The America Invents Act, recently passed by the House and Senate, will significantly change current U.S. patent laws. Its potential impact on early-stage technology companies and individual inventors is a matter of some dispute but all seem to agree that all parties must understand the new rules of the game and adjust their intellectual property (IP) strategies accordingly.
In addition to changing the basis for patent priority dates from “first-to-invent” to “first-to-file” the new law provides a mechanism for challenging new patent applications at the USPTO prior to a patent being issued. Small business advocates contend the changes put innovators at a disadvantage because they typically have limited financial resources but will be forced to file patent applications earlier in the development process before the potential value of an invention is well understood. Proponents of the law claim the new process will make the patent review process faster and less expensive.
The bottom line … if your business strategy depends on protection of IP, learn how the new laws will affect your future decisions.
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Michael P. Kurek, PhD, MBA, Partner, BBC
A detailed market analysis is the basis of a solid commercialization strategy. For some entrepreneurs, too often what passes for market analysis is simply a billion-dollar figure snatched from a third-party market research study. However, an analysis should deliver more than a number. The end product of a rigorous market analysis is a value proposition statement that encompasses customer, need, product, benefit, and competition.
I encourage you to check out Joe Bockerstette’s article which provides a clear explanation of what an effective value proposition should communicate. Then sit down and update your market analysis – or get one started if you haven’t already done so!
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Michael P. Kurek, PhD, MBA, Partner, BBC
My partner Lisa is a consummate networker but let’s face it … networking does not come naturally to everyone … and that’s especially true for scientists and engineers. This fact presents a real challenge for technology entrepreneurs for whom effective networking is often critical to the success of their new enterprise.
To help conquer their twin fears of “talking to strangers” and “personal rejection,” Lisa offers some common sense advice … “networking is not about YOU.” Most people love to talk about themselves. Your job as a networker is to make it easy, and acceptable, for them to do just that. “Open-ended questions” and “active listening” are the secret ingredients of networking pros.
Here are some other tips networking for introverts. (And by the way – Lisa was trained as an engineer and spent many years in the lab!)
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Michael P. Kurek, PhD, MBA, Partner, BBC
My partner Michael has an exceptional way of helping our technology entrepreneurs think about commercialization. One of the mantras with which he pesters BBC clients is “product development and business development are activities best done in parallel.” Among the many reasons for this admonition are:
- Product development emphasizes technology; business development emphasizes customers. Entrepreneurs, and especially technology entrepreneurs, must spend more time with, and thinking about, prospective customers.
- Effective product development requires that customer needs are part of the mix.
- Engineers build products. Entrepreneurs build companies. To succeed you must focus on the ultimate, not the intermediate, goal.
- A clear business strategy and model prepares you for those tough questions from potential investors, customers, and partners.
In this blog Martin Zwillig explains why a start up without a well-developed business strategy is like a rudderless sailboat. Make sure you are thinking about your customers as you are thinking about your products. In fact, why not start talking to your customers at the same time as you are developing your products? Stay tuned for tips on networking to help you get started…
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Lisa M. Kurek, Managing Partner
To our clients and colleagues:
For the 600+ training participants, 125+ companies submitting proposals, 20+ economic development partners, and countless others that worked with us in 2010 to help secure federal funding to drive innovation, we offer our list of wishes for you in the coming year… in rhyme:
May your grants.gov submissions
Always be error free
May you find the keys to new lab space
Under your holiday tree
May your team of brilliant scientists
Get along with your PI
And here’s hoping that your budget negotiations
Never go awry
May you find the inner fortitude
To never procrastinate
And may you never get rejected
Because you submitted late
May all your grant proposals
Leave reviewers filled with awe
That then leads to getting funded
The very best gift of all!
From the entire BBC team: may you have a healthy and prosperous New Year!
May all of your wishes be granted…
…May all of your grants be funded!!
Entrepreneurs are not just imaging it. Start-up funding is becoming more scarce. The Center for Venture Research at the University of New Hampshire reports that total angel investment in the first half of 2010 dropped 6.5% from the previous year. More ominously, the number of active angels decreased 11% and their start-up and seed investments comprised only 26% of their deals, compared to 35% in 2009 and 45% in 2008.
A scary trend indeed … considering that angel investors, according to the Kauffman Foundation, have historically provided 90% of early-stage capital to spawn an estimated 30,000 to 50,000 companies per year. The bottom line is that entrepreneurs must get even more creative in tapping alternative sources of high-risk capital, such as grant funding, and use whatever capital they have more efficiently.
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Michael P. Kurek, PhD, MBA, Partner, BBC
As reported recently by the Angel Capital Association, Entrepreneurs and investors have been energized by a provision of the Small Business Jobs Act that became law in September 2010. It provides a 100% exemption for gains made by investing in qualified small business stock. This provision is an obvious boon to early-stage investors but also to the entrepreneurs who depend on angels for that high-risk start-up capital.
The law is focused on the right target. A July 2010 report from the Kauffman Foundation concludes that start-up companies create most new jobs in the U.S. economy. Not only millions of jobs every year … but high-paying jobs. John Huston, manager of Ohio TechAngels in Columbus Ohio reports that jobs in their portfolio companies pay an average salary of $83,000.
So what’s the problem? The catch is that the tax exemption applies only to investments made between September 27 and December 31, 2010 forcing investors and entrepreneurs to complete negotiations and due diligence under a tight deadline … not the ideal situation for thoughtful decision-making. Hopefully, this law is one of those good ideas that will become a permanent fixture in the entrepreneurial landscape.
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About the Author: Michael Kurek, PhD, MBA, focuses on commercialization challenges facing early stage entrepreneurs. In his role as BBC Partner he assists clients with projects ranging from developing SBIR/STTR commercialization plans and fully integrated business plans to providing interim management to start-up life science companies.






