Achieving Competitive Advantage By Patenting your Inventions
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ACHIEVING COMPETITIVE ADVANTAGE
BY PATENTING YOUR INVENTIONS
Pat Bhatt
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About Me
• Currently Founder and CEO of SkyAccountant™ • Background in Engineering and Business • Specialize in:
– Product Innovation – Evaluating and identifying patentable technologies – Designing and implementing patent programs
• 15 patents/pending • Dad, Musician, Marathoner
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Executive Summary • Organizations depend on product managers to create a
“Differential Advantage” for sustaining growth – Innovation is the most direct means to an advantage
• Protecting innovation is overlooked by many organizations: – Gap in actual vs. assessed value of innovation – Lack of IP know-how and expertise
• Organizations expose themselves to theft (by competitors) and litigation
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1. What you need to know about IP and Patents 2. What are the key decisions you need to make 3. What can you take back to your organization
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Types of Protection for Intellectual Property
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Copyright
Trademark
Patent
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What is a Patent?
Exclusive Right
An Invention
to benefit from
A Limited Term
for
Full Disclosure
in return for
about the invention and its implementation 5 Pat Bhatt
A Sovereign Nation
granted by
to an inventor or assignee
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What is an Invention?
New to the world (not in “Public Domain”)
Not “obvious”
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Some Examples • Light bulb • Gramophone • Telephone • New Font • High-yield Corn • Cholesterol reducing compound • Internal Combustion Engine
Shock-absorber that prevents glass breakage in iPhone
Location-based search using mobile GPS
• One-click purchase • Matrimonial matching • Sales reporting • Bank reconciliation • Optimization
7 Pat Bhatt
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Types of Patents Utility • Useful process, machine, method, or composition of matter. • New uses for previous inventions (in public domain)
Design • Ornamental design for a manufactured item • Functionality not covered by patent
Plant • Discovery or invention of a new plant (mutants, hybrids, seedlings) • Asexually reproduced (graft, cutting, or other; not from seed or tuber)
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Pop Quiz Patentable? Utility, Design, or Plant?
Airplane Utility Chewing gum Utility Peach Plant Statue of Liberty Design Strategy for tax reduction Not patentable Fix round-off errors in financial statements
Utility
A molecule that can reduce inflammation
Utility
OCR check images into accounting software
Utility
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Role of Product Manager
Superior Brand
Communicate benefits to customers
Superior Product
Solve customer problems in new and different ways
Primary focus
Product Manager’s Role in creating “Differential Advantage”
Superior Process
Drive efficiencies in implementation, delivery, sales, support, training, maintenance
End-to-End Ownership
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The Product Manager Must Facilitate Innovation in All Functional Areas
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Innovation and Returns
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Obvious None, or negative return
Source of Functionality Return on Investment
Public Domain - Open source, academia, expired patents, “me too” solutions, consulting
Possible short-term returns
Innovative and truly new to the world
Potential for long-term returns but competitors sure to move in (or worse – claim your innovation as theirs)
“Prior Art” not in public domain but owned by another party
Potential lawsuit
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Patent or Trade-Secret?
Disclose and file for a patent?
OR
Maintain as trade secret?
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Patent vs. Trade-Secret: Considerations
• Is protection needed for 20 years? • Will technology last? Will business last? • Which industries does this apply to?
• Can competitors reverse-engineer product? • What type of products cannot be reverse- engineered?
13 Pat Bhatt
• Are there other benefits? • R&D Tax Credits, Intangible Asset Value • Risk mitigation
• Will brand-strength carry the product? • Microsoft, Intuit, Twitter, Facebook did not file patents • When will brand-strength alone not help?
