IP Blog for Small Business by Andrew P. Lahser, Attorney

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Article Series

Trademark Protection

  1. Trademark Office Action: How to respond
    The Examiner's rejection begins a miniature proceeding (just like a case in a court of law). How and what to say is vital to overcoming the examiner's trademark rejection and getting your mark registered.
  2. How to use ® and ™ Symbols
    Can I legally use the ™ symbol before I apply for a trademark registration? Yes. But not the ® (circle r) symbol. Learn to use ™ (tm) properly.
  3. How to Defend a Trademark Opposition brought by a Major Corporation
    It should be possible for a small business to defend an opposition proceeding, even against a large or major corporation, with a relatively limited budget.
  4. How to avoid mistakes when filing your US trademark
    The US trademark registration form is deceptively simple. You can complete it in 30 minutes. Some questions use legal terms-of-art and mislead first time users.

Software Law

  1. Software Law: Busting 4 Myths
    Software developers believe software law provides ownership of source code; good copyright protection is automatic; software patents are evil, and ...
  2. How to Claim a Software Patent
    By filing a software patent application, you secretly reveal your software invention to the US Patent Office, before you sell or publish your software.
  3. Policing & Enforcing Software Infringement
    According to the American Intellectual Property Law Association, the average copyright litigation costs $310,000 to defend rights valued less than $1M. When value of the copyright rises to between $1M and $25M, the average costs rises to $850,000.
  4. Registering a Software Copyright
    A software copyright registration helps to prove ownership, provide for money damages in court, and help prove copying by unfair competitors.
  5. Do you have a Software Invention?
    Software patents protect the innovative concepts and ideas behind the source code. If your source code does something new, it may be a software invention.

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