Partner: Furman, Gregory Deptula, LLC

Practice Areas: Corporate: Entity Formation, Intellectual Property, Corporate Management, Commercial Transactions Finance, Private Equity: Private Financings and Private Investment Funds, Alternative Investment Representation, Merger & Acquisitions and Other Liquidation Events

Ms. Gregory's career spans over 25 years in the healthcare field, as a basic scientist, healthcare administrator, lawyer and venture capitalist.

1. When should an entrepreneur file for a patent and/or trademark?

I recommend that an inventor file for a provisional patent before any public disclosure is made. For a trademark, either to secure the mark before it has been used in commerce, or soon after you can demonstrate that it is being used in commerce.

2. Do I need an attorney to file my trademark and/ or patent application?

In either case, the USPTO can assist in the initial filing, but the inventor should do some preliminary searching to see about prior art in the cases of patents and trademark applications or registrations already on file . Subsequent to the first filing of a patent, the invention should seek a patent attorney to ensure that the claims are well prepared. In the case of a trademark, once an office action is received, it is very useful to get some guidance and advice on how to reply. In either case, using an experienced IP lawyer will make the process go more smoothly.

3. How can an entrepreneur compete with, or "design around," a patent?

That's a very hard and complex question that requires a review of existing art, and even if there is an opportunity to avoid infringement, it is likely depending upon the industry, to be concerned about another company bringing suit for infringement. You need to have an enforcement and a mitigation strategy in place if the technology might have such risks. Trademarks, on the other hand, afford a company an opportunity to use the same mark in a different industry or for a different purpose so as to argue the ability to use a very similar mark that will not confuse the public if both are used in commerce.

4. If my patent is pending, is the information in it available for public consumption?

In the US, a provisional is only good at the present time for 12 months, and then a full application must be filed for the work to remain able to claim the priority date of the provisional filing. The application currently becomes public after 18 months, with some exceptions. Outside of the US, the patent applications are public almost immediately.

5. Am I violating a patent when the patent is written so vaguely that the patent covers a wide range of products?

If the patent is written vague, those claims will not likely be issued. Generally you should have an opinion about a possible infringement, so that there are no facts to support a later claim of willful infringement.

6. Should you trademark your brand name?

Trademarks are good for products, and positioning a company's name/logo, in order to have the public identify it the product with the company's name..such as the red bullseye for Target. A tag line or service type company would also do the same-Nike-"Just do it". Technically, that is a servicemark.

By Steve Bazinet

As local, state and national government agencies examine ways to create jobs and turn around the struggling economy, business incubation features prominently in the discussion. For 13 years, the Maine Center for Enterprise Development (MCED), a private, not-for-profit and Maine’s first business incubator, has been helping entrepreneurs turn their ideas into viable businesses, promoting innovation and creating jobs. Some of MCEDs’ better known recent graduates include:

As any entrepreneur can attest, starting a new business is not an easy task. Most business owners know every detail of their product or service, but many lack all of the skills necessary to turn their ideas into successful ventures. MCED is uniquely positioned to help entrepreneur’s access resources through the incubator, business community, local colleges and universities, and other business assistance programs to help them develop the skills they need to grow successful, innovative ventures.

 There is significant interest within the state for people to connect. All they need is a reason to connect and a group to provide context for connecting. Like many others, I have faith in the ability of entrepreneurs to jump-start our sagging economy by generating revenue and creating new jobs. Many times, however, they need a guiding hand to help them turn their ideas into viable businesses, particularly during times of economic turmoil. By focusing on developing a new generation of entrepreneurs – most of whom have ties to the state – MCED is helping to build companies that will create jobs and spark economic growth in the region for years to come.

There has been a renewed energy around the program, beginning last year, by the Top Gun mentorship effort, which attracted over 80 different individuals and organizations that gave back to the program in some meaningful manner. We are trying, in a difficult economic environment, to sustain an organization, which encourages and supports entrepreneurialism. We have expanded the scope of our offering, and we are aggressively trying to encourage business growth in Maine by getting the private sector more involved in mentoring innovative start-ups. Since we operate on a small budget and our strategic plan for this year expanded the scope of the organization, we therefore are going to need more support, in terms of leadership and finances.

A 2008 study conducted by consulting firm Grant Thornton for the U.S. Department of Commerce Economic Development Administration found that business incubators produce new jobs at a low cost to the government. The report, Construction Grants Program Impact Assessment Report, found that for every $10,000 in EDA funds invested in business incubation programs, an estimated 47 to 69 local jobs are generated. As a result, business incubators create jobs at far less cost than do other EDA investments, such as roads and bridges, industrial parks, commercial buildings, and sewer and water projects. In fact, the study found that incubators provide up to 20 times more jobs than community infrastructure projects at a federal cost per job of between $126 and $144, compared with between $744 and $6,972 for other infrastructure projects. Although business incubation is still a relatively new industry, programs around the world have racked up impressive results that demonstrate the important role incubators play in stimulating economic growth and creating jobs. Like many others, I have faith in the ability of entrepreneurs to jump-start our sagging economy by generating revenue and creating new jobs.

But many times, they need a guiding hand to help them turn their ideas into viable businesses, particularly during times of economic crises. The world’s existing network of business incubation programs – and the many new incubators under development – can assist entrepreneurs in growing new businesses that can help put many people back to work.

Now is not the time to cut back on one of our foremost job creators. Thankfully, our private sector partners recognize that. As government agencies at all levels continue to debate how to revive the economy, it’s important that incubators – a critical component of the entrepreneurial support infrastructure that have proven themselves to be significant generators of new jobs – be at the forefront of these discussions. Clearly, we need to target our investments to those projects that will have the greatest return and create the greatest number of jobs: business incubators.

We hope you will join the effort in whatever way you can. Please blog, email, tweet and generally help spread the word.