FAQs

Intellectual property refers to creations of the mind, such as new inventions, original literary and artistic works, and words, names, designs, and symbols used in commerce.

In the United States, the four (4) types of intellectual property are patents, trademarks, copyrights, and trade secrets. Patents include (i) utility patents which protect machines, manufactures, compositions of matter, and processes and (ii) design patents which protect the ornamental appearance of the subject matter. Trademarks include common law, state, and federal service marks, trade names, collective marks, certification marks, and trade dress. Copyrights include common law and registered copyrights and sound recordings. Trade secrets include common law, state, and federal trade secrets.

Outside the United States, different types of intellectual property protections may be available.

Yes, an innovation may be protectable by more than one type of intellectual property. For example, the structure of a product may be protected by a patent and the brand name of the product may be protected by a trademark registration.

In today’s knowledge economy, intellectual property may be among the most valuable, if not the most valuable asset an individual or business may possess.

In the United States, the general rule is that the creator of intellectual property is entitled to own the rights to the intellectual property he or she created. Ownership of intellectual property rights may be transferred from the creator to another individual or entity by written agreement.

In general, intellectual property rights are territorial so they are geographically limited. It is possible, however, to obtain intellectual property rights practically anywhere in the world you would want to do business.

The term or duration of intellectual property rights varies depending upon the type of intellectual property you have and the country in which the intellectual property is protected. Terms are discussed in more detail below in the Patents, Trademarks, Copyrights, and Trade Secrets sections of these FAQ’s.

Given the importance of intellectual property rights and the complexity of obtaining intellectual property protection, you should consult with an experienced intellectual property attorney about how to best protect your intellectual property.

In the United States, a patent is a contract between the federal government and one or more inventors. The contract gives the inventor(s) the right, for a limited period of time, to prevent others from making, using, selling, offering for sale, or importing into the United States the claimed subject matter. The contract requires the inventor(s) to disclose the claimed invention in sufficient detail so that a person having ordinary skill in the art to which the invention pertains would not have to resort to undue experimentation to make and use the invention. The detailed description must also include the best mode known to the inventor(s) for making and using the claimed invention.

Contrary to popular belief, a patent does not give the owner(s) the right to make, use, sell, offer for sale, or import into the United States the claimed invention. A patent does give the owner(s) the right to prevent others from making, using, selling, offering to sell, and importing into the United States the claimed invention. It may be necessary for the owner(s) to obtain a license from another patent owner in order to make, use, sell, offer for sale, or import into the United States the claimed invention.

In the United States, there are two (2) types of patents; namely, utility patents which protect machines, manufactures, compositions of matter, and processes and design patents which protect the ornamental appearance of the subject matter.

In the United States, a provisional patent application may be filed in order to secure a filing date for a utility patent application. A provisional patent application will not be examined by the USPTO or disclosed to the public, and it will not confer patent rights on its applicant(s). A provisional patent application will automatically expire twelve (12) months after its filing date. In order to retain the filing date of the provisional patent application, a corresponding nonprovisional utility patent application must be filed before the expiration of the provisional patent application.

There are a number of reasons applicants elect to initiate patent protection for their inventions in the United States by filing a provisional patent application as opposed to a nonprovisional utility patent application. For example, a provisional patent application can be filed without many of the requirements of a nonprovisional utility patent application, and the filing fee paid to the USPTO is far less than the filing fee for a nonprovisional utility patent application. As a result, a provisional application can be prepared on a much more expedited basis at a significantly lower cost.

In addition, filing a provisional patent application allows the applicant(s) to mark the invention “Patent Pending” and gives the applicant(s) twelve (12) months to “pitch” the invention to manufacturers, retailers, distributors, investors, and business partners to determine the commercial viability of and/or the advisability of further investment in patent protection for the invention.

