If the patent freedom-to-operate (FTO) search reveals a concerning patent, your invention may be in danger of infringing, the situation is not hopeless. This is where the magic of "design around" comes in.
We point out the potential infringement and discuss with you how intentionally modifying your product to omit or change at least one element of the independent claim that may be infringed can avoid infringement while achieving the desired result.
Here’s a quick example. If a patent protects a "three-wheeled wagon with a red handle," you can create a non-infringing "four-wheeled wagon with a blue handle." You achieve the same goal, a pull-wagon, but legally sidestep the patent infringement claims.
If infringement is possible, a successful design-around strategy creates a better, legally sound product.
Intellectual property is one of the most terrifyingly useful tools you have. If you’re ready to build a frighteningly powerful business and brand, you don't have to face the darkness alone.
Book your consultation with me at kingpatentlaw.com. I serve entrepreneurs across the U.S.
You can find all my other frighteningly good content on the King Patent Law website and at @kingpatentlaw on social media.
Finally, the information in this episode is for educational purposes only and does not constitute legal advice or form an attorney-client relationship. Always seek the counsel of a licensed attorney, perhaps me, for your specific legal needs.
Stay legally sharp, and keep rocking your IP!
#patent #freedomtooperate #patentsearch #intellectualproperty
Just today, on November 25, 2025, as I was writing next week’s posts about the right of publicity and related issues, news broke that the John R. Cash Revocable Trust filed a lawsuit against The Coca-Cola Company regarding the right of publicity and Tennessee’s new ELVIS Act!
Johnny Cash has one of the most legendary and distinctive voices in music history, one that is readily identifiable to listeners. The Trust, which owns the commercial rights to his voice and likeness, sued Coca-Cola over a 2025 college football advertisement campaign.
The complaint alleges that Coca-Cola hired a Johnny Cash tribute singer (a "Sound-Alike Singer") to record a song for the ad. The singer is a known Cash tribute performer ("the No. 1 Johnny Cash Tribute Show" per his website), which makes the similarity to the Waits case stronger. The complaint alleges the purpose was specifically to ensure the ad sounded as close as possible to Cash's voice, and that consumers were actually confused, believing it was a "new track by the Man in Black himself." The Trust alleges that Coca-Cola, despite its long history of licensing celebrity endorsements, failed to even ask for a license.
The lawsuit asserts Coca-Cola violated the ELVIS Act, the Tennessee Consumer Protection Act, and the Lanham Act, underscoring the legal recognition that stealing an artist's voice is theft of their integrity and identity.
You'd think marketing firms would have learned from the Tom Waits v. Frito-Lay and Bette Midler v. Ford cases, but clearly not. I don't think Coca-Cola and the advertising agency that will inevitably be dragged into the lawsuit will enjoy the penalties under Tennessee's new ELVIS Act, but ironically, it may be the publicity they enjoy even less.
Intellectual property is one of the most terrifyingly useful tools you have. If you’re ready to build a frighteningly powerful business and brand, you don't have to face the darkness alone. Book your consultation with me at kingpatentlaw.com. I serve entrepreneurs across the U.S.
You can find all my other frighteningly good content on the King Patent Law website and at @kingpatentlaw on social media.
Finally, the information in this episode is for educational purposes only and does not constitute legal advice or form an attorney-client relationship. Always seek the counsel of a licensed attorney, perhaps me, for your specific legal needs.
Stay legally sharp and keep rocking your IP!
#rightofpublicity #intellectualproperty #ip #johnnycash #cocacola
The entire freedom-to-operate (FTO) patent search analysis hinges on the claims section of a patent. The claims define the legal boundary of the inventor's protection. They are the spells that legally protect the invention.
Infringement occurs only if your product incorporates every single element of an independent claim (which is literal infringement) or an equivalent element.
Here’s how we search. We look for patents that are technically relevant to your product's function, structure, and operation in the countries in which you intend to use or sell your invention. This is a complex, nuanced search that goes far beyond simple keywords. The attorney looks at the entire filing history of any patents of concern, which is often crucial for interpreting the final claims.
Why do you need a lawyer to do the search and analysis? A non-lawyer can find similar patents, but an experienced patent attorney can provide a legal opinion on whether the claims are actually infringed by your product.
Intellectual property is one of the most terrifyingly useful tools you have. If you’re ready to build a frighteningly powerful business and brand, you don't have to face the darkness alone.
Book your consultation with me at kingpatentlaw.com. I serve entrepreneurs across the U.S.
You can find all my other frighteningly good content on the King Patent Law website and at @kingpatentlaw on social media.
Finally, the information in this episode is for educational purposes only and does not constitute legal advice or form an attorney-client relationship. Always seek the counsel of a licensed attorney, perhaps me, for your specific legal needs.
Stay legally sharp, and keep rocking your IP!
#patent #freedomtooperate #patentsearch #intellectualproperty
A Freedom-to-Operate search is a focused investigation into all active, unexpired patents in the countries where you plan to manufacture and sell (e.g., the U.S. for U.S. sales) that could potentially be infringed by your new product or process. An FTO search is not the same as a patentability search. A patentability search asks: Can I get a patent on my idea? An FTO search asks: Does someone else already have a patent that I will infringe?
