Intellectual Property Crash Course for Entrepreneurs (February 22, 2011) presentation at the Wolf Law Building at the University of Colorado (Boulder, CO)

1. February 22, 2011 Jason Haislmaier [email_address] @haislmaier Denver Boulder Colorado Springs Dublin London Los Angeles Phoenix Salt Lake City San Francisco

2. This presentation is intended for general informational purposes only and should not be construed as legal advice or legal opinion on any specific facts or circumstances, nor is it intended to address specific legal compliance issues that may arise in particular circumstances. Please consult counsel concerning your own situation and any specific legal questions you may have. The thoughts and opinions expressed in this presentation are those of the individual presenters and do not necessarily reflect the official or unofficial thoughts or opinions of their employers. For further information regarding this presentation, please contact the presenter(s) listed in the presentation. Unless otherwise noted, all original content in this presentation is licensed under the Creative Commons Creative Commons Attribution-Share Alike 3.0 United States License available at: http://creativecommons.org/licenses/by-sa/3.0/us .

3. Intellectual Property is everywhere What is it? Why should I care?

4. Control Value Sharing Protection Opportunity

6. Conscious choices In support of your business goals To tell your story

7. Angel funding Alpha Beta/Evaluation Gen 1 Product definition Product development Product refinement/ new versions Series A Friends & Family funding Founders Product development and support Sales and marketing Direct sales Partner/Channel sales NDAs Employee and Contractor Agreements Initial invention disclosures Follow-on disclosures Patent filings Patent filings Patent filings US TM filing Foreign TM filing DMCA Registration US TM filing DMCA Registration Employee and Contractor Agreements Gen 2 Initial invention disclosures

8. Ownership is key Centralize ownership Capture value

11. Know the tools Know how to use them

12. Trademarks Brand Identity Patents Ideas and Inventions Trade Secrets “ Know-How” Copyrights Creative Expressions

13. Trade Secrets “ Know-How”

15. Trade Secrets Trade secrets Easily obtained Easily lost

16. Trade Secrets Once the secrecy is gone The trade secret is gone

17. Trade Secrets Quite common NDAs Often overlooked Not all created equal Do not take them for granted

19. Trade Secrets

20. Trade Secrets NDAs Do you need one? What if the other side won’t sign one?

22. Patents Ideas and Inventions

25. Patents Provisional Patent Application Actual Patent Application Issued U.S. Patent Invention

26. Key Concern U.S. patent system is “first-to-invent” Most all others are “first-to-file” Patents

27. U.S. Patent Filing “Bar date” One-year following first publication or One-year following first attempt to commercialize Patents

28. Non-U.S. Patent Filing “Bar date” Following first publication or Following first attempt to commercialize Patents

29. First Public Use, Disclosure, Sale, or Offer for Sale Statutory “Bar Date” (Filing Deadline for U.S. Application) One-year grace period from public use/disclosure of invention to file U.S. application U.S. Filing “Bar Date” Patents 12/7/10 12/7/11

30. Non-U.S. Filing “Bar Date” Non-U.S. Application Filing Deadline One-year grace period from U.S. application filing to file foreign patent application U.S. Application Filed (Includes provisional applications) Patents 12/7/10 12/7/11 First Public Use, Disclosure, Sale, or Offer for Sale

31. Non-U.S. Filing “Bar Date” Non-U.S. Application Filing Non-U.S. application filed within one-year of U.S. application but not within grace period First Public Use, Disclosure, Sale, or Offer for Sale 12/7/10 12/7/11 Patents U.S. application filed within grace period U.S. Application Filed (Includes provisional applications)

32. Are patents evil? Why patents? Patents

33. Patents Defensive Offensive Optics Ego Revenue

34. Patents Patent “Troll” Secondary Market

35. Is it patentable? “ Anything under the sun made by man” Not “if” but how strong Patents

36. Patents Invention

37. Are business methods and software still patentable? Patents

38. Yes, but. . . Patents Bilski Bilski v. Kappos, 561 U.S. ___ (2010) June 28, 2010

39. The “Bilski” Issue Still Protectable? Definitely Protectable Likely Not Protectable Patents Method for producing machine tools Abstract business methods Software-implemented business methods Software

43. Lack of knowledge is no defense to infringement Patents

44. Copyrights Creative Expressions

46. Copyrights Creative expressions Not ideas Copyrights

49. “ DMCA” Digital Millennium Copyright Act Copyrights

51. Copyrights War Hollywood Silicon Valley

52. Reverse-engineering Hacking

54. UGC User-Generated Content

56. Public Domain Very limited

57. If I pay for it, do I own it?

58. If they don’t pay for it, do I own it? Not Necessarily!

59. Trademarks Brand Identity

61. All Marks Are Not Created Equal Stronger Protection Weaker Protection No Protection facial tissue computer software Cellophane Margarine Escalator Aspirin Trademarks Descriptive Generic Fanciful Suggestive Arbitrary

63. IP is everywhere Not if IP is valuable to your business How valuable IP is to your business

64. Make each choice an informed and conscious choice

65. Thank you. Jason Haislmaier Email: [email_address] Twitter: @haislmaier LinkedIn: http://www.linkedin.com/in/haislmaier