TOP TEN MISTAKES IN INTELLECTUAL
By J. Nevin Shaffer, Jr.
Top Ten lists are fun! Unless you are the one who makes them!
Here are the biggest ones I see in the four primary areas of
intellectual property law.
1. Failure to make a written witnessed and dated record of
2. Failure to keep idea confidential.
3. Failure to know the commercial viability of the invention.
4. Failure to know the rules i.e. no prototype required; one
year limitation after offer for sale or public disclosure; can go
fishing with a raw idea as bait.
5. Picking a mark that is the same as or similar to a previously
6. Picking a mark that is descriptive of the goods or
services being offered.
7. Using the mark as a noun or verb.
8. Not knowing the effect of the difference between a Work for
Hire and an Independent Contractor.
9. Not getting a written transfer of copyrights and a
guaranty of originality from Independent Contractors.
10. Not having a Trade Secret agreement in an employment
About the Author
Nevin is a licensed patent attorney and has been practicing
Intellectual Property law for 25 years. You may contact Nevin at his
Gulf Breeze office in the Harbourtown complex, Suite 43, or by phone
or email at 850-934-4124 and
email@example.com. You can also get information about Nevin and his
practice at his website at
www.nevinshaffer.com. Nevin is a professional speaker as well.
If your organization would like to have him speak about these
topics, please contact him! Note: Nevin speaks in plain English and
not in unintelligible lawyer gibberish!
Copyright 2004 JNSJrPA. The material in this article is provided for
general informational purposes only and should not be considered a
legal opinion nor relied upon in lieu of specific legal advice.
Accordingly, readers who require legal services in connection with
their specific circumstances should consult an attorney competent in
the field of intellectual property.