Property Values

Abstract

This article focuses on the importance of intellectual property (IP) in startup companies to attract investment. Various examples of startup companies dealing with medical devices were also discussed. Much of a medical device startup’s assets, however, lie in ideas or concepts it hopes to develop into a commercial product. Patent protection often is considered a critical component of corporate transactions involving medical technologies because it can protect the significant upfront investments required for R'D and regulatory activities. Investors evaluating the IP of a target medical device company are attracted to a demonstrated awareness of IP and to a clean house as it relates to administrative issues potentially affecting the company’s intellectual property. A target company also may make investment more attractive by minimizing or eliminating contractual restrictions on the transfer of its IP. A startup company seeking its portion of investment dollars must pay attention to its IP: it must ensure that its technology is freely marketable without infringing third-party rights and that its IP portfolio is free of encumbrances and has the necessary protection.