Helping law firms, particularly small and medium sized firms (SMLs), protect their clients online is a core mission at DomainSkate. Every week we will be featuring an SML that is using our software to protect their clients.This week we focus on Boag Law, PLLC, a boutique intellectual property firm that helps emerging and established companies with issues related to patent, trademark, copyright, and technology law.
David Boag, the founding principal of the firm, practiced for over 12 years with a NYC-based intellectual property boutique where he handled a wide range of intellectual property matters for a client base ranging from Fortune 100 multinational corporations to startups and sole proprietors. David has an undergraduate degree in computer science and worked as a software developer prior to law school, giving the practice a unique advantage when it comes to working with high tech clients.
David’s experience includes patent, trademark, and copyright litigation, strategic prosecution, licensing, and dispute resolution, among many others.
BOAG LAW, PLLC is one of several law firms to start using DomainSkate.com’s brand protection software to monitor their clients’ trademarks online.
We recently spoke with David about IP considerations for small businesses and how the firm uses DomainSkate.com.
At what point does a startup or small business need to think about protecting its intellectual property?
Early. IP is one of the core assets of a young company and it’s never too early to think about how to protect it, or how to avoid infringement. When you know you’re name, make sure it’s clear to use as a trademark and then go register it with the USPTO. You don’t want to build an identity around a name only to find out that someone else has registered it or worse, has rights in that name and demands that you stop. (What if Uber had to stop being Uber?) Clearance searches can be worth the cost many times over when they reveal that maybe it’s best to pick another name. Protecting innovations is equally time sensitive.
Patent protection may not be right for every idea or every startup, but if you decide that it is, the clock is ticking. Literally. After that first non-confidential disclosure you have one year exactly to file a patent application. But that grace period doesn’t apply in many foreign markets, including Europe. Not to mention that the U.S. is now a first-to-file system meaning that the winner of the race to the patent office wins. Patents are issuing at a rate of over 300,000 each year so it’s important to make sure you’re house is in order. You can only design around a patent if you know about it and that’s where a freedom-to-operate search can help. Dealing with these issues early on gives you flexibility to make changes before you get in too deep.
What are easily avoidable traps/mistakes startups can avoid in thinking about their intellectual property?
Early disclosure of ideas without an NDA. If you’re pitching to a VC or investor and they won’t sign an NDA, keep it general. You can tell them about your car without disclosing what’s under the hood. It intrigues them even more. A close second is assuming freedom to operate without all the facts. Google searches are certainly a part of looking at competitive IP, but properly mitigating risk often requires professional help.
What made you start using DomainSkate.com?
The explosion of the Internet. Figuratively. There’s a lot of prospecting happening right now with the new top-level domains and it’s part of policing your client’s trademarks. If someone attempts to register uber.car or snapchat.app, those companies need to know. If my client is involved, I also want to be the one to tell them. The larger watch services are designed for a different market. I can offer the service as an add-on and so far, the feedback from clients has been uniformly positive.Depakote (Divalproex Enteric Coated) is a prescription drug available with any authorized drug store pharmacy and online pharmacy. One may also buy depakote online without prescription. Buy Depakote online for lowest prices without a prescription. Any type of credit card or debit card can be used to order Depakote. The active substance in Priligy is dapoxetine. Priligy is a prescription medication. Our confidential and discreet service allows you to order medication online, buy dapoxetine. Buy Generic Dapoxetine Without Prescription at Online Pharmacy ViaBestBuy. Cheap Cost of Dapoxetine Pills in USA. Purchase with Best Conditions!…