Under the Patent Act, one can patent “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.”[1] Common exceptions to what can be patented include laws of nature, natural phenomena, and
WinTech
Legal Insight for Start-Up and Established Technology Businesses
WinTech, published by Winstead PC, focuses on legal issues relevant to emerging-growth companies, startups, and venture capital transactions. The blog covers intellectual property strategies, due diligence for funding, corporate compliance, and risk management. It also addresses topics related to real estate development, data centers, digital infrastructure, and insurance recovery. Additionally, WinTech discusses regulatory updates such as the Corporate Transparency Act and provides insights into project finance, energy law, and healthcare technology innovation. The content includes webinars and firm news highlighting collaborations and legal support for entrepreneurs and investors in various industries.
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International Protection of Industrial Designs under the Hague System
By Winstead
An industrial design generally constitutes the ornamental or aesthetic aspects of various articles, such as the three dimensional features (e.g., shapes) or two dimensional features (e.g., patterns, lines or colors) of packages, containers, furniture, household goods, lighting equipment, jewelry, electronic…
Standard of Review for Claim Construction on Appeal
By Winstead
On January 20, 2015, the Supreme Court provided guidance on the standard of review for claim construction on appeal in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., No. 12-854. The Court held “[w]hen reviewing a district court’s resolution of subsidiary…
Selling Your Company: The Letter of Intent
One of the first steps in the sale of your company will be entering into a Letter of Intent. In order to avoid drafting lengthy documents and spending time and money on attorneys unnecessarily, you should be certain that the…
NEGOTIATING YOUR “SERIES A” FINANCING
One of your first tasks in financing your technology company is likely to be completing your initial equity financing with outside investors. Typically, these financings are done with a venture capital firm (“VC”), angel investors or “friends and family” and…
Non-Competition Agreements
Take care when entering into non-competition agreements.
This post deals with non-competition agreements in Texas. These rules vary from state to state so if you are not in Texas, you should consult with an attorney in your state.
For many…
Advisory Board Members
Often a young technology company will seek assistance from more experienced individuals, giving them the position of “Advisory Board Member” and giving equity to a person who agrees to serve in that capacity. This designation should not be taken lightly.…
Hiring Consultants
Technology companies receive services from a variety of individuals and often use consultants, either for marketing advice, for software development or for other discreet tasks. It’s important to be sure the consultants are properly classified as such (in which case,…
Structuring an Agreement Among Owners
When forming a new technology company, there are very few documents as important (and unfortunately, as overlooked) as a Shareholders’ Agreement. The discussion in this post is couched as an agreement among shareholders of a corporation but the same principles…
Beware of IP Scams-Invention Development
By Winstead
Information about patent and trademark applications, processes and maintenance requirements is much more accessible to the public than it used to be. In particular, the United States Patent and Trademark Office (USPTO) has very good information available (www.uspto.gov). …