Patents for startups- why and what?


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Patents for startups- why and what?

  1. 1. Intellectual Property Rights An Introduction Anoop Kurup Co-Founder & Director
  2. 2. Contents 1. Types of Intellectual Property 2. Patents 3. Q & A’s 4. Case Studies 5. How to Document your Invention 6. How to do a quick IP Assessment 7. Do’s and Don’ts
  4. 4. Copyright
  5. 5. Trademark ™ vs ®
  6. 6. Patents A patent is an intellectual property right Public Limited that is granted by a government Disclosure Monopoly applies within the territories and possessions of the government expires twenty years from the filing date Best Territorial A patent gives its owner the right to Mode Right exclude others from making, using, offering to sell, or selling the invention covered by the patent or from importing Exclude the invention covered by the patent 20 Years Others A patent does not give the owner the affirmative right to practice the invention claimed in the patent
  7. 7. What Can Be Patented Process or Method Novel Machine or Apparatus Non- Obvious Article of Manufacture Utility Composition of Matter Chemical Compounds Physical Mixtures Improvements of Any of the Above
  8. 8. Patents Improvement or new invention in any technology area Utility Patents including genetically modified organisms. Has a life of 20 years from the date of filing Industrial Design Ornamental aspects of invention. Life of 14 years from grant in US. Plant Breeders New varieties of plants made by combining two or more Rights different types of plants.
  9. 9. Patent Claims The “Claims” of a patent define the scope of the invention. The claim language defines the “edge” of the property right.
  10. 10. Prior art limits the scope of patent claims The requirement for novelty means that a patent claim cannot include what is already in the prior art.
  11. 11. Types of IPR : Summary Patents Industrial Design Trade Secret Plant Breeders Rights Semiconductor Trademark Chipset Design Geographic Copyright Indications
  12. 12. Your turn QUESTIONS AND ANSWER
  13. 13. How companies leverage IPR CASE STUDIES
  14. 14. Case Study Gillette Mach 3 is protected by a strong portfolio of more than 35 patents (including patents on the manufacturing process), which deters competitors from entering the “triple blade razor market”.
  15. 15. Case Study “FIT Biotech Plc acquired assets of Xenerate Ab and starts the development of novel gene technology based vascular devices FIT Biotech Plc announced today that it starts a development of new biocompatible cardiovascular devices, applying its proprietary Gene Transport Unit (GTU®) technology. FIT Biotech acquired the intellectual property rights and other assets of Xenerate AB, a company combining medical devices and gene therapy. Together, FIT Biotech's knowledge in DNA plasmids and gene therapy, and Xenerate's background in cardiovascular device technology, will create a unique platform for the development of medical devices for the treatment of cardiovascular diseases.” Source:
  16. 16. Case Study “Exelixis Acquired Key Plant Technology, Intellectual Property And Plant Biology Capabilities Through Acquisition of Agritope The acquisition of Agritope provides Exelixis with key intellectual property, substantial additional technology including expertise in additional model systems, and extensive experience in plant biology. Combined with Exelixis' existing expertise in bioinformatics, genomics, and complementary plant model systems, this program gives Exelixis a superior plant genomics program.” Source:
  17. 17. Case Studies Transmeta VocalTech Communications IP on Low power semiconductor with Israeli based NASDAQ listed company focus on reducing power in VOIP domain wanted to raise consumption on electronic money from the market. Holds 22 devices(140+ patents) patents. 11 patents were sold for $12.5 Karo Millennium Got Acquired by Novafora for $255.6 million JP LLC, shares jumped 11 percent on NASDAQ after this transaction Telcorida Irvine Sensors A telecommunication R&D firm with A California based company engaged 800+ patents in creating products in the electro- optical cameras, image processors, Got funding from an Invention and private equity and stacked chip assemblies investor firm for a "long term commitment”, the new investor will license 500 of their inventions IP licensing to Aprolase Development Co. worldwide for $9.5 million
  18. 18. The beginning of good IPR DOCUMENTING INVENTION
  19. 19. Documenting Inventions Keep a notebook! Keep the pages sequential and clearly dated.
  20. 20. Documenting Inventions Write down your experiments! (especially the ones showing structure of the invention and how to make the invention) = “reduction to practice” Also write down significant ideas! (ditto!) = “conception”
  21. 21. Documenting Inventions Periodically show your notebook to someone else in the lab who is not an inventor (but who has an obligation of confidentiality and can understand what you are telling them). Have that witness sign and date the pages and indicate that they have “read and understood "the content.
  22. 22. Conduct a quick due diligence for patentability PATENT SEARCHES
  23. 23. A Few Patent Search Resources Google Patents USPTO WIPO Espacenet Free Patents Online
  24. 24. Precautions to be taken DO’S AND DON’TS
  25. 25. Do’s and Don’ts 1. Public Disclosure without NDA 2. Non Dated Documents for invention disclosure 3. Communicating to third party 4. Communication protocols • Comparing with others’ invention • Stating opinions about prior art • Using words like “infringe” or “copied”
  26. 26. Thank you