Developing Revolutionary Technology in a Crowded Field Requires a Creative IP Strategy
Like many other companies, San Francisco-based Elroy Air develops unmanned aircraft systems—commonly known as drones—for military and commercial purposes. But unlike other companies, Elroy Air wasn’t looking to compete in this crowded industry, they were looking to revolutionize it.
The Problem: Obtaining Patents on Deceptively Unique Technology
Elroy Air Co-founder and CEO David Merrill had a vision for developing drones that could transport payloads of up to 500 pounds for hundreds of miles into remote locations that have no airfields and where it wasn’t economical or advisable to fly helicopters. So, he and his team set out to do that.
Having founded and built another technology business previously, David knew that obtaining patents for the new company’s technology was essential. But one of the key criteria for patentability is that an invention has a “novel” element, and Elroy Air’s drone did not appear, at a glance, to have that. It is similar in many ways to several other drones on the market in that it is a large, powerful, autonomous, vertical take-off and landing (VTOL) aircraft.
Martensen IP’s Solution: A Deep-Dive to Find the Chaparral’s Patentable, Innovative Essence
As we had conversations with David, we learned that aspects of the hybrid powertrain needed to give the Chaparral the payload capacity and range it has are truly groundbreaking. That realization opened the door to applying for and being granted a wide variety of patents, copyrights and trademarks. They now effectively prevent other companies from capitalizing on the innovations that David and his team worked so hard to develop.
A second challenge was that there are two types of entities interested in Elroy Air’s Chaparral aircraft. The U.S. military sees it as an excellent vehicle for supplying troops operating in hard-to-reach locations, including behind enemy lines, particularly since the aircraft can be folded up and rapidly deployed to the field. Consequently, it has provided funding for the Chaparral’s development.
Transportation companies have also recognized its potential for getting shipments to rural areas quickly and cost-effectively. Creating IP protection that addresses the wants and needs of both public and private entities was a balancing act, but one that we completed successfully.
Confident that its technology was secure, Elroy Air forged ahead and had secured commitments for 500 aircraft (representing more than $1 billion) even before the Chaparral officially launched.
-
“Together we’ve filed for and been awarded several patents throughout the world, with Martensen taking on the vast majority of the preparation workload.”- Mik Farley, ICON Aircraft
-
“Keen ability to target and successfully capture IP concepts for further development.”- David Bruemmer, 5D Robotics
-
“Navigated our patent applications from complex technology to award. Mike’s global associates helped inform and execute our global strategy.”- Julie Zinn, Spirae
-
“Trusted counsel who distills complex technology and legal matters into simple terms.”- Richard Kinsman, TERSUS
-
“Tremendously useful to get advice from someone who thinks beyond the pure legal calculus and works well with business people.”- Jay Jesse, Intelligent Software Solutions
-
“Working with them is a pleasure and they are always on top of the various deadlines associated with our IP needs.”- Leif Ullman, CEO, KidReports
-
“We trust you to guide us through these challenging journeys.”- Steen Strand, ICON Aircraft
-
“AWESOME GROUP TO WORK WITH! Knows their stuff backward and forwards and doesn't lead you on.”- Eric S.
-
“Above and beyond with their kindness and willingness to speak to you about your situation even before setting up a consultation. This tells me that they have a heart to serve.”- Serenity P.
