intellectual assets for start-ups and small businesses

Intellectual Assets for Start-Ups and Small Businesses

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Intellectual Assets for Start-Ups and Small

Businesses

About Your Speaker

• Patent Attorney - Lee & Hayes, PLLC• General Counsel – Audiotoniq, Inc. • Associate – L.C. Begin and Associates • Dell, Inc.

• University of Michigan – B.S.E• Notre Dame University – J.D.

Andrew L. Eisenberg

Page 3: Intellectual Assets for Start-Ups and Small Businesses

Need …

VC Required …

Linear and organic growth …

IP Stockpiling …

Traditional Approach

Page 4: Intellectual Assets for Start-Ups and Small Businesses

1970S&P 500

Market Cap

2012

Tangible Intangible

TangibleIntangible

Growth in Intellectual Property

Page 5: Intellectual Assets for Start-Ups and Small Businesses

$612,500,000$4,500,000,000

$12,500,000,000

$1,000,000,000

$One Billion $550,000,000

Growth in Intellectual Property

BlackberryNortel Patents

Apple v. Samsung Facebook buys AOL Patents

Microsoft buys AOL patents

Google buys Motorola

Page 6: Intellectual Assets for Start-Ups and Small Businesses

Goal Intelligent Portfolio – IP as an Asset

Every IP asset has a business purpose

IP assets perform as we expect other business assets to perform … ROI

IP based analysis to identify market risks and opportunities

Page 7: Intellectual Assets for Start-Ups and Small Businesses

Word Mark v. Stylized Design

Trade Dress

Confusing Similar

Loss of Rights/Enforcement

Trademarks-Basics

Page 8: Intellectual Assets for Start-Ups and Small Businesses

Trademarks-Examples

Page 9: Intellectual Assets for Start-Ups and Small Businesses

Creative Expression

Instantaneous

Term

Page 10: Intellectual Assets for Start-Ups and Small Businesses

Page 11: Intellectual Assets for Start-Ups and Small Businesses

Stool

Chair

Patent-Basics

Page 12: Intellectual Assets for Start-Ups and Small Businesses

Patent-Examples

Collateral

Buy Outs

Horizontal Licensing

VC Equity Negation

Offensive Reviews

Standards

NPEs/ICAP Freedom To Operate

Patent Aggregators

Grants

Ecosystem Building

Page 13: Intellectual Assets for Start-Ups and Small Businesses

IP is an Asset

Return on Investment

Plan before you file

Summery

Page 14: Intellectual Assets for Start-Ups and Small Businesses

Questions?

Intellectual Property for Businesses

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