Mitch B.
Kent Ledwell from Gowling Lafleur Henderson LLP

pringles vs. lays stacks

it took 30 years to get a competitor for pringles because of patents
pringles patent is "neat", check it out

patent: there is a problem and you came up with a solution
pringles problem: "chips come in many different sizes"
-- solution: mash, shape potato and every chip is perfect

forget all of that stuff about enterprises and a patent portfolio
how to leverage patents for "2.0"
IPR you can use for 0 dollars, or 25k

Mitch is an inventor: startups, Nortel
creating innovation management strategy
IPR: intellectual property rights, all types: patents, trademarks, copyrights
every country has separate patent systems, you must file in every country you sell in

10 ideas:

1. don't fear the reaper
- don't be afraid of frivolous patents, give it a shot
- 2000's: fear and loathing ... don't "do it blindly or avoid the whole thing"
- get to know it
- patents exist to share innovation
- others can take your patent, extend it and file their own patents

2. cuz my VC said so
- think what your VC is thinking of: EXIT
- patents are tangible and transferrable: something for others to BUY, aka value
- if you have patents to support your products, may convince a buyer
- customer confidence from patents (RIM counterexample)
- valuation may go up (every patent adds $1M?)

3. adopt the PROCESS
- 12 steps...
- real world problem
- existing solutions, their benefits and solutions
- state your solution and why it's better
- make sure it's unobvious! (esp. software)
- teach people how to build it
- identify related innovations (idea w/ satellite ideas, claims) ... expand idea with more claims
- what other patents are out there?
- patent office needs the process for how you got the innovation
-- they need a trail to prove how you got your idea, they may challenge you
-- document all of your notes, date and initial every page
-- patent agents may ask you for that stuff
sidebar: problem with patent system is that patent agents aren't keeping up with state of the art (esp. software) ie. Amazon's one-click patent ... but things are getting better

4. think CLUSTER
- don't just think one patent
- gather a whole bunch of related patents for a niche
- if you want to be bought, find their missing patents

5. use SEARCH
nations have websites for patents, trademarks
companies apply for trademarks well before they use them and you can search for them

6. get sIriuS about trademarks
- not just the name, how it's used
- companies can have the same name, if for different businesses
- "statement of use"
- some words are too obvious (Apple for an orchard)

7. prove you're sIriuS about IPR
- register your copyrights
- don't lie: don't use TM or R ... it's not illegal, it's just bad practise
- don't need to protect company name if it's not a product
- don't overuse it
- don't be evil
- file provisionals - beware public demos!
- enlist your patent law firm as a partner, put them on your website, etc (hype them up a bit)

8. HYPE it up: demonstrate that you know IPR
- to customers and investors
- talk about past patents and on websites
- showcase referred patents and their companies: patents that refer to your patents
-- referrals equate to "good ideas"
- can find this on the patent database website
- patent agent can notify you too

9. play POKER
- you don't need the best hand to win, you just need cards (patents)
- strategy: how you play the game

10 it's a darwin THING
- keep up with it
- a lot more ideas out there

- you can infringe, it's like going 105 kph
- big companies probably won't care about a small fish
-- [ed. affects selling price?] no
- patents are important for small players, startups

algorithms can't be patented
-- patent systems and methods, not algorithms
-- pretty much the same thing
-- people don't run into problems filing what are in effect algorithms

cost?
-- copyright protection don't have to file anything, but document
-- trademarks should be registered, few thousand is a bargain
-- documentation is important
-- informal patent application: no formal legal language, cheaper
-- they buy you 12 months, then you need to file a formal application or clean it up a bit
-- Canadian patent office doesn't mind inventors, but he recommends legal help
-- "paper around" an idea: with nonobvious improvements: where the market is going
-- they'll have to cross-license
-- white papers, publish them somewhere because it's obvious
-- it's first to file!

Make sure you file before you disclose (ie. demos)
-- Canada has 12 months grace period?
-- US doesn't?

copyright will protect the code, a patent protects the idea