The document discusses the importance of intellectual property (IP) communication strategies. It notes that IP such as patents, trademarks, and trade secrets are intangible assets that can provide competitive advantages if properly communicated. An effective IP communication strategy should clearly explain the company's IP value proposition to various stakeholders like investors, customers, partners, and employees. It highlights examples of companies that effectively communicate their IP strategies and the benefits they gain from it in terms of increased valuation and stakeholder confidence.
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Includes case studies and extracts from analysis of patent activity in the 'micro-scale energy harvesting device' space.
This presentation was prepared for the 2010 Australian Innovation festival by Mission HQ. It provides a framework that we utilise in consulting engagements for the valuation of technology based intellectual property.
Patent Monetization: Buy, Sell, License, Hold?Erik Oliver
Given the myriad of ways companies use to monetize their patents, how do you know which choice to make? ROL Group delves into this question by looking at the different types of monetization strategies available, and balances the options based on their current market and judicial factors.
Cambridge IP Webinar: Developing a fact-based IP strategyQuentin Tannock
Webinar presentation: Developing a fact-based intellectual property strategy.
Includes case studies and extracts from analysis of patent activity in the 'micro-scale energy harvesting device' space.
This presentation was prepared for the 2010 Australian Innovation festival by Mission HQ. It provides a framework that we utilise in consulting engagements for the valuation of technology based intellectual property.
Patent Monetization: Buy, Sell, License, Hold?Erik Oliver
Given the myriad of ways companies use to monetize their patents, how do you know which choice to make? ROL Group delves into this question by looking at the different types of monetization strategies available, and balances the options based on their current market and judicial factors.
Juldee IP and tech monetization v4 by ex-Hewlett-Packard Director of IP Fas M...Fas (Feisal) Mosleh
Ever wondered how to best leverage your innovation – technology, patents and IP – to create additional value for your venture? You can increase your business valuation, create a revenue stream or generate a small windfall for your business by monetizing technology and patents along the way. IP and technology M&A can help create value whether you are early stage, mid stage or later stage.
An invention requires enormous time and money; above all, it requires patience. Inventing such ideas need to be protected. Continue to the presentation to know what you will get if you registered for a patent.
Ulwando Communication Solutions ProfileLanga Nyati
Company profile for Ulwando Communication Solutions.
The focus of the company is to provide enterprise communication solutions to medium and corporate customers in South Africa.
Juldee IP and tech monetization v4 by ex-Hewlett-Packard Director of IP Fas M...Fas (Feisal) Mosleh
Ever wondered how to best leverage your innovation – technology, patents and IP – to create additional value for your venture? You can increase your business valuation, create a revenue stream or generate a small windfall for your business by monetizing technology and patents along the way. IP and technology M&A can help create value whether you are early stage, mid stage or later stage.
An invention requires enormous time and money; above all, it requires patience. Inventing such ideas need to be protected. Continue to the presentation to know what you will get if you registered for a patent.
Ulwando Communication Solutions ProfileLanga Nyati
Company profile for Ulwando Communication Solutions.
The focus of the company is to provide enterprise communication solutions to medium and corporate customers in South Africa.
Interim and Daily Hire of your own Non Executive Director, Logistics Controller, Supply Chain & Purchasing Director, General Manager, Mentor & Coach, Lecturer, Speaker and Session Chair.
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Have you ever wondered what it is you need to do to increase the valuation of your company to get the best payout when you exit? This panel will discuss many ways of upping your valuation and how to start the process in the early days as well as improving it in the latter days of the life of the company.
For example, adding high profile industry experienced people to your team, buying or developing really interesting patents, creating channels, a brand, relationships that matter. Other ways include increasing your customer base and creating products that fit the gaps which larger competitors possess. When an acquiring company looks at you, what constitutes your value drivers?
Join a distinguished panel comprising entrepreneurs and acquirers as well as financial experts who can give you an idea of how to best increase your company’s valuation.
