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Building An IP Portfolio: A Strategic Approach For Startups
  • By: John Lin, Esq.

Setting Up Your IP Portfolio With Your Goals At The Center A startup’s intellectual property portfolio should initially focus on securing utility patents to protect the core functionality of its products. As the business grows, it can expand to include design patents to safeguard the unique appearance of the product. These steps provide essential protection for both the technical and aesthetic aspects of your innovations. Trade secrets may also be crucial in the early stages to protect confidential processes or innovations that give your startup a competitive edge. By keeping proprietary information secure, trade secrets can prevent competitors from gaining access to critical know-how without the need for formal patent filings. Along the way, you can continue to build your portfolio in line with your goals for short-term growth and long-term success. Some key strategies can include…  Utilizing Trademarks and Trade Dress For Branding As your brand becomes more established in the market, you may…Read More

Image highlighting the scales of justice, representing the critical role of IP in tech startups
  • By: John Lin, Esq.

Your Key To Long-Term Business Success Early intellectual property protection is significant for quantifying the value of your company. When you can show investors, buyers, or potential merger partners that your business holds patents or trademarks, it adds real, tangible value and will be a key asset in negotiations or during litigation. A strong IP position can also allow you to settle disputes more effectively, as parties can leverage their respective IPs to come to a deal that benefits everyone. For startups, this is especially important during the initial phases when most of the focus is on innovation. Early-stage ideas are typically the most valuable, and securing patents early on ensures you protect those critical assets. Over time, as your business shifts to market development and production, these early innovations often continue to be the most valuable assets. Protecting them from the start gives you a stronger foundation for long-term success. How To Avoid The…Read More

Attorney touching icons representing intellectual property - J. H. Lin Patent Law PC
  • By: John Lin, Esq.

Unpacking Intellectual Property (IP) Law Intellectual property refers to creations of the mind—innovations, inventions, designs, and symbols—that can be legally recognized as belonging to you. It protects the products of your hard work and creativity, granting you legal rights over them. Understanding the various forms of intellectual property is essential for safeguarding your innovations, distinguishing your brand, and ensuring that others cannot copy or exploit what you have worked so hard to develop. There are several key types of intellectual property that are particularly important for tech startups to understand. One of the most well-known forms is patents. Patents protect functional inventions. A utility patent, which lasts for 20 years, covers new and useful inventions, while a design patent protects ornamental designs for 15 years. Another common type of intellectual property is trademarks. Trademarks protect symbols, logos, or marks that identify your company as the source of specific goods or services. Trade dress, a specific…Read More

Diagram with the text
  • By: John Lin, Esq.

As technology advances, laws sometimes struggle to keep up. One area that presents particular challenges is patents. What qualifies as a true innovation worthy of protection, and how does one go about securing it? Read on to explore these questions, especially regarding software patents, and learn about: The eligibility criteria for software patents. The difference between copyright and patents for software intellectual property protection.  The timeline, costs, and mistakes that should be avoided when patenting software in the United States.  What Criteria Are Needed To Make Software Eligible For Patent Protections? One of the biggest challenges with patenting software is that it often does not involve something truly new. In the industry, this is referred to as a "human activity rejection." If your software merely automates a task that a human could perform or simply moves that action to a computer, your application is likely to be rejected. To be eligible for patent protection on…Read More

A patent document rests on a wooden table, secured with a chain and padlock - J. H. Lin Patent Law PC
  • By: John Lin, Esq.

In today’s globalized world, competition can come from anywhere, and copycats can too. This article will explain the stakes, strengths, and costs of international patent filing, including:  The steps required to obtain patent protection internationally for your product.  The advantages of international patent filing in today’s world.  The disadvantages, including the costs, of filing for patent protection internationally. Applying for patent protection is expensive and time-consuming, even in the United States. But the process becomes even more expensive when you apply for patent protection internationally. To obtain a patent in any particular country, the applicant must engage with the patent office of that country in accordance with that country’s laws. This is because every country has its own policy goals with regard to technological innovation and IP protection, hence a patent applicant must navigate through the necessary steps mandated by each country’s legal requirements. This is unlike trademarks, for which different countries have similar goals…Read More

Understanding Trade Dress: How To Protect Your Product’s Look And Feel
  • By: John Lin, Esq.

Ever wonder how Apple secured rights over its distinctive look? How can you create your own product or brand so that it stands out from competitors and is easily recognizable? This article will guide you through the process. It covers trade dress laws and practices, including: How to understand trade dress as a legal concept and valuable asset. How to document and register your product or brand’s trade dress and the costs associated with doing so.  How to distinguish trade dress protections from a design patent.  What Is Trade Dress In Layman's Terms? Trade dress is a complex legal concept because it aims to capture something that is quite difficult to articulate: how the look and feel of a product or place create an association in consumers' minds with a particular source, brand, or company. There are many well-known examples of trade dress in action, some of which you may already be familiar with without…Read More

The Cost Of Patenting: What Tech Startups Should Budget For
  • By: John Lin, Esq.

An idea is only as strong as its protections. When you want to build a company on one, you need to ensure it has strong foundations. This article explains why and how start-up founders and executives need to budget for patenting, including: The initial and ongoing costs of patent protections for your innovations.  Who needs international patents, and how much that will set you back.  How much you should budget for various levels and extents of patent protection.  What Are The Initial Costs Of Filing A Patent? Patents are an important investment that can become a priority for early-stage funding, though not every business owner, entrepreneur, or innovator realizes this. The initial costs come in two forms: drafting fees and filing fees. The Drafting Fee It’s important to hire a drafter or, ideally, a lawyer to draft the patent properly so that it will be accepted and complete. For a simple patent on a straightforward…Read More

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