ip strategy for startups
TRANSCRIPT
WHO AM I IP Strategist
Entrepreneur
Technologist
CEO
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INTELLECTUAL PROPERTYWhy
When
What
Where
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YOU are closest to the
CUSTOMER PROBLEM areas that need
INNOVATION
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YOU are the driving force behind
PROBLEM SOLVING
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Yet many of STARTUPS do not think of themselves as
INVENTORS
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INVENTIONis the generation of new ideas aimed at solving a tech problem
INNOVATION concerns the productizing of the new ideas
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Ideate Protect Manage Monetize
What is IPR- Classic ‘Real estate’ analogy
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Different form of IPR
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Patent
Trademark
Copyright Designs
Trade secrets
Semiconductor chipsets
Geographical indicators
They provide a set of exclusionary rights to the patentee for a limited period of time in exchange for public disclosure of the invention details in a patent application.
Patentable subject matter should be:
• Novel (should not have been disclosed/practiced before)
• Non-obvious (should include an inventive step)
• Useful (should enable industrial application)
Patents- an introduction
What can be patented
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• Something that is frivolous- a medicine to make a human immortal or a perpetual motion machine
• An abstract theory or mathematical formula- the equation of relativity; Newton's laws of motion
• A thought or idea- the idea of super-fast space travel that is faster than the speed of light
• Anything available in nature - human genes
• Anything that goes against the laws of nature, public interest or morality
What cannot be patented
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Conceptiondate
Filingdate
Publicationdate
Grantdate
20 years
18 monthsor less
Reduction to practice
date
Expirydate
Lifecycle of a patent
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Why do companies file for patents
• Enforce against a competitor
• Prevent the patenting by someone else
• Generate license revenue
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Why do companies file for patents
• Enforce against a competitor
• Prevent the patenting by someone else
• Generate license revenue
$3-$5 million/2-3
years
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Why do companies file for patents
• Enforce against a competitor
• Prevent the patenting by someone else
• Generate license revenue Just publish it. Its free
$3-$5 million/2-3
years
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Why do companies file for patents
• Enforce against a competitor
• Prevent the patenting by someone else
• Generate license revenue
$3-$5 million/2-3
years
Only 5% of patents in the
world are licensed
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Just publish it. Its free
shouldWhy do companies file for patents
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• It’s a marketing collateral and a credential
shouldWhy do companies file for patents
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Your customers & partners
would appreciate it
shouldWhy do companies file for patents
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• Have a defensive strategy than offensive
• It’s a marketing collateral and a credential
Deter infringement &
run your business
shouldWhy do companies file for patents
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• Increases your valuation
• Have a defensive strategy than offensive
• It’s a marketing collateral and a credential
Your investors would like it and helps in your exit
• Where are your customers?
• Where are your competitors?
• Where do you wish to raise investment?
• What opportunities you have in international market?
Build your own IP Strategy
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• Before making it in public use or selling
• When you have a prototype ready or proof of concept
• Before a product launch
When to file your IPR
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Already existing Your solution New Product
Improving on an existing product
Your invention CANNOT be patented if it can’t be distinguished from the previous invention
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Already existing
Your Solution
New Product
Improving on an existing product
CAN be patented
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• I want to file a world patent
• India , EU and others - First to file
• US- First to Invent after March 2013 – First to file
• Software patents NOT allowed in India and Europe
• Software and Business method patents only allowed in US
• IP infringement is a criminal and civil offence in some countries
Law- what you should know?
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• Public disclosure – grace period– USA, Canada (1 year) Asia (6 months) Europe,
Japan, India and most countries (0 months)
• Priority date – The date when you file
• Prior art – Public information available before you file your patent
Law- what you should know?
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• IP strategy doesn't automatically mean filing of patents but Freedom to operate
• You need Freedom to Operate to launch your product or service
• Provisional Patent Application- file to get the earliest priority date and convert into a regular patent within 12 months
• PCT application- the applicant can delay filing of the patent application to 30 months (31 months in some countries)
Lean startup methodology --> IP strategy
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Consider IPR WHEN IT MEANS
And
NOT when you have THE MEANS
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