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  • I am going to briefly go over the following three areas you should consider when starting a business. The handout you have been given goes into much more detail than I will be covering today, but it will act as a guide to help you outside of class.
  • Everyone who decides to go into business for themselves goes into business for different reasons. Regardless of why you decided to start a business, you should start with a business plan.The purpose of a business plan is first and foremost a way for you to organize what it is your business will be doing. You need to look at your purpose for starting your business. It helps you evaluate your strengths and weaknesses as well as help you define your target market.What is the point of having a target market? You cannot adequately service everyone from the get-go. If you have a specific market you want to target, it is easier to relay this information to people you know or networking organizations you belong to, allowing them to listen for possible referral sources for you.Once your write your business, you should update it as the focus of your organization becomes clearer and better defined.You will want to write down your current goals along with your yearly goals from your first year though your fifth year as well as your 10 year goals.A business plan can be used to help you get financing from banks and other investors because it acts as a roadmap of what you have gotten in place and how you want to grow.In the handout you will see that I have included an outline of parts you may want to include in your business plan. These are just to act as a guide. You can include different sections as they pertain to your needs.
  • Sole Proprietorship Can just start doing business – You and the business are one No need to file anything with the State Pay taxes under your own social security number You are personally liablePartnership Two or more people going into business with each other No need to file anything with the state if you are operating as a general partnership Each person pays taxes on their own Each person is liable for the debts and you may be liable for your partner’s actionsGeneral partners – manage the business and are equally liable for its debtsLimited partners – may invest but not be directly involved in management and are liable only to the extent of their investments.Limited Liability Partnership – Usually used by attorneys or accounting firms. Limits the partner’s liability to the amount he/she invested in the company.Corporations Business is separate entity from the owners Requires Articles of Incorporation to be filed with the Secretary of State Should have your by-laws which state how meetings should be held, when they should be held Minimum franchise tax fee of $800 must be paid each year Must have an annual meeting and send in statement to the Secretary of State every year stating you are in compliance The business is liable and not the individuals – Of course there are exceptions to these rulesLimited Liability CorporationOwners and managers have limited liability For tax purposes 1 owner is taxed as sole proprietorshipMore than 1 owner is taxed as partnershipMay be owned by individuals or business entitiesFormation is simpler and faster than forming and maintaining a corporationFormal oral or written operating agreement must be entered intoMinimum tax of $800/yearArticles of Organization must be filed with Secretary of State
  • Everyone who decides to go into business for themselves goes into business for different reasons. Regardless of why you decided to start a business, you should start with a business plan.The purpose of a business plan is first and foremost a way for you to organize what it is your business will be doing. You need to look at your purpose for starting your business. It helps you evaluate your strengths and weaknesses as well as help you define your target market.What is the point of having a target market? You cannot adequately service everyone from the get-go. If you have a specific market you want to target, it is easier to relay this information to people you know or networking organizations you belong to, allowing them to listen for possible referral sources for you.Once your write your business, you should update it as the focus of your organization becomes clearer and better defined.You will want to write down your current goals along with your yearly goals from your first year though your fifth year as well as your 10 year goals.A business plan can be used to help you get financing from banks and other investors because it acts as a roadmap of what you have gotten in place and how you want to grow.In the handout you will see that I have included an outline of parts you may want to include in your business plan. These are just to act as a guide. You can include different sections as they pertain to your needs.
  • Everyone who decides to go into business for themselves goes into business for different reasons. Regardless of why you decided to start a business, you should start with a business plan.The purpose of a business plan is first and foremost a way for you to organize what it is your business will be doing. You need to look at your purpose for starting your business. It helps you evaluate your strengths and weaknesses as well as help you define your target market.What is the point of having a target market? You cannot adequately service everyone from the get-go. If you have a specific market you want to target, it is easier to relay this information to people you know or networking organizations you belong to, allowing them to listen for possible referral sources for you.Once your write your business, you should update it as the focus of your organization becomes clearer and better defined.You will want to write down your current goals along with your yearly goals from your first year though your fifth year as well as your 10 year goals.A business plan can be used to help you get financing from banks and other investors because it acts as a roadmap of what you have gotten in place and how you want to grow.In the handout you will see that I have included an outline of parts you may want to include in your business plan. These are just to act as a guide. You can include different sections as they pertain to your needs.
