Frequently Asked Questions
At what stage should a new venture start working on its Intellectual Property Strategy?
Right from the beginning!! Intellectual property strategy should be worked upon/considered at the very initial stages and goes a long way in establishment and growth of a venture. A Start-Up or a new venture is a hub of new ideas, emerging technology, a thriving place for intellectual transactions. A new venture should be very vigilant about protecting their intellectual property.
What are the types of Intellectual property a new venture could have?
Various types, depending upon the domain of a venture. Patents, trademarks, Copyrights, know-how, trade secrets, Ideas, business methods.
What are the key IP strategy steps that should be taken care of at an initial stage?
Confidentiality Disclosure agreements, filing a provisional patent application, being aware of the project/patent landscape before launch of a venture/project help in shaping the IP strategy.
What is the role of a Confidentiality disclosure agreement for a new venture?
Confidentiality Disclosure Agreements should be an integral part through course of innovation. Sharing an idea, its feasibility, unique application, execution should be protected when dealing with collaborators, investors, partners or even customers with specific clauses. *Consult an attorney for a disclosure agreement & terms to suit needs of a specific set up/circumstance.
Who should be a party/parties to the Confidentiality disclosure agreement?
A Confidentiality disclosure agreement should be signed with collaborators, Investors or other partners with whom the Idea/know-how/technology is to be shared.
Does disclosure by self/inventor create prior art in relation to patentability?
Yes!! Any disclosure of the invention before filing a patent comes in the way of novelty. Even by the inventor himself! Thus, BEFORE FILING a patent application, publishing in a journal, presenting an invention at a conference, exhibiting a product to be protected by a patent should be carefully thought of.
What is a provisional patent application? What is the benefit of filing a provisional?
A provisional patent application establishes priority for an invention. Having an earlier priority date is key in establishing novelty of an invention incase there are similar inventions. It can be filed even before all data has been generated and gives one year time for filing a complete application. It can be abandoned if the complete application is not filed in 12 months. A provisional application is never published, only a complete patent application is published. Thus, in case a provisional has to be abandoned, the invention has no risk of disclosure via filing.
At what stage should a provisional patent application be filed?
Filing a provisional patent application is optional. Incase there isn’t enough data to support an invention, but can be worked upon/obtained in a year’s time, its good to file a provisional patent application on for the invention to mark priority.
What is the role of prior art search and project landscapes at the initial stage of a new venture?
Prior search and project landscapes can play a key role in taking an idea to the next level. IP analysis or project landscapes for both patent and literature search can point out crowded as well as white spaces that can help direction the research. Broader patents that can pose as freedom to operate risks can be flagged at initial stages. A landscape can also point out potential collaborators as well as competitors.
Should I do preliminary prior art search myself?
It is definitely good and required to do some basic searching by yourself. In many instances a very similar work/research has turned up. Being aware of that early on helps save time, energy and resources.