This document provides an overview of intellectual property protection for startups. It discusses why startups should develop an IP portfolio despite limited funds. It then outlines the different types of IP protection available, including copyrights, trademarks, trade secrets, and patents. For patents, it describes provisional, non-provisional, and design patents and their associated costs. The document advises starting to consider IP protection as early as possible and provides estimated costs for patent filing and prosecution. It also covers important considerations like ownership, strategy, reviewing other companies' IP, and common mistakes.

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
November 14, 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 NEEDTO 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