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Intellectual Property For Innovator

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National Institute of Design conducted a day long workshop - the fourth in the series - on Design Protection. I made a presentation of IP regimes for innovator/designer. It indeed was a an interesting …

National Institute of Design conducted a day long workshop - the fourth in the series - on Design Protection. I made a presentation of IP regimes for innovator/designer. It indeed was a an interesting experience to interact with design community in Delhi area.

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  • 1. crafting innovation together IP Regime for Designer/Innovator in Knowledge Economy crafting innovation together Navneet Bhushan (navneet.bhushan@crafitti.com) Crafitti Consulting (www.crafitti.com) New Delhi, March 13, 2010 Confidential
  • 2. crafting innovation together crafting innovation together Confidential © Crafitti Consulting Private Ltd. March 21, 2010 2
  • 3. crafting innovation together crafting innovation together Confidential © Crafitti Consulting Private Ltd. March 21, 2010 3
  • 4. The Other Side - Non-Sensible crafting innovation together There are Many Patents Granted by Patent Offices that can only be called absurd crafting innovation together Confidential 4 March 21, 2010 © Crafitti Consulting Private
  • 5. crafting innovation together crafting innovation together Confidential © Crafitti Consulting Private Ltd. March 21, 2010 5
  • 6. crafting innovation together crafting innovation together Confidential © Crafitti Consulting Private Ltd. March 21, 2010 6
  • 7. crafting innovation together crafting innovation together Confidential © Crafitti Consulting Private Ltd. March 21, 2010 7
  • 8. crafting innovation together crafting innovation together Confidential © Crafitti Consulting Private Ltd. March 21, 2010 8
  • 9. crafting innovation together crafting innovation together Confidential © Crafitti Consulting Private Ltd. March 21, 2010 9
  • 10. Topics in the Theory of Design crafting innovation together crafting innovation together Confidential © Crafitti Consulting Private Ltd. March 21, 2010 10
  • 11. crafting innovation together crafting innovation together Confidential © Crafitti Consulting Private Ltd. March 21, 2010 11
  • 12. Black Swan – The impact of the highly improbable crafting innovation together • “I cannot accept a pretense of science. I much prefer a sophisticated craft, focused on tricks, to a failed science looking for certainties” Nassim Nicholas Taleb crafting innovation together Confidential
  • 13. Competitive Advantage- Over Ages crafting innovation together How Fast Co-Create Extent of Connectedness How Fast Innovate How much Actionable How much Knowledge crafting innovation together and Quickly can be How much Informed How much of Agricultural can be In the Connected Age – produced land and Co-Creators will thrive Natural Resources Confidential Time
  • 14. IDEAS…. The new world of Ideas crafting innovation together crafting innovation together Confidential
  • 15. Connect and Develop crafting innovation together Practice of Open Innovation (The P&G Case) Source: Larry Huston & Nabil Sakkab, Connect And Develop – Inside Procter & Gamble’s New Model for Innovation, Harvard Business Review, March 2006 crafting innovation together Confidential
  • 16. P&G Connect and Develop The Complete Picture Source: Larry Huston & Nabil Sakkab, Connect And Develop – Inside Procterg&iGamble’s t i o n t o gfortInnovation, Harvard craftin n n o v a New Model e h e r Business Review, March 2006 $$ What to Search Go To Market How & Where to Search crafting innovation together Confidential Evaluate Ideas
  • 17. Open Innovation Processes Six TRIZ Thinking • Uncertain AHPr Hats crafting innovation togethe • Wasteful/Inefficient/Non- DSM flowing Innovation • Unpredictable/Stochastic Crafting Open Lean Innovation • Is it possible to craft an open innovation TRIZ Embedded process to be LEAN? Lean Open crafting innovation together Innovation • Is it possible to craft Network an open innovation process to be INNOVATIVE? Idea Hit Ratio Idea Productivity Confidential
  • 18. crafting innovation together crafting innovation together Confidential © Crafitti Consulting Private Ltd. March 21, 2010 18
  • 19. crafting innovation together crafting innovation together Confidential © Crafitti Consulting Private Ltd. March 21, 2010 19
  • 20. crafting innovation together crafting innovation together Confidential © Crafitti Consulting Private Ltd. March 21, 2010 20
  • 21. Failures/Mistakes/Errors crafting innovation together Burning your hand is a small price to pay for a good idea. PLEASE LET YOUR EMPLOYEES FAIL! crafting innovation together Confidential