The cost of an FTO search, which can range from $10,000 to $50,000 or more, is a necessary investment. Why so expensive? The search alone takes a significant amount of time and must be done with precision, then the analysis and opinion take even more time. The entire filing history of any patents of concern must be looked at to determine whether infringement would exist, and the claims must be read and evaluated with an eagle eye.
Yes, the price can be steep, but compare that cost to the potential financial fallout of not having an FTO search done.
The immediate scare is a lawsuit. Being sued for infringement means injunctions (stopping sales), product recalls, legal fees, and damages. An FTO search can’t guarantee you won’t be sued, but it can reduce the likelihood of being sued, and it can reduce the penalties if you are sued and lose.
The triple threat is if you lose the lawsuit. If the infringement is deemed willful (meaning you knew the patent existed and proceeded anyway), damages can be tripled by the court. An FTO search, followed by a formal, written Opinion of Counsel from an experienced patent attorney, is the single strongest piece of evidence you can use to show a court that you did not willfully infringe. It demonstrates you acted responsibly and in good faith.
Intellectual property is one of the most terrifyingly useful tools you have. If you’re ready to build a frighteningly powerful business and brand, you don't have to face the darkness alone.
Book your consultation with me at kingpatentlaw.com. I serve entrepreneurs across the U.S.
You can find all my other frighteningly good content on the King Patent Law website and at @kingpatentlaw on social media.
Finally, the information in this episode is for educational purposes only and does not constitute legal advice or form an attorney-client relationship. Always seek the counsel of a licensed attorney, perhaps me, for your specific legal needs.
Stay legally sharp, and keep rocking your IP!
#patent #patentsearch #intellectualproperty
What if your invention, your product, or your method is hiding the catastrophic secret that part of it infringes on someone else’s patent rights?
No matter how much work, innovation, and coffee you’ve poured into creating something you’re sure is going to be valuable, there’s no guarantee someone else didn’t have a similar genius idea and take steps to protect it through a patent. If they have, or if they even protect part of what your invention consists of, what you thought was your own idea could cause you extreme pain.
Imagine debuting your revolutionary product only to be met not with applause, but with a cease-and-desist letter demanding that you stop production, recall your inventory, and pay significant damages. That's the monster waiting in the legal shadows: the risk of patent infringement.
Wouldn’t it be better to take steps to find out if this is a potential problem before you spend a great deal of time and money on development, production, and marketing? The good news is that you can take those steps early on, and you can even take them if your product is already on the market.
As a rock-and-horror-loving patent attorney, I know the best way to deal with a monster is to see it coming. That’s where the freedom-to-operate search and opinion comes in. (I’m going to abbreviate all that to just “FTO search” for ease.)
An FTO search is your professional flashlight, meticulously scanning the landscape of active patents to ensure your product can be legally manufactured, marketed, and sold before you invest heavily. It’s not about finding protection; it’s about finding permission. If you’re developing a new product, this is the non-negotiable step that saves you from becoming the next legal horror story.
In this episode:
Ready to kill the legal monsters before they get a chance to grow? Let's talk about the specific IP needs for your next big product launch.
Intellectual property is one of the most terrifyingly useful tools you have. If you’re a creator or other entrepreneur ready to build a frighteningly powerful brand and business, you need to know how to use it.
You don't have to face the darkness alone. To learn more about protecting your creations, your name, your business, and your legacy, you can book a consultation with me at kingpatentlaw.com.
I’m Julie King, a licensed attorney in Champaign-Urbana, Illinois, and I help entrepreneurs across the U.S. make smart, legally sound decisions about their intellectual property.
If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe if you haven’t already!
You can find all of my other frighteningly good content on the King Patent Law website, at "Spellbinding IP: Patent, Trademark, and Business Strategy" on all major podcast platforms, and at @kingpatentlaw on most social media.
The information provided in this episode is for educational purposes only and does not constitute legal advice or form an attorney-client relationship. You should not act on any information presented here without first seeking the counsel of a licensed attorney for your specific legal needs.
Thank you for tuning in. Stay legally sharp, and keep rocking your IP!
You don't need to fear this terror, because you can and should plan to avoid it. If you have high-value patents or trademarks, here are your immediate next steps, the only way to truly protect your legacy:Action 1: IP Inventory. Create a detailed, organized inventory listing every registration number, filing date, and maintenance schedule for every IP asset. Also include details identifying any unregistered assets. Give this to your lawyer and your estate executor.Action 2: Check Your LLC Agreement. Immediately review your LLC Operating Agreement for specific clauses covering the death or incapacity of a member. These clauses dictate the fate of the company, and by extension, its IP assets. This goes for partnership agreements and corporation bylaws as well.Action 3: Consult the Right Lawyer. Schedule a consultation with an attorney who handles both intellectual property protection and business succession planning. You need an attorney who sees your assets not just as legal filings, but as high-value, life-long components of your estate. If they are not well-versed in full estate planning, have them work with the attorney handling your primary estate planning needs.If you are serious about protecting the assets you've worked so hard for, don't let the True Terror of Poor Planning define your legacy.Intellectual property is one of the most terrifyingly useful tools you have. If you’re a creator or other entrepreneur ready to build a frighteningly powerful brand and business, you need to know how to use it. You don't have to face the darkness alone. To learn more about protecting your creations, your name, your business, and your legacy, you can book a consultation with me at kingpatentlaw.com. I’m Julie King, a licensed attorney in Champaign-Urbana, Illinois, and I help entrepreneurs across the U.S. make smart, legally sound decisions about their intellectual property.If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe if you haven’t already! You can find all of my other frighteningly good content on the King Patent Law website, at "Spellbinding IP: Patent, Trademark, and Business Strategy" on all major podcast platforms, and at @kingpatentlaw on most social media. The information provided in this episode is for educational purposes only and does not constitute legal advice or form an attorney-client relationship. You should not act on any information presented here without first seeking the counsel of a licensed attorney for your specific legal needs. Thank you for tuning in. Stay legally sharp, and keep rocking your IP!#patent #trademark #copyright #intellectualproperty #businesstips #estateplanning #successionplanning
So why is the standard will, drafted by a general attorney, insufficient to properly transfer patent and trademark ownership?
