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Let's clear up some misconceptions..

We understand that navigating intellectual property protection raises many questions. Below are answers to some queries our clients have about patents, trademarks, and IP strategy. If you don’t see your question addressed, our team is always ready to provide clear, direct answers to your specific concerns.

...a few thought provoking FAQs (because you already know the basics)

While open innovation can accelerate development and market adoption, it requires a carefully orchestrated IP strategy. We help companies create structured frameworks that enable collaboration while maintaining competitive advantages. This might involve strategic patent pools, tiered licensing structures, or selective open-source releases. The key is identifying your core differentiators and building protection around them while strategically opening other aspects for collaboration.

IP strategy should be integrated into your product development process from the concept stage – not as a legal afterthought, but as a core element of your business strategy. Early IP mapping helps identify white space opportunities, informs R&D direction, and ensures freedom to operate. We work with clients to develop IP portfolios that align with their long-term business objectives, not just their current products.

Success requires looking beyond individual patents to build an adaptive IP ecosystem. We help clients develop dynamic portfolios that anticipate technological evolution and market shifts. This involves strategic use of continuation applications, careful claim drafting to accommodate future developments, and regular portfolio reviews to identify gaps and opportunities.

Timing is crucial in IP protection. While many entrepreneurs wait until their product is perfect, this can be a costly mistake. The best time to begin is typically during the early development phase, even before your product is finalized. We help clients identify the critical elements of their innovations that need protection, while ensuring enough development has occurred to support strong IP claims. This strategic timing helps maximize protection while managing costs effectively.

This is one of the most important questions a business can ask. The answer involves more than just technical novelty – it requires understanding your market position, competitive landscape, and business goals. We help clients evaluate factors like:

  • Commercial potential and market size
  • Cost of developing and protecting the IP versus potential returns
  • Ability to detect and enforce infringement
  • Whether the innovation could be better protected as a trade secret This analysis helps ensure your IP investments align with your business strategy.

While patents protect how something works, trademarks protect your market identity. We often see clients focus heavily on one while overlooking the other. A comprehensive IP strategy usually includes both:

  • Patents for technical innovations and functional features
  • Trademarks for brand names, logos, and product identity
  • Trade dress for distinctive product appearance Understanding these distinctions helps build layered protection for your business assets.

This common concern requires balancing openness with protection. We help clients develop staged disclosure strategies that enable business discussions while maintaining IP security. This might include:

  • Well-structured NDAs appropriate to each situation
  • Strategic use of provisional patents
  • Careful management of what information is shared at each business stage The goal is to facilitate collaboration while maintaining control of your IP.

Freedom to operate (FTO) is often overlooked until problems arise. We help clients:

  • Conduct strategic FTO searches early in development
  • Identify potential IP barriers before major investments
  • Develop strategies to work around existing IP
  • Build defensive patent portfolios where appropriate This proactive approach helps avoid costly surprises and redesigns later.

Having a pre-planned enforcement strategy is crucial. We help clients:

  • Monitor the market for potential infringement
  • Document potential violations properly
  • Assess the strength of their position
  • Evaluate enforcement options and costs
  • Choose the most business-appropriate response The goal is protecting your rights while maintaining business focus and managing costs.

You've worked hard to develop your product. Protect it. With us. Today.

Fight off infringers from Day 1. Own the legal means to protect your creation from copycats and other nefarious actors in the marketplace. 

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