Pearson on Patents and Trademarks
Tips to Increase the Value of Your Intellectual Property
November 2, 2010 - Vol 1, Issue 3
In This Issue
Use Contracts
Patent, Don't Compete
Get on facebook
Blockbuster Video Creditors
TM successes
Join Our Mailing List!
Quick Links
Loren Donald Pearson
I recently watched the movie The Social Network.  In the movie, a socially-challenged but brilliant programmer invents facebook and becomes the world's youngest billionaire.  The film has a great story with lots of drama.  But, after the film, I was not discussing the story; I could only think about the legal strategies for preventing collaborators from stealing the intellectual property.

Below are 3 strategies that everyone with a business idea should learn from The Social Network.

Contact me to discuss these strategies and many more for protecting your next big business idea ... hopefully the next facebook.

1.  Use Employee/Contractor Agreements

ContractContracts such as Confidentiality Agreements, Non-Circumvention Agreements, and Non-Compete Agreements should be used with every employee, contractor, partner, or promoter.

Form contracts can be prepared for repeated use.

Detailed contracts can be prepared for critical situations.

Preparing contracts at the formation of a relationship avoids subsequent misunderstandings and litigation.  If contracts had been used by the parties in The Social Network, then most of the problems might have been resolved without litigation.

2.  Let Patents Secure Your Innovation
Flow ChartMathematical algorithms are not patentable.  (E.g. Even if you were the first one to write "2+2=4", the mathematical truth existed before you wrote it.)

Applying mathematical algorithms and other methodology can be patentable if presented in the proper way.  The U.S. Supreme Court in In re Bilski has ruled that presenting a method that meets the machine or transformation test can be patentable.

Loren Donald Pearson is experienced in presenting business method patents in the form that meet the tests for patentable subject matter.

In The Social Network, the inventors spend a lot of time and effort emphasizing  the need for them to compete by being the first to bring their website to market.  Because patents give an exclusive right to make, use, or sell an invention, a lot of the pressure to release quickly and compete is relieved. 

Remember U.S. patents must be filed within one year of making, using, or selling an invention.  Don't wait to file.

3.  If Your Business is not on Facebook, Your Business is Being Left Behind.
"Like" the Pearson on Patents Facebook page by clicking the above button.  Liking my page will let you know of updates, changes in the law, and allow you to engage in coversations about my Intellectual Property practice.

Every business should be on facebook and other social media sites.  In March, 2010, facebook passed Google to be the most requested website in the United States.  Over 7% of all U.S. Internet traffic is on facebook.

If your business name is being used by a competitor on facebook, your trademark may be being infringed.  If you have a registered trademark, you might have some remedies without needing to go to court.
BLOCKBUSTER Creditor Litigation 
Eric AssoulineMy partner, Eric Assouline, is representing many creditors of BLOCKBUSTER VIDEO, in particular landlords, with regard to BLOCKBUSTER's bankruptcy.

Contact Eric if you are creditor to BLOCKBUSTER or any business that is currently in bankruptcy.

Trademark Successes

(R)HR Matters, U.S. Reg. No. 3,862,578

Human Resource Consultant Betty Roffwarg knew she had a clever name for her business.  Check out her business at  Still she wanted to added certainty that the name was hers.  Registering her trademark entitles HR Matters to a presumption of validity.  Even better, after being registered for five years, HR Matters will be entitled to apply to make its trademark incontestable.

Don't give away your business's most valuable asset.  Protect it's intellectual property.

For Patent Pending Pick Pearson!
Registered Patent Attorney
Board Certified Intellectual Property Attorney
3250 Mary Street
Suite 308
Miami, FL 33133-5232
TEL: (305)567-5576
FAX: (305)567-9343
SKYPE: Loren.Donald.Pearson