The vast majority of patents and intellectual property creates zero $ value for clients, even while these topics increasingly demand the attention of entrepreneurs, innovators, and company leadership. This podcast by award-winning IP Strategy expert Jackie Hutter of HutterGroup.com provides proven and actionable tools to allow business teams to win with patents and IP. Ms. Hutter's practice focuses on assisting early stage and established companies to obtain meaningful patents and other forms of IP.
Winning with Patents (and IP)
Claim This Podcastby Jackie Hutter, Esq.
5.0(3 reviews)
7 episodes
Updated Daily
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Podcast Overview
The vast majority of patents and intellectual property creates zero $ value for clients, even while these topics increasingly demand the attention of entrepreneurs, innovators, and company leadership. This podcast by award-winning IP Strategy expert Jackie Hutter of HutterGroup.com provides proven and actionable tools to allow business teams to win with patents and IP. Ms. Hutter's practice focuses on assisting early stage and established companies to obtain meaningful patents and other forms of IP.
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Publishing Since
2/18/2020
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Recent Episodes
October 5, 2021
Season 2: Episode 1 WHY PATENTS FAIL STARTUPS
<p>Startup patents don't fail. Patents fail startups. The reason for this is simple: startups are different from "grown up" companies, and this means that patent strategies used for them also need to be different. </p> <p>Established companies have products and customers. Since they already have customers, they likely have a pretty good idea how to serve them with new and improved products. "A startup is a temporary organization formed to search for a repeatable and scalable business model," as stated by Steve Blank, a thought leader in startup business processes. While established companies are incentivized to develop their products in closed systems, the opposite is true for startups. Put simply, startup leadership has to "get out of the building" and talk to customers. Unless and until the startup has a validated customer that is scalable, the company does not exist as a going concern. And, without customer confirmation that the startup is developing a product from which sustainable revenue will flow, there is no reason to file a patent application. </p> <p>Startups can be expected to pivot multiple times before they become "grown up" companies. This means that any patent applications that are filed must be comprehensive enough to follow these eventual pivots. Notably, the pivot doesn't mean that the technology will change; rather, the pivots result from application of a core technology offering into adjacent markets. This means that the patent application will not address "design arounds" as is the goal with traditional patent advice. By including market optionality in startup patent filings, the startup can go where the customer takes them and obtain patent coverage that aligns with the products for which actual revenue can be realized. </p> <p>Also, the typical focus on "protecting a product" is wrong for startups. A startup does not--and cannot--deploy a business model which diverts revenue needed for product development and customer validation to pay legal fees. Few rational investors would put money in a startup that was going to be allocated to supporting a law firm. Put simply, a startup that is thinking about patent litigation is destined for failure. Since established companies have products that they are delivering to customers, it likely makes sense to enforce a patent against competitors in order to preserve the revenue stream. Patents can nonetheless provide considerable business value to startups for reasons such as enabling strategic partnerships, generating licensing revenue, and enhancing exit value. </p> <p>Unfortunately, most traditionally experienced patent experts have no clue how to adjust their advice to address the unique needs of startup companies, which means that their clients are likely obtaining patents that do not align with their business strategies. And, a patent that does not align with business strategy is worthless. In other words, the patent fails to create value for the startup. </p> <p>In this first episode of Season 2 of Winning with Patents (and IP), Jackie Hutter explains why Patents Fail Startups and provides examples of validated patent strategies that have worked for real startups. </p> <p>Show notes: </p> <p><a href="https://www.entrepreneurship.org/learning-paths/startups">Steve Blank on Startups</a></p> <p><a href="http://theleanstartup.com/principles">Eric Ries on Lean Startup Principles</a></p> <p><a href="https://www.linkedin.com/pulse/how-modern-startups-harmed-expert-patent-advice-jackie-hutter/">Jackie Hutter on Why Traditional Patent Advice Harms Modern Startups</a> </p> <p><br></p> <p><br></p>
February 18, 2020
Season 1, Episode 6: Generating Business Value without Non-Patent IP and Other Types of Intangible Assets
<p>"If all you have is a hammer, then everything looks like a nail," is an old saying can be applied to asking a patent professional whether you need to get a patent. All too often, someone will be convinced that their company needs a patent, when going this direction will not create business value. Even worse, getting a worthless patent will also divert resources that could be spent elsewhere in the company. Here's a novel approach for some: not getting a patent is, in fact, a "patent strategy" if you make the decision for articulated business reasons. Patents are only relevant if they are aligned with a company's business strategy. But, just because a patent is not right for your company, does not mean that the company does not need IP. To the contrary, there is always some form of IP--or more broadly--intangible assets that are crucial to a company's desired financial outcomes. While patents may be the type of intellectual property that gets the most attention, for many companies, other forms of IP, such as trademarks, copyrights, and trade secrets, can create vastly more business value than a patent ever could. In other cases, the more general category of "intangible assets" defines how a company will achieve financial returns. In this episode, listeners will be introduced to a business-focused approach to thinking about using non-patent forms of intellectual property and intangible assets, some of which may be new concepts when presented in the context of business value creation. If a business does not know where to look to find intangible value, that value cannot be protected and, if it cannot be protected, it cannot be realized. </p>
February 18, 2020
Season 1, Episode 5: Designing Patent Applications for Allowance
<p>"Proper patent planning prevents piss poor patent performance." In other words, if you do the work on the front end, the outcome is virtually guaranteed. Patents are no different. This episode provides listeners with an overview of how my clients obtain broad, business relevant patent protection almost all the time that we work together to draft, file, and prosecute a patent application along with our outside counsel team. This almost 100% success rate for my clients is vastly different than the typical 5% or fewer of patents having strategic value. There are several necessary steps required to make this happen, and successful execution requires that both the business and IP teams to approach things differently than in conventional patent development efforts. The threshold requirement is that what is to be protected is an <u>innovation</u>--that is, the subject matter is for a solution to a customer problem, where the customer has been validated to exist. There are then 4 crucial elements to obtaining broad protection for the subject innovation: 1) identify the one or more customer value propositions that are relevant; 2) search for and characterize the prior art to identify a framework for protection; 3) create strategically relevant claims with "non-limiting" limitations; and 4) develop a strong and compelling story to support the fact that you are entitled to the broad claims that you seek in your application. As an added benefit, when one does the hard work up front, it is much less likely that the patent examiner will be able to reject your application multiple times, and your patent application will issue more quickly and at lower overall cost. </p>
7 total episodes available
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