Intellectual Property Lawyers for Delaware
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Lorraine C.
Coats Business Consulting provides a la carte commercial and legal advisory services for private clients, specializing in Start-Ups and small to medium-sized businesses. Services offered include: Start-Up Consulting (Strategic Planning, Investor Pitch Decks, Commercial Filings, Business Organization) Corporate Document Production (Operating Agreements, Shareholder Agreements, Human Resources, including Employment and Independent Contractor Agreements) Contract Interpretation (Drafting, Review, and Negotiation) Corporate Compliance (Federal and State Regulations) Management Consulting (Goal Setting, Revenue Generation, Operations and Process Consulting, Personnel Hiring, and Evaluation) Commercial Real Estate Transactions (Purchase and Sales Agreements, Leases)
"Lorraine was AMAZING! I was intimidated having to update my business agreement document, but Lorraine made the entire process super easy and was extremely knowledgable in everything I needed help with. Definitely recommend hiring her!"
Lori B.
With over 30 years of legal experience, I can assist your legal needs -promptly and professionally. I am a business, contract and real estate lawyer with extensive experience in company formation, sale of businesses, business purchase and sale transactions, commercial and residential leases, employment and the sale of real property. I also have 30 years of experience in family law matters.
"Lori reviewed our Terms of Use, Privacy Policy and investment disclaimer thoroughly and ahead of schedule. She delivered clear redlines and a summary memo, and answered our follow-up questions with practical, well-reasoned advice. Highly recommended."
Bruce H.
Experienced patent attorney supporting a variety of technologies.
"Smooth and straightforward provisional filing, even as a foreign-based inventor. Clear communication and prompt filing. Highly recommended."
Sam Y.
I am a Connecticut-licensed business attorney with over a decade of combined legal and business-operations experience, including roles as in-house counsel, Director of Operations & Compliance, and Director of Growth. I provide practical, business-focused legal solutions to entrepreneurs, small and mid-sized businesses, and investors who need a trusted advisor that understands both the legal and operational realities of running a company.
"Had great SaaS product legal knowledge and got me everything I needed."
Jeff G.
Jeff has 25 years of commercial transactional experience within numerous industries, including finance/banking, telecommunications/utilities, insurance, and software. He is a recognized authority on contracts, software licensing and negotiation. Jeff earned his Juris Doctorate from Valparaiso University School of Law and his Masters in Business Administration from North Carolina State University and is licensed to practice law in North Carolina and Indiana.
"Jeff was great to work with throughout the process of preparing my prenuptial agreement. He was responsive, thorough, and always took the time to answer my questions and address any concerns. I especially appreciated his thoughtful suggestions, attention to detail, and clear communication. I would definitely recommend him!"
Dan P.
I am Dan C. Pelletier, founder of Ocean Avenue Land & Legacy, a New Jersey law practice based in Asbury Park. Admitted in 1997, I bring nearly three decades of experience spanning real estate law, asset management, business transactions, commercial litigation, and estate planning. My background combines private legal practice with the business responsibilities of managing real estate investments—a perspective that informs how I evaluate risk, negotiate agreements, protect ownership interests, and plan for what comes next. I founded Ocean Avenue to bring that experience together. Property decisions rarely stand alone. They affect businesses, families, financial security, and the transfer of wealth and responsibility between generations. Ocean Avenue’s two foundations—Land and Legacy—reflect those connections: strategic counsel for real estate professionals and property owners, paired with planning that helps people preserve what they have built. My career has included building a residential real estate practice, advising businesses and individuals through consequential transactions and disputes, and serving in real estate asset management with Delaware Community Investment Corporation (DCIC). That work included exposure to Low-Income Housing Tax Credit and New Markets Tax Credit investments, bringing an institutional investment perspective to a career grounded in individual client representation. Earlier in private practice, I received the Star Award at Pre-Paid Legal Services, Inc. in 2000. --Real Estate and Asset Management-- Real estate has been the central thread of my professional life. My experience includes residential and commercial transactions, commercial leasing, investment properties, multifamily acquisitions, purchase and sale agreements, attorney review, inspection negotiations, property transfers, and closing coordination. I have also worked on short sales and acquisitions involving Section 1031 exchanges, coordinating the legal transaction with qualified intermediaries and other professionals. My asset-management background adds a practical dimension to that work. A property is simultaneously a legal interest, an operating asset, a financial commitment, and often someone’s