  • 22. crafting innovation together CONCEPTUAL SOLUTION: GLOBAL ENTERPRISE AS A SOCIAL SYSTEM The Tipping Point that refers to the moment when crafting innovation together something unusual becomes common. The book seeks to explain "social epidemics", or sudden and often chaotic changes from one state to another. (Wikipedia) Confidential ©
  • 23. crafting innovation together Three types of people create Idea Tipping Points Connectors are those with wide social circles. Mavens are knowledgeable people. Salesmen are charismatic people with powerful negotiation skills. They exert "soft" influence rather than forceful power. The PROCESS of TIPPING POINTS crafting innovation together The Law of the Few: Find out Connectors, Mavens and Salesmen – a few of these is what one idea needs to become an epidemic Stickiness: Ideas or products found attractive or interesting by others will grow exponentially for some time. The Power of Context: Human behavior is strongly influenced by external variables of context. Confidential © CRAFITTI CONSULTING
  • 24. LIST – INVENTIVE THINKING crafting innovation together HOW TO INVENT, UNDERSTAND and SOLVE PROBLEMS – How to Innovate TRIZ - Theory of crafting innovation together Inventive Problem Solving Confidential
  • 25. A Brief History of TRIZ TRIZ – Inventive Problem Solving by Altshuller crafting innovation together • 1946 Patent Officer in Russian Navy Teoriya Resheniya Izobreatatelskikh Zadatch • Discovered patterns in patents, World’s best ideas published paper. A situation like mine World in this situation Sent to Gulag (Abstraction) Knowledge Access (Access) • 1954 released, Base analysed 2,500,000 Abstraction Specific patents My specific situation My specific solution • Identified what Evaluate crafting innovation together Me / my company makes a successful patent • 1956-1985 TRIZ formulated • Same Problems and Solutions appear again and again but in different industries • There are a series of recognizable Technological Evolution paths for all industries • Innovative solutions used theories outside their own area/industry • The most powerful solutions uncover and eliminate contradictions Confidential
  • 26. 5 Levels of Inventions crafting innovation together • Pioneering Invention – based on newly discovered phenomenon Level 5 (<0.3%) • Pushing existing technology to a higher level • Revolutionary • New System Developed Level 4 (< 4%) • Interdisciplinary solutions • Replacing old technology with New • Radical change or elimination of one principal system component Level 3 (19%) • One Engineering Discipline • Resolution of a physical contradiction crafting innovation together • Slight Modification of the system Level 2 (45%) • Knowledge from different areas within the industry • Resolution of a technical contradiction • A simple improvement Level 1 (32%) • Knowledge within the trade • No system conflicts are resolved Confidential 26 March 21, 2010 © Crafitti Consulting Private Ltd.
  • 27. Case Study: Technological Alternatives Study on EP0922744 crafting innovation together crafting innovation together Confidential Patent Benchmarking Competitor’s Patents to TRIZ Lines of System Evolution
  • 28. PASSION ….. Is the new Skill for the New World … crafting innovation together crafting innovation together Confidential
  • 29. crafting innovation together crafting innovation together Confidential
  • 30. Define Global Trends and Scenarios crafting innovation together crafting innovation together Confidential
  • 31. Red Ocean Versus Blue Ocean Startegy crafting innovation together In the red ocean, differentiation costs because firms compete with the same best-practice principle. Here, the strategic choices for firms are to pursue either differentiation or low cost. In the reconstructionist world, however, the strategic aim is to create new best-practice rules by breaking the existing value-cost trade-off and thereby creating blue ocean. Red Ocean Strategy Blue Ocean Strategy Compete in existing market space. Create uncontested market space. Beat the competition. Make the competition irrelevant. crafting innovation together Exploit existing demand. Create and capture new demand. Make the value-cost trade-off. Break the value-cost trade-off. Align the whole system of a firm’s Align the whole system of a firm’s activities with its strategic choice activities in pursuit of of differentiation or low cost. differentiation and low cost. Confidential
  • 32. Future Directed Patent Strategy Elements crafting innovation together Define Global Trends and Scenarios crafting innovation together Are we playing in the Red Ocean or are we creating Blue Oceans? How can you create Blue Oceans and Protect these as well. Link business Strategy with IP Strategy through Balanced Score Cards Confidential
