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By Ian Maxwell
Here are two very true statements
1. A startup should have a patent portfolio
2. Startups can rarely afford to properly invest in a patent portfolio
With this fundamental paradox in mind, this article describes some of
the options that startups have with respect to IP strategies that most
effectively balance the costs and benefits of patenting.
But first, why do startups need patents? There are a number of reasons
and not all of them are obvious.
1. Most obviously, a startup with strong patent protection will have
higher exit value, i.e. the value when listed on a public market or
sold in a trade sale. This higher value is a premium paid for a
startup with high gross margins resulting from some degree of
patent-enabled monopoly protection for its products and services.
2. These same higher margins, based on patent-enabled monopoly
rights, also mean that startups with good patent portfolios receive
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enablement.
more contribution margin from their early sales, and hence may
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important to get capital back from the startups that fail since this
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This means that, even if the business fails, the startup may have
value to an acquirer (say a competitor) because of the patent
portfolio; this can afford founders and management (who have to
negotiate such deals and be rewarded for doing so) some exit
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they can have, for all the reasons listed above. But on the other hand
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they want to minimize how much their stake in the startup is diluted at
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the startup, which is easier to do when the startup does not have
granted patents. Another reason is to prime the patent pump
of a startup patents beget invention and other patents; by
licensing-in, the process of crafting a patent portfolio can be
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accelerated within the startup. One of the key issues for startups is
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For Acacia Research the benefit is that they get to seek patent
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On a tactical front there are many ways to reduce patent budgets. Here
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1. Take great care when using large attorney firms. These typically
have high fees and also many practiced ways to extract money off
their customers. One example is high mark-ups on foreign filing
activities through associates. Where low-cost introductory work,
like drafting of provisional applications, is offered, ensure there is
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