Intel ISEF Symposium Protecting your Ideas
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This document discusses the importance of intellectual property (IP) protection for businesses and startups. It notes that IP theft costs US companies $250 billion annually and that most startups fail to protect their IP after the first year. The document outlines different types of IP including patents, copyrights, trademarks, and trade secrets. It discusses common misconceptions around IP and strategies for identifying, protecting, and leveraging IP assets. These include filing for patents and trademarks, using confidentiality agreements, and leveraging IP for crowdfunding and investment.
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Intel ISEF Symposium Protecting your Ideas
- 1. PROTECTING YOUR IDEAS Mary Juetten, Founder & CEO "TRAKLIGHT", "ID YOUR IP", "IP VAULT", and "IP CLOUD" are registered trademarks of The PIP Vault, LLC. © MMXIII The PIP Vault, LLC. All Rights Reserved.
- 2. Got Intellectual Property? Why Care… • IP theft costs US companies $250 billion annually • 100% of all companies have IP • 700K new startups annually vs. 20% protected IP after 1st year • IP is most valuable asset and not on your Balance Sheet • Exclude competition; Attract investment (incl. crowdfunding); Leverage & license • Avoid IP loss, infringement, or business failure Disclaimer: This is intended to be general information. Nothing in this presentation constitutes legal advice. Please consult with an attorney before making any intellectual property protection decisions.
- 3. What is IP? • Patents (utility & design) • Copyright © • Trademark/Service mark TM SM ® • Trade secrets – unsung heroes
- 4. IP Misconceptions • IP is just for Tech Startups or Tech companies & Patents are the only IP for inventors • Trade secrets are the easiest to protect because there is no registration. • You can copy anything without a copyright © • You can copyright an idea. • Domain = TM • If I pay for it, I own it. • Patents means right to make or sell
- 5. Intellectual Property & Crowdfunding • REWARDS BASED: Kickstarter, Indiegogo, Rocket Hub How it works online! • EQUITY BASED: Not yet legal Online Business Planning Required
- 6. Strategies to Step 1: ID IP Step 2: Protect IP WHY WHO WHAT WHEN WHERE ✔
- 7. WHO: IP Ownership Challenges • Multiple Inventors • Who you are? Employee, Student? • Proper Assignment of IP Rights – personal versus company versus school • Assume that Ownership automatically extends outside the US
- 8. • Idea • URL • Name • Know how • Students • Team • School WHAT: Business Plan/Funding Presentation/Student Project
- 9. • Date of Idea/Invention (First to Invent First INVENTOR to file) • Date of Use • Date of Filing • Date of Conversion • Renewals WHEN: Key Dates to Remember
- 10. Strategies to Protect IP Filing: Patent/TM/Copyright $$$$$ OR Secret $
- 11. Strategies to Protect IP • Do it Yourself: – USPTO.gov – Copyright.gov • Hire a Professional: – Attorney, Consultant, Legal Zoom, Rocket Lawyer • Secrets: – Notary, IP Vault, Copyright software
- 12. • Inventor • Website • Software • Restaurant • Traklight! ` Case Studies 2/ 26/ 13 11:42 AMIP Awareness Assessm ent Page 1 of 2http:/ / www.uspto.gov/ inventors/ assessment/ assessment.html Accessibility Privacy Policy Terms of Use Security Emergencies/Security Alerts Information Quality Guidelines Federal Activities Inventory Reform (FAIR) Act Notification and Federal Employee Antidiscrimination and Retaliation (NoFEAR) Act Budget & Performance Freedom of Information Act Department of Commerce NoFEAR Act Report Regulations.gov STOP!Fakes.gov Department of Commerce USA.gov Strategy Targeting Organized Piracy (STOP!) Careers Site Index Contact Us USPTO Webmaster This page is owned by Inventor Resources. Trademarks Q5. Do you control and manage the proper use of your trademark by other users you have authorized? 1. Yes. 2. No. 3. Not sure. Next Before starting the assessment, please note: Save the link for this page as a favorite/bookmark on your browser. In the “Internet Options” of your browser, deselect/uncheck history on exit. This will allow you to return and resume your assessment session in case you cannot finish it in one sitting. This will also allow you to access your training materials and assessment results at your convenience. As you are answering the assessment questions, choose the answer that best applies to your business or circumstances as an independent invento r or individual. Where applicable, cho ose all the responses that apply to your situation. Responses or data collected in the assessment are not stored or used by the USPTO or NIST MEP. Important Notice Please note that any information provided here does not constitute legal advice, but is intended to increase your IP awareness. When filing an application for obtaining specific IP rights, it is recommended that you obtain professional legal assistance. The IP Awareness Assessment contains links to external websites. USPTO does not maintain those external sites and is not responsible for the material found therein. IP Strategies & Best Practices Trademarks Copyrights Design Patents Trade Secrets Utility Patents Using Technology of Others Licensing Technology to Others International IP Rights IP Asset Tracking IP category Last Modified: February 26, 2013
