SlideShare a Scribd company logo
How to Think About IP
(Intellectual Property)
David Smith, Counsel, Troutman Pepper
Click | the Startup Accelerator
for Corporate Partnership
1. One-on-one Readiness Review and Prescription
2. Mastermind sessions for high-touch, low-stakes
connection with corporates
3. Mentor Focus: observe or receive group
coaching from an expert
Click | the Startup Accelerator
for Corporate Partnership
corporateacceleratorforum.com/click
Discount Code for attendees (at the end!)
Idea to IPO
How to Think about IP
Followed by PRIVATE Mastermind & Group Coaching (Mentor Focus)
(subscribers and invited guests)
corporateacceleratorforum.com/click to subscribe
Follow the expert journey
with Click every other
month
October: Focus on
Contracts
Coming months: Focus
on Design, Focus on
Markets
Startups & Corporates in
between!
corporateacceleratorforum.com/
click
A leading authority on the legal
issues surrounding the
therapeutic use of human tissue
and cells and a veteran biotech
industry executive, David
counsels life sciences
companies on key commercial,
intellectual property and
regulatory matters.
You’re a specialist, how
does your guidance
apply outside of life
sciences?
🧬 ❓
👾
Slides from
David
W
hat if someone else
already has the
strongest position?
W
hat if it doesn’t
matter?
Of viability
Click Notes |
● IP fundamentals are the same across industries
even if the subtleties are different.
● Make sure it matters! Validate before you spend
too much time, money & energy on protection
What is Intellectual
Property (IP)? Is an
idea IP? When is an
idea IP?
💡❓
What is Intellectual
Property (IP)? Is an
idea IP? When is an
idea IP?
Anything created
through an intellectual
process.
This is key!
“You have to have articulated the thing that will get you to the
moon. You don’t actually have to have been there.”
🚀
🌔
Startups worry about
big companies stealing
their IP. Is that a real
concern? When is it a
real concern?
😬
Startups worry about
big companies stealing
their IP. Is that a real
concern? When is it a
real concern?
If you haven’t enabled
anything, it’s not IP.
Be first to file.
“If you leave a bag of money on the bus,
someone will pick it up”
💰
🚌
Click Notes |
● Your confidence in your IP strategy signals maturity
and makes everyone more comfortable.
● (David Smith nuance: Does your IP strategy
actually work? That’s a different question, you’ll
find out when it’s tested!)
What’s the first question startups should consider
when it comes to IP?
What’s the first
question startups
should consider when it
comes to IP?
🌉
What’s important?
“In a world with lots of rivers, you want to own the most
important bridge”
🌉
Is there anything I should share?
How can I keep that safe?
“You can’t say ‘I’m not at liberty to share’ when you’re on a
date and hoping for another!”
��
Click Note |
IP strategy is creating legal and mental boundaries:
What you will keep private and what you will disclose;
how you will collaborate and how you will remain
separate.
How should IP be
protected? What are
the options?
Disclosed.
defend
ShhhH!
NDAs usually have a time limit! (it
might be OK to share other
confidential information like
patent applications)
For text, images
(not the meaning!)
Distinctiveness (Name, logo,
packaging, etc.) -- register to
make it more enforceable
Read more from Harvard Business Review
What is patentable?
How are patents
evaluated? ��
When is a patent invalid?
How do I do a prior art
search? ��
How do I do a prior art
search?
● Build your search
terms, search, iterate,
consider language
change over time
● Get help from a prior
art search firm
Guidance and links from the US Patent Office
When do I need a
lawyer? How much
does it cost, and how
long will it take?
⚖
When do I need a
lawyer? How much
does it cost, and how
long will it take?
™ or © you can do!
For a valuable patent,
you need a lawyer.
10-20K USD -> $$$$
What are the elements of a patent application?
Anatomy of a patent
How do I make a good
patent? How broad
should my patent be?
How specific?
⛰ 📌
How broad should my
patent be? How
specific?
🪑
“If a cave-dweller patented ‘four-legged object people sit on,’
then a three-legged chair would not infringe.
‘Any human-made thing you sit on’ might be too aggressive for
the examiner.”
��
One key message for startups?
“Don’t assume you have to have
all of the answers at the start!”
✅
Join Click Today
The Startup Accelerator for
Corporate Partnership
Founder & CEO of a
Battery Capacity
startup that’s getting
deals with
corporates. What
does it look like
when it’s done right?
AR/VR Principal
Engineer with Luxury
travel brand Tui
REveals how startups
fit into the strategic
picture and how they
can get involved with
corporate innovation
Add Jonathan Tan
https://corporateacceleratorforum.com/click
Ongoing, events 2nd & 4th Tuesdays +, 190/month
Includes invitation to Mentor Focus or Mastermind session today!
First-month discount for webinar attendees:
40% if activated by September 1, 2022
Discount code: IPO
Thanks Idea to IPO!
Join Click Today
The Startup Accelerator for
Corporate Partnership
Q & A
https://corporateacceleratorforum.com/click
Ongoing, events 2nd & 4th Tuesdays +, 190/month
Includes invitation to Mentor Focus or Mastermind session today!
First-month discount for webinar attendees:
40% if activated by September 1, 2022
Discount code: IPO
Thanks Idea to IPO!
Join Click Today
The Startup Accelerator for
Corporate Partnership
Mastermind (general)
Mentor focus (group coaching)
Subscribers and special guests only