  • You need to file a fictitious business name, aka FBN, if you are operating under any name other than your own. It is only $30 for the first one and $5 for each additional one you file at the same time.You can do a search online or in person at the San Diego County Recorder’s office. Filing a FBN does not guarantee you will be the only business operating under that name, which is why you might want to file a trademark.After you filed the paperwork, you need to publish it in a local paper for four weeks before it is officially registered.Again, the handout that has been provided has more detailed information to help you through the process. If you have any additional questions you can ask me during the break or after class.

6 hour class presentation-2011-1-30-for release to general public 6 hour class presentation-2011-1-30-for release to general public Presentation Transcript

  • Making Money From IdeasAn Overview of Patents, Trademarks, Copyrights, and Licensing
    Presented by:
    Eric A. Hanscom
    Managing Attorney
    2141 Palomar Airport Road, Suite 320
    Carlsbad, CA 92011
    Phone: (760) 651 0142
    Email: info@iciplaw.com
    Website: www.iciplaw.com
    Other Offices in Hong Kong and Bangkok
  • Warning: Do not discuss your invention in this class!
    35 U.S.C. §102: You have 1 year from the time you first “publicly disclose” your invention until you have to file for patent protection.
  • Protecting Your Ideas With…
  • Patents -
    A patent is a right to exclude others from manufacturing, selling, or using your invention for a number of years.
    Eg. The Apple iPod
  • Trademarks tm -
    A trademark is any name, symbol, figure, letter, word, or mark adopted and used by a manufacturer or merchant in order to designate his or her goods and to distinguish them from those manufactured or sold by others.
    Eg. iPod and
    “Trade Dress” - the overall image of a product used in its marketing or sales that is composed of the nonfunctional elements of its design, packaging, or labeling (as colors, package shape, or symbols)
    NOTE: Trade dress is protected by the Trademark (Lanham) Act of 1946 if it is not a functional part of the product, has acquired secondary meaning, and there is likelihood of confusion as to the source of the product on the part of the consumer if a competing product has a similar trade dress.
  • Copyright © -
    A copyright is the legal right granted to an author, composer, playwright, publisher, or distributor to exclusive publication, production, sale, or distribution of a literary, musical, dramatic, or artistic work.
    Eg. Harry Potter and the Sorcerer’s Stone
  • Trade Secrets -
    Trade Secret - a formula, process, device, or item of information used by a business that has economic value because it is not generally known or easily discovered by observation or examination and for which reasonable efforts to maintain secrecy have been made.
    Eg. The formula of Coca-Cola
  • * Certain Exceptions Apply
  • Who is going to pay for this?
  • Should You Protect Your Idea?
  • Can You Patent Your Idea?
  • How do You Know What Disclosures are Out There?
  • Basics of the Patent Application Process
  • Basics of the Patent Application Process
  • Parts of a Utility Patent
  • Parts of a Utility Patent
    Abstract
    Drawings
    Background of the Invention
    Detailed Description
    Claims
  • Title Page
  • Drawings
  • Background of the Invention
    A simple introduction to what your invention is
  • Detailed Description
    This section describes exactly how the invention works by referring to the drawings.
  • Claims
    This is the section that protects your ideas
    It lays out the individual elements of your idea – basically what you “claim” as your invention.
  • Infringement
  • Infringement
    Patent 1: Narrow Claims
    Patent 2: Broad Claims
    The Competition
  • Infringement
  • Making Money From IdeasAn Overview of Patents, Trademarks, Copyrights, and Licensing
    Presented by:
    Eric A. Hanscom
    Managing Attorney
    2141 Palomar Airport Road, Suite 320
    Carlsbad, CA 92011
    Phone: (760) 651 0142
    Email: info@iciplaw.com
    Website: www.iciplaw.com
    Other Offices in Hong Kong and Bangkok
  • Trademarks v. Servicemarks
  • What can be Trademarked?
