There are several junctures the place any firm, and particularly a Unicorn having an abnormally significant valuation, is most vulnerable when using a weak IP situation: coming into new marketplaces with set up incumbents, and approaching an exit position like an IPO (or M&A).
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While the IP gap documented in our examine of course doesn't hinder the billion dollar valuations inside the temporary, we forecast that it could pose major difficulties in the long term, as these Unicorns strive to sustain their competitive edge, or solution an exit occasion.
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They'll need to obtain patents in a short time to create a posture, which was amongst our conclusions. Lots of them is not going to survive, as Many of these valuations are artificially inflated by buyers, but considering that They're out there Using these valuations, There is certainly definitely an IP publicity for them.
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Facebook now has more (and experienced approximately as many at some time of IPO) patent belongings than all the listing of 95 US present Unicorns.
At Nest what we did was Make certain that we've been putting [energy in] a lot of patents … This is often what You must do to disrupt big earnings streams.”
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Beneath present-day US “initially to file” patent routine article-AIA, Unicorns that exhibit no natural patent advancement could possibly have lost the chance to patent a sizable portion of their Main inventions because of lacking critical priority dates, and might need for making up for it by purchasing patents (or corporations Keeping patents) in response to aggressive threats, expending many an incredible number of dollars in the method.
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Fb, certainly one of the original Unicorns, was hit by a patent lawsuit filed by Yahoo a month before its IPO, which is an extremely vulnerable exit level the place a lawsuit is often harmful and most likely even derail an IPO.
Furthermore, our working experience shows that emerging Application providers (which represent over 65% in the sample) are more unlikely to have a massive IP portfolio, as when compared with pharma, biotech, or components providers, as their valuation depends more on the volume of Naked 30% buyers from the early stage.