Identifying intellectual property component at the early stage

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(c) 2020 .ALL RIGHTS RESERVED WITH THE AUTHOR DR.RATHISHCHANDRA R GATTI EXCEPT REFERENCE SOURCES.

If one has rights on these ..
house
bike
commodities
Why not these ?
ideas
words
Musicpaintings
design
logo
[1]
[1] Registered Logo of Nike,Inc.

PATENTS
ideas
Words
Music
Paintings
Design
DESIGN
PATENTS
COPYRIGHTS
COPYRIGHTS
COPYRIGHTS
logo
[1]
TRADEMARKS
Special
product/process
TRADE
SECRET
[1] Registered Logo of Nike,Inc.

1. Return of Investment of Efforts
30 years of
Research
20 years of
payback time
PATENT
2. Competitive Advantage for Individuals/
companies
Recommended reading :Smartphone Patent Wars
https://en.wikipedia.org/wiki/Smartphone_patent_wars#2019
Layers of
Patents to
protect Key
technologies
All are registered trademarks of their respective corporations
1,023 patents
2011 Purchase
$ 30 bn
Research
Recommended reading :Cost of Drug Development
https://en.wikipedia.org/wiki/Cost_of_drug_development#Research_and_development

3.Passive Income – Money automation
Novels
Movies
JK Rowling
Author and
philanthropist
Sold its patents in 1991
during crisis
4.Trading IP Assets – Corporate strategy
Sold its patents in 1990s
during crisis made upto
$1bn.
Dealed with Android vendors
using Patents to get 70% of
Android Marketshare.
Comics/Graphic Novels
T-Shirts
Accessories

6. Credentials – For Career Growth5. Build to Sell – IP based Startups
IP rich
Start-ups
Large companies buy IP rich
start-ups paying good ransome
Large MNC

7. National Economic Growth -GDP
Source: https://www.statista.com/statistics/256845/ranking-of-the-10-countries-who-filed-the-most-international-patent-applications/
RANKING-OF-THE-10-COUNTRIES-WHO-FILED-THE-MOST-
INTERNATIONAL-PATENT-APPLICATIONS
Source: https://www.outlookindia.com/newsscroll/huawei-claims-no1-spot-in-european-
patent-office-ranking-2019-reaffirms-its-leadership-in-techinnovation/1778524

7. National Economic Growth -GDP
Source: https://www.statista.com/statistics/256845/ranking-of-the-10-countries-who-filed-the-most-international-patent-applications/
Why?
• Strategy for Economic Supremacy
• Monopoly and force other countries to buy
• Increase GDP and Per Capita Income

IPR Type Access Attribution Freedom
to Operate
Ease of work
around
Copyrights
Eg: Graphic art at Pixabay, Open source
code
OPEN OPEN OPEN Very Easy
Copyrights
Eg: Graphic art at i-stock , OA Research
papers
OPEN CLOSED OPEN Very Easy
Copyrights
Eg: Company’s White papers
OPEN CLOSED CLOSED Difficult
Design Patent
Eg: Shape and colour of mobile phone
OPEN CLOSED CLOSED Difficult
Patent
Eg: Functional design of a feature in
mobile phone
OPEN CLOSED CLOSED Very Difficult
Trade secret
Eg: Coca Cola recipe
CLOSED CLOSED CLOSED Very Difficult
Least
Protection
Highest
Protection

Acknowledgement to Source : https://creativecommons.org/about/cclicenses/

https://www.apache.org/licenses/LICENSE-2.0
https://tldrlegal.com/license/apache-license-2.0-(apache-2.0)
APACHE LICENCE 2.0 (Explained by TLDR Legal)
If your work is of high economic
value, consult Legal Advice

Product
Service
Work = Innovation +Effort +Time
ValueCustomer
Investor
Maker
Money
Quality
For a customer , Value is “bargain of quality”

Product
Service
Work = Innovation +Effort +Time
ValueCustomer
Investor
Maker
Q
For a customer , Value is bargain of quality
$
$+ Cr
$
$
Early career - More Cr, less $
Late Career - More $, less Cr

Customer’s Value bargain ratio =
Investor’s Value bargain ratio =
Maker’s Value bargain ratio =
Quality
$ spent on the product
δ$ gained from the investment
$ invested
Work spent on the product
δ$ gained + Credit for the work
Business Stability = Balance of these six bargaining forces
Many fail to master stability , few succeed, very few survive.