More Related Content

More from ideatoipo

How to Protect Your Intellectual Property
How to Protect Your Intellectual PropertyHow to Protect Your Intellectual Property
How to Protect Your Intellectual Property
ideatoipo
 
How to Systematize Your Job Search in 2024
How to Systematize Your Job Search in 2024How to Systematize Your Job Search in 2024
How to Systematize Your Job Search in 2024
ideatoipo
 
Top Ten Legal Mistakes That Could Doom Your Startup
Top Ten Legal Mistakes That Could Doom Your StartupTop Ten Legal Mistakes That Could Doom Your Startup
Top Ten Legal Mistakes That Could Doom Your Startup
ideatoipo
 
How to Recession-Proof Your Job Search in 2024
How to Recession-Proof Your Job Search in 2024How to Recession-Proof Your Job Search in 2024
How to Recession-Proof Your Job Search in 2024
ideatoipo
 
H1-B + U.S. Visa Options for Int'l Tech Professionals, Entrepreneurs & Investors
H1-B + U.S. Visa Options for Int'l Tech Professionals, Entrepreneurs & InvestorsH1-B + U.S. Visa Options for Int'l Tech Professionals, Entrepreneurs & Investors
H1-B + U.S. Visa Options for Int'l Tech Professionals, Entrepreneurs & Investors
ideatoipo
 
How to Strategically Prepare Your Job Search for 2024
How to Strategically Prepare Your Job Search for 2024How to Strategically Prepare Your Job Search for 2024
How to Strategically Prepare Your Job Search for 2024
ideatoipo
 
How to Secure Seed and Pre-Seed Investment for Your Startup
How to Secure Seed and Pre-Seed Investment for Your StartupHow to Secure Seed and Pre-Seed Investment for Your Startup
How to Secure Seed and Pre-Seed Investment for Your Startup
ideatoipo
 
How to Get Funding for Your Startup by Building Your Corporate Credit
How to Get Funding for Your Startup by Building Your Corporate CreditHow to Get Funding for Your Startup by Building Your Corporate Credit
How to Get Funding for Your Startup by Building Your Corporate Credit
ideatoipo
 
How to Raise Seed Funding for Your Startup: Convertible Notes and SAFEs
How to Raise Seed Funding for Your Startup: Convertible Notes and SAFEsHow to Raise Seed Funding for Your Startup: Convertible Notes and SAFEs
How to Raise Seed Funding for Your Startup: Convertible Notes and SAFEs
ideatoipo
 
Startup Law 101:How to Avoid Legal Pitfalls that Could Doom Your Startup
Startup Law 101:How to Avoid Legal Pitfalls that Could Doom Your StartupStartup Law 101:How to Avoid Legal Pitfalls that Could Doom Your Startup
Startup Law 101:How to Avoid Legal Pitfalls that Could Doom Your Startup
ideatoipo
 
