We evaluate a start-up’s intellectual property protection before any investment is made.

Starting with its business plan and working with its management and any patent attorneys or other professional advisers that the company or the potential investor may instruct, we consider the optimal legal protection for the start-up’s brands, designs, technology or other intellectual assets given the nature and value of those assets, the business of the company, the location of its markets and its budget.   We then compare what is actually in place with that optimum.   If we identify weaknesses that could be repaired or vulnerabilities to claims by third parties we report on those.   We also consider how an intellectual property right would be enforced: that is to say, whether it would be by arbitration, alternative dispute resolution or litigation and if by litigation how enforcement should be funded.

Barristers are well placed to do this evaluation for several reasons.   First, we are consulted by patent and trade mark attorneys, solicitors and other professionals on difficult points of law.   It is, after all, we who have to argue whether a  patent, design or trade mark registration is valid or whether it has been infringed before a hearing officer or judge.   It is from our ranks that the Patents Court and Patents County Court judges are recruited.   Secondly, our advice is not only objective but can be seen to be objective because we do not prosecute applications for patents or other registered intellectual property rights.   Thirdly, as we receive instructions  from or find ourselves against, patent and trade mark attorneys, solicitors and other intellectual property professionals not only from this country but from around the world we have a unique opportunity to rate the competence and experience of those professionals.   If a client needs a professional with specific skills and knowledge in a particular location we know just who to recommend.   Wherever possible we offer a choice of names.

Although we are intellectual property specialists we collaborate with colleagues from the Bar and in other professions who can advise on such matters as the enterprise investment scheme, enterprise management incentive, patent box and other incentives and concessions.

If you wish to discuss any of those matters call us on 0800 862 0055 or use our contact form.

Further Information

Jane Lambert 21 June 2011 What Business Angels and VCs need to know about IP
  5 July 2011 Business Angels
Inventors Club 30 June 2011 Cambridge Capital Added to the List
  28 Nov 2010 New Angel Network: Ground Floor Ventures Ltd.