It comes down to three legal concepts:
1. Bequest vs. Assignment: A will can bequeath (give) property, but patent, registered trademark, and registered copyright transfer require a specific Assignment Document filed with the USPTO or the Copyright Office. Without the specific authority granted to the executor or a named successor to file that document, the transfer can be delayed or rejected. Worse, if the executor or heir doesn’t know the assignment document needs to be filed, the ownership is stuck in legal limbo.
2. The LLC Operating Agreement (and Partnership Agreements and Corporation Bylaws): These are the documents that truly dictate the fate of a business. If the IP is owned by the LLC, the Operating Agreement dictates what happens with the IP upon your death. Specifically, it determines who inherits your share of the company and its assets. The will cannot override the Operating Agreement. If that agreement is silent, your heirs could be forced into a partnership with people they don't know, or worse, the business could be legally dissolved. These principles apply to partnership agreements and corporation bylaws as well.
3. The License: If you own the IP personally and license it to your business or another business, who inherits the rights to the IP when you die? Does the license provide that your heirs inherit it, does it say the management of renewal transfer to the licensee and your heir just receives royalties, or does it state that the IP ownership will transfer to the licensee? If the license rights go to your heirs, will they know how to manage the IP properly, and will they be willing to renew the license as needed? The license needs to address these issues so the IP ends up in the right hands.
Intellectual property is one of the most terrifyingly useful tools you have. If you’re a creator or other entrepreneur ready to build a frighteningly powerful brand and business, you need to know how to use it.
You don't have to face the darkness alone. To learn more about protecting your creations, your name, your business, and your legacy, you can book a consultation with me at kingpatentlaw.com.
I’m Julie King, a licensed attorney in Champaign-Urbana, Illinois, and I help entrepreneurs across the U.S. make smart, legally sound decisions about their intellectual property.
If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe if you haven’t already!
You can find all of my other frighteningly good content on the King Patent Law website, at "Spellbinding IP: Patent, Trademark, and Business Strategy" on all major podcast platforms, and at @kingpatentlaw on most social media.
The information provided in this episode is for educational purposes only and does not constitute legal advice or form an attorney-client relationship. You should not act on any information presented here without first seeking the counsel of a licensed attorney for your specific legal needs.
Thank you for tuning in. Stay legally sharp, and keep rocking your IP!
#patent #trademark #copyright #intellectualproperty #businesstips #estateplanning #successionplanning
Let’s look at the specific risks of poor intellectual property succession planning. These are the ghosts of your assets that haunt your legacy if you fail to plan properly.
1. The Patent Ghost: Missing the Clock. The executor of your estate is managing property taxes, house sales, and who gets the valuable coin collection; they are most likely not automatically tracking USPTO patent maintenance fee deadlines, which occur at the 4th, 8th, and 12th year. If those deadlines are missed, the patent is dead, and its value is zero. If the executor fails to file the proper ownership transfer documents, the legal right to its benefits remains in purgatory.
2. The Trademark Ghost: Competitor Capture. Your heirs might be grieving and not well-versed in handling a trademark. If they fail to file the necessary maintenance and renewal documents showing continued use in commerce, the USPTO will cancel the registration, and if the mark hasn’t been used in commerce for at least three years, your biggest competitor can simply step in and register the abandoned mark.
3. The Trade Secret Ghost: This one is the fastest killer. If the documents securing your trade secrets (like NDAs or internal protocols) are not enforced by the executor, or if they don't even know where they are, the secret can be compromised or simply lost. Either way means its value is lost forever.
4. The Business Ghost: If you own the patent or trademark as an individual, license it to your business as an LLC or corporation (because you are doing that and not being sloppy about that kind of important business asset), and only address the IP in your will, you create massive confusion. If an heir who doesn’t know how to maintain the IP properly or who hates your business partners gets your IP, your business will have a serious problem. Without clear documents, the business often gets tied up in court for years.
I dive into the specifics of succession plans in other episodes this week, so check them out and stay tuned for the sequels!
Intellectual property is one of the most terrifyingly useful tools you have. If you’re a creator or other entrepreneur ready to build a frighteningly powerful brand and business, you need to know how to use it.
You don't have to face the darkness alone. To learn more about protecting your creations, your name, your business, and your legacy, you can book a consultation with me at kingpatentlaw.com.