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Kano Matrix
Product Features
“Must have” Curve
(Required, NEED)
“Nice-to-have” Curve
(optional, WANT)
Customer
Satisfaction
In a Mobile phone,
I need
CLEAR VOICE,
READABLE SMS,
ABILITY TO GET NETWORK,
LONG BATTERY LIFE
I want
CAMERA
GPS
TOUCHSCREEN

In a Mobile phone,
I need
CLEAR VOICE,
READABLE SMS,
ABILITY TO GET
NETWORK,
LONG BATTERY LIFE
I want
CAMERA
GPS
TOUCHSCREEN
In a Mobile phone,
I need
CLEAR VOICE,
READABLE SMS,
LONG BATTERY LIFE
CAMERA
GPS
TOUCHSCREEN
I want
QUADRACORE PROCESSOR
OPERATING SYSTEM
APPS
In a Mobile phone,
I need
CLEAR VOICE,
READABLE SMS,
LONG BATTERY LIFE
CAMERA
GPS
TOUCHSCREEN
QUADRACORE PROCESSOR
OPERATING SYSTEM
APPS
I want
OCTACORE PROCESSOR
GRAPHICS
FINGERPRINT SENSOR
VOICE COMMAND
2002 2015 2020
Old WANTS become new NEEDS
Product Features
WANT curves
Customer
Satisfaction
NEED curves
2000
2010
2015
2020
2025

Product Features
WANT curves
CustomerSatisfaction
NEED curves
2000 (Celeron, Pentium 2)
2010(P4, one core)
2015(2 cores,4 cores CPUs – dual core, i7, AMD )
2020 (12 cores,16 cores CPUs –AMD Ryzen, Intel Xeon)
2040 ( Qubit Processors-Quantum computing)
• Quite often , people do not
follow NEEDs.
• It is the power of marketing
that can change WANTS to
NEEDS

USP = “Unique selling point” = “Unique Selling Proposition”
1. What are the additional WANT features compared to your immediate competitors ? –Differentiation
2. How much price can you reduce in your product ? -Cost
DIFFERENTIATIONCOST
COST FOCUS
DIFFERRENTIATION
FOCUS
Low High
BroadNarrow
MarketShare
Competitive Advantage
PORTER’S STRATEGY MIX
For your USP, put both of
your legs on COST boat or
DIFFERRENTIATION boat,
but not BOTH boats.

IPR in DIFFERRENTIATION STRATEGY
IPR in COST STRATEGY
• Cheaper Alternative materials with same or nearly same properties of replaced materials.
• Material reduction in components.
• Combination of parts.
• Use of new processes to reduce cost.
• Algorithms with lesser computational time.
• Reduced wiring and sensors.
• Better Alternative materials
• New Product features
• New market
• New processes to increase production.

DIFFERRENTIATION
FOCUS
DIFFERENTIATION
COST FOCUS
COST
4
3
2
1
Growth rate is calculated as CAGR value for last 4-5 years
Case 1: Small size and there
is less scope for NPI
Case 2: Small size and there
is high scope for NPI
DIFFERRENTIATION
FOCUS
DIFFERENTIATION
COST FOCUS
COST
1
2
3
4
Case 3: Large size and
Industry trend is slow/-ve
DIFFERRENTIATION
FOCUS
DIFFERENTIATION
COST FOCUS
COST
2
1
3
4 DIFFERRENTIATION
FOCUS
DIFFERENTIATION
COST FOCUS
COST
3
4
1
2
Case 4: Large size and
Industry trend is fast/+ve
LARGE COMPANIESSMALL COMPANIES
Eg: Tax Consultants, Drafting
services
Eg : Design labs, R&D
insititutes, Product Startups
Eg : Pharma, Power plants,
Steel plants
Eg : Pharma, Power plants,
Steel plants