most significant investment. I consider how a transaction’s documents and ownership structure will function after signing—when financing obligations, tenants, maintenance, business operations, and changing circumstances become the everyday reality. Through Ocean Avenue, I also advise real estate professionals on transaction risk and business decisions, helping them recognize legal issues early and obtain informed guidance while a matter can still be managed constructively. --Business Transactions and Commercial Counsel-- My business experience includes entity formation, LLC ownership arrangements, membership agreements, commercial contracts, confidentiality agreements, and the negotiation of business relationships. My work also includes small-business merger and acquisition matters and proposed business combinations, where ownership, contractual obligations, premises, and the relationships behind the business all require attention. I approach these matters with an understanding that an agreement must do more than capture terms. It must establish workable expectations, allocate responsibility, and address what happens when circumstances change. Particularly for closely held businesses, the quality of those arrangements can influence both the value of the enterprise and the relationships on which it depends. --Litigation and Dispute Resolution-- My background includes civil and commercial litigation, landlord-tenant matters, contract disputes, and insurance-claim advocacy. Experience with contested matters informs my transactional judgment: ambiguity, incomplete documentation, and unresolved expectations can become expensive long after an agreement is signed. That perspective shapes how I negotiate and draft. I look for the issues that could later become points of conflict and help clients assess their options with a clear understanding of both practical consequences and legal exposure. --Estate Planning and Legacy-- My estate-planning work includes wills, powers of attorney, advance directives, and planning for the succession and transfer of real property. I help clients consider how ownership arrangements and legal documents fit their family circumstances, intentions, and longer-term goals. Legacy planning brings together many of the questions that arise throughout a lifetime of property ownership and business activity: who will have authority, who will assume responsibility, what should be preserved, and how a transition should occur. My experience across real estate, business, and asset management helps me approach those questions as connected parts of a client’s life. --Education and Professional Foundation-- I earned my law degree at Widener University School of Law, now Delaware Law School. My legal education included international study in Geneva involving GATT and the United Nations and participation in the Delaware Civil Law Clinic. Those experiences introduced me to legal work across very different settings—from international institutions to direct representation and high-stakes advocacy. Before law school, I attended Drexel University and played varsity soccer, including on its 1989 East Coast Conference championship team. Today, Ocean Avenue Land & Legacy reflects the experience and judgment I have developed across those settings. I am building a technology-driven practice around direct attorney access, careful preparation, and clear advice. At its center is a straightforward commitment: to earn the trust clients place in me by understanding what matters to them and helping them make sound decisions about their property, businesses, and future.
"Very knowledgeable and helpful. We would work with him again ."
October 8, 2024
Benjamin D.
Benjamin I. Dach, Ph.D., Esq. is an accomplished patent attorney with extensive experience across multiple fields, including intellectual property (IP) litigation, counseling, and prosecution, spanning copyrights, trademarks, and patents. Prior to Weiss & Arons LLP, Benjamin worked at several prestigious law firms, including Quinn Emanuel LLP, WilmerHale LLP, Loeb & Loeb LLP, and Haug Partners LLP. During his decade-plus of legal work experience, Benjamin has litigated several pharmaceutical patent cases involving drugs such as Lialda, Vyvanse, Intuniv, Oxtellar XR, Pomalyst, Revlimid, and Cabometyx. Benjamin has also drafted and prosecuted dozens of patent applications, and counseled clients on IP relating to biological drugs, messenger ribonucleic acid (mRNA) vaccines, and clustered randomly interspaced palindromic repeats (CRISPR). Benjamin earned his Ph.D. in chemistry from Columbia University, where his research focused on solid-phase polymer synthesis on silicon wafers and silica nanoparticles, with applications in drug delivery, solar energy, and semiconductors. His thesis, titled "Designer Polymer Superstructures from Solid Phase 'Click' Chemistry," highlights his expertise in the field. In addition to his scientific background, Benjamin also holds a J.D. from Fordham Law School, with a concentration in intellectual property and information law. Benjamin leverages his technical and legal backgrounds to maximize the value of his clients' IP portfolios. His strong commitment to science and law has made him a highly sought-after attorney in the areas of copyright, trademark, and patent law. Rated by Super Lawyers, Benjamin was selected to Rising Stars in Law. He is admitted to practice law in Florida, New York, New Jersey, and before the United States Patent and Trademark Office.