I’m Julie King, a licensed attorney in Champaign-Urbana, Illinois, and I help entrepreneurs across the U.S. make smart, legally sound decisions about their intellectual property.
If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe if you haven’t already!
You can find all of my other frighteningly good content on the King Patent Law website, at "Spellbinding IP: Patent, Trademark, and Business Strategy" on all major podcast platforms, and at @kingpatentlaw on most social media.
The information provided in this episode is for educational purposes only and does not constitute legal advice or form an attorney-client relationship. You should not act on any information presented here without first seeking the counsel of a licensed attorney for your specific legal needs.
Thank you for tuning in. Stay legally sharp, and keep rocking your IP!
#patent #trademark #copyright #intellectualproperty #businesstips #estateplanning #successionplanning
Most people think of their IP like a regular asset that upon their death will either transfer automatically or be handled easily by the executor of their estate. But IP is different. IP is a tricky beast.
The biggest, most terrifying difference is this: Patents and trademarks are time-sensitive, living assets that require active maintenance and use to survive and special documents to transfer ownership.
• A patent is a 20-year legal monopoly. Renewal fees are due three times during those 20 years. If your executor doesn't know the exact schedule and misses one maintenance fee payment, that patent is permanently dead and immediately enters the public domain. The clock is heartless; it does not stop for probate, and ignorance is no defense.
• A trademark can be perpetual, but only if it's used, and a registration’s lifespan depends on both use and filing renewal documents along with fees. If your heir inherits the mark but fails to continue using it in commerce for the goods and services listed, the law presumes the mark has been abandoned, and if they don’t file the renewal documents and pay the fees, the USPTO will cancel the registration.
I'll dive into the specifics of succession plans in future episodes, so stay tuned for the sequels!
Intellectual property is one of the most terrifyingly useful tools you have. If you’re a creator or other entrepreneur ready to build a frighteningly powerful brand and business, you need to know how to use it.
You don't have to face the darkness alone. To learn more about protecting your creations, your name, your business, and your legacy, you can book a consultation with me at kingpatentlaw.com.
I’m Julie King, a licensed attorney in Champaign-Urbana, Illinois, and I help entrepreneurs across the U.S. make smart, legally sound decisions about their intellectual property.
If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe if you haven’t already!
You can find all of my other frighteningly good content on the King Patent Law website, at "Spellbinding IP: Patent, Trademark, and Business Strategy" on all major podcast platforms, and at @kingpatentlaw on most social media.
The information provided in this episode is for educational purposes only and does not constitute legal advice or form an attorney-client relationship. You should not act on any information presented here without first seeking the counsel of a licensed attorney for your specific legal needs.
Thank you for tuning in. Stay legally sharp, and keep rocking your IP!
#patent #trademark #copyright #intellectualproperty #businesstips #estateplanning #successionplanning
You spend years, effort, and serious money, often tens of thousands of dollars, to create a valuable intellectual property empire. You secure those priceless patents, register those robust trademarks, protect your valuable copyrights, and lock down those precious trade secrets. You’ve built an IP asset portfolio designed to generate income for years, even decades.
But here is the true terror: When you're gone, does that empire continue to generate value for your heirs or business partners, or does it become a worthless liability? We're talking about The True Terror of Poor Planning.
Hello, and welcome back to Spellbinding IP: Patent, Trademark, and Business Strategy, the show that helps you build a brand so strong, it survives its own sequel.
The thesis today is simple, yet alarming: A standard will and skimpy business operation documents can be a death sentence for your most valuable intellectual property. If you haven't taken specific legal steps to address the unique life cycle of your patents and trademarks, your competitors could inherit them before your family or business does.
Let's dive into how intellectual property can end up in the legal graveyard and how you can prevent that.
In this episode:
If you are serious about protecting the assets you've worked so hard for, don't let the True Terror of Poor Planning define your legacy.
I'll dive into the specifics of those LLC agreements and succession plans in future episodes, so stay tuned for the sequels!
Intellectual property is one of the most terrifyingly useful tools you have. If you’re a creator or other entrepreneur ready to build a frighteningly powerful brand and business, you need to know how to use it.
You don't have to face the darkness alone. To learn more about protecting your creations, your name, your business, and your legacy, you can book a consultation with me at kingpatentlaw.com.
I’m Julie King, a licensed attorney in Champaign-Urbana, Illinois, and I help entrepreneurs across the U.S. make smart, legally sound decisions about their intellectual property.
If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe if you haven’t already!
You can find all of my other frighteningly good content on the King Patent Law website, at "Spellbinding IP: Patent, Trademark, and Business Strategy" on all major podcast platforms, and at @kingpatentlaw on most social media.
The information provided in this episode is for educational purposes only and does not constitute legal advice or form an attorney-client relationship. You should not act on any information presented here without first seeking the counsel of a licensed attorney for your specific legal needs.
Thank you for tuning in. Stay legally sharp, and keep rocking your IP!
#patent #trademark #copyright #intellectualproperty #businesstips #estateplanning #successionplanning
A King Patent Law, PLLC Guide to Avoiding the Potentially Fatal Flaws of DIY and Online Services
November is a great time to be thankful for the assets you've built, and a smart business owner knows that the intellectual property (IP) protecting their unique creations is one of the most valuable assets of all.
