Common Intellectual Property Rights Mistakes
This post by Dennis Fernandez identifies the ten most common IP mistakes he encounters in conducting venture capital investment due diligence as follows:
1. TOO LATE TO START FILING US AND INTERNATIONAL PATENT APPLICATIONS
2. TOO NARROW LEGAL SCOPE OF CLAIMING PATENTABLE INVENTIONS.
3. INTERNALLY MISMANAGED PATENT INFRINGEMENT; "WILFULNESS" EXPOSURE.
4. RELYING SOLELY ON COPYRIGHTS FOR SOFTWARE PROTECTION.
5. INADVERTANTLY TAINTING I.P.R. WITH 3RD-PARTY CO-OWNERSHIP RIGHTS.
6. IGNORING THE IMPACT OF NEW "FESTO" U.S. SUPREME COURT RULING RE: PATENT AMENDMENTS.
7. UNDERESTIMATING THE IMPORTANCE OF TRADE SECRETS AND CONFIDENTIALITY.
8. OVERLOOKING LEGITIMATE OPPORTUNITY TO SET-UP OFFSHORE LICENSING TAX SHELTERS.
9. RESPONDING SLOWLY TO U.S.P.T.O. OFFICE ACTIONS.
10 OVER/UNDER-SPENDING ON LEGAL FEES TO PROSECUTE PATENT APPLICATIONS.