  • 33. crafting innovation together SETTING UP AN IP CELL HIGH LEVEL PROCESS MAPS crafting innovation together Confidential
  • 34. An IP Cell Buy COTS? Build? Vision Integrate Disparate Document Gap systems? crafting innovation together Analysis High Level organizational structure of IP Report Design Training Material and Cell/ Processes/Systems/ Strategy IP Asset Management System Needs GAP Analysis Survey schedule Traini ng Needs crafting innovation together Confidential
  • 35. crafting innovation together IDEATION HIGH LEVEL PROCESS MAPS crafting innovation together Confidential
  • 36. Business Patent Strategy Strategy Direction Setting (Technology Fields, Patent Portfolios, Target Geographies) crafting innovation together Competitor’s Competitor’s Patent Patent/ Portfolio Products White Space Analysis Patent Design Around Process Patent Landscapes/ Idea Generation Processes Patent Watch crafting innovation together R&D Processes IDEAS Confidential
  • 37. crafting innovation together FROM IDEA TO PATENT HIGH LEVEL PROCESS MAPS crafting innovation together Confidential
  • 38. Patent/Trade Secret/ Publication? Valuati crafting innovation together on?/ Invention Patentable/ Stronger Idea FTO? Filing Strategy Making Invention Disclosure Prior Art Search? crafting innovation together Patentabi lity Claims App Assessm Drafting Drafting Paten ent Offic e Patentabil t ity Applicatio Actio Grant Assessme n ns Confidential nt Received
  • 39. crafting innovation together Commercialization HIGH LEVEL PROCESS MAPS crafting innovation together Confidential
  • 40. Patent/ Product with Patent protection crafting innovation together Active Licensing Valuation Opportuniti Infringem Study es Study ent Study Legal Actions crafting innovation together Negotiation Strategy/ Agreements Re- Licensi Exclusive Cross Patent Assignm ng Licensing Licensing Sale ent Confidential
  • 41. CREATING WEALTH …….. crafting innovation together • The Ongoing Wealth Revolution • Explosion of Prosuming – The unpaid work all of us do • Wealth System – Money economy enmeshed with Prosumer economy crafting innovation together • The Ancient Wisdom – wealth beyond barest self- sufficiency is UN-NATURAL (Aristotle) Confidential
  • 42. crafting innovation together crafting innovation together Confidential © Crafitti Consulting Private Ltd. March 21, 2010 42
  • 43. crafting innovation together crafting innovation together Confidential © Crafitti Consulting Private Ltd. March 21, 2010 43
  • 44. Value of a patent crafting innovation together How much is my patent worth? As an entrepreneur you want a patent that has a high value crafting innovation together It is a question that needs a multipronged approach Confidential © Crafitti Consulting Private Limited March 21, 2010 44
  • 45. Crafitti Multi-Dimensional Multi-Perspective (MDMP) Valuation Methodology for a Patent crafting innovation together Assessing the Patent Using Claims Theory of Inventive Problem Length/Breadth Solving (TRIZ) – A Unique Proposition Citations backward/ TRIZ Level of Invention Current State of 77% of inventions are at Level 1 or 2, forward the Patent/ 19% at Level 3, 4% at Level 4 less than < 0.3% at Level 5, Higher Level means higher Valuation Maintenance Patent Value crafting innovation together levels/ Legal Indicators TRIZ Laws of Evolution 9 Laws have been identified. Based on Status the position of patent on each of these TRIZ Function and laws it is possible to ascertain the Remaining Resources Analysis strength of the patent How does various parts of the invention Life combine to perform the function and how much resources have been utilized Technical Family help in understanding the strength of Invention Description Size Confidential 45 March 21, 2010 ©
  • 46. Relative Centrality of the Patent in its Ego-Centric Citation Network crafting innovation together crafting innovation together 1984 1985 1987 1996 1997 2000 2002 2003 2006 2007 2008 2009 Confidential 46 March 21, 2010 ©
  • 47. Relative Centrality of the Patent in its Ego-Centric Citation Network crafting innovation together crafting innovation together 1984 1985 1987 1996 1997 2000 2002 2003 2006 2007 2008 2009 Building the Ego-Centric Citation Network of the Patent Confidential 47 March 21, 2010 ©
  • 48. Relative Importance Index quantifies (using crafitti’s methodology) the centrality of the Patent in its Ego-Centric Citation Network crafting innovation together crafting innovation together 1984 1985 1987 1996 1997 2000 2002 2003 2006 2007 2008 2009 Relative Importance Index gives a view of vitality of the patent. If its value is more than the rest of the patents in its ego-centric citation network, valuation should be more Confidential 48 March 21, 2010 ©