But once you've invented that brilliant gadget or coined that killer brand name, who do you hire to protect it? The choices can feel like a maze, full of shadowy corners and false promises. Should you DIY and brave the journey alone? Rely on a map from a cheap online service? Or hire an experienced intellectual property lawyer as your seasoned guide?
The cost difference seems huge upfront, but I’ve spent over 25 years as a lawyer watching that initial savings turn into a financial catastrophe down the road.
I'm Julie King, your rock-and-horror-loving patent attorney. Welcome back to the recently renamed podcast, “Spellbinding IP: Patent, Trademark, and Business Strategy,” formerly “Know Your Rights: Your IP and Business Law Playbook.” While that title entertained me because it’s a Clash song title, it wasn’t so good for reaching people looking for answers to their IP questions, so an SEO-friendly change was needed. Enough of that. Back to the real content!
Today, I’m leading you through that labyrinth of confusing options to show you four specific, high-stakes mistakes that only a licensed attorney can prevent, proving why the cheap path often leads to a worthless asset and spending more in the long run. I’ll also cover how to choose the right lawyer or law firm to help you.
In this episode:
You can't afford to treat your valuable assets like a low-budget horror flick. Choosing your IP counsel isn't a place to pinch pennies. The money you "save" on a cheap service is often dwarfed by the cost of fixing an application error or, worse, realizing your final patent or trademark is too weak to actually defend your business.
Choose a partner who brings years of the right experience and strategic foresight to the table. Don't let your business's most valuable assets become the victims in a horror story.
Intellectual property is one of the most terrifyingly useful tools you have. If you’re a creator or other entrepreneur ready to build a frighteningly powerful brand and business, you need to know how to use it.
To learn more about protecting your creations, your name, your business, and your legacy, you can book a consultation with me at kingpatentlaw.com. I help entrepreneurs across the U.S. make smart, legally sound decisions about their intellectual property. I'm an attorney in Champaign-Urbana, Illinois, and I serve intellectual property clients nationwide.
The information provided in this episode is for educational purposes only and does not constitute legal advice or form an attorney-client relationship. You should not act on any information presented here without first seeking the counsel of a licensed attorney for your specific legal needs.
#kingpatentlaw #julieking #patent #trademark #copyright #intellectualproperty #businesstips #businesslaw #lawyers
Your U.S. patent is powerful at the border! Even if knockoffs are manufactured and sold freely overseas without you being able to do much about it, your patent gives you the power to stop them from entering the lucrative U.S. market.
The Power Move: You can record your granted U.S. patent (and trademark) with U.S. Customs and Border Protection (CBP). Not all border patrol agents are sweeping through cities and suburbs nabbing people off the street and violently dragging them out of their cars. Some are doing the important job of protecting U.S. commerce from imported goods that violate U.S. patent, trademark, and copyright rights. CBP trains its officers to seize and detain the goods that violate your registered IP rights at the port of entry.
The Impact: This simple filing turns your legal document into an enforcement tool for customs agents, blocking the flow of counterfeit goods and protecting your market share without expensive lawsuits. Unfortunately, it’s impossible to catch every counterfeit product trying to come into the U.S., but it’s better than not even trying.
Intellectual property is one of the most terrifyingly useful tools you have. If you’re a creator or other entrepreneur ready to build a frighteningly powerful brand and business, you need to know how to use it.
You don't have to face the darkness alone. To learn more about protecting your creations, your name, your business, and your legacy, you can book a consultation with me at kingpatentlaw.com. I help entrepreneurs across the U.S. make smart, legally sound decisions about their intellectual property. I'm an attorney in Champaign-Urbana, Illinois, and I serve intellectual property clients nationwide.
If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe! You can find all of my other frighteningly good content on the King Patent Law website, at "Spellbinding IP: Patent, Trademark, and Business Strategy" on all major podcast platforms, and at @kingpatentlaw on most social media.
The information provided in this episode is for educational purposes only and does not constitute legal advice or form an attorney-client relationship. You should not act on any information presented here without first seeking the counsel of a licensed attorney for your specific legal needs.
#kingpatentlaw #julieking #intellectualproperty #patent
Before you even start manufacturing, you find out your invention would be infringing on another patent. Your freedom-to-operate search revealed a competitor holds a patent on a core component. Now what? Don't Panic. Redesign!
The Choice: You face two options, and only one protects your long-term profit:
1. The Licensing Trap: Buy the patent rights, which can be expensive. Alternatively, pay a royalty to the patent holder for every unit you sell. This creates an ongoing cost and allows a competitor to profit from your success. There’s also no guarantee the patent owner will grant you a license or sell the patent rights to you.
2. A Legal Workaround: Work with your engineers and patent attorney to "design around" the blocking patent. By changing the component's structure, material, or function, you can often achieve the same result without infringing the patent’s claims.
The Lesson: The upfront cost of a redesign may be cheaper than the perpetual cost of a royalty. Designing your way out of starting an infringement battle is a worthwhile subject to look into.
Intellectual property is one of the most terrifyingly useful tools you have. If you’re a creator or other entrepreneur ready to build a frighteningly powerful brand and business, you need to know how to use it.
You don't have to face the darkness alone. To learn more about protecting your creations, your name, your business, and your legacy, you can book a consultation with me at kingpatentlaw.com. I help entrepreneurs across the U.S. make smart, legally sound decisions about their intellectual property. I'm an attorney in Champaign-Urbana, Illinois, and I serve intellectual property clients nationwide.
