com or call us at 512-897-0399.  We look forward to hearing from you.

Pitfalls In Mid-Range Provisional Patent Applications

“Mid-range” provisional applications often conceal serious pitfalls.  Yet, many firms draft these documents for a temptingly small amount.  A provisional application is a client-prepared document that most Attorneys will file for $1000 (plus government fees).  On the other hand, prices for an Attorney to draft a non-provisional application lie along a broad spectrum typically between $8000 and $15,000 

Mid-range provisional applications supposedly bridge the gap between the two other types of application.  Typically, firms will ask between $3000 and $5000 to “prepare” a mid-range provisional application.  But that preparation, in this blogger’s experience, is typically handed off to a very junior Associate.  They might spend only a few hours on it thereby producing a few pages of text.  Moreover, it is unlikely that, on such a meager budget, that a senior Attorney will have any billable time to spend reviewing it.  Thus, from a legal “quality” perspective, these documents tend to be poorly written.

Moreover, only rarely are any claims drafted as part of the mid-range provisional application.  Claims, of course, are the heart and soul of a well-crafted application.  Without claims to guide the drafting, the mid-range documents tend to stray from what the point ought to have been.  Moreover, it is possible for the drafter to completely miss the point of novelty.  Further still, if they do manage to address the point of novelty, they might give it only a cursory treatment.  

Converting these excuses for patent applications without an extensive re-write only compounds these problems.  For during arguments with the Patent Office (during the prosecution phase of the resulting non-provisional), your Attorney often finds his hands tied by the original poorly drafted document.  And many of these problems cannot be fixed after the conversion.  Bottom line: you get what you pay for.  Buyer beware.

We at the Villhard Patent Group would enjoy discussing your potentially patentable ideas with you.  Please see www.villhardpatents.com for more information about us or call us at 512-897-0399. 

Post Launch Patenting and the "Offer For Sale" Death Penalty

Often entrepreneurs launch their products or services before they’ve spoken with a Patent Attorney and then find out that they have blown the chance to obtain patent protection.  As we have bemoaned here repeatedly, the America Invents Act laid a nasty trap for the un-weary with the new “offer for sale” rule.  This rule imposes an instant death penalty on any patent application filed after an entrepreneur offers for sale a product/service incorporating an otherwise patentable idea. 

Indeed, any attempt to commercialize the idea might be enough to trigger this harsh rule.  Yes, the law does provide some exceptions such as that the inventor has to understand the idea well enough to be able to describe it well enough that those possessing “ordinary skill” in the technology would be able to reproduce the invention.  Also, there is room to argue that a “private sale” (e.g. one made under a non-disclosure agreement) will fail to trigger the rule.  Yet, many entrepreneurs run afoul of this rule anyway.

For instance, launching a web service and attempting to make money off that service represents one common and understandable strategy that could trigger the rule.  Yet, a careful analysis of the launch might salvage some patentable material.  In some cases, for a variety of reasons, entrepreneurs stagger their launches.  Some features might be delayed because of development delays.  Some features might be delayed for marketing considerations and so forth and so on.

In such situations, if the as-yet-unlaunched features remain un-commercialized, they might still be patentable.  Therefore, since it is often the case that some profitable features might be rolled out later than the core concept there might be enough life left in the product that attempting to patent it might make sense.

We at the Villhard Patent Group would welcome the opportunity to provide an initial review of your situation/launch.  For more information about us please visit us at www.villhardpatents.com or call us at 512-897-0399.  We look forward to speaking with you. 

Patent Reform Discussion with Senator John Cornyn in Austin, TX

Senator John Cornyn will be giving an update on patent reform on Tuesday October 7, 2014.  Capital Factory (701 Brazos Street, Suite 1601) will be hosting this event and here is a link to the Startup Week schedule. 

Please attend if possible and urge him to make the next round of changes more entrepreneur friendly.  More specifically, let's urge him to restore the one-year grace period that used to follow an offer for sale/attempt to commercialize an otherwise patentable idea.  For those who are unaware of this entrepreneur trap, currently in the U.S., an offer for sale immediately invalidates any subsequently filed patent application. 

The most common solution to this problem is to file a provisional application before making any offers for sale.  In addition, if you have time, examine your business plans and your R&D plans to determine when you will likely be ready to describe your idea well enough that someone of ordinary skill in the art/technology could make, use, operate, etc. your idea and when you expect to start making offers.  You should have your provisional on file before that date and/or have a non provisional application on file too (if possible).

We at the Villhard Patent Group would enjoy discussing your plans with you.  For more information about us, call (512) 897-0399 or visit us at www.villhardpatent.com.