How can you avoid infringing on other companies’ IP rights?
This is one area where having good legal counsel is particularly important. IP lawyers will search for existing patents and for public applications for patents not yet issued, as well as existing trademark rights, and then help your business make a decision based on that information. The attorney will assess the potential risk for introducing a new product to the market based on that search.
A good attorney will understand not only IP but also your business, your product line and the marketplace in your field. It is important to understand what IP rights your competitors have and the business practices among your competitors, and, based on all that, make good judgment calls, both from a legal IP standpoint, as well as a business standpoint.
There is so much information to analyze to reach decisions on these issues that most businesspeople need outside help. It is a time issue and a complexity issue, and the rules and regulations of preparing patent and trademark documents are very complicated, making it difficult for a business owner to do on his or her own.
How can you find the right attorney to help your business with its IP needs?
Identify what your business is trying to accomplish, and, based on that, ask potential attorneys what experience they have in this field. Ask how much it will cost, and what type of work constitutes quality work, versus what just sounds great but is not necessary. Ask what experience the attorney has in looking at intellectual property in the overall context of business and what the attorney can do to help fulfill the goals of the business. Does the attorney just obtain patents for the sake of obtaining patents, or can your legal counsel provide real value in how the IP property rights will benefit the business across the board? For example, are you are trying to raise capital or looking at the opportunity to not only sell your own product but perhaps license the technology to a third party?
Find an attorney who has an understanding across the board of the role that intellectual property can play in your business and how IP can help you grow.
David Movius is a co-chair of the Intellectual Property Practice Group and a member at McDonald Hopkins LLC. Reach him at (216) 430-2029 or [email protected].
David Cupar is a co-chair of the Intellectual Property Practice Group and a member at McDonald Hopkins LLC. Reach him at (216) 430-2036 or [email protected].
