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Technologist
IP Strategist             WHO AM I
Entrepreneur
   CEO


                INOLYST
What
Why
        INTELLECTUAL PROPERTY
When
Where


             INOLYST
YOU are closest to the


CUSTOMER PROBLEM
areas that need
INNOVATION
                  INOLYST
YOU are the driving force behind


PROBLEM SOLVING


                INOLYST
Yet many of STARTUPS do not think
of themselves as


INVENTORS


                INOLYST
INVENTION
is the generation of new ideas
aimed at solving a tech problem


INNOVATION
concerns the productizing of the
new ideas
                INOLYST
What is IPR- Classic ‘Real estate’ analogy




   Ideate     Protect             Manage   Monetize


                        INOLYST
Different form of IPR

                                             Trade secrets



Copyright                          Designs



             Trademark



 Patent                                                      Semiconductor
                                                                chipsets


            Geographical
             indicators




                         INOLYST
Patents- an introduction
They provide a set of exclusionary rights to the patentee
for a limited period of time in exchange for public
disclosure of the invention details in a patent application.


              What can be patented

Patentable subject matter should be:
• Novel (should not have been disclosed/practiced before)
• Non-obvious (should include an inventive step)
• Useful (should enable industrial application)

                            INOLYST
What cannot be patented

• Something that is frivolous- a medicine to make a
  human immortal or a perpetual motion machine
• An abstract theory or mathematical formula- the
  equation of relativity; Newton's laws of motion
• A thought or idea- the idea of super-fast space travel
  that is faster than the speed of light
• Anything available in nature - human genes
• Anything that goes against the laws of nature, public
  interest or morality
                           INOLYST
Lifecycle of a patent




       Reduction to
         practice
                                                                 20 years
           date



Conception            Filing     Publication   Grant                        Expiry
   date               date          date       date                          date

                           18 months
                             or less



                                                       INOLYST
Why do companies file for patents

• Enforce against a competitor

• Prevent the patenting by someone else

• Generate license revenue




                        INOLYST
Why do companies file for patents
                                        $3-$5
                                      million/2-3
• Enforce against a competitor           years


• Prevent the patenting by someone else

• Generate license revenue




                        INOLYST
Why do companies file for patents
                                        $3-$5
                                      million/2-3
• Enforce against a competitor           years


• Prevent the patenting by someone else
                                          Just publish
                                           it. Its free
• Generate license revenue




                        INOLYST
Why do companies file for patents
                                              $3-$5
                                            million/2-3
• Enforce against a competitor                 years


• Prevent the patenting by someone else
                                             Just publish
                                              it. Its free
• Generate license revenue
                            Only 5% of
                           patents in the
                             world are
                             licensed




                        INOLYST
Why do companies file for patents




               INOLYST
Why do companies file for patents




                                            Your customers
                                              & partners
                                                would
                                             appreciate it


• It’s a marketing collateral and a credential



                          INOLYST
Why do companies file for patents



                                                Deter
                                          infringement &
                                         run your business


• Have a defensive strategy than offensive

• It’s a marketing collateral and a credential



                          INOLYST
Why do companies file for patents

                                     Your investors
                                    would like it and
                                    helps in your exit

• Increases your valuation


• Have a defensive strategy than offensive

• It’s a marketing collateral and a credential




                          INOLYST
Build your own IP Strategy


• Where are your customers?

• Where are your competitors?

• Where do you wish to raise investment?

• What opportunities you have in international market?




                         INOLYST
When to file your IPR


• Before making it in public use or selling

• When you have a prototype ready or proof of
  concept

• Before a product launch




                           INOLYST
Improving on an existing product




  Already
  existing
                     Your solution               New Product




Your invention CANNOT be patented if it can’t be distinguished from the
previous invention


                                INOLYST
Improving on an existing product

    Already
    existing


                      New
                     Product
      Your
    Solution

                     CAN be patented

               INOLYST
Law- what you should know?

• I want to file a world patent

• India , EU and others - First to file

• US- First to Invent after March 2013 – First to file

• Software patents NOT allowed in India and Europe

• Software and Business method patents only allowed
  in US

• IP infringement is a criminal and civil offence in some
  countries
                            INOLYST
Law- what you should know?

