How to Bootstrap a Rock-Solid Intellectual Property Portfolio
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The document outlines the importance of building a strong intellectual property (IP) portfolio for cash-limited startups, detailing the types of IP available such as copyrights, trademarks, and various patents. It highlights the costs associated with obtaining different types of patents and discusses common mistakes startups make regarding IP ownership and strategy. The author emphasizes the need for a proactive approach to IP, encouraging startups to integrate IP considerations into their overall business strategy.
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How to Bootstrap a Rock-Solid Intellectual Property Portfolio
- 1. HOW TO BOOTSTRAP A ROCK-SOLID IP PORTFOLIO IDEATO IPO Steven Colby, JD, Ph.D. Patent Attorney – Rimon Law, PC steven.colby@rimonlaw.com © Steven Colby 2022 March 2, 2022
- 2. WHY WOULD YOU DO THIS? WHY WOULD A CASH LIMITED STARTUP PUT THOUSANDS OF DOLLARS INTOTHE DEVELOPMENT OF AN IP PORTFOLIO?
- 3. WHAT CAN I GET? • Copyright • Trademark • Trade Secrets • Patents
- 4. COMMON TYPES OF PATENTS PROVISIONAL • Placeholder • Quick & Easy • Inexpensive • ONEYear NON-PROVISIONAL • Ornamental • 14 years • Moderate Cost DESIGN • Enforceable Rights • 20 years • High Cost
- 5. WHAT DOES THIS ALL COST? 2500 18000 30000 $0 $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 $35,000 Provisional Non-Provisional filing Patent Issue Patent Costs (US) First Application Family Members
- 6. WILL I RULE THE WORLD WITH MY PATENTS?
- 7. THE DARK SIDE… WHATYOU DON’T KNOW CAN HURT
- 8. MISTAKES 1) Ownership 2) Ownership 3) Waiting 4) No Strategy 5) Understanding the Patent 1) Specification 2) Claims
- 9. OWNINGYOUR IP • Ownership initially vests in the INVENTORS (USA) • Applications must be assigned to the company • Assign Clauses • Employer IP • Assignment process
- 10. OTHER PEOPLE’S IP • The start-up viewpoint • Read the literature • Keep records • Open source trap
- 11. WHEN DO I NEED TO START THINKING ABOUT IP? • Yesterday….
- 12. STRATEGY • Patent for the Marketing Person, Not the Engineer • Product Driven • Focus onValuation • Make IP more than just a Checkbox