This document discusses intellectual property (IP) and strategies for commercial success through IP. It covers types of IP like patents, trademarks, and designs. It emphasizes developing an IP strategy aligned with business goals to maximize returns. The document also discusses obtaining tax relief for innovation through R&D tax credits and the new Patent Box, which allows companies to pay a lower tax rate on profits associated with patented products or services.
Presentation originally given to business advisors on 11 Oct 2008. Starting with a case study of three young entrepreneurs, the presentaiton considers how each of them can be assisted. It then deals with the sources of IP, the available assistance including inventors\' groups and clinics and the services avfailable form professional advisors.
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.
Rob McInnes, one of Australia's leading patent and technology licensing lawyers gives an overview of IP basics and recent developments aimed at startups.
This was presented in a recent workshop for the INCUBATE startups.
These are the slides for the presentation that I was due to give to the makers at FFPWS on 1 April. FFIWS is a maker space in Porthmadog with laser cutters, 3D printers and all sorts of other impressive kits. As my visit has had to be cancelled I have decided to deliver my presentation online. If there is still enough interest in Porthmadog (or anywhere else in the world for that matter) I will give a fee webinar on 15 April 2020 on IP Law for Makers, The IP law in question will be the law of Wales and England which will not be exactly the same elsewhere but most of the presentation should be relevant more or less anywhere.
Presentation originally given to business advisors on 11 Oct 2008. Starting with a case study of three young entrepreneurs, the presentaiton considers how each of them can be assisted. It then deals with the sources of IP, the available assistance including inventors\' groups and clinics and the services avfailable form professional advisors.
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.
Rob McInnes, one of Australia's leading patent and technology licensing lawyers gives an overview of IP basics and recent developments aimed at startups.
This was presented in a recent workshop for the INCUBATE startups.
These are the slides for the presentation that I was due to give to the makers at FFPWS on 1 April. FFIWS is a maker space in Porthmadog with laser cutters, 3D printers and all sorts of other impressive kits. As my visit has had to be cancelled I have decided to deliver my presentation online. If there is still enough interest in Porthmadog (or anywhere else in the world for that matter) I will give a fee webinar on 15 April 2020 on IP Law for Makers, The IP law in question will be the law of Wales and England which will not be exactly the same elsewhere but most of the presentation should be relevant more or less anywhere.
The presentation provides some background information about intellectual property as related to businesses and how the intellectual property can be used as a security interest or collateral for obtaining financing for businesses.
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.
Patents and IP for the startup founder (pasadena connect week) 2018.10.23L15A
On October 23, 2018 CRASH Space hosted Ben Kuo and Stephen Vegh at Pasadena Connect week to discuss Patents and Intellectual Property (IP) for the Startup Founder.
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.
Wednesdays With Redchip March - Intellectual Property & StructuringRedchip
As we transition from manufacturing to an information economy, understanding the intellectual property (IP) within a business, registering it as required and protecting it as a valuable asset is critical.
In this presentation our experts provide an overview of some of the most common forms of IP including confidential information, copyright, patents and trade marks. Zachary Pagliano breaks down examples and useful tips for each property type, before Playna Ho delves into the most effective structures for IP protection and how to restructure a business to achieve this outcome.
Traklight Webinar with Shane Olafson and Kyle Siegal on Patent Dos and Don'ts...Traklight.com
A discussion of patent tips for startups, including:
- Carefully allocating precious startup funding
- Properly limiting disclosure of new products and concepts
- Understanding patent application timelines
- Knowing when a provisional application may be appropriate
This seminar was created and delivered by Michelle Holoubek, Don Featherstone, and Gaby Longsworth of Sterne Kessler on 07/30 for Impact.tech x Fifty Years.
