In the past three years I have read and heard hundreds of business plans and pitches in Scandinavia and the Baltics. The two weakest topics have consistently been the business model (how you will actually make money) intellectual property status (how will you keep others from copying and underselling you). It is worth remaining that these are the two most important parts of the business plan. I leave the business model discussion for another posting, but will address some basic issues related to IP here.
IP strategy needs to be part of any business plan
Everyone should absolutely have a business plan section or power point slides dedicated to IP. Even if you think that your know-how or invention is not patentable there are many different ways to still address this issue. Average cost of filing one US patent including legal and filing fees is approximately $15,000 plus future maintenance fees. A good system of IP agreements will cost you 75% less, and may offer you even more practical protection. A system that educates your workforce regarding the importance of protecting the businesses’ trade secrets and proprietary information, and instills the use of NDAs, professional employment agreements that clearly delineate intellectual property and invention ownership issues, invention award and motivations policies, proper documentation of know-how, noncompetition agreements, digital watermarking, document security procedures, publication review procedures, and proper labeling of confidential documents will go a long way in securing your valuable intellectual assets. Showing investors that you have thought of these issues and are doing something about them will usually set you above your peers in sophistication, and will encourage investors to take a harder look at your business plan or presentation.
Know your patent facts
If you do have patents, make sure you present them clearly. Make sure that you clearly indicate which regions are covered, when do they expire and clearly state what they cover – method, device, application etc. A key patent that is well written and has defensible claims can be worth a lot more than any other asset in your company. However, such patents are usually not a matter of accident or luck, but skillful writing by the scientist and an experienced IP lawyer. Improper presentation of pending patents is one item that can flag you as a dilettante for investors. Pending patents are just that – pending – a process that will be anywhere from 18 months to many years – during which they can easily also be denied, thus making them worthless. Also keep in mind that pending patents do not give you any legal rights to keep your competitors from putting out their identical product today.
Consider cheaper and faster IP protection alternatives
Consider the use of trademarks, copyrights, and design rights in protecting your intellectual assets. Often these protections are cheaper and easier to achieve than patents. These tools may be especially relevant for protecting your software business.
Be creative with IP strategy
Finally, there are other creative ways to prevent competitors from getting strategic intellectual property under their control. One such trick is “defensive publishing” which is a technique of publicizing an idea by posting it in a public forum such as IP.com. Such a public dissemination marks it as prior art under patent laws, and limits patentability of such ideas by others. If the invention is not part of your core business, but you do not want others to have the power to prevent you from using it, this technique is a much cheaper, easier and faster alternative to patenting.
I’ll be teaching an IP development training course for Arengufond on March 8, and will get more in depth on these issues.
yrjo entrepreneurship business plan, intellectual property, IP, VC