Are startups IP-compatiblei3pm.org/Event-3/INPI_StartupPI_Ingolstadt2.01.pdf · (SME and ISE) March...
Transcript of Are startups IP-compatiblei3pm.org/Event-3/INPI_StartupPI_Ingolstadt2.01.pdf · (SME and ISE) March...
Are startups IP -compatibleA feedback from the French PTO
Alexis Martin, INPI – I3PM meets Academia 2018, Marc h 13, 2018
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Institut National de la Propriété Industrielle
750 employees
HQ in Courbevoie (near Paris)
18 local branches
10 international representations : Beijing, Rabat, Abu Dhabi, Singapour, Moscow, Delhi, Washington, Seoul,
Ankara and Brasilia
“Traditional” Missions :
• Granting IPR
• Carry out IP laws/regulations
• International representation
• Information and training
March 13, 2018 / INPI – I3PM meets Academia 2018
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INPI, at the service of business development
Target : Innovative, fast growing, exporting busine sses (SME and ISE)
March 13, 2018 / INPI – I3PM meets Academia 2018
“INPI N ew Deal” : from a administrative PTO to an economic support structure (INPI Roadmap 2013-2016)
Beyond our basic mission to register and grant IP rights
Support companies in their use of IP
Developcompetitiveness
Economicgrowth
Create jobs, enhanceexport…
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INPI, at the service of business development
IP applications fully digitalized
Meeting at local branches by
appointment only
Setting up a long term and regular
relation
A collaborative approach
(Chambers of Commerce,
Clusters, Patent attorneys ….)
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Our offer : INPI COACHING
March 13, 2018 / INPI – I3PM meets Academia 2018
IP STRATEGYI/ Company visit
First contact with the company
Informal exchange (no deliverable)
� Objective : answer questions, explain IP tools
Free of charge
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Our offer : INPI COACHING
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IP STRATEGYII/ IP Prediagnostic
For deep IP problematics
Action plan delivered by a professional
� Objective : Give a written report with recommendations to optimize IP and
innovation
Free of charge(cost for INPI: 1500 €)
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Our offer : INPI COACHING
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IP STRATEGYIII/ IP PASS
Help the company to apply our recommendations
Fund IP procedures :Patent Watch/Search
IP contractFile an IPR abroad
Litigation
INPI funds up to 5 000 €per company
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Our offer : INPI COACHING
March 13, 2018 / INPI – I3PM meets Academia 2018
IP STRATEGYIV/ IP Master Class
3 000€(real cost : 10 000 €, 70%
funded by INPI)
6 days training over 6 months
Including 4 coachings on a topic chosen by the company
� Objective : train the company to develop its IP strategy
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Other services and economic environment animation
Patent Landscaping Reports Workshops & conferences
Corporate IP Professional Association La PI en Fête
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INPI, startups and IP
March 13, 2018 / INPI – I3PM meets Academia 2018
What could we do to let startups enforce good IP pr actices ?
Do startups have specific needs in term of IP ?
Is there a need to adapt our offer to these possibl e specific needs ?
Step One : Definition � what is a startup ?
Step Two : Survey � ask startups, funders, IP Pro, Incubators & clusters
Step Three : Benchmark � What do other countries do ?
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Independent and registered business
AND R&D expenses – Innovative
AND Needs financing (fund raising), high growth opportu nity
AND Flexible, agile
AND Young (< ten years)
OR
What is our definition of a start-up ?
Business/project considered as a Start-Up by econom ic organization
who are supporting Start-ups .
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What 60 Startups told usTheir key concerns
Financing
Finding a way onto the governmental maze
Support systems too slow
About IP
70% poor IP awareness
Lack of time and money
INPI’s offer not clear enough
The e-filling trap
Their IP needs
Early-stage customized support
IP action toolkit
Long term support
Key-topics : Trademark, confidentiality,
traceability, Database, software…
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What Funders told us
3BanksVenture capitalistsBusiness AngelsRegional Councils
How funders view IP
IP as a barrier to enter the market
No IP, no money
Mixed feeling in the digital economy
IP as a second-class topic
Their IP needs
IP in the digital area
(too ?) Strong focus on patent !
