Some TTPs believe their responsibility for a technology ends when the License Agreement is signed. Often, it’s true that the TTP will hardly be involved in the contract monitoring done by others in the TTO. This is fortunate since the TTP has many other inventions/IP to move on to. However, there is one area of licensing where the TTP really should stay more hands-on involved after signing: when the license is to a start-up.
The TTP’s active assistance to the early-stage start-up can make the difference between success and failure for the venture. Although the TTP should avoid any involvement that would create a conflict of interest or commitment and should also stay away from any consulting or management role, the TTP can and should actively assist the start-up in several ways. For example, in the earliest stages of development, the TTP should provide advice to the start-up regarding their business plan and their implementation of the license. The TTP can make introductions to investors and potential sub-licensees and/or commercialization partners. The TTP should also actively collaborate between the inventor, the start-up, and the patent lawyer to assure the best possible IP outcome for the benefit of all. The TTP can facilitate funding of the start-up by government agencies and can gently advocate for the start-up in its dealings with institutional departments regarding rental of space and facilities.