October 26, 2024
Nathan K.
Corporate attorney with extensive experience managing the legal affairs for start-up, small, mid-size, and private equity backed companies. Highly skilled at drafting, negotiating, interpreting and closing contracts and transactions of all types. Have earned a reputation as being practical, down-to-earth, and possessing a keen ability to synthesize complicated legal issues and communicate to clients in a relatable and easily understandable fashion. My background includes working for the Chief Judge of the Virginia Court of Appeals, at private law firms, and, since 2019, serving as the General Counsel for multiple start-up, closely-held, and private equity backed companies within the energy, construction, and franchising industries.
October 29, 2024
Jerry C.
I have been practicing law for over twenty years. My practice includes employment/labor law, alternative dispute resolution, estate planning, business and general civil matters.
October 31, 2024
Patrick W.
Patrick is a seasoned attorney with over 11 years of experience in corporate law, commercial contracts, and regulatory compliance, with a specialization in emerging technologies such as AI and Web 3.0. Patrick works with commercial contract negotiations for technology startups, managing multi-million-dollar agreements, and offering comprehensive corporate governance services, including stock plan administration, cap table management, and day to day advising. One of Patrick’s career highlights includes his tenure at SharesPost Inc., a pioneering fintech startup, where he served as Senior Legal Counsel and later Interim General Counsel. In this role, Patrick led product legal risk management, negotiated SaaS and data processing agreements, and ensured compliance with SEC, FINRA, and DBO regulations. He played a pivotal role in the company's growth working closely with operations and sales, until such time teh company was acquired. In addition to his work at SharesPost, Patrick’s experience includes serving as Policy Counsel at Bird Global and General Counsel and Chief Compliance Officer for Planned Parenthood Northern California, where he oversaw a $60M revenue organization, directed legal strategy for EHR migration, and ensured compliance with state and federal privacy laws.
John B.
J. D. Bridges has worked both in-house and in firms and has seen countless commercial agreements and technology deals from every angle. J. D.’s worked as in-house counsel for high-growth, VC-backed startups, IT solutions providers and cybersecurity companies and also at an AmLaw Top 50 global firm, representing clients in a variety of industries and purchasers and creators of technology across the globe. He’s negotiated commercial contracts with some of the world’s largest financial services and pharmaceutical companies, as well as assisting startups from incorporation to exit. He’s also helped Fortune 100 companies protect themselves and their data when procuring technology from startups and legacy technology providers alike. J. D. brings a practical and growth-focused mindset to legal advice and excels in working with front-line sales organizations and sales leadership as well as internal counsel, business owners and procurement professionals. Whether a pre-seed AI startup, established manufacturer or a global IT procurement effort, J. D. can support you while concurrently growing and protecting your business.
November 13, 2024
Alyssa C.
