DOES OPEN INNOVATION IMPLIES OPEN IP IN AN R&D ......IMEC 2014 17 VI. CONCLUSION & CHALLENGES 1....

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TII CONFERENCE UTRECHT 2014 SMART SUSTAINABLE INNOVATION: THE GLOBAL PERSPECTIVE OPEN INNOVATION ACCELERATORS: DOES OPEN INNOVATION IMPLIES OPEN IP IN AN R&D ENVIRONMENT? RECENT DEVELOPMENTS IN THE IMEC IP BUSINESS Dr. ir. Vincent Ryckaert,European Patent Attorney IMEC IP Business and Intelligence Director Sigrid Gilis Independent Legal Consultant and IP Specialist

Transcript of DOES OPEN INNOVATION IMPLIES OPEN IP IN AN R&D ......IMEC 2014 17 VI. CONCLUSION & CHALLENGES 1....

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SMART SUSTAINABLE INNOVATION: THE GLOBAL PERSPECTIVE

OPEN INNOVATION ACCELERATORS:

DOES OPEN INNOVATION IMPLIES OPEN IP IN AN R&DENVIRONMENT?

RECENT DEVELOPMENTS IN THE IMEC IP BUSINESS

Dr. ir. Vincent Ryckaert, European Patent Attorney

IMEC IP Business and Intelligence Director

Sigrid Gilis

Independent Legal Consultant and IP Specialist

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TABLE OF CONTENT

I. Introduction

II. General Framework

III. Open Innovation and Open IP in

IMEC’s R&D Life Cycle

IV. Trends of Open Innovation and

demand for less Open IP = paradox

V. Open Innovation meets Open IP

VI. Conclusion and challenges

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I. INTRODUCTIONIMEC AT A GLANCE

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300mm

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Organic

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I. INTRODUCTIONIMEC RESEARCH PROGRAMS

HETEROGENEOUS INTEGRATION

ELECTRONICS FOR HEALTHCARE & LIFE STYLE

W IRELESSCOMMUNICATION

IMAGE SENSORS & VISION SYSTEMS

ENERGY SENSOR SYSTEMS

FLEX IBLE ELECTRONICS

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DR

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RESEA

RC

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RESEA

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H MEMS SENSOR PHOTONICS

CORE CMOS

LITHOGRAPHY DEVICES INTERCONNECTS

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I. INTRODUCTIONRESEARCH PROGRAMS

FOR FULL INDUSTRY ECO SYSTEM

Fablite & Fabless & OSAT Logic & Memory IDM & Foundries

LamRESEARCH

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I. INTRODUCTION

GLOBAL R&D PLATFORMS

7

Providing focus for universities and basic insight and solutions for industrial partners

UniversitiesLonge

r te

rm,

man

y

options

Short

er

term

,

applic

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ns

Tim

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ram

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Lower HigherR&D cost

Industry

Shared

R&D Platforms

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II. GENERAL FRAMEWORKDELINEATION BY DEFINING

Open Innovation▸The trend beating the non-innovative syndrome by

releasing the opinion that business potential can be

optimized by the use of others IP or your own IP by

others.

Open Intellectual Property▸The use of a more non-exclusive set up to more soft IP

regimes

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III. OPEN INNOVATION AND OPEN IP

IN IMEC’S R&D LIFE CYCLE

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III. OPEN INNOVATION AND OPEN IP

IN IMEC’S R&D LIFE CYCLE

Open multi-partner model▸Cost & IP sharing with all partners

▸ Fairness to eco-system

▸Non-exclusive use and exploitation rights (to make/have

made, sell, offer to sell) to semiconductor products by

non-blocking ‘tools’:

- TT via Residents creating jointly owned results with IMEC

- Co-ownership without accounting on jointly created results

- Granting access to IMEC Background

- Granting access to material and equipment, EDA, IP Blocks

IP Business Policy▸ (1) Avoiding IP blocking of partners

▸ (II) Securing IPR of partners

▸ (III) Fail safe

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III. OPEN INNOVATION AND OPEN IP

IN IMEC’S R&D LIFE CYCLE

Tendency towards less Open IP:▸ Industrial partners shift to late Life Cycle (DoD, LVM, +

Services; IP Licensing + Monetization) too open, demand

exclusivities without joint ownership of IP

▸Universities/academia focus on spin-off creation + more

exclusivities during collaborations

▸Government aims to gain more IP; closed consortia

Tendency towards less Open IP (schemes)

hampers the promotion of Open Innovation

and implies limited applicability of O.I.

