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SWAVE
Stroke detector
Marianne Carpentier
3019905
Giulia De Faveri
1604560
Nadezhda Hristova
1564236
Tanguy Rowet
3019861
Anna Sadokhina
1776871
Agenda
Presentation of our idea1
Assessment of the technological landscape2
Scenarios on product development3
Intellectual property protection alternatives4
Our idea
The technology
« Swave is a device that analyses bio-
photons in order to detect abnormal brain
activities and determine if they are symptoms
of an on-going stroke. »
Its opportunity
✘ Stroke is the third most common cause of
death in developed countries.
✘ Detection time is a crucial issue
regarding stroke
✘ Portability is not possible with current
detection solutions.
 This is why we believe in our device
potential
Our target market
Ambulances
Nursing home
Our competitors
Technology assessment
Keywords & Classification search
✘ Keywords used for search (title and abstract):
✗ biophotons
✗ bio photons
✗ bio-photons
✘Class A61B
HealthMedical or veterinary scienceDiagnosis; Surgery
✗ bio photon
✗ biophoton
✗ bio-photon
Samsung Electronics. South Korea
Method of measuring blood flow using bio-photon
emission
Granted in 2011
Hitachi Medical Corporation. Jap
Biophoton-measuring instrument
Granted in 2011, 2015
Mapping the patents
o 5 patent families
o for 3 patents are granted
o protection in 9 countries
Samsung Electronics. South Korea
Method of measuring blood flow using bio-photon
emission
Granted in 2011
Hitachi Medical Corporation. Jap
Biophoton-measuring instrument
Granted in 2011, 2015
Mapping the patents
o applicant in 1 patent family
o protection in 7 countries
Hitachi Medical Corp.
Samsung Electronics. South Korea
Method of measuring blood flow using bio-photon
emission
Granted in 2011
Mapping the patents
o applicant in 1 patent family
o protection in 7 countries
Samsung Electronics
Search by inventor’s name
✘ Within the same class we searched for all the
patents with “SHIN SANG-HOON” as an inventor
Samsung Electronics. South Korea
Method of measuring blood flow using bio-photon
emission
Granted in 2011
Mapping the patents
Sang-Hoon Shin
o 11 patent families are in common
o 1 of them related to biophoton
technology
o 1 biophoton technology patent has
no relation to Samsung
Product development
I. Obtain license and develop device inhouse
Reasons Samsung would license:
✘Different target market
✘Repository of unexploited ideas and sleeping patents
✘Excess diversification
✘Strong reputation to protect
✘Poor fit with overall strategy
Swave strategic positioning:
✘Young, entrepreneurial
✘Dedicated employees
✘Avoids bureaucracy of large established firms
✘Speed of product to market
✘Focus on the specific technology and target market
II. Co-development agreement with Samsung
Benefits for both parties:
✘Share risk
✘Exchange technological know-how
✘Facilitate information diffusion
✘Develop superior technology
✘Develop downstream capabilities
✘Provide protection and credible commitment
IP protection
Hardware
✘ elements of novelty
with respect to existing
solutions
✘ high preciseness, ease
of transportation,
resistance, bend it to
insert it in a box
✘ we are confident a
patent application can
be filled
Elements to be protected
Software
✘ Copyright
✘ Software patentability
✘ Hardware + software
patentability
Software options
Copyright
✘ software can be
protected by
copyright
✘ effective
protection is
rather weak
✘ copyright protects
only the formal
expression
SW patent
✘ controversial issue
✘ Canada not allow
claims directed to
software per se
✘ Europe excludes
programs for
computers from
patentability
✘ In the US the
subject matter
must exist in
tangible form
SW+HW patent
✘ Europe: further
technical effect
going beyond
normal physical
effects
✘ In the US: Patent
Statute, a
tendency is noted,
as in the EU
✘ Canada: produce
change and
produce economic
results
Non-Disclosure Agreement (NDA)
✘ the employer exclusively shall be entitled
to exercise all economic rights
✘ avoid key people leaving the company,
disclose critical information to competitors,
or found their own enterprise
✘ mutual NDA
NDA content
✘ Parties involved
✘ Definition of what is confidential
✘ Disclosure period
✘ Term the agreement is binding
✘ Obligations of the recipient
✘ Permissible disclosure
✘ Law and jurisdiction applicable
✘ Europe: Article 6 of the European Directive on
the legal protection of computer programs
✘ Canada: Bill C-32
✘ the US: Digital Millennium Copyright Act
Reverse engineering – Legal references
Authorisation not required:
✘ for reproduction
✘ when there are not any other alteration
✘ to achieve the interoperability, provided:
✗ a right to use a copy of a program
✗ the information are not already available
✗ those acts are confined
These provisions do not permit:
✘ the use for other purposes
✘ to give the information to others
✘ to use the information for the development of a computer
program substantially similar
Reverse engineering – Provisions
Reverse engineering – SWAVE
Swave is aimed
at ambulances
and nursing
homes
needs to
interact with
other medical
equipment
interoperability
must be
achieved
only case in
which we would
be willing to
provide the
software code
to avoid
potential
competitors
Thank you
Any questions?

