Patents offer a unique form of protection, but only in specific countries
where the patent is applied.

With a patent you can actually gain exclusivity with a technology, but only
if you are willing to legally defend it. It is also a legitimate revenue
stream through royalities / licensing agreements. Some organisations
actually exist solely on their patent portfolio (e.g. Silverbrook Research).

Its not cheap to get a patent ($5k+, depending on if you use patent
attorneys, although the costs are spread out over 10 years), but you have a
limited timespan if you want to apply - 12 months after your product or
service is released. However, I suspect there are lots of gotchas in
applying for a patent, so its probably worthwhile getting a patent attorney
involved at an early stage.

You can apply for a provisional patent in the first 12 months, while you
test your target market. The burden of documentation is much lower, and then
you can determine if its worthwhile to file at the end of the 12 months to
keep your patent application alive.

A lot of people would argue that its not worthwhile getting a patent as a
startup, because its more important to be first to market. However, its an
opportunity you only get once, and is valuable with respect to defending
your market, getting finance from angels and VCs, etc.

By the way, IANAL, so get your own advice.

Cheers,

Nigel


On Sat, Oct 1, 2011 at 9:25 AM, drllau <[email protected]> wrote:

>
>
> On Sep 28, 7:55 pm, Alwin Chin <[email protected]> wrote:
> > Though IP is always somewhat in the back of my mind... got any tips for
> > those interested?
> >
>
> Only certain forms of IP are worth protecting (trade secrets such as
> customer lists, designs against counterfeiters, and trademarks for
> reputation). Patents only if the potential global market is worth 100M
> + and you need significant sunk investment.
>
> An idea (software/business process) by itself is not worth much
> without the execution and more important traction
>
> I believe it was Drucker or Buffet who said that a core competency (or
> competitive moat) is that even when you tell everyone, they can't
> duplicate it.
>
> Lawrence
> http://nz.linkedin.com/in/drllau
>
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