PMG Oct 2011 Patents and intellectual property 101 for product managers finalDerek Pettingale
Recent sales of patent portfolios for billions of dollars are leading executives to revisit potential dormant value. With visible portfolio valuations such as Nortel and Motorola IP making headline news, the value of Intellectual Property has never been higher than in today's economy. As a result, Product Managers are now being challenged with understanding basic patent protection, strategy and valuation.
Intellectual Property: Presentation on IP for Business Advantage - BananaIPBananaIP Counsels
Intellectual Property: Presentation on IP for Business Advantage - BananaIP
BananaIP Counsels, formerly Brain League IP Services, founded in 2004 at the Indian Institute of Management (IIM) Bangalore’s incubation center (NSRCEL), is recognized as an IP/Patent trailblazer in India. The firm’s mission is to help clients maximize business value from their Intellectual Property (IP)/Patents, and gain competitive advantage in the market place. In its evolution from Brain League, BananaIP carries forward the firm’s core values – Merger of Technology,Management and Law, Swift Adaptation to changes in competitive environment, and business driven approach to Intellectual Property (IP)/Patent Services
Contact Us for Intellectual Property Services
BananaIP Counsels
Regd Office
No.40,3rd Main Road,JC Industrial Estate,
Kanakapura Road,Bangalore – 560 062.
Email: contact@bananaip.com
Telephone: +91-80-26860414 /24/34
Intangible assets, which account for up to 90% of a company's value, especially patents, which make up the largest proportion of these assets, are hardly ever utilized for corporate value creation despite their value. In this presentation, I introduce patent management solutions for the development of patents that can contribute to corporate value creation, using the latest digital technologies such as AI, blockchain, and Web 3.0. I also introduce measures to maximize the financial use of patent assets secured through such patent management. In particular, I will look into the domestic and overseas trends of STO (Security Token Offering), which have recently been gaining attention in S. Korea, and learn about strategies and methods for patent asset STO.
[Presentation] Webinar on Patent Management and Patent Asset STO in the ChatG...
CMP IP communication 4-08
1. IP Communication
Increase Value with IP Communication
David McFeeters-Krone
Intellectual Assets, Corp
IP Strategy - Licensing - Tech Scouting
dmk@intelassets.com
2. IP Communication
Ground Rules & Caveats
• Patents are just part of the equation.
• Communication is one part of IP
strategy
• Dave is not a lawyer.
4. IP Communication
IP is Intangible Value
• Patents, trademarks, copyrights
• Trade secrets
– Know how
– Secrets
– any work product not publicly known
5. IP Communication
Why have an IP Strategy?
Source Les Nouvelles 3/2006
QuickTime™ and a
TIFF (LZW) decompressor
are needed to see this picture.
6. IP Communication
Benefits of the IP Strategy
• Legal
– Freedom to operate
– Cross licensing
• Market
– Competitive advantage
– Premiums
• R&D
– Focus
– Acceleration
• Finance
– Clear explanation
– Value preparation
– Revenue (maybe?)
O - Offensive
X - Defensive
- Market Innovator
Patents, Trade Secrets
$ - Assertion
7. IP Communication
IP Strategy Components
• Internal
– IP Audit
– Patent / Trade Secret / Copyright / TM policies
– Education
• External
– Competitive Intelligence
– Communication
• IP Council
• Continual Review
8. IP Communication
Communication to Stakeholders
• We understand the value of our IP
• We have an IP generation engine
• We know how to capture and protect IP
• We have a sustainable
competitive advantage
10. IP Communication
WSJ coverage 1992- 2007
IP Stories in the WSJ 1992-2007
0
50
100
150
200
250
300
350
1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007
Year
# of IP Stories
0.0
1.0
2.0
3.0
4.0
5.0
6.0
7.0
8.0
9.0
IP Storie
Over 2.5x
stories
Over 4.7x
%
11. IP Communication
Investors Care
• The company has greater legal protection
– Freedom to operate
– Counter claims (cross license)
• There is greater market potential
– Competitive advantage
• They see your concentrated efforts in R&D
– Tangible output from R&D
12. IP Communication
‘Take aways’ for Investors
• Link IP to revenues
• Reduce risk with
– More tangible assets, less volatility
– Understanding of the IP strategy
– Confidence in IP management
13. IP Communication
Potential Value of IP
• Intangibles listed at
80% of firm’s value
• Average poorly
communicated
20 20
80
114
0
20
40
60
80
100
120
140
160
Reported Potential
Tangible Intangible
100
134
14. IP Communication
Esterline
• Specialized manufacturing company serving principally
aerospace and defense markets.
