4. 1. Non-Disclosure Agreements and Independent
Contractor Agreements prior to discussing with others
and hiring outside developers.
2. Early research and executive summary are key.
3. Operating Agreement; Non-Compete Agreement.
4. LLC vs. Corp., particularly if seeking VC funding.
PHASE I: FUNDAMENTALS
PHASE I: FUNDAMENTALS
6. 5. Clearance and Intent-to-Use Applications; Logos;
Taglines; Trade Dress, consistent with domain name
and branding message.
6. Clearance to avoid ‘blocking patents’ and
Provisional or Non-Provisional filing to safeguard
rights and establish viability; Design patent if
applicable.
7. Especially worthwhile if software being developed,
but Assignment agreement and recordation needed
when independent contractor(s) involved.
PHASE II: IP PROTECTION
PHASE II: IP PROTECTION
8. 8. Typically 6-12 members with industry
connections/expertise, and usually there’s a .1-1%
equity stake per member involved.
9. Non-Disclosure and Non-Compete Agreements
recommended.
10. 10-15% equity stake common for seed-stage
investors, so bootstrapping, personal loans,
incubators or accelerators could be preferable.
PHASE III: PRE-LAUNCH
PHASE III: PRE-LAUNCH
10. 11. Focus on building technical team for beta launch,
preparing Employment Agreements, Non-Disclosure
Agreements, and Non-Compete Agreements.
12. Accounting/payroll/ benefits administration as
company expands.
13. ‘Agile development’ key for software, web services
and online media, soliciting as much real-world
feedback as possible, including focus groups.
PHASE IV: BETA PRODUCT
PHASE IV: BETA PRODUCT
11. 14. Based on testing data, consider updating target
markets, revenue projections, product attributes, etc.
15. Early-stage investors typically expect 40% equity
stake + liquidation preferences when negotiating VC
Agreement.
PHASE IV: BETA PRODUCT
PHASE IV: BETA PRODUCT
13. 16. Expand network and prepare Director Agreement to
formalize relationship.
17. Promotes onsite collaboration as the company
expands.
18. Develop messaging/value proposition for pre-
ordering, advertising and PR, ramping up staffing
accordingly.
PHASE V: PRODUCT LAUNCH
PHASE V: PRODUCT LAUNCH
$
14. 19. Manufacturing Agreements with ample lead-time
for target date.
20. Purchase and Distribution Agreements all in place
prior to launch.
PHASE V: PRODUCT LAUNCH
PHASE V: PRODUCT LAUNCH
$