The cost of obtaining a patent in the United States can vary widely depending upon a number of different factors, including the subject matter of the invention, the complexity of the invention, the distinguishability of the invention from the prior art, and the type of patent protection sought. In addition, at BRIGHTWISE Law we believe that the quality and scope of a patent should be generally commensurate with the cost of obtaining the patent.

On the low end of the cost scale, a design patent generally costs far less to prepare, file, and prosecute than a utility patent. It is not unusual to obtain a design patent for less than a few thousand dollars.

A utility patent, by contrast, will typically cost at least five thousand dollars for simple inventions that are easily distinguishable from the prior art. Complex inventions that are not easily distinguished from the prior art can cost more than ten thousand dollars to prepare and file and at least that much to prosecute.

BRIGHTWISE Law has the flexibility to offer reasonable hourly billing rates, fixed fees, flat fees, and other alternative fee arrangements that fit the budget of almost any inventor. It is our aim to provide our clients with the quality and experience they would expect from a much larger firm at a cost they would expect from an in-house IP counsel. If you would like to discuss any of our flexible fee options, please contact Paul at paul@brightwiselaw.com.

In the United States, the term or duration of a utility patent is twenty (20) years from the earliest effective filing date. The term of a design patent is fifteen (15) years from the filing date of the application.

In the United States, only human beings who contributed to the conception of the subject matter of a patent application (i.e., inventors) can apply for a patent. Like other intellectual property rights, though, patent and patent application ownership rights may be assigned by the inventor(s) to one or more other individuals or entities by written agreement.

In the United States and most foreign countries, the first applicant to file a patent application for an invention is the party entitled to patent rights for that invention. This type of patent system is commonly referred to as a “first-to-file” system. Because obtaining the earliest filing date possible for your invention is critical to securing your patent rights in a first-to-file system like in the U.S. and most foreign countries, you should consult with an experienced patent attorney as soon as possible to avoid any loss of your patent rights.

In general, patent rights are territorial and therefore geographically limited. For example, a patent granted by the USPTO confers patent rights on its owner(s) in the United States only.

There are a multitude of reasons why you might want to get a patent. In general, your invention(s), like your trademark(s), your work(s) of original authorship, and your trade secret(s), may be among the most valuable assets, if not the most valuable asset, of your business. Protecting your invention(s) with one or more patents, gives you the right to exclude others from making, using, selling, offering for sale, and importing into the United States the claimed subject matter for a limited period of time (twenty years for utility patents and fifteen years for design patents).

As a result, a patent may require your competitors to “design around” your claimed invention with a design that is more complex, costly, hazardous, labor-intensive, or difficult to make or use. A patent may also require your competitors to settle for a design that performs less efficiently or effectively, has mechanical, electrical, or thermal limitations, or requires more parts, components, or steps. Forcing your competitors to “design around” your patent may represent a significant barrier, and possibly an insurmountable obstacle, to market entry.

In addition to defensive uses, patents can also be used offensively to generate revenue through licensing or sale to others or by enforcement against infringers.

Getting a patent is usually a relatively lengthy, time-consuming, and expensive process. In order to minimize these obstacles, you should consult with an experienced patent attorney as to the course of action that best suits your needs.

In the United States, eligible subject matter for patent protection includes machines, manufactures, compositions of matter, and processes. Certain “judicial exceptions” to subject matter eligibility, such as “abstract ideas,” “laws of nature,” and “natural phenomena,” limit the scope of what may be protected by a patent in the United States. Because the scope of eligible subject matter is a relatively complex determination, you should consult with an experienced patent attorney to determine if your invention(s) constitute patent-eligible subject matter.

In the United States, there are three (3) basic requirements for the patentability of eligible subject matter. First, the invention must be novel, which means it cannot be identical to any prior art inventions. Second, the invention must have utility, which means that it must have some useful purpose. Third, the invention must be nonobvious, which means that the differences between the claimed invention and the relevant prior art would not be considered an obvious modification of the prior art by a person having ordinary skill in the art (PHOSITA) to which the invention pertains.

