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PROTECTING YOUR IDEAS
                               Mary Juetten, Founder & CEO




"TRAKLIGHT", "ID YOUR IP", "IP VAULT", and "IP CLOUD" are registered trademarks of The PIP Vault, LLC. © MMXIII The PIP Vault, LLC. All Rights Reserved.
Got Intellectual Property?
                    Why Care…
• IP theft costs US companies $250
billion annually
• 100% of all companies have IP
• 700K new startups annually vs. 20%
protected IP after 1st year
• IP is most valuable asset and not on
your Balance Sheet
• Exclude competition; Attract
investment (incl. crowdfunding);
Leverage & license
• Avoid IP loss, infringement, or
business failure
Disclaimer: This is intended to be general information. Nothing in this presentation constitutes
legal advice. Please consult with an attorney before making any intellectual property protection
decisions.
What is IP?
•   Patents (utility & design)
•   Copyright ©
•   Trademark/Service mark TM SM ®
•   Trade secrets – unsung heroes
IP Misconceptions
• IP is just for Tech Startups or Tech companies
     & Patents are the only IP for inventors

• Trade secrets are the easiest to protect because
     there is no registration.

• You can copy anything without a copyright ©
• You can copyright an idea.
• Domain = TM
• If I pay for it, I own it.
• Patents means right to make
    or sell
Intellectual Property &
       Crowdfunding
• REWARDS BASED:

Kickstarter, Indiegogo, Rocket Hub  How it
works online!

• EQUITY BASED:

Not yet legal  Online Business Planning
Required
Strategies to
     1.ID IP 2.Protect IP

✔   WHY

    WHO

    WHAT

    WHEN

    WHERE
WHO: IP Ownership Challenges
• Multiple Inventors
• Who you are? Employee of another company
• Proper Assignment of IP Rights – personal versus
  company
• Assume that Ownership automatically extends outside
  the US
WHAT: Business Plan/Funding
           Presentation
•   Idea
•   URL
•   Name
•   Know how
•   Employees
•   Contractors
WHEN: Key Dates to Remember

• Date of Idea/Invention (First to Invent  First
  INVENTOR to file)
• Date of Use
• Date of Filing
• Date of Conversion
• Renewals
Strategies to Protect IP
Filing:
Patent/TM/Copyright $$$$$

OR

Secret $
Strategies to Protect IP
• Do it Yourself:
   – USPTO.gov
   – Copyright.gov


• Hire a Professional:
   – Attorney, Consultant, Legal Zoom, Rocket Lawyer


• Secrets:
   – Notary, IP Vault, Copyright software
Case Studies
                 IP Awareness Assessm ent                                                                                                                                   2/ 26/ 13 11:42 AM




•   Inventor
•
                         IP category                                        Trademarks




    Website                IP Strategies & Best Practices

                         Trademarks

                         Copyrights

                         Design Patents
                                                                                     `
                                                                            Q5. Do you control and manage the proper use of your trademark by other users
                                                                            you have authorized?


                                                                                 1. Yes.
                                                                                 2. No.
                                                                                 3. Not sure.




•
                         Trade Secrets




    Software
                         Utility Patents

                         Using Technology of Others   Next




                         Licensing Technology to Others

                         International IP Rights

                         IP Asset Tracking
                                                                            Before starting the assessment, please note:




•
                                                                                     Save the link for this page as a favorite/bookmark on your browser.




    Restaurant
                                                                                     In the “Internet Options” of your browser, deselect/uncheck history on exit. This will allow you
                                                                                     to return and resume your assessment session in case you cannot finish it in one sitting. This will
                     Important Notice                                                also allow you to access your training materials and assessment results at your convenience.
                     Please note that any information provided                       As you are answering the assessment questions, choose the answer that best applies to your
                     here does not constitute legal advice, but is
                                                                                     business or circumstances as an independent invento r or individual. Where applicable, cho ose all
                     intended to increase your IP awareness.
                     When filing an application for obtaining                        the responses that apply to your situation.
                     specific IP rights, it is recommended that you                  Responses or data collected in the assessment are not stored or used by the USPTO or NIST MEP.
                     obtain professional legal assistance. The IP
                     Awareness Assessment contains links to




•
                     external websites. USPTO does not maintain




    Traklight!
                     those external sites and is not responsible for
                     the material found therein.

