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Fogarty IP
469-985-3505
  • Home
  • About
    • Michael Fogarty
    • Luiz von Paumgartten
    • Thomas W. Kelton
    • Herbert L. Lacey
    • Gerard Moy
    • Eric B. Min
  • Intellectual Property Law
    • Patents
    • Copyrights
    • Trademarks
    • Trade Secrets
    • IP Outside Counsel
  • Blog
  • Contact
Your IP Is Your Competitive Edge.
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Intellectual Property

How early sales can impact patent protection

On Behalf of Fogarty IP | Aug 10, 2026 | Intellectual Property

You have finally perfected your product, and a buyer is ready to sign. While this is an exciting milestone for many Texas inventors, it could also come with legal hurdles. Under U.S. patent law, you may lose your right to a patent if you sell your invention or even...

Patent vs. trade secret: What is right for your small business?

On Behalf of Fogarty LLP | Jul 10, 2026 | Intellectual Property

Many Texas small businesses thrive on innovation, from unique manufacturing processes to proprietary software. However, many CEOs wonder how to best protect their products and ideas. Two of the most common paths for safeguarding intellectual property are filing for a...

Should you patent your invention or keep it secret?

On Behalf of Fogarty LLP | Jun 14, 2026 | Intellectual Property

For Texas companies, the choice between a patent and a trade secret can affect product launches, licensing deals, investor talks and market position. The better path depends on what you built, how the business uses it and whether others could figure it out on their...

What should you know about patent infringement?

On Behalf of Fogarty IP | May 14, 2026 | Intellectual Property

Patent infringement can be a complex issue that affects inventors, businesses and consumers alike. If you've created something innovative or you're concerned about protecting your intellectual property, understanding the basics of patent infringement is essential....

Best practices when transitioning to new outside patent counsel

On Behalf of Fogarty IP | Apr 20, 2026 | Intellectual Property

Switching patent firms mid-prosecution puts your entire Intellectual Property (IP) portfolio at risk. Active cases can face delays. Critical deadlines can slip through the cracks. Years of prosecution strategy can disappear if files do not transfer completely. Texas...

Is a provisional patent application necessary before the product launch?

On Behalf of Fogarty IP | Mar 10, 2026 | Intellectual Property

You have created groundbreaking AI technology, and you cannot wait to share it with the world. However, rushing to release your product without protecting your ideas first could mean losing everything you have worked hard for. So, the real question is not if you...

How does fair use apply to software APIs?

On Behalf of Fogarty IP | Feb 6, 2026 | Intellectual Property

The U.S. Supreme Court ruled that API reuse can qualify as fair use, but that doesn’t make it a safe assumption for your business. The case, Google LLC v. Oracle America, Inc., involved a legal fight over whether reusing API code from another platform counts as...

5 patent prosecution risks in fast-moving industries

On Behalf of Fogarty IP | Jan 19, 2026 | Intellectual Property

Many fast-moving industries thrive in Texas. Semiconductors, energy technology, advanced manufacturing and medical devices all move from concept to market at speed. In your company, you may feel constant pressure to ship, scale and stay ahead. Patent prosecution can...

How assignment agreements protect your proprietary rights in Texas

On Behalf of Fogarty IP | Dec 16, 2025 | Intellectual Property

You hire a talented engineer who develops a groundbreaking invention using your company's resources. Months later, they leave and claim ownership of that creation. Without proper documentation, you could lose rights to something your business helped build....

3 common intellectual property mistakes that businesses make

On Behalf of Fogarty IP | Nov 24, 2025 | Intellectual Property

Intellectual property (IP) plays a big role in adding worth to an organization. But some businesses wait too long to secure these assets, which can cause problems later. When you understand the common mistakes around IP, you can help protect the ideas and innovations...

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  • Can you patent an improvement to an existing product?
  • How early sales can impact patent protection
  • Patent vs. trade secret: What is right for your small business?
  • Should you patent your invention or keep it secret?
  • What should you know about patent infringement?

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