Illinois-licensed attorney with 9 years of experience in public interest work utilizing advanced skills in contract & project management, compliance, investigation, risk management, & training. Proven record developing and managing partnerships to deliver exceptional results in government agencies, non-profits, law firms, and broad community networks leading to multi-million dollar recoveries, risk management, and execution of large-scale program initiatives. Skills include: 1. Project & Contract Management: 9 years in project & contract management tracking project and contract goals, stages, budgets, and deliverables to lead and support program and department initiatives. 2. Compliance, Investigation, & Risk Management: 9 years in law, policy, & programs conducting investigation, research, writing, analysis, and education in administrative agency and court matters relating to: compliance, financial regulation, contracts, employment, workforce development, healthcare, retirement assets, mental health, disability, taxes, immigration, civil rights, grants, benefits, social services, & criminal defense. 3. Training/Teaching: 4 years training co-workers & community partners; 3 years teaching in U.S. & Ecuador (7 total). 4. Technology: Microsoft Office (including Excel), Contract Express, DocuSign, SharePoint, Westlaw, Lexis Nexis, Concordance, GoldFynch, Clio, Smokeball, Qualtrics, Google Forms, Slack, Zoom, Teams, Webex, & Adobe. 5. Spanish: Advanced Spanish skills from 1 year of teaching, studying, & travel in Ecuador, Peru, & Mexico.
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Browse Lawyers NowIntellectual Property Legal Questions and Answers
Intellectual Property
Patent Assignment Agreement
Kansas
What are the key provisions to include in a Patent Assignment Agreement?
I recently invented a new technology and I want to ensure that I have full ownership of the patent rights. I am in the process of assigning the patent to my company, but I am unsure about the necessary provisions that should be included in the Patent Assignment Agreement. I want to make sure that the agreement adequately transfers all rights and obligations, protects against potential disputes, and ensures that my company has exclusive rights to the patent.
Randy M.
A Patent Assignment Agreement transfers ownership of an invention or patent rights from the inventor, known as the assignor, to another party, often a company serving as the assignee. To protect your business and ensure enforceability, the agreement should cover specific provisions that make the transfer clear, complete, and legally sound. What Is the Core Assignment Clause? The assignment clause is the heart of the agreement. It should use present-tense language such as “hereby assigns, transfers, and conveys all right, title, and interest.” Courts and the USPTO treat this as an immediate transfer, while “will assign” is only a future promise. The clause should also cover continuation, divisional, or continuation-in-part applications, along with reissues, reexaminations, and foreign filings. What Rights Should Be Transferred? The assignee should receive the full bundle of rights granted under 35 U.S.C. § 154, including the right to make, use, sell, offer for sale, import, and license the invention. The agreement should also transfer the right to sue for past, present, and future infringement, so the company can recover damages even for activity that occurred before the assignment was signed. Do You Need Consideration? Every contract requires consideration, and patent assignments are no different. Even if the transfer is to your own company, the agreement should recite consideration. This can be nominal, such as “ten dollars and other good and valuable consideration,” or it can be tied to equity or to your role as founder. How Should the Patent Be Identified? The intellectual property should be identified with precision. If a patent has issued, include the number and issue date. For pending applications, list the application number, filing date, and invention title. If no application has been filed yet, provide a detailed description and later update the record once official filing details exist. What Warranties and Representations Are Common? The assignor should warrant ownership of the rights, authority to assign, and absence of liens or conflicting assignments. Over-warranting should be avoided. Do not guarantee novelty or validity, since those are determined by the USPTO and courts. Be cautious about warranting sole inventorship unless you are certain no other inventors contributed, since misstatements on inventorship can create validity problems. What Other Provisions Should Be Included? Other common provisions include further assurances requiring the inventor to assist with future filings, litigation, or USPTO actions, a limited power of attorney for patent prosecution and enforcement, and improvements clauses that attempt to capture future modifications or developments. Improvements provisions must be drafted carefully, as vague scope language can lead to disputes. The agreement should also address corporate authority, ensuring the company has approval under bylaws or state law before accepting the assignment. What Administrative Details Matter? The agreement should contain standard contract terms such as governing law, entire agreement, amendment requirements, successors and assigns, and dispute resolution through arbitration or mediation. Both the inventor and the company should sign, and notarization is advisable because it makes USPTO recordation smoother. Do You Need to Record with the USPTO? After execution, the assignment should be recorded with the USPTO through the Electronic Patent Assignment System. Recordation should occur promptly after execution to establish clear priority and maintain a clean chain of title. While recordation is not required for validity between the parties, it protects ownership against third-party claims. The USPTO currently charges little or no fee for electronic filings, so this step is inexpensive and essential. Should You Assign or License? An assignment transfers complete ownership, which investors generally expect. A license keeps ownership with the inventor while granting defined rights to the company. Licensing may be useful when the inventor wants to retain control, license the technology to multiple companies, or test the market before giving up ownership. For most startups, assignment is the preferred approach. What About Tax Considerations? Assignments can have tax consequences, especially when IP is transferred for equity or other forms of consideration. Professional tax advice is essential to evaluate both immediate tax effects and ongoing obligations. This is particularly important if the company later earns royalties or sells the patent. What Are the Next Steps? The implementation process should include drafting the agreement with qualified legal counsel, executing it with proper corporate authority and notarization where possible, recording it promptly with the USPTO using EPAS, and consulting a tax professional to address both the transfer itself and any ongoing obligations. If you need help drafting or reviewing a Patent Assignment Agreement, the attorneys on Contracts Counsel can guide you through the process so that your company’s rights are fully protected.
