1. (C) 2010. Leslie Wagner. LW-IP Consulting. All rights reserved.1 Introduction to IP and Licensing Leslie F. Wagner Intellectual Property and Licensing Consultant (858) 442-5758 leslie.wagner@ymail.com www.lw-ipconsulting.com

2. (C) 2010. Leslie Wagner. LW-IP Consulting. All rights reserved.2 The Total Package Intellectual Property (IP), licensing encompasses: Patents Utility (utilitarian/functional elements and features) Design (ornamental features) Plant patents (asexually reproduced). Copyrights documents, web sites, manuals, instructions, marketing materials, software, etc. Trademarks phrase, term, symbol, smell, sound, color, trade dress and product design that identify the source of the product (who not what). Trade secrets unpublished information, processes, formulas, etc., that offer you a competitive advantage Create alignment in order to take advantage of your unique marketing opportunities. Effectively protect your entire IP portfolio.

3. (C) 2010. Leslie Wagner. LW-IP Consulting. All rights reserved.3 The Linked Approach Marketing is the link to a successful licensing strategy How well do you know your product? Your market? Commercial (business), Consumer (household) or both? Market size/opportunity for your target market Industry Competition - not just who but what Do you know the 5-Ps to marketing your product? Product Place Price Promotion Positioning Get to your know your product and its marketability in order to establish a more rewarding licensing approach.

4. (C) 2010. Leslie Wagner. LW-IP Consulting. All rights reserved.4 The Framework Who are you doing business with? Qualifications How many partners? Exclusivity, non-exclusivity, sub-licensing What are you going to license? The total package Where and how will your product be manufactured and distributed? IP protection How do you want to earn revenue from your licensed product? Profit vs. Margin Volume vs. Sales Upfront license fees, royalty-free or royalty-bearing Reporting requirements

5. (C) 2010. Leslie Wagner. LW-IP Consulting. All rights reserved.5 Partner Selection Partner = potential licensing entity, distributor, channel partner, or other entity that you may engage in the manufacture, sale and distribution of your product. Qualification market position product offerings financial resources marketing plan sales infrastructure supply chain distribution channel technical abilities engineering resources forecasting plan warranty issue resolution corporate culture overall track record exit strategy

6. (C) 2010. Leslie Wagner. LW-IP Consulting. All rights reserved.6 Putting it all together Now youre ready to proceed…with caution. First… IP protection established Non-Disclosure Agreement has been signed with each potential Partner Contractual requirements Term Reporting Requirements Review Requirements/Monitoring Revenue Management Limitations (field of use, geographic, market, derivatives, etc.) Indemnification – manufacturings unique issues Warranty Exit Strategy

7. (C) 2010. Leslie Wagner. LW-IP Consulting. All rights reserved.7 IP and Licensing Leslie F. Wagner Intellectual Property and Licensing Consultant (858) 442-5758 leslie.wagner@ymail.com www.lw-ipconsulting.com