Entrepreneurs typically start businesses because they believe the product or service they are offering is either unique in the marketplace or they can do it better than existing providers. In this process, entrepreneurs often recognize the need to establish a formal business entity, but don’t always appreciate that their initial choice can have a wide-ranging effect on how the company operates and grows.
Continue readingRaising Capital—Private Offerings, Reg D Exemptions, and Use of a “Form D”
Raising capital for a new or growing company can be a challenging process, not only because it involves convincing people and investors that the company is worth investing money into and its growth potential, but also because it can involve a myriad of complicated legal issues.
Continue readingShould I Apply for a Design Patent or a Utility Patent?
While design patents protect the ornamental or non-utilitarian features of an invention, utility patents protect the way a product functions or is made. Put another way, a design patent protects the appearance of a particular product but not the underlying utility.
Continue readingProtecting Inventions Under The New First-To-File Patent System
On March 16, 2013, the United States switched to a first-to-file patent system. This represented a significant departure from the hallmark of the U.S. patent system of awarding patents to the first inventor. Now, the U.S. Patent Office rewards diligence by awarding a patent to the first inventor to make it to the Patent Office. While many viewed this as harmful to independent inventors and small businesses without the financial resources to race to the Patent Office, more than 18 months of experience with the new system is showing that the harm can be managed with reasonable expense with strategic use of provisional patent applications.
Continue readingWhat’s in a Business Name—Trouble or Fame?
A business name is a very valuable assets of a business. Proper care in it’s creation, use, and protection can produce fame rather than trouble.
Continue readingInternet – Is Copyright Infringement Just A Right-Click Away?
By: Brett Papendick
Most of us have used the right button of a mouse to copy an image and then use it elsewhere. Such a use could be the foundation of a copyright infringement claim.
Original works of authorship can be protected by copyright law, and such works include images on a website. The owner of a work does not need a copyright registration and does not need to use the “©” designation to acquire copyright rights as these rights automatically attach when the work is completed.
Continue readingRaising Capital: A Primer for Start-Up Companies
Iowa’s Creative Corridor has established a start-up community that is strong, vibrant, and continuing to grow. As these start-ups develop and expand, especially high-growth start-ups that are looking to scale, the founders and owners will often pursue equity financing through private offerings. Below is a general primer start-up founders and owners should be aware of as they raise capital.
Continue readingOpportunity or Exploitation?
Lawsuit-Proofing Your Unpaid Internship Program
By: Scott Wadding
On an early Tuesday morning, Bob, an executive at Silicon Prairie TechCo, makes a visit to Jane, the HR Director, to discuss an idea he had this morning.
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