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IP, Funding, and Skepticism

Blogs > Southlight
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Southlight
Profile Blog Joined August 2007
United States11766 Posts
August 02 2011 15:30 GMT
#1
Fueled mostly by some eye-roll-worthy responses in some of the tech news threads in the General section, as well as to an extent people whining about copyright laws and such (and piracy) without really understanding how the world of money and IP works. A lot of concerns seem to revolve around the concept and structure of small businesses, as if a giant corporation like Duracell were to make a news release about a new energy source people would be significantly less skeptical (although you'd still apply the same concept of skepticism, there would be less blanket "never heard; must be scam" rubbish).

Intellectual Property
Let's just use the wiki summary for this:
Intellectual property (IP) is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law.[1] Under intellectual property law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols, and designs. Common types of intellectual property include copyrights, trademarks, patents, industrial design rights and trade secrets in some jurisdictions.


Understand that IP is money. IP is everything, for R&D. Lawyers make a living out of protecting IP, and lawyers make a living out of finding loopholes in other peoples' IP.

Misunderstanding 1: that IP = Copyright/Patent
Many seem to believe that if something is truly IP-worthy, then we'll see a copyright/patent. Actually, c/p are extremely risky and are usually a last resort. We can even call the application for c/p needing a "c/p timing." When you apply for a c/p you're by nature revealing to the world the backbone of your technology. You also need to hire a lawyer to try their best to bulletproof the c/p, and to create a vague-as-possible c/p without allowing holes. This is tough. This is also often a futile endeavor, although depending on the technology involved sometimes can be truly bulletproof (as is often the case in the medical world).

By comparison if you don't apply for a c/p, but truly have an innovative technology, not only do you keep your competitors in the dark (preventing the rise of "similarities" that can take away market share) you extend the life of your 25 year copyright/patent, because when you see that "c/p timing" you can THEN apply and THEN start the life cycle. Obviously by doing this you run the risk of someone sniping the c/p, which is why you end up needing to be pretty freaking paranoid, and so most places don't really wait that long, but this is why you'll usually not see something happen immediately. Plus, it takes a while for lawyers to draft it.


Misunderstanding 2: IP is public
Early-stage IP is extremely private, for obvious reasons (see the above). In fact, even after C/P procedures a lot of IP remains private, because companies/innovators do everything possible in the C/P procedure to keep it vague (prevent competitors from getting valuable info + allow for future changes). Furthermore a lot of processes are multi-step, and so if you lock down step 1 you don't have to lock down step 2 3 and 4. This is how medical drugs are often protected - these things are EXTREMELY methodical in production, and so they'll generally patent the original concept, then go through the FDA, who only has to publish the results of test/trials. That means when the drug comes out most people don't know much about what's going on, beyond the initial scientific discovery. There is absolutely no obligation by anyone to make a lot of this information public.


Misunderstanding 3: Academia and IP is always related
This is something that cropped up in that energy source one as well as many others of similar nature. People seem to cling to this notion that if something hasn't been published in a scientific journal then it must not be true. Here's a newsflash for you people: many innovative researchers (whom are confident they can be innovative) will AVOID Academia, and by relation scientific journals. The reason is simple: any discovery made by a scientist under an academic institution is essentially ceded to the institution. This is why these institutions hire scientists (and have the "keep publishing journals" quote), and why these institutions spend tons of money hiring, funding, and maintaining these research facilities. For most scientists the pay, the lack of hassle (budget etc.), and the unlikelihood of coming upon a money-making discovery means academia and journal articles (ie. prestige) is enough. For institutions, there is probability by numbers involved, and they usually are in the black via prestige (more discoveries = more prestige = more applicants to the institution = more money) as well as by selling the technology discovered to industry, a good example in the medical field being stuff like HGH being discovered by some university, then being sold to a pharmaceutical company.

For others, whom are confident that they can happen upon a money-making discovery, entrepreneurial endeavors simply make more sense.

