ip strategy for startups
TRANSCRIPT
WHO AM I IP Strategist
Entrepreneur
Technologist
CEO
INOLYST
INTELLECTUAL PROPERTYWhy
When
What
Where
INOLYST
YOU are closest to the
CUSTOMER PROBLEM areas that need
INNOVATION
INOLYST
YOU are the driving force behind
PROBLEM SOLVING
INOLYST
Yet many of STARTUPS do not think of themselves as
INVENTORS
INOLYST
INVENTIONis the generation of new ideas aimed at solving a tech problem
INNOVATION concerns the productizing of the new ideas
INOLYST
Ideate Protect Manage Monetize
What is IPR- Classic ‘Real estate’ analogy
INOLYST
Different form of IPR
INOLYST
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
INOLYST
• 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
INOLYST
Conceptiondate
Filingdate
Publicationdate
Grantdate
20 years
18 monthsor less
Reduction to practice
date
Expirydate
Lifecycle of a patent
INOLYST
Why do companies file for patents
• Enforce against a competitor
• Prevent the patenting by someone else
• Generate license revenue
INOLYST
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
INOLYST
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
INOLYST
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
INOLYST
Just publish it. Its free
shouldWhy do companies file for patents
INOLYST
• It’s a marketing collateral and a credential
shouldWhy do companies file for patents
INOLYST
Your customers & partners
would appreciate it
shouldWhy do companies file for patents
INOLYST
• 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
INOLYST
• 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
INOLYST
• 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
INOLYST
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
INOLYST
Already existing
Your Solution
New Product
Improving on an existing product
CAN be patented
INOLYST
• 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?
INOLYST
• 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?
INOLYST
• 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
INOLYST
Consider IPR WHEN IT MEANS
And
NOT when you have THE MEANS
INOLYST
