/Docs//S/Sandbox/VC/Notes.md
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Contracts: =
NDA etc. =
Mutual, broad, no license, return, assigned =
Trade Secret: =
Broad protection, includes info and ideas, =
Easy - no registration =
Prevents taking or using =
-- doesn't prevent reverse engineering =
-- doesn't prevent copying =
Lasts as long as secret =
Watch when hiring. Can't use or disclose =
-- tell employee not to bring info or materials from former employer =
-- can't use or disclose =
Google, Waymo, Uber - how much is general knowledge? =
Patent: =
Invention =
--Novel =
--Non-obvious to someone with skill in the art =
--Prior art - prior patents, publications, sales, etc. =
--can kill a patent by showing it -with a one year grace period =
--Useful =
--Not obvious to someone with skill in the art =
--Requires disclosure in patent application =
Requires registration =
--provisional application =
Protects for 20 years from the filing. =
Process, Method, Use; Machines and Apparatus =
composition of matter =
-- chemical, physical, biological =
-- can be a new combination of old things =
-- can be a new use of old things =
-- can be a new process of old things =
-- can be a new machine of old things =
Claims: =
--Protection is limited to the claims =
--Must be clear and specific =
Design Patent: =
Protects the appearance of an object =
--Novel =
--Non-obvious =
Protects for 14 years from the grant. =
Brands and Trademarks: =
Trademark: =
--Protects the name of a product or service =
--Common law, but registration is better =
--Must be used in commerce =
--Must be distinctive =
--Must not be generic =
--Must not be descriptive =
--Must not be misleading =
--Must not be immoral =
--Must not be scandalous =
--Must not be offensive =
--Must not be a flag or coat of arms =
--Must not be a geographic name =
--Must not be a surname =
--Must not be a family name =
In increasing strength: generic, descriptive, suggestive, arbitrary, fanciful =
Trademark is for a CLASS of goods or services =
Copyright: =
Works of authorship =
--Literary =
--Musical =
--Artistic =
--Dramatic =
--Pantomimes =
--Pictorial =
--Graphic =
--Motion pictures =
--Sound recordings =
--Architectural works =
--Computer software =
Protects the expression of an idea =
--Novel =
--Fixed in a tangible medium =
--Original =
Life of author plus 70 years =
95 years from publication =
120 years from creation =
Protection is automatic =
Registration is optional =
Get assignment of IP rights. =
Current assignment agreements. =
Critical License issues: =
1. Exclusive =
2. First right of refusal on products =
3. Best Price (Most Favored Nation) =
Subbu: =
Suggest we focus on startup and VC ecosystem. The reason is that business opportunities will be in creating or servicing marketplaces and startup/VC/PrivateEquity is the marketplace of marketplaces. =
=
ii) There are lots of document issues and lots of available semi-scaled solutions =
iii) well-networked community =
iv) some actors are not tech-phobic =
Small, big, jewels (Geoffrey Moore): =
1. IP assigment agreements - a full-stack solution. =
-- Goals =
--company to keep track =
--employee/consultant to keep track - or to prove liberty =
--standards to make negotiation balanced and non-adversarial =
-- Is someone doing this? =
2. License agreements - a full-stack solution. =
-- Goals =
--fluidify negotiaion =
--employee/consultant to keep track - or to prove liberty =
-- Is someone doing this? =