These folk are the backbone of Small Business Enterprises, are often the front line of most discoveries that become commercial, and usually are involved in a private business. This means there is 1) no incentive nor obligation to shoot for prestige (scientific journals) and 2) actually an obligation for secrecy (no journals). In fact, it's absolutely stupid to publish a scientific article about your discovery, because you're releasing details to the public and shooting yourself in the foot. This of course also means that it's often much harder to verify the scientific backing of their findings (via lack of academic back-up and lack of journals), and it is also incredibly difficult to find out the true IP behind their finding. That doesn't make what they've done necessarily fake, as many people seem to conclude. This simply leads to the proceeding steps in business.


Funding, and the start of a business proposition
A small business usually starts with a concept, or IP. Without a concept, there would be nothing worth funding. Something that the world already knows or has isn't a good business venture, for obvious reasons.

Key point: Journal articles still often make for good business
This may seem like it contradicts Point 3 earlier, but it doesn't. A journal article will often detail a scientific concept, but that doesn't mean the concept if industrially prepared. It is thus perfectly reasonable for a business to be created based on the scientific concept. The likelihood of a SMALL business created by a totally unrelated party and being based on a scientific article, however, is extremely small due to the licensing fee required in purchasing the concept from the institution. This is why you'll usually see more established companies buying licenses. For many sectors this is also one of the primary starting points of R&D for big companies.


The first "step" is then to find funding. There're a lot of ways to get this done, but it's not easy. Contrary to popular belief, investors aren't stupid. It's their money, after all. For an entrepreneur this means they need to sell their idea, have something they can show that can prove that their thing works, something they can show that proves their thing is different from others. At this juncture, though, there usually isn't much to show, so there's a level of faith here. Also, despite me saying investors aren't stupid they aren't always the most knowledgeable either. You'll thus often see funding then from connections (people whom know you), trust based on references, history of work, et cetera. Essentially, if you're a no-name who's randomly come up with some ingenius idea, you're probably not getting funding. This is why you see a lot of so-called inventors speak of how they had to rip through their bank accounts to create their (failed) product - because they couldn't secure basic funding because they're no-names and/or they have absolutely nothing to show. By the point that someone is able to secure starting funding, the likelihood of something being an absolute farce goes down a decent bit. Whether the concept works, whether it's actually worth anything, et cetera is a different story, but based on that first step it's fair to say that people determined there's something "worth gambling on."

Point for Skepticism
At this point if you want to be a true skeptic, there are some clues you can (try to) get. Whom are the investors (usually you can't find this though)? Just as how you'll usually weigh a professional, world reknown poker player's hand if they do decide to gamble on it, you'll usually weigh a professional, world reknown investor for a concept they've gambled on. This is a point that'll remain true for the rest of the business procedure, so keep it in mind, but this is the first point you can start scouring for this. For example, if the person behind the concept is really going forward and is good (or is working with someone who is good) with management, then they'll create a legal private business, and so sometimes you can get stuff from their website about stuff like Board of Directors, etc. These things generally clue you into collaborators, investors (Board of Stockholders), et cetera.


Incidentally these investments are usually not very big. If a senior scientist with a PhD's average salary is like 140k (can't be arsed to find numbers) then a senior scientist with a PhD who's creating a small business might only accrue a salary of like 50k from an investment. Tight budgets and all. Financially, unless the concept is really a money-maker then going rambo simply does not make sense. This means scamming an investor is really not a good life decision, because not only do you wreck your reputation and essentially blacklist yourself from future workplaces, you're not even making much money. That doesn't mean such scamming doesn't exist (people can find ways to flub/cheat/etc. anywhere), but it's also somewhat naive to believe that every unbelievable concept is simply a scam. Something in there is creating solid evidence - the question is whether what's TRULY creating the evidence is marketable. It's why you'll often see even brilliant scientists come up with what's a world-shattering finding... only to later (and with more funded research) realize that the finding is simply backed by known mechanisms, only in a new environment. Unfortunately in most cases the only way to find this out is via more research, which costs money, and, well, you get the gist.

To that end, yes, be skeptical until things really "work out." Because until something is absolutely hammered out, there is absolutely no guarantee it'll work out. But saying "I'll believe it when it happens" is the most obvious thing in the world. You'll also find that most defenses of these things (ie. that Nobel Laureate guy that was defending the energy source research on that other forum) aren't so much for it working, but for the possibility of it working, at the current level of research. They are advocating further research and firing back at people who generalize it as a scam, without understanding that the steps the research has gone through to reach the point it has automatically give it some level of credibility. Here's a newsflash: if you hear about it, then chances are it's got some level of hope. This doesn't guarantee success, but it's a hell of a lot further along than you may realize.

