Earlier this month, I had the distinct pleasure to present at the Florida Bar Basic Technology CLE about how businesses, and their lawyers, can protect technology using Intellectual Property. This was the first time a Florida Bar Basic CLE was focused on technology. To keep the CLE interactive, the presentations included live tweeting using the #CLEHistory hashtag, interactive polls with the audience, and post presentation video outtakes. The interactive nature of the CLE was perfect for a technology focused CLE.
My portion of the CLE focused on how technology is used protect intellectual property, with the focus on patents. There are several options when determining how to use patent law to protect technology, from design patents to provisional and non-provisional utility patents. There are key timetables and strategic considerations to assess when protecting your technology, both before and after the technology is finalized.
One of the interactive questions, pictured below, I posted to the live audience was whether someone could put “patent pending” on a product as soon as a patent application was filed. The question was posted during my presentation and the audience texted their results to get an immediate response to the question. 36% of the audience correctly chose the right answer of A – Yes. Meaning you can put patent pending on a product as soon as you file a patent application. However, the application must remain active, i.e. not abandoned, to continue marking the product as “patent pending.” Notably, 44% of the audience thought patent pending depended on what type of patent application was filed. This is not accurate as it does not matter if the patent application is design, provisional, or non-provisional.
There are many misconceptions about patent law and it is important to consult with a registered patent attorney to review your technology and plan to maximize your protection. It was an honor to speak at the first Florida Bar Basic Technology CLE and I enjoyed the interactive nature of the CLE. Check the Florida Bar CLE page as the Technology CLE will be available for download in the near future.
For questions about Intellectual Property matters involving Technology, contact Greg Popowitz below.
213 East Sheridan Street, Suite 3
Dania Beach, Florida 33004
Miami • Ft. Lauderdale • Boca Raton