While the first two requirements for patentability of eligible subject matter are not usually difficult obstacles to overcome, the nonobviousness requirement is relatively complex. As a result, you should consult with an experienced patent attorney to discuss the patentability of your invention(s).

In general, you should not disclose your invention to anyone who is not under an obligation of confidentiality and non-disclosure until after you have filed a patent application directed to the invention. Because the disclosure of your invention before obtaining a filing date can negatively impact and potentially extinguish your patent rights, you should consult with an experienced patent attorney before you make any disclosure of your invention to anyone.

In the United States, there are no maintenance fees for design patents, but there are maintenance fees for utility patents which are due at 3 ½, 7 ½, and 11 ½ years after the issuance or grant of the patent.

In many foreign countries, maintenance fees are due annually beginning one year after the application filing date (even if the patent has not been granted) and continuing through the life of the application and any patent granted therefrom.

As soon as you have received a patent application filing date at the USPTO, you can mark your invention with the designation “Patent Pending,” “Pat. Pend,” or the like. You can continue to mark your invention accordingly for as long as your patent application is “alive,” i.e., for as long as it is not abandoned.

Once your patent application is granted and issues as a patent, you should mark your patented invention with the designation “Patent No. XX,XXX,XXX,” or “Pat. No. XX,XXX,XXX.” You should continue to mark your patented invention accordingly for as long as your patent is “alive,” i.e., for as long as it is not expired, invalidated, or deemed unenforceable.

For patented products and designs, marking can be affixed to the product or article which is the subject of the design. For patented processes, marking can be provided on the article that accomplishes the process or the literature used to advertise and sell the process.

Virtual patent marking is a potentially less costly, less labor-intensive, and less burdensome alternative to physical patent marking. In short, virtual patent marking permits a patent owner to virtually mark its patents in digital format on a webpage referenced via a more generic and static physical marking.

A trademark is a word, phrase, symbol, design, or other identifier that designates the source of origin of goods or services.

In general, there are six (6) different types of trademarks; namely, (i) trademarks for goods, (ii) trade names for business names, (iii) service marks for services, (iv) trade dress for product shapes and packaging, (v) collective marks for association or organization members, and (vi) certification marks for certifying the quality of goods or services.

In general, there are five (5) different levels of trademark distinctiveness, as follows:

• Generic: a common term that does not qualify for trademark protection, e.g. Aspirin for a headache medicine, Escalator for a moving staircase, or Thermos for a vacuum flask thermal insulator.

• Descriptive: a term that describes a feature or quality of the product, e.g. Tasty for a food product, Warm for a heater, or Weight for a scale.

• Suggestive: a term that implies a characteristic or benefit of the product, e.g. Netflix for a streaming service, Gleam for toothpaste, or Microsoft for computer software.

• Fanciful: a term that is invented or has no meaning, e.g. Kodak for a camera company, Adidas for sneakers, or Clorox for bleach.

• Arbitrary: a term that has a common meaning but is used for an unrelated good or service, e.g. Apple for a computer company, Delta for faucets, or Bronco for motor vehicles.

Generic marks lack distinctiveness and therefore are not registrable. Of the remaining levels of distinctiveness, descriptive marks are the least likely to be registrable and fanciful and arbitrary marks are the most likely to be registrable. It should be noted that even the most fanciful and arbitrary marks can become generic and thereby lose any trademark protection by improper use of the mark. As a result, it is important to consult with an experienced trademark attorney regarding the proper use of your trademarks.

Like inventions, original works of authorship, and trade secrets, your trademarks can be among the most valuable assets, if not the most valuable asset of your business. Failure to proactively protect your trademark rights may result in the loss of some or all of those rights. Because protecting your trademarks is important and relatively complex, you should consult with an experienced trademark attorney about how to best protect your trademark rights.

Trademark protection, unlike patent protection, can extend for as long as you actually use the mark in commerce. In the United States and most foreign countries, registered trademarks are subject to certain “renewals” at different times, and you should consult with an experienced trademark attorney so you do not inadvertently miss a “renewal” deadline.