Post initial funding/venture capital
Initial funding from an investor (or in rare cases multiple investors) often covers bare minimum for a very short (relatively) amount of time. A concept might get you 100k for a single year, which'll pay for like a really low salary for one person, a place to conduct research, equipment, etc.). After that, the initial investor will seek further findings, and the researcher will also usually need to find more sources of funding to expedite the R&D process. This is why a small business that has been working on one concept for a decent amount of time is relatively trustworthy in terms of "hope." Further investors are usually much more demanding.

For example, if you're looking for a second round of investment, then you're definitely going to have to show signs of progress, definite proof that the concept is real and doable, et cetera. After all, with a year under your belt you've got to have substance.

Venture capital
If you're looking for venture capital (and this is why something backed by venture capital has a significant amount of OOMPH and you'll find a lot of these things become news), you've got even more to go through because venture capital firms are strict as fuck. You've got to show like a full-blown business and research plan detailing why your thing works, how it's different from competitors, compare it to your competitors, et cetera. If your concept is being backed by a venture capital firm, you've essentially made it big, because it means someone genuinely believes that your concept has "hope." And from a spectator standpoint, if a concept is backed by a venture capital firm, it means it's gone through essentially a peer review, because these firms usually hire professionals to go through the data,, go through the concept and verify that it's worth backing. Bear in mind that venture capital firms generally have "specializations" for this reason. Of course, as with all things, for skeptic purposes look up who the firm is. While the majority of firms have history and are extremely solid in terms of how much background check they do, there will always be smaller firms that're new/looser etc. that aren't as reputable. That doesn't mean they're not, and could simply mean that they're just not established enough, but you again can't just generalize.


Grants
Tend to carry some weight with them too. I'd warn that you need to figure out who's giving the grant though. I'm not as knowledgeable about other countries, but for instance most government grants in the US are notorious for how competitive they are. Even then, you want to look at who's giving the grant, for skepticism purposes. A few years ago there were grants given out due to the Federal Stimulus Plan. As one of my bosses and I chortled, some doctor (doctor!) was given grant money for "G-Spot Enhancement". Seriously? Seriously. That said, if you can verify the grant was provided by a strong organization (ie. NIH, DoD, etc.) then you can definitely be sure there's some strong backing for the concept.


Not coincidentally this is also (especially in later iterations of requesting funding) when small companies end up being bought out by big corporations, whom want to skimp on R&D costs by taking a time-tested concept. They'll then incorporate the small company into their R&D, and since the licensing fee is essentially included in the purchasing agreement, don't have to pay a licensing fee/royalties/etc. if the concept does hit the market. For a small business such a transaction often makes a lot of sense because it alleviates financial worries, generally guarantees a stable research environment, and also allows for fast-tracked regulation.

Going public
Is a whole other beast. I can't speak for the thought-process behind doing this, but I'm leaving this section here so that people can really get a feel for how different a private company and a public company is, and how gigantic the step is going from the former to the latter. When you apply to become a public company you need to go through banks, so that someone will back you. You need to provide business plans, detailed budgets, all of your legal documents, everything. You need to make absolutely everything public (except for IP). You need an established Board of Directors, you need an established management system, you need to show your organizational structure, et cetera. You don't need to be a huge company to be public (there's no minimum IIRC, so you can really be public with like 10 people) but it's a huge freaking pain the rear. That's why if you look around online you'll find essays by smart people sharing their opinions on whether it's worth it to go public, when it's worth it, et cetera. The point I'm getting at is that most companies are not going to be public, and being public or private should have no real bearing on how "reputable" you deem a company and its concept to be. There are plenty, plenty of public companies that have nothing more than a concept, far from reaching commercial levels, many with concepts that are doomed to fail.

