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Widerman Malek Law Blog

IP Security Policy: Post-Hire

Part of living an intellectual property (IP) security policy is institutionalizing a corporate culture that values and respects IP rights.  Indoctrination of employees into such a culture can begin during the pre-hire process, and necessarily continues during new hire orientation.

IP Security Policy: Pre-Hire

Topics related to intellectual property routinely are neglected in daily business planning and operations (which is surprising given that intellectual property is by far the main value driver in most businesses).  Take, for example, the hiring process.  Businesses put a lot of time and effort into identifying employment candidates, planning and conducting candidate interviews, and orienting hires […]

Can I Patent My Food Recipe?

Family restaurant recipes are often kept secrets to protect their livelihood and fend off competition, but it is rare for restaurants or individuals to claim patents for their food recipes. Why is that? The reason is it is simply too hard to prove a recipe is new and never invented before. I mean how many […]

IP Security Policy: Live It!

My last post stressed the importance of planning for protection of intellectual assets, and recommended businesses institute information security procedures and routine training in those procedures to limit the risk of employees inadvertently (or intentionally) disclosing business-critical information and know how to competitors.  Unfortunately, too many business leaders mistakenly believe use of a boilerplate confidentiality […]

Patent: A Tool, Not A Business

A patent in the United States grants an inventor the right to exclude others from making, using, selling, offering for sale, or importing the claimed invention in this country.  Such a right to exclude competitors can be a useful business tool.  But too many inventors, in my opinion, delay the birthing of an invention-centric business […]

Should I Seek A Foreign Patent: Invention Factors

As mentioned in an earlier blog, many businesses are unaware of the need and/or are unfamiliar with the procedures to extend patent rights outside the United States.  This article describes some factors characteristic of the invention itself that one may consider when making the important decision to file for patent protection in foreign countries. Invention Factors […]

Should I Seek A Foreign Patent? Legal Factors

As mentioned in my last blog, many businesses are unaware of the need and/or are unfamiliar with the procedures to extend patent rights outside the United States.  This article describes some legal factors one may consider when making the important decision to file for patent protection in foreign countries. Legal Factors Before initiating a time consuming […]

Should I Seek A Foreign Patent? Business Factors

Every United States patent contains a grant to the owner of the right to exclude others from making, using, offering for sale, or selling the subject invention in the United States or importing the invention into the United States.  However, many businesses, especially small business and micro-entities, are unaware of the need and/or are unfamiliar […]

“Bet You Punks Don’t Remember Deming!”

So you say your company still has not taken the time to document its business processes.  Seriously?  Never heard of Six Sigma, huh?  How about ISO 9000?  TQM?  Kaizen, maybe? Well, Congress has given you a new reason to bother with process documentation, in the form of the Leahy-Smith America Invents Act.

How Do You Protect a Trade Secret?

Everyone knows the best way to protect valuables from thieves is to simply lock valuables in a safe or deposit the valuables in the banks.  This is assuming your valuables are tangible items.  What if the valuable is non-tangible?  How then is one supposed to secure it from being stolen? Non-tangible valuables like company trade […]

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