IP rights are an important class of intangible assets that can be assigned or licensed to generate revenue. Indeed, some companies do not make or sell products; their entire revenue is derived from the licensing of their patents. Suffice it to say, licensing revenue has become a significant source of value in the global intellectual property economy. This webinar will help you better understand the complex legal issues associated with IP transactions.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/buying-selling-ip-2020/
Workshop 2 - Legal Concerns (Steve Davey) Cullens BrochureAngela Li
Dear IDEA Network members,
Due to copyright restrictions, I am unable to share with you the PPT from our workshop. Here is a very detailed and resourceful brochure from Cullens, the firm that our guest speaker Steve Davey works for.
The presentation provides some background information about intellectual property as related to businesses and how the intellectual property can be used as a security interest or collateral for obtaining financing for businesses.
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.
Patents and IP for the startup founder (pasadena connect week) 2018.10.23L15A
On October 23, 2018 CRASH Space hosted Ben Kuo and Stephen Vegh at Pasadena Connect week to discuss Patents and Intellectual Property (IP) for the Startup Founder.
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.
Wednesdays With Redchip March - Intellectual Property & StructuringRedchip
As we transition from manufacturing to an information economy, understanding the intellectual property (IP) within a business, registering it as required and protecting it as a valuable asset is critical.
In this presentation our experts provide an overview of some of the most common forms of IP including confidential information, copyright, patents and trade marks. Zachary Pagliano breaks down examples and useful tips for each property type, before Playna Ho delves into the most effective structures for IP protection and how to restructure a business to achieve this outcome.
Traklight Webinar with Shane Olafson and Kyle Siegal on Patent Dos and Don'ts...Traklight.com
A discussion of patent tips for startups, including:
- Carefully allocating precious startup funding
- Properly limiting disclosure of new products and concepts
- Understanding patent application timelines
- Knowing when a provisional application may be appropriate
This seminar was created and delivered by Michelle Holoubek, Don Featherstone, and Gaby Longsworth of Sterne Kessler on 07/30 for Impact.tech x Fifty Years.
IP rights are an important class of intangible assets that can be assigned or licensed to generate revenue. Indeed, some companies do not make or sell products; their entire revenue is derived from the licensing of their patents. Suffice it to say, licensing revenue has become a significant source of value in the global intellectual property economy. This webinar will help you better understand the complex legal issues associated with IP transactions.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/buying-selling-ip-2020/
Workshop 2 - Legal Concerns (Steve Davey) Cullens BrochureAngela Li
Dear IDEA Network members,
Due to copyright restrictions, I am unable to share with you the PPT from our workshop. Here is a very detailed and resourceful brochure from Cullens, the firm that our guest speaker Steve Davey works for.
How To Protect Your Company's Intellectual PropertySecureDocs
This presentation covers cost-effective patent protection for inventions worldwide and protection tactics for unpatented trade secrets. It also gives a compelling argument for why companies should go against the status quo when filing for patents which can help save money and speed up the total patenting process.
Partners Maria Stout and Paul Stellman kicked off a two-part, comprehensive discussion of strategic planning for capturing and protecting intellectual property. The presentation served as an introduction to the topic and provided more general information.
Speakers: Maria Stout and Paul Stellmann
Scinnovation (also known as SCPL) is in the business of Scaling Innovation since 2005 and provides innovation, R&D and Intellectual Property (IP) solutions to start ups, innovators and businesses.
SCPL is involved in creating the innovation ecosystem by getting ideas protected globally, creating IP strategy for new product launch, and providing solutions to enforce IPR.
This IP Strategy Overview was presented at a conference of innovators at Georgia Tech's College of Architecture in October 2013. The goal of this presentation is to go beyond the usual lawyer-generated content to highlight not only the positive aspects of IP, but also to give a reality check as to the likely ROI of investment in protection. A basic overview of IP (patents, copyrights, trademarks, trade secrets) is provided. Additionally, commonly overlooked forms of intangible asset value are presented. A case study of an innovation protection strategy is highlighted. Recommendations for business relevant IP and patent protection strategies are also included.
