The document provides an overview of intellectual property (IP) essentials for startups, covering patents, trade secrets, trademarks, and copyrights. It includes key aspects such as the processes, costs, durations, and best practices associated with each type of IP protection. The content emphasizes the importance of maintaining confidentiality and strategic positioning in the marketplace through effective IP management.

1. ip crash course for startups: a practical approach ernest grumbles merchant & gould 1.27.2010

2. start with tacos

3. taco cabana…

4. signs…

5. inside the store…?

6. a taco patent…on a…

7. taco making machine…

8. a taco trademark

9. what is ip? Creations : technology/products brands writings/images/sound

10. forms of protection technology patents trade secrets brands trademarks trade dress/shapes writings/images copyright

11. 9 things about patents

12. patents-#1 what? exclude others from use of an invention. reward inventors for a limited period all countries have patent systems

13. patents-#2 why? market exclusivity strategic tool against competitors licensing revenue streams build value in business – “patent pending” set up company for investment, acquisition

14. patents-#3 examples

15. patents-#4 process identify inventions maintain secrecy gather information and prepare an application file with the pto hang on the wall

16. patents-#5 time to get 18 months to 5 years from filing of application. length varies by technology software patents – up to 5 years Claims may never issue.

17. patents-#6 cost $500 to $5000 for provisional application $4000-$18,000 for non-provisional application depends on technology, business goals and timing

18. patents-#7 duration 20 years from filing once it dies, it’s dead but: continuation-in-part applications

19. patents-#8 enforcement/defense search before new tech release patent litigation ain’t cheap $3 million in fees/costs would be a good deal for an active case cases can last 2-5 years

20. patents-#9 best practices do you know your IP? does the company own the ip?? what tech drives revenue? confidentiality provisional = quick “patent pending” periodically review R&D

21. 9 things about trade secrets

22. trade secrets-#1 what? confidential information that has value from not being generally known has protection only as long as secret kept – like the Coke formula protected by statute (like Uniform Trade Secrets Act) and contract

23. trade secrets-#2 why? build value in business – proprietary formulas/processes preserve market advantage keep secret forever – can’t with patents preserve patentability of inventions

24. trade secrets-#3 examples MARKET PLANS, FINANCIALS, SUPPLIER LISTS, CUSTOMER LISTS

25. trade secrets-#4 process maintain secrecy of data identify inventions control access consider a log

26. trade secrets-#5 time to get you own as soon as you create no formal filing process

27. trade secrets-#6 cost cost of development cost of maintaining secrecy

28. trade secrets-#7 duration perpetual – if it can be maintained as such coke formula the rabbit has to stay in the hat

29. trade secrets-#8 enforcement/defense when to sue? complex litigation often bundled with employee-related disputes (coke-pepsi) injunctions…! costs - $400k-$3 million

30. trade secrets-#9 best practices confidentiality policies (“CP’s”) use NDA’s when possible mark “confidential” materials as such protect sensitive materials (or facilities)

31. 9 things about trademarks

32. trademarks-#1 what exclusive use of brand for specified goods or services rights based on use in the marketplace U.S. federal and state level (statutes and common law) all countries have trademark systems

33. trademarks-#2 why market exclusivity for brands – unique association promote customer loyalty (TONY THE TIGER) prevent customer confusion strategic tool against competitors build value in business – ®

34. trademarks-#3 examples word mark: EXXON stylized word mark: design mark: TONY THE TIGER color: yellow for sticky note pads (“Post-Its”) product shape: the Coke bottle

35. trademarks-#4 process identify brands (incl. ones to be used) evaluate market significance/strength of mark search! federal v. state file application prosecute to registration

36. trademarks-#5 time to get common law – rights upon use federal registration process - can take 18 months state registrations – much quicker

37. trademarks-#6 cost trademark search - ~$700 U.S. tm app. - ~$1000 (single class). up to $2K in additional prosecution costs state tm’s – much cheaper foreign applications - generally more

38. trademarks-#7 duration perpetual??? registrations indefinitely renewable STELLA ARTOIS – claims rights back to 1366 when marks die – ASPIRIN, ZIPPER, DRY ICE, ESCALATOR (generic terms)

39. trademarks-#8 enforcement/defense sue for likelihood of confusion (similar mark on similar goods) trademark litigation ~$400K-$2M. most disputes settled cases can last 1-3 years.

40. trademarks-#9 best practices communicate with marketing/product teams on brands search before you sell! prioritize revenue-driver brands

41. trademarks-#9 best practices file Intent to Use (ITU) applications for quick protection maintain uniformity of use enforce rights

42. copyrights protects writings/images/sounds inexpensive to register protection lasts over 100 years register soon after public release protected by U.S. statutes good for company code, manuals, images

43. the end [email_address] www.ernestgrumbles.com 651.400.0629