IP STRATEGY FOR GREEN TECH

IP STRATEGY FOR GREEN TECH

16 NOVEMBER 2021

WELCOME!

IP strategy for Green Tech

Nyske Blokhuis

Dutch & European patent attorney

Associate Partner at EP&C (NL/BE)

Non-Residential Teacher at Maastricht University

Tutor at European Patent Academy (EPO)

Active in the IP world since 2001

TYPICAL FOR GREEN TECH


• Many companies hunting the same/similar “holy grail” …

• … but they look in different directions to get there

• Rapid development of technology

• Often: multi-disciplinary inventions

• Rise of new companies

• Change in direction by existing companies

TODAY: A TALE OF TWO COMPANIES


1: A young scale-up company

Started as a green start-up a few years ago

2: An established company

Shift to new technology for green solutions

1: YOUNG SCALE UP: LIGHTYEAR


IP FOCUS FOR SCALE-UPS


What do you think a scale up should focus on?

1. Building up your own portfolio -> raise hand

2. Search & freedom to operate -> don’t raise hand

WHY DO SCALE-UPS NEED PATENTS?


Investors like patents!

• If scale-up is successful: protection of product

• If scale-up is unsuccessful: still value in the IP

Hedging against “the big guys”

• Protection of own tech

• Material for cross licensing, e.g. in case of IP-conflict

So, scale-ups need to build a solid patent portfolio

IP CHALLENGES GREEN SCALE-UP


• Many active players in the field

• Many players after the same “holy grail” -> you need to file quickly

• Tight budgets

• Fast growing organisation• Many new people on board

• Changes in organisational structure of company

IP STRATEGY FOCUS GREEN SCALE-UP


Set up organisational structure for:

• Invention harvesting

• Objective evaluation of “patent worthiness” of ideas

• Protection of trade secrets

• Creating IP-awareness for new employees

• Evaluating IP-risks

IP FOCUS SCALE-UP (1)


Invention harvesting

• Inventions no longer “automatically” land on desk of person responsible for IP

• So: set up system for invention harvesting

Objective evaluation of “patent worthiness” of ideas

• Necessary when more ideas are generated and seen by IP responsible

• “Don’t run after every squirrel”

• Builds high quality portfolio

• Decide: patent and/or trade secret?



Educating (potential) inventors, creating IP-awareness

• Workshop on IP basics for new employee

• Make sure new employees are familiar with invention harvesting system

• Educate on secrecy/trade secrets as well

Also teach your (potential) inventors:

• Not to kill creativity by searching

• “for every good idea there will be 10 bad ideas”

• “a negative search result is the start of an invention”



Trade secret protection:

• Engrain it in your company’s system• Employment contracts

• IT: manage access rights to certain information

Freedom to operate/IP-risks:

• Large studies are not the only way to reduce IP-risks

• “don’t run after every squirrel”

Portfolio management:

• “kill your darlings”

2: ESTABLISHED COMPANY: BCT


Bekaert Combustion Technology – Assen [NL]

• Technical field: gas burners and heat exchangers for e.g. building heater systems, hot water systems

• Part of large, international company Bekaert (founded 1880)

• Gradual movement to green tech:

• Clean and efficient combustion of natural gas

• Switch to green tech:

• Combustion of hydrogen

IP FOCUS FOR ESTABLISHED COMPANY


What do you think an established company should focus on?

1. As much patents as possible -> raise hand

2. Searches & watches -> don’t raise hand

WHY DO ESTABLISHED COMPANIES NEED PATENTS?


Market share!

• Protection of product

• Freedom to pursue lines of development

• (Block competitors)

Staying out of trouble

• Material for cross licensing, e.g. in case of IP-conflict

If it fits company strategy: royalties from licensing

IP CHALLENGES ESTABLISHED COMPANY


Changing competitive landscape

• Who of our known competitors will also choose to move to green tech?

• If they do, will they adopt/pursue the same technology?

• New competitors?

The battle for market share starts anew!

• Changing behaviour of known competitors

• Be prepared that your patents/patent applications may be challenged more often than before

IP FOCUS ESTABLISHED COMPANY (1)


Watches!

• Keep an eye on what your competitors are doing

• Who is moving to green tech as well?

• Which technologies/solutions do they file patent applications for?

• Are they thinking in the same direction as you?

• Be alert for new, emerging competitors

• Watch the entire technical field,not just the known competitors

Update your search algorithms!

IP FOCUS ESTABLISHED COMPANY (2)


Changing behaviour of known competitors

• May become more aggressive in order to maintain/enlarge market share

• Prepare for your patents/patent applications to be challenged more often

• Oppositions

• Third party observations

• Or: competitors may seek more cooperation than before

• With you?

• Or do other groups form?

Quality of patents/patent applications:

• more important than ever

CONCLUSIONS


Green tech scale-up:

• Focus on internal organisation first

• Focus your efforts: don’t run after every squirrel

Established company switching to green tech:

• Focus on outside world

• Quality more important than quantity

• Prepare for increased competition


Any questions?

IP STRATEGY FOR GREEN TECH

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