Posts Tagged: "start-up"

IP Due Diligence for Start-ups in the 2018 Legal Environment – The Most Important Conversation

For IP due diligence for investment in a start-up or young company, the most important conversation is with the key developer(s) of the product(s) or service(s) [the “Conversation”].  Ideally, the Conversation is led by an IP attorney who understands the technology.  The goal is to determine the source of the product design.  Was open source software used?  Is this a variation of something an engineer was working on at a prior company?  Was a published article used?  Perhaps consultants were used?  Was the design changed during development after some dead-ends?  Where there isn’t budget for a full-fledged investigation, this Conversation and follow-up will likely get 80% of the risks identified for 20% of the cost.

The Petri Dish Effect will keep Technology in China for Generations

Wealth in Silicon Valley created and then funded more startups, and the cycle continued. It was like a petri dish, only with a multiplication of startups instead of cells. Today, the petri dish effect will have long term negative consequences for the U.S. as China is capturing technologies that once were controlled by American companies and spinning up massive numbers of startups in these fields.

American Entrepreneurship Languishes as Startups Face Unfavorable Ecosystem

There can be no dispute that the level of business startup activity has been on the decline in the United States over the past few decades. So alarming is the downward trend that publications like the New York Times, the Wall Street Journal and others have tackled the issue in depth. Inc. Magazine has even asked whether entrepreneurship in America is dead? Still, a disturbing counter-factual narrative seems to be taking hold inside the Beltway, and on Capitol Hill. Despite all research and data to the contrary, some are actually saying that startups are on the rise, and then using carefully selected and tortured data points to claim that patent reforms are the reason for the rise in startups, and more patent reforms are needed.

Why the IP system works against the small

The decision whether to secure technology using a trade secret or a patent hinges as much on the technology as it does on access to capital. Small companies need funding to commercialize new inventions. A patent provides a private property right that can be leveraged to attract funding. However, most large companies like Waymo, one of the richest on the planet, do not need funding. This is no doubt why Alphabet and its Google subsidiary have lobbied to weaken the patent system. It is understandable because it is in the best interests of their well-funded enterprises. It is, however, not in the best interest of innovation more generally speaking, nor is it in the interest of society… The IP system as it currently exists acts to protect huge monopolistic enterprises at the expense of everyone else – employees, startups, job creation, innovation, and society at large. It is no wonder that startups in America continue to decline, as recently reported by none other than the NY Times.

A Practical Guide to Startup Funding

What if your startup is a university startup based on university developed and patented technology? The goal is not only to create a domestic corporation, but also to create a local corporation that leverages university technology. Moving to China isn’t an option for a university startup, regardless of the technology and likelihood of attracting funding from venture capitalists. Fortunately it is not as difficult to find investors as you may think. Equity crowdfunding is on the path to surpass venture capital as the preferred way for startups and small businesses to raise capital. In a nutshell, equity crowdfunding is the sale of equity (or debt) in your business directly to investors using an online platform instead of a stock brokerage firm.