As an intellectual property (“IP”) attorney, there are two things that I’m often doing: explaining what I do and advising others what they should do. As an entrepreneur, there are two other things that I’m often doing: finding out what I don’t know and trying to get out of my own way. And as the author of this article, there are two things that I’m going to do: bring these concepts together and explain how they may help you. But one thing that I am not going to do is use A.I. to write this article. You can do that on your own – and at your own peril. I strongly advise against it. (Call me old fashioned…)
As you can tell from the title, I’m going to talk about patents. However, before I dive in, I’ll recite the obligatory legal disclaimer: this article is intended to serve as an informal introduction to IP as it relates to entrepreneurs; it is not an exhaustive overview of IP; it is not a legal treatise; and it does not constitute legal advice. I’ve chosen specific topics and examples for this article based on questions asked of me and discussions I’ve had with others over the years. I’ve intentionally omitted information that would not fit in this article, and that information may be relevant and/or important to you. Please contact me, or another IP attorney of your choice, if you have questions or would like to discuss how the topics in this article specifically relate to you and/or your business.
Find Out What You Don’t Know.
What is IP?
At a very high and simplified level, I’ll explain IP this way: patents protect inventions, trademarks protect branding, copyrights protect creative works, and trade secrets protect anything that you want to (and can) keep a secret.
What do I need to know about patents?
People often come to me with an idea for an invention, but ideas alone are not patentable. Neither are mathematical equations, laws of nature, or other abstract ideas… Rather, an inventive application of an idea may be patentable, but it must be both useful and new, as well as not an obvious combination of existing “things,” for lack of a better word. There’s a lot of nuance to this, but just know that an idea alone, no matter how new or great that idea may be, needs to be more than the idea itself to be patentable.
It's also important to be aware of the one-year filing clock that starts ticking in the U.S. once you publicly disclose an invention or offer it for sale (among other scenarios of public disclosure). In other words, it pays to be mindful about what you tell people, to whom and why you tell them, as well as when you tell them. Thus, the consequences of disclosing your invention to others before filing a patent could be fatal to your future patent filing.
Get Out of Your Own Way.
Just because you can do something, it doesn’t mean that you should do it. When it comes to your business, there’s a reason you’re in the position you’re in, and if you’re reading this article, it’s probably safe to say that you’re not in your position to practice IP law. The time you spend trying to navigate the ins and outs of IP on your own is time you’re not spending in the area in which you’re uniquely positioned in your company to spend. Thus, time spent addressing IP issues on your own may not be the best use of your time.
As a business owner – and especially as an entrepreneur – you weigh costs against benefits on a constant basis. You project the estimated cost savings of doing things yourself in lieu of having others do them for you. After all, you got this far… surely you can figure it out, right? And that seems especially true with easy-access A.I. at the ready. But I strongly caution you to evaluate the cost of getting it wrong; the cost of missing out on an opportunity out of ignorance or misinformation; and so on. Some mistakes simply cannot be undone. Weigh those costs against the cost of having a discussion with an expert who can confirm that you’re on point, illuminate your blind spots, and/or give you peace of mind that the job will be done correctly. This is my advice regardless of the relevant area of expertise in question, and it is especially true when it comes to the law generally and to IP specifically. It’s been said that one who represents oneself has a fool for a client. Don’t be that fool.
If you’re ready to discuss IP and how it relates specifically to your business, please contact me at jason@jhwoodrufflaw.com and check out my website at https://jhwoodrufflaw.com.