                                           Accessibility                       Federal Activities Inventory         Department of Commerce              Strategy Targeting Organized
                                           Privacy Policy                      Reform (FAIR) Act                    NoFEAR Act Report                   Piracy (STOP!)
                                           Terms of Use                        Notification and Federal             Regulations.gov                     Careers
                                           Security                            Employee Antidiscrimination          STOP!Fakes.gov                      Site Index
                                                                               and Retaliation (NoFEAR) Act         Department of Commerce              Contact Us
                                           Emergencies/Security Alerts
                                                                               Budget & Performance                 USA.gov                             USPTO Webmaster
                                           Information Quality Guidelines
                                                                               Freedom of Information Act

                     This page is owned by Inventor Resources.                                                                                        Last Modified: February 26, 2013




                 http:/ / www.uspto.gov/ inventors/ assessm ent/ assessm ent.htm l                                                                                                  Page 1 of 2
Be Prepared - Resources
• CfPA, CfIRA
• Crowdfundingroadmap.com
  Annual Oct 14th – 16th
  Convention & Bootcamp
• Crowdfundcast.com – podcast
• Getting Started with
  Crowdfunding Investing for
  Dummies in a Day
• Crowfunding Hatchery
• Traklight.com/IP Cloud – free
  resources
Strategies to
           1.ID IP 2.Protect IP
•   Incubators & Accelerators
•   Mentors
•   SBDC
•   SCORE
•   Startup Arizona, America
•   Competitions – ACA
    Innovation Challenge

• Resources – TrakLight.com
  - IP Cloud
Thank You



   IDENTIFY. PROTECT. SUCCEED.
          www.traklight.com




     Mary Juetten
     mejuetten@traklight.com
     @traklight

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Got IP? Protect it with TrakLight

  • 1. PROTECTING YOUR IDEAS Mary Juetten, Founder & CEO "TRAKLIGHT", "ID YOUR IP", "IP VAULT", and "IP CLOUD" are registered trademarks of The PIP Vault, LLC. © MMXIII The PIP Vault, LLC. All Rights Reserved.
  • 2. Got Intellectual Property? Why Care… • IP theft costs US companies $250 billion annually • 100% of all companies have IP • 700K new startups annually vs. 20% protected IP after 1st year • IP is most valuable asset and not on your Balance Sheet • Exclude competition; Attract investment (incl. crowdfunding); Leverage & license • Avoid IP loss, infringement, or business failure Disclaimer: This is intended to be general information. Nothing in this presentation constitutes legal advice. Please consult with an attorney before making any intellectual property protection decisions.
  • 3. What is IP? • Patents (utility & design) • Copyright © • Trademark/Service mark TM SM ® • Trade secrets – unsung heroes
  • 4. IP Misconceptions • IP is just for Tech Startups or Tech companies & Patents are the only IP for inventors • Trade secrets are the easiest to protect because there is no registration. • You can copy anything without a copyright © • You can copyright an idea. • Domain = TM • If I pay for it, I own it. • Patents means right to make or sell
  • 5. Intellectual Property & Crowdfunding • REWARDS BASED: Kickstarter, Indiegogo, Rocket Hub  How it works online! • EQUITY BASED: Not yet legal  Online Business Planning Required
  • 6. Strategies to 1.ID IP 2.Protect IP ✔ WHY WHO WHAT WHEN WHERE
  • 7. WHO: IP Ownership Challenges • Multiple Inventors • Who you are? Employee of another company • Proper Assignment of IP Rights – personal versus company • Assume that Ownership automatically extends outside the US
  • 8. WHAT: Business Plan/Funding Presentation • Idea • URL • Name • Know how • Employees • Contractors
  • 9. WHEN: Key Dates to Remember • Date of Idea/Invention (First to Invent  First INVENTOR to file) • Date of Use • Date of Filing • Date of Conversion • Renewals
  • 10. Strategies to Protect IP Filing: Patent/TM/Copyright $$$$$ OR Secret $
  • 11. Strategies to Protect IP • Do it Yourself: – USPTO.gov – Copyright.gov • Hire a Professional: – Attorney, Consultant, Legal Zoom, Rocket Lawyer • Secrets: – Notary, IP Vault, Copyright software
  • 12. Case Studies IP Awareness Assessm ent 2/ 26/ 13 11:42 AM • Inventor • IP category Trademarks Website IP Strategies & Best Practices Trademarks Copyrights Design Patents ` Q5. Do you control and manage the proper use of your trademark by other users you have authorized? 1. Yes. 2. No. 3. Not sure. • Trade Secrets Software Utility Patents Using Technology of Others Next Licensing Technology to Others International IP Rights IP Asset Tracking Before starting the assessment, please note: • Save the link for this page as a favorite/bookmark on your browser. Restaurant In the “Internet Options” of your browser, deselect/uncheck history on exit. This will allow you to return and resume your assessment session in case you cannot finish it in one sitting. This will Important Notice also allow you to access your training materials and assessment results at your convenience. Please note that any information provided As you are answering the assessment questions, choose the answer that best applies to your here does not constitute legal advice, but is business or circumstances as an independent invento r or individual. Where applicable, cho ose all intended to increase your IP awareness. When filing an application for obtaining the responses that apply to your situation. specific IP rights, it is recommended that you Responses or data collected in the assessment are not stored or used by the USPTO or NIST MEP. obtain professional legal assistance. The IP Awareness Assessment contains links to • external websites. USPTO does not maintain Traklight! those external sites and is not responsible for the material found therein. Accessibility Federal Activities Inventory Department of Commerce Strategy Targeting Organized Privacy Policy Reform (FAIR) Act NoFEAR Act Report Piracy (STOP!) Terms of Use Notification and Federal Regulations.gov Careers Security Employee Antidiscrimination STOP!Fakes.gov Site Index and Retaliation (NoFEAR) Act Department of Commerce Contact Us Emergencies/Security Alerts Budget & Performance USA.gov USPTO Webmaster Information Quality Guidelines Freedom of Information Act This page is owned by Inventor Resources. Last Modified: February 26, 2013 http:/ / www.uspto.gov/ inventors/ assessm ent/ assessm ent.htm l Page 1 of 2
  • 13. Be Prepared - Resources • CfPA, CfIRA • Crowdfundingroadmap.com Annual Oct 14th – 16th Convention & Bootcamp • Crowdfundcast.com – podcast • Getting Started with Crowdfunding Investing for Dummies in a Day • Crowfunding Hatchery • Traklight.com/IP Cloud – free resources
  • 14. Strategies to 1.ID IP 2.Protect IP • Incubators & Accelerators • Mentors • SBDC • SCORE • Startup Arizona, America • Competitions – ACA Innovation Challenge • Resources – TrakLight.com - IP Cloud
  • 15. Thank You IDENTIFY. PROTECT. SUCCEED. www.traklight.com Mary Juetten mejuetten@traklight.com @traklight

