IP Strategy - what has changed, what is changing?

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IP strategy is the use of intellectual property to inform, attain, and maximise organisational goals. This symposium will examine contemporary IP strategy both as a field of study and as a practical management tool.

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IP Strategy - what has changed, what is changing?

  1. 1. IP Strategy: What has changed? What is changing? Duncan BucknellThink IP StrategyTrusted advisors to the world’s most innovative companies
  2. 2. 20 minutes = highlights onlyThink IP Strategy #2Trusted advisors to the world’s most innovative companies
  3. 3. Presentations today• IP Strategy hierarchy • Corporate – philosophy • Business strategy • Product strategy• Product Strategy is highly context specific • Different tools and approaches available dependent on • Business Model • Industry • Technology • Geographies• Duncan – overview of the field of IP Strategy with some examples.• Helen – product strategy from lifesciences perspective Think IP Strategy #3 Trusted advisors to the world’s most innovative companies
  4. 4. Agenda• What is IP Strategy?• Why listen to me?• Things we’ve noticed• What next? Think IP Strategy #4 Trusted advisors to the world’s most innovative companies
  5. 5. What is IP Strategy?…the use of intellectual property to inform, attain, and maximiseorganisational goals…8 Elements – PRIMED IP• Product• Risk• Insights• Manage• Enforce• Develop IP• Increase value• Pursue Excellence Think IP Strategy #5 Trusted advisors to the world’s most innovative companies
  6. 6. Agenda• What is IP Strategy?• Why listen to me?• Things we’ve noticed• What next? Think IP Strategy #6 Trusted advisors to the world’s most innovative companies
  7. 7. thinkipstrategy.comThink IP Strategy #7Trusted advisors to the world’s most innovative companies
  8. 8. Agenda• What is IP Strategy?• Why listen to me?• Things we’ve noticed• What next? Think IP Strategy #8 Trusted advisors to the world’s most innovative companies
  9. 9. The role of IP – then & now Then **NowDepartment Legal sub-department. C-suite overview. IAM, Legal (IP), R&D, Engineering, Marketing, Finance, etc.Viewpoint Sword & Shield AssetsProduct Strategy We’ve filed a patent and a trade mark Sophisticated patent strategy and brand protection strategy, integrated with trade secrets, regulatory, licensing, marketing, etcReduce Risk FTO clearance (if sophisticated) Routine, detailed landscape reviews, proactive approachesInsights FTO clearance, examination results Detailed and coordinated competitive intelligence gathering across departmentsManaging IP Basic software tracking dates and reminders Integrated approachEnforcement Notified of infringement, cease & desist and sue. Most appropriate strategic approach depending on context – pre-planned.Develop IP ID inventions, file patents. Holistic approach, integrated operation across File TMs when marketing asks us to. departments.Increase value License out if business model allows. Sophisticated, targeted IP Strategy based on this particular contextPursue Excellence Training for staff Scouring the earth for insights and areas of improvement Think IP Strategy **(IP Playbook) #9 Trusted advisors to the world’s most innovative companies
  10. 10. Changes at large clients• Roles and responsibilities within large clients • CIPOs • New roles for ‘IAMs’ or ‘IP Evangelists’ • IP Group new reporting lines into the strategic area of business • Senior Patent Attorney roles have become IP Strategists • Well what do we do now?• Pace of strategy has increased• Faster to react to and more adept at shaping the landscape • Legislation • Regulatory Think IP Strategy # 10 Trusted advisors to the world’s most innovative companies
  11. 11. Day to day the same issues preoccupy… Source: IAM 54, Joff Wild, pp21-30 Think IP Strategy # 11 Trusted advisors to the world’s most innovative companies
  12. 12. Day to day the same issues preoccupy… Think IP Strategy Source: IAM 54, Joff Wild, pp21-30 # 12 Trusted advisors to the world’s most innovative companies
  13. 13. 80% ruleThe old 80% rule has been worked over a few times now Think IP Strategy # 13 Trusted advisors to the world’s most innovative companies
  14. 14. The sport of kings…• Large patent portfolios and game theory… – Size and FTO issues – Compounded by complex interdependent hardware – Become large war chests and MAD principal applies – This is akin to WW1 trench warfare – Cf laser-guided missile attacks possible with well crafted coordinated strategy. – As always it depends, but there are v few companies that should be using WW1 tactics… Think IP Strategy Source: IAM56, Stephen Robertson pp 85-90 Trusted advisors to the world’s most innovative companies
  15. 15. You may not want to be part of this… Think IP Strategy # 15 Trusted advisors to the world’s most innovative companies
  16. 16. And what of BRIC?• Everyone wants help with China BR I C• China has gone from ’keep away’ to sophisticated China specific strategies being much more common Think IP Strategy # 16 Trusted advisors to the world’s most innovative companies
  17. 17. BRIC: Importance vs resourcesSource: IAM 54, Joff Wild, pp21-30 Think IP Strategy # 17 Trusted advisors to the world’s most innovative companies
