Technology Protection and Exploitation Flashcards
Technology Protection
Incorporate product features that do not increase the functionality but protect the knowledge
Why Protect Technology
Avoiding IP threat
To avoid companies copying your innovation
Limit Invent around possibilities
Recoup R&D investment
Create and maintain a competitive advantage
Attract investment
Maximise value creation and capture
Leveraging IP for Maximising Value Creation and Capture
Rather manage the lifecycle to minimise the costs
Longer exploitation
More competitive
Currently, the economy is more data-driven so the majority of assets are intangible
IPR owning firms have higher revenues and pay higher salaries that non-IPR owning firms
Types of IP
Formal IP needs to be kept alive:
Patents last up to 20 years:
Trademarks can last forever if renewal fees are paid every 10 years
Copyright is automatic and lasts ~75 years after the originator’s death
Registered designs are also territorial and separate applications must be filed in different countries- can last up to 25 years
Trade Secrets
commercially valuable because it is secret,
be known only to a limited group of persons
be subject to reasonable steps taken by the rightful holder of the information to keep it secret, including the use of confidentiality agreements for business partners and employees
Preferred for manufacturing process innovation
Patents
New
Inventive step- can’t be obvious
Susceptible to industrial application
A patent application remains secret within the first 18 months
Europe’s unitary patent system
Computer-implemented inventions are patentable:
The implementation of a computer, computer network with features realised by a computer program
Publish
Prevents the same thing from being patented by a competitor
Maintains Freedom to Operate
Can force competitors to narrow their patent claims
Rivals have free access to it
Irreversibly surrender potential patent claims
Used when:
An innovation is not technically challenging and can be invented around
No significant threat from rivals as a result of it
More important to ensure firms have a right to use
To show the other companies how far behind they are
Leading firm faces a patent pirate
Rivals have free access to it
Irreversibly surrender potential patent claims
Where to Publish?
Classical defensive publications
Defensive publications within the patent system: patent application which is later publishes
Disguised publications (deliberately hidden)
Technology Exploitation and Licensing
Exploitation: conversion of technologies into marketable products, or alternatively the realisation of their value through sale or joint venture
General Strategies
Aquisition: internal R&D, Innovative projects, joint technology ventures, technology purchasing, technology scanning
Exploitation: Internal exploitation, creation of innovative projects, joint tech ventures, tech selling, divestment, storage and leakage
Licensing
The transfer of certain IP rights from a licensor, typically the owner, to a licensee, typically governed by a licensing contract/agreement
Licensing permits others to use specified IP
It is not the transfer of ownership
Pros
Gain market access and avoid entry barriers on foreign markets
Avoid large resource commitments
Gain economies of speed
Utilise local market expertise
Higher profitability and RoI
Gain access to the technolgies of others
Expand the range of applications of the technology
Promote a proprietary standard
Cons
Risk future competition
Uncertainty about what happens aftger the contract expires
Restricted room for action on markets with licensees
Open Innovation
IP is not an open innovation barrier, but the lack of IP management skills is
Patents are enablers of open innovation
