When it comes to starting a business, intellectual property (typically patents, trademarks, copyrights, and trade secrets) can seem like an expensive thing to be taken care of *later.*
There are so many steps, process, discussions, and emails that need to happen that it’s easy to put all of that kind of stuff on the back burner.
While there are some very good reasons to spend your time, energy and money elsewhere, I wanted to do an episode that explains what you should and shouldn’t do, and when, with someone who breathes intellectual property day in and day out.
I found that someone in Nichole Biglin Hayden, a registered patent attorney and law firm partner at Nelson Mullins Riley & Scarborough, one of the largest law firms in the United States with more than 800 lawyers.
In addition to her work at Nelson Mullins, Nichole spent several years as general counsel for a software startup company.
Nichole is AMAZING and I loved our conversation.
 Intellectual property law is really complicated, but she breaks down many of answers to FAQs in a way that people can understand.
We had a wide-ranging conversation about everything from how to find an IP lawyer, to how long the application processes take (and how much they cost!), and how to be a good client.
If you’re an inventor, content creator, or entrepreneur, this episode is definitely for you.
Check out the full episode below.
Show Notes
Where to find Nichole Hayden: https://www.nelsonmullins.com/people/nichole-hayden?#overview
For Women: Finding a Patent Lawyer: https://shontavia.com/for-women-on-being-an-inventor-finding-a-patent-lawyer/
How to find a good intellectual property lawyer on a budget: https://shontavia.com/how-to-find-a-good-intellectual-property-lawyer-on-a-budget/
The Difference Between Copyrights, Trademarks and Patents: https://www.nytimes.com/article/copyrights-trademarks-patents.html
Show Highlights
08:25 How long it takes to get a registered trademark or patent
09:30 What inventors should do before reaching out to a patent lawyer
10:56 When inventors should reach out to a patent lawyer
12:00 How much it costs to file a patent application
13:09 How a provisional patent application can help you save money up front
15:30 How trade secrets can save you money and protect your invention
18:15 When you should contact a lawyer if you want to protect your trademark (it’s earlier than you think!)
22:13 How much it costs to file a trademark or copyright application
23:36 Why Nichole thinks you need to always have an initial conversation with an IP lawyer
24:27 Why choosing a good IP lawyer can save you now AND years down the line
28:14 How startups can decide when to hire an in-house lawyer versus working with one on a contract basis
30:13 Why creating a software- or app-based company is harder now than its ever been
35:28 How IP lawyers decide whether you’re a good client
37:43 What you should do once you finally get that registered trademark, copyright or patent
Questions and Action: Get your intellectual property action plan together
 After you’ve had a chance to watch the video, I’d love to hear from you in the comments section!
Please answer the questions relevant to your current situation:
1. Are you creating content, building a brand, or inventing things? If so, are you documenting dates and collaborators/co-inventors?
2. Have you created, invented or branded something that, if a third party copied, would be harmful to your business? As a starting point, you could create a list of those things– this is the starting point of your intellectual property portfolio.
3. If you need to consult with an intellectual property lawyer, create a budget of what you can actually spend and share that upfront.
Please give as much information as you can in response to these questions. I’d be happy to share more tools and resources that help you get what you want.Â
Check out the show notes at the end of this page for a few resources from this episode.
Thank you so much for joining me on this roller coaster of an experience.
I am eternally grateful that I get to do this work with creators, entrepreneurs and innovators like yourself.
                                                                 Let’s continue to make it happen,
Excellent interview. Found it very informative.
Thank you very much! Nichole is amazing and I’ve admired her practice since we worked together at NMRS.