Sketchnotes from #ENT101: IP Management – Creating Value by Protecting Knowledge-based Assets – Nathaniel Lipkus, Matthew Powell, Ashlee Froese

This talk is part of the free MaRS Entrepreneurship 101 series (webcast and in-person session every Wednesday). Feel free to share this! You can credit it as (c) 2012 Sacha Chua under the Creative Commons Attribution 2.5 Canada licence. Click on the image for a larger version of sketchnotes. 20121121 ENT101 - IP Management - Creating Value by Protecting Knowledge-based Assets - Nathaniel Lipkus, Matthew Powell, Ashlee Froese And here's how I drew it... Check out my other ENT101 sketchnotes, or other sketchnotes and visual book notes! Text for searching: MaRS Entrepreneurship 101 Nov 21, 2012 # ENT101 IP MANAGEMENT: Creating Value by Protecting Knowledge Based Assets NATHANIEL LIPKUS, Intellectual property MATTHEW POWELL, patents ASHLEE FROESE, trademarks Do you use NDAs instead of stronger intellectual property protections? Non-disclosure agreement costs a ton to enforce ! ONLY 20% of Canadian science /tech businesses - IP protection Types: Patent, Trademark, Trade secret, Design, Copyright IP has value! PATENTS design around Control over how an advantage reaches customers ex: do you need to reinvent the smartphone? Is it patentable? New, Useful, Non-obvious Process for sharpening images Picture copyright Patent laws <-- Strict !! Public disclosure Use (ex: commercial) offering for sale actually selling it Patent --> making something PUBLIC in exchange for control Disclosure Claims - Patent Patents are granted on a per-country basis Patent fee deferrals Patent cooperation treaty --> options to file (30 months!) Patent process 1 2 3 4 5 1. Understand inventorship & ownership 2. Prepare patent application 3. File the patent 4. Negotiate with examiner 5. Granted ! That's too broad Okay how about this? Patents Vs. Trade Secret (Shhh...) Public | can't stop independent control | others can protect details that can be reverse engineered TRADEMARKS Your company reputation! Not just names mass of consumers Non-traditional trademarks 3D designs, Colour, Sound ex: M&M Lion, distinguishing guise: Nesquick bottle: bunnies! Recommended! Generic -> Descriptive -> Suggestive -> Coined Some exceptions: The Beer Store The more distinctive, the easier to protect. Do your due diligence! (Is this viable? What's out there?) Best way #1 Trademark registration --> formal ownership --> easier litigation --> can be renewed forever --> useful for internet also www. The Living Brand Keep an eye on your brand Use it Ex: escalator, Zipper, Kleenex, Aspirin... becomes generic term! Update as needed, audit what's going on Online: Other people w/trademarks, Cybersquatters Reserve your space GOOD HOUSEKEEPING 1. Know your IP: Invention disclosures, spreadsheets 2. Ensure IP Ownership Contracts -- employees, contractors,etc. Audit IP periodically Start ... ... ... ... IP HURDLES VS BARRIERS Patents --> license? invalidate? Trademarks --> license? modify? Ex: Samsung vs. Apple patents between user interface and hardware Example: Gilead -] licensed HIV drugs to manufacturers in developing countries Q&A Q: Lean Startup? A: Few things can beat being first to market in some industries. Patents--> maintian competitive advantage A: Don't forget about IP benefits A: Can file for proposed use --trademarks? Q: Business method patents, patent trolls? A: Not healthy.. Moral discussion? Hybrid-->research labs. Nonpractising entities Software patents: seat at the table. Challenge with prior art. Problems with patent system. Q: enforceability of software patents? A: Yes, if valid. A: Not algorithms, but processes.

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