Technology and Intellectual Property Law
Call us 215-205-0059 or email us fred@wilftek.com

Issues & Matters

Technology Product Life Cycle

Wilftek advises on the lifecycle of technology products and their related legal issues.

life

Raw Idea

Issues: An idea is a good start, but difficult to develop and protect

Area of Law: Trade secret; initial discussion of whether other forms of intellectual property would be helpful

Examples of Documents: Non-disclosure and confidentiality agreements

Company Formation

Issues: Without a company, each individual has unlimited liability and ownership of whatever he or she develops

Area of Law: Corporate law; tax law; securities law; ownership issues in intellectual property law

Examples of Documents: Formation documents (corporation, limited liability company, limited partnership); shareholders agreements and operating agreements; stock option plans and agreements

Development

Issues: Partially-formed technologies and products are attractive to others, but vulnerable to infringement

Area of Law: Business agreements; licensing; intellectual property protection

Examples of Documents: Development and consulting agreements; joint venture agreements; technology licensing; prosecution of intellectual property applications (patent, trademark, copyright, mask work)

Licensing or selling underlying technology or products

Issues: Technology may be licensed or sold at any time, including in as part of the development process or to make money (often a good tactic) or for strategic reasons

Area of Law: Business issues; licensing issues; sale of technology and product components; transfer of technology and intellectual property

Examples of Documents: License agreements; asset purchase agreements; stock purchase agreements (acquisition or strategic investment); technology transfer; assignments

Proof of concept and initial testing; refinement and pre-market testing

Issues: Initial implementations and subsequent refined versions need to be evaluated in a confidential environment

Area of Law: Trade secret issues; development issues

Examples of Documents: Alpha test agreements; beta test agreements

Go to Market

Issues: Bringing the product to market is the ultimate test for the product

Area of Law: Business and commercial issues, including warranties; privacy issues

Examples of Documents: Manufacturing agreements; sales or license agreements, including end-user license agreements (EULAs); online agreements and related forms where applicable, including terms of service, privacy policy; and copyright designation of agent

Market Proliferation

Issues: If the product does well in the market, then the legal issues often scale up with sales

Area of Law: Business and commercial issues

Examples of Documents: Warranty claims; litigation, including claims of intellectual property infringement

Development and distribution of new versions; adaptive re-use

Issues: As the technologies and the products mature, newer versions are needed, and older technologies and products may be recycled into newer technologies and products

Area of Law: Business issues; licensing issues, including warranties; privacy issues; sales or license agreements; online agreements and related forms where applicable

Examples of Documents: Development and consulting agreements; joint venture agreements; technology licensing; prosecution of intellectual property applications (patent, trademark, copyright, mask work)

Investment, merger or acquisition of company or technology

Issues: If the company or the technology has any success, then growing the company by adding investors or merging with another company can be attractive

Area of Law: Securities law; corporate law; business and contract law; intellectual property law

Examples of Documents: Option agreements; warrants; asset purchase agreements; stock purchase agreements; assignments

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