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III. OPEN INNOVATION AND OPEN IP

IN IMEC’S R&D LIFE CYCLE

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▸Governmental Funded

- Fundamental Research: no industry

- Basic Research Funded projects: no industry

- Applied Research Projects: industry involvement and no industry financing

- Applied Research Projects: industry involvement and co-funding

- Own R&D Alliances (academia (complementary) and industry (infrastructure)

▸ Bilateral

- Programs (open consortia)

- Closed consortia (charity, industry/government – strange eco-systems)

- Bilateral R&D

- Development on Demand

- Low Volume Manufacturing and Services

- Technology Transfer and/or Spin-off Creation and/or IP/KH block licensing

- IP Licensing & Monetization

III. OPEN INNOVATION AND OPEN IP IN IMEC’S

R&D LIFE CYCLE

H2020 TRL

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III. OPEN INNOVATION AND OPEN IP IN

IMEC’S R&D LIFE CYCLE

• IMEC exploring competitive field via IP Monetization

• IMEC experimenting new models IP value extraction

• Internationalization hampered by different KPI’s and

approaches

• Light shift to less joint IP

• More difficult bilateral R&D negotiations shows weakening of

Innovation

• Industry seems to focus more on trade-secrets and hence C.I.

• Industry, academia, government do not seem to demand/request

Open IP business/strategy not fostering Open Innovation

The trend of Open Innovation and the tendency towards less

Open IP seems contradictory or irreconcilable, but in fact act as

a paradox

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IV. TREND OPEN INNOVATION AND

DEMAND LESS OPEN IP = PARADOX

Open Innovation Late R&D Life Cycle | Early R&D Life Cycle

Impossible | Possible

more --- |

|

|

|

|Tendency of government: more IP;

detrimental | academia: more exclusivities

less --- |

| | | Open IP

exclusive non-exclusive no IP

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V. OPEN INNOVATION MEETS OPEN IPIMECTOOLS, INSIGHTS AND ACCELERATORS

Attempt to solve this paradox: meet all changes in R&D

environment + demands in IP access rights regimes +

reconsile with tendency to O.I.▸Internally:

- adapted + refined IP Business Policy (not further discussed)

- Exploring use of patent pools for IPR sharing with 3rd parties (incl. academia

in related R&D fields)

▸promoting non-blocking approaches for IP market

policy-wise

▸Open the debate regarding the need for a good R&D

Life Cycle

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VI. CONCLUSION & CHALLENGES1. IMEC IP model – more dynamic than ever before

1. Explain internal (see strategy update)

2. Explain to Partners and Governments (wrong place of O.I. or

demand of O. IP in the life cycle does not work)

2. IMEC adapts to the IP and Open Innovation evolution 1. more open is NOT the way to go (starting from our

perspective)

2. Less open is NOT necessarily bad if rightly positioned in life

cycle

3. But in accordance with our open model AS BASELINE

4. Open Innovation and Open IP are impossible or detrimental in

certain stages in R&D Life Cycle seem to be irreconcilable

but meet in early stage Life Cycle

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VI. CONCLUSION & CHALLENGES

3. IMEC time to discuss the need for a sound

balanced R&D life cycle with Governments,

Academia and Industry in EU to create true EU

collaboration, defining expectations of Open

Innovation + offering accelerators and tools to

prosper R&D aligned with current tendencies

4. IMEC willing to bring its experience on the table

to achieve concrete solutions

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