Intellectual Property
Work For Hire Agreement
Texas
Can an employer claim ownership of intellectual property created by an employee under a Work For Hire Agreement?
I recently started a new job where I am expected to create original content as part of my role. I was asked to sign a Work For Hire Agreement that states any intellectual property I create during my employment will be owned by the company. However, I have concerns about this arrangement as I have invested significant time and resources into developing my creative skills and worry that my work may be undervalued or exploited without proper compensation or recognition. I would like to understand if the employer can legitimately claim ownership of my intellectual property under the Work For Hire Agreement, and if there are any steps I can take to protect my rights while still meeting my employment obligations.
Sara S.
Hi, Yes, intellectual property created by you as an employee, within the scope of your employment, under a work-for-hire agreement, probably belongs to your employer. To learn more about your rights under the agreement and any exceptions, you should consult with a qualified attorney.
Intellectual Property
Trademark Cease And Desist
California
Can I ignore a cease and desist letter for trademark infringement if I believe my use of the mark is fair use?
I recently received a cease and desist letter from a company claiming that my use of their trademark in my blog posts constitutes trademark infringement. However, I am using the mark in a descriptive manner to criticize and comment on their products, which I believe falls under fair use. I am unsure of how to proceed and whether I can ignore the cease and desist letter without facing legal consequences.
Dolan W.
Hello! Thank you for posting this question. In your case, the other party may claim that you are infringing on their trademark, but proving it is a different case. The Lanham Act provides for a cause of action for infringement of both registered and unregistered trademarks. (15 USC Section 1114(1)(a); 15 USC Section 1125(a)(1)A).) The 9th Circuit Court of Appeals has laid out some elements to help determine whether it creates an infringement lawsuit. 1. The complaining party has to prove they have a valid, protectable trademark and that they own that trademark; 2. The complaining party must prove that a mark is similar, and it was used without the consent of the moving party in a manner that is likely to cause confusion among ordinary consumers as to the source, sponsorship, affiliation, or approval of the goods. The likelihood of confusion can occur at the time of the sale, when there is initial interest by a consumer, or even after the sale, if the confusion causes a consumer to no longer buy a service or product connected to the mark. The court considers things like the strength of the original mark, whether you are using it for some fair use purpose, the similarity, the proximity of the products and marketing channels, whether there’s actual confusion, the defendant’s intent, the quality of respective products, and the sophistication of the customers. (Polaroid Corp. v. Polard Elecs. Corp. 287, F.2d. 492, 495 (2d Cir. 1961.) So what this means is that it'd have to be litigated, but you can argue you are not trying to sell products or services using their mark, but rather you are using it for some other purpose, such as to educate people about their business practices. Best of luck!
Intellectual Property
Work For Hire Agreement
Arizona
Is a Work For Hire Agreement necessary for freelance graphic design work?
As a freelance graphic designer, I have been approached by a client to create a series of designs for their marketing campaign. While discussing the project details, the client mentioned the possibility of a Work For Hire Agreement. I am unsure if such an agreement is necessary in this situation and whether it would affect my ownership rights or future use of the designs. I would like to understand the implications and whether it is in my best interest to enter into such an agreement.
