A patent is an asset — says this Texas-based intellectual property expert. Photo via Getty Images

Seeking patent protection can offer a substantial competitive advantage to startups looking to raise capital, especially during a venture capital downturn. Besides the protection patents can provide against intellectual property theft, they are also assets that can translate into expansion opportunities and additional revenue streams. These factors are important to institutions and individuals that invest in startups, as they may reduce downside risks to their investments and help outline a growth trajectory.

As Kathi Vidal, under secretary of commerce for intellectual property and director of the U.S. Patent and Trademark Office, said during a speech last year, “having a [patent] pending application helps secure funding, and it keeps potential competitors out of your space.”

The experience of Austin-based VoChill, a startup that created a new line of personal wine chillers, offers a case study of how filing for patent protection as early as possible can set up any startup for success, not only when seeking to raise capital, but also when working to expand its commercial relationships and distribution channels.

Filing for patents quickly gave VoChill’s founders a competitive advantage when approaching potential investors, as it demonstrated the management team’s high level of preparedness and business acumen. For investors who eventually committed capital to the startup, the filings signaled a safer bet on investing in VoChill.

There is plenty of evidence indicating that patents help attract capital and generate growth opportunities. A study conducted by professors from Harvard Business School and New York University’s Stern School of Business found that patent protection increased startups’ odds of receiving venture capital funding by 59 percent.

PitchBook data shows that startups seeking patents raise more capital than their non-patent-seeking peers. About 58 percent of venture capital went to startups with patents or with patent applications from 2011 to 2020, the research firm notes.

Patents can also help drive a startup’s expansion and grow sales. According to the National Bureau of Economic Research, or NBER, the approval of a startup’s first patent application increases its employee growth by 36 percent over the following five years. After five years, a new company with a patent increases its sales by a cumulative 80 percent more than companies that do not have a patent.

Patents can also increase a startup’s chances of obtaining distribution deals or, in the case of consumer products, partnerships with retailers. In VoChill’s experience, patent protection is a recurring theme in conversations not only with investors but also distributors and retailers.

Patents offer startups the possibility to pursue a licensing model as well. Licensing or selling the rights to a patent so that others may produce products or processes based on that patent can bring in ongoing revenue streams.

Down the line, having patent protection can lead to better exit opportunities, be it by going public or via a private divestiture.

According to the NBER, having patents more than doubles the probability that a startup is eventually listed on a stock exchange.

PitchBook data, meanwhile, shows that patent-seeking companies go public at a rate more than five times higher than non-patent-seeking companies (23.2 percent versus 4 percent).

In the case of exits via a sale of the startup, the median exit value for patent-holding companies is 154.9 percent higher than it is for companies without patents per year on average, according to PitchBook.

While the business case for seeking patent protection is clear, startups should keep a few considerations in mind when seeking to do so. Understanding time bars is crucial; for example, the United States generally allows only one year to file a patent application after an invention is publicly written about, shown, used, or otherwise disclosed, and overseas often no one-year “grace period exists.”

Still, other important predicates are finding out whether the innovation is truly new, identifying the most crucial components of a product or system, and thinking about what aspects competitors are likely to discover and copy.

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Chris Palermo is partner at Baker Botts where he specializes in intellectual property development. Lisa Pawlik is CEO of VoChill, a company that creates individual wine glass chillers.

A patent is an asset — one with a price associated with it when it comes to procuring a loan for your business. Photo via Getty Images

Rice research: What innovations can be used to borrow against?

Houston voices

For companies and leaders, patents represent important assets. They’re a marker of innovation and tech development. But patents do so much more than protect intellectual property. Firms increasingly deploy them as collateral to secure loans. Between 1995 and 2013, the number of patents pledged as loan collateral increased from about 10,000 to nearly 50,000. Forty percent of U.S. patenting firms have used patents as collateral.

However, patents are intangible assets, and their liquidity and liquidation value are difficult to assess. To evaluate an individual patent, lenders must consider the invention space to which the patent belongs. A patent’s linkage to prior inventions can provide important information for lenders, as the linkage affects the extent to which the patent under consideration may be redeployed and potentially purchased by other firms in the case of loan default.

Rice Business professor Yan Anthea Zhang examined more closely how this market operates and how both lenders and borrowers can make more informed decisions on which patents make appealing collateral. In their paper, “Which patents to use as loan collateral? The role of newness of patents' external technology linkage,” Zhang, who specializes in strategic management, and her co-authors studied the data on 107,180 U.S. semiconductor patents owned by 436 U.S. firms. The team focused on semiconductor patents because the semiconductor industry involves intensive innovation, which leads to many patent applications and grants. The market for semiconductor patents is an active and well-functioning market, given specialization in different stages of the innovation process and the growing technological market. Information on whether a patent was used as loan collateral came from the USPTO Patent Assignments Database.

Zhang and her colleagues argue that lenders prefer patents linked to prior inventions that are relatively new because these patents are riding on recent technology waves and are less likely to become obsolete. As a result, such patents are likely to remain deployable to other firms in the future. However, patents that are based upon too new prior inventions might not prove to be commercially viable and carry higher risk for lenders.

