The academic inventor faces pressure from both sides - should they publish their research to help with academic metrics, or should they keep the research confidential so that a patent application can be filed? However, it is important to understand that research publication and IP protection are not mutually exclusive.
Understanding the market and its IP landscape will help you assess potential opportunities and also demonstrate to investors that you have a good understanding of what third party IP rights exist and how they can impact your innovation or brand.
Following substantial disruption to oral proceedings in the early stages of the Covid-19 pandemic, the European Patent Office moved to make oral proceedings by video conference the default option before the Boards of Appeal, by introducing a new provision allowing such proceedings whenever the Boards considered it “appropriate to do so”.
Having a sound IP strategy in place supports fund-raising efforts by enabling you to address due diligence questions from investors. By answering their questions in a clear manner, you give them the confidence that you have properly considered how IP factors into your business plan.
IP is often the strongest, and sometimes only, asset owned by a university start-up in its early days. Capturing and protecting new IP are essential steps for building a solid foundation on which a start-up can develop their IP portfolio to attract potential investors.
The question of IP ownership should not be overlooked and will be raised by investors looking into investing in a university start-up. There are two key areas investors will want to look at - who owns the existing IP, and what will happen to ownership of new IP created by your start-up?