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There are several junctures the place any company, and particularly a Unicorn using an abnormally higher valuation, is most vulnerable when aquiring a weak IP position: moving into new markets with founded incumbents, and approaching an exit stage for example an IPO (or M&A).
As for copyrights, anyone who thinks a copyright gives beneficial protection to protect operation is seriously mistaken. Copyrights only guard the supply code, not the purpose or Procedure. If all you have got can be a copyright any person can just produce a process that operates identically given that they don’t duplicate and paste your code. -Gene
We also predict that this hole could serve as a possibility for rising the liquidity of some IP assets from the marketplace, as Some organizations will little doubt exhibit up as consumers as their exit party ways, as they fight to enter new markets, because they encounter incumbent patent lawsuits, or any this kind of celebration that forces them to strengthen their IP placement.
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Google and Fb are two perfectly-recognized examples of providers that experienced to cope with a lot of these scenarios, and ended up with large IP acquisitions:
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Fb at this time has a lot more (and had practically as numerous at enough time of IPO) patent property than all the listing of ninety five US present-day Unicorns.
In conclusion, while some of the Unicorns analyzed in the analyze have launched into the journey of creating a strong IP portfolio, as numerous as 61% of US Unicorns appear to have fallen driving.
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Underneath current US “very first to file” patent routine post-AIA, Unicorns that clearly show no organic and natural patent development can have dropped the ability to patent a considerable portion of their Main inventions on account of missing essential precedence dates, and may have to make up for it by acquiring patents (or companies holding patents) in reaction to aggressive threats, paying hundreds of an incredible number of bucks in the process.
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