Legal mistakes can doom even the best startup concepts and founding teams. This workshop prepares you with a legal road map to successfully safeguarding your product or idea. Yuri Eliezer, Founder and Patent Attorney at SmartUp, will show you how to reserve your Intellectual Property rights.
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
Preparing Your Portfolio for Prime Time: IP Due DiligenceMintz Levin
Due diligence helps potential investors know they are making a winning bet on your startup. Hence, investors conduct a detailed look “under the hood” of the company and the company’s IP is at center stage.
MaRS Best Practices: IP Best Practices for Life Sciences Companies - Victoria...MaRS Discovery District
Discover why intellectual property is a critical asset to your company. Within the context of current economic uncertainty, this series covers cost-effective strategies for securing IP and patent rights to enhance the market value and competitive position of your life sciences or ICE company.
IPR Strategies for Startups - presented at BangaloreIT.bizInolyst
This presentation outlines IPR strategies which IT startups should consider.
This was presented by the Founder of Inolyst at BangaloreIT.biz YESSS forum 2009
2. Commercial Success through IP
Financial reward from innovation in your business
Adrian Chettle C.Eng., F.I.Mech.E.
Withers & Rogers LLP
Patent and Trade Mark Attorneys
United Kingdom
3. How do we create value from
innovation?
• What is IP?
• Patents, Trade Marks & Designs
• Tax relief for IP
• Q&A
4. Intellectual Property - what is it?
What it is not
a bunch of papers
some legal nonsense
an inventor's ego
It is
highly valuable
a real commercial tool
5. IP - The Headlines
$3billion patent license revenue p.a.
$6 million patent
portfolio sold at auction
ECJ boosts Adidas
Texas jury tells Boston Scientific to in three stripe row
pay inventor $431.8million
6. Types of IP
TRADE MARKS INVENTIONS
Registered Patents
Common Law Utility models
Intellectual
property
Copyright Know How
Database Registered
Design Designs
rights AESTHETIC
Right
CREATIONS
7. Do you own IP rights?
• Are you the designer/originator?
• Is the designer/originator an employee?
– Generally speaking, employee creations automatically
belong to the employer.
• Is the inventor/designer a contractor or consultant?
Any rights arising from inventions created by consultants
should be assigned as soon as possible.
9. Standard Approach to IP Protection
• Reactive - Inventory approach
• Good Idea - Patent it!
10. Better approach to IP protection
• Strategic - Visionary
• Set the direction for you own
innovation based on your
commercial goals
11. Decision making
• IP strategic review
– Are the innovations new?
– How does each fit with the business goals?
• Could you maintain the idea as a trade
secret?
• Should you publish and not file for IP
protection?
12. Tending to the seedlings
• IP review
– Periodically check for improvements
– Standard foreign filing strategy for
certain categories of invention
– Good records system
– keep your patent attorney informed
• Thin out their crop periodically
– Realise it's not about what you've
spent, but what the innovation is
worth to you now and in the future.
13. Gathering their harvest
• Passively
– Competitors prevented from
practising inventions
– Locking partner company
into joint venture
– Increasing company value
• Actively
– Seeking licensees - risk free
revenue ?
– Acting against infringers
14. A culture of IP awareness
• Invention records system
• Internal IP policy
– confidentiality notices
– copyright notices
• Do you have a policy of respecting your
competitor's IP?
• Inventor reward scheme
15. Maximising returns
• Exploiting IP
– Product sales
– Sale of business
– Sale of IP
– Licensing and franchising
• access to new
– markets
– territories
16. Defend your market
• Protect new products
• Make the fact of protection known
• Consider your export markets
• Use a mixture of business tools
17. Will I infringe other IP rights?
• Monitor competitors patent filings
• A very good source of technical information
• Check freedom to operate by making
infringement searches
• Watch competitor activity
18. Enforcement
• Long term protection
• Significant deterrent effect
• Litigation is rare
• Alternative ways to assert your
rights:
– Settlement
– Alternative dispute resolution
• Mediation
• Arbitration
– Licensing
19. Where to now?
• Audit your IP today.
