Ip strategy for startups

Post on 27-Jun-2015

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Transcript of Ip strategy for startups

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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Email : Dilip.kumar@inolyst.com

Website : www.inolyst.com

Twitter : @inolyst

Thank You

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