Have an idea you are looking to protect but not sure where to start? February’s speaker, Andrew Eisenberg, will discuss how to get your intellectual property strategy on the right track, even with a limited budget. Whether you are a sole inventor or part of a startup organization, this presentation will help you determine how to structure your intellectual property based on your industry. Andrew will discuss a variety of topics, including: · Timing with regards to filing an application · Benefits and pitfalls associated with filing a provisional application · Business plans for startups · Funding opportunities · Exit strategies · Best-case and worst-case scenarios

1. Protecting Innovation: Intellectual
Property Strategies for the
Inventors, Startups, and More …

2. About Your Speaker
Andrew L. Eisenberg
- Partner - Lee & Hayes, PLLC
- Former General Counsel – Audiotoinq, Inc.
- Registered Patent Attorney with the USPTO
- Named Inventor on 3 Issued Patents
- University of Michigan – B.S.E
- University of Notre Dame – J.D.
@andreweisenberg
P 512.456.5140 | C 248.895.5840
11501 Alterra Parkway, Suite 450 | Austin, Texas 78758

3. Why IP is Important
S&P 500 S&P 500
1970
Intangible
Today
Intangible
Tangible
Tangible
P 512.456.5140 | C 248.895.5840
11501 Alterra Parkway, Suite 450 | Austin, Texas 78758

4. - Trademarks
- Copyrights
- Patents
What is IP
P 512.456.5140 | C 248.895.5840
11501 Alterra Parkway, Suite 450 | Austin, Texas 78758

5. - Identifier in Commerce
- Characters, Symbols, Words, Phrases,
Slogans, Images, Design elements, Sounds,
Scents, Shapes
- Geographic limits
- Types of Goods or Services
Trademark – Basics
P 512.456.5140 | C 248.895.5840
11501 Alterra Parkway, Suite 450 | Austin, Texas 78758

6. - Company Name and Logo
- Product Names
- Branding
- Packaging / Product
What to Trademark
P 512.456.5140 | C 248.895.5840
11501 Alterra Parkway, Suite 450 | Austin, Texas 78758

7. - Trademark Search
- (USPTO.gov)
- Google
- Domain Name
- Graphic Designs
Trademarks - Tips
P 512.456.5140 | C 248.895.5840
11501 Alterra Parkway, Suite 450 | Austin, Texas 78758

8. - Instantaneous and Automatic
- Creative Expression v. Factual
Content and Ideas
- Term 150 or Life + 75
- Registration (copyright.gov)
- Statutory Damages
Copyright – Basics
P 512.456.5140 | C 248.895.5840
11501 Alterra Parkway, Suite 450 | Austin, Texas 78758

9. - Copying
- Distributing
- Reproduction/Performance
- Re-transmission
- Display
- Derivative Works
Copyright – Infringement
P 512.456.5140 | C 248.895.5840
11501 Alterra Parkway, Suite 450 | Austin, Texas 78758

10. Copyright – Tips
- Don’t cut and past images onto your
website
- IP agreements with your creative
contractors and employees
- includes your logo designer
P 512.456.5140 | C 248.895.5840
11501 Alterra Parkway, Suite 450 | Austin, Texas 78758

11. - Patents – Inventor
- Copyright – Creators
- Trademark – Creators and/or Registrants
- Physical Property – Depends
When to File - TrademarksPatent - Basics
- New, Useful, and Non-Obvious
- Must File – 1 year after Public
Disclosure
- Term is 20 years from Filing Date
P 512.456.5140 | C 248.895.5840
11501 Alterra Parkway, Suite 450 | Austin, Texas 78758

12. - Patents – Inventor
- Copyright – Creators
- Trademark – Creators and/or Registrants
- Physical Property – Depends
When to File - TrademarksPatent - Tips
- Don’t need a prototype or working model
- Keep applications pending
- Two applications are typically worth more
than double what a single patent
P 512.456.5140 | C 248.895.5840
11501 Alterra Parkway, Suite 450 | Austin, Texas 78758

13. - Patents – Inventor
- Copyright – Creators
- Trademark – Creators and/or Registrants
- Physical Property – Depends
When to File - TrademarksProvisional Patents
- Pros
- Reduced filing fees
- Can edit application
- Still in development
- Secures filing date
- Reduced requirements
- Never published if abandoned
- Cons
- Never issues as a patent
- Starts timer on non-provisional (regular filing)
- One year
- Only protects to extent subject matter is described
- Material changes can cause loss of filing date
P 512.456.5140 | C 248.895.5840
11501 Alterra Parkway, Suite 450 | Austin, Texas 78758

