Introductory presentation on intellectual property protections. Not every successful business is built around an original idea, and not every good idea ends up with a business built around it. But when you do have an innovative idea - patents, trademarks, servicemarks and copyrights can help protect your idea and give you time to develop it into a business. But it is worth the time and cost in today's fast-paced startup scene?

1. PATENTS, COPYRIGHTS &
TRADEMARKS
An Entrepreneur's Perspective
+Chris Mohritz | chris@mohritz.co

2. OUR JOURNEY
● Patent
● Copyright
● Trademark / Service Mark
Interupt me anytime for questions & comments

3. GOAL
● Differences between each
● Scenarios where each is applicable
● Application highlights & costs
● Present different viewpoints on value
● Real-life entrepreneur concerns
● Focus on strategy, not process details
Anyone currently considering a registration?

4. THE RABBIT HOLE
● Patents, copyrights and marks are simple in
concept but complex in practice
● Today is not intended to change anybody's mind
or convince you of any particular mindset
● Will offer a series of perspectives and reference
materials
● Can form your own conclusions based on your
unique situation
● And as with anything entrepreneurship, the
decision rests with you
● Can pursue state, federal, international - today’s
examples focus on federal-level (most popular)

5. RELATIVE PROTECTIONS & COST
mdde.wikispaces.com/MDDE+622+Openness+in+Education

6. PATENT
Protecting ideas that have been reduced
to practice

7. WHAT IS IT?
● “A patent is a limited duration property
right relating to an invention, granted by
the United States Patent and Trademark
Office in exchange for public disclosure of
the invention.”
uspto.gov/trademarks/basics/definitions.jsp

8. PATENT TYPES
● Utility: any new and useful process,
machine, article of manufacture, or
composition of matter, or any new and
useful improvement thereof
● Design: new, original, and ornamental
design for an article of manufacture
● Plant: any distinct and new variety of plant
uspto.gov/patents/index.jsp

9. EXAMPLES
● Method for producing a tangible result
○ genetic engineering procedure
○ investment strategy
● A machine
○ cigarette lighter
○ photocopier
● Article of manufacture
○ tire
○ transistor
● Composition of matter
○ A drug
○ A genetically altered lifeform
● Improvement of an invention in above

10. FILING PROCESS
● $1500+ (DIY)
● 24+ months
● 1yr provisional option
● Lasts 20 or 14 years
uspto.gov/patents/process/index.jsp

11. VIEWPOINT #1: RISK VS. REWARD
● Elon Musk (SpaceX, PayPal, Tesla)
ecorner.stanford.
edu/authorMaterialInfo.html?
mid=393
benzinga.
com/news/13/03/3451756/is-elon-
musks-spacex-protected-without-
patents

12. VIEWPOINT #2: PATENT IT ALL
● Amazon
huffingtonpost.
com/2014/05/15/colbert-
amazon-patent_n_5331743.
html
patft.uspto.
gov/netacgi/nph-Parser?
Sect1=PTO2&Sect2=HITOFF
&p=1&u=%2Fnetahtml%
2FPTO%2Fsearch-adv.
htm&r=1&f=G&l=50&d=PAL
L&S1=08676045&OS=PN/08
676045&RS=PN/08676045

13. PATENT AS MARKETING TACTIC
● “Our patent pending formula...”

14. PATENT TROLLS
● Rockstar (wired.com/2013/11/rockstar-2)
● techradar.com/us/news/world-of-
tech/google-files-lawsuit-against-rockstar-
in-move-against-microsoft-apple-1211227

15. PROFESSIONAL OBLIGATION
● Public company and/or 3rd-party
investors?
● Legal requirement to “maximize
shareholder value”
● bgr.com/2012/09/20/apple-google-patent-
lawsuit-unwired-planet

16. TIME FOR A CHANGE
● Can the current patent system adapt to
our global economies & accelerating tech?
● forbes.
com/sites/timworstall/2013/06/23/the-
tabarrok-curve-why-the-patent-system-is-
not-fit-for-purpose