As a result of this research, Zhang and her colleagues found an inverted U-shape relationship to demonstrate the likelihood that a patent will be used as loan collateral. On one end, patents based upon the newest prior inventions, on the other, patents based upon mature prior inventions. The curve of the U-shape represents the sweet spot for patent collateral—the patents’ technological base is new enough to be relevant and competitive with other firms in its invention space, but not so new that it has yet to prove market success.

Zhang’s team also found that the impact of external linkage also varies depending on borrower attributes, especially the borrowers’ expertise in the invention space. If a borrower is a technological leader in the invention space, the market tends to give the borrower credit, and as a result, even if its patents are based upon very new prior inventions, its patents are still likely to be accepted as collateral.

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This article originally ran on Rice Business Wisdom and was based on research from Yan Anthea Zhang, the Fayez Sarofim Vanguard Professor of Management at Rice Business.

Doris Taylor from the Texas Heart Institute has been named to the National Academy of Inventors.

Houston inventor receives national recognition for leading innovation

Leading lady

A Houston inventor is being recognized for her leadership within cardiovascular regenerative medicine. Doris A. Taylor from the Texas Heart Institute has been named among the National Academy of Inventors' 54 academic inventors to the spring 2019 class of NAI Senior Members.

Taylor's work involves finding alternatives for the current practices for organ transplants, including the whole organ decellularization/recellularization technologies she developed in 2008.

"Dr. Taylor's work has revolutionized the field by making it possible to bioengineer scaffolds that effectively mimic natural organs," says Dr. Darren Woodside, Texas Heart Institute's vice president for research, in a news release. "The three U.S. patents she currently holds have spun off 28 international patents, stimulating the worldwide tissue engineering industry. Her current research team is refining these technologies and developing others, potentially revolutionizing the transplantation industry and eliminating wait lists for life-saving transplantable organs."

NAI selects its honorees by identifying their impact on the welfare of society, the release reads, and have proven success with their patents, licensing, and commercialization.

NAI Senior Members are active faculty, scientists and administrators from its Member Institutions who have demonstrated remarkable innovation producing technologies that have brought, or aspire to bring, real impact on the welfare of society. They also have proven success in patents, licensing and commercialization.

An individual's nomination for the NAI Senior Member class by its supporting institution is a distinct honor and a significant way for the organization to publicly recognize its innovators on a national level.At their host institutions, Senior Members foster a spirit of innovation, while educating and mentoring the next generation of inventors.

The new class of NAI Senior Members includes representatives from 32 institutions. Texas A&M University has two researchers in the class — Robert Balog, an associate professor in the Department of Electrical and Computer Engineering, and Balakrishna Haridas, a professor of practice in the Department of Biomedical Engineering and executive director for technology commercialization and entrepreneurship for the Texas A&M Engineering Experiment Station.

This latest class of NAI Senior Members represents 32 research universities and government and non-profit research institutes. They are named inventors on over 860 issued U.S. patents. In February, two Houston inventors were named to the inaugural class of senior members.

"NAI Member Institutions support some of the most elite innovators on the horizon. With the NAI Senior Member award distinction, we are recognizing innovators that are rising stars in their fields," says Paul R. Sanberg, NAI president, in the release. "This new class is joining a prolific group of academic visionaries already defining tomorrow."

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CultureMap Emails are Awesome

10+ can't-miss Houston business and innovation events in February

where to be

Editor's note: February may be short, but its event calendar isn’t. From recurring monthly favorites to the return of annual celebrations and summits, here's what not to miss and how to register. Please note: this article may be updated to include additional event listings.

Feb. 2 — Entrepreneurship Roundtable with OPEN

Join founders, builders and innovators as they explore what it takes to create, scale and sustain meaningful ventures. This event, hosted by Open Houston, will be moderated by Faisal Bhutto, president and CEO of Houston-based end-to-end IT and cybersecurity company Alykas.

This event is Monday, Feb. 2, from 11 a.m.-1 p.m. at the Ion. Register here.

Feb. 3 — Tech+Tequila Talk: Tax Equity: Aligning Incentives for Founders, Investors & Philanthropy

Hear from guest speaker Cesar de la Cerda, founder and CIO of EnvisionVest, at the latest installment of Tech and Tequila Talk. The event will focus on using the tax code as a powerful fundraising tool.

This event takes place Tuesday, Feb. 3, from 5-7 p.m. at the Ion. Register here.

Feb. 5 — Ion Block Party Mardi Gras

Let the good times roll while networking with potential collaborators, mentors and investors at the Ion. Food and drink will be available, and the Ion will provide drink tickets for one free drink at Second Draught upon check-in.

This event is Thursday, Feb. 5, from 4-7 p.m. at the Ion. Register here.

Feb. 10 — Mercury Fund Day at the Ion

The Ion and Houston's Mercury Fund will host this special event, previously known as Software Day. The event will feature a panel that dives into how Mercury is pushing the boundaries of what’s possible with agentic AI and blockchain. A select group of early-stage software startups will also participate in office hours before the panel. Afterwards, all attendees can network during happy hour at Second Draught.

This event is Tuesday, Feb. 10, from 3:30-7:30 p.m. Register here.

