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Tech innovation s10_ip

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Understand ways to protect the knowledge assets that constitute the basis of competitive advantage

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Tech innovation s10_ip

  1. 1. Technology and InnovationManagement:S10Intellectual Property (IP) Strategy andmanagementRaj C Thiagarajan, PhDToSIBM SIII MBA Students ATOA Scientific Technologies Engineering Simulation For Innovation
  2. 2. What is this map?a) Technology road map?b) London tube railway roadmap to major offices?c) Business partnership? ATOA Scientific Technologies Pvt Ltd | SIBM , III Semester MBA| Technology and Innovation Management 2
  3. 3. IP WarMobile phone patentsuits ATOA Scientific Technologies Pvt Ltd | SIBM , III Semester MBA| Technology and Innovation Management 3
  4. 4. WhyExponential GrowthWorldwide shipment of PC, 10%mobile phones (2008) Notebook, 10%Future Mobile phone, 80% ATOA Scientific Technologies Pvt Ltd | SIBM , III Semester MBA| Technology and Innovation Management 4
  5. 5. IP Strategy and management• Intellectual Property – Patents, Trade secret, copyright,…• IP Strategy – Inventor, – Technology Manager – Operations Manager • Practical implementation • Mobile phone example • IP plays a critical role in Technology management ATOA Scientific Technologies Pvt Ltd | SIBM , III Semester MBA| Technology and Innovation Management 5
  6. 6. What is “Intellectual Property”?"Intellectual property" ("IP") is a term that includes• Patents,• Trade secrets,• Trademarks and• Copyrights.• “Intellectual Property” is a product of the human mind or intellect in which the law recognizes a property right and protects against unauthorized use by others. ATOA Scientific Technologies Pvt Ltd | SIBM , III Semester MBA| Technology and Innovation Management 6
  7. 7. Why is IP Important?• Competitive Edge• Offend and Defend off Aggression from Competitors• Higher Value Products• Negotiation Leverage with Suppliers & Customers• Deal Leverage for Acquisitions or Spinouts• Stronger Market Position• Better Access to Capital• Prestige for Company• Prestige for Employees• Licensing• Innovation perception ATOA Scientific Technologies Pvt Ltd | SIBM , III Semester MBA| Technology and Innovation Management 7
  8. 8. Patent• A U.S. patent is an intellectual property right that is granted by the US government – gives its owner the right to exclude others from making, using, selling the invention covered by patent within US. – expires 20 years from filing date ATOA Scientific Technologies Pvt Ltd | SIBM , III Semester MBA| Technology and Innovation Management 8
  9. 9. Patent• A U.S. patent is an intellectual property right that is granted by the US government – gives its owner the right to exclude others from making, using, selling the invention covered by patent within US. – expires 20 years from filing date ATOA Scientific Technologies Pvt Ltd | SIBM , III Semester MBA| Technology and Innovation Management 9
  10. 10. The First mobile patent• Cooper is the first inventor named on "Radio telephone system" filed on October 17, 1973 with the US Patent Office and later issued as US Patent 3,906,166. Image Source: http://en.wikipedia.org/wiki/History_of_mobile_phones ATOA Scientific Technologies Pvt Ltd | SIBM , III Semester MBA| Technology and Innovation Management 10
  11. 11. AnatomyFront page: – Title – Filing Date vs. Issue Date – Assignee= Owner – Related Application Data – Technology Class Codes – Prior Art References Cited – Abstract – Front Page IllustrationSpecification + Drawings• Set forth the precise invention for which a patent is solicited, in such manner as to distinguish it from other inventions and from what is old• Detailed written description typically corresponds to illustration(s) of invention and/or prior art through numerical annotationsPreferred and other embodiment• The best mode contemplated by the inventor for carrying out the inventionClaims• The specification concludes with distinct claims of the subject matter which the applicant regards as the invention.• Claim is an important part of the patent.• This defines the scope of the legal protection. ATOA Scientific Technologies Pvt Ltd | SIBM , III Semester MBA| Technology and Innovation Management 11
  12. 12. Why are Patents important?• For the firm Inventions & patents provide a competitive advantage in the market place: – making unique products. – preventing competition from copying technology – protecting Firm from law suits from others – To get price premium• For the inventors, – Win win: Awards & Rewards – Professional Recognition – Career Growth ATOA Scientific Technologies Pvt Ltd | SIBM , III Semester MBA| Technology and Innovation Management 12
