David Cain’s Post

For our start-up friends today - keep going! Intellectual property demands effort, but it pays off. According to last year's EPO article: - Start-ups are 10.2x more likely to secure funding with patents & trademarks. - 29% of European start-ups have filed IP rights. - The biotech sector leads with around 50% filing IP. Advantage is even higher for European Patents (5.3x more likely to get funded) and European Trademarks (6.1x more likely to get funded). Read more about the impact of intellectual property on start-ups: https://lnkd.in/gtfSAqym #StartUps #IntellectualProperty #FundingOpportunities

💡 Universities and startups – proposed USPTO rule could impact your patent strategy. https://gag.gl/FAyodh The USPTO is considering a significant rule change affecting terminal disclaimers in patent applications. Published on May 10, the proposed rule aims to tighten patent enforceability conditions, especially in response to double patenting rejections. Learn more about the potential implications for universities and startup companies in the latest Law360 article from Marsha Gillentine, Bree Vculek, and Eric Steffe. #USPTO #StartUps #TerminalDisclaimer #PatentLaw

💡 Universities and startups – proposed USPTO rule could impact your patent strategy. https://gag.gl/FAyodh The USPTO is considering a significant rule change affecting terminal disclaimers in patent applications. Published on May 10, the proposed rule aims to tighten patent enforceability conditions, especially in response to double patenting rejections. Learn more about the potential implications for universities and startup companies in the latest Law360 article from Marsha Gillentine, Bree Vculek, and Eric Steffe. #USPTO #StartUps #TerminalDisclaimer #PatentLaw

💡 Universities and startups – proposed USPTO rule could impact your patent strategy. https://gag.gl/FAyodh The USPTO is considering a significant rule change affecting terminal disclaimers in patent applications. Published on May 10, the proposed rule aims to tighten patent enforceability conditions, especially in response to double patenting rejections. Learn more about the potential implications for universities and startup companies in the latest Law360 article from Marsha Gillentine, Bree Vculek, and Eric Steffe. #USPTO #StartUps #TerminalDisclaimer #PatentLaw

💡 Universities and startups – proposed USPTO rule could impact your patent strategy. https://gag.gl/FAyodh The USPTO is considering a significant rule change affecting terminal disclaimers in patent applications. Published on May 10, the proposed rule aims to tighten patent enforceability conditions, especially in response to double patenting rejections. Learn more about the potential implications for universities and startup companies in the latest Law360 article from Marsha Gillentine, Bree Vculek, and Eric Steffe. #USPTO #StartUps #TerminalDisclaimer #PatentLaw

💡 Universities and startups – proposed USPTO rule could impact your patent strategy. https://gag.gl/FAyodh The USPTO is considering a significant rule change affecting terminal disclaimers in patent applications. Published on May 10, the proposed rule aims to tighten patent enforceability conditions, especially in response to double patenting rejections. Learn more about the potential implications for universities and startup companies in the latest Law360 article from Marsha Gillentine, Bree Vculek, and Eric Steffe. #USPTO #StartUps #TerminalDisclaimer #PatentLaw

For tech startups, intellectual property strategies are essential for long-term success and competitive advantage. Early-stage companies should focus on identifying and protecting their core innovations through patents, trademarks, and copyrights. One key strategy is to prioritize patent filings for technologies that form the foundation of the business. Protecting these early inventions creates a moat around your innovation, making it harder for competitors to replicate your core offerings. Additionally, startups should consider trademarking their brand name, logo, and other identifiers early on to build brand equity and ensure that competitors cannot infringe on their market presence. Beyond patents and trademarks, securing trade secrets—such as algorithms, manufacturing processes, or customer data—can be equally valuable. Maintaining confidentiality through NDAs and strong internal controls is crucial for preserving these competitive advantages. Finally, startups should not overlook the importance of freedom-to-operate (FTO) analysis to avoid infringing on existing patents. A well-executed IP strategy not only safeguards innovations but also positions a startup for future growth, investment, and potential acquisitions. #IPStrategy #TechStartups #Patents #Trademarks #Innovation #BusinessGrowth #IntellectualProperty #StartupGrowth

💡 Universities and startups – proposed USPTO rule could impact your patent strategy. https://gag.gl/FAyodh The USPTO is considering a significant rule change affecting terminal disclaimers in patent applications. Published on May 10, the proposed rule aims to tighten patent enforceability conditions, especially in response to double patenting rejections. Learn more about the potential implications for universities and startup companies in the latest Law360 article from Marsha Gillentine, Bree Vculek, and Eric Steffe. #USPTO #StartUps #TerminalDisclaimer #PatentLaw

💡 Universities and startups!! Take note – this proposed USPTO rule could impact your patent strategy. https://gag.gl/FAyodh The USPTO is considering a significant rule change affecting terminal disclaimers in patent applications. Published on May 10, the proposed rule aims to tighten patent enforceability conditions, especially in response to double patenting rejections. Learn more about the potential implications for universities and startup companies in the latest Law360 article from Marsha Gillentine, Bree Vculek, and Eric Steffe. #USPTO #StartUps #TerminalDisclaimer #PatentLaw

When a startup technology CEO is referred to me by an advisor who knows of my patent win/loss ratio, I can usually convert them to clients. Sometimes, however, an inexperienced team seems spooked by my practice model. (In truth, they may actually be convinced to go with a more traditional model by a lawyer trying to get them to hire them.) In such cases, I am hopeful that the content that I share pre-engagement helps them better understand how to manage their own patent journeys. While I don't stress over not engaging clients that think I'm not a good fit, on occasion I wonder what happened to them. I then do a search to see if they filed any patent applications after they consulted me to see if any of my pre-engagement guidance landed. Today was one of these situations. A management team of an AI-enabled product company spoke to me in 2021 after being referred by an advisor of a startup company that I'd been working with for several years. After what I thought was a couple of solid calls, they ghosted me. The Linkedin Algo must still think we're still interested in each other, and I got an announcement of the company's platform product introduction. Curious if they ever filed a patent application, I saw that they hired a firm that "knows the patent strategy needs of startups." Reading the patent application and looking at the USPTO record, it's clear that the management team didn't absorb any of the content I made available. The specification and claims read as a process flow diagram--that is, the application covers a specific invention, not their broad innovative insights that solve a long unmet customer need. In short, the patent covers a product, not the solution delivered to customers. The patent application is still not examined almost 2 years after filing, and it's been published for the world to see how the technology works. If they'd gone with my approach, they would likely have broad claims issued already to cover their platform product at introduction, as well as being on at least their 2d allowed application to cover future product introductions. They would also have the ability to continue filing if the technology in the specification still retained business value. Unfortunately, it looks like it's going to be a slog for them to get anything of value allowed because the claims provide a roadmap for the examiner to search for invalidating prior art. Even if they can convince the examiner to allow the case, the patent will not grant for another 1.5 years at a minimum. This means they have no patent coverage even while they have given other companies instructions on how to compete with them as the market recognizes the value of their innovation. Maybe they'll remember me when the going gets tough--as there is no doubt it will given what I see in their patent application--and ask me to help them out of their jam. It won't be the first time. #ipstrategy #startupipstrategy #patents #patentlawyer