Intellectual property attorney Dr. Steven Colby will discuss how entrepreneurs can protect their intellectual property. Steve will discuss the following: How can intellectual property make or break your startup? Why should you file patent applications as an early stage startup? When should I start filing patent applications? What does a patent application cost? What is patentable? What types of intellectual property can I get? (copyright, trademark, secrets) What do I need to know about other people’s intellectual property? (infringement, open source, employees, past employers) What big intellectual property mistakes should I avoid? When do I need to use non-disclosure agreements (NDAs)?

1. HOW TO PROTECT
YOUR INTELLECTUAL
PROPERTY
IDEATO IPO
Steven Colby, JD, Ph.D.
Patent Attorney – Rimon Law, PC
steven.colby@rimonlaw.com
© Steven Colby 2021-2022
June 1, 2022

2. WHY WOULD
YOU DO THIS?
WHY WOULD A CASH LIMITED STARTUP
PUT THOUSANDS OF DOLLARS INTOTHE
DEVELOPMENT OF AN IP PORTFOLIO?

3. WHAT CAN I GET?
• Copyright
• Trademark
• Trade Secrets
• Patents

4. COMMON TYPES OF PATENTS
PROVISIONAL
• Placeholder
• Quick & Easy
• Inexpensive
• ONEYear
NON-PROVISIONAL
• Ornamental
• 14 years
• Moderate Cost
DESIGN
• Enforceable Rights
• 20 years
• High Cost

5. WILL I RULE THE
WORLD WITH
MY PATENTS?

6. WHEN DO I NEED TO START
THINKING ABOUT IP?
• Yesterday….

7. WHAT DOES THIS ALL COST?
2500
18000
30000
$0
$5,000
$10,000
$15,000
$20,000
$25,000
$30,000
$35,000
Provisional Non-Provisional filing Patent Issue
Patent Costs (US)
First Application Family Members

8. OWNERSHIP
• Ownership initially vests in the
INVENTORS
• Applications must be assigned to
the company
• Assign Clauses
• Employer IP
• Open source trap
• Assignment process

9. STRATEGY
• Patent for the Marketing Person,
Not the Engineer
• Product Driven
• Focus onValuation
• Make IP more than just a Checkbox

10. OTHER PEOPLE’S IP
• The start-up viewpoint
• Read the literature
• Keep records

11. MISTAKES
1) Ownership
2) Ownership
3) Waiting
4) No Strategy
5) Understanding the Patent
1) Specification
2) Claims