In the United States, business names, product names, service names, logos, slogans, colors and color schemes, sounds, scents, product shapes, and product packaging can be registered as trademarks.

In the United States, the following types of marks cannot be registered as a trademark:

• Marks that are generic terms for the goods or services with which they are used.

• Marks that are merely descriptive or deceptively misdescriptive of the goods and services with which they are used.

• Marks that are confusingly similar to other registered marks.

• Marks that are confusingly similar to other marks which are the subject of an earlier filed application for registration.

• Marks that are primarily geographically descriptive or deceptively misdescriptive of the goods or services with which they are used.

• Marks that are primarily merely a surname.

• Marks that comprise any matter that, as a whole, is functional.

• Marks that are a flag or coat of arms or other insignia of the United States, or of any State or municipality, or of any foreign nation, or any simulation thereof.

• Marks that are a name, portrait, or signature identifying a particular living individual except by his or her written consent, or the name, signature, or portrait of a deceased President of the United States during the life of his or her surviving spouse, if any, except by the written consent of the surviving spouse.

In the United States, federal registration of your trademark(s) provides you with trademark rights in all fifty (50) States, regardless of whether you use the mark in commerce in each of those States. By contrast, if you do not obtain a federal registration for your mark(s), then your trademark rights will extend to only those geographic areas where the mark(s) is actually being used in commerce. Federal registration of your trademark(s) confers several other benefits, including the right to sue for infringement in federal courts.

The owner of a registered trademark can prevent another from using and registering a confusingly similar mark. Likelihood of confusion is a complex, fact-intensive, multi-factored determination that you should discuss with an experienced trademark attorney. In general, two of the primary factors in the likelihood of confusion determination are the similarity of the marks and the similarity of the goods and services with which the marks are used.

International Classes (ICs) are the forty-five (45) categories of goods (ICs 1-34) and services (ICs 35-45). All goods and services fit into one of the 45 ICs. Trademark applications for registration must identify the ICs in which the mark is being used in commerce or intended to be used in commerce. In order to determine which ICs should be identified in your trademark application for registration and avoid unnecessary filing fees, you should consult with an experienced trademark attorney.

In general, obtaining a federal registration for a trademark is far less expensive than obtaining a utility patent for an invention. Based on extensive experience with preparing, filing, and prosecuting trademark applications in the United States, BRIGHTWISE Law is able to offer several different fee structures for trademark matters, including reasonable hourly rates, flat fees, fixed fees, and other alternative fee arrangements. to discuss the different pricing options for your trademark matters, please contact Paul at paul@brightwiselaw.com.

In the United States, either the owner of the applied-for trademark or an attorney licensed in one or more States may apply for a trademark registration. An attorney not licensed in one or more States of the United States cannot file an application for federal registration in the USPTO.

Trademark protection, like patent protection, is territorial in nature. As a result, a federal trademark registration obtained in the USPTO provides the registrant with trademark protection in the United States only.

Preparing, filing, prosecuting, and maintaining trademark protection is a relatively complex endeavor fraught with pitfalls for the inexperienced. You should consult with an experienced trademark attorney in order to optimize your trademark rights and avoid unnecessary delays and costs in the process.

In some respects, common law trademark rights are similar to the trademark rights conferred by a federal registration, however, there are a number of significant differences. Common law trademark rights extend to only the geographical areas in which the mark is actually used in commerce. Actual use in commerce is a complex determination that you should discuss with an experienced trademark attorney. In addition, common law trademark rights do not allow the owner to sue a potential infringer in a federal court.

In the United States, you are entitled to common law trademark rights when you use your mark in commerce in connection with a good or service. It is important to note that common law trademark rights do not automatically extend to all fifty (50) States like federal registration rights. Instead, common law trademark rights are limited to the geographical areas of actual use in commerce.