- 13. Be Prepared - Resources • CfPA, CfIRA • Crowdfundingroadmap.com Annual Oct 14th – 16th Convention & Bootcamp • Crowdfundcast.com – podcast • Getting Started with Crowdfunding Investing for Dummies in a Day • Crowfunding Hatchery • Traklight.com/IP Cloud – free resources
- 14. • Incubators & Accelerators • Mentors • SBDC • SCORE • Startup Arizona, America • Competitions – ACA Innovation Challenge • Resources – TrakLight.com - IP Cloud Strategies to Step 1: ID IP Step 2: Protect IP
- 15. Questions? Mary Juetten mejuetten@traklight.com @traklight IDENTIFY. PROTECT. SUCCEED. www.traklight.com Text IPHELPU to 72727 for the latest white paper Or visit bit.ly/IPHELPU
Editor's Notes
- Kaufman study – not a lot of primary research on IPIP Loss – customer list stolen, create a brand and materials but infringing, and computer code not belonging to youIt is not just legal, it is good business. Not just IP attorneys but business attorneys. TI makes more from licensing than products, 40% of US companies’ value does not appear on BS (50% in the EU)
- Car – represents Patents – think how many different patents are in a car.Coke – design of the bottleWebsite copyrightTrademark – Coke – protect from Brand confusion – l bought the wrong cookies! Looked it up Fig Newtons 1914ish and Newmans 1997 – hmmmmmm.Coke is $100 billion dollar brand and only $40 billion on the balance sheet…
- Example of startup – to show that actually patents least amount of the time - NAME, BRAND, BLOG, Customer or Supplier List, and then Invention or Product – has 100% IP. Patents are more rare for startups! Trade secrets – cheapest but can be easiest to lose.If you patented the wheel (which I found out recently is not the actual tire) if you did not have the right to make a tie rod Example of focus on IP patents, miss the boat on the others, some simple things like protecting Trade Secrets with employees.1 – Simply does not. Only protected in the US. And also actions within the US can impact outside - example patents – until March 2013 changes, once you file in US, you have disclosed your invention and kills ability for international patents. Also, if you publicly disclose your invention with enough detail, you have also killed your ability for international patents 2 – simple ex. copyright – when many parties are doing a project – like these slides to more complex & problematic – patents – if more than one person listed on a patent as owner – regardless of contribution – EACH owner has the right to independently exploit the patent WITHOUT consulting the other.Example of a person who goes to a university and gets one idea from a professor and puts into patent – are they required to list that person as an inventor? 3 – who is actual owner of the IP – if individual inventor or person who filed, need to have a formal written assignment to the Company to assign all the rights otherwise…. 4 – May have a patented process but if an exclusive license to use or sell has been executed, then important to disclose and to understand how/if that impacts your ability to attract investors. 5. For example if you have a contractor developing software for you and they in turn use some freeware and you are charging for the software. You pay the invoice for the contractor and you think that you own this new software. Issues – copyright infringement because free ware used and then resold; if you have not expressly outlined who owns the IP in the software in your contract, you may have not retained the rights to the software. Contractors are not same as employees.
- Approach is methodical, like a checklist
- Multiple inventors have the right
- First INVENTOR to FILE and can Disclose and File.
- Knowledge is PowerGet informed and you will save time and money.ABSOLUTELY get attorneys or consultants.
- Ask Audience what IP for each Case.Maria’s restaurant example - Have the name, working on the signage and everything, do not use yet but want to save money and wait to file until in use (means offered for sale) BUT someone else files – they win – explain Common Law TM but you do not have because not offered (explain Breanna’s pool concept – know your rights). Trade secrets need to be protected – process or recipes – have employees sign off and mention trade secrets specifically – also trade secret is different every state but need to take reasonable steps to protect something of value.Inventor – Phillip with Smart Focus, the need to document in proper inventors’ notebook and file patents but WAIT you infringed on a TM, any funding presentation, competition (crowdfunding will end up with a huge issue because Enabling Public Disclosure – all 3 are needed. Make sure all inventors’ listed – remember that if listed do NOT have to consult with you. Example from PGCC where the first guy said he did not have IP protection and was there seeking help and the second guy left an important piece at home.Website – copyright every 3 months for blog, careful re copyright taking others’ photos – just because no C does not mean that not still copyright issue. Also if you have videos done, make sure you have the copyright.Software created by outsiders – if they violate copyright and put into your code, can be a problem if not shown (open source read the T&Cs regardless). Need to have all IP assigned. Have business attorney check documents.DO NOT FORGET ABOUT managing IP – need to look for dates, renewals, maintenance fees etc.