• Public disclosure – grace period
   – USA, Canada (1 year) Asia (6 months) Europe,
     Japan, India and most countries (0 months)

• Priority date – The date when you file

• Prior art – Public information available before you
  file your patent




                          INOLYST
Lean startup methodology --> IP strategy


• IP strategy doesn't automatically mean filing of
  patents but Freedom to operate
• You need Freedom to Operate to launch your
  product or service
• Provisional Patent Application- file to get the earliest
  priority date and convert into a regular patent within
  12 months
• PCT application- the applicant can delay filing of the
  patent application to 30 months (31 months in some
  countries)
                           INOLYST
Consider IPR WHEN         IT MEANS

               And


NOT when you   have THE MEANS



                INOLYST
Thank You



Email : Dilip.kumar@inolyst.com

Website : www.inolyst.com

Twitter : @inolyst



                INOLYST

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Ip strategy for startups

  • 1. Technologist IP Strategist WHO AM I Entrepreneur CEO INOLYST
  • 2. What Why INTELLECTUAL PROPERTY When Where INOLYST
  • 3. YOU are closest to the CUSTOMER PROBLEM areas that need INNOVATION INOLYST
  • 4. YOU are the driving force behind PROBLEM SOLVING INOLYST
  • 5. Yet many of STARTUPS do not think of themselves as INVENTORS INOLYST
  • 6. INVENTION is the generation of new ideas aimed at solving a tech problem INNOVATION concerns the productizing of the new ideas INOLYST
  • 7. What is IPR- Classic ‘Real estate’ analogy Ideate Protect Manage Monetize INOLYST
  • 8. Different form of IPR Trade secrets Copyright Designs Trademark Patent Semiconductor chipsets Geographical indicators INOLYST
  • 9. Patents- an introduction They provide a set of exclusionary rights to the patentee for a limited period of time in exchange for public disclosure of the invention details in a patent application. What can be patented Patentable subject matter should be: • Novel (should not have been disclosed/practiced before) • Non-obvious (should include an inventive step) • Useful (should enable industrial application) INOLYST
  • 10. What cannot be patented • Something that is frivolous- a medicine to make a human immortal or a perpetual motion machine • An abstract theory or mathematical formula- the equation of relativity; Newton's laws of motion • A thought or idea- the idea of super-fast space travel that is faster than the speed of light • Anything available in nature - human genes • Anything that goes against the laws of nature, public interest or morality INOLYST
  • 11. Lifecycle of a patent Reduction to practice 20 years date Conception Filing Publication Grant Expiry date date date date date 18 months or less INOLYST
  • 12. Why do companies file for patents • Enforce against a competitor • Prevent the patenting by someone else • Generate license revenue INOLYST
  • 13. Why do companies file for patents $3-$5 million/2-3 • Enforce against a competitor years • Prevent the patenting by someone else • Generate license revenue INOLYST
  • 14. Why do companies file for patents $3-$5 million/2-3 • Enforce against a competitor years • Prevent the patenting by someone else Just publish it. Its free • Generate license revenue INOLYST
  • 15. Why do companies file for patents $3-$5 million/2-3 • Enforce against a competitor years • Prevent the patenting by someone else Just publish it. Its free • Generate license revenue Only 5% of patents in the world are licensed INOLYST
  • 16. Why do companies file for patents INOLYST
  • 17. Why do companies file for patents Your customers & partners would appreciate it • It’s a marketing collateral and a credential INOLYST
  • 18. Why do companies file for patents Deter infringement & run your business • Have a defensive strategy than offensive • It’s a marketing collateral and a credential INOLYST
  • 19. Why do companies file for patents Your investors would like it and helps in your exit • Increases your valuation • Have a defensive strategy than offensive • It’s a marketing collateral and a credential INOLYST
  • 20. Build your own IP Strategy • Where are your customers? • Where are your competitors? • Where do you wish to raise investment? • What opportunities you have in international market? INOLYST
  • 21. When to file your IPR • Before making it in public use or selling • When you have a prototype ready or proof of concept • Before a product launch INOLYST
  • 22. Improving on an existing product Already existing Your solution New Product Your invention CANNOT be patented if it can’t be distinguished from the previous invention INOLYST
  • 23. Improving on an existing product Already existing New Product Your Solution CAN be patented INOLYST
  • 24. Law- what you should know? • I want to file a world patent • India , EU and others - First to file • US- First to Invent after March 2013 – First to file • Software patents NOT allowed in India and Europe • Software and Business method patents only allowed in US • IP infringement is a criminal and civil offence in some countries INOLYST
  • 25. Law- what you should know? • Public disclosure – grace period – USA, Canada (1 year) Asia (6 months) Europe, Japan, India and most countries (0 months) • Priority date – The date when you file • Prior art – Public information available before you file your patent INOLYST
  • 26. Lean startup methodology --> IP strategy • IP strategy doesn't automatically mean filing of patents but Freedom to operate • You need Freedom to Operate to launch your product or service • Provisional Patent Application- file to get the earliest priority date and convert into a regular patent within 12 months • PCT application- the applicant can delay filing of the patent application to 30 months (31 months in some countries) INOLYST
  • 27. Consider IPR WHEN IT MEANS And NOT when you have THE MEANS INOLYST
  • 28. Thank You Email : Dilip.kumar@inolyst.com Website : www.inolyst.com Twitter : @inolyst INOLYST