In business and innovation, timing is everything—especially when it comes to patents. Unlike trademarks, where rights can last indefinitely if maintained properly, or copyrights, where they last for a very long time whether they’re registered or not, patents require registration, operate on a strict timeline, and last for a comparatively limited time. While the Rolling Stones said time is on their side, time ISN’T on your side with patents.

If you miss a patent deadline, you could lose your exclusive rights forever. Let’s break down the key dates you need to know to protect your inventions.

Does It Matter WHEN…
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Time matters for trademarks. Whether you’re launching a new brand or protecting an existing one, understanding the critical dates and deadlines in trademark law can mean the difference between securing your rights and losing them.

Keeping track of trademark timing is essential for protecting your brand and staying ahead of the competition. Def Leppard said it’s too late for love, but let’s look at whether it’s too late for your trademarks.

Does It Matter WHEN You Apply to Register a Trademark?

Absolutely! Timing can determine whether you get exclusive rights or end up in a legal battle. Here’s why:

• First

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Twice a year, we change our clocks for daylight saving time—a reminder of just how much timing matters. The same is true in copyright law! As the Rolling Stones noted, “time waits for no one,” and neither does copyright law. Whether you’re a business owner, content creator, or entrepreneur, understanding the key dates and deadlines in copyright law can help you protect your intellectual property and avoid costly mistakes.

Does Timing Matter When You Register a Copyright?

Yes! While copyright protection is automatic the moment you create an original work in a fixed, tangible form (such as writing it down…
Continue Reading Copyright Waits for No One: Key Dates & Deadlines in Copyright Law

If you die while waiting for a copyright, trademark, or patent application to be granted, what happens to the application and to your intellectual property?

What Happens to Pending Applications?

• Patents – Your estate can continue prosecution, which is managing the application while it’s being examined. If the patent is granted, the patent is an asset that can be transferred per directives in your estate plan.
• Trademarks – If you own it personally, your ownership and any license agreement rights transfer through an estate plan or state intestacy laws if you have no will. If your business owns it and

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Your business idea feels revolutionary—but does uniqueness even matter?

Does a Business Idea Need to Be Unique?

Not necessarily! While a completely new concept might be valuable, execution is key. A coffee shop isn’t new, but Starbucks’ execution made it a billion-dollar company.

When Should You Worry About Copying?

Copying some business models that aren’t protected is legal, but copying protected elements, like branding or patented processes, isn’t. Make sure your idea isn’t infringing on anyone else’s registered intellectual property by having a search done by a patent and trademark attorney if you’re not sure. You also aren’t allowed to…
Continue Reading Your Business Idea Feels Revolutionary, But Is it? Does it Matter?

You have a groundbreaking invention—but how do you know if it’s truly innovative enough for a patent?

Are you 100% certain no one anywhere in the world has had the same idea and made it public in any way? I’ve had clients think they were that certain, only to find out the hard way they were wrong.

Why does it matter whether you’re the only one to have your amazing idea?

You Want Patentability and You DON’T Want to Infringe

Here’s what is required to obtain a patent AND be sure you’re not infringing on someone else’s patent:

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“I Swear My Business Name is Original and Unique!” Is It Really?

Your brand name, logo, or slogan feels completely unique to you. But is it legally distinct enough to avoid trademark infringement?

What Counts as Infringement?

Trademark infringement occurs when a mark is so similar to another for identical or similar goods or services that it creates “likelihood of confusion.” This doesn’t mean identical—even similar-sounding or looking trademarks can be a problem if they exist in the same industry.

For example, “Starbocks” for coffee would likely infringe on “Starbucks” because of phonetic and industry similarities.

Similarly, “Canva” for online…
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“I Swear My Work is Original and Unique!” Is It Really?

When you create something new—a book, a song, a painting, a blog post—you naturally assume it’s original. But legally, how “original” does your work have to be to get copyright protection?

How Original Does It Have to Be?

Copyright law protects “original works of authorship,” but that doesn’t mean your idea has to be groundbreaking. Courts have consistently ruled that originality means the work must be independently created and have at least a minimal level of creativity. That means no copying, but it doesn’t have to be completely unlike…
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You’ve built a business and secured intellectual property—patents, trademarks, copyrights—but what happens to those rights when you pass away? Today, we’re covering what business owners and inventors need to know about IP and estate planning.

Understanding How IP is Handled After Death

Intellectual property is considered an asset, just like real estate or stocks. That means it can be inherited, sold, or assigned based on your estate plan—or state law if no plan exists. Here’s how different types of IP are handled.

Patents:

• Owned patents become part of your estate and transfer according to your will, trust, or intestacy laws.

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When you create intellectual property subject to patent, trademark, or copyright law, you need to decide who should own it: you as an individual or your business.

Today, we’ll break down the pros and cons of business ownership vs. individual ownership, and how you can properly transfer IP rights between the two.

/  Individual vs. Business Ownership – The Key Difference

First, let’s define the difference. If you personally own intellectual property, you have full control, and it remains with you regardless of changes in your business. However, if your business owns the IP, it’s considered a company asset, just…
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Did you know that just because you invent something, you might not own the patent? Let’s break down the difference between inventorship and ownership in patents—and why it matters for your business!

Inventorship vs. Ownership

Inventorship is about who actually came up with the invention, while ownership determines who controls the patent rights. And yes, they can be different!

• In many situations, the inventor is also the initial owner of the rights to the invention as they relate to applying for and being granted patent rights.
• However, if you invent something as an employee, and sometimes as an independent contractor,

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Who should own your trademark, you personally, or your business? This is a crucial decision for small business owners, and today we’re breaking down the pros and cons of individual versus business trademark ownership!

Who Can Own a Trademark?

A trademark can be owned by an individual or a business entity like an LLC or corporation. Ownership isn’t just about paperwork—it impacts control, liability, and long-term protection.

/   Individual Ownership vs. Business Ownership

• Individual Ownership:  The benefits of individual ownership are usually problems for the business, as I’ll explain later.
  • PRO: Individual leverage. The owner has direct control of the

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Did you know that just because you create something, you might not actually own the copyright? Today, we’re diving into the difference between authorship and ownership in copyright law—because they’re not always the same thing!

© What is Copyright?

Copyright protects original works of authorship, like books, artwork, music, and even business content like websites and marketing materials.

But just because you’re the one who created it doesn’t always mean you own it!

Authorship vs. Ownership

Authorship refers to the person who actually creates the work. Ownership, however, is about who has the legal rights to control and profit from…
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