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Soft intellectual property assets are things that are based in the common law, things like common law trademarks, trade secret law, which is business torts and things like that, where you’re spending more time kind of teasing those assets out. They may even be unfiled inventions that someone’s just been thinking about filing a patent on but they haven’t disclosed it as that yet. So that’s the next level of difficulty in doing your audit, is to actually, through interview or questionnaire, tease those out.
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Minneapolis patent attorney Mark Stignani defines soft intellectual property assets.