Why bother with IP? © Emerging Strategies, LLP 2013

Why bother with IP? To provide a business advantage.

When does it work?

When IP interests relate to what the business is selling. When does it work?

PRINCIPLES 1.Goods not covered can be copied, limiting ROI. 2.IP interests that do not cover goods waste resources (time, money) that should be spent developing or protecting goods.

PRINCIPLES 1.Goods not covered can be copied, limiting ROI. 2.IP interests that do not cover goods waste resources (time, money) that should be spent developing or protecting goods. 3.Over time, adding/subtracting features of goods can disconnect good from an IP interest.

Businesses sell goods. Automobile Motorcycle Bicycle Stroller

Goods have features that provide a business advantage, like attracting customers. Wheel A Automobile Motorcycle Bicycle Stroller Drive belt Frame welding Wheel B Drive belt Frame welding Wheel B Drive chain Wheel C

Businesses have IP interests (patents, trademarks, etc.) Patent 1 Filed Issued Patent 2 Filed Patent 3 Not Filed Patent 4 Filed

IP interests have unique claims defining proprietary structures Wheel structure Frame welding method Drive belt structure Lubricant composition Patent 1 Filed Issued Patent 2 Filed Patent 3 Not Filed Patent 4 Filed

At least one product feature should relate to at least one IP claim Wheel A Automobile Motorcycle Bicycle Stroller Drive belt Frame welding Wheel B Drive belt Frame welding Wheel B Drive chain Wheel C Wheel structure Frame welding method Drive belt structure Lubricant composition Patent 1 Filed Issued Patent 2 Filed Patent 3* Not Filed Patent 4 Filed

Or else... Wheel A Avail Disc Automobile Motorcycle Bicycle Stroller Drive belt Avail Frame welding Avail Disc Wheel B Avail Drive belt Avail Frame welding Avail Disc Wheel B Avail Drive chain Avail Wheel C Wheel structure Frame welding method Drive belt structure Lubricant composition Patent 1 Filed Issued Patent 2 Filed Patent 3 Not Filed Patent 4 Filed A good (Stroller) is not covered and can be copied, limiting ROI; and/or An IP interest (Lubricant composition) does not cover a good and wastes resources (time, money) that should be spent developing or protecting goods

Relationships change over time 1.IP rights are static 2.Features of goods are added and subtracted responsive to demand

Over time, adding/subtracting features of goods can disconnect good from an IP interest. Relationships change over time

Automobile scheduled for upgrading Wheel A with Wheel D Wheel A Avail Disc Automobile Motorcycle Bicycle Stroller Drive belt Avail Wheel D Avail Frame welding Avail Disc Wheel B Avail Drive belt Avail Frame welding Avail Disc Wheel B Avail Drive chain Avail Wheel C Wheel structure Frame welding method Drive belt structure Lubricant composition Patent 1 Filed Issued Patent 2 Filed Patent 3 Not Filed Patent 4 Filed

Disconnects Automobile from IP interest covering wheel feature: Automobile is uncovered and can be copied, limiting ROI from it Patent 1 Filed Issued Patent 2 Filed Patent 3* Not Filed Patent 4 Filed Automobile Motorcycle Bicycle Stroller Drive belt Avail Wheel D Avail Frame welding Avail Disc Wheel B Avail Drive belt Avail Frame welding Avail Disc Wheel B Avail Drive chain Avail Wheel C Wheel structure Frame welding method Drive belt structure Lubricant composition * Patent 3 has not been filed, thus not enforceable

And Patent 1 no longer covers a feature of a commercial interest, draining resources (maintenance fees) better spent on other things Patent 1 Filed Issued Patent 2 Filed Patent 3* Not Filed Patent 4 Filed Automobile Motorcycle Bicycle Stroller Drive belt Avail Wheel D Avail Frame welding Avail Disc Wheel B Avail Drive belt Avail Frame welding Avail Disc Wheel B Avail Drive chain Avail Wheel C Wheel structure Frame welding method Drive belt structure Lubricant composition * Patent 3 has not been filed, thus not enforceable

Emerging Strategies tracks relationships among a business’ goods and IP interests revealing whether: 1.Goods are or will be covered and deliver satisfactory ROI 2.IP interests cover any goods, exposing opportunities for: a.Introducing covered good on market; b.Licensing rights to another; or c.Saving money by trimming IP interest from portfolio.

STOP In that last example, what was the extent that commercial and IP interests were related?

Let’s look again... Wheel A Automobile Motorcycle Bicycle Stroller Drive belt Frame welding Wheel B Drive belt Frame welding Wheel B Drive chain Wheel C Wheel structure Frame welding method Drive belt structure Lubricant composition Patent 1 Filed Issued Patent 2 Filed Patent 3* Not Filed Patent 4 Filed Wheel D Avail

ROI: the Big Picture and master of all of the pieces

This business is not profiting from most of its goods and wasting money on unnecessary IP interests.

ROI: Know what features have no IP coverage

ROI: Know what features are susceptible to, but have no patent coverage

ROI: Know what features can be patented globally

ROI: Know what features are susceptible to, but have no trademark coverage

ROI: Know and plan for features with expiring coverage Especially helpful with trademarks being phased out.

ROI: Know features not incorporated in a commercial interest

ROI: Know what IP matters are not covering any commercial interests May encourage product development in foreign markets – where IP interest is.

ROI: integrated in work process Ensures that IP work advances client commercial and business interests. Claims and features are paired

ROI: integrated in work process Ensures that IP work advances client commercial and business interests. Commercial interests and features are paired

Why should we care about ROI?

We care about ROI because: 1.Goods not covered can be copied, limiting return on investment. 2.IP interests that do not cover goods waste resources (time, money) that should be spent developing or protecting goods.

We care about ROI because: 1.Goods not covered can be copied, limiting return on investment. 2.IP interests that do not cover goods waste resources (time, money) that should be spent developing or protecting goods. 3.Over time, adding/subtracting features of goods can disconnect good from an IP interest.

Business have an EDGE over the competition when commercial and IP interests correspond

Having an EDGE over the competition is the point of bothering with IP in the first place!

ROI differs from Portfolio Management ROI a.Maps GOODS and IP interests, PM only IP b.Drives commercial and IP interest strategies, PM only IP