If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe! You can find all of my other frighteningly good content on the King Patent Law website, at "Spellbinding IP: Patent, Trademark, and Business Strategy" on all major podcast platforms, and at @kingpatentlaw on most social media.
The information provided in this episode is for educational purposes only and does not constitute legal advice or form an attorney-client relationship. You should not act on any information presented here without first seeking the counsel of a licensed attorney for your specific legal needs.
#kingpatentlaw #julieking #intellectualproperty #patent #patentinfringement
Here’s the true cost of manufacturing your invention overseas. The minute you send your blueprints to a manufacturer, you introduce a massive risk of intellectual property theft.
The Horror: When an idea is copied overseas, it's virtually impossible for a small business to stop it. Your U.S. patent is powerful here, but useless in their jurisdiction. International patents can help, but they’re really only as good as your ability to pay for lawyers overseas to defend them against infringement. Large corporations can handle that cost far better than small businesses.
Your Defense: The Contract Chains
You must bind your manufacturer with an iron-clad contract that includes:
1. IP assignment clauses explicitly stating all resulting intellectual property belongs to you.
2. Strong non-disclosure clauses (or separate Non-Disclosure Agreements (NDAs)) for everyone involved to protect confidentiality.
3. Audit and termination rights clauses allowing you to inspect their facility and clearly defining penalties for unauthorized production.
Like with international patents, though, the cost of hiring lawyers here or overseas to help you if the manufacturer doesn’t abide by the contract can be significant.
The best protection against the likely problems with overseas manufacturing is to have your invention manufactured in the U.S. Yes, that may be more expensive in terms of manufacturing costs, but what you may save in enforcement costs may be worth it.
Whether you have your product manufactured in the U.S. or overseas, don't start production without legal chains securing your intellectual property, and be prepared to hire lawyers here and overseas to help you enforce these contracts!
Intellectual property is one of the most terrifyingly useful tools you have. If you’re a creator or other entrepreneur ready to build a frighteningly powerful brand and business, you need to know how to use it.
You don't have to face the darkness alone. To learn more about protecting your creations, your name, your business, and your legacy, you can book a consultation with me at kingpatentlaw.com. I help entrepreneurs across the U.S. make smart, legally sound decisions about their intellectual property. I'm an attorney in Champaign-Urbana, Illinois, and I serve intellectual property clients nationwide.
If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe! You can find all of my other frighteningly good content on the King Patent Law website, at "Spellbinding IP: Patent, Trademark, and Business Strategy" on all major podcast platforms, and at @kingpatentlaw on most social media.
The information provided in this episode is for educational purposes only and does not constitute legal advice or form an attorney-client relationship. You should not act on any information presented here without first seeking the counsel of a licensed attorney for your specific legal needs.
#kingpatentlaw #julieking #intellectualproperty #patent #internationalpatents
Let’s look at the two scariest patent searches! An inventor should run two different types of patent searches, and mixing them up is a huge mistake that can cost millions.
1. Patentability Search: Answers the question, "Is my invention new enough to get a patent?" To be granted a patent, an invention must be both novel and non-obviousness. This is the search that investigates those issues. It also looks at whether the subject matter is patentable, but that’s often something a patent attorney can advise you about before you have this search done.
2. Freedom-to-Operate (FTO) Search: Answers the question, "Can I legally sell this product without being sued?" This search looks at active patents whose rights are still enforceable to see if your invention contains components or processes that any of those patents protect, and to see whether your invention is committing infringement by including those parts or processes. This kind of search is much more expensive than a patentability search, and that’s because the level of detail and time necessary to do the search and analysis of results are much more extensive. It’s still less expensive than infringement litigation, however.
The Lesson: Getting a patent is risky if you haven't done a freedom-to-operate search. Don't rely on the USPTO to check for infringement; that's ultimately your responsibility. Always get a freedom-to-operate search before you invest in manufacturing to ensure your path to market is clear!
Intellectual property is one of the most terrifyingly useful tools you have. If you’re a creator or other entrepreneur ready to build a frighteningly powerful brand and business, you need to know how to use it.
You don't have to face the darkness alone. To learn more about protecting your creations, your name, your business, and your legacy, you can book a consultation with me at kingpatentlaw.com. I help entrepreneurs across the U.S. make smart, legally sound decisions about their intellectual property. I'm an attorney in Champaign-Urbana, Illinois, and I serve intellectual property clients nationwide.
If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe! You can find all of my other frighteningly good content on the King Patent Law website, at "Spellbinding IP: Patent, Trademark, and Business Strategy" on all major podcast platforms, and at @kingpatentlaw on most social media.
The information provided in this episode is for educational purposes only and does not constitute legal advice or form an attorney-client relationship. You should not act on any information presented here without first seeking the counsel of a licensed attorney for your specific legal needs.
#kingpatentlaw #julieking #intellectualproperty #patent #freedomtoperate #patentsearch #patentability
Welcome, innovators, to a critical lesson that separates successful patent entrepreneurs from those whose patents collect dust. I’m Julie King, and today I’m revealing the terrifying truth that owning a patent does not automatically give you the right to sell your invention.
