Guiding Rights Newsletter:
Small Business Success
from Mark V.B. Partridge

1:5
Guiding Rights
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Greetings!

This month we explore how small businesses can use intellectual property to create incredible business success.
 
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-Mark Partridge
The Guiding Rights Attorney

For more info see www.GuidingRights.com
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How One Small Business Used IP to Create Incredible Success
When I speak to business owners, entrepreneurs and CEOs, they often want to know how a small businesses can capitalize on intellectual property.  They wonder, is IP protection for big firms only?  What difference does IP make to them?  Sure, it's nice to know that IBM earns billions each year in royalty payments on its IP portfolio, but what about the rest of us?

Here's a small business success story built on IP rights.  It involves a small group of software developers led by a college drop-out.  Like many developers, they were hired to do programming for others on an hourly basis.  One day, however, IBM knocked on their door, wanting an operating system for its new line of computers. 

The programmers didn't have anything on hand to fit the order, but were aware of another small firm, Seattle Computer Products, with a suitable program called "the Quick and Dirty Operating System."  The programmers bought QDOS for $75,000, renamed it DOS, and licensed it to IBM for an advance of several hundred thousand dollars.

The profits didn't stop there, however, because the programmers wisely gave IBM a non-exclusive license, leaving themselves free to license DOS to others.

By 2006 the revenues of this once small software company had grown to $44.3 billion.  Quite a return on its early $75,000 investment.

You probably recognize the small business I'm describing.  The history of Microsoft, now one of the most successful companies in the world, provides a great lesson for how a small business can use IP rights to create incredible revenue and success.  The story also demonstrates the genius of Bill Gates as an entrepreneur.  He recognized that retained IP rights would be the company's ticket to success.  As he said later:

"Our restricting IBM's ability to compete with us in licensing MS-DOS to other computer makers was the key point of the negotiation.  We wanted to make sure only we could license it. . . . We knew that if we were ever going to make a lot of money on DOS it was going to come from the compatible guys, not IBM."

The DOS story illustrates one way small businesses can use IP rights to create success.  Based on our experience with businesses of all sizes we see four key ways to make money with IP.

1. Charge a premium for your goods and services.

Consider generic cola v. COKE. Why is one worth more? Because Coca-Cola has used IP to enhance the value of a simple commodity. It receives a premium because it has a secret formula and a distinctive well-known brand. Generic cola has a formula, too, but it's not secret; it also has a name, but it is not distinctive. Anyone can make cola and use the cola name. IP keeps COKE from being copied. The formula is protected as a trade secret and the brand is protected as a trademark.

2. Earn additional revenue.

Consider the average software developer v. Microsoft. The software developer is a knowledge worker paid for her labor. If she doesn't work, she can't make any money. Without her work, her business has no value. Microsoft uses IP to turn the product of many knowledge workers into property that can be licensed and sold. Once that is done, Microsoft can make money without further time and effort from the knowledge worker. Copyrights and patents are the IP rights that keep others from copying Microsoft's products.

3. Increase market valuation.

The value of a commodity business is typically the book value of its hard assets. The market value of an S&P 500 company is usually several times book value. The difference is largely the value of IP.

4. Create marketable assets.

Markets exist for the resale of IP rights. Ross Perot has invested in a $200 million IP fund based on patent assets. David Bowie raised $57 million selling bonds backed by the royalties in his recordings. Ocean Tomo, an intellectual capital merchant bank in Chicago, has created an auction market where IP rights are traded.  These financial strategies let IP owners cash in on IP assets.

Small businesses can benefit from these strategies by turning more of their business assets into valuable IP assets. Unfortunately, many ignore simple, inexpensive steps to secure these rights, leaving others - like Apple, Microsoft, and IBM - to charge ahead. What are you doing with your IP to secure your business success?

For more ideas on how your business can use IP to create incredible success, visit www.GuidingRights.com

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By Mark V.B. Partridge, author, speaker and attorney with more than 25 years of experience helping major corporations, business owners and creative professionals protect their brands.  Learn more here
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Author, speaker and attorney Mark V.B. Partridge is an internationally recognized expert in intellectual property.  He has over 25 years of experience helping Fortune 500 businesses, entrepreneurs and creative professionals protect their intellectual property.
 
As a member and resource speaker for Vistage, the world's largest CEO membership organization, Mark knows the language and needs of today's business leaders.  His ability to use stories and real-life examples to explain essential IP issues in direct, usable terms, without legalese, sets him apart from others speaking on his topics.      
 
As a featured speaker, he has appeared before a wide range of businesses and associations at programs in 13 states, as well as Canada, Puerto Rico, Brazil, the Netherlands, Switzerland and Russia.  
 
His programs are fun, rich with valuable content, and filled with dynamic stories and examples that bring IP issues to life.
 
Learn more at www.GuidingRights.com 
We offer customized seminars, workshops and keynotes for your business or assocation.  Call today for more information, 312-554-7922, or email mpartridge@pattishall.com.
 
Sincerely,
 

Mark Partridge
The Guiding Rights Attorney