Self-Serve tier

Strategic IP protection decision for an invention or innovation: trade secret (DTSA 18 USC §1836) vs. patent (35 USC §101 patentable subject matter + §102 novelty + §103 obviousness). Maps invention type, time-to-market, secrecy feasibility, and competitive dynamics to a protecti

Design an enforceable royalty audit + reporting + true-up package — auditor selection, lookback, threshold, cost-shifting, interest, dispute resolution — that surfaces under-reporting without breaking the licensor relationship.

Apply 11 USC §365(n) IP licensee election after licensor bankruptcy rejection, with the Tempnology (2019) clarification that §365 rejection is breach not rescission, and the trademark gap §365(n) leaves open.

Analyze copyright sublicense rights and implied-license claims under the 1976 Copyright Act (17 USC §§101, 201, 204), Effects Associates v. Cohen (9th Cir. 1990), and the exclusive-license writing requirement; surface the implied-license trap in commissioned-work disputes.

Apply the EU Technology Transfer Block Exemption (Commission Reg. 316/2014, TT-BER) and Vertical Block Exemption (Reg. 2022/720) to IP licensing deals; classify hardcore restrictions vs excluded restrictions vs safe-harbor compliant terms.

Run a FRAND (fair, reasonable, non-discriminatory) royalty analysis for standards-essential patents under the Microsoft v. Motorola framework, including modified Georgia-Pacific factors, top-down apportionment, and SSO commitment-as-contract enforcement.

Draft and stress-test a most-favored-licensee (MFN) clause — scope, comparability, retroactivity, audit rights, antitrust limits — so the clause delivers price protection without triggering vertical price-fixing or sham-comparison litigation.

Apply the patent exhaustion / first-sale doctrine under Impression Products v. Lexmark (2017), including international exhaustion, post-sale restrictions, conditional sale doctrine collapse, and re-routing post-sale restraints into breach-of-contract.

Draft and stress-test the patent license grant clause — exclusive vs non-exclusive, territory, field of use, sublicense rights, transferability, and reservation of rights — under 35 USC §261 and General Talking Pictures field-of-use doctrine.

Structure software-license deals as perpetual / term / SaaS with the right ASC 606 (Revenue from Contracts with Customers) revenue-recognition profile, addressing license-vs-service distinction, distinct performance obligations, and Stenograph v. Bossard scope.

Design a source-code escrow with enforceable trigger events (bankruptcy, abandonment, support failure, change of control) and 11 USC §365(n) license-protection election that survives licensor Chapter 11 rejection.

Audit a trademark license for "naked license" forfeiture risk under Lanham Act §§5 and 45 (15 USC §§1055, 1127), Eden Toys v. Florelee (2d Cir. 1982), and Barcamerica v. Tyfield (9th Cir. 2002), with a quality-control program design.

Structure trademark royalty terms (rate, base, deductions, minimums, escalators) with naked-license forfeiture protection per Coca-Cola v. Overland (9th Cir. 1982) and 15 USC §§1055/1127, plus brand-equity carve-outs and audit hooks.