You see, a patent is a legal shield, a right to exclude, not a sword you can wield freely in the marketplace.
In this episode:
Owning a patent is an achievement, but it's only the first step. Before you invest in manufacturing, invest in a Freedom-to-Operate analysis. Protect your invention from your competitors and protect your business from accidental infringement. Make sure the patent application is likely worth the investment of time and money by doing careful market research.
Want to make sure your invention is market-ready? Consult with a patent attorney to assess the legal landscape before you invest in manufacturing and sales. They can also advise you about how to protect your invention’s secrecy when you work with market research experts, so your work with them doesn’t cause legal headaches.
Intellectual property is one of the most terrifyingly useful tools you have. If you’re a creator or other entrepreneur ready to build a frighteningly powerful brand and business, you need to know how to use it.
You don't have to face the darkness alone. To learn more about protecting your creations, your name, your business, and your legacy, you can book a consultation with me at kingpatentlaw.com. I help entrepreneurs across the U.S. make smart, legally sound decisions about their intellectual property. I'm an attorney in Champaign-Urbana, Illinois, and I serve intellectual property clients nationwide.
If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe! You can find all of my other frighteningly good content on the King Patent Law website, at "Know Your Rights: Your IP and Business Law Playbook" on all major podcast platforms, and at @kingpatentlaw on most social media.
The information provided in this episode is for educational purposes only and does not constitute legal advice or form an attorney-client relationship. You should not act on any information presented here without first seeking the counsel of a licensed attorney for your specific legal needs.
#kingpatentlaw #julieking #intellectualproperty #patent
Be careful not to let your trade secrets die with you, or you may accidentally kill your business. If you have a proprietary formula, customer list, or algorithm that gives you your competitive edge, it’s not registered with the government. Its protection relies entirely on secrecy and contracts.
The Horror can be that since there is no government registration, if the owner dies unexpectedly, and the secret formula only exists in their head, written down somewhere no one can find it, or on a single encrypted hard drive no one can access, the entire value of the business can disappear. If there’s no way for the estate’s executor or trustee to retrieve and protect the secret, the core value of the company can vanish overnight.
The Solution is to have a trade secret succession plan.
1. For Individuals: Create a secure, sealed protocol that names a trusted successor/trustee who can access the secret only upon documented events, such as death or incapacity.
2. For Businesses: Explicitly name the trade secret as an asset in the operating agreement, bylaws, or shareholder agreement (but don’t reveal what it is in those documents); make sure the proper trustworthy business partners or successors know where and how to access the trade secret; and mandate strict confidentiality protocols for all partners and employees.
Intellectual property is one of the most terrifyingly useful tools you have. If you're a creator or other entrepreneur ready to build a frighteningly powerful brand, you need to know how to use it.
You don't have to face the darkness alone. To learn more about protecting your creations, your name, your business, and your legacy, you can book a consultation with me at kingpatentlaw.com.
I help entrepreneurs across the U.S. make smart, legally sound decisions about their intellectual property. I'm an attorney in Champaign-Urbana, Illinois, and I serve intellectual property clients nationwide.
If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe!
You can find all of my other frighteningly good content on the King Patent Law website, at "Know Your Rights: Your IP and Business Law Playbook " on all major podcast platforms, and at @kingpatentlaw on most social media.
The information provided in this episode is for educational purposes only and does not constitute legal advice or form an attorney-client relationship. You should not act on any information presented here without first seeking the counsel of a licensed attorney for your specific legal needs.
#kingpatentlaw #julieking #intellectualproperty #tradesecret #businesstips #estateplanning #horror #halloween #spookyseason
Fatal mistakes are often made when people unfamiliar with patent and trademark law leave that kind of intellectual property to people in their will or when they inherit it.
At the Mountains of Madness: A Vague Will.
“’All patents,” “all trademarks,” or “all intellectual property” owned by me may sound like a great clause to have in a will. It’s better than nothing, yes, and fine as a catch-all in case you don’t update your documents in time with more detailed information, but it really can leave a maddening mess for the executor or trustee of your estate. The way to keep them from cursing your name is to specify by registration number exactly which patents and trademarks are involved. That’s because the USPTO, the agency that registers patents and trademarks in the US, as well as international agencies that handle international patents and trademarks, require documentation to officially transfer the ownership rights to the registrations. That’s MUCH easier to handle if specific registration numbers are in the will or trust.
Creature from the USPTO: Official Assignments
Speaking of those documents transferring ownership that need to be registered with the USPTO and perhaps international agencies, those are documents most people aren’t aware need to be filed. Even some estate administration lawyers who don’t have much experience with intellectual property can be unaware of this requirement.
Official assignments of ownership must be filed with the USPTO and any international agencies that apply in order for ownership of the patent or trademark registrations to fully transfer to the new owner. Without that official transfer, it can be hard to enforce the rights that come with the registration.
This doesn’t just matter when your estate is being administered. It matters while you’re alive as well. If you put your patent or trademark registration in a trust, you need to record an assignment of ownership. If you sell or transfer your ownership to your business, you need to record an assignment of ownership then, too. As I mentioned before, the more specific the assignment is regarding identifying the intellectual property, preferably with registration numbers and other identifying information, the easier the assignment will be to prove and enforce.
