Brown Rudnick partner Mark Lubbock on key issues to consider when formulating an IP strategy.
All forms of intellectual property (IP), including patents, trademarks, designs and other forms (IP assets) are crucial to the success of spinouts. IP assets are important differentiators for a business and key drivers for investment. The legal means to prevent and deter others from exploiting the technology or brand of a spinout will help protect the business and give investors comfort that it will retain value and generate a return.
To achieve these aims the business would be wise to have an effective IP strategy. Investors often consider the IP strategy as important as the IP when deciding whether to invest in a tech-based business. For example, has consideration been given to:
- What process ensures the spinout owns or has a durable licence to use (for example from the university if it retains the IP developed by the founders) its technology?
- Is the IP strategy aligned with the commercial,…
