Eric W. Cernyar, Colorado Springs, CO

Practice Areas

Patent Matters
Trademark Matters
Copyright Matters
IP Agreements
Employee IP Issues
Trade Secrets
Unfair Competition
Patent Litigation
Other Litigation
Internet Law





Intellectual Property Agreement & Assignment Services

»   Prepare & negotiate licenses and assignments of patents, trademarks, copyrights, and technology
»   Record assignments with the Patent and Trademark Office and the Copyright Office
»   Prepare non-disclosure and confidentiality agreements
»   Draft non-competition agreements

Did you know?

  • A "naked" assignment of a trademark can invalidate the trademark.

  • Copyright assignments and exclusive licenses must be in writing.

  • In the absence of a written agreement, an independent contractor -- and not the hiring entity -- owns the copyrightable works of authorship he or she creates in the course of employment.

  • In the absence of a written agreement, the employee -- and not the employer -- owns his or her patentable invention, unless the employee was "hired to invent."

  • If a patent assignment is not formally recorded with the Patent and Trademark Office, it can be voided by a subsequent assignment, even if the subsequent assignment is fraudulent.

  • Courts will not enforce an overly broad non-compete agreement, and in some states, such as Texas, courts may award attorneys' fees to a non-prevailing defendant in a breach-of-non-compete-agreement if the court has to reform the agreement because it was overbroad.


Licensed by the Supreme Court of Colorado and the Supreme Court of Texas.
Admitted to practice in the Federal District Courts of Colorado, the Western, Eastern, and Southern Districts of Texas,
the Fifth and Federal Circuit Courts of Appeals, and the United States Supreme Court.
Also registered to practice before the United States Patent and Trademark Office

This web site is designed for general information only.
The information presented at this site should not be construed to be formal legal advice
or communications forming a lawyer-client relationship.

Website designed and approved by Eric W. Cernyar
© 2007 Eric W. Cernyar.