Intellectual property (IP) is the lifeblood of every knowledge-based startup or venture. Learn how to identify and manage your intellectual property in a strategic way and examine how it fits in with your overall business model. A large part of your competitive advantage will depend on your ability to protect and properly exploit or commercialize your product or service innovations. IP law provides the framework for protecting and commercializing these innovations. Real-world issues and how they can be addressed effectively are examined, particularly for the IT/Web 2.0 space.

2. MaRS Entrepreneurship 101: IP Management
An Entrepreneur’s Perspective on Intellectual Property
Barry Fogarty
December 2, 2015

3. • Background
• the Octopz Experience
• Top 5 IP lessons learned

4. 2011!
Feb. 2004!
2007!2005!
2006! 2008!
2009!
2010!
Ah-hah moment!
filed first patent application!
retained IP counsel!
won first major client!
moved into MaRS!
closed first round of VC!
initial launch (at Web 2.0 in SF)!
company begins to win awards!
relationships expand !
wheels begin to fall off!
team downsized!
first patents grant!
first possible infringement seen!
founders and VC’s double down on IP!
company retained !
Loudon Owen/PMI!
patent portfolio !
sold!
Key Events

5. 2011!
Feb. 2004!
2007!2005!
2006! 2008!
2009!
2010!
Ah-hah moment!
closed first round of VC! initial launch (at Web 2.0 in SF)! first patents grant!
founders and VC’s double down on IP!
patent portfolio !
sold!
filed first patent application!
Key IP lessons learned
1. Be wary of public disclosure
• IBM experience
• SIGGRAPH
• abandoned application

6. 2011!
Feb. 2004!
2007!2005!
2006! 2008!
2009!
2010!
Ah-hah moment!
closed first round of VC! initial launch (at Web 2.0 in SF)! first patents grant!
founders and VC’s double down on IP!
patent portfolio !
sold!
filed first patent application!
Key IP lessons learned
1. Be wary of public disclosure
2. Determine if you have IP
• test for patentability
• patent landscape
• reverse engineering

7. 2011!
Feb. 2004!
2007!2005!
2006! 2008!
2009!
2010!
Ah-hah moment!
closed first round of VC! initial launch (at Web 2.0 in SF)! first patents grant!
founders and VC’s double down on IP!
patent portfolio !
sold!
filed first patent application!
Key IP lessons learned
1. Be wary of public disclosure
2. Determine if you have IP
3. Develop an IP strategy
• partner with a great firm
• determine what to file and disclose
• ensure freedom to operate
• match filings with product and business evolution

8. 2011!
Feb. 2004!
2007!2005!
2006! 2008!
2009!
2010!
Ah-hah moment!
closed first round of VC! initial launch (at Web 2.0 in SF)! first patents grant!
founders and VC’s double down on IP!
patent portfolio !
sold!
filed first patent application!
Key IP lessons learned
1. Be wary of public disclosure
2. Determine if you have IP
3. Develop an IP strategy
4. Maintain thorough records
• archive everything (including meeting and presentation notes)
• document ah-hah moment
• have IP assignments from all employees and consultants

9. 2011!
Feb. 2004!
2007!2005!
2006! 2008!
2009!
2010!
Ah-hah moment!
closed first round of VC! initial launch (at Web 2.0 in SF)! first patents grant!
founders and VC’s double down on IP!
patent portfolio !
sold!
filed first patent application!
Key IP lessons learned
1. Be wary of public disclosure
2. Determine if you have IP
3. Develop an IP strategy
4. Maintain thorough records
5. Retain specialists for patent transactions
• in addition to existing corporate and IP counsel
• significant rewards: mature market, multiple buyers
• significant risks: validity challenges, declaratory judgements

10. ?