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Swave final presentation

  • 1. SWAVE Stroke detector Marianne Carpentier 3019905 Giulia De Faveri 1604560 Nadezhda Hristova 1564236 Tanguy Rowet 3019861 Anna Sadokhina 1776871
  • 2. Agenda Presentation of our idea1 Assessment of the technological landscape2 Scenarios on product development3 Intellectual property protection alternatives4
  • 4. The technology « Swave is a device that analyses bio- photons in order to detect abnormal brain activities and determine if they are symptoms of an on-going stroke. »
  • 5. Its opportunity ✘ Stroke is the third most common cause of death in developed countries. ✘ Detection time is a crucial issue regarding stroke ✘ Portability is not possible with current detection solutions.  This is why we believe in our device potential
  • 9. Keywords & Classification search ✘ Keywords used for search (title and abstract): ✗ biophotons ✗ bio photons ✗ bio-photons ✘Class A61B HealthMedical or veterinary scienceDiagnosis; Surgery ✗ bio photon ✗ biophoton ✗ bio-photon
  • 10. Samsung Electronics. South Korea Method of measuring blood flow using bio-photon emission Granted in 2011 Hitachi Medical Corporation. Jap Biophoton-measuring instrument Granted in 2011, 2015 Mapping the patents o 5 patent families o for 3 patents are granted o protection in 9 countries
  • 11. Samsung Electronics. South Korea Method of measuring blood flow using bio-photon emission Granted in 2011 Hitachi Medical Corporation. Jap Biophoton-measuring instrument Granted in 2011, 2015 Mapping the patents o applicant in 1 patent family o protection in 7 countries Hitachi Medical Corp.
  • 12. Samsung Electronics. South Korea Method of measuring blood flow using bio-photon emission Granted in 2011 Mapping the patents o applicant in 1 patent family o protection in 7 countries Samsung Electronics
  • 13. Search by inventor’s name ✘ Within the same class we searched for all the patents with “SHIN SANG-HOON” as an inventor
  • 14. Samsung Electronics. South Korea Method of measuring blood flow using bio-photon emission Granted in 2011 Mapping the patents Sang-Hoon Shin o 11 patent families are in common o 1 of them related to biophoton technology o 1 biophoton technology patent has no relation to Samsung
  • 16. I. Obtain license and develop device inhouse Reasons Samsung would license: ✘Different target market ✘Repository of unexploited ideas and sleeping patents ✘Excess diversification ✘Strong reputation to protect ✘Poor fit with overall strategy Swave strategic positioning: ✘Young, entrepreneurial ✘Dedicated employees ✘Avoids bureaucracy of large established firms ✘Speed of product to market ✘Focus on the specific technology and target market
  • 17. II. Co-development agreement with Samsung Benefits for both parties: ✘Share risk ✘Exchange technological know-how ✘Facilitate information diffusion ✘Develop superior technology ✘Develop downstream capabilities ✘Provide protection and credible commitment
  • 19. Hardware ✘ elements of novelty with respect to existing solutions ✘ high preciseness, ease of transportation, resistance, bend it to insert it in a box ✘ we are confident a patent application can be filled Elements to be protected Software ✘ Copyright ✘ Software patentability ✘ Hardware + software patentability
  • 20. Software options Copyright ✘ software can be protected by copyright ✘ effective protection is rather weak ✘ copyright protects only the formal expression SW patent ✘ controversial issue ✘ Canada not allow claims directed to software per se ✘ Europe excludes programs for computers from patentability ✘ In the US the subject matter must exist in tangible form SW+HW patent ✘ Europe: further technical effect going beyond normal physical effects ✘ In the US: Patent Statute, a tendency is noted, as in the EU ✘ Canada: produce change and produce economic results
  • 21. Non-Disclosure Agreement (NDA) ✘ the employer exclusively shall be entitled to exercise all economic rights ✘ avoid key people leaving the company, disclose critical information to competitors, or found their own enterprise ✘ mutual NDA
  • 22. NDA content ✘ Parties involved ✘ Definition of what is confidential ✘ Disclosure period ✘ Term the agreement is binding ✘ Obligations of the recipient ✘ Permissible disclosure ✘ Law and jurisdiction applicable
  • 23. ✘ Europe: Article 6 of the European Directive on the legal protection of computer programs ✘ Canada: Bill C-32 ✘ the US: Digital Millennium Copyright Act Reverse engineering – Legal references
  • 24. Authorisation not required: ✘ for reproduction ✘ when there are not any other alteration ✘ to achieve the interoperability, provided: ✗ a right to use a copy of a program ✗ the information are not already available ✗ those acts are confined These provisions do not permit: ✘ the use for other purposes ✘ to give the information to others ✘ to use the information for the development of a computer program substantially similar Reverse engineering – Provisions
  • 25. Reverse engineering – SWAVE Swave is aimed at ambulances and nursing homes needs to interact with other medical equipment interoperability must be achieved only case in which we would be willing to provide the software code to avoid potential competitors

Editor's Notes

  1. Swave is a device that analyses bio-photons in order to detect abnormal brain activities and determine if they are symptoms of an on-going stroke. Bio-photons (from Greek “life and light”) are radiant emittances produced by any biological system; the brain blood vessels emit a certain kind of bio-photons that our device is able to capture through a detector. This detector is an optical receiver, which should be placed on the head and has a “helmet” shape. Brain bio-photon emissions are converted into electrical signals, while brain electrical signals are amplified. Being able to read brain light emissions (bio-photons), Swave then sends data to a processor, which is able to elaborate them by using an algorithm and detect if a stroke is occurring.