  • 49. Relative Centrality of Patent in its “Social” Citation Network – taking a cue from social network analysis crafting innovation together crafting innovation together Relative Social Importance Index gives a view of vitality of the patent in its social network of patents which is formed by connecting all forward and backward citations of patents in its ego centric citation network. This involves forming the “social” citation network of the Patent, which may large number of patents Confidential 49 March 21, 2010 ©
  • 50. Using the AHP for relative importance of each parameters from multiple experts crafting innovation together Parameter Relative Importance Level of Invention 15.0% Position as per Laws of Evolution 15.0% Function/ Resource Analysis 15.0% Citation Network Analysis 15.0% Maintenance levels/Legal Status 5.0% crafting innovation together Technical Description 10.0% Claims Length/ Breadth 12.5% Family Size 12.5% Total 100% Confidential 50 March 21, 2010 ©
  • 51. Multi-Dimensional Multi-Perspective (MDMP) Valuation Methodology for a Patent crafting innovation together Future Scenarios History of Current State of Super System in Technology, Technology, Market Technology, Market and Competition and Competition Market and Competition Historical Factors Current State of Future State of the System related to the the Patent Patent invention/Patent crafting innovation together Current State of Future State of sub- Historical Factors sub-systems, systems, Sub System related to components and components and components and parts that make-up parts that make-up sub-systems the patent the patent PAST PRESENT FUTURE Confidential 51 March 21, 2010 © Crafitti Consulting
  • 52. Valuation Methods Used (in Practice) crafting innovation together • The Capitalization Approach • The Income Approach • The Cost Approach • The Market Approach crafting innovation together Valuation using multiple perspectives and multiple Scenarios works best Confidential 52 March 21, 2010 ©
  • 53. MDMP Valuation crafting innovation together • In each of scenarios (i) that emerge during the valuation study what are the potential benefits that can accrue from the patent (bi) and the risks (ri) – Incorporating the Invention in the existing products – Potential Market Share enhancement – Using the invention to Invent more adjacent areas – Does it denies a space to competitor – Does it enhances the portfolio of the inventor – the synergistic effect – How easy it is to design around the patent? crafting innovation together – How easy it is to verify the infringement? • In each of scenarios Value (vi) of Patent will vary within a range based on benefits and risks of the patent loosing its relevance (bi) and (ri) • Each Scenario also comes with an estimation of likelihood or a probability estimation (pi) • Overall value V = ∑ pi x vi = ∑ pi x f(bi , ri) Confidential 53 March 21, 2010 ©
  • 54. Patent Valuation Methodology crafting innovation together • Is Multi-Dimensional and takes into account multiple perspectives to produce a robust valuation considering multiple futures, current state and past trends • We combine multiple science based methodologies to come up with the valuation framework – TRIZ Based Patent Analysis – Value Network Analysis – Analytic Hierarchy Process crafting innovation together – Scenario Writing – Standard Patent Landscaping and Analysis – Systems Analysis Multi-Dimensional Multi-Perspective (MDMPTM) Valuation does not produce a single $ number. The methodology gives a sum total of past, current and potential future value that the asset may create in a range of possibilities. Confidential 54 March 21, 2010 ©
  • 55. It is not enuf to be an innovator in the knowledge economy …. crafting innovation together crafting innovation together Confidential © Crafitti Consulting Private Ltd. March 21, 2010 55
  • 56. FINAL POINTS crafting innovation together • Complexity is Increasing, Scale is the New Frontier • Deep Knowledge, Expertise may lead to Inertia and restricted viewpoint • New ways of looking at reality are needed • Artful Making, Lean Thinking, TRIZ, Social Computing, Open Innovation, Scenario Planning needs to be integrated as a framework • We need to design organization as a Learning Enterprise • Integrated IP Response combining Patents, Design Rights, Trademarks and Copyrights is the need in the crafting innovation together new world! • To Generate Wealth – You have to PROTECT… • YOU HAVE NO OTHER OPTION BUT to INTENDED) P (NO PUN Confidential © CRAFITTI CONSULTING
  • 57. crafting innovation together Crafitti helps craft innovation in multiple contexts. Your Innovation Think Tank crafting innovation together Crafitti Consulting Crafting innovation together . . . www.crafitti.com Navneet Bhushan (navneet.bhushan@crafitti.com) Confidential © Crafitti Consulting Private Limited March 21, 2010 57

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