patent strategy for startups

14
WHAT DO STARTUPS NEED TO KNOW ABOUT PATENT LAW BY JEFFREY SCHOX SCHOX PATENT GROUP

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Patent Strategy for Startups. Presented by Schox at O'Reilly SOLID 2014 conference in San Francisco.

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Page 1: Patent strategy for startups

WHAT DO STARTUPS NEED TO KNOW ABOUT PATENT LAW

BY JEFFREY SCHOX

SCHOX PATENT GROUP

Page 2: Patent strategy for startups

Who am I?

Angel Investor

Patent Attorney

Professor

Entrepreneur

Page 3: Patent strategy for startups

Why build a patent portfolio? What is patentable? How to identify inventions? When to file a patent application? Who to choose as a patent attorney?

Page 4: Patent strategy for startups

• enforce against a competitor

!

Why build a patent portfolio?

Page 5: Patent strategy for startups

• enforce against a competitor

!

Why build a patent portfolio?

*Takes 2-3 years to get a patent, and costs $3-5M to enforce.

*

Page 6: Patent strategy for startups

• enforce against a competitor

!

Why build a patent portfolio?

• increase valuation

• deter patent infringement lawsuit

Page 7: Patent strategy for startups

What is patentable?

General Concept

Specific ProductNot

Valuable

Not Patentable

Page 8: Patent strategy for startups

What is patentable?

Valuable, Patentable Invention

Page 9: Patent strategy for startups

How to identify inventions?filed should have filed

Wrongly filed patent applications: wastes money, wastes time, and

teaches inventions.

Page 10: Patent strategy for startups

How to identify inventions?filed should have filed

Omitted patent applications: lost valuation and

increased vulnerabilities

Page 11: Patent strategy for startups

How to identify inventions?

1. incentivize engineers to identify inventions 2. evaluate in isolation from other inventions

!

1. determine strategy (CEO, CFO, CTO) 2. uncover inventions

Bottom Up

Top Down

Page 12: Patent strategy for startups

When to file a patent application?

APPPRV

Alpha

Beta

DFM

Page 13: Patent strategy for startups

Who to choose as a patent attorney?

ProximityLaw

Business

Technology

Page 14: Patent strategy for startups

Book on Amazon Stanford Lectures on iTunes Presentations on YouTube

angel.co/jschox

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