14. What Else Do I Need …
A person who has just an idea but they don’t
have the ability to take it to the next level so they
want to take it to big companies and see if they
are interested. They want to protect themselves
with a provisional or full patent.
A person who has a working prototype but is
afraid to approach people about it because they
think they may steal their idea.
They have a software or some other intangible
invention or idea and they are afraid someone
will copy and steal it.
They have concept about food or something
related to food that they want to protect.
Employment/Contractor Agreements
- Status (Employee/Independent Contractor)
- Position/Responsibilities
- Compensation
- Termination
- Tax Withholdings
- Patents – Inventor
- Copyright – Creators
- Trademark – Creators and/or Registrants
- Physical Property – Depends
When to File - Copyrights
- Patents – Inventor
- Copyright – Creators
- Trademark – Creators and/or Registrants
- Physical Property – Depends
When to File - Trademarks
- IP should be informed by the business plan
from an early stage
- Why do I want IP (what purpose does each asset
provide)
- Potential Buyers
- Investment/Credit
- Does my IP support my product and branding
- Future Growth
- Good Will
- Protection
- Can I earn a ROI
- Vertical License
- Merchandising
- Funded as part of the project
IP and Business Plans
P 512.456.5140 | C 248.895.5840
11501 Alterra Parkway, Suite 450 | Austin, Texas 78758

15. - Patents – Inventor
- Copyright – Creators
- Trademark – Creators and/or Registrants
- Physical Property – Depends
When to File - Copyrights
- Patents – Inventor
- Copyright – Creators
- Trademark – Creators and/or Registrants
- Physical Property – Depends
When to File - Trademarks
- Credit Lines
- Typically based on all tangible and intangible assets
- Most banks give no credit for IP
- Techniques and companies exist that can value IP
- Portfolios (e.g., 2 more assets) are more valuable
than a single asset
- Insurance in some cases can be obtained
when the IP is valued
- Bank may then increase credit lines
or issue loans based on the insurance value
- Valuation
- IP can be used to increase the valuation for a equity
round when taking on investors
Funding – Valuation
P 512.456.5140 | C 248.895.5840
11501 Alterra Parkway, Suite 450 | Austin, Texas 78758

16. Employment/Contractor Agreements
- Status (Employee/Independent Contractor)
- Position/Responsibilities
- Compensation
- Termination
- Tax Withholdings
- Patents – Inventor
- Copyright – Creators
- Trademark – Creators and/or Registrants
- Physical Property – Depends
When to File - Copyrights
- Patents – Inventor
- Copyright – Creators
- Trademark – Creators and/or Registrants
- Physical Property – Depends
When to File - Trademarks
- Sale of Company
- Buyer may require patents
- Increased valuation
- Sale of Assets
- IP can be packaged, valued, and infringers
identified
- The IP may then be sold (Non Practicing Entities,
Aggregators or Companies, or at Auction)
Exit Events
P 512.456.5140 | C 248.895.5840
11501 Alterra Parkway, Suite 450 | Austin, Texas 78758

17. - NDA (may be separate)
- Proprietary Information
- Specialized training
-Third party information
NondisclosureEmployment/Contractor Agreements
- Status (Employee/Independent Contractor)
- Position/Responsibilities
- Compensation
- Termination
- Tax Withholdings
- Patents – Inventor
- Copyright – Creators
- Trademark – Creators and/or Registrants
- Physical Property – Depends
When to File - Copyrights
- Patents – Inventor
- Copyright – Creators
- Trademark – Creators and/or Registrants
- Physical Property – Depends
When to File - Trademarks
- I have an idea but need investors support
for the next step
- I have an idea but need a prototype built
or help in finalizing the commercial
design
Examples
P 512.456.5140 | C 248.895.5840
11501 Alterra Parkway, Suite 450 | Austin, Texas 78758

18. - NDA (may be separate)
- Proprietary Information
- Specialized training
-Third party information
NondisclosureEmployment/Contractor Agreements
- Status (Employee/Independent Contractor)
- Position/Responsibilities
- Compensation
- Termination
- Tax Withholdings
- Patents – Inventor
- Copyright – Creators
- Trademark – Creators and/or Registrants
- Physical Property – Depends
When to File - Copyrights
- Patents – Inventor
- Copyright – Creators
- Trademark – Creators and/or Registrants
- Physical Property – Depends
When to File - Trademarks
- I have a prototype but need investors
support for the next step
- I have a product that is ready to sell
Examples
P 512.456.5140 | C 248.895.5840
11501 Alterra Parkway, Suite 450 | Austin, Texas 78758

