Michael J. Foycik Jr., Esq.

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Your startup ready to launch.  That means there are questions: can I lose my rights by mistake?  Are my rights secured?  What rights do I need to protect?  Those are things your patent attorney will be able to help with.

Are you infringing?  And, do you have a right-to-use?  Your patent attorney can help with that. 

What if your startup's new product or service is not patentable: how can you be protected against unscrupulous engineers, designers, artists, and any others needed to help you develop your invention?  The protection needed there is called “trade secret” protection.  Your patent attorney can help you secure your trade secret rights. 

Do you need a Design patent application, or do you need a Utility patent application?  And, which is which?  Again, the patent attorney can help.

Did you make a sale or publish the invention already?  Foreign rights may already have been lost in many important foreign countries.  US rights can still be secured if within one year of the date of the first sale or publication. 

Your patent attorney can also let you know the costs of the above options.  And, which options are cost-effective for your product or service.

There is always a need for a trademark.  Not all patent attorneys have the experience for this.  The questions here are: is your trademark clear or is it likely to be refused registration?  Is a logo best, or is a word mark better? 

Here's wishing you a successful launch!  Enjoy the adventure.

The author is a patent attorney who helps clients with startups on crowdfunding sites, including the startup which set a fundraising record on Kickstarter. The author has over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at
877-654-3336.