  13. 13. Patentability U.S. PATENT NO. 7,842,379Novel Issued• To be patentable, an invention must be new, i.e., different in some way from all prior art that is available to the public• cannot be publicly known or used by NOVEL others prior to the date of invention• cannot have been patented or described in a printed publication anywhere in the world prior to the date of invention NONOBVIOUS• Nonobvious USEFUL• Useful STATUTORY SUBJECT MATTER ATOA Scientific Technologies Pvt Ltd | SIBM , III Semester MBA| Technology and Innovation Management 13
  14. 14. What is Patentable?• Processes, including new use of known process – Polymer Processing , food processing.• Articles of manufacture – Iphone,• Machines, Software, Algorithms, etc. – Engines, Networking software, analysis algorithm• Compositions of matter – Metal, glass, Polymer, Alloy, Semiconductors• Improvements of inventions in any of the above classes – How to make substantially better, faster, cheaper. ATOA Scientific Technologies Pvt Ltd | SIBM , III Semester MBA| Technology and Innovation Management 14
  15. 15. What is a Copyright?• A way of protecting the expression of an idea• It does not protect the idea itself.• It goes to how you express it--the form of the expression ©• Software code and technical support documentation are copyrightable• Freeware, check and use.• Creative Commons licenses provide simple, standardized alternatives to the “all rights reserved” paradigm of traditional copyright. ATOA Scientific Technologies Pvt Ltd | SIBM , III Semester MBA| Technology and Innovation Management 15
  16. 16. What is a Trade Secret?• Proprietary information which is business critical and commercially valuable and kept secret• If not kept secret, it becomes publicly available• Selection of trade secret vs Patent is a critical strategic choice. ATOA Scientific Technologies Pvt Ltd | SIBM , III Semester MBA| Technology and Innovation Management 16
  17. 17. Trade Secret vs. Patent Patent Criterion Trade Secret Between 5 and 20 years Innovation Life < 5 years or > 20 years Easy Ability to Reverse Engineer/ Difficult Copy No protections to protect secret Protection mechanisms in Place Protected from inadvertent or status of innovation intentional divulgation Patentable Subject Matter Non-patentable Shared with task environment Sharing of Innovation details Within Firm only Core Technology Nature of Innovation Incremental Improvement Highly Likely Licensing Potential Unlikely Customer or Public Innovation Use Internal Firm ATOA Scientific Technologies Pvt Ltd | SIBM , III Semester MBA| Technology and Innovation Management 17
  18. 18. Strategic IP Market Strategic IP Technology • Strategy Offensive / Defensive • Engineering • Product Publications • Landscape • Customer Patents • Prior art • Competition Copyright Trade Secrets • Associations ATOA Scientific Technologies Pvt Ltd | SIBM , III Semester MBA| Technology and Innovation Management 18
  19. 19. Strategic IP“Technology Push ” “Market Pull”• Create ideas • Develop business strategy• Do experimental demonstration • Define target product, market,• Disclosure segment• Evaluation for Priority • IP–assessment• Patent application Filing • Identify strategic idea area• Patent portfolio management • Targeted idea generation• Technology Ideas. • Marketable Ideas ATOA Scientific Technologies Pvt Ltd | SIBM , III Semester MBA| Technology and Innovation Management 19
  20. 20. IP Strategy Intellectual Property IP team Offensive Defensive Strategic Business development Establish prior Patent Patent art, Freedom to Infringement and Practice avoidance Filing Collaborations Competitive IP Landscape, Strategic Patent Portfolio ATOA Scientific Technologies Pvt Ltd | SIBM , III Semester MBA| Technology and Innovation Management 20
  21. 21. IP strategy process Idea, Invention management SystemBusiness Strategy / IP Strategies Patenting filingMarket Assessment prioritization system IP Direction Concepts,Competitive IP Disclosures “Patent” search Systemslandscape Analysis Filings, Online(Gap analysis) Publications Micropatent Delphion …Competitive External Publications,Intelligence Systems Technology and IP.Com Competitive Intelligence ATOA Scientific Technologies Pvt Ltd | SIBM , III Semester MBA| Technology and Innovation Management 21
  22. 22. IP Landscape Competition Technology Licensing Patents Competitor Patents Patents Licenses Publications Cross © Licenses Trade Secret Operations Leader ATOA Scientific Technologies Pvt Ltd | SIBM , III Semester MBA| Technology and Innovation Management 22
  23. 23. Typical IP landscape Growth Space Competitor Y OI Firm Patent Footprint OI – Outside - IN ATOA Scientific Technologies Pvt Ltd | SIBM , III Semester MBA| Technology and Innovation Management 23
