Contracts
In the food tech and biotech industries, companies commonly provide tangible materials to other research institutions, universities, and other companies for evaluation purposes. In these scenarios, it’s critical to have a Materials Transfer Agreement in place to cover key aspects of this transfer, primarily confidentiality and IP ownership. In today’s post, I discuss when an MTA is needed, common key terms, and how they differ from NDAs.
Read More
Contracts
We’ve all tried free trials for software, whether as consumers or in the B2B context, agreeing to terms to get access. However, it’s not always obvious what terms should be in these Trial Agreements, also called Pilot Agreements. In today’s post, I explain when it’s a good idea to have a Pilot Agreement in place, key terms to include, and how to implement them.
Read More
Contracts
All startup founders and operators who’ve signed vendor agreements and prepared customer templates have seen Order Forms that reference online Terms and standalone MSAs or SaaS Agreements that are negotiated. What’s not obvious is when each customer scenario calls for which type of agreement. In today’s post, I discuss when standard online terms v. negotiated agreements are appropriate, operationalizing a 2-contract system, and what clauses SaaS Agreements typically include.
Read More
Contracts
A question clients have asked me – their product is governed by their Terms of Service and Privacy Policy. Do they also need a Data Processing Agreement? The answer is, it depends. In today’s post, I draw the distinction between Privacy Policies and Data Processing Agreements, and when each one is appropriate.
Read More
AI Talk
CA SB 1047 is awaiting Gavin Newsom’s signature or veto. In today’s post, I discuss the key points of this state level regulation on AI models, what requirements are proposed to developers, and what’s next.
Read More
Contracts
We’ve all seen Privacy Policies posted on websites, and even notices that they and Terms and Conditions have been updated. But, not everyone knows what needs to be in these policies. Today, I discuss in more detail what you’ll find in a compliant Privacy Policy and when you need to have one in place.
Read More
Contracts
Terms of Service, also called Terms and Conditions, are seemingly boilerplate online terms that everyone has to click through to access a product or service online. Today, I discuss how these Terms differ for different companies and business models, how to properly implement them online, and when a company needs to have them in place.
Read More
Contracts
Most companies know what an NDA is, and that they should get one signed in certain scenarios, but what they don’t know is that NDAs can also include unfavorable, non-standard terms they should usually not agree to. Today, I give a quick overview of what an NDA is, when to get one signed, differences between mutual and one-way NDAs and when to use each, as well as some gotchas.
Read More
IP Basics
It’s a wrap for the IP Basics series! I’ve shared a general overview of all intellectual property types in the US, and dove more deeply into copyrights, trademarks, trade secrets, and patents, defining what they protect, how to get protection, and other aspects relevant to startups. Here’s an index of all my posts under the IP Basics series for easy reference.
Read More
IP Basics
How companies filter out inventions for patentability and commercial value requires a patent strategy, invention disclosure process, and a culture of innovation and disclosure to leadership. In today’s post, I discuss patent strategy and the invention disclosure process to get startups thinking about getting an innovation mindset in place with employees, and the patent application process so that companies are prepared when they’re ready to make the investment.
Read More
IP Basics
There are 3 types of patents: utility patents, design patents, and plant patents. Most often, startups and tech companies file utility patents, and sometimes, design patents. Today, I describe the requirements for filing utility patents and patent term, so you can understand what it takes for a patent application to be granted and how long you have protection for.
Read More
IP Basics
What's a patent and what makes them valuable? When should a company decide whether to file a patent application? Here, I describe the various ways companies can deploy patents to maximize business value and considerations for deciding whether to patent an invention.
Read More
IP Basics
When we read on the news about former employees stealing company information and giving it to a competitor or the media, we’re looking at trade secret misappropriation. It’s ideal to protect your trade secrets at the outset through NDAs, physical and cyber security measures, and employee training.
Read More
AI Talk
Almost 3 years after the initial proposal, the EU AI Act was finally approved in May. Here, I describe the Act’s risk classification, requirements for high-risk AI systems and general purpose AI systems, and what this means for startups going forward.
Read More
AI Talk
Tennessee’s ELVIS Act, effective July 1, 2024, expands on an individual’s right of publicity to target deepfakes created without authorization, in the form of an individual’s voice. Read on for the highlights of this new law, and what that means for startups going forward.
Read More
IP Basics
Trade dress is a product packaging’s shape, color, design, texture, and even a retail space’s color scheme and overall look and feel. It’s protected by trademark law, and the USPTO requires trade dress to be both non-functional and distinctive to get protection. Read on for how trade dress is evaluated for functionality and distinctiveness.
Read More
AI Talk
Major record labels have sued 2 AI startups that take text prompts from users and generate songs in the style, genre, and lyrics specified, alleging copyright infringement using their copyrighted sound recordings in training data. Read on for my analysis of their likely defense of fair use, why that may not be viable here, and best practices for AI companies going forward when it comes to training data.
Read More
IP Basics
How does the USPTO decide whether to allow a trademark application? And, how do courts determine trademark infringement. Today, I discuss the likelihood of confusion test and how it's used in both those scenarios.
Read More
IP Basics
Should you register your trademark? Where to register and what makes a strong trademark? Here, I'll discuss reasons to register with the USPTO and elsewhere, and what makes for a strong trademark.
Read More
IP Basics
I go over why registering your work with the Copyright Office is often the best thing to do, along with statutory damages and why those are preferable to actual damages. I also describe elements of an infringement claims and fair use, a common defense to use of an unlicensed work.
Read More
