When Johnathan Gay, the director of the Kentucky Innovation Network at Morehead State University, works with business owners, he often refers them to another source of help. For more than six years, registered U.S. patent attorney Jim Francis, of Fowler Bell PLLC in Lexington, has been lending his knowledge to network clients as they try to build their brands.
Francis’ advice and expertise have been indispensable for many clients, Gay said, particularly those from rural areas where there are few attorneys with backgrounds in business and intellectual property.
“As clients look to build a brand, one of the first places they typically go is to see a good graphic designer. What they don’t always realize is that it’s easy to step on an existing brand. If that happens, their second visit may be to visit an intellectual property attorney,”Gay said.
Legal fees can quickly add up, making the launch of a business all the more difficult. By working through the Innovation Network, inventors and business owners have access to Francis and his years of experience at no cost to them. Gay said inventors in particular face the challenge of dealing with the legal issues well before the product is ready to market.
“The legal system doesn’t really allow clients to take their time exploring their best options,” Gay said.
The Kentucky Innovation Network was established in 2001 as a partnership between the Kentucky Cabinet for Economic Development and the Kentucky Science and Technology Corporation. The network has 13 offices throughout the state, working with a variety of clients through all stages of building a business. Gay, who also is an attorney, said he and other network directors realized legal advice would be important for clients and have worked to find attorneys and accountants willing to offer their services.
“When it comes to intellectual property law, there are hidden pitfalls that our clients often don’t know about,” Gay said.
Francis, he said, “offers pro bono advice and consultation to these clients until such time as they are ready to file.”
Patent laws are written so that the first person to file is presumed to be the inventor, Gay said.
“It creates a race for inventors, because they never know who is working on something similar across the vast United States. That means you probably shouldn’t waste time seeking out competent legal counsel. The problem is, this is expensive,” Gay said.
The U.S. Patent and Trademark Office can take up to two years to grant a patent, Gay said, and business owners are eager to work through the process quickly and efficiently, he said.
Francis has offered advice to restaurant owners, app developers, inventors and software developers.
“It’s an expensive system, and there aren’t many shortcuts, but there are ways to mitigate your risk,” Gay said.
For more about the Kentucky Innovation Network, visit www.kyinnovation.com.