tools and tips for protecting value in start-up companies
TRANSCRIPT
Tools and tips for protecting
value in start-up companies
David Henricson Briggs
Johan Örneblad
2017-02-03
Bergenstråhle & Partners is a leading Swedish consultancy firm in innovation management. We are a niched IP
firm with our core competence in intellectual property, law and business development. Our clients are
innovation driven business that through their technology, design, brands or business models want to achieve
and maintain a unique market position.
1
Bergenstråhle & Partners
Technology
and patentsIP law
Design and
trademarks
Strategy
consulting
=
Startup IP is complex
• Often very/too early
• Business model yet to be decided
• Issues around ownership/motivation
• No money
2/3/2017 3
Startup IP is interesting
• Can have a real impact on the company
• Interesting technology / offers
• Can will impact your ability to find financing
• Challenging, requires creativity from an attorney
2/3/2017 4
Who cares if you have got (registered) IP?
2/3/2017 5
• Register/patent prior to investment rounds to communicate the potential value in the company. (communicate value)
• Register/patent prior to meeting with your best potential customer/partner. (protecting your invention)
• If you ever want to exit, want investors, want international partners… etc –you need something to transfer. Make the conversation as simple as possible. ”We own X Y Z” (defining the assets)
Aim to control your brand and your technology
It is important to have control over your brand
• Protecting a brand by registration
– What can/should you register?
– TO DO before registering a trademark
• Managing your trademark portfolio (registered and
unregistered)
– Oppositions
– Infringements
• Managing your trademark usage (and how others use your trademarks!) and how your brand is to be perceived
Control ≠ blocking others
Control = determine how the asset can be used
Patents support brand building
• Patents protect inventions
– Protection lasts for 20 years from filing
Product life: indefinite
Patent protection: 20 yrs
Brand protection: indefinite while in use
Brand Structure – supporting company structure
Sold to Kellogg’s$2.7 Billion
Patent key points!
• Don’t rule out a patent without talking to (several, trusted) attorneys/experts
• Software is (often) patentable
• Find an attorney you trust and who understands your technology and your business.
• Match IP with your business model. Inform your attorney of your business model.
• Align the IP strategy with the business strategy – should you patent, publish or keep secret?
2/3/2017 9
My idea is obvious – at least it was to me!
• Is your invention really known? Probably not!
– Have all the features of your solution been described before in one place.
• Is it inventive? Maybe!
– Very tricky! Not for you or an amateur to judge if you’re unsure.
2017-02-03 10
Patents in software
• You can’t patent software in Europe
• No one cares about patents in software
2/3/2017 11
Get in touch!
2017-02-03 12
Contact
David Henricson Briggs
Patent Attorney
+46 (0)70 444 83 13
Contact
Johan Örneblad
Innovation Lawyer
+46 (0)73 975 63 81