BioSpectrum India Magazine November issue BioSpectrum India Magazine - Page 44

44 START-Ups BioSpectrum Investor IP Protection Commercial Success Innovation Start-Up Research & Development Competition of technology by recognizing and rewarding those who innovate. Although a start-up may have several brilliant ideas in their kitty, one needs to be thoughtful in planning an IP portfolio around the ones which are realistically transformable into proof-of-concept. It is crucial that the ideas, concepts, findings and the resulting innovation from important projects is safe from the hands of imitators. With a high percentage of revenues put back into R&D, shielding valuable research is critical. Losing this knowledge to a competitor can spell doomsday for a start-up. It is therefore imperative that an organization’s culture sees IP as a key tool that helps drive the business, attract the right talent and create a financial pool required to withstand the obstacles of time. But the buck should not stop here. What is equally important is to ensure that the overall IP strategy is also in sync with the business aspirations of the organization. Tactical planning and IP must go hand in hand to make sure that the organization is covered from all angles. This for example includes understanding the products or services which are core to the business, potential markets for the organization, kind of IP required per innovation, requirement of IP policies within the organization, overcoming challenges that may be posed by a competitor’s presence or their IP in such markets, position towards potential infringer, budgetary considerations, etc. As procurement and enforcement of IP is geographically limited, strategically, organizations can look at targeting the right jurisdiction at the right time for the right innovation. This could have direct implications on the start-up’s ability to commercialize the invention. For example, while on one hand organizations may need to explore markets outside for inventions which are not patent eligible in India, on the other, sometimes the end-user costing makes a product non-viable for Indian consumers, despite of it being fit for patenting. In other instances, securing an early priority date may at times become vital to protect movement of information with people transitioning out of the organization; while sometimes it is caused by the need of data sharing with regulatory authorities, | November 2017 | potential investors or commercial partners. Though the initial phase of IP procurement could upset the financial planning for a start-up, the investment is well worth and generally reaps long term benefits. However, what they must keep in mind to ease their burden is that while the overall criteria for seeking IP rights remain similar, some countries provide advantages for organizations that fall within certain strata. For example, the United States provides special benefits for organizations having less than 500 employees and less than 4 previous US patent applications in their name. From an Indian context, start-ups are entitled to 80% reduction in official fees for patent applications, and option of faster prosecution essentially leading to a much quicker grant of patent. Further, \H[\[[[YYX]HۜZ[ [X[H\X][ۜX\H[[B^ܙYX[[\X[[^HH˜[[]YHHY\]وH[ݘ][ۈ\YۈBYYXHH]]ܚ]Y\˂\\HH\X[[ ]\\]X[Bܝ[H܈\ ]\[ۜY\\X[B]H][[XY\[[XY[]\H[XK[XX^H]HX\[ۈ\[Y[܂[ܘ[Y[وTYˈܚ]X[[[ۙ\HB[X\X]H\HHݚ\[ۜH][ۘ[[]\]HX XY[]HX\[\YHق[X[X]\X[؝Z[YH[XKXKBXۛHY\HXۈ[X[X]\X[[Y[[ݘ][ۜ܈XT\Z[\Y ][š[[H[Y\X[X]]HH[ܙ[^][ۋۈB\[ Y[][ۜZHH\]][ۈX\BZ[YY]][[[Z\XX\[Z[[\XHܙ[^][ۜXX^HHH\[ق܈T[ܘ[Y[ ۙ\\ X[[\Y\]˂\ ]\[YY[\[]][Y\^BX^H\H[\X\K^\\H܈[[[œ\]Z\Y܈[Y\X[^]][ۈوZ\XK[X\\^H[YY\\]Z]XB^Y\HH[\HZHH[ݘ][ۈ]قZ\X[[HX\] \\\\[[]\ܛHH\Hو][YH[\][ۈ܈Z\\[[K[\YܙHYYX\[ۙx&\[\\š[\\وY[ۙ\\وHTXY\ܚ]X[ ][ZYHXݙH[[H]\[\ܝ[œXۙ\[YHY\]\[H][\&BYˈ[H]\ܝXX[\ۈY[ۙH[x&\’T H\ ]\]\[ۜY\\Z[]H8&YYB\]x&H[[\\[\H]H[Y\X[XBHܙ[^][ۈ\[[H\ۈH\\x&\’TYH]][܈\\KۙHYY\ۂT\[Y[[YY[Hۈ^\[T[BZXY[ [ܙ[ݙ\X[[\\و^\[Y[[\]HH[][\܈]\YX\ۘ\[\ݙ[Y[]