19. - Tangible (Company property)
- Laptops, pagers, cell phones, corporate credit cards,
keys and/or access cards.
- Intangible
- Drawings, notes, memoranda, specifications, devices,
formulas, and documents
- All copies
- Third Party Information or Proprietary Information
- Inspection
- Property situated on the Company’s premises and
owned, leased, or licensed by the Company.
Return of Company Property
- NDA (may be separate)
- Proprietary Information
- Specialized training
-Third party information
NondisclosureEmployment/Contractor Agreements
- Status (Employee/Independent Contractor)
- Position/Responsibilities
- Compensation
- Termination
- Tax Withholdings
- Patents – Inventor
- Copyright – Creators
- Trademark – Creators and/or Registrants
- Physical Property – Depends
When to File - Copyrights
- Patents – Inventor
- Copyright – Creators
- Trademark – Creators and/or Registrants
- Physical Property – Depends
When to File - Trademarks
- I have developed software with a special
algorithm or formula
- My partner filed a patent on an idea we
jointly conceived of
Examples Continued
P 512.456.5140 | C 248.895.5840
11501 Alterra Parkway, Suite 450 | Austin, Texas 78758

20. - Tangible (Company property)
- Laptops, pagers, cell phones, corporate credit cards,
keys and/or access cards.
- Intangible
- Drawings, notes, memoranda, specifications, devices,
formulas, and documents
- All copies
- Third Party Information or Proprietary Information
- Inspection
- Property situated on the Company’s premises and
owned, leased, or licensed by the Company.
Return of Company Property
- NDA (may be separate)
- Proprietary Information
- Specialized training
-Third party information
NondisclosureEmployment/Contractor Agreements
- Status (Employee/Independent Contractor)
- Position/Responsibilities
- Compensation
- Termination
- Tax Withholdings
- Patents – Inventor
- Copyright – Creators
- Trademark – Creators and/or Registrants
- Physical Property – Depends
When to File - Copyrights
- Patents – Inventor
- Copyright – Creators
- Trademark – Creators and/or Registrants
- Physical Property – Depends
When to File - Trademarks
- Someone else filed for a trademark on
my company or product name
- I have creative designs for clothing or
furniture
Examples Continued
P 512.456.5140 | C 248.895.5840
11501 Alterra Parkway, Suite 450 | Austin, Texas 78758

21. - Tangible (Company property)
- Laptops, pagers, cell phones, corporate credit cards,
keys and/or access cards.
- Intangible
- Drawings, notes, memoranda, specifications, devices,
formulas, and documents
- All copies
- Third Party Information or Proprietary Information
- Inspection
- Property situated on the Company’s premises and
owned, leased, or licensed by the Company.
Return of Company Property
- NDA (may be separate)
- Proprietary Information
- Specialized training
-Third party information
NondisclosureEmployment/Contractor Agreements
- Status (Employee/Independent Contractor)
- Position/Responsibilities
- Compensation
- Termination
- Tax Withholdings
- Patents – Inventor
- Copyright – Creators
- Trademark – Creators and/or Registrants
- Physical Property – Depends
When to File - Copyrights
- Patents – Inventor
- Copyright – Creators
- Trademark – Creators and/or Registrants
- Physical Property – Depends
When to File - Trademarks
- Someone copied my code
- I have a novel food product
Examples Continued
P 512.456.5140 | C 248.895.5840
11501 Alterra Parkway, Suite 450 | Austin, Texas 78758

22. Questions?
P 512.456.5140 | C 248.895.5840
11501 Alterra Parkway, Suite 450 | Austin, Texas 78758

23. Learn More
Title: Trademarks What, When, Where, and Why
Date and Location: February 25 6:30pm - Lee & Hayes Domain 7 11501 Alterra Parkway, Suite 450 Austin, Texas 78758
Summery: Andrew will cover the basics of trademark law: what to know before filing, how trademarks work, and what
your responsibilities are once your trademark issues. Following the basics, we will cover untraditional uses of trademarks,
use of trademarks to enhance marketing campaigns, and ideas for monetizing trademarks.
Title: Intellectual Property and Startups – Gold or Fool’s Gold
Date and Location: July 2015 – Bellagio Las Vegas
Summery: Andrew will discuss the pros and cons of planning, obtaining, and maintaining intellectual property as it relates
to both high and low tech startups. We will also discuss the benefits and tradeoffs associated with allocating hard earned
investment dollars towards IP opposed to other growing business needs. During the conversation, Andrew will propose
several models for structuring a startup's intellectual property and lead a discussion relating the different models to
different industries.
Title: First Looks Forum and First Success - How to Use Crowdfunding in Texas
Date and Location: February 17 5:30pm – 7600 Brunet Rd # 130 Austin TX 78757
Summery: The presentation is by Hall Martin, the Founder and CEO of the Texas Entrepreneur Network. He leads the
largest crowdfunding portal in the state of Texas called the TEN Funding Portal. His funding programs have raised over
$141M for startups. He also serves as the Vice-Chair of the Baylor Angel Network and the Director of the Wilco Angel
Network. Join us online or in person for 30 minutes of key information if you plan to use crowdfunding.
P 512.456.5140 | C 248.895.5840
11501 Alterra Parkway, Suite 450 | Austin, Texas 78758