The Traklight Blog

The birth of a company and the idea that fuels it can come at any time. If entrepreneurs waited until the conditions were ideal to start a business, many of the brands that we've come to know and rely on may never have gotten off the ground. Often early-stage businesses are run on shoestring budgets, trying to stretch every dollar as far as it can go.

Patent trolls have long been an issue in the world of intellectual property. For innovators, patent trolls represent an ever-present threat to their work, as one lawsuit could mean spending time and money they don't have on a court battle. For many observers, patent trolls are a miscarriage of the spirit of intellectual property laws, using an overly broad patent as a tool to extort money from companies rather than as a means of protecting their creations. But a recent court decision may prove a setback for future frivolous lawsuits.

When it comes to intellectual property lawsuits, there are usually a couple of different types observed. More often than not you can come across a startup or small business suing a major corporation, claiming the industry giant has come in and stolen their idea to further enrich themselves. Within that, there are usually those with a solid case mixed in with those deemed "patent trolls", looking to cash in on their broad patents that otherwise go unused. But on the occasions that you see two big names enter into a legal battle, it is worth noting, as the future of entire industries can shift based on a court decision.

This is a guest blog from author Brette Sember.

Technology has brought about a new slate of intellectual property issues that see corporations facing off in court. Google and Oracle were engaged in a lengthy court battle over the use of Java APIs in Google's development of Android software, and numerous other companies have taken legal action against their rivals for similarly unseen elements used in the development of software applications. And as more and more companies enter the same space, there is the potential for a proliferation of copyright infringement cases.

This is a guest blog from Bryan Brewer, Founder and CEO of Funding Quest, LLC and Creator of the Minimum Fundable Company Test.

For years I have been a big fan of the clever writing on The Big Bang Theory. We tease various family members about sharing Sheldon’s outlandish tendencies or making the same faces as Penny. However, a recent episode had me laughing for a different reason: patent mistakes!

Many companies find themselves in the crosshairs of so-called "patent trolls". Smaller businesses often don't have the resources to take on a protracted legal battle, regardless of outcome, and as such look to settle in order to avoid exhausting their resources. But large corporations with considerable resources and crack legal teams aren't immune from the scourge. With massive sales and market share comes a target on your back from non-practicing entities(NPEs) that see a way to exploit their patents to a huge payday if they win. And one such NPE just received a second decision against a tech giant.

As we've previously noted, intellectual property infringement is something of an issue in China. Whatever the underlying reasons might be, the proliferation of counterfeit goods is a problem for manufacturers concerned with losing market share to knockoff copies of their products. Innovators both in the US and abroad have to be vigilant of possible infringement, and willing to take action to stop copycats. One California startup did just that.

In today’s global economy, inventions and products easily cross borders.  For multinational corporations with intellectual property (IP) at the very foundation of their business, keeping IP secure is essential to survival. This security requires treating the invention as a trade secret or filing patents in specific jurisdictions around the world. Obtaining patent protection in multiple jurisdictions requires patent applications to be translated to and from a variety of languages.

In part one of the series, I discussed not doing the proper paperwork before going to market.

Myth 2: We can patent all of our ideas.

Unless you're fortunate enough to live in an area that is always temperate, you'll reach a point in the year where you're grateful for the modern marvel that is climate control. That's especially true here in the valley, where I dare say there's no better feeling than stepping from a blistering 110-degree heat into the cooled confines of an air-conditioned building. And as with most things, technology has greatly improved how we're able to heat and cool our living and working spaces, with companies vying to make the next great innovation. One recent lawsuit proves that the world of air conditioning can be as ruthless as a community college trade school.

How to safeguard your ideas or inventions is an important concern for many first time inventors or entrepreneurs. A small business, especially one that is looking to grow, has a lot to consider as they move through the winding roads of business success. Often times, small business owners are concerned about whether or not their innovation or IP can be lost.

While the number of ideas that are legitimately stolen is relatively low, it isn’t an unheard of scenario considering IP theft in the US tops $250 billion annually. Each year, hundreds of cases regarding patent, copyright or trademark infringement are heard in US courts. With this in mind, many business owners might wonder what they can do to protect themselves, especially when a small business is in a delicate growth phrase. We’ve collected three easy ways to safeguard a small business’ innovation.

How is intellectual property defined? Intellectual property (IP) pertains to things you create with your mind, not the ideas themselves, but the expression of the ideas in some form. An idea all by itself in your head, is not IP.

If you created something original, you may have a certain degree of protection against someone else using, claiming, modifying, or selling it. There are four common types of IP: copyrights, patents, trademarks (including design rights), and trade secrets. Every once in a while we like to recap these four intellectual property types and distinguish them for our readers. Enjoy!

As we start 2015, this the final of three posts (read Part 2 here) on the worst mistakes I have seen made in 2014.  Of course there is the usual tie to intellectual property (IP) and money or valuation of the venture.

Misunderstanding and waiting on patents

Does this sound familiar: "Get that minimum viable product out there in the hands of customers! Hurry up and finish that prototype! Get that crowdfunding campaign up!" Speed to market is often heralded as paramount. However, showing too much about how your product works in a public way can drastically impact your ability to patent. In turn, it could become an IP mistake you wish you wouldn't have made. 

For those looking for a ride, whether it be heading home after a night on the town or going to the airport to catch a flight, Uber has become the go-to service to get you where you need to be. The service's appeal is based upon its ease of use and relative affordability compared to a traditional cab. With its continued expansion (Uber is now in 50 countries) and lurking competitors, protecting their intellectual property (IP) is a natural step for the company. But one filing has customers and onlookers alike in an uproar.

Obtaining a patent not only protects your company but increases your valuation. Given the advantages, it’s no wonder there are dozens of kits and quick online services calling for inventors to file patents. The process of getting a patent with the help of The United States Patent and Trademark Office (USPTO) is relatively simple in principle.  Advertising wants you to believe in their quick routes to obtaining patents, but it entails a little more work than that.

In a nutshell here is how to patent an idea:

This guest blog was written by patent attorney David Stein of Cooper Legal Group, a firm that specializes in providing a range of intellectual property services to clients in high-tech industries. David resides in Fairfax, VA, and frequently visits the patent office to conduct examiner interviews in furtherance of patent prosecution. David’s practice focuses on patent procurement for computing technologies, including software and electrical and computer engineering.

When individuals and companies develop valuable ideas, their first question is: "Can I patent this?"

Patents generally involve concepts that are functional and useful. Artistic works, such as books, music, and videos, are typically not patentable (but are likely protected by copyright); and other types of information, such as proprietary data, can be protected by trade secrets.

This is a guest blog by Bao Tran, Patent Attorney with Tran & Associates and Founder of PowerPatent which produces the ProvisionalBuilder® patent workflow software.

The change from First to Invent to First Inventor to File under the America Invents Act (AIA) has significant implications for inventors who are not prepared. Under the new regime, priority is given to the first inventor to file a patent application. Those unprepared to move quickly will be placed at a significant disadvantage.

Our nation's universities are on the forefront of research and innovation. Brimming with clever, inquisitive minds and endowed with support from generous alumni, college researchers and academics are able to make advances in science, medicine, and even the paranormal. Personally, I don't recall my own college years being filled with an abundance of good ideas, but the results speak for themselves. And one university is taking legal action to ensure their innovations aren't infringed upon.