• “Although we hold a number of patents …, we do not
believe that our operations are dependent on our patents
…. In general, we rely on technical superiority, continual
product improvement, exclusive product features, superior
lead-time, on-time delivery performance, quality and
customer relationships to maintain competitive advantage. “
15. IP Communication
HP (circa 2004)
• Excellent 10-K
– Importance of patents
– Number of patents and trend
– Even a small breakdown by industry
– Comments on licensing
• Don’t Walk the walk
16. IP Communication
3M
• Poster child for innovation
• R&D called out (including expense)
– Reorg of R&D includes # of personnel
• Patents, ™, licenses including their
value
• Just a taste of patent detail.
17. IP Communication
Value of Harmony
IP Communication
Business
Communication
• Aligned communications are additive
18. IP Communication
IP Communication Plan
• Section in Annual Report
• PR Focused on IP
– About the IP of Company
– Distilled into About Company
• White papers
• Raise the level of discourse with
stakeholders (including reporters)
23. IP Communication
IP Communication
1. Relate its direct impact on your revenue
2. Relate your IP position in the market
3. Outline strategy (capture, alignment, etc)
4. Reveal the IP ↔ business advantage
5. Basic legal issues
24. IP Communication
Summary
• IP is a significant part of firm value
• If you are not in control of your IP,
then it is out of control.
• A clearly communicated IP strategy
will increase firm value
25. IP Communication
Thank You
David McFeeters-Krone
Intellectual Assets, Corp
IP Strategy - Licensing - Tech Scouting
dmk@intelassets.com
(503) 493-0477
Increase Value with IP Communication
26. IP Communication
Customers Care
• It can simplify purchasing decisions
• Offers security and confidence
• Offers competitive differentiation
• Customer can better defend decision
27. IP Communication
Partners Care
• More reason to do business with you
• Potential barriers to exit
• Channel partners can leverage your
IP
28. IP Communication
BASF
• R&D: Because of the high degree of complexity and uncertainty
involved in chemical and biological research, there is a risk that
projects might be discontinued or that developed products will not
receive approval for marketing. We lessen this risk through our
global Know-how Verbund, our collaboration with our partners and
customers as well as our innovation process whereby efficiency,
chances of success and general conditions of research projects
are continuously reviewed.
• Patent risks: The Global Intellectual Property department of BASF
SE, together with the appropriate units of the U.S.-based BASF
Corporation and BASF Coatings, Munster, Germany monitors all
the intellectual property rights of BASF. At the same time, we aim
to avoid patent and licensing disputes as far as possible through
our extensive clearance research.
A patent plan is not an IP strategy
IP is value
Ip is not understood
Ip can be communicated.
asdf
Ask questions
So nothing in this presentation should be construed as legal advice. Not only am I not your lawyer, I am not anyone’s lawyer
Dave is a physics major, but do not be alarmed. Yes you will hear terms like leverage, congruence, dissonance, vector, and vacuum. But there will not be a test. As a bonus, I try to stay away from business buzzwords, so anyone out there with those buzzword bingo cards will go home unhappy.!
Lincoln Quote - Fire of Genious
Mark Twain Quote - setting up a patent office
Lester Carl Thurow (1938) is a former dean of the MIT Sloan School of Management and author of numerous bestsellers on economic topics.
Thurow is on the board of directors of Analog Devices, Grupo Casa Autrey, and E*Trade. Thurow was also one of the original founders of the Economic Policy Institute in 1986.
Thurow is currently an economics columnist for, among others, the Boston Globe and USA Today. He was previously an economics columnist for and on the editorial board of the New York Times, and was a contributing editor to Newsweek.