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What IP Pros told us
We interviewed 16 patent attorneys and 11 lawyers
Key points
Startups = 20% of the client portfolio
Lack of money to correctly deal with IP
Low level of IP knowledge
Often in an emergency situation
No specific offer for Startups
Their needs
« It would be great if INPI could spend more resources
on educating startups »
Examination fast-track for startups
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What Support Structures told us
We interviewed 2 competitiveness clusters , 11 incubators , 1 chamber of commerce , 2 Innovation Agencies and 1 TTO
What they told us
Over 60% of startups in the digital area
IP as a protection and valorization tool, critical
role to raise funds
Low level of IP awareness, growing interest
Startups need training and customized support
on IP, especially IP strategy
IP cost is a problem
Their needsSupport on IP valuation
Enhance communication
with startups
Lower fees
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The Benchmark : India
Startup India (2016)
4500 startups
Bengalore Tech Park (IT, Finntech)
https://www.startupindia.gov.in/
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Startup Definition
Entity incorporated or registered in India
< 7 years, < 10 years for Biotechnology Startups
Annual turnover < 3,5 M€
Working towards innovation, R&D, improvement of products or services…
Scalable business model with a high potential of employment / wealth creation
Not formed by splitting up of a business already in existence.
Startups needs to be officially approved by an incubator certified by India
The Benchmark : India
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India
Startup Definition (As defined by DIPP)
• entity, incorporated or registered in India :
• Not prior to seven years, however for Biotechnology Startups not prior to ten
years,
• With annual turnover not exceeding 3,5 M€ in any preceding financial year, and
• Working towards innovation, development or improvement of products or
processes or services, or if it is a scalable business model with a high potential of
employment generation or wealth creation
• Provided that such entity is not formed by splitting up, or reconstruction, of a
business already in existence.
The Benchmark : India
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Facilitator services
General advisory on different IP rights on pro bono basis
Information on protecting and promoting IPRs in other countries
Assistance in filing and disposal of the IP applications
Drafting complete/provisional specifications for inventions of startups
Appearing on behalf of startup at hearings
Ensuring final disposal of the IPR application.
The Benchmark : India
Empaneled Facilitator : support entities labeled by the Indian Government to help startups.
Facilitator fees are regulated by the Indian govern ment. Startups only have to pay statutory fees for each IPR filed in In dia or abroad
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The Benchmark : Korea
Startup definitionA company with a business model expected to grow rapidly on
new ideas or technologies , usually a company not listed on the
stock market or merged with a big company
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The Benchmark : Korea
OASIS : Overall Assistance for Startup Immigration System (2014)
Objective : attract foreign startups in Korea, base d on their IP
Point system -based, mostly on innovation and IP
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The Benchmark : Korea
OASIS : Overall Assistance for Startup Immigration System (2014)
80 points needed to get a Visa
Patent Application = +20 points
Patent Granted = +80 points (!)
18 hours beginner IP course participation = +15 points
25 hours advanced IP course participation = +25 points
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The effect of OASIS Project on Korea
IPR as a collateral
IPR is known as a driver to fund raising
Prior to 2013 : banks quite reluctant to grant a financing based only on IP
After 2013 : the public authorities urge banks to grand loans based on IP as a
collateral
The Benchmark : Korea
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IP Evaluation and financing
Patent evaluation carried out by KIPA (Korean Invention Promotion Association)
/free of charge for the SME : paid by the KIPO or the government
Korea Development Bank loan program launches in 2013 :
• Loan up to 1,6 M€ / 180 businesses, for a total of 150 M€
• Other system : IP based third-party guarantee (the risk taker is not a bank, but a
3rd party).
The Benchmark : Korea
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Conclusion
Startup identification
Fast moving innovative structure, limited time resources
High need of money
Significant proportion in the digital economy
Low level of IP awareness
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Conclusion
Some tips to sell IP to startups
Be where startups are
IP wrapped for startup : digital protection, trademark…
IPR as a communication / fundraising driver
Adapt IPR examination timeframe to startup speed (IA,
Blockchain…) �Examination fast track, reduced fees
Do not only speak about Patent !
Expand your area of expertise : Personal data, Business Models,
infringement, counterfeit…