  24. 24. Competitive landscaping Publish PatentTrade secret Research Operations Leader ATOA Scientific Technologies Pvt Ltd | SIBM , III Semester MBA| Technology and Innovation Management 24
  25. 25. 1: Research :First step to build your landscape• What patents do we have in this strategic growth area?• What is the license status?• Is there any research agreements/ obligations?• What was published in this area?• What are competitive patents, interests?• What is the status of prior art ? – Patent position – Freedom to Practice? – Licensing Strategy – Gap analysis and opportunity identification ATOA Scientific Technologies Pvt Ltd | SIBM , III Semester MBA| Technology and Innovation Management 25
  26. 26. 2: Evaluate Patent Position• Can this IP provide competitive edge to the Firm?• Is the invention Novel? Useful? Non-obvious?• Is Licensing, Business patent partnership is possible?• Technical Merit Evaluation : – Breakthrough, Substantial or incremental – Technical Feasibility• Evaluate Business or market metrics: – Impact of the idea for customer experience / value creation. – Use for the Firm competitive edge – Potential Use by Competitor• How does Patent play into the business strategy? ATOA Scientific Technologies Pvt Ltd | SIBM , III Semester MBA| Technology and Innovation Management 26
  27. 27. 3: Strategic IP Decision Flow IDEA Is the idea Can be used as defensive / Yes offensive patent? No Novel, Nonobvious, No useful and IP Value Yes to the firm? PatentPublish May be File Commercial Value No to the Firm? May be Yes Hold Trade Secret ATOA Scientific Technologies Pvt Ltd | SIBM , III Semester MBA| Technology and Innovation Management 27
  28. 28. 3a. Patenting Fishbone Conceptual Competitive Procedural Not Trade Secret Prior art Non-obvious researched Defensive disclosure IP strategy Novel documented Freedom to Useful Invention Operate Patenting date established Success Top Management Knowledge Centre budget Patent Attorney time Precede prior art support FILE submission Invention date Competitive Business Maintenance fees & established Management Edge Foreign filing Defensive disclosure supportAdministrative Financial Temporal ATOA Scientific Technologies Pvt Ltd | SIBM , III Semester MBA| Technology and Innovation Management 28
  29. 29. 3b. Publishing Fishbone Patent / Trade SecretConceptual VenueLearn from Internal vs. External DefensiveCommunity Accepted / Invited disclosure Internal Referenceable Prestige of Documents Journal / Conference Peer validation Proper Patenting should Category Not alienate community Publishing Publicity improves Expired value as Success reputation Investment trade secret Anonymous option in with IP.com recognition Public disclosure IP Strategy: after patent Foster external Free defensive consideration Establish / relationships disclosure Review-to-publish maintain Cycle time technical Temporal Quality Financial reputation & Freedom to Practice ATOA Scientific Technologies Pvt Ltd | SIBM , III Semester MBA| Technology and Innovation Management 29
  30. 30. Step 4: IP Maintenance• Ongoing Maintenance• Monitor new (internal, external) developments in patents and publications• Establish detectable features of infringement• Monitor infringement• Monitor (Firm and Competitor) acquisitions w/ IP implications• Monitor new Firm Licensing arrangements• Revisit disclosures in “Hold” / Trade Secret status• IP Annotation / Strategy• Conception / Definition: • Problem  Solution • Context & Strategy for Idea • IP Interdependencies• If/When Patent is Granted • Competitive / Product Line Action Plan• If/When Patent is NOT Granted • Implications / Contingency Plan• Highlight public disclosure / product use concerns• Document information on inventors, prior art annotations ATOA Scientific Technologies Pvt Ltd | SIBM , III Semester MBA| Technology and Innovation Management 30
  31. 31. Managers Role• Strategic IP direction• Project Manager – Patent Procurement Obtaining and protecting patents – Avoiding Infringement – Assuring that solutions can be used without infringing on the rights of others – Global implication ATOA Scientific Technologies Pvt Ltd | SIBM , III Semester MBA| Technology and Innovation Management 31
  32. 32. Tips for Inventors• Search : Do not reinvent the wheel!• Look for Gaps in “Prior Art” which needs to be plugged• Document the work / Notebook records (US Patent : first to invent)• Be aware of the type of claims being made (Prod. / Process / Appl.)• Decide Inventorship• As complete a PDL as possible / 2-way commun. with attorneys!!• File or Publish or Park. ATOA Scientific Technologies Pvt Ltd | SIBM , III Semester MBA| Technology and Innovation Management 32
