Exponential Technology Counsel

Even with all the solar panels being installed locally, the majority of power will continue to be produced centrally and distributed via a network of power lines and transformers. The question of optimizing power usage therefore is limited not only to its production but also to efficient distribution Hence the renewed interest in amorphous metal transformers, with no-load losses down to 20% of traditional transformers and enormous reductions in CO2 emission.

All too often what happens is that the founder, or the in-house counsel, starts building the patent portfolio in a reactive manner – where the patent strategy is driven by the product.  They figure they'll go to the source of the innovation and start there - engaging with the developers to find out what they are working on and then making an executive decision on what can be patented. The problem with this approach is three-fold: You're engaging at the most granular level, It is a one-way communication, and Deciding what can be patented is quite different from what should be patented.

You are looking for companies who are doing something similar to you and could benefit from your complementary Technology or are trying to enter into that space.  So your map has to be broad enough to consider different applications of your technology – different markets.    

The reality is that you cannot simply rely on patents to keep competitors at bay. So, a recurring theme with startups is the fear of getting screwed by larger companies. But there is, in fact, a way of playing the game and surviving – you just have to be strategic about it. Learn the steps to take as you negotiate this tightrope…

A successful exit strategy – in this case your acquisition - requires that you understand the full range of potential companies – each of which will have its own reason for wanting to acquire you – and each will have a different price tag that it will be willing to consider. … because the value of your company is not purely an inherent feature but depends who you talk to.  So you want to identify all players and then start categorizing and prioritizing the prospects.

Open Source is a nice shortcut when developing code – but it comes with some pretty heavy shackles if your plan is to commercialize.

Think of it in terms f playing chess where you stack the deck in your favor by being able to anticipate your opponent's next move.

Lean startup requires a level of risk and the introduction of new cross-functional groups with centralized budgets and a built in innovation mindset – groups that have the ear of the decision makers in the company.

Save money and delay costs by using the Patent Cooperation Treaty and European Patent Convention.

How to work on your business, rather than in your business.

No – it has less to do with the size and nimbleness of a company – or its ability to pivot and adapt.  It is about mindset – with the way entrepreneurs and startup founders think.

Avoid litigation, build better products, create an effective patent portfolio and plan your exit strategy by knowing ...not guessing ...what others have done in the field ...even if they may not be commercializing their ideas.

By adding the FDA and other regulatory authorities to the process, your patent timeline becomes critical

Understanding your competitors is more than managing risk and gaining market share – it may be the basis of your exit strategy - by aligning yourself with their needs.

 Customer relations help you grow a successful business but it is your ability to position yourself in a competitive landscape that will determine whether you will become the market leader.

This is not about if and when you should bootstrap as opposed to obtaining third party funding, but rather, the purpose is to provide some practical approaches to making the bootstrapping work for you.

So many startups still fail – in fact it is the 80-80 rule (80 % in the first 5 years and another 80% in the next 5 years) and angels and VCs are too large extent to blame.

You want to align your IP strategy with your business plan.  But that is just the first step in re-defining the function of intellectual property.  You need to turn the traditional product evolution process around.  Instead of starting with brainstorming and development, followed by patenting – integrate patent analytics into the front end so you can validate right from the get-go …and add to your innovation process.

The Patent Decision should be driven not by what comes out of R&D but by your business plan and your exit strategy

You can think of mindset as the catalyst that makes the difference between succeeding and failing in business – it is that burning desire to achieve your goal – and it will keep pushing you forward even when you're facing adversity.   So before you engage in any business plan make sure that you are passionate about what you want to achieve and make it something bigger than yourself …perhaps (as Peter Diamandis of Singularity University would put it) something that will affect the lives of a billion people.