In general, there are two types of trademark fair use. Classic fair use, also referred to as descriptive fair use, occurs when another’s trademark is used to describe your goods or services rather than the source of origin of another’s goods or services. By contrast, nominative fair use occurs when another’s mark is used to name the owner’s goods and services when they could not otherwise be easily identified. Common examples of “fair use” of another’s trademark include comparative advertising (e.g., Coke vs. Pepsi), parody, identification of customers, compatibility claims, product reviews, and qualification claims (e.g., an automobile mechanic advertisement that mentions Chevrolet, Ford, etc.)

Because the determination of whether the use of another’s trademark constitutes a permissible “fair use” is a complex, fact-sensitive, and consequential analysis, you should consult with an experienced trademark attorney.

In the United States, you should mark your trademark with the “™” symbol as soon as you begin to use the mark in commerce in connection with goods. You can continue to mark your trademark with the “™” symbol for as long as you are actually using the mark in commerce in connection with the goods.

In the United States, you should mark your trademark with the “SM” symbol as soon as you begin to use the mark in commerce in connection with services. You can continue to mark your service mark with the “SM” symbol for as long as you are actually using the mark in commerce in connection with the services.

Once your trademark application for registration is allowed and a Certificate of Registration is granted, you should mark your trademark with the ® designation. You should continue to mark your trademark with the ® designation for as long as your registration is “alive,” i.e., for as long as it is not abandoned or canceled.

For words, phrases, symbols, and designs, your marking should be placed in close proximity to the mark. For other types of trademarks, marking can be accomplished on products, product packaging, advertising and marketing materials, or other literature relating to the trademarked goods or services.

A copyright is an original work of authorship fixed in a tangible medium. Ideas are not protectable as copyrights, but expressions of ideas are protectable as copyrights.

In the United States, there are common law copyrights and registered copyrights. Common law copyrights are established when an original work of authorship is fixed in a tangible medium. For example, common law copyrights are established when sufficiently original words are written on paper or typed into a computer drive, paint is brushed onto a canvas, and music is recorded on a tape.

While common law copyrights are established automatically by operation of law, they are limited in scope compared to registered copyrights which are established by registering your original work of authorship with the U.S. Copyright Office. Among the additional rights afforded by a copyright registration are the right to sue for infringement in federal court and the right to seek and recover statutory damages.

While copyrights may apply to any original work of authorship fixed in a tangible medium, common examples of copyrighted works include literature, software, photography, art, and music.

Compared to patenting an invention or even registering a trademark, registering a copyright is relatively inexpensive. The filing fee paid to the Copyright Office for the registration of most works is less than $100 per work, and most applications for registration can be prepared with minimal attorney’s fees.

The term or duration of copyright protection is a relatively complex and fact-specific analysis which depends upon factors such as the nature of the work, the author of the work, the date of publication of the work, and the like. You should consult with an experienced copyright attorney to determine the term of the copyright to your work.

In general, the author(s) or creator(s) of the original work is entitled to the copyrights in the work in the absence of a written agreement to the contrary. There are two significant exceptions to the general rule. First, the purchaser of the entire copyright to an original work of authorship owns the copyrights to the original work. Second, the owner of the copyrights to a “work made for hire”( or “work for hire”) is not the creator of the work.

As described in more detail below under the FAQ “What is a ‘work made for hire’?” the owner of a “work made for hire” can be either (i) an employer whose employee creates the original work of authorship in the scope of employment or (ii) a party who specially orders or commissions one of the specifically-enumerated types of work from an independent contractor via a written agreement.

A “work made for hire” (or a “work for hire”) is either:

(a) a work prepared by an employee within the scope of his or her employment; or

(b) a work specially ordered or commissioned for use as (i) a contribution to a collective work, (ii) a part of a motion picture or other audiovisual work, (iii) a translation, (iv) a supplementary work, (v) a compilation, (vi) an instructional text, (vii) a test, (viii) answer material for a test, or (ix) an atlas, and if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire.

