Intellectual Property for Startups Oct 20, 2016 Presented By Robert A. Bailey, Ph.D. Phone: 303.291.2326 Email: rbailey@perkinscoie.com
Reasons to Invest in IP
Investors Investment Future As a startup, your IP is most likely being developed for your investors and future acquirer. Why Help as a Justification for Purchase or Investing Creates Value Makes Technological Developments Tangible Can Stimulate Acquisition
Common Misconception What Some Mistakenly Say What You Should Know Investment What Some Mistakenly Say I’m Protected! What You Should Know Every type of IP has limits New ideas may still be unprotected Competitors may be doing something similar, but different Your IP creates options
Types of IP Protection
Types of IP Protection IP Protection Overlapping Protection Patents IP Types IP Protection Patents Trademarks Trade Secrets Copyrights Contracts (e.g., NDA’s, Licenses, Employment Agreements, etc.) Overlapping Protection These types of IP can overlap to create effective protection.
Final Overview IP Types Copyright Trade Secret Trademark Patent What is protected? Expression, not ideas Formulations, process, pattern, device, software, compilation of information, business plans, customer lists Source-indicating word, symbol Device, Composition, Design or Process Criteria for protection? Originality Competitive information not known by others Distinctiveness Novelty, Utility, and Non-obviousness To obtain protection… Fixation in tangible medium Maintain secrecy measures Use in commerce Novel & Non-obvious Protects Against… Unlawful copying Misappropriation Confusing use Manufacture, use, importation, or sale of claimed subject matter Duration of Protection author life + 70 yrs Work for hire is different Continues so long as it remains a secret Continuous with use 20 years from filing utility patent app. (14 yrs design)
Additional Resources
startupPerColator™ http://www.startuppercolator.com
About Me
Contact Information Robert A. Bailey | Counsel Robert Bailey is a patent attorney with Perkins Coie. He advises and assists cutting-edge technology companies and entrepreneurs in all aspects of IP procurement and protection in a wide range of technologies including: social media, wireless communications, business and manufacturing processes, micro-electromechanical systems, and financial services. He also performs patent due diligence for mergers and acquisitions and advises clients on establishing internal patent procurement programs, innovation audits, competitive analysis, and international patent prosecution strategies. In addition, he assists clients in patent portfolio management and patent monetization strategies. Robert received his J.D. from the University of Denver Sturm College of Law and his Ph.D. in Electrical Engineering from the University of Colorado at Boulder. Denver, CO PHONE: 303.291.2326 RBailey@perkinscoie.com