sacha chua living an awesome life

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.

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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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