Vincent LoTempio explains that entrepreneurs often struggle with limited knowledge about intellectual property. Many are unsure whether they have a patent, trademark, or copyright, and this uncertainty complicates their ability to protect their ideas. Financial resources also pose challenges, as startups must decide whether to pursue multiple patents or focus on a single overarching trademark. Even large corporations must weigh the costs of intellectual property protection against the potential return on investment.
Vincent describes how companies often hold “IP meetings” with research and development teams, marketing departments, and executives to evaluate whether an idea makes financial sense. The cost of obtaining patents, conducting searches, and enforcing rights must be balanced against market demand. Additionally, changing market conditions can make patents obsolete by the time they are granted, as seen with the surge of mask-related patents during COVID-19. Enforcement also presents obstacles, as pursuing infringement cases can cost tens of thousands of dollars. Most disputes are resolved through cease-and-desist letters and negotiated settlements. According to Vincent, the biggest challenges are limited knowledge, the complexity of the process, shifting markets, and the high cost of enforcement.
What Should Entrepreneurs Look for When Choosing an IP Attorney?
Vincent emphasizes that entrepreneurs should first ensure their attorney is competent and, when necessary, specialized in the relevant technical field. While Vincent has experience across mechanical, software, and chemical patents, highly complex inventions may require an attorney with narrow technical expertise.
with narrow technical expertise.
He also highlights the importance of experience. With more than 25 years in practice, Vincent notes that seasoned attorneys bring perspective that newer associates may lack, particularly in large firms where inexperienced lawyers may handle cases after initial consultations. To remain competitive, Vincent offers flat-fee billing, giving clients predictable costs for government fees, drawings, and attorney services. Entrepreneurs should consider both competence and cost structure when selecting an attorney.
How Does an IP Attorney Support Entrepreneurs in the Early Stages of Business Development?
Vincent explains that the first step is identifying what entrepreneurs actually have—whether it is a patentable invention, a trademark, or a copyright. He conducts searches to determine whether an invention is new or whether a trademark is confusingly similar to existing marks. For example, while “Domino’s Pizza” and “Domino Sugar” coexist without confusion, problems arise if Domino’s Pizza were to enter the sugar aisle with a similar product.
He warns against filing intellectual property applications without professional guidance, as mistakes can result in the loss of rights. Trademark or patent applications filed incorrectly often cannot be fixed and must be restarted. In some cases, rights may be lost altogether. Vincent also assists with intellectual property audits, reviewing a company’s portfolio to determine what should be protected. He stresses the importance of educating both entrepreneurs and employees, since many inventions go unrecognized by their creators. By using disclosure forms and regular reviews, businesses can ensure valuable ideas are not lost.
How Should Entrepreneurs Communicate Effectively with Their IP Attorney?
According to Vincent, effective communication requires being specific, providing context, and asking questions. Inventors often assume others understand their ideas, but attorneys need details explained clearly, as if to a 10-year-old. Entrepreneurs must be transparent, disclosing all information relevant to patentability, and avoid holding back key details.
Communication should be a collaborative process. While inventors may be eager to share and learn, business executives are often too busy to provide details, which hinders the attorney’s ability to protect their rights. Vincent stresses that attorneys cannot properly assist clients without clear, complete communication.
How Can an IP Attorney Help Mitigate the Risks of Infringement?
Vincent explains that searches are essential to managing infringement risks. Freedom-to-operate searches help businesses ensure they are not violating existing patents, while patentability searches confirm whether an invention qualifies for patent protection. Infringement analyses determine whether producing a product in a certain way would violate another patent.
By understanding the context of how and where an invention will be used, attorneys can advise on strategies to avoid infringement. Vincent encourages clients to ask questions and seek multiple opinions, comparing the process to getting bids from contractors when building a house. He emphasizes that education and open communication help clients make informed decisions.
How Can Attorneys Assist Entrepreneurs in Developing an IP Strategy?
Vincent describes the importance of strategic planning in intellectual property protection. Larger corporations often file broad “parent” patents and then narrow them down with “child” patents to cover variations. Startups and small businesses benefit from guidance in structuring these strategies to ensure they do not overlook critical protections.
He cautions against attempting to write patents independently, as inexperienced applicants often submit confusing and incomplete applications. Even seasoned engineers may produce filings that fail to meet legal standards. Drawing on mentorship from his early career, Vincent stresses that writing patents is a skill developed through years of practice. Attempting it without professional guidance is like performing surgery on oneself—it may be possible, but it is not advisable.
Why Is Ongoing Legal Support Important as a Business Grows?
Vincent explains that intellectual property protection is not a one-time task but an ongoing relationship. Patents require maintenance fees and monitoring, while trademarks must be actively enforced. He compares trademarks to both a sword and a shield—used offensively to stop others from infringing and defensively to protect against challenges.
As businesses evolve, patents may require reissues or new filings to account for improvements. Licensing agreements also demand careful drafting, since oral contracts are unenforceable. Vincent highlights that ongoing legal support ensures businesses adapt to market changes, protect their assets, and avoid costly disputes. He concludes that maintaining a long-term relationship with an IP attorney provides businesses with strategic guidance and peace of mind.
