Questions

How to structure a business to protect patents that will be used in several startups?

We have several patents that will be used in our 3 startups, plus we have plans to apply for these patents in other projects. We'd like to transfer patents to the forming companies free of charge and without restrictions of using within company.

2answers

Separate patents required to be filed for each country where the protection is required. It is something with which the business esteem is connected. Insuring the intellectual property is also a common norm since it is an asset. One of the quintessential business components is to have IP protection a part of budgeting and business plan as well. Subsequently, a large portion of the estimation of a start-up, for the most part, gets from their IP rights. It has been assessed that on the normal, over 80% of the estimation of a new business depends on their IP portfolio. Unless your start-up offers something that has zero creation costs, you will need to tighten the pocket heavily even to make start making profits. Another aspect that the businesses do not consider is the cost associated with not taking proper care of the intellectual properties.
You can read more here: https://www.startupindia.gov.in/content/sih/en/reources/startup_india_notes/industry_insights/protecting_Intellectual_Property_using_IPR.html
Besides if you do have any questions give me a call: https://clarity.fm/joy-brotonath


Answered 2 months ago

When it comes to Patent protection, its best to have another entity that holds your patents and all IP. This protects you from commercial liabilities and easier to sell your IP in the future.

Your entity with the IP will need to give exclusive assignment of rights to the operating entity. This helps with keeping your shareholders feeling safe and within the guidelines of good corporate governance.

Additionally, do not forget about other IP as well like copyrights, trademarks but more or less highly underestimated trade secrets. So for example, if you sign an NDA with someone ensure its covering the entity holding the IP.

Another tip, is keep it offshore, this helps you attract more potential investors and buyers. At the same time, you should be putting all your international patents in there.


Answered 2 months ago

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