  18. 18. More collaboration and in more ways• Open models of collaboration• Crowd sourcing business models• Open Source, Creative Commons, etc• FRAND – as a litigation defence• Patent pools• Citation pools (ArticleOne)Please remember that ‘Open aint Open’ though. Think IP Strategy # 18 Trusted advisors to the world’s most innovative companies
  19. 19. Some of the things we’ve noticed• Anti-IP sentiment has grown• Pirate Party • 1 Jan 2006 – founded Sweden • Now registered in over 40 countries• “Brand IP” initiative… Think IP Strategy # 19 Trusted advisors to the world’s most innovative companies
  20. 20. Some of the things we’ve noticed• Overall lack of interest by broader public Think IP Strategy # 20 Trusted advisors to the world’s most innovative companies
  21. 21. Increased intangible/IP investmentUK investment in IP andintangible capitalSource: NESTA 2011 Think IP Strategy # 21 Trusted advisors to the world’s most innovative companies
  22. 22. Rise in worldwide patent filingsSource: WIPO Statistics Database 2011 Think IP Strategy # 22 Trusted advisors to the world’s most innovative companies
  23. 23. Patent offices• Increase in workload (previous slide)• Streamlined approaches – PPH etc• Increase in collaboration between them• Increase in sophistication – More careful prosecution – More timely prosecution – **Narrower claims (Helen to discuss) Source: IAM 54, Joff Wild, pp21-30 Think IP Strategy # 23 Trusted advisors to the world’s most innovative companies
  24. 24. Rise in US patents and litigationSource: PWC 2011 Patent Litigation Study Think IP Strategy # 24 Trusted advisors to the world’s most innovative companies
  25. 25. Rise in NPE patent litigation in USSource: RXPCorp.com Think IP Strategy # 25 Trusted advisors to the world’s most innovative companies
  26. 26. Rise in NPE ITC actions• Simultaneous explosions in number of ITC actions brought by NPEs and the number of respondents named in these actions.Source: RPXCorp.com Think IP Strategy # 26 Trusted advisors to the world’s most innovative companies
  27. 27. Rise of the Ugly sisters• Apple $1Bn damages were on a Design Patent• Utililty models more often filed and utilised – esp in China Think IP Strategy # 27 Trusted advisors to the world’s most innovative companies
  28. 28. Business models• More of them• More sophisticated Think IP Strategy # 28 Trusted advisors to the world’s most innovative companies
  29. 29. Source: http://ipstrategy.com/2012/07/25/new-patent-businesses-are-diverse-and-well-capitalized/ Think IP Strategy # 29 Trusted advisors to the world’s most innovative companies
  30. 30. Government involvement• ‘National IP Strategies’• Tax incentives• Funding to file patents• Etc etc Think IP Strategy # 30 Trusted advisors to the world’s most innovative companies
  31. 31. ArticlesThink IP Strategy # 31Trusted advisors to the world’s most innovative companies
  32. 32. Think IP Strategy [insert event, then date] # 32Trusted advisors to the world’s most innovative companies
  33. 33. IP Strategist as a profession…• Enormous increase in the number of ‘IP Strategists’ – especially the last 2 years• 2009 IAM Magazine created the IAM250 (now IAM Strategy 300)• INTIPSA Think IP Strategy # 33 Trusted advisors to the world’s most innovative companies
  34. 34. Agenda• What is IP Strategy?• Why listen to me?• Things we’ve noticed• What next? Think IP Strategy # 34 Trusted advisors to the world’s most innovative companies
  35. 35. What next?Well it depends…Alice: Would you tell me, please, which way I ought to go from here?The Cat: That depends a good deal on where you want to get toAlice: I dont much care where.The Cat: Then it doesnt much matter which way you go. Think IP Strategy # 35 Trusted advisors to the world’s most innovative companies
  36. 36. The most successful companies will excel at:• deeply understanding business goals & context – things aren’t always as they seem…• then in a integrated way, building, executing & iterating their IP Strategy [Source: redbubble.com/people/mobii/works/7717350-rabbit-hand-shadow-card] Think IP Strategy # 36 Trusted advisors to the world’s most innovative companies
  37. 37. The most successful companies will excel at:• a more integrated approach to IP Strategy – Across business units – Across functions (IP, marketing, regulatory, sales, R&D, etc, etc) – Processes and approaches pre-built – like the IP Playbook™ approach etc• developing and using new business models – (carefully) harnessing ‘open’ models Think IP Strategy # 37 Trusted advisors to the world’s most innovative companies
  38. 38. The most successful companies will excel at:• LASER-guided missiles rather than trench warfare• Collaborating and doing deals and only litigating when the business model dictates• Building and utilizing strong networks• Valuing their IP and utilizing and managing accordingly Think IP Strategy # 38 Trusted advisors to the world’s most innovative companies
  39. 39. thinkipstrategy.com @IPThinkTank Resourcesipstrategy.com Think IP Strategy linkedin.com/company/think-ip-strategy Trusted advisors to the world’s most innovative companies

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