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Intellectual Property for Startups in the Real World

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Last month we covered the basics of intellectual property (IP) for startups, including a simple taxonomy, some common issues and related documents for entrepreneurs to use when forming a new startup. It’s often possible to “ design around ” a patent to operate a business that achieves similar results in different ways.)

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The Good, The Bad, And The Ugly Of Software Patents

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Until mid-2013, the USPTO still operated on the doctrine of “first to invent,” rather than first to patent. I’m a big supporter of building and protecting a portfolio of real intellectual property, and maximizing your startup’s valuation, but it shouldn’t be just a legal game.

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10 Common Startup Flaws Leading To An Early Demise

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Even a non-profit has to generate revenue (or donations) to offset operating costs. No intellectual property. Intellectual property is also often the largest element of early-stage company valuations for professional investors. Business model doesn’t make money.

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Do It Right The First Time, Part II: Visit the Doctor or House Call?

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Readers can anticipate my next point in continuing the analogy: It makes no more sense for a non-lawyer to prepare fundamental legal, governance, equity and intellectual property documents than it would for a patient to self-diagnose and begin taking prescription-strength antibiotics or other medications. Offer letters for employees.

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Copywrong Again: Founding the Next Pinterest or Napster?

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As I wrote in Part I of this post , many of the most creative and disruptive startup businesses in recent years have involved the use of intellectual property in innovative, non-traditional ways that defy easy categorization and stretch the boundaries of concepts such as the fair use doctrine in copyright.

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10 Startup Shortcuts That Will Be Back To Haunt You

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It also forces you to pick a name for your company and put other intellectual property stakes in the ground. Most startups I know have “refined” their target market and “pivoted” their operation several times during their rollout and growth phases. It’s not that hard to change later to a C-Corp. So be alert and be flexible.

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Probable and Improbable Lobbying Wins: The 1,000-stockholder Rule

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Nowhere is this more striking than in matters involving intellectual property and the rights of content owners. Yet the content industry (principally represented by RIAA and MPAA) has been relentless in pushing for UGC site operators to be deputized in a copyright police state in the interest of fighting piracy.

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