Thursday, September 28, 2023
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IP for startups: Strategy is the starting point

Intellectual property can be an effective tool for your startup. It can prevent competitors from using your technology and significantly increase the value of your business.

If your intellectual property prevents a large company from doing what it desires, that could be a sufficient reason to acquire you.

In this new series, we speak with Michele Moreland, a general partner at Aventurine, an investment firm that prioritizes intellectual property.

Throughout her tenure, Michele has been at the forefront of IP strategy and has been responsible for $3 billion in patent verdicts as a portfolio strategist. As a trial attorney, Michele represented Qualcomm, Amgen, and Nvidia, three of the most prominent technology companies of our time.

Then, what is IP? Well, it refers to “creations of the mind,” including inventions, literary and artistic works, designs, symbols, names, and business-related imagery. While some intellectual property (IP), such as this article, is already copyright-protected because I wrote it, other IP, like trademarks and patents, requires active protection.

In this series, we examine the various forms of intellectual property, including patents, copyrights, trademarks, and trade secrets, from the perspective of early-stage startups. What do you, as a startup founder, need to consider—where, when, and how much it will cost—when safeguarding the intellectual property your company develops?

Beginning with the why,”

“Oftentimes, people believe that obtaining a patent is sufficient to attract venture capitalists,” said Moreland. “However, you must adopt a broader perspective if you want the intellectual property to serve as a pillar for the business, potentially create value, and possibly provide support in the context of a future exit.”

Numerous factors must be considered, but the starting point is your company’s market position and the territory you occupy relative to your competitors. This includes considering the geographic location of your company, its customers, and potential acquirers.

You must consider the categories of intellectual property that may benefit your business and the individuals who must be involved in the strategy and implementation of your intellectual property approach.

“I believe that certain members of the organization are overlooked. That may be an error. ” From my litigation experience, I have observed that outcomes may have been different if certain marketing personnel had been involved in the initial discussion of intellectual property,” Moreland said. “From a 100,000-foot perspective, the discussion begins with ‘Where are we?’ and ‘Where do we want to go?'”




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