  33. 33. IP MANAGEMENT• Scope of Patents• Identify gaps in existing patents• IP Infringements (By others) – Identify special properties of the product/process – Identify competitors network• Acquire companies that have related IP. Buy IP.• Patent Update (or) New IP Disclosures• Cross – Licensing• Don’t maintain IP, if no sufficient ROI ATOA Scientific Technologies Pvt Ltd | SIBM , III Semester MBA| Technology and Innovation Management 33
  34. 34. Patents & Litigation Defenses• Broad patent claims cover more possible implementations of a new invention (including those never envisioned at the time of the original invention), thereby maximizing chances of 3rd party infringement• However, the broader an asserted patent’s claims, the more susceptible it becomes to invalidity challenges• The Specifications of prior art patents (including published applications) are the most significant for assessing the validity of an asserted patent claim• Can indicate whether an invention lacks novelty, or is “anticipated”• Can indicate (either alone or in combination with other prior art) whether an invention is “obvious”• Operative Question: Have key features of invention as claimed already been taught by prior art patent(s)? ATOA Scientific Technologies Pvt Ltd | SIBM , III Semester MBA| Technology and Innovation Management 34
  35. 35. Example• Enercon vs Enercon India• US patent US6899523.The changing/pitching/twisting of windblade from root to tip tochange the afflux angle isknown in the art.Book published in 1995 thatshows that blades are twistedfrom root to tip to avoid stalland maximise the lift. ATOA Scientific Technologies Pvt Ltd | SIBM , III Semester MBA| Technology and Innovation Management 35
  36. 36. The Rise of Smart Phones• Popular and Growing exponentially• ~ 96% growth in the last 12 months• ~ 320 million phone a year• Changed the way we live• Future of possibility ATOA Scientific Technologies Pvt Ltd | SIBM , III Semester MBA| Technology and Innovation Management 36
  37. 37. Patent war• Focus on who has competitive edge?• Who will win the war?• Benefit to the customers? ATOA Scientific Technologies Pvt Ltd | SIBM , III Semester MBA| Technology and Innovation Management 37
  38. 38. Smart phone patent trend• ~7100 patents• The patents had publication dates starting from 1965, and grew steadily from 77 patents filed in 1990 to 565 patents filed in 2010 Soruce: Mike Lloyd et.al, The Smartphone Patent Wars, Ambercite, Griffith Hack, March 2011 ATOA Scientific Technologies Pvt Ltd | SIBM , III Semester MBA| Technology and Innovation Management 38
  39. 39. Patent ownership ATOA Scientific Technologies Pvt Ltd | SIBM , III Semester MBA| Technology and Innovation Management 39
  40. 40. Patent Search• Associative searching ATOA Scientific Technologies Pvt Ltd | SIBM , III Semester MBA| Technology and Innovation Management 40
  41. 41. Disputed smartphone technologies – patent landscapelandscape analysis. Visualisation of the most disputed technology areas• efsdf ATOA Scientific Technologies Pvt Ltd | SIBM , III Semester MBA| Technology and Innovation Management 41
  42. 42. Disputedsmartphonetechnologies ATOA Scientific Technologies Pvt Ltd | SIBM , III Semester MBA| Technology and Innovation Management 42
  43. 43. Touch screenlandscapeandOwnership ATOA Scientific Technologies Pvt Ltd | SIBM , III Semester MBA| Technology and Innovation Management 43
  44. 44. Touch screen competitivelandscape ATOA Scientific Technologies Pvt Ltd | SIBM , III Semester MBA| Technology and Innovation Management 44
  45. 45. Highest ranked patents in the touchscreen technology cluster.• To stay competitive, Apple’s competitors (much more than Apple itself) are heavily dependent on suppliers and licensing agreements for one or more components ATOA Scientific Technologies Pvt Ltd | SIBM , III Semester MBA| Technology and Innovation Management 45
  46. 46. Link between Motorola & Apple patents ATOA Scientific Technologies Pvt Ltd | SIBM , III Semester MBA| Technology and Innovation Management 46
  47. 47. • who has competitive edge?• Who will win the war?• Benefit to the customers?• Is it Google Android, Apple I phone or ? ATOA Scientific Technologies Pvt Ltd | SIBM , III Semester MBA| Technology and Innovation Management 47
  48. 48. A Review of the Major Points• A patent is an intellectual property right assigned to an inventor/ assignee.• A copyright protects the expression of an idea, but not the idea itself.• A trade secret which is not kept secret becomes publicly available.• The two critical components of IP strategy are related to technology and business.• Strategic IP can provide a competitive edge for the firm.• Competitive landscaping is one of the method used for strategic IP. ATOA Scientific Technologies Pvt Ltd | SIBM , III Semester MBA| Technology and Innovation Management 48
  49. 49. Patent or PerishATOA Scientific Technologies Pvt Ltd | SIBM , III Semester MBA| Technology and Innovation Management 49

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