DIFFERRENTIATION
FOCUS
DIFFERENTIATION
COST FOCUS
COST
Try to identify NEW FEATURES ,NEW MARKET IPR but a SMALL market segment
Try to identify COST REDUCING IPR features of existing product for a SMALL market segment
Try to identify NEW FEATURES ,NEW MARKET IPR but a LARGE market segment
Try to identify COST REDUCING IPR features for a LARGE market segment
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1. Patentable Product @ Functional Prototype stage- Labscale functional prototype of WEC
2. Patentable Process @ Functional Prototype stage – labscale process of developing biodiesel.
3. Process as a Trade Secret for a limited period of time – secret ingredient formula
4. Product as a Trade Secret for a limited period of time- special purpose machine with limited access
5. Copyright of the software code- source code
6. Copyright of artistic work- Graphics
7. Design Patent of shape and non-functional design features –color patterns,shape
8. Trademark of your business – Logo, name, brand names
9. Geographical Indications if you are a cooperative society/cluster/association

1. Generic search - Google
2. Research papers -Google Scholar AND/OR Semantic scholar [AI Powered] search
3. Generic Patent search – Free Patent Databases like freepatentsonline, google patents
4. Detailed Patent search – Usually done by Patent agents – Premium databases Thomson
Innovation
1. Freedom to Operate and Uniqueness Test
2. Non-obviousness Test – Is your idea so simple and obvious that anyone can think of it
3. Commercial Viability Test –
1. Market Research (secondary large size data) - Using Market research data from IBIS world or other MR databases,
checking the stock variations of the companies involved in similar product, Annual reports.
2. Interviews with potential customers (Primary small size data)

Personalbranding
Money
MANIPULATION ZONE
GROWTH ZONE
Low High
Low
High
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2
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3
PATENTS
OA RESEARCH PAPERS
OPENSOURCE CODE
PROPREITARY CODE
OPEN SOURCE DESIGNS
CA RESEARCH PAPERS
PROPRIETARY DESIGNS
CC COPYRIGHTS WORK
COPYRIGHTS WORK
CCNA COPYRIGHTS WORK
SKILL
INTUITION
IPR BUCKET
ADMIN WORK

Child and Parent Claims
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2
3
4
5
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10
9
11
12
13
14 15
Patent
Claims
Source: REPLACEMENT PANEL BOARD AND METHODS FOR SELECTING
United States Patent US8027154

Copyrights Work (Literature)
Paraphrasing tool like Quillbot AI tool
Copyrights Work (Music)
Source: Quillbot.com
Source: audacityteam.org
Audacity: By digitally created
music ,you can alter the pattern
of music

EU
What rights does a patent provide?
A patent owner has the right to decide who may – or may not – use the patented invention for the period in which
the invention is protected. In other words, patent protection means that the invention cannot be commercially
made, used, distributed, imported, or sold by others without the patent owner's consent.
Is a patent valid in every country?
Patents are territorial rights. In general, the exclusive rights are only applicable in the country or region in which a patent
has been filed and granted, in accordance with the law of that country or region.
Source: Wipo.int (https://www.wipo.int/patents/en/faq_patents.html)
CHINA
Japan
original
Special
Purpose
lathe
Duplicate Special
Purpose lathe
Special
Purpose
lathe
Only JP patent
Sale
Sale

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Product startup
Exclusive License
Non Exclusive License
Process startup

GATTIRATHISH[AT] GMAIL.COM

Identifying intellectual property component at the early stage

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Identifying intellectual property component at the early stage