Archive for 'Intellectual property'

Bilski Haiku

Lots of great blow-by-blow analysis out there regarding Monday’s long-awaited U.S. Supreme Court decision on the extent to which software and business methods qualify for patent protection.

Here it is as a haiku.

Nine, robed black, have kept
The path to patents lit, for
Software and methods.

Be at peace.

Designing for the Future

Remarks delivered to open the Internet Technology Summit, Orlando, 22 June 2010.

It is human nature to root for the underdog. Make no mistake, we loves us some winners, but we adores us some winners when they come from behind.

May 26, 2010, was a momentous day for come-from-behind winners.

For example, on the Fox network, a [...]

Audit your IP Portfolio or Face Certain Doom

You are living every entrepreneur’s dream. After years of sleepless nights sweating for equity, you are preparing to cash out. Your startup company has become an acquisition target. After several rounds of negotiations, a strategic partner offers to buy your company for a whopping $100 million. You’ll finally get a good night’s sleep.

You are [...]

Are You a Lawyer? No? Then Shut Up.

The law can be strange and counterintuitive, and people can hold remarkably – sometimes catastrophically – wrong ideas about it. Here are some:

Myth: Mailing yourself a copy of your work means no one can steal your idea. Sorry. A postmark suggests a tiny bit of proof of genesis, but doesn’t create an [...]

Why register a trademark?

Why should I spend all this money on registering a trademark? Isn’t my domain name enough?

Short answer: because it’s cool to own stuff.

Long answer:

Your brand tells your customers where your products (and services) come from. In the minds of your customers, your brand is you. Artful brand selection fortifies market recognition. Pick a forgettable brand [...]

Startup Legal FAQ 12 – Why Own IP?

What’s the big deal with owning all this IP? Isn’t there more to my company than just my IP?

Yes, there is a bit more to your company than its Intellectual Property. But, on average, not much more. So it’s important to keep good records about the IP you have.

Here is one of a [...]

Startup Legal FAQ 10. – Why Use Independent Contractor Agreements?

I suppose I need an independent contractor agreement too?

Yes. Yes you do.

Ideally, you need one that uses the magic words “works made for hire.”

Ownership of intellectual property is counterintuitive. Mere payment for deliverables does not necessarily secure clean title from independent contractors. Under US copyright law, in order to be deemed to be “works made [...]

Copyrightability of recipes

Copyright protection attaches to original, creative works of authorship.  If a recipe is copyrighted, the copyright holder can usually sue anyone who copies it without permission.

Recipes typically have 2 sections: 1. the list of ingredients, and 2. the mixing & prep instructions.

1. Plain lists of ingredients are not copyrightable, or the protection, if [...]