Featured Guest Contributor Article: The 3 Elements to Avoid the Accidental Franchise

Special-franchise-edition

Many inventors will ultimately license their patents to others who will develop a business around those patents.  Likewise, many copyright and trademark owners license their intellectual properties to others in exchange for a royalty.  While these arrangements are common, entrepreneurs and their attorneys should understand that if three specific elements are present, these licenses are franchises under Minnesota and federal law, and the failure to register that franchise in Minnesota (and other states), and make proper disclosures to the licensee, could result in numerous penalties, including felony charges. The … [Read more...]

Featured Guest Contributor Article: Tax Considerations Regarding the Treatment of Patent Expenses

1040 Taxes

The federal income taxation of patents and other intellectual property is an area that requires planning to determine the right tax treatment for your particular situation. In this article I will address legal fees and costs related to obtaining a patent. Attorneys' fees expended in conjunction with making and perfecting a patent application are considered "research or experimental expenditures" under section 174 of the Internal Revenue Code. Under the tax code, taxpayers have two options regarding research expenses: 1) deduct their research expenses in the year incurred, or 2) capitalize the expenditures and … [Read more...]

Protect Your Ideas, Your Brand, Your Business

New Business Minnesota Feb 2010

Don’t Make the Mistake of Not Securing Your Intellectual Property and Patent Rights. Originally published in New Business Minnesota, February 2010. How much of the value of your company is in its intellectual property (IP)? Depending on what business you are in, the answer can range from “some value” to “the most critical asset,” or somewhere in between. Every business should be able to answer this question. If you tend toward the “critical asset” end of the spectrum, then the first IP protection issue for you to address is: Do you even own your IP? Work Made for Hire To resolve this … [Read more...]