The most important stage in the development of any idea, technology or future project is to protect your intellectual property at the state and international level.
Moreover, the presence of patents is not only an asset of your business, which is more valuable in financial terms than the movable and real estate of your company.
The current procedure for obtaining a patent is a complex legal task that is much more complicated than self-registration of a legal entity.
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Ideally, the right to a patent should belong to your startup, that is, a legal entity, and directly you, or your team, should be indicated as co-authors.
This choice is due to the following:
First, (as mentioned above) — the presence of a patent is a very significant asset and, if this asset belongs to a legal entity, it turns into a trump card, which can be covered with skepticism and doubts of investors.
But the most important thing is that if you paten something worthwhile, revolutionary, or technology that has a big chance to licensing (that is, you will not produce a product on this technology yourself, but you will sell licenses to other companies to produce their product using Your technology), then your startup becomes a real threat of the interests of world state corporations, since if you succeed, you can take away the market share.
What makes modern «lords of life» with similar strokes and their co-founders?
You will be offered to sell 100% of your startup at a cost of 1000 times higher than its current capital (let’s say, for 100 million dollars).
If you refuse, you will be prepicable to invest huge money to your business, and you can save a greater half of the company’s assets.
The diversification of the market and risk will allow you to attract even more money of large companies by raising the capitalization of your company to billions of dollars. At the same time, you do not even let the prototype and do not really make anything … Yes, today it is realities with real examples of such companies.
What will happen if you refuse investment and sales of the company?
If you are not supergments, or world celebrity, it is very likely that you will lose everything! The same happens if you register a patent personally.
Your patent «to atoms» is learned by corporate lawyers, they will find inaccuracies or design features that will allow them to be used in drawing up their own patent application.
Suppose you patented a mechanism that works under certain conditions, let’s say, when the slope of 30 degrees, and you are displayed in the patent, since they calculated all possible options, including the only option of its performance is exactly a 30-degree inclination. You, of course, are right, but that’s it can be used as a loophole to bypass your technology.
The new patent (although it will be based on your) will have the difference and a constructive addition — adjustable angle of inclination! Although with a 100% probability, the device will always work under the condition of inclination of 30 degrees, but the presence of adjustment will lead it to another level in the eyes of investors and potential consumers. At the same time, you can not use a similar method.
And be sure that all similar nuances will be taken into account in the new patent, which will not allow anyone else to scroll through such patent cloning.
After this patent comes out, no one will contact your company anymore, because you have no prospects. Your invention will issue any corporation (already under your brand). And it is useless to sue, because the financial costs for patent and litigation are very large.
Perhaps in their own country you can prove your priority, but in the rest of the world, alas, no. It is also a great probability to run into a fine of up to 5 million rubles, for violation of the exclusive right to the invention, a useful model or an industrial sample, which first will have to pay, and only then you can try to challenge …
The first (and most importantly) rule: a patent holder should be a legal entity, namely, your company! If you patented the technology of your loved one, then actually merged the party from the first turn.
The second (and very important) Rule: Description and the essence of the technology should be indicated so that there is no possibility to use the discrepancies or double standards. This is quite time consuming, but necessary.
Third: It is necessary to divide your technology on various methods and patent everything separately (the method itself, the principle itself, the invention itself, etc.), and not collect everything in one patent. Three patents of the new technology are three times better than one. And the more the number of patents that you can break your technology, the better!
And how to get a patent?
Well, there are no secrets, there are full of step-by-step instructions on the Internet, observing which you will receive a patent. Or you can refer to lawyers, patent attorney, or to the Patent Office.
Here I pointed out on fatal mistakes, tricks and methods about which no one who, anyone ask, does not suspect, although it wants to open the company and earn money on its invention.
Very often (almost always) the first, why there is no interest from investors — this is a patent for the individual with the right to dispose of your startup. The same thing happens when you want to offer this technology to others, but having a patent for your name as an individual. Yes, you are doomed in 99.99% of cases!
Everything, of course, depends on the strategy chosen by you and the written business plan, but you must take note of such facts.
Honestly, I am often addressed for help and advice. But what can I help people, if they fired themselves in their foot, making a patent for their loved one …
Well, seriously, why do they do it?
After all, it remains only to sell your patent for pennies, since the purchase of a patent for the individuality is far from the same thing that the purchase of a company of the same patent (for a very rare exception).
In the next article, let’s talk about business plan.
P. S. Links to sources are now in