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Patent Trends
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-10.0%
-5.0%
0.0%
5.0%
10.0%
15.0% Ax
is T
itle
Change from Previous Year
1. Mostly positive YOY trends 2. Drops correspond to recessions 3. CAGR at 5% 4. Applies to all industries
1. Continued rapid increase in applications and awards
2. No five-year period of static or negative growth
3. Innovation far exceeds US population growth
4. Rest of dev world: 10% 5. Developing countries: 1%
0
500,000
1,000,000
1,500,000
2,000,000
2,500,000
3,000,000
3,500,000
1985 1990 1995 2000 2005 2010 2015
Applications Vs. Awards
Applications Awards US Pop.
Source: USPTO.GOV
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Demographics
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- 20,000 40,000 60,000 80,000 100,000
Philadelphia-Camden-Wilmington, PA-NJ-… Austin-Round Rock-San Marcos, TX
Dallas-Fort Worth-Arlington, TX Detroit-Warren-Livonia, MI
San Diego-Carlsbad-San Marcos, CA Seattle-Tacoma-Bellevue, WA
Minneapolis-St. Paul-Bloomington, MN-WI Chicago-Joliet-Naperville, IL-IN-WI
Boston-Cambridge-Quincy, MA-NH Los Angeles-Long Beach-Santa Ana, CA
San Francisco-Oakland-Fremont, CA New York-Northern New Jersey-Long Island, …
San Jose-Sunnyvale-Santa Clara, CA Silicon Valley has led innovation for 10+ years in
Total patents granted between 2000 and 2009
0
2
4
6
8
10
1985 1990 1995 2000 2005 2010 2015
Applications vs. Awards Per 1,000
Applications Awards
Patents per 1,000 people continues to grow
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Risks of Not Patenting
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Patent Litigation is on the Rise http://www.pwc.com/en_US/us/forensic-services/publications/assets/2012-patent-litigation-study.pdf
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Litigation Benchmarks
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Chance of losing in litigation remains high. Average award = $8M
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Largest Awards/Settlements
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Case Study: Namestasia™
• Problem: Text to speech unable to accurately recognize or speak international names
• Solution: Engine to recognize or generate sounds for names
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Start with E2E Flow Awareness among
customers Web, Email, Mobile
Trial - Expiry key, 30-day
disable, etc.
Purchase - Online purchase,
third-party, in-product
Support
Usage
Name Database
Find Names & Details
Generate Sound
Maintain • Update Names • Update Sounds • Bug fixes
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Sample Product Implementation Name Database
• Purchase list • Import into
database
Normalize
• Scrub duplicates • Find varying
spellings using rules for “allophones”
• Sort by usage
Codify
• Phonetics • Automatic from
rules • Human
generated
Generate Sounds
• Sound generation ideas
• Concatenation • Domain-specific • Diphone
Exercise:
1. What is new to the world? 2. What is non-obvious?
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Filing the Patent
Determine what is new to the
world?
Wait until further notice
22 Pat Bhatt
Defensive Publication
Trade Secret
Patent
Provisional
Full
Self-Prep
Professional Prep
Draft of Application
- Review Claims File Application
US
International
Disclosure
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Product Managers as Change Agents 1. Create a culture of innovation
• Find a “senior exec” sponsor who is passionate about the benefits of establishing a patent portfolio
• Create buzz and excitement among employees and get their buy-in; give reasons to patent
• Offer incentive, however small • Make sure every product release goes through a review for
inventions
Pat Bhatt 23
2. Establish an innovation pipeline within your organization
• Encourage employees (inventors) to submit patentable ideas • Qualified team-members may review to determine if idea is new
to the world and non-obvious • Recruit attorneys to help inventors submit application to USPTO
3. Recognize and celebrate success • Every inventor gets credit irrespective of accept/reject by
reviewers • Review successes and continually improve innovation processes
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What Did We Learn?
• IP and patent terminology, examples • Implementing a patent strategy offers
significant advantage – Not filing for patents poses serious risks
• Patent applications and grants are on the rise – So is litigation
• Organizational culture is key to innovation • Product Managers hold pivotal role in
delivering innovation and advantage Pat Bhatt 24
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Q&A
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