Conclusion
Is that there really is none, but I'm hoping that this helps people understand some of the stuff that goes on behind the scenes for a lot of these concepts. It's one thing to chortle at some of the bizarre individual "I've discovered Kryptonite!" findings of people backed by nothing except their own bank accounts. It's another thing to not give any respect whatsoever to concepts/endeavors by people/companies that have really gone through a process, weathered a storm, and have reached a point where news outlets are picking up on their progress. Again, this doesn't guarantee success, and the only way you'll know if there's success is if they reach that "endpoint." But a lot of complaints/arguments put forth can be answered by just having a better understanding of the industry and how things work, and are often extremely, really stupidly frivolous.

Happy skepticism

P.S. I'm not really a superduper expert so if people want to correct/add stuff please do :[ I'm really only going by what I've experienced in my line of work.

*****
oraoraoraoraoraoraoraora
Primadog
Profile Blog Joined April 2010
United States4411 Posts
August 02 2011 16:04 GMT
#2
Vast majority of TL does not have a clue of how these business stuff works. I am glad someone is stepping up the plate. Keep these stuff coming.
Thank God and gunrun.
Niton
Profile Blog Joined March 2009
United States2395 Posts
Last Edited: 2011-08-02 16:24:25
August 02 2011 16:07 GMT
#3
I haven't read this yet but I just wanted to say that I read IP as Influence Points because you're such a heavy LoL forums poster

Reading now!

edit: It's actually interesting! Nice article, Utah.
tree.hugger: Coming off of [(T)fantasy v. (T)Really] into [(T)Barracks v. (T)MVP] is like coming out of Manhattan into New Jersey. You just have to speed up and ignore it.
Ryalnos
Profile Joined July 2010
United States1946 Posts
August 02 2011 16:43 GMT
#4
I'm curious, to which articles in General are you referring?
Southlight
Profile Blog Joined August 2007
United States11766 Posts
August 02 2011 16:49 GMT
#5
On August 03 2011 01:43 Ryalnos wrote:
I'm curious, to which articles in General are you referring?


The two recent ones I were referring to are Rossi's catalyzer and the Voxel graphics ones. Just to be clear I have no idea if either will amount to anything, but a bunch of the replies vexed me in how they were attacking such frivolous points.
oraoraoraoraoraoraoraora
IVFearless
Profile Blog Joined November 2010
United States165 Posts
August 02 2011 17:31 GMT
#6
Great read. Well written and matched up well with the little I know of the subject.

Now, if only I had some worthwhile IP
KlaCkoN
Profile Blog Joined May 2007
Sweden1661 Posts
August 02 2011 17:42 GMT
#7
Your points about IP in academia confuse me somewhat.
At my university a scientist who comes up with an idea worth money owns that idea. However the university is entitled to a certain percentage of any earnings he makes (I think it is 25% in our case but don't quote me on that)
I'm quite sure this is how it works in the states too, I remember being told stories in lectures about various american scientists earning insane amounts of money.
On the other hand a scientist employed by a comercial company has no right at all to any of her inventions, the company claims everything. (But in turn her salary is a lot higher.)
You are right of course that not all inventions will be published in journals, in fact the vast majority of them won't be, since comercial researches write patents, not articles and there are a _lot_ more comercial researchers than university based ones.
"Voice or no voice the people can always be brought to the bidding of their leaders ... All you have to do is tell them they are being attacked and denounce the pacifists for lack of patriotism and exposing the country to danger."
Ecael
Profile Joined February 2008
United States6703 Posts
August 02 2011 17:54 GMT
#8
With the States and Academia, usually the institute in question has the claim on the IP from their faculties and these researchers are compensated in other ways. There are a bit of wiggle room in this however, which mostly comes down to the exact contract that the institute in question has with their staff.
Southlight
Profile Blog Joined August 2007
United States11766 Posts
August 02 2011 17:57 GMT
#9
I think it'd depend on the institution etc., I was making a bit of a generalized point. Perhaps too generalized I know one of my former bosses found a novel protein, but the university basically had full license control of it, so he saw not a single penny (beyond his normal salary).