Randy M.
Whether you need a Work For Hire Agreement really depends on the project and what both sides are trying to get out of it. You’re not automatically required to sign one, but saying yes or no to that clause can completely change who owns the work and what rights you’ll have moving forward. Just because a client calls something “work for hire” in a contract doesn’t mean it actually qualifies under the law, especially when it comes to freelance design work. Here’s the thing. Under U.S. copyright law, “work made for hire” is a specific exception to the general rule that the creator owns the work. For a freelance project to qualify, two conditions have to be met. First, both parties need to sign a written agreement that says the work is considered “made for hire.” Second, the type of work has to fall into one of nine defined categories under 17 U.S.C. § 101. These include things like contributions to collective works, audiovisual pieces, instructional texts, or compilations. The list is pretty narrow. Standard marketing materials, logos, brochures, or campaign graphics usually don’t make the cut. Courts take a strict approach here, so just checking a box in a contract doesn’t magically make it enforceable. If your project doesn’t meet both requirements, labeling it “work for hire” doesn’t hold legal weight. In that case, the default is that you, the designer, own the copyright unless there’s a separate written agreement transferring it to the client. That leads us to ownership. If there’s no valid Work For Hire clause and no assignment of rights, you retain full copyright. That gives you control over how the work is used beyond whatever license you’ve granted. So if you created a logo and the contract only licenses it for digital use, the client can’t later slap it on T-shirts or license it to a partner without getting your permission first. But if there is a valid Work For Hire clause or an explicit copyright assignment, then the client becomes the legal owner. That means they can use it, change it, resell it, or do whatever they want with it, without needing to pay you again or ask for further approval. You’d have no say over how the work is used, and unless the agreement gives you permission, you wouldn’t even be able to include it in your portfolio. If you want more flexibility, there are alternatives. You can structure the deal with a copyright assignment that still reserves certain rights for you. For example, you could keep the right to show the work in your portfolio or limit resale to direct competitors. Or you could stick with licensing. An exclusive license gives the client broad rights but you still own the work. A non-exclusive license is more limited and usually makes sense for templates or assets used with multiple clients. Portfolio rights, by the way, are often negotiable. Even in exclusive arrangements, you can add a clause that lets you show the work on your website, social profiles, or print materials. Just make sure it’s clearly spelled out. Some corporate clients won’t allow it at all unless it’s written into the agreement. From a practical standpoint, your decision should take into account how much you’re getting paid, how the work will be used, and whether you want to reuse or showcase it later. If you’re giving up all rights, price accordingly. Clients pushing for Work For Hire terms often just want clean, uncomplicated ownership, especially for branding or long-term use. But that doesn’t mean you can’t negotiate. You might agree to transfer ownership only after full payment is received. You might keep the right to use rejected drafts. You might even allow Work For Hire treatment for the final deliverables but retain some creative rights behind the scenes. Also, keep an eye out for boilerplate clauses. Some clients include Work For Hire language by default, not realizing their project doesn’t meet the legal standard. Just because it’s in the contract doesn’t make it enforceable. If the work doesn’t meet the criteria, the clause won’t hold unless there’s a separate valid assignment of rights. When in doubt, it’s smart to run the agreement by an attorney who understands copyright law and freelance creative work. Contracts Counsel connects you with attorneys who handle exactly this kind of issue.
Intellectual Property
Employment Handbook
Florida
Employment handbook intellectual property policy?
I recently started a new job and was provided with an employee handbook that outlines company policies and procedures. I am concerned about the intellectual property policy outlined in the handbook, as it is not clear to me whether I have any ownership rights over the work I am creating for the company. I would like to understand my rights with respect to the intellectual property I am creating for the company, and what I can do to ensure that I am protected.
Daniel D.
Without seeing the handbook it would be difficult to answer your question. Generally, what an employee creates for the Company is Company property, unless you have an agreement with them that states otherwise. It would also be helpful to know if you are an employee or independent contractor. Sometimes Company's give employee handbooks to independent contractors but the classification of whether you are an employee or independent contractor is important to this analysis.
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