How to Prepare Your Job Search for 2024 Success
How to Prepare Your Job Search for 2024 SuccessHow to Prepare Your Job Search for 2024 Success
How to Prepare Your Job Search for 2024 Success
ideatoipo
 
How to Move Your Startup Company to the U.S.
How to Move Your Startup Company to the U.S.How to Move Your Startup Company to the U.S.
How to Move Your Startup Company to the U.S.
ideatoipo
 
How to Do a Venture Capital Financing
How to Do a Venture Capital FinancingHow to Do a Venture Capital Financing
How to Do a Venture Capital Financing
ideatoipo
 
How to Move Your Startup Company to the U.S.
How to Move Your Startup Company to the U.S.How to Move Your Startup Company to the U.S.
How to Move Your Startup Company to the U.S.
ideatoipo
 
How to Secure Seed and Pre-Seed Investment for Your Startup
How to Secure Seed and Pre-Seed Investment for Your StartupHow to Secure Seed and Pre-Seed Investment for Your Startup
How to Secure Seed and Pre-Seed Investment for Your Startup
ideatoipo
 
How to Raise Seed Funding for Your Startup: Convertible Notes and SAFEs
How to Raise Seed Funding for Your Startup: Convertible Notes and SAFEsHow to Raise Seed Funding for Your Startup: Convertible Notes and SAFEs
How to Raise Seed Funding for Your Startup: Convertible Notes and SAFEs
ideatoipo
 
How to Secure Seed and Pre-Seed Investment for Your Startup
How to Secure Seed and Pre-Seed Investment for Your StartupHow to Secure Seed and Pre-Seed Investment for Your Startup
How to Secure Seed and Pre-Seed Investment for Your Startup
ideatoipo
 
Getting to Wow! (July 2023).pdf
Getting to Wow! (July 2023).pdfGetting to Wow! (July 2023).pdf
Getting to Wow! (July 2023).pdf
ideatoipo
 
How to Avoid Big Startup Mistakes
How to Avoid Big Startup MistakesHow to Avoid Big Startup Mistakes
How to Avoid Big Startup Mistakes
ideatoipo
 
How to Do a Venture Capital Financing
How to Do a Venture Capital FinancingHow to Do a Venture Capital Financing
How to Do a Venture Capital Financing
ideatoipo
 

More from ideatoipo (20)

How to Protect Your Intellectual Property
How to Protect Your Intellectual PropertyHow to Protect Your Intellectual Property
How to Protect Your Intellectual Property
 
How to Systematize Your Job Search in 2024
How to Systematize Your Job Search in 2024How to Systematize Your Job Search in 2024
How to Systematize Your Job Search in 2024
 
Top Ten Legal Mistakes That Could Doom Your Startup
Top Ten Legal Mistakes That Could Doom Your StartupTop Ten Legal Mistakes That Could Doom Your Startup
Top Ten Legal Mistakes That Could Doom Your Startup
 
How to Recession-Proof Your Job Search in 2024
How to Recession-Proof Your Job Search in 2024How to Recession-Proof Your Job Search in 2024
How to Recession-Proof Your Job Search in 2024
 
H1-B + U.S. Visa Options for Int'l Tech Professionals, Entrepreneurs & Investors
H1-B + U.S. Visa Options for Int'l Tech Professionals, Entrepreneurs & InvestorsH1-B + U.S. Visa Options for Int'l Tech Professionals, Entrepreneurs & Investors
H1-B + U.S. Visa Options for Int'l Tech Professionals, Entrepreneurs & Investors
 
How to Strategically Prepare Your Job Search for 2024
How to Strategically Prepare Your Job Search for 2024How to Strategically Prepare Your Job Search for 2024
How to Strategically Prepare Your Job Search for 2024
 
How to Secure Seed and Pre-Seed Investment for Your Startup
How to Secure Seed and Pre-Seed Investment for Your StartupHow to Secure Seed and Pre-Seed Investment for Your Startup
How to Secure Seed and Pre-Seed Investment for Your Startup
 
How to Get Funding for Your Startup by Building Your Corporate Credit
How to Get Funding for Your Startup by Building Your Corporate CreditHow to Get Funding for Your Startup by Building Your Corporate Credit
How to Get Funding for Your Startup by Building Your Corporate Credit
 
