Tools and tips for protecting value in start-up companies

Tools and tips for protecting

value in start-up companies

David Henricson Briggs

Johan Örneblad

2017-02-03

Bergenstråhle & Partners is a leading Swedish consultancy firm in innovation management. We are a niched IP

firm with our core competence in intellectual property, law and business development. Our clients are

innovation driven business that through their technology, design, brands or business models want to achieve

and maintain a unique market position.

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Bergenstråhle & Partners

Technology

and patentsIP law

Design and

trademarks

Strategy

consulting

=

Startup IP is complex

• Often very/too early

• Business model yet to be decided

• Issues around ownership/motivation

• No money

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Startup IP is interesting

• Can have a real impact on the company

• Interesting technology / offers

• Can will impact your ability to find financing

• Challenging, requires creativity from an attorney

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Who cares if you have got (registered) IP?

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• Register/patent prior to investment rounds to communicate the potential value in the company. (communicate value)

• Register/patent prior to meeting with your best potential customer/partner. (protecting your invention)

• If you ever want to exit, want investors, want international partners… etc –you need something to transfer. Make the conversation as simple as possible. ”We own X Y Z” (defining the assets)

Aim to control your brand and your technology

It is important to have control over your brand

• Protecting a brand by registration

– What can/should you register?

– TO DO before registering a trademark

• Managing your trademark portfolio (registered and

unregistered)

– Oppositions

– Infringements

• Managing your trademark usage (and how others use your trademarks!) and how your brand is to be perceived

Control ≠ blocking others

Control = determine how the asset can be used

Patents support brand building

• Patents protect inventions

– Protection lasts for 20 years from filing

Product life: indefinite

Patent protection: 20 yrs

Brand protection: indefinite while in use

Brand Structure – supporting company structure

Sold to Kellogg’s$2.7 Billion

Patent key points!

• Don’t rule out a patent without talking to (several, trusted) attorneys/experts

• Software is (often) patentable

• Find an attorney you trust and who understands your technology and your business.

• Match IP with your business model. Inform your attorney of your business model.

• Align the IP strategy with the business strategy – should you patent, publish or keep secret?

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My idea is obvious – at least it was to me!

• Is your invention really known? Probably not!

– Have all the features of your solution been described before in one place.

• Is it inventive? Maybe!

– Very tricky! Not for you or an amateur to judge if you’re unsure.

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Patents in software

• You can’t patent software in Europe

• No one cares about patents in software

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Get in touch!

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Contact

David Henricson Briggs

Patent Attorney

david.henricson.briggs@bergenstrahle.se

+46 (0)70 444 83 13

Contact

Johan Örneblad

Innovation Lawyer

johan.orneblad@bergenstrahle.se

+46 (0)73 975 63 81