When it comes to Intellectual Property, it is essential to consider your options and legal protection. There are many ways individuals can intentionally or unintentionally interfere with your Intellectual Property. Helpful hints to avoid interference by others: Have a Trademark registered for your desired brand’s name, logo, or design to ensure they are secured and […]
Widerman Malek Law Blog
Protecting Software Using Patent And Trade Secret Law
Protecting Software Using Patent And Trade Secret Law Traditional legal strategies have pitted trade secret law and patent law against one another. This is because patents are made public while trade secrets must be kept confidential. However, there is a way to utilize the best of what both have to offer.
Is There Legal Protection for Software?
Although the protection strategy has changed, the answer is yes. Until recently, software patents accounted for about half of all utility patents issued by the USPTO. Application of a 2014 U.S. Supreme Court case, Alice v. CLS Bank, effectively slammed the door on this practice. Likewise, software patents issued prior to this decision have been […]
What is a trade secret?
Special sauces, secret ingredients, secret inner workings, special ways to train employees; we come in contact with products and brands that have these trade secrets every day. These trade secrets are what make that product so special. Have you ever wondered how a company legally protects those trade secrets? In almost all states, a trade […]
What is Intellectual Property?
If someone asked you about Intellectual Property, would you know what they were talking about? Would you think it was a smartly built house? Maybe one of those smart phones? You would be wrong if those were your guesses. Intellectual property has to do with creations of the mind. A painting by Van Gogh would […]
IP Security Policy: Pre-Hire
Topics related to intellectual property routinely are neglected in daily business planning and operations (which is surprising given that intellectual property is by far the main value driver in most businesses). Take, for example, the hiring process. Businesses put a lot of time and effort into identifying employment candidates, planning and conducting candidate interviews, and orienting hires […]
Can I Patent My Food Recipe?
Family restaurant recipes are often kept secrets to protect their livelihood and fend off competition, but it is rare for restaurants or individuals to claim patents for their food recipes. Why is that? The reason is it is simply too hard to prove a recipe is new and never invented before. I mean how many […]
Patent: A Tool, Not A Business
A patent in the United States grants an inventor the right to exclude others from making, using, selling, offering for sale, or importing the claimed invention in this country. Such a right to exclude competitors can be a useful business tool. But too many inventors, in my opinion, delay the birthing of an invention-centric business […]
Should I Seek A Foreign Patent: Invention Factors
As mentioned in an earlier blog, many businesses are unaware of the need and/or are unfamiliar with the procedures to extend patent rights outside the United States. This article describes some factors characteristic of the invention itself that one may consider when making the important decision to file for patent protection in foreign countries. Invention Factors […]
How Do You Protect a Trade Secret?
Everyone knows the best way to protect valuables from thieves is to simply lock valuables in a safe or deposit the valuables in the banks. This is assuming your valuables are tangible items. What if the valuable is non-tangible? How then is one supposed to secure it from being stolen? Non-tangible valuables like company trade […]