Notas del editor

  1. Kaufman study – not a lot of primary research on IPIP Loss – customer list stolen, create a brand and materials but infringing, and computer code not belonging to youIt is not just legal, it is good business. Not just IP attorneys but business attorneys. TI makes more from licensing than products, 40% of US companies’ value does not appear on BS (50% in the EU)
  2. Car – represents Patents – think how many different patents are in a car.Coke – design of the bottleWebsite copyrightTrademark – Coke – protect from Brand confusion – l bought the wrong cookies! Looked it up Fig Newtons 1914ish and Newmans 1997 – hmmmmmm.Coke is $100 billion dollar brand and only $40 billion on the balance sheet…
  3. Example of startup – to show that actually patents least amount of the time - NAME, BRAND, BLOG, Customer or Supplier List, and then Invention or Product – has 100% IP. Patents are more rare for startups! Trade secrets – cheapest but can be easiest to lose.If you patented the wheel (which I found out recently is not the actual tire) if you did not have the right to make a tie rod Example of focus on IP patents, miss the boat on the others, some simple things like protecting Trade Secrets with employees.1 – Simply does not. Only protected in the US. And also actions within the US can impact outside - example patents – until March 2013 changes, once you file in US, you have disclosed your invention and kills ability for international patents. Also, if you publicly disclose your invention with enough detail, you have also killed your ability for international patents 2 – simple ex. copyright – when many parties are doing a project – like these slides to more complex & problematic – patents – if more than one person listed on a patent as owner – regardless of contribution – EACH owner has the right to independently exploit the patent WITHOUT consulting the other.Example of a person who goes to a university and gets one idea from a professor and puts into patent – are they required to list that person as an inventor?  3 – who is actual owner of the IP – if individual inventor or person who filed, need to have a formal written assignment to the Company to assign all the rights otherwise…. 4 – May have a patented process but if an exclusive license to use or sell has been executed, then important to disclose and to understand how/if that impacts your ability to attract investors. 5. For example if you have a contractor developing software for you and they in turn use some freeware and you are charging for the software. You pay the invoice for the contractor and you think that you own this new software. Issues – copyright infringement because free ware used and then resold; if you have not expressly outlined who owns the IP in the software in your contract, you may have not retained the rights to the software. Contractors are not same as employees. 
  4. Approach is methodical, like a checklist
  5. Multiple inventors have the right
  6. First INVENTOR to FILE and can Disclose and File.
  7. Knowledge is PowerGet informed and you will save time and money.ABSOLUTELY get attorneys or consultants.
  8. Ask Audience what IP for each Case.Maria’s restaurant example - Have the name, working on the signage and everything, do not use yet but want to save money and wait to file until in use (means offered for sale) BUT someone else files – they win – explain Common Law TM but you do not have because not offered (explain Breanna’s pool concept – know your rights). Trade secrets need to be protected – process or recipes – have employees sign off and mention trade secrets specifically – also trade secret is different every state but need to take reasonable steps to protect something of value.Inventor – Phillip with Smart Focus, the need to document in proper inventors’ notebook and file patents but WAIT you infringed on a TM, any funding presentation, competition (crowdfunding will end up with a huge issue because Enabling Public Disclosure – all 3 are needed. Make sure all inventors’ listed – remember that if listed do NOT have to consult with you. Example from PGCC where the first guy said he did not have IP protection and was there seeking help and the second guy left an important piece at home.Website – copyright every 3 months for blog, careful re copyright taking others’ photos – just because no C does not mean that not still copyright issue. Also if you have videos done, make sure you have the copyright.Software created by outsiders – if they violate copyright and put into your code, can be a problem if not shown (open source read the T&Cs regardless). Need to have all IP assigned. Have business attorney check documents.DO NOT FORGET ABOUT managing IP – need to look for dates, renewals, maintenance fees etc.