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The Business view of IP Strategy, for Startups, SME's and MNE's

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Patent Strategy, IP Strategy: Protecting your Invention vs vs. Protecting your Investment, with a focus on Software / IT points. Presented at the ACCT Innovation 2013 conference.

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The Business view of IP Strategy, for Startups, SME's and MNE's

  1. 1. The Business Perspective of protecting IT with IP ACCT Innovation 2013 Toronto, Canada December 5, 2013
  2. 2. When (and should) to address IP? The Business View Protecting your Invention vs. Protecting your Investment
  3. 3. The (Business) IP View C-level Business Drivers The real value of your IP: • Protect R&D expenses • Prepare for future acquisition / defense • Business Partners & Investor needs • Realistic budget • You have to play the game (or not). • Volume ≠ Quality • 5% of your portfolio will be of value to leverage © 2013 Prepared for ACCT Innovation 2013 IPStrategy.ca Page 3
  4. 4. Business Impact of IP 10 9 1400+ 1600+ Patents Patents Patents Patents 56 80 1800+ 1100+ Applications Applications Applications Acquired Digg’s portfolio IBM alters IPO filings © 2013 $550 to MS; $40M to Friendster Prepared for ACCT Innovation 2013 Applications Social Networking, One-Click IPStrategy.ca Page 4
  5. 5. Business View of the IP Lifecycle Most Ventures Involvement for R&D Business & Market Assessment Invention Evaluation Patent Filing IP & Business Strategy Most Ventures Involvement with Legal IP Application & Enforcement © 2013 Patent Prosecution Prepared for ACCT Innovation 2013 IPStrategy.ca Page 5
  6. 6. What are your IT + Patent Strategy Options? Filing Strategy Depends on Market: • Offensive – Disruptive Technology – Early Adopter & Market Leadership – Foundation IP • Defensive For Further Reading: Visionar y Integrated Profit Center – Pre-emptive destruction – Design Freedom Cost Control Defensive • Non-Practicing Entity • Multinationals vs. SME’s • The position of your IT product in the IP Value Hierarchy © 2013 Prepared for ACCT Innovation 2013 IPStrategy.ca Page 6
  7. 7. How to execute on IP? The Operational View How do you determine what you SHOULD file?
  8. 8. IP Planning Toolkit Analytics & Analysis • Technology Landscaping • State of the Art searches • IP Landscape analysis • Competitive IP analysis • Whitespace analysis Analytics – Information & Knowledge © 2013 Internal Processes • • • • • Harvest  Evaluate  File Idea Ranking & Priority Review Committees Early Counsel involvement Business / Strategy Validation Process – Deliverables & Actions Prepared for ACCT Innovation 2013 IPStrategy.ca Page 8
  9. 9. IT / Software Specific Considerations What are some operational considerations? • Resources & cost allocation in the overall business • Pure software vs. integrated vs. solution level • Speed of Lean Startup iterations vs. patent costs • Technical buyouts vs. market acquisitions • Speed of product and market change • Long game benefits © 2013 Prepared for ACCT Innovation 2013 IPStrategy.ca Page 9
  10. 10. Actions for Success View IP within business: • Should vs. Could • Budget & Timeline • Understand final 3-5 year vision • CTO / IP and the planning cycle • Key IP Influences: Business, Marketing, Technical, and Legal – Early involvement of Counsel – Continued involvement of R&D in prosecution © 2013 Prepared for ACCT Innovation 2013 Define a patent plan: Idea aligned with business goals and technology direction Legally Enforceable and Licensable Economic Value IPStrategy.ca Page 10
  11. 11. Thank You

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