  • Basics of the Trademark Application Process
    Opposition
  • Foreign Patents and Trademarks
    Key Countries
  • Foreign Patent and Trademarks
    Foreign Patents must be filed:
    Directly in the foreign country; or
    Buy yourself time with a Paris Convention (PCT) filing
    Foreign Trademarks can be filed:
    Directly in the foreign country; or
    En masse through the Madrid Protocol.
  • Foreign Patent and Trademarks
    Key Factors:
    Number of People in the Country
    Average Income per Person
    Geographic and/or Cultural Factors
    Enforcement of Intellectual Property
  • Foreign Patent and Trademarks
    Key Countries:
    USA
    40 – 50% of world’s market for many goods
    Other Buyers
    Europe, Japan, Australia, Canada
    Manufacturing Sites
    China / Hong Kong, Taiwan, South Korea, Vietnam, Thailand
    Defensive Patents / Trademarks: China
    Shipping Ports: Hong Kong, Singapore
  • Copyrights
  • The Invention Game
  • Do it Yourself?
    Is it a business or a hobby? Business are created to make money, hobbies are for fun. If your invention is just a hobby, sure, try to do it yourself, but don’t expect to succeed.
    Mistakes made with IP applications are often not “discovered” until years after filing, and you may lose potential patent and trademark rights during this time.
    A solid IP strategy is essential for attracting investors. Seasoned investors will look carefully at your patent, trademark and copyright applications before they invest in your invention, so why not do it right the first time?
    As the inventor, what is a good use of your time? Successful inventors focus on what they do best and hire professionals for the rest.
  • Inventor Paranoia
  • Patent and Trademark Scams
  • Making Money From IdeasAn Overview of Patents, Trademarks, Copyrights, and Licensing
    Presented by:
    Eric A. Hanscom
    Managing Attorney
    2141 Palomar Airport Road, Suite 320
    Carlsbad, CA 92011
    Phone: (760) 651 0142
    Email: info@iciplaw.com
    Website: www.iciplaw.com
    Other Offices in Hong Kong and Bangkok
  • Making Money:Preliminary Considerations
  • Making Money From Your IP
  • Putting it all together
  • Design, Manufacture, Deliver TM
    Prototyping your Ideas
    An overview of the first steps for commercializing your product idea
    Leardon SolutionsPO Box 28564San Diego, CA 92198-0564
    www.leardon.com
  • * Assumption is a 4 piece metal or plastic mechanical prototype. Certain exceptions apply.
  • Why Create a Prototype?
    Validation of Idea/Proof of Feasibility: The proof-of-concept prototype bears little resemblance to the actual product and should be used to prove the idea is valid and feasible.
    Use for Obtaining IP: The proof-of-concept prototype or integrated design prototype can be used in discussions with the patent attorneys to ensure proper communication of functionality.
    Show to Investors for Raising Money: Use a high-quality prototype in an investor presentation. There is no better investor pitch than one with a product demonstration.
    Work out Design and Manufacturing Details: Design and engineer the product so that it can be manufactured with quality results at the best price.
    Validate Functionality and Qualify Design: Put integrated design prototype and production prototype through rigorous qualification tests to verify product will operate properly under all conditions.
    Feedback from Distributors, Buyers, and Retailers: Take the integrated design prototype and production prototype to targeted sales channels and receive valuable feedback prior to freezing design.
    Obtain Customer Feedback from Beta Units:Have customers find potential issues and provide useful feedback by using the final production prototypes.