How to Raise Seed Funding for Your Startup: Convertible Notes and SAFEs
How to Raise Seed Funding for Your Startup: Convertible Notes and SAFEsHow to Raise Seed Funding for Your Startup: Convertible Notes and SAFEs
How to Raise Seed Funding for Your Startup: Convertible Notes and SAFEs
 
Startup Law 101:How to Avoid Legal Pitfalls that Could Doom Your Startup
Startup Law 101:How to Avoid Legal Pitfalls that Could Doom Your StartupStartup Law 101:How to Avoid Legal Pitfalls that Could Doom Your Startup
Startup Law 101:How to Avoid Legal Pitfalls that Could Doom Your Startup
 
How to Prepare Your Job Search for 2024 Success
How to Prepare Your Job Search for 2024 SuccessHow to Prepare Your Job Search for 2024 Success
How to Prepare Your Job Search for 2024 Success
 
How to Move Your Startup Company to the U.S.
How to Move Your Startup Company to the U.S.How to Move Your Startup Company to the U.S.
How to Move Your Startup Company to the U.S.
 
How to Do a Venture Capital Financing
How to Do a Venture Capital FinancingHow to Do a Venture Capital Financing
How to Do a Venture Capital Financing
 
How to Move Your Startup Company to the U.S.
How to Move Your Startup Company to the U.S.How to Move Your Startup Company to the U.S.
How to Move Your Startup Company to the U.S.
 
How to Secure Seed and Pre-Seed Investment for Your Startup
How to Secure Seed and Pre-Seed Investment for Your StartupHow to Secure Seed and Pre-Seed Investment for Your Startup
How to Secure Seed and Pre-Seed Investment for Your Startup
 
How to Raise Seed Funding for Your Startup: Convertible Notes and SAFEs
How to Raise Seed Funding for Your Startup: Convertible Notes and SAFEsHow to Raise Seed Funding for Your Startup: Convertible Notes and SAFEs
How to Raise Seed Funding for Your Startup: Convertible Notes and SAFEs
 
How to Secure Seed and Pre-Seed Investment for Your Startup
How to Secure Seed and Pre-Seed Investment for Your StartupHow to Secure Seed and Pre-Seed Investment for Your Startup
How to Secure Seed and Pre-Seed Investment for Your Startup
 
Getting to Wow! (July 2023).pdf
Getting to Wow! (July 2023).pdfGetting to Wow! (July 2023).pdf
Getting to Wow! (July 2023).pdf
 
How to Avoid Big Startup Mistakes
How to Avoid Big Startup MistakesHow to Avoid Big Startup Mistakes
How to Avoid Big Startup Mistakes
 
How to Do a Venture Capital Financing
How to Do a Venture Capital FinancingHow to Do a Venture Capital Financing
How to Do a Venture Capital Financing
 

