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Patent Strategies For Small High-Technology Companies

Patent Strategies For Small High-Technology Companies. By David M. O’Dell ODellD@haynesboone.com 214.651.5262. Are you changing?. Intellectual Property Law. 1. Why IP is Important 2. What is a Patent? 3. Patent Strategies 4. Stories and Examples.

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Patent Strategies For Small High-Technology Companies

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  1. Patent Strategies For SmallHigh-Technology Companies By David M. O’Dell ODellD@haynesboone.com 214.651.5262 Are youchanging?

  2. Intellectual Property Law 1. Why IP is Important 2. What is a Patent? 3. Patent Strategies 4. Stories and Examples

  3. Intellectual Property Core Corporate Assets "In 1982... hard assets accounted for 62% of [a] company's market value; ten years later they made up only 38%. And these were the industrial's." Fortune, October 2, 1995

  4. Uses of Patents • Create Barrier To Stop Competitor • Priceline.com’s suit against Expedia • Generate Licensing Income • Priceline.com’s $1.5MM License to Alliance Mortgage • Defensive Cross-Licensing

  5. Intellectual Property Law 1. Why IP is Important 2. What is a Patent? 3. Patent Strategies 4. Stories and Examples

  6. What is a Patent? • Right to Exclude Others • A Bargain Struck with Government • Claims Define the Right - “Metes and Bounds” • Competitors Have Right to Design Around • Last for about 17 years

  7. Invention Must Be New and Non-Obvious • Not Patentable if Differences Between Prior Art and Invention Are “Obvious” • Easy to Show Non-Obviousness • “Person of Ordinary Skill” Standard • “Manner of Making” Not a Negative • “Commercial Success” Supports Non-Obviousness

  8. Level of Obviousness Today

  9. Examples of Patentable Subject Matter • Software • Signalling Methods • Business Methods (Telecom Services) • You Cannot Patent • Laws of Nature or • Abstract Ideas

  10. Software Patents Issuedby PTO Patents Issued

  11. Signalling Methods System for Controlling Usage of Phone Debit Cards

  12. Telecom Services

  13. Intellectual Property Law 1. Why IP is important 2. What is a Patent? 3. Patent Strategies 4. Stories and Examples

  14. Need For IP Strategy ”If small entrepreneurs want to protect themselves, they better get into the game.” Q. Todd Dickinson Acting Commissioner of Patents

  15. Reasons for Building a Patent Portfolio • Attract Venture Capital • Preserve Market Exclusivity • Generate Revenue • Defense Against Competitors • Increase Market Capitalization • Generate Publicity

  16. Right-to-Use and Clearance Searches • Check for any patents that will prevent you from entering the market place • Identify patent strategies of competitors • Identify design-around requirements

  17. Intellectual Property Law 1. Why IP is important 2. What is a Patent? 3. Patent STrategies 4. Stories and Examples

  18. Patent Patent The Computer Wars Compaq Dell Austin Computers

  19. The Computer Wars Compaq Dell Austin Computers

  20. Lessons Learned • The strategy of “we can do the same thing, only cheaper” does not usually work in a competitive environment • Building a strong patent portfolio of your own enables cross-licensing • Strategic partners also enable you to cross-license

  21. Patent Centillion Data Systems Sprint AT&T Centillion

  22. Centillion Data Systems Sprint AT&T Centillion

  23. Lessons Learned • Developing a niche idea or an adjunct-type system can often be successful • Acceptance and licensing by industry leaders (or by the general public) also serve to further validate your patent

  24. Patent Stacker & Windows Disk Doubler Stac Microsoft

  25. Stacker 4.0 & Windows Disk Doubler Stacker Microsoft

  26. Lessons Learned • Patents protect from encroachment • Limiting your business to your invention protects against cross-claims

  27. Patent Patent Patent Patent Patent Ball Semiconductor

  28. Lessons Learned • If you are entering a new, pioneering technology, a broad-reaching patent strategy adds value to your company • Modern example, nano technologies

  29. Tivo, Replay, & Amazon.com Each of these companies announced an issued patent and saw there stock take an immediate jump.

  30. Lessons Learned • Patents are valuable to investors

  31. Conclusion • Big players typically have a strong patent portfolio • Licensing and joint-venture can provide some level of patent protection • Start patent process soon • Even if Company fails, patents can still be a source of revenue

  32. Patent Strategies For SmallHigh-Technology Companies By David M. O’Dell ODellD@haynesboone.com 214.651.5262 Are youchanging?

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