Analysts indicate that soon 90% of the value of global 2000 firms will be IP. Gartner/PWC
CFO magazine
Courts and Torts: Touching on Intangibles
http://www.cfo.com/article.cfm/3686823
A whopping 96 percent said that managing IP and intangibles is important to the success of high-performing companies, while 49 percent deemed those assets to be the main source of long-term shareholder wealth creation. (The survey was conducted by the Economist Intelligence Unit, a sister company of CFO.com.)
Only 5 percent claimed that their companies have a robust system to catalog and measure the performance of IP and other intangibles. Another 66 percent said their inventory-measurement process is informal or qualitative, while a full one-third admitted they don’t measure performance at all.The cost of such inaction, however, can be high. The Federal Bureau of Investigation estimates that U.S. businesses lose between $200 billion and $250 billion a year because of IP violations, and the U.S. Chamber of Commerce claims that those totals translate into the loss of 750,000 American jobs.
PWC quote
MIT quote
There are lots of components to the Strategy. In truth you can not communicate a plan that does not exist and I would not recommend using the cart to drive the horse. However it does help to have the end in mind. If you want to say “we own this space” then perhaps you should devote some resources (other than PR firms) to making it so. I often think ahead and say, what do I wish I had done 6 months ago that I I could be reaping the benefits of today.
IP involvement at project conception
Prior art search
License early
Design around
Ownership
Tight control through agreement
Special control of contractors and separated employees
Dates, location, witnesses, all steps of conception, development and reduction to practice.
Confidentiality agreements, and training
Issues, assignments, trade secrets leak, limit your recourse, unable to warrant in licenses miss dates
Patent / Trade Secret / Copyright policies
Keep records
Document disclosures
IP audit
OK so what messages do you want to reveal
The first two are processes, but can be implemented briskly.
What you see is just the tip of the iceberg
Show them more of the iceberg!
Lock in and customer loyalty
Partners - similar to the customer scenario. Everyone must make choices, give them a clear reason to choose you.
Employees - everyone wants to be with a winner. It helps them understand how their company is different from the competition
It gives them a sense of increased job security
Previous study shows 25% increase in stories from 1996-2000
30% increase in importance since 2000
Investors - I am not just talking VCs. IP has become highly leveragable. The key is developing a clear, crisp story that even your banker can understand.
Revenues= income = stock price
CFO magazine
States IP is not important
Actually gives cases where IP is important
Who wrote this (the CPA)
Hp
Our general policy has been to seek patent protection for those inventions and improvements likely to be incorporated into our products and services or where proprietary rights will improve our competitive position. At October 31, 2004, our worldwide patent portfolio included over 25,000 patents, a significant increase over the 21,000 patents we held at the end of fiscal 2003. Of these 25,000 patents, approximately 9,000 are related to IPG, with approximately 4,000 of the IPG patents related to our supplies business. … While we believe that our patents and applications are important for maintaining the competitive differentiation of our products and maximizing our return on research and development investments, no single patent is in itself essential to us as a whole or any of our principal business segments. In addition to developing our patents, we license intellectual property from third parties where we deem appropriate. We have also granted and continue to grant to others licenses under patents owned by us when we consider these arrangements to be in our interests. These license arrangements include a number of cross-licenses with third parties.
3M
R& D constitute an important part of 3M’s activities. Products resulting from R&D have been a major driver of 3M’s growth. R&D expenses totaled $1.143 billion in 2004 … 3M realigned its research and development efforts in 2003 … bring[ing] together more than 600 researchers … and 400 other 3M technical …. The Company’s products are sold around the world under various trademarks that are important to the Company. The Company also owns, or holds licenses to use, numerous U.S. and foreign patents. The Company’s R&D activities continuously generate new inventions that are covered by patents. Patents applicable to specific products extend for varying periods according to the date of patent application filing or patent grant and the legal term of patents in the various countries where 5 patent protection is obtained. The actual protection afforded by a patent, which can vary from country to country, depends upon the type of patent, the scope of its coverage and the availability of legal remedies in the country. The Company believes that its patents provide an important competitive advantage in many of its businesses. In general, no single patent or group of related patents is in itself essential to the Company as a whole or to any of the Company’s business segments. The importance of patents in the Health Care and Display and Graphics segments is described in “Performance by Business Segment” – “Health Care Business” and “Display and Graphics Business” in Part II, Item 7, of this Form 10-K.