How to Think About Intellectual Property

  • 1. How to Think About IP (Intellectual Property) David Smith, Counsel, Troutman Pepper
  • 2. Click | the Startup Accelerator for Corporate Partnership 1. One-on-one Readiness Review and Prescription 2. Mastermind sessions for high-touch, low-stakes connection with corporates 3. Mentor Focus: observe or receive group coaching from an expert
  • 3. Click | the Startup Accelerator for Corporate Partnership corporateacceleratorforum.com/click Discount Code for attendees (at the end!) Idea to IPO
  • 4. How to Think about IP Followed by PRIVATE Mastermind & Group Coaching (Mentor Focus) (subscribers and invited guests) corporateacceleratorforum.com/click to subscribe
  • 5. Follow the expert journey with Click every other month October: Focus on Contracts Coming months: Focus on Design, Focus on Markets Startups & Corporates in between! corporateacceleratorforum.com/ click
  • 6. A leading authority on the legal issues surrounding the therapeutic use of human tissue and cells and a veteran biotech industry executive, David counsels life sciences companies on key commercial, intellectual property and regulatory matters.
  • 7. You’re a specialist, how does your guidance apply outside of life sciences? 🧬 ❓ 👾
  • 9. W hat if someone else already has the strongest position? W hat if it doesn’t matter? Of viability
  • 10. Click Notes | ● IP fundamentals are the same across industries even if the subtleties are different. ● Make sure it matters! Validate before you spend too much time, money & energy on protection
  • 11. What is Intellectual Property (IP)? Is an idea IP? When is an idea IP? 💡❓
  • 12. What is Intellectual Property (IP)? Is an idea IP? When is an idea IP? Anything created through an intellectual process. This is key!
  • 13. “You have to have articulated the thing that will get you to the moon. You don’t actually have to have been there.” 🚀 🌔
  • 14. Startups worry about big companies stealing their IP. Is that a real concern? When is it a real concern? 😬
  • 15. Startups worry about big companies stealing their IP. Is that a real concern? When is it a real concern? If you haven’t enabled anything, it’s not IP. Be first to file.
  • 16. “If you leave a bag of money on the bus, someone will pick it up” 💰 🚌
  • 17. Click Notes | ● Your confidence in your IP strategy signals maturity and makes everyone more comfortable. ● (David Smith nuance: Does your IP strategy actually work? That’s a different question, you’ll find out when it’s tested!)
  • 18. What’s the first question startups should consider when it comes to IP?
  • 19. What’s the first question startups should consider when it comes to IP? 🌉 What’s important?
  • 20. “In a world with lots of rivers, you want to own the most important bridge” 🌉
  • 21. Is there anything I should share? How can I keep that safe?
  • 22. “You can’t say ‘I’m not at liberty to share’ when you’re on a date and hoping for another!” ��
  • 23. Click Note | IP strategy is creating legal and mental boundaries: What you will keep private and what you will disclose; how you will collaborate and how you will remain separate.
  • 24. How should IP be protected? What are the options?
  • 25.
  • 26. Disclosed. defend ShhhH! NDAs usually have a time limit! (it might be OK to share other confidential information like patent applications) For text, images (not the meaning!) Distinctiveness (Name, logo, packaging, etc.) -- register to make it more enforceable Read more from Harvard Business Review
  • 28.
  • 29.
  • 30.
  • 32.
  • 33.
  • 34. When is a patent invalid?
  • 35.
  • 36. How do I do a prior art search? ��
  • 37. How do I do a prior art search? ● Build your search terms, search, iterate, consider language change over time ● Get help from a prior art search firm Guidance and links from the US Patent Office
  • 38. When do I need a lawyer? How much does it cost, and how long will it take? ⚖
  • 39. When do I need a lawyer? How much does it cost, and how long will it take? ™ or © you can do! For a valuable patent, you need a lawyer. 10-20K USD -> $$$$
  • 40. What are the elements of a patent application?
  • 41. Anatomy of a patent
  • 42. How do I make a good patent? How broad should my patent be? How specific? ⛰ 📌
  • 43. How broad should my patent be? How specific? 🪑
  • 44. “If a cave-dweller patented ‘four-legged object people sit on,’ then a three-legged chair would not infringe. ‘Any human-made thing you sit on’ might be too aggressive for the examiner.” ��
  • 45. One key message for startups?
  • 46. “Don’t assume you have to have all of the answers at the start!” ✅
  • 47.
  • 48. Join Click Today The Startup Accelerator for Corporate Partnership Founder & CEO of a Battery Capacity startup that’s getting deals with corporates. What does it look like when it’s done right? AR/VR Principal Engineer with Luxury travel brand Tui REveals how startups fit into the strategic picture and how they can get involved with corporate innovation Add Jonathan Tan
  • 49. https://corporateacceleratorforum.com/click Ongoing, events 2nd & 4th Tuesdays +, 190/month Includes invitation to Mentor Focus or Mastermind session today! First-month discount for webinar attendees: 40% if activated by September 1, 2022 Discount code: IPO Thanks Idea to IPO! Join Click Today The Startup Accelerator for Corporate Partnership
  • 50. Q & A
  • 51. https://corporateacceleratorforum.com/click Ongoing, events 2nd & 4th Tuesdays +, 190/month Includes invitation to Mentor Focus or Mastermind session today! First-month discount for webinar attendees: 40% if activated by September 1, 2022 Discount code: IPO Thanks Idea to IPO! Join Click Today The Startup Accelerator for Corporate Partnership
  • 52. Mastermind (general) Mentor focus (group coaching) Subscribers and special guests only