Intellectual Property and Technology Startups: What Entrepreneurs Tell Us

in: Technological Innovation: Generating Economic Results, Vol. 2 (Advances in the Study of Entrepreneurship, Innovation & Economic Growth, Vol. 26, M. Thursby, ed.), pp. 163-199. (2016)

Georgia Tech Scheller College of Business Research Paper No. 18-5

San Diego Legal Studies Paper No. 18-335

37 Pages Posted: 6 Mar 2018 Last revised: 10 Mar 2018

See all articles by Stuart J.H. Graham

Stuart J.H. Graham

Georgia Institute of Technology - Scheller College of Business

Ted M. Sichelman

University of San Diego School of Law

Date Written: March 1, 2016

Abstract

This chapter provides evidence on how young technology startups are employing intellectual property (IP) protection when innovating and competing in the United States. Although researchers and teachers of university technology transfer often think only in terms of patents and the Bayh-Dole Act, this chapter suggests that adopting a more nuanced view of IP rights is appropriate. After reviewing the primary non-patent types of IP protection available in the U.S. (copyright, trademark, and trade secret), we explain that while patents are often considered the strongest protection, for some entrepreneurs – particularly those operating in the U.S. software and Internet sectors – patents may be the least important means of capturing value from innovation. We present evidence from the 2008 Berkeley Patent Survey to demonstrate that IP is used by U.S. startups in very different ways, and to different effects, across technology sectors and other company-specific characteristics. Contrary to the common assumption in academic discourse, we show that different forms of IP protection often serve as complements, rather than substitutes.

Keywords: Entrepreneurship, Copyrights, Trademarks, Trade Secrets, Patents

JEL Classification: L21, L26, O31, O34

Suggested Citation

Graham, Stuart J.H. and Sichelman, Ted M., Intellectual Property and Technology Startups: What Entrepreneurs Tell Us (March 1, 2016). in: Technological Innovation: Generating Economic Results, Vol. 2 (Advances in the Study of Entrepreneurship, Innovation & Economic Growth, Vol. 26, M. Thursby, ed.), pp. 163-199. (2016); Georgia Tech Scheller College of Business Research Paper No. 18-5; San Diego Legal Studies Paper No. 18-335. Available at SSRN: https://ssrn.com/abstract=3077282

Stuart J.H. Graham (Contact Author)

Georgia Institute of Technology - Scheller College of Business ( email )

800 West Peachtree St. NW
Atlanta, GA 30308
United States
404-385-0953 (Phone)
404-894-6030 (Fax)

HOME PAGE: http://https://www.scheller.gatech.edu/graham

Ted M. Sichelman

University of San Diego School of Law ( email )

5998 Alcala Park
San Diego, CA 92110-2492
United States
(619) 260-7512 (Phone)
(619) 260-2748 (Fax)

HOME PAGE: http://https://www.sandiego.edu/law/faculty/profiles/bio.php?ID=795

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