IP comm should reinforce and enhance bus comm.
What you see is just the tip of the iceberg
Show them more of the iceberg!
Lock in and customer loyalty
IP is normally thought of as an intangible. It is your goal to create tangible value from this asset.
Much IP has a public face, however the true value (especially processes and patents) are hidden from view and understanding --therefore undervalued.
The market already has accounted for the public information. Your firm can benefit from the absolute increase IN ADDITION TO the risk reduction on the whole.
Red dots show competitors patent, note focus.
Khj
Source: http://www.wipo.int/sme/en/documents/ip_accounting.html
Provide a narrative summary:
- Analyze and explain the basic business model, plan and strategy and show how the IP contributes to the bottom line of your business.- How do you make money and what role does the IP play in it?
Relate your income streams to your IP :
- What were the returns from IP-protected business segments?- How do your trade secrets / patents contribute to the new / improved / superior / better- functionality or features of your services/products as compared with those of your competitors?- How do/does your trademark(s) contribute to your company's or your company's products' / services' image, recognition, reputation or branding strategy in the market in developing customer loyalty or attracting new customers?- Do you use industrial designs to protect the unique look or packaging of your products?- How do your trade secrets, such as know-how or business ideas, make your company unique?
Relate the IP to your position in the market:
- Does the ownership of IP help you to gain/secure/improve your market share or profits?- Are you using IP as an entry barrier to keep competitors out of a particular market?- Does the IP of your competitors pose a threat to your business?- Do you have "freedom to operate" in using your own new ideas, concepts, inventions and innovations, without being required to take prior permission (which may involve making a payment) of someone else (say, a competitor) to develop a new/improved product/service or add new features to an existing product/service?- Does your IP provide you with some form of exclusivity in the market, and, if yes, for how long?
Demonstrate your managerial skills:
- Are you pursuing a systematic strategy to exploit the commercial benefits of your IP?- Have you understood how the exploitation of your IP relates to other complementary business assets that may be critically needed?- How is your R&D focus aligned to your IP strategy and to your commercial goals?- How do the financial plans for managing your IP relate to your overall financial and business goals?- How determined are you to extract (further) revenue from your IP?- What experience do you have in managing IP?- How are you leveraging your IP to develop new relationships and business partnerships?
Understand the legal scope of the IP rights :
- What level of practical protection does your IP have in a given business environment?- Can you operate in the market without infringing the IP rights of other market participants?- How likely is it that competitors will legally steal your ideas or creative expression or find legitimate ways to circumvent your IP and thereby effectively free ride on your creativity and innovation?- What is the risk of pirates and/or counterfeiting negatively impacting your market share, and to what extent?
Nature abhors a vacuum!
it will be filled by your competition or mis information.
KHJ
It can make customers feel smarter for making this choice!
Customers care because they do not want to make a mistake. Think IBM. Perceived IP wealth helps customers rationalize their purchase decision and so make faster decisions.
Case - up the street is Nautilus group owners of Bowflex. They have been in an on-going suit with Weidler’s crossbow. Nautilus sales men likely talked to Fred Meyer and told them that they would need to send all their stock back. These guys do not need that kind of hassle. Perhaps this is on the edge of anti-competitive behavior, however IP is a legal monopoly.
Perceived wealth in IP can lead to increased brand loyalty
Reduce your marketing costs
Attract new customers by references
Prevent competitive incursions into installed base
For you it means get into more RFPs, and shorten the sales cycle
More defensible price
KHJ
They perceive strong reasons to do business with you
Barriers to exit
It gives you more negotiation power with partners
Channel partners can leverage your IP in their sales efforts (standing on the shoulders of giants)
Cross box/bow flex