Common Myths about Intellectual Property

Presented on Friday, September 6, 2024

Silicon Valley intellectual property (IP) attorney Jordan Becker discusses how to protect your IP, including a dozen of the most common myths about IP protection.

Jordan discusses:

1) How can intellectual property make or break your startup?
2) Why should you file patent applications as an early stage startup?
3) When should you start filing patent applications?
4) What does a patent application cost?
5) What is patentable?
6) What types of intellectual property protection can you get?

(copyright, trademark, secrets)

7) What do you need to know about other people’s intellectual property?

(infringement, open source, employees, past employers)

8) What big intellectual property mistakes should you avoid?
9) When do you need to use non-disclosure agreements (NDAs)?
10) How can you maximize ROI when paying for IP protection?

and more!

About the Speaker:

Jordan Becker is a partner at the law firm of Perkins Coie in Palo Alto.

Jordan has over 30 years of experience as a patent lawyer and has successfully obtained more than a thousand patents for his clients across a wide range of technologies, including complex software, electronics, and mechanical devices.

As a trusted advisor to clients ranging from startups to Fortune 100 companies, Jordan focuses on patenting high-tech inventions. He builds, manages, and improves large patent portfolios for mature companies, and guides startup clients and entrepreneurs through the intellectual property (IP) protection process.

Jordan loves science and technology, and is passionate about using his skills and experience to give his clients a competitive advantage in the marketplace. To protect clients' investments in research and development (R&D), Jordan develops customized patent strategies, applies for and obtains patents, and builds patent portfolios that support his clients’ business goals.

Jordan’s commitments to his clients include:

Taking the time to understand his client’s business to develop an IP strategy that is tailored to their business goals.

Paying attention to the details to deliver the highest quality work product.

Formerly an engineer in the aerospace industry, Jordan loves complex technologies and has patented innovations in numerous industries and technologies, including space tech, artificial intelligence/machine learning (AI/ML), robotics, medical devices, wireless communications (802.11, 5G), cybersecurity, virtual reality/augmented reality/mixed reality (VR/AR/MR), 3D printing, network storage, image processing, display systems, speech recognition, solar cells, and integrated circuit (IC) design and fabrication.

For more, visit: https://www.perkinscoie.com/en/professionals/jordan-m-becker.html

1. Common Myths About
Intellectual Property (IP)
Presented by:
Jordan M. Becker
Partner, Patent Attorney and IP Strategist
SEPTEMBER 6, 2024

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“Who the heck is this dude?”
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Introduction

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Introduction
B.S. in Electrical Engineering, University of Connecticut
J.D. (Law), Pepperdine University
4 Years As Engineer/Scientist in aerospace industry
30 years as a patent attorney
Law practice focuses on developing and implementing IP
protection strategies
Patenting of software, electronics, mechanical devices and
optics
Some specific areas of significant experience: AI, cybersecurity,
medical devices, AR/VR

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Myth #1: . . .

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Myth #1: “Software isn’t patentable.”

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Myth #2: “Copyright is enough to protect my
software.”
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Myth #3: “I don’t need a patent on my invention
because I don’t plan to sue anyone.”
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Myth #4: “Once I have a patent, I’m free to make or sell
my product without concern.”
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Prior Art
Prior Art
Prior Art
Prior Art
Prior Art
Prior Art
Prior
Art
THE STATE OF THE ART

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Your
Product
Prior Art
Prior Art
Prior Art
Prior Art
Prior Art
Prior Art
Prior
Art

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Your Patent
Your
Product

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Your Patent
Competitor
A’s
Product
Your
Product

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Your Patent
Competitor
A’s
Product
Your
Product
Competitor
B’s
Product
Competitor B’s Patent
(Pre-dates Your Product)

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Myth #5: “Patents are always the right form of IP
protection for technology innovations.”
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Myth #6: “I don’t have time to think about patents
right now. I’m trying to get my product out the door,
raise funds, etc.”
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Myth #7: “I’m going to patent the general idea, but
keep the details of how to do it (the “secret sauce”) as a
trade secret.”
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Myth #8: “Joe was part of the team, so we need to
name him as an inventor on the patent.”
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Myth #9A: “I’m the inventor, so I own the patent.”
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Myth #9B: “I invented it while I worked for the
company, so the company owns the patent.”
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Myth #10: “Design patents are only for aesthetically
pleasing designs.”
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Myth #11: “I have a provisional patent.”
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Myth #12: “I can use my pitch deck as my provisional
patent application.”
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Myth #13: “I need to do a pre-filing search before
applying for a patent.”
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Myth #14: “Patents are irrelevant if I’m going to open
source my code.”
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Myth #15: “Patents are always the best way to protect
technology.”
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Myth #16: “A strong trademark describes the relevant
goods/services.”
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Questions?
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Jordan M. Becker
Partner | Palo Alto Office | Patent Prosecution
Email: [email protected]
Website bio.: http://www.perkinscoie.com/jbecker/
LinkedIn: https://www.linkedin.com/in/jordanbecker/
Podcast accessible on:
Apple Podcasts, Spotify, Google, and
https://www.perkinscoie.com/en/news-
insights/the-tech-law-hangout.html