Specificity and proper recording of transfer documents are the silver bullets to stop the monster of probate horror when it comes to registered intellectual property.
Intellectual property is one of the most terrifyingly useful tools you have. If you're a creator or other entrepreneur ready to build a frighteningly powerful brand, you need to know how to use it.
You don't have to face the darkness alone. To learn more about protecting your creations, your name, your business, and your legacy, you can book a consultation with me at kingpatentlaw.com.
I help entrepreneurs across the U.S. make smart, legally sound decisions about their intellectual property. I'm an attorney in Champaign-Urbana, Illinois, and I serve intellectual property clients nationwide.
If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe!
You can find all of my other frighteningly good content on the King Patent Law website, at "Know Your Rights: Your IP and Business Law Playbook " on all major podcast platforms, and at @kingpatentlaw on most social media.
The information provided in this episode is for educational purposes only and does not constitute legal advice or form an attorney-client relationship. You should not act on any information presented here without first seeking the counsel of a licensed attorney for your specific legal needs.
#kingpatentlaw #julieking #intellectualproperty #patent #trademark #businesstips #estateplanning #horror #halloween #spookyseason
The patent clock keeps ticking after you die! A utility patent is a time-sensitive asset. If you own the patent rights to your invention, you must make sure it’s managed properly after your death. Even if your heirs successfully inherit the patent, if they don't know how to manage it, the rights may die a premature death.
The Horror is that heirs unfamiliar with the invention and the patent protecting it often forget to pay the mandatory maintenance fees to the USPTO, or they fail to defend the patent against an infringer. The patent lapses, and years of potential revenue are lost forever.
The Solution isn’t to haunt your heirs into doing the right thing. It’s taking care while you’re among the living to have your will or trust designate a manager for the patent rights. This should be someone with the technical and legal ability to manage the patent, not just someone to receive the royalty checks.
To keep living beyond your death, a successful patent needs a competent manager, not just an heir.
Intellectual property is one of the most terrifyingly useful tools you have. If you're a creator or other entrepreneur ready to build a frighteningly powerful brand, you need to know how to use it.
You don't have to face the darkness alone. To learn more about protecting your creations, your name, your business, and your legacy, you can book a consultation with me at kingpatentlaw.com.
I help entrepreneurs across the U.S. make smart, legally sound decisions about their intellectual property. I'm an attorney in Champaign-Urbana, Illinois, and I serve intellectual property clients nationwide.
If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe!
You can find all of my other frighteningly good content on the King Patent Law website, at "Know Your Rights: Your IP and Business Law Playbook " on all major podcast platforms, and at @kingpatentlaw on most social media.
The information provided in this episode is for educational purposes only and does not constitute legal advice or form an attorney-client relationship. You should not act on any information presented here without first seeking the counsel of a licensed attorney for your specific legal needs.
#kingpatentlaw #julieking #intellectualproperty #patent #businesstips #estateplanning #horror #halloween #spookyseason
Not having provisions about control of your business’ intellectual property in your business operating documents is a grave mistake in intellectual property protection.
When one of the owners of a business dies, their ownership share is handled by their estate planning documents and the business’ operating documents, such as an LLC’s operating agreement or a corporation’s bylaws and shareholder agreement.
Why does it matter what the operating documents say about the ownership interest that gets inherited? If the documents aren’t clear that only financial interests and not voting or management interests are inherited, or insist that the heirs to the interest sell the interest back to the business, serious trouble with business management, including management of the business’ intellectual property, can occur.
If voting or management rights transfer to the heirs, they can be, essentially, zombie co-owners, whose lack of participation or refusal to cooperate with the other owners can completely hamstring the business when it comes to handling its intellectual property.
The Horror is that the remaining owners can't make key decisions, like licensing a patent or selling the brand, because the new, often inexperienced co-owner has to agree.
The Solution is to have one of two provisions in place:
1. A mandatory Buy-Sell Clause that compels the company to purchase the deceased member's ownership share (often funded by life insurance).
2. A Silent Partner Clause that says that upon the death of an owner/member/shareholder, only economic interests transfer, not voting rights or management rights, making the heir able to receive the financial benefit of ownership but not allowing them to interfere with the operation of the business.
These provisions ensure the management of the business’ intellectual property continues smoothly after you’ve gone.
Intellectual property is one of the most terrifyingly useful tools you have. If you're a creator or other entrepreneur ready to build a frighteningly powerful brand, you need to know how to use it.
You don't have to face the darkness alone. To learn more about protecting your creations, your name, your business, and your legacy, you can book a consultation with me at kingpatentlaw.com. I help entrepreneurs across the U.S. make smart, legally sound decisions about their intellectual property. I'm an attorney in Champaign-Urbana, Illinois, and I serve intellectual property clients nationwide.
You can find all of my other frighteningly good content on the King Patent Law website, at "Know Your Rights: Your IP and Business Law Playbook" on all major podcast platforms, and at @kingpatentlaw on most social media.
The information provided in this episode is for educational purposes only and does not constitute legal advice or form an attorney-client relationship. You should not act on any information presented here without first seeking the counsel of a licensed attorney for your specific legal needs.
#kingpatentlaw #julieking #intellectualproperty #patent #trademark #tradesecret #businesstips #estateplanning #horror #halloween #spookyseason