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- The notion of intellectual property

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is generally dreadful and totally overrated.

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When you talk about IP, you often think about something

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that protects your product.

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Certain products need IP protection

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and there's really three types of IP protection.

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Type number one is copyright.

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Type number two is a patent

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and type number three is trade secret.

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At the very beginning of your company,

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the idea of what you can do with those different types

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of IP protections is something that can often

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be a big distraction to what you're doing.

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Most products are copyright and it's relatively easy

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to copyright a product.

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So let's put copyright aside for this time being.

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Patent, you hear over and over again as an important thing,

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especially from investors to have patents on your products.

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The challenge with patents is

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it takes a bunch of years to get 'em.

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So as you're starting your company

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and starting to build your first product,

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you might have things that are patentable,

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but the cost and time that it's going to take you

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to get your patent is sometime in the future.

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If you truly believe that your product

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is something that's novel and non-obvious,

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in that context, you could apply for and get a patent.

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However, the dynamics around patents

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are such that as an already staged company,

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it's often very hard to do much work around that.

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So you can't get a patent before you're actually launching

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your product typically.

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Check with your lawyer in terms of the best way

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to actually create patent protection before you launch

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your product because there are some specific things to do,

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but don't get hung up on the notion that the valuable thing

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that you're creating is the patent.

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In a lot of ways, the patent is merely

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a defensive mechanism against other people

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if they come out with something similar to you.

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The last, which is trade secret,

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which is how you actually create your product,

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and the trade secret in a lot of cases for startups

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is where the real opportunity lies

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in terms of intellectual property protection.

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The way that you build the product,

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the material that goes into it,

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the software that goes into it,

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the types of things that you have to do to make it work

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the way it does is really the essence

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of where intellectual property protection

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comes at the early stages.

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So it's not that you should ignore IP protection,

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but that you should recognize that it's a small component

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of what you're trying to do in the context of your product,

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that often is very over emphasized by people who say,

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oh, well, you know, you can't tell the world about anything

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you're doing until you have that IP protection.

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Be careful of that.

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Be careful of overplaying the dynamics

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of what that IP protections going to be.

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Last comment.

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It depends a lot on the product.

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If your product is a highly technical,

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new type of machine that has a huge amount

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of invention in it that's very complex,

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patents are going to be really meaningful.

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If it's a new type of breakfast cereal,

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probably not so much.

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It doesn't mean that the new type of breakfast cereal

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couldn't be a hugely successful business.

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But it does mean that, for example,

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a patent is probably not going to be the thing that causes

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your new type of breakfast cereal to be super successful.

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So make sure you understand IP protection and the context

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of the type of opportunity you're going after.

