If a startup company uses an exclusive licensed IP from a university, what usually happens if the company wants to get acquired by a larger company? Do large companies usually avoid acquiring a company with a licensed patent? The question can be answered whether or not you have an exclusive license to the IP from a University,…
The 2 Most Common Rejections of a Patent Application Several months after your patent application has passed preliminary examination, the process of substantive examination will begin. During substantive patent examination, a patent examiner is assigned to review your application. The patent examiner will, among many other actions, assess your patent claims and perform a patent…
How Do I Form My Entity in Georgia? The following are general, step-by-step instructions on properly forming your Company (Business Entity) in Georgia. If you have any questions through out the guide please feel free to contact SmartUp. Consult with an Attorney for Free REQUIRED ITEMS: 1.) Company Name. Decide on the Entity’s Name Consider the following…
Foreign companies often ask me what their first step to bringing a product to the US market should entail on the legal end. My answer is simple: make sure that your product would not infringe the intellectual property rights of others. When it comes to marketing and branding, a trademark search may suffice. When it…
Patent Expiration – Should You Reapply on Your Provisional? I have not started manufacturing and my provisional patent application has expired. Should I re-apply for a provisional patent or apply for a full utility patent? Once a provisional patent application has expired, you may refile the same provisional application on condition that you have not…
Who Really Owns An App Patent And Copyright On A Team? Jack and Jill work at ACME. Jack is the owner of ACME who partnered with Jill to help develop some software. Jack and Jill never had a formal arrangement made in writing… For various reasons, Jack and Jill are now ready to terminate their…
Understanding Patent Requirements and Protecting Ideas I have an idea that I think is/could be patent-able based on the requirements of patent-ability, but I do not yet know exactly how to make it. For example, I want to add a certain useful feature to a shoe, but do not know the best way to add…
Understanding Social Media App Patent Processes I am creating a social media app. Do I have to patent the process of what the app does? To avoid copycat versions? Or do I have to launch and create a big network effect? I am not creating any new software or technology, but the way the process…
In the US, provisional patent applications are kept as confidential documents, away from public availability. There is no publically accessible database in which you can search or verify provisional patent filings. This is to protect and preserve your rights while your product is still in the beta/development phase. It also allows you to let the…
When using a recording of a concert, there are actually several copyrights at play. Copyright law is interesting, so bare with me. First, there is the copyright that belongs to the composer of the music. This copyright covers the “musical composition” – think of it as the ‘musical notes on a piece of paper.” No…
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