Of course a scientist under a standard industrial corporation would see the same effect, as they are working for an institution, who will retain rights to all innovations by its employees (barring a different sort of contract).
oraoraoraoraoraoraoraora
jdseemoreglass
Profile Blog Joined July 2010
United States3773 Posts
August 02 2011 18:46 GMT
#10
I don't know about IP... Something really, really bothers me with the idea of purposefully, artificially limiting the supply of a good that can be reproduced for practically no cost at all, so that people are forced to pay more than they could. I understand the reasoning but it just seems so counter intuitive.
"If you want this forum to be full of half-baked philosophy discussions between pompous faggots like yourself forever, stay the course captain vanilla" - FakeSteve[TPR], 2006
Probe1
Profile Blog Joined August 2010
United States17920 Posts
August 02 2011 19:01 GMT
#11
On August 03 2011 01:49 Southlight wrote:
Show nested quote +
On August 03 2011 01:43 Ryalnos wrote:
I'm curious, to which articles in General are you referring?


The two recent ones I were referring to are Rossi's catalyzer and the Voxel graphics ones. Just to be clear I have no idea if either will amount to anything, but a bunch of the replies vexed me in how they were attacking such frivolous points.


You know, I'm skeptical about those articles. Not due to a lack or misunderstanding of intellectual property.

Because the data presented is weak and half the search results involve the word fraud or shill. Just saying- some people will agree, disagree or plain argue with anything for the sake of it. But some of us like a little more evidence in our coffee.
우정호 KT_VIOLET 1988 - 2012 While we are postponing, life speeds by
Ecael
Profile Joined February 2008
United States6703 Posts
August 02 2011 19:09 GMT
#12
On August 03 2011 04:01 Probe1 wrote:
Show nested quote +
On August 03 2011 01:49 Southlight wrote:
On August 03 2011 01:43 Ryalnos wrote:
I'm curious, to which articles in General are you referring?


The two recent ones I were referring to are Rossi's catalyzer and the Voxel graphics ones. Just to be clear I have no idea if either will amount to anything, but a bunch of the replies vexed me in how they were attacking such frivolous points.


You know, I'm skeptical about those articles. Not due to a lack or misunderstanding of intellectual property.

Because the data presented is weak and half the search results involve the word fraud or shill. Just saying- some people will agree, disagree or plain argue with anything for the sake of it. But some of us like a little more evidence in our coffee.

The issue raised though isn't so much about the prospects of those technologies as it is about the skepticism leading to automatic denial of any prospect for the said technologies. Evidence is nice, but the nature of the business world also mean that with small startups, you are much less likely to get the amount (and kind) of evidence that you'd like. This blog is much more aimed at tackling the general ignorance behind the mechanisms of IP and funding, not so of a support for the cases in those examples.
Probe1
Profile Blog Joined August 2010
United States17920 Posts
August 02 2011 19:16 GMT
#13
Uh.. Okay, granted you are correct- it is perfectly reasonable for a group or individual to protect their rights and it is also logical that most skepticism is less sincere and more like mob rule. I don't disagree with the content of the blog. How can I? There's nothing wrong with clarifying the terminology that is core related to the skepticism.


I still, however, felt it necessary to post dissent in the reason for my skepticism. I don't believe so, but if my post is just shitting the place up then I apologize.
우정호 KT_VIOLET 1988 - 2012 While we are postponing, life speeds by
Southlight
Profile Blog Joined August 2007
United States11766 Posts
Last Edited: 2011-08-02 19:36:49
August 02 2011 19:32 GMT
#14
On August 03 2011 03:46 jdseemoreglass wrote:
I don't know about IP... Something really, really bothers me with the idea of purposefully, artificially limiting the supply of a good that can be reproduced for practically no cost at all, so that people are forced to pay more than they could. I understand the reasoning but it just seems so counter intuitive.


A good example of this is that to create a single vial of protein therapeutics medication it costs
- A facility (insert cost as you will, but most dedicated facilities are built ground-up with specific architectural requirements, as most machines have space and supplementary needs)
- Machinery - even running the most inefficient (but easiest to use) hollowfiber reactor costs something like 700k per machine, which produces IIRC one pound worth of protein mass per year.
- (annual) machine maintenance - excluding installation and check-up fees
- materials - several thousand for cell lines, more for the protein being used, even more for the serum, although running serum-free media in a hollowfiber defuses costs a bit. Running serum in a traditional batch would require something like 1000L of serum at like 2$ a L, per run. then you have
- all of the above for preparation procedures, such as purification

... for production.