• Is there a suitable level of awareness of IP within your
business? Do you have systems in place?
• Think long term - align your IP strategy with your
business goals.
21. R&D tax credits
• an established scheme
• for UK companies paying Corporation tax
• giving SMEs 225% relief
• against proven R&D expenditure
• claims for past years are permissible
23. Strategy - reasons for patenting
1. To protect your market.
2. To gain licence income.
3. To obtain a negotiating tool.
4. To maximise asset value.
5. TO OBTAIN TAX RELIEF.
24. Patent Box - objectives
• Enhance attractiveness of UK tax system
(e.g. vs The Netherlands)
• Encourage location and retention of science
and technology jobs in the UK
• Encourage investment and growth in the
UK technology sector
25. How much tax?
• Corporation tax is currently 26% , reducing to
24%
• Option to elect to HMRC for a reduction in UK
corporation tax to 10%
• with tapered implementation:
Year 2013/ 4 2014/ 5 2015/ 6 2016/ 7
% 60 70 80 90
effective % 15.2 13.6 12.4 11.2
(Trade-off to include existing granted patents)
26. Which profits?
• Profits passing through a UK company
which is paying Corporation tax.
• Profits relating to qualifying products or
services covered by a relevant patent
• Worldwide sales
• Patent owner and exclusive licensee
Key message: the proposals are generous!
27. Which patent rights?
• UK patents
• EP patents
• Patents granted by some other countries
• Supplementary Protection Certificates
(pharmaceuticals)
• Plant variety rights
• NOT US patents
28. Do all profits qualify?
• No - special calculation - less than 100% of
qualifying profits will be taxed at 10% rate
• HMRC fighting back!
• Deductions:
– "routine return figure" - the profit a business might
make if it did not have access to patents
– "marketing assets return figure" - excludes profits
generated using established brands
Key message: number crunching by accountants!
29. Which profits?
Key message: 10% will not
be reached for a few years!
30. What types of income qualifies?
• Sales revenue
• Royalties and other licence revenue
• Court awards from infringement
proceedings
• Patent owners & exclusive licensees
– i.e., if a patent is licensed then both the
licensor's royalties and the licensee's sales can
be taxed at the reduced rate
31. Other requirements
• Opt-in
- forewarning to HMRC
• Active ownership
– only applies to group companies
– defined as performing a significant
management activity
– a renewal decision counts as management
activity
33. Which products? 2
• Any product!
• "Complex products" including one patented
component
• Any spares for the product, even if the
spares themselves are not patented
Key message: for single product SMEs, all profits
will be relevant for only a single patent
35. What about services?
• Unlikely to apply to entire sales revenue
• Companies which use their patents to
perform processes or provide services can
benefit up to the level of an arm's length
royalty
36. Can I get tax relief whilst my
patent application is pending?
• Yes, but relief will be claimable only after
the patent is granted (up to 6 years)
• Accelerate granting of the patent
37. Who will benefit?
• Start-ups - a target of the proposals!
• Research and manufacturing businesses
• Local subsidiaries of multinationals with "active
management" in the UK , and profits washing
through a UK company
• Existing patent holders get a windfall!
38. Further information:
• Withers & Rogers website - click on "Patent Box Services"
button on the home page for detailed Q&A.
Legislation:
http://www.publications.parliament.uk/pa/bills/cbill/2010-
2012/0325/2012325.pdf
• "Technical Note":
http://www.hmrc.gov.uk/budget-updates/march2012/patent-box-tech-note.pdf
• "Consultation on the Patent Box":
http://www.hm-treasury.gov.uk/consult_patent_box_stage2.htm
• HMRC HM Revenue presentation:
http://www.hm-treasury.gov.uk/d/patent_box_presentation120112.pdf
39. Conclusions
• This is a great opportunity
• Tax avoidance with official approval!
• Patenting should be cost negative
• This is already changing our clients'
patenting strategy
• Act as soon as possible! (at least arrange an
audit)