If You Build It, They May Steal It

Intellectual Property (IP) is the top key differentiator for startups, as identified by the Startup Genome Project. It can also be more complex than you think; IP protection includes your processes, software, names logos, customer lists and websites, and it is imperative that business owners understand the reality and importance of protecting themselves. Why should you consider IP protection? The more successful you are, the greater the need to protect yourself. If you believe your invention is novel and will be successful, plan on being sued or infringed upon. If you are raising money, IP is one of the first things investors will want to understand. If you have raised money, you have a responsibility to protect your investors and shareholder value. You have a greater likelihood for additional investment and more exit path options if you protect your invention.

Protecting your invention with a patent does not have to be expensive, initially. The key is to start early. Maintain an evidence package. Keep all of your notes. Take pictures of all white boards. Keep hard copies of critical notes and pictures in a locked file cabinet. We also suggest having a digital copy for easy sharing with attorneys, backup and cataloging the vast amount of information you are likely to develop for your invention. Research existing patents in your area of invention use Google Patent Search. We suggest writing a white-paper and filing a provisional patent. This can be done with or without an attorney - although we recommend using a patent attorney as soon as your budget allows. Because patents are granted to individuals, not companies, it is crucial to get IP assignments from all inventors AND get non-disclosure (confidentiality) agreements from all parties that you plan to disclose confidential information to. If you are not using an attorney, you can find templates for IP assignment and NDA on the internet. Recap of next steps: 1. 2. 3. 4. 5. Research competitive or synergistic patents - https://www.google.com/?tbm=pts Gather notes and evidence package Create whitepaper. Include key diagrams, pictures of whiteboards, etc. File provisional patent in US - http://www.uspto.gov/ File a Patent Cooperation Treaty Application which provides a unified procedure for filing with 146 participating countries- http://www.wipo.int/pct/en/treaty/about.html 6. Engage patent attorney Helpful Resources: What Start-Ups Need to Know About Protecting Intellectual Property Around the World http://www.readwriteweb.com/start/2012/08/what-start-ups-need-to-know-about-protectingintellectual-propery-around-the-world.php

Iowa Innovation Council - Startups Guide to Intellectual Property http://www.iowainnovationcouncil.com/documents/filelibrary/publication_reports/Intellectual Property_AC5C4CEBEC76D.pdf 10 Ways to Protect Your Intellectual Property - http://www.inc.com/kelly-fitzsimmons/tenways-to-protect-your-intellectual-property.html

About Ingk Labs Ingk Labs is a New York City-based IP accelerator that acquires, invests in, builds, and deploys early stage, disruptive technologies that demonstrate high-growth potential for innovation in our target markets. We follow an intensive 90-day program model, culminating with a fully functioning portfolio venture, premised on a fundamentally different approach to IP acquisition and development to define both a product and a successful business model. The exchange of hands-on experience and know-how at Ingk Labs fast-tracks ideas into solutions that help high-growth companies approach the social Web in new, product-centric ways. Craig Alberino, Partner For more than 20 years, Craig Alberino has helped companies implement innovative strategies that produce transformative business success. Craig founded Ingk Labs in 1996 and launched InstantService, the first carrier-class Internet telecommunications platform for live-agent customer service, which was acquired by Oracle in 2011. Craig has worked closely with angel and venture communities through his work with the New York New Media Association and its Venture Downtown and Angel Investor programs. He began his career in management consulting in the early 1990s advising Fortune 500 companies on business strategy, intellectual property, and marketing. Damion Hankejh, Partner Damion Hankejh has founded, invested in, and advised startup ventures for more than two decades. Under his direction, Ingk Labs developed and deployed InstantService, the first carrier-class Internet telecommunications platform for live agent customer service. Oracle acquired InstantService in a $1 billion rollup. He began his career as the only non-degreed prodigal teenager in the research and development lab at HP. He later built bleeding edge telemedicine/robotics and enterprise software startups into profitable companies acquired by industry leaders. Damion's career has been anchored by his depth of experience in intellectual property litigation.