Fortunately running tests doesn't require the batch + 1kL but you're still running god knows how many trials. And this doesn't even count the number of experiments/concepts that fail!

A standard biopharma company chews through half a million to a million EASILY on a year just on machine/material costs, without including scientist salaries, management costs, facility costs, etc. And certainly without counting startup facility costs (which is incidentally why many startups based on concepts pre-production trials prefer running tests through third-party core resource centers, which would defuse machinery/facility costs but replace them with handling + service fees).

So we're looking at like 1 million per year for a lab of 3-4 scientists easily. And 95%+ of these endeavors fail.

So when a company DOES happen upon a product that succeeds...

God forbid they want to make money to recuperate the costs of R&D and also tie into the next R&D cycle!

Edit:
Incidentally creating an actual production facility at minimal projections would need like 14 of these hollowfiber reactors from talks I sat in on once, which would amount to a start-up cost of 10M on base protein-creation machinery, which is but one aspect of the entire process (as I mentioned you have to prepare the proteins to put into the reactors, you have to prepare the spit-out product from the reactor into actually being something of a protein, etc.). Balancing production costs vs sales, is it then a surprise that the vast majority of companies (even the big ones!) aren't actually making much of a profit, and that most pharmaceutical companies (even the big ones!) have been forced into mergers of late? Obviously other industries will have varying levels of copyright need and such, but this is why copyrights are considered a holy grail for a good number of industries.

Copyrights have been given a bad rap because of "the big bad greedy boys" but for most R&D operations are an absolute financial need and lifeline. Without them we'd have no incentive for high-cost R&D (because they'd never recuperate the costs) and a brick wall in terms of development progress.
oraoraoraoraoraoraoraora
Ecael
Profile Joined February 2008
United States6703 Posts
August 02 2011 19:38 GMT
#15
On August 03 2011 04:16 Probe1 wrote:
Uh.. Okay, granted you are correct- it is perfectly reasonable for a group or individual to protect their rights and it is also logical that most skepticism is less sincere and more like mob rule. I don't disagree with the content of the blog. How can I? There's nothing wrong with clarifying the terminology that is core related to the skepticism.


I still, however, felt it necessary to post dissent in the reason for my skepticism. I don't believe so, but if my post is just shitting the place up then I apologize.

I am rather skeptical about the 2 examples Southlight linked myself, actually. If you think that the data is weak and the search results you found weren't satisfactory, well, that's perfectly valid as a reason for skepticism in my books. The problem is more that rather than being skeptical, a lot of the posts in those threads were closer to directly dismissing the technology because of the lack of disclosure on something that isn't meant to be disclosed. Then arguing that the said lack of disclosure is unnatural, etc, when it makes perfect sense from a business perspective.

In all, there are worlds of difference between the publicity and transparency you'd find for IP and R&D between academia, big businesses and small businesses. Trying to lump them all together the way some of the posts from those threads were is simply silly and makes no real point at all. That's the kind of posts that the contents of this blog is targeting. A healthy dose of skepticism never hurts anyone, just got to have the proper scope.
Southlight
Profile Blog Joined August 2007
United States11766 Posts
August 02 2011 19:49 GMT
#16
Yeah, to add to that I'll happily admit I don't know enough, didn't bother doing any research, and am largely in the "uhh I'll believe it when I see it" standing. Primarily because I'm nowhere near knowledgeable to pass judgment, especially on the graphics one where literally all there is are two videos and a bunch of hype articles. The energy one, the research simply flies over my head so it'd be stupid of me to say anything.

But there are comments like

On July 27 2011 03:34 nemo14 wrote:
But the entire "you aren't allowed to see the mechanism at work" approach leads me to think that they are either frauds or have discovered/engineered something so simple that there is no way it could ever be patented. I'll believe it once somebody has cracked one of these black boxes open and shared what he finds with the world.


On July 27 2011 03:40 Jenbu wrote:
I remember seeing this maybe last year. From what i remember reading up about it, this is a scam. There are many interests in this project from notable con artists and in general, there is a lack of peer reviewed papers in notable scientific journals.
oraoraoraoraoraoraoraora
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