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Intake for intellectual property

Client intake for intellectual property.

An intellectual property intake separates protection from dispute, then records the mark, the work or the invention in the person's own words, when it was first used or shown to anyone, and who made it. In a dispute it captures the other party and the letter with its printed date. The intake never says whether something can be protected or whether it infringes.

Why intake in intellectual property is different

The facts that decide an intellectual property matter are dates and authorship, and the person usually has both wrong. When the name was first used in trade, when the invention was first shown outside the company, who actually drew the logo and under what agreement. The intake takes each as the person states it, asks for the evidence by name, and lists the rest as open. Disputes arrive as a letter: a cease-and-desist with a response date, an opposition, a takedown. The other side is often a much larger company with counsel, and the conflict check has to hold the company, its principals and its lawyers, plus the contractors who created the work.

The questions that matter

  • Whether the person wants to protect something, to respond to a claim, to make one, or to deal with a licence or a contract.
  • What the thing is: a name or logo, a written or designed work, software, an invention, a design, or something else, described in the person's words.
  • When it was first used publicly, sold, or shown to anyone outside the business, as the person dates it.
  • Who created it: the person, an employee, a contractor, a co-founder, and what agreement, if any, covers that.
  • Any application or registration already filed, with the number and status, and who filed it.
  • The countries or markets that matter to the person.
  • For a dispute: the other party, what they claim, and the letter or notice with its date and response date as printed.
  • Whether the person has already replied to the other side, and what was said.
  • Any licence, assignment or contract that touches the thing.
  • What the person wants to happen.

What the conflict check must capture

  • The other party, its principals and its parent company.
  • The lawyer or agent who sent any letter or filed any opposition.
  • Every creator: employees, contractors, designers, developers, co-founders.
  • Co-owners, licensees and licensors.
  • Any agent or lawyer who filed an earlier application for the person.
  • A platform or marketplace that has acted on a notice, where relevant.

What urgency means here

A letter with a response date, an opposition or objection window the person believes applies, a product launch or publication date, or a public disclosure that has already happened. The intake records each date as the person gives it and flags the matter to the lawyer. It never tells the person whether a window has closed, whether a disclosure has cost them anything, or what to say to the other side.

What the intake will not do here

  • It never says whether a mark, a work or an invention can be registered or protected.
  • It never says whether anything infringes, or whether a claim against the person has merit.
  • It never says whether a filing window has closed, a letter's response date has passed, or a limitation period applies.
  • It never searches or clears a name, and never advises on adopting or abandoning one.
  • It never contacts the other party, its lawyer or a platform.

The machine takes the statement. The lawyer takes the case.

Questions lawyers ask about intellectual property intake

Can the intake tell the person whether their name is available?

No. Clearing a name is a search and an opinion, and both belong to the lawyer. The intake records the name, the first use, the evidence and any application, so the lawyer starts with the facts.

The person got a cease-and-desist. What does the intake do?

It records who sent it, what it alleges, the date on it and the response date as printed, and whether the person has replied. It flags the matter to the lawyer and says nothing to the person about whether the claim has merit.

Why does the intake ask who created the work?

Because ownership follows creation and agreement, not intention. A logo drawn by a contractor without a written assignment is a fact the lawyer needs on day one.