How do I join PatentShield?
Startups wishing to join PatentShield meet with Intertrust’s venture selection committee. We will review your business plan and assess the joint opportunity. If you are selected, you will be asked to provide PatentShield with a small amount of equity – just like to a new investor and you’re in. At this point, PatentShield is not available for a monetary subscription and is only available for equity – if you are selected, we believe in you and want to grow with you. As part of PatentShield, you also get general advisory services on IP strategy and we will help you grow your business as part of our venture family.
If I get sued, do I get to choose the patents to use from the defensive portfolio?
Yes, your selection from the portfolio is under your control. We will provide assistance where possible to identify the best patents to fit your specific instance – however, the decision as to which patents you ultimately select lies with you.
Do I have control of the patents that I acquire through PatentShield?
Yes. As part of the assignment process, full rights of ownership in the patents is transferred to your company so that you may use them in the courts to defend against your attacker.
I do business internationally. Does PatentShield also contain patents that can be used in jurisdictions outside of the US?
Yes, the defensive portfolio contains patents in all of the world’s major patent geographies, including the US, Europe, Japan, China, as well as Canada and greater Asia-Pacific.
Does a member startup have to share any proceeds received from its defensive countersuit with Patent Shield?
No. Any settlements or net proceeds your company receives as a result of your defensive countersuit are yours to keep in their entirety. This is one of the intended benefits of being a member of PatentShield.
Can PatentShield be used by large established companies as well as startups?
PatentShield’s mission is to provide assistance to innovative, growth-oriented, small to medium companies. At the moment, and consistent with this focus, we do not offer an analogous program for large public companies.
Do I need to contribute my own patents to be part of the defensive portfolio if I join?
No. Your company’s patents are yours and will remain so. We do not ask that you contribute your patents to the PatentShield defensive portfolio for access by other member companies.
In order to participate, will I need to license other companies that are also members of PatentShield to patents that I own?
No. PatentShield is not a patent co-op or a patent licensing clearinghouse. As a PatentShield member you are under no obligation to cross-license your patents to other members.