17. BE AWARE
● If sourcing offshore products and selling in
US, watch for US patents
● If manufacturing your patented product
overseas, watch for your manufacturer
reselling it
● Iterate: Filing a US patent makes the idea
public knowledge (globally)

18. WHERE TO START
● uspto.gov/patents

19. COPYRIGHT
Protectings expressions (not ideas)

20. WHAT IS IT?
● “A copyright protects works of authorship,
such as writings, music, and works of art
that have been tangibly expressed.”
uspto.gov/trademarks/basics/definitions.jsp

21. COMMON LAW
● “In general, registration is voluntary.
Copyright exists from the moment the
work is created. You will have to register,
however, if you wish to bring a lawsuit for
infringement of a U.S. work.”
copyright.gov/help/faq/faq-general.html#register

22. EXAMPLES
● Software
● Books
● Blog posts
● Songs
● Architecture plans
● Paintings
● etc.

23. FILING PROCESS
● $35 (DIY)
● 3+ months
● Lasts author lifetime
+ 70 years
asmp.org/tutorials/online-registration-eco.html

24. BE AWARE
● Watch copyright when hiring consultants
● If they create a design or article for you,
they own the copyright (common law)
● They can sign over rights

25. WHERE TO START
● copyright.gov

26. TRADEMARK &
SERVICEMARK
Protecting goodwill associated with mark

27. WHAT IS IT?
● “A trademark is a word, phrase, symbol,
and/or design that identifies and
distinguishes the source of the goods of
one party from those of others. A service
mark is a word, phrase, symbol, and/or
design that identifies and distinguishes the
source of a service rather than goods. The
term ‘trademark’ is often used to refer to
both trademarks and service marks.”
uspto.gov/trademarks/basics/definitions.jsp
uspto.gov/trademarks/basics/trade_defin.jsp

28. COMMON LAW
● “Federal registration is not required to
establish rights in a trademark. Common
law rights arise from actual use of a mark
and may allow the common law user to
successfully challenge a registration or
application.”
uspto.gov/faq/trademarks.jsp#_Toc275426712

29. FILING PROCESS
● $275+ (DIY)
● 10+ months
● 6 month intent-to-use option(s)
● Lasts 10 years
uspto.gov/trademarks/process

30. EXAMPLE: “ELIXIR”
● Desired use: Water Bottle Brand Name
● Current use: Camelbak Product (camelbak.
com/elixir)
● Current registration: none (tmsearch.uspto.
gov/bin/gate.exe?f=searchss&state=4801:71qe2l.1.1)
● Trademark status: actively used, common law
trademark implied for Camelbak (uspto.
gov/faq/trademarks.jsp#_Toc275426712)
● Decision: not used, would cause consumer
confusion in hydration industry

31. WHERE TO START
● uspto.gov/trademarks

32. SUMMARY
● Patents focus on inventions
● Copyrights focus on design works
● Marks focus on identifications
● Usefulness of filing is completely
dependant on your goals & requirements

33. GOAL CHECK
● Understand differences?
● See where each is applicable?
● Know costs & starting point to apply?
● Have a view into strengths & weaknesses?
Anyone decide for or against registration?

34. MY THOUGHT PROCESS
● I start with "benefits are not worth hassle"
○ Difficult & expensive offensively (locally & globally)
○ Common Law provides protection defensively
○ I don't plan to sue anyone (ie. patent troll)
○ I believe in the golden rule (don’t invite legal issues)
○ I don’t assume problems (fear-based thinking)
○ Why block competition if I welcome the challenge? (it better
serves the customer)
● Then decide based on exceptions
○ Am I planning to sell company? (barrier to sale)
○ Need to expose inner workings to untrusted parties?
○ Shady competitors? (ounce of prevention)
● Attorney opinions are inherently biased
● “Friend” (inexperienced) opinions are hot air

35. Feedback?
Questions?
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