Like patents and trademarks, copyright protection is territorial in nature and therefore geographically limited.

There are a number of reasons for registering your original work of authorship as a copyright. Among the most important reasons for registering your original work of authorship is access to federal courts to sue others for copyright infringement and the availability of statutory damages for infringement.

In the United States, the copyright registration process is a relatively straight-forward and inexpensive process. Application forms are available online at the Copyright Office website, www.copyright.gov.

There are no bright line rules permitting the use of a specific number of words, a certain number of musical notes, or a percentage of a work. Whether a particular use qualifies as a fair use usually depends on a multitude of fact-intensive circumstances.

In general, the following four (4) factors are considered in determining whether the use of a copyrighted work constitutes a permissible “fair use” or an impermissible infringing use:

1. the purpose and character of the use of the copied work (e.g., whether it is a commercial use or non-profit educational use);

2. the nature of the copied work (whether it is a sufficiently original expression or an informational or educational work);

3. the amount and substantiality of the portion used compared to the original work; and

4. the effect of the use on the potential market or value of the original work.

Because the determination of whether the use of a copyrighted work constitutes a permissible “fair use” or not is a complex, fact-sensitive, and consequential analysis, you should consult with an experienced copyright attorney.

When two or more authors prepare a work with the intent to combine their contributions into inseparable or interdependent parts, the work is considered to be a joint work and the authors are considered to be joint copyright owners. The most common example of a joint work is when a book or article has two or more authors.

The U.S. Copyright Office considers joint copyright owners to have an equal right to register, license, and enforce the copyright. Unless the joint owners execute a written agreement to the contrary, each copyright owner has the right to commercially exploit the copyright, provided that the other copyright owners get an equal share of the proceeds.

As soon as your original work of authorship is fixed in a tangible medium, you should mark it as described below. You should continue to mark your work for the duration of your copyright term.

You should mark your original work of authorship with the © symbol followed by the year of publication of the work and the name of the owner of the published work unless the work is a sound recording. If your original work is a sound recording, you should mark the work with the ℗ symbol.

The location of your copyright marking or notice will usually depend upon the type of work. For books and other written works, the copyright notice is typically located near the beginning of the work. For films, the copyright notice is typically located near the end of the work. For computer software, music, and visual arts, the copyright notice is typically located on the fixed medium and/or the packaging for the fixed medium.

In general, a trade secret is any information that (i) has economic or commercial value as a result of its secrecy and (ii) is the subject of reasonable measures to safeguard its secrecy.

Trade secrets cannot be registered like trademarks and copyrights or patented like inventions. Trade secret protection requires the establishment and implementation of reasonable measures to safeguard the secrecy of the trade secret information. Because the establishment and implementation of such measures is fact-specific and relatively complex, you should consult with an experienced trade secret attorney about best practices for protecting your trade secrets.

While trade secret information can be any information that has economic or commercial value as a result of its secrecy and is the subject of reasonable measures to safeguard its secrecy, there are certain types of information that are commonly protected as trade secrets. Among those are manufacturing process “know how,” client lists, pricing and financial information, marketing and business development plans, and computer software.

The cost of establishing and implementing reasonable measures to safeguard the secrecy of your trade secrets will vary depending on a variety of factors such as the nature and quantity of your trade secrets, the type of goods and services to which your trade secrets relate, the industry to which your trade secrets relate, your competitors, and the like. Because your trade secrets cannot be registered or patented like your other intellectual property assets, you will not have to pay any filing fees or maintenance fees to a governmental entity for your trade secret protection.

Like trademarks, and unlike patents and copyrights, trade secrets may be protected indefinitely if certain conditions are maintained. Trade secret information may be protected for as long as it has economic or commercial value because it is not generally known to the public and it is the subject of reasonable measures to safeguard its secrecy.

Anyone who exercises reasonable measures to maintain the secrecy of trade secret information that has commercial or economic value because it is secret may be entitled to trade secret protection.

