Top 3 Mistakes Entrepreneurs Make

They don’t get a confidentiality agreement.
What is a Confidentiality Agreement?  Also called a secrecy agreement or a non-disclosure agreement (NDA), it’s a legal agreement between two people and/or businesses to keep certain information confidential.  It’s a commitment to guard your information. It’s used in the Intellectual Property world to protect patent rights. Once you disclose your idea to anyone else without an NDA, the clock starts ticking in the U.S. and you have one year to file a patent application on your idea.  In other countries, however, you may have lost your rights to a patent completely.   You can download an NDA from a site online, but you may need an attorney’s help if you have special considerations.
They don’t do a patent or trademark search.
What is a patent or trademark search?  In order to be granted a patent or trademark by the government, your patent idea or trademark name must be new.  If someone else has a patent on your idea or a trademark on your desired name, you can’t get one too.  During a search, a professional reviews the patents and trademarks on file at the USPTO (US Patent and Trademark Office) to determine if any of them overlap with your idea or name.  An experienced professional can often help you determine a way forward if the search yields negative results.
They don’t consult with an Intellectual Property Lawyer.
Why consult with an Intellectual Property Lawyer?  The USPTO governs Intellectual Property and the attorneys there review the patent and trademark applications to decide which ones should be allowed to mature into issued patents and trademarks.  There are very specific rules to be followed when drafting and filing patent applications, filing trademark applications, and in dealing with the USPTO.  An experienced attorney will have the knowledge to give your project the best chance of success.  In addition, there are a number of Intellectual Property protections that inventors and entrepreneurs can pursue, and an IP attorney can help you decide which ones are right for your business.

Gearhart Law has attorneys with years of experience and we’d be happy to help you with your project! Call us today at 908-273-0700 or fill out our contact form. We treat your project like our own and we’re with you all the way from the get-go!

About the Author

Richard Gearhart, Esq. is the founder of Gearhart Law and the host of a weekly radio show for entrepreneurs called “Passage to Profit”. He has built a firm with an international presence that helps entrepreneurs from around the world with their patent, trademark and copyright needs. Richard commands a breadth of experience that comes from nearly 30 years of practice in the writing and prosecution of hundreds of patents, and in all aspects of Intellectual Property law. In 2022, Richard was recognized by ROI New Jersey as a 2022 ROI Influencer in the Law List category for being one of the best of the best in New Jersey for intellectual property law. Gearhart Law emerged from Richard’s passion for entrepreneurship and startups and his belief that entrepreneurship grows the economy and creates jobs. When we started Gearhart Law, our goal was to help and support the new business ventures of 500 entrepreneurs and inventors. After 12 years, the firm has far surpassed this goal; today, we look forward to helping even more inventors and entrepreneurs get off to a great start and reach their own goals.