IP for Startups

Articles of special interest to entrepreneurs, small businesses, and start-ups.

IP articles for start-ups

The Supreme Court Issued a Unanimous Decision

The Supreme Court issued a unanimous decision (it does happen) today in TC Heartland LLC v Kraft Food Group Brands LLC. The Court found that a plaintiff must bring patent infringement suits in the defendant’s state of incorporation or where the defendant has committed acts of infringement and has a regular and established place of business.

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“They are Infringing But I Don’t Want To Sue Them: Let’s Just Send Them A Letter.”

That’s a common thought among patent owners but before sending a letter with accusations of infringement, it’s important to understand that such a letter can itself be the basis for a lawsuit. And while you can send a letter and perhaps avoid getting sued, the threshold for being subject to a lawsuit, called a declaratory judgment action, is low.

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IP Law For Startups: A Primer Presentation

I gave this short presentation at the University of Pennsylvania’s Wharton School this past week. The idea was to introduce the students to the IP issues they may see at the beginning of their startup cycle, and only briefly touch upon the IP issues they might see at the end. If you have questions, contact me.If…
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The Rise of the Startup Manufacturer

An Article in Schott, P.C.’s IP Law For Start-ups SeriesBy Stephen B. Schott “Some software startup founders are evolving into product startup founders. It’s an interesting trend.” A product startup founder said this to me over coffee a few months ago. Since then, I’ve been giving what he said some consideration. Has the time of the startup…
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Start-Up’s Primer On International Patent Protection

An Article in Schott, P.C.’s IP Law For Start-ups SeriesBy Stephen B. Schott sbsc The innovative start-up looking to protect its market and increase its value will often file for patent protection. But when making the decision to seek patent protection, it will quickly face a second question: Should the start-up file for international patent protection?There are a few things…
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Why You Should File A Provisional Patent Application, Especially If You’re A Start-Up.

An Article in Schott, P.C.’s IP Law For Start-ups SeriesBy Stephen B. Schott sbschott@schottpc.comYesterday I heard this conversation between a venture capitalist and a start-up company with an excellent idea.VC: “It’s a crowded market with lots of competition. Do you have patent protection?”Start-up: “No, not yet.”VC: “But you have some pending patent applications?”Start-up: “No, we wanted to get our…
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Start-Ups: Get A Patentability Opinion To Help Raise Money

An Article in Schott, P.C.’s IP Law For Start-ups SeriesBy Stephen B. Schott “I need money.” That’s a common complaint among technology start-ups. There are many ways to get money and one tool for convincing investors of any size to invest in your start-up is by securing a patentability opinion. What is a patentability opinion? A patentability…
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