  • Beer Tap Lock
    Booklet Folding Mechanism
    Examples of Proof-of-Concept Prototypes
    Essential Tremors Eating Assistance
    Ink-jet printer paper feed
    Bicycle Shifting Plate
    Imaging Spot Lens
    Clinical Diagnostic Case
    Medical Tourniquet
    Biological Analysis Chip Holder
    High-speed envelope printer
    Eye/Ear Protection
  • Examples of Integrated Design Prototypes
    Clinical Diagnostic Case
    Active Wear Exercise Belt
    Clinical Diagnostic Access Door
    Medical Diagnostic Equipment
    Imaging Spot Lens
    Medical Tourniquet
    Medical Intubation Device
    Bicycle Seat Clamps
    Machined Body Panel
    Precision Spring
    Pet Food Bowl
  • Custom Bicycle Head-Tube Badges
    Examples of Production Prototypes
    Pet Food Bowl
    Medical Tourniquet
    Logo Keychain
    Acrylic Golf Putter
    Grease Fitting
    Inkjet Printer
  • How to Find a Competent Fabrication Vendor
    • Outsourcing and Offshoring
    • Outsourcing: subcontracting a process to a third-party company
    • Offshoring: relocation of a business process from one country to another
    • Things to consider when offshoring
    • Don’t underestimate the difficulty in offshoring a prototype
    • Entrepreneurs typically don’t have the leverage or economics of scale to approach off-shore manufacturers and get world-class pricing
    • A thorough understanding of the culture and how to effectively communicate with them are keys for successful offshoring
    • Relationships are key to the successful of the offshoringproject
    • Don’t blindly search alibaba.com and globalsources.com for vendors
  • How do you make a Prototype?
    • Stereolithography (SLA)
    • A laser is used to cure liquid material and generate a part
    • Parts are great for verifying form and fit but not usually function
    • Takes about 3 days from release
    • Cost ranges from $300 to $1000 for medium parts
  • How do you make a Prototype?
    • Machining
    • It is possible to machine most plastics and metals
    • Turnaround times are around 1-3 weeks
    • Produces parts that can be used to test form, fit, and function
    • Part cost ranges from $150 for small parts and $6000 for large parts
    Final Prototype Assembly
    Machined Parts Before Glueing
  • How do you make a Prototype?
    • Silicone Molding
    • Take a machined plastic part and create a silicone mold for producing 15 parts
    • Costs more than a tooled part but lead-time is much faster
    • A set of 15 small parts will cost around $1500-$2500
  • Steps To Consider When Starting A Business
    Ryan A. Alexeev, Esq.
    2141 Palomar Airport Rd., Ste. 320
    Carlsbad, CA 92011
    Tel: (619) 819-5085 / Fax: (619) 353-3401
    www.NorthCountyLegal.com
  • So You Have Decided To Start A Business
    Business Plan
    Entity Formation
    FBN
  • Business Plan
    • Purpose
    • Strengths
    • Weaknesses
    • Target Market
    • Start Selling or Providing Your Services
    • Competitors
    • Investment
    • Write Your Plan Down
    • Obtain Trademarks or Patents
  • Entity Formation
    • Sole Proprietorship
    • Partnership
    • Corporation
    • LLC
  • Sole Proprietorship
    • Can just start doing business – You and the business are one
    • No need to file anything with the State
    • Pay taxes under your own social security number
    • You are personally liable
    Partnership
    • Two or more people going into business with each other
    • No need to file anything with the state if you are operating as a general partnership
    • Each person pays taxes on their own
    • Each person is liable for the debts and you may be liable for your partner’s actions
    General partners – manage the business and are equally liable for its debts
    Limited partners – may invest but not be directly involved in management and are liable only to the extent of their investments.
    Limited Liability Partnership – Usually used by attorneys or accounting firms. Limits the partner’s liability to the amount he/she invested in the company.
  • Corporations
    • Business is separate entity from the owners
    • Requires Articles of Incorporation to be filed with the Secretary of State
    • Should have your by-laws which state how meetings should be held, when they should be held
    • Minimum franchise tax fee of $800 must be paid each year
    • Must have an annual meeting and send in statement to the Secretary of State every year stating you are in compliance
    • The business is liable and not the individuals – Of course there are exceptions to these rules
    Limited Liability Corporation
    • Owners and managers have limited liability
    • For tax purposes
    • 1 owner is taxed as sole proprietorship
    • More than 1 owner is taxed as partnership
    • May be owned by individuals or business entities
    • Formation is simpler and faster than forming and maintaining a corporation
    • Formal oral or written operating agreement must be entered into
    • Minimum tax of $800/year
    • Articles of Organization must be filed with Secretary of State
  • Fictitious Business Name
    File with County of San Diego
    San Diego El Cajon Kearney Mesa San Marcos Chula Vista
    Do not use the publication services sent you immediately