Many startups are pioneering technologies that are transforming the way we live, learn, and work. However, with great innovation comes great competition, and having a solid intellectual property (IP) strategy can make or break these companies, especially when these companies are in their early stages and IP may not be on top of mind. To
You are counsel for a company which just developed an innovative process incorporating a generative artificial intelligence (Gen AI) component. For example, Tech Company may have designed AI-powered personalized health assistant designed to provide real-time health monitoring and personalized health recommendations. The technology leverages Gen AI-driven interfaces to allow users in conversational form to use
The enforceability of restrictive covenants, particularly non-compete agreements, can be very difficult for employers to navigate, especially for companies in their “start-up” phase. Technology companies in particular face challenges in structuring non-competes that balance their need to attract talent with their need to protect confidential and sensitive information, while preventing unfair competition by former employees.
Greenberg Traurig Shareholder Todd Basile authored an article titled “Demystifying Legal Diligence in Tech Deals,” published June 3, 2019, on IPWatchdog.com.
Click here to read the article.
The Massachusetts Noncompetition Agreement Act, M.G.L. c. 149, § 24L, has been the law of the Commonwealth for almost four months. The statute only applies to agreements entered into between employers and certain employees and independent contractors on or after Oct. 1, 2018, so the law’s ramifications are still largely yet to be determined. Nevertheless,
Most startup entrepreneurs spend a significant amount of time creating business plans, product development plans, marketing plans, etc. However, startups often neglect one of the most important aspects of planning — developing a plan for the company’s intellectual property (IP) to minimize risks to the company’s intangible assets. This oversight can be a critical mistake
As an emerging technology company, maintaining an edge over your competitors may depend to a great extent on choosing the right strategy for intellectual property (IP) protection. The question is what kind of protection do you actually need, and how do you go about getting it? Two types of IP protection that most tech startups
As an emerging tech company, trade secrets and other confidential information can provide you with competitive advantages in the marketplace. However, as your business grows, the need to protect critical trade secrets is sometimes overlooked. Unfortunately, failure to take reasonable measures to safeguard this information may result in the inability to protect these valued assets when necessary.
Emerging tech companies can gain an advantage in protecting their trade secrets by taking a systematic approach to:
For companies without existing policies and procedures, conducting a comprehensive trade secret audit may be beneficial as well.Continue Reading Is Your Business Good at Keeping Secrets?
Two of the most important requirements of patentability are that the invention must be novel and non-obvious at the filing date of the patent application. In the United States, the prior sale, prior use or public disclosure of the invention by the inventor or others may affect your ability to obtain a valid patent. Inventors may inadvertently jeopardize their ability to successfully apply for or be granted a patent by disclosing any information about the invention to the public, and thus, may fail to meet the requirement of novelty and/or non-obviousness.
Additionally, when you disclose an idea to the public, you risk waiving related trade secret as well as patent rights. Trade secrets are only enforceable when you have taken steps to ensure they are—and will remain—secret. Although an inventor has up to one year from a public disclosure to file a patent application in the U.S., it is strongly advised that an inventor first take precautions to protect all IP, or risk losing all IP rights. In the new U.S. first-inventor-to-file system, it is even more important to be savvy about disclosure – or you risk that another inventor could file a patent application before you.
Continue Reading Understanding What to Keep Secret