Feb. 11-12 – In-Space Physical AI Workshop

Rice Nexus is bringing together industry leaders, government agencies and academia to explore the cutting edge of AI in space exploration. Matt Ondler, president of Aegis Aerospace, will present the keynote address. Other industry leaders from NASA Johnson Space Center, Intuitive Machines, Microsoft and Rice University and other organizations will participate. The event will close with the Inaugural Space Galette Reception hosted by the Consulate General of France in Houston and the Rice Space Institute.

This event begins Wednesday, Feb. 11, at the Ion. Register here.

Feb. 12 — State of the City

Houston First Corporation and the Greater Houston Partnership will host Mayor John Whitmire’s State of the City luncheon. Whitmire will share an update on his administration’s progress since taking office and highlight his top priorities that will continue to elevate Houston and its economy.

This event is Thursday, Feb. 12, from 11 a.m.-1:30 p.m. at the Hilton Americas-Houston. Register here.

Feb. 12 — Positioning Houston as the Brain Capital of the World

David Gow, CEO of the Center for Houston's Future, will present "Positioning Houston as the Brain Capital of the World" at the University of Houston Honors College Leadership Forum. Gow will share how Project Metis aims to establish Houston as a global hub for brain health research, innovation and economic development.

This event is Thursday, Feb. 12, from 7:30-9:30 a.m. at The Junior League of Houston. Register here.

Feb. 13 — From Research to Enterprise: Immigration & Innovation

Innov8 Hub will host an in-person seminar as part of its Startup Resources Series, focused on the intersection of immigration law, entrepreneurship and technology commercialization. The session will feature guest speakers Mario Cantu, Shilpa Ghurye and Vikesh Patel of KM&D PLLC, who will share insights for founders and innovators navigating legal pathways while building and scaling technology-driven ventures.

The event is Friday, Feb. 13, from 1-2 p.m. at the Innovation Center at UH Technology Bridge, Building 4. Register here.

Feb. 18-20 — TMC AI Summit

UTHealth Houston and Texas Children’s Hospital are bringing back the TMC AI Summit for its third year. This event is focused on translating advanced AI innovations into practical, real-world solutions for the biomedical and healthcare industries. It will be broken up into three tracks and will feature poster and oral presentations, workshops and tutorials, industry talks and student research showcases.

The event begins Wednesday, Feb. 18, at the Duncan Neurological Research Institute. Register here.

Feb. 26 — Transition on Tap

Greentown Labs’ signature networking event returns in February to foster conversations and connections within Houston's climate and energy transition ecosystem. Entrepreneurs, investors, students, philanthropists and more are invited to attend, meet colleagues, discuss solutions and engage with the growing community.

The event begins Monday, Feb. 26, from 5:30-7:30 p.m. at Greentown Labs. Register here.

Feb. 26 — NASA Tech Talk

Every fourth Thursday of the month, NASA experts, including longtime engineer Montgomery Goforth, present on technology development challenges NASA’s Johnson Space Center and the larger aerospace community are facing, and how they can be leveraged by Houston’s innovation community. Stick around after for drinks and networking at Second Draught.

This event is Thursday, Feb. 26, from 6-7 p.m. at the Ion. Register here.

Houston maritime startup raises $43M to electrify vessels, opens new HQ

Maritime Mission

A Houston-based maritime technology company that is working to reduce emissions in the cargo and shipping industry has raised VC funding and opened a new Houston headquarters.

Fleetzero announced that it closed a $43 million Series A financing round this month led by Obvious Ventures with participation from Maersk Growth, Breakthrough Energy Ventures, 8090 Industries, Y Combinator, Shorewind, Benson Capital and others. The funding will go toward expanding manufacturing of its Leviathan hybrid and electric marine propulsion system, according to a news release.

The technology is optimized for high-energy and zero-emission operation of large vessels. It uses EV technology but is built for maritime environments and can be used on new or existing ships with hybrid or all-electric functions, according to Fleetzero's website. The propulsion system was retrofitted and tested on Fleetzero’s test ship, the Pacific Joule, and has been deployed globally on commercial vessels.

Fleetzero is also developing unmanned cargo vessel technology.

"Fleetzero is making robotic ships a reality today. The team is moving us from dirty, dangerous, and expensive to clean, safe, and cost-effective. It's like watching the future today," Andrew Beebe, managing director at Obvious Ventures, said in the news release. "We backed the team because they are mariners and engineers, know the industry deeply, and are scaling with real ships and customers, not just renderings."

Fleetzero also announced that it has opened a new manufacturing and research and development facility, which will serve as the company's new headquarters. The facility features a marine robotics and autonomy lab, a marine propulsion R&D center and a production line with a capacity of 300 megawatt-hours per year. The company reports that it plans to increase production to three gigawatt-hours per year over the next five years.

"Houston has the people who know how to build and operate big hardware–ships, rigs, refineries and power systems," Mike Carter, co-founder and COO of Fleetzero, added in the release. "We're pairing that industrial DNA with modern batteries, autonomy, and software to bring back shipbuilding to the U.S."

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This article originally appeared on EnergyCapitalHTX.com.