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How Can an Investment Invalidate a Patent?
Structuring a venture capital investment is almost always tricky, but if both sides aren't careful, they may inadvertently create problems with any pending patent applications the target company is prosecuting. The U.S. Patent and Trademark Office (USPTO) allows certain parties, such as small businesses (referred to generally as “small entities”), to pay reduced fees. This can be a big benefit to small businesses and individual inventors, many of which have only limited funds with which to prosecute a patent application.
Most patent attorneys and patent agents evaluate a client for small entity status based on the “500 employee rule” ' that is, if the client has fewer than 500 employees, they are a small entity. This rule serves well for a quick “ball park” determination and the elimination of large clients from eligibility, however determining whether a party truly qualifies as a small entity is more complicated. For example, in certain circumstances, a company that would qualify as a small business under the Small Business Administration's (SBA) loan qualification guidelines might not qualify as a small entity for the purpose of paying reduced USPTO fees. Improperly claiming small entity status during patent prosecution can open a patent to attack during litigation, and the cost of defending against such a claim can easily exceed the savings on government fees. Careful evaluation of a company's small entity status is therefore warranted before claiming such status.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.