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Topic 7 Shaping Business Strategy Through Competitive Intelligence: strategic use of Intellectual Property Information Training of Trainer’s Program, Teheran.

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Presentation on theme: "Topic 7 Shaping Business Strategy Through Competitive Intelligence: strategic use of Intellectual Property Information Training of Trainer’s Program, Teheran."— Presentation transcript:

1 Topic 7 Shaping Business Strategy Through Competitive Intelligence: strategic use of Intellectual Property Information Training of Trainer’s Program, Teheran 9 June2015 By Matthias Kuhn, MBA University of Geneva, Unitec, Switzerland Bonjour à tous et à toutes. Mon nom est Matthias Kuhn. Michel Ferrary m’a demandé de vous présenter notre bureau, Unitec et en particulier ses activités de soutien aux startups. 24/11/2018 1 Technology Transfer Office

2 AGENDA Introduction. Market forces. Patent Information.
International Patent Classification (IPC). Patent familly. Types of patent searches. Patent and non-patent information.

3 AGENDA Patent information and Business Strategy.
Patent information searching. Trademark & Designs searching. Business strategies and types of search. Searching: examples (patents & trademarks).

4 FORCES ACTING ON THE MARKET – ROLE OF PATENTS
Corporate strategy should meet the opportunities and threats in the organizations external environment. These forces determine the intensity of competition and hence the profitability and attractiveness of an industry. Intensity of competition («Rivalry») can be strongly influenced using the patent system. Using the patent system influences other forces too: Buyer’s power, Potential Entrants, Substitutes. According to Porter, every firm must set its strategy according to the nature (5 forces) of the external industry environment. Patents pay a role in every Porter «force». Michael E. Porter „Competitive Strategy: Techniques for Analyzing Industries and Competitors“, 1980

5 WHY USE PATENTS TO GATHER COMPETITIVE INTELLIGENCE ?
Technical and legal information contained in patents documents. Description and claims of patent documents. Bibliographic information & citations (prior art). Advantages of patent information: Up to date (appears earlier than product itself). Uniform in structure (incl. IPC standard classes). Detailed. Bibliographic info: title of the patent document, name of applicants, name of inventors, nationalities, date of filing, International Patent Classification.

6 WHY USE PATENTS TO GATHER COMPETITIVE INTELLIGENCE ?
Unique and extensive. 70% of information published in patents is published nowhere else. 50 million patents documents published worldwide; 2 million new ones every year.

7 PATENT FAMILY All the patent document which are linked via a common priority document. Useful why ? to find an invention described in another language. To estimate the importance of an invention (many countries <-> more important).

8 TYPES OF SEARCHES State of the art search.
Patentability search: novelty, inventive steps. Infringement search (freedom to operate) Validity search (after infringement search). For information about the threats of a patent. To challenge the validity of a patent. Index or name search. Index, name search: info about width of technology field of an applicant or the field of research of an inventor.

9 SOURCES OF PATENT INFORMATION
Free of charge online databases. International, regional, national databases Commercial databases Espacenet (EPO) Patentscope (WIPO) Lens.org Delphion Derwent World Patent Index

10 NON-PATENT INFORMATION SOURCES
Source: Irene Kitsara WIPO

11 OTHER TYPES OF DATABASES
Trademarks registered Nationally and Internationally «Romarin» «Hague Express» Database Industrial Designs Source: Irene Kitsara WIPO

12 BUSINESS STRATEGY Own commercialization Licensing-in Licensing-out
File patents, commercialize product/ service. Licensing-in Get rights to use third party patents, commercialize. Licensing-out File patents, licence to others. Combine with «own commercialization» by defining «fields of use» or «geographies».

13 BUSINESS STRATEGY (2) Cross-licensing Mergers and acquisitions
Partnership with other player: mutual licenses. Mergers and acquisitions Complementary technologies, complementary markets, additional markets, cost savings. Research and Development Seize the appropriate technology fields in line with company development strategy. Human Resources Number, scope, value of patents for specific inventors.

14 BUSINESS STRATEGY (3) Appropriate types of searches by business strategy Licensing Mergers & Acq. Research & De. Human Ress. State of the art Search x Prior art search Infringement search Validity search Index/ name search

15 EXAMPLE OF SEARCH OBJECTIVE
Your company plans to launch a product in the field of water desalination. Your company has some expertise in this field but has not filed patents so far and has used products made by third parties. Before dedicating development ressources, you are asked to do a patent search. What kind of search would you do ?

16 TYPE OF SEARCH QUESTION RECOMMENDED TYPE OF SEARCH
Can my technology be patented ? Prior art Search Are there many patents in this area ? How high is the risk that my company will infringe someone else’s patent ? Infringement Search What is the status of the patents which my company may be infringing ? Validity Search Who are the players in this specific field of technology ? State of the Art Search Could I hire someone from competition with useful knowledge to help patent my company’s technology ? Index/ Name Search.

17 TYPE OF SEARCH SEARCHING

18 COMBINED FIELD SEARCH Patentscope

19 COMBINED FIELD SEARCH

20 INTERNATIONAL PATENT CLASSIFICATION (IPC)
IPC: classified by function. Example: A21B 1/08: Section¦Class¦Subclass¦Main group¦Subgroup

21 Which IPC class ? IPCCAT or STATS
IPC SEARCH Which IPC class ? IPCCAT or STATS Source: Irene Kitsara WIPO

22 IPC SEARCH STATS Suggestions: Source: Irene Kitsara WIPO

23 SEARCH BY IPC Source: Irene Kitsara WIPO

24 SEARCH BY IPC View options:

25 SEARCH BY IPC View options:

26 SEARCH BY IPC Relevance of IPC search ? Source: Irene Kitsara WIPO

27 PATENT STATUS INFORMATION

28 PATENT STATUS INFORMATION
lens.org

29 PATENT STATUS INFORMATION

30 PATENT STATUS INFORMATION
International Search Report

31 PATENT STATUS INFORMATION
International Search Report Patent filed in 2001 and granted in Europe on 3 June, 2015 (after 14 years after filing !)

32 PATENT STATUS INFORMATION
International Search Report

33 TRADEMARK SEARCHING Search for «Adidas» - - «Romarin» WIPO

34 TRADEMARK SEARCHING

35 TRADEMARK SEARCHING Results

36 TAKE AWAY QUESTION Is it correct that a majority of the information contained in patents is published nowhere else ?

37 THANK YOU FOR YOUR ATTENTION

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