587a Top Ten Intellectual Property Mistakes Made by Start-up Companies

Carl E. Bruce, Britnee Reamy Kubasta, and Greg Gardella. Fish & Richardson P.C., 1717 Main, Suite 5000, Dallas, TX 75201

With the start-up of a new company wrought with so many tasks - courting investors, recruiting top engineering and sales talent, shepherding product development, overseeing manufacturing operations, disentangling supply chains, etc. - the task of cultivating intellectual property protection and rights is often neglected. While tending to intellectual property needs is always on the "to do" list, it is typically near the bottom. Unfortunately, by the time the company focuses on intellectual property, the cost of neglecting such assets at an early stage becomes staggeringly clear. During fundraising, acquisition, or an IPO, intellectual property is often considered a critical asset. Defects or weaknesses in a company's intellectual property, which could allow competitors to copy key aspects of a technology, can easily torpedo a deal. Lack of intellectual property protection can also significantly degrade the valuation of the company, sometimes tens or hundreds of millions of dollars. So how can a start-up best protect its intellectual property? While there is no substitute for a thoughtful and thorough analysis of a particular company's specific situation, there are some mistakes that are commonly made by start-up companies.