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The trend in IP law over the last 25 years ful in helping a smaller company win $30 registering it with the government makes
enforcing your rights much easier and
has been toward greater and greater million in damages against a much larger
complexity because of the arrival of the competitor that was willfully infringing grants additional legal protection. You

digital revolution. likewise, cheap, global our client’s patent. If our client had not must also pay a fee, which is currently $35
distribution channels and changes to
invested the time and resources necessary for a basic copyright.

the law itself have made IP more easily to obtain and enforce its patent, it would
monetized than ever before, leading in likely have been forced out of business.”
New copyrights are good until 70 years

turn to increased litigation. To name one after the author’s death.

example, non-practicing entities (NPEs) The best way to prevail is to make sure
and their lawyers now make money by you have taken the preventative legal How to Apply for a Patent—The process

obtaining patents and then licensing those steps to protect your interests. “for the for applying for the two most common
patents to others without ever producing small company, the best defense is a patent types is slightly different:

or selling any goods or services.
strong offense,” says Pitts. “have an at-

torneyexperiencedintheareaofpatents • utilitypatentforinventinganew
In addition and because of the importance search to determine patentability. Existing process, machine, or item. These

of IP, large corporations retain expensive patents could limit your company’s ability patents are good for 20 years from the
law firms and have the deep pockets to to make, use, or sell a given product. In filing date.

outlast their smaller competition, regard- addition, if you receive a letter alleging
lessofthemeritsofanyIPcase.Steve somesortofinfringement—trademark, • Designpatentfortheornamental

Jobs of Apple once threatened the much patent, or copyright—the sooner you design for an existing manufactured

smaller Palm Computing on a non-IP-re- respond, the more likely that a dispute can item. An example is the unique shape
lated issue with IP litigation by reminding be amicably resolved outside of litigation.”
of a Coca Cola bottle. Design patents

Palm he could afford a legal war of attri- are good for 14 years from the issuance
tion that Palm could not. A startup may be How to Apply for a Copyright—The
of the patent.

in the right but not able to afford the costs uS copyright office’s Web site is www.

of going toe to toe with a giant enemy.
copyright.gov. It has all the forms you • The third type of patent, the plant
need, as well as tutorials and advice. for patent, is not usually applicable to

Pitts says, however, small firms should not most types of copyright, applying online small businesses.
despair, provided they do their home- will be easiest because you can submit

work: “While it is difficult for a small- electronic copies of the work or works As with copyright, you should start with

company to prevail against one of the you wish to copyright along with your ap- the uS government Web site (www.
goliaths in their industry, it’s not impos- plication. Technically, you have copyright uspto.gov)—or a patent attorney, partic-

sible. Several years ago, we were success-
from the moment you create a work, but
ularly if you believe your possible patent
to be valuable. unlike copyright, the

patent process is complex, especially for
first-time filers. The fees are also higher

and more numerous.

finally, in terms of intellectual property

and all aspects of establishing a business,
keep in mind that you are trying to create

future value, rather than only a current

income stream. That’s an additional rea-
son to protect trademarks, copyrights, and

patents. “What’s your exit plan?” Chris-
tenson asks clients. “As a business owner,

you are not going to retire someday with
a pension. Part of your retirement will

instead be financed (hopefully) by selling

your business. So develop those value
drivers that create equity and will attract

potential buyers.”

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