Patent Power
Protect, Prevent, Prevail
Did you know that locking up access to intellectual property (“IP”) is a key problem — and opportunity — for startups? This intriguing question is one of the many key topics explored in Philip Crowley’s new book, “ AVOID STARTUP FAILURE!: Learn The Top Ten Causes Of Failure For Technology Startups And How To Turn Them To Your Advantage. ” Crowley’s must-read debut book reveals the insider secrets and strategic tools that he has seen help many startups avoid common missteps and promote
“In the United States, an inventor who makes a public disclosure has a one-year grace period in which to file a provisional patent application. However, that would provide patent protection only for the United States. In all other industrialized countries, public disclosure before a filing is fatal for patent protection.
“Since the marketplace for many technologies is global, filing only in the United States may make the intellectual property much less valuable. There’s another problem as well. If the U.S. patent process continues, the patent application is published after a period of time. So, the patent
long-term success. In the case of IP, he walks readers through ways to protect their ideas and, when appropriate, ultimately grant rights to their innovations to outside third parties. For example, when a technology entrepreneur desires to obtain an individual’s IP rights, a written agreement is essential to ensure confidentiality and exclusivity between the parties, provide stronger protections beyond verbal assurances and prevent the IP from becoming publicly available. An agreement of
applicant is basically teaching those people in the rest of the world how to make and use its invention. That cuts off the prospect of an exclusive market outside the United States.” Here’s another critical point: When considering pursuing a patent, it is vital to understand that it is intended primarily to exclude others from using your IP — it doesn’t necessarily grant you the right to manufacture and market your innovation. Look for more details about the book in upcoming editions of this newsletter. Go to bit.ly/4396BxS to order your copy today! Visit the Crowley Law LLC website at CrowleyLawLLC.com to access the firm’s library of free resources — including “ From Lab to Patient, Garage to Market ,” a regular video podcast featuring leaders in life sciences, technology, startups and related fields.
this nature would preclude the individual from discussing their IP in a lecture, at a conference or in published form via journals. Generally, the IP would no longer be subject to worldwide patent protection if it becomes publicly available through these methods. However, as Crowley states in “ AVOID STARTUP FAILURE ,” there are ways to save a patent even when a public disclosure is made — but it depends on where you live.
A Gateway to U.S. Growth
Eisner Advisory Group
“As a partner of the Eisner Advisory Group, I’m firmly committed to helping international life sciences and technology companies expand their operations into the U.S. Through our “Coming to America” program, we help these entities fulfill their entrepreneurial journey — from assisting them in professionalizing and growing their U.S. business to serving as a sounding board when things don’t go as initially planned. Our goal is to provide them with the comfort of knowing they are supported through whatever compliance elements or logistical needs arise on that journey. “Because many of these companies don’t have a U.S. attorney, we readily refer them to Crowley Law. We’ve enjoyed a great relationship
with Phil’s firm, which is entrepreneur-friendly and has done a fantastic job helping our clients set up their initial companies, put employment agreements in place, enter into leases for offices and perform many other critical tasks. Crowley Law gets things done quickly while understanding the needs of technology-driven companies. Most importantly, Phil always takes time to listen. His level of care helps all boats rise with the tide, and I always refer him with great confidence.”
–John Pennett
For information on how our services and expertise can help your business thrive and succeed, please visit CrowleyLawLLC.com .
2 — CROWLEYLAWLLC.COM
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