This article focuses on the importance of intellectual property (IP) in startup companies to attract investment. Various examples of startup companies dealing with medical devices were also discussed. Much of a medical device startup’s assets, however, lie in ideas or concepts it hopes to develop into a commercial product. Patent protection often is considered a critical component of corporate transactions involving medical technologies because it can protect the significant upfront investments required for R'D and regulatory activities. Investors evaluating the IP of a target medical device company are attracted to a demonstrated awareness of IP and to a clean house as it relates to administrative issues potentially affecting the company’s intellectual property. A target company also may make investment more attractive by minimizing or eliminating contractual restrictions on the transfer of its IP. A startup company seeking its portion of investment dollars must pay attention to its IP: it must ensure that its technology is freely marketable without infringing third-party rights and that its IP portfolio is free of encumbrances and has the necessary protection.
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March 2011
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Property Values
Starting up? Make your IP Attractive to Investors.
Leslie I. Bookoff are attorneys with Finnegan, Henderson, Farabow, Garrett & Dunner LLP, an international law firm specializing in intellectual property.
Dinesh N. Melwani are attorneys with Finnegan, Henderson, Farabow, Garrett & Dunner LLP, an international law firm specializing in intellectual property.
Mechanical Engineering. Mar 2011, 133(03): 32-34 (3 pages)
Published Online: March 1, 2011
Citation
Bookoff, L. I., and Melwani, D. N. (March 1, 2011). "Property Values." ASME. Mechanical Engineering. March 2011; 133(03): 32–34. https://doi.org/10.1115/1.2011-MAR-2
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