Question
Good evening!
We are a startup company based in Tokyo, Japan. Our business is the development of technology that facilitates the interaction between private RC drones and wearable devices.
Our team has developed a new type of gyroscopic device that we believe might have some potential in special drones designed for delivery. This is however somewhat divorced from our core business model and we are considering selling the technology. We would like to approach other companies or research institutions possibly in Japan, but also maybe in the USA or EU. What would be our first step to do this?
Thank you very much for your advice.
Best regards,
M. Takayama
Answers: 3 public & 0 private
Hi,
First step, dont share anything without NDA (non-disclosure agreement).
After that file a patent and do strength test for that patent application. Use these document, develop a presentation and move to companies for a discussion. Align an experienced advisor with you also.
Ashutosh
Dear M. Takayama, technology sounds interesting. Well the first thing you should do is limit your disclosure of the technology, even in this forum, without first having some sort of patent application filed; at least somewhere. By disclosing without having a patent application on file, most countries will forever bar you from subsequently obtaining patent protection; it's an initial disclosure rule. You could execute NDA's with whomever you discuss your technology, but I counsel companies to file patent applications first. At the end of the day, though, it's a business decision. Weigh what you would spend to protect the idea, which companies will want, against what you think the realistic value is on the market.
As a former investor and now IP valuation and strategy expert I think you should either file your patents in a PCT recognized area in a first-to-file jurisdiction (Japan is good, US is better, Israel is best) or not file at all. If you file your patents, your patent agent will conduct a Prior Art Search and will let you know if there are any competing or precedent technologies that could cause infringement problems. Patent applications provide you some protection from a partner or investor stealing your ideas, but they also give you the ability to monetize them in a variety of unique financing transactions. If you don't file your patents before your market your inventions, I suggest your pitch focus on what your product does and how it performs; to this end if you've got working prototypes then you've got a great story.
And my opinion on NDAs is that most don't have strong enough enforcement language so that they can be enforced. If your NDA looks like this, then don't both with it, just write "Private and Confidential" on everything... You could also secure your technical documents by posting them to a Virtual Data Room where authorized users can only look at and not print or copy or share.
Best of luck to you, I'd be happy to help in any other way if you'd like to talk further.
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