Trade secret protection, like patent and trademark protection, is territorial in nature.

There are several reasons why trade secret protection may be preferable to other forms of protection for your intellectual property. For example, trade secret protection, unlike patent protection, can continue for as long as your trade secret information has economic or commercial value because it is secret and reasonable measures are taken to safeguard the secrecy of it. In addition, trade secret protection does not require the payment of any filing, maintenance, or renewal fees like other types of intellectual property protection.

Because the decision to protect your valuable intellectual property assets as a trade secret as opposed to some other form of intellectual property protection depends upon a number of complex considerations, you should consult with an experienced intellectual property attorney.

While the determination of reasonable measures to safeguard the secrecy of trade secrets is a fact-specific and relatively complex analysis, some common examples of such measures include physical security (e.g., locks, security cards), digital security (e.g., passwords, access restrictions), nondisclosure agreements, and employment agreements. Because the establishment and implementation of reasonable measures to safeguard the secrecy of your trade secrets is a relatively complex endeavor, you should consult with an experienced trade secret attorney.

Patents, trademarks, copyrights, and trade secrets can be licensed. Because licensing intellectual property, either as a licensor or a licensee, is relatively complex and may significantly impact your intellectual property rights, you should consult with an experienced intellectual property before entering into a license arrangement.

License Agreements are relatively complex arrangements which can be structured in a multitude of different ways with a broad range of terms and conditions. Among the common ways in which License Agreements are structured are exclusive or non-exclusive, transferable or nontransferable, sublicensable or non-sublicensable, royalty or royalty-free, field of use, geographical area, minimum mandatories, and the like. You should consult with an experienced intellectual property attorney about the various ways in which a license agreement can be structured.

The amount of the royalty rate or licensing fee you should demand will depend on a number of factors including the nature and quality of the intellectual property being licensed, the nature of the rights being licensed, the relevant goods, services, and industry, the duration of the arrangement, the amount of any advance or other fixed payments, and the like. Because the determination of an appropriate royalty rate or licensing fee is a relatively complex, fact-specific, and multi-faceted analysis, you should consult with an experienced intellectual property attorney.

The decision to structure a license agreement as an exclusive or non-exclusive arrangement can have significant consequences for both the licensor and the licensee, particularly with respect to marketplace competition and third-party infringement. As a result, you should consult with an experienced intellectual property attorney before deciding whether an exclusive or non-exclusive license agreement is best for you.

The decision to structure a license agreement to allow or prohibit sub-licensing can have significant consequences for both the licensor and the licensee, particularly with respect to quality control, marketplace competition, and third-party infringement. As a result, you should consult with an experienced intellectual property attorney before deciding whether allowing or prohibiting sub-licensing is best for you.

Absolutely. Even if you do not sign an engagement letter, pay a retainer fee, or otherwise retain BRIGHTWISE Law as your law firm for intellectual property matter(s), any confidential communications made by you to BRIGHTWISE Law will remain confidential as required by the applicable Rules of Professional Conduct.

Absolutely. BRIGHTWISE Law would even be glad to provide you with a sample Non-Disclosure Agreement for your review and revision.

Yes, BRIGHTWISE Law does offer its legal services at an hourly billing rate if you prefer the more traditional fee structure. At BRIGHTWISE Law, however, we have the flexibility to offer a different approach to traditional hourly. To discuss the alternative hourly billing rates offered by BRIGHTWISE Law, please contact Paul at paul@brightwiselaw.com.

Yes, BRIGHTWISE Law does offer flat fees or fixed fees for a wide variety of legal services, based in large part on many years of experience with performing and billing such services. If you would like to discuss your options for flat fee or fixed fee billing for your intellectual property matters, please contact Paul at paul@brightwiselaw.com.

Yes, BRIGHTWISE Law does offer other alternative fee arrangements. If you are interested in discussing other alternative fee arrangements, please contact Paul directly at paul@brightwiselaw.com.