Inside Intellectual Property Excerpts

Inside Intellectual Property
Karthikeyan Iyer
Founder Director, Co-crafter
crafting innovation together

Crafitti Consulting Pvt. Ltd.
An Innovation Research and
Consulting Think Tank

Confidential

Contents

Confidential © Crafitti Consulting Private Ltd. 9/22/2009 2

9 arms of Crafitti’s
Innovation Landscape

Today we
are going to Value
Strategy
touch upon
Decisions
Ideas

Productivity
And their
intersections Inventions

Networks

Learning Complexity


IPR lies at an important intersection

Intellectual
Property
Rights
Technology

Business Law


The world is changing rapidly and so are the
world’s businesses!
Information gets Old economy New economy Information travels fast
collected locally,
(Weight) (Speed) and wide
access is restricted

First mover’s
advantage is a small
window
Growth and
expansion is slower
You can lose your

intellectual advantage
First mover’s very quickly!
advantage lasts longer


IPR reflects both current and future potential

Current performance
(Capital, assets and
earnings including Future Potential
those from IPR) (Intellectual Capital as a

% of market cap)


Intellectual Property value chain

Copyright

Idea Expression Intellectual Trademark
Property
Trade secret

Patent

Protect Exploit


What are the rights embodied in Copyright?

General Rights Moral Rights
Publication Paternity
Paternity Integrity
Integrity Attribution
Translation Privacy
Reproduction
Public recitation
Adaptation
Broadcast

Inalienable rights in
original works


Patents can
completely
block a
competitor
entering a
market!


Patents

Patents


Software and Business Method patent stats

2500 500000
450000
2000 400000
350000
1500 All utility patents (Right Axis) 300000
250000
1000 200000
150000
Computer Implemented

500 100000
Business Methods (Left Axis)
50000
0 0
19 4
19 5
19 6
19 7
19 8
19 9
19 0
19 1
19 2
19 3
19 4
19 5
19 6
19 7
19 8
20 9
20 0
20 1
20 2
20 3
20 4
20 5
20 6
07
8
8
8
8
8
8
9
9
9
9
9
9
9
9
9
9
0
0
0
0
0
0
0
19

Patent Applications in the US – noticed the spikes?


Not everybody is filing patents left, right and centre!


IP Strategy


IP Strategy attempts to provide answers to some
of these questions
Small and Medium
Large Enterprise Startup
Enterprise
• A competitor is suing me • A competitor is blocking • How do I prevent
for large scale my expansion in the somebody else from
infringement? What market. How should I stealing or blocking my
should I do? circumvent? idea?

• I have an existing portfolio • How should I compete • How do I lock and exploit
of ideas and IP assets, how against the larger players? my first mover’s
should I leverage it in the advantage?
market place?

• How do I get the best
acquisition proposal? • How do I get more
• Who should I acquire or lucrative funding
merge with? • How do I leverage my proposals?
assets to strengthen my
• Someone is trying to make brand? • How do I compete with
a quick buck with my much larger competition
brand name. What should I with deep pockets?
do?


Elements of IP Strategy


Linking IPR with Organizational Strategy


Opportunity Window


Preemptive-Reactive Strategy


Proactive Defense


Patent Portfolio Management

Block Others from entering your space

Crowd around a competitor patent to render it useless


You don’t have to do it alone . . .!


Crafitti’s Value Measures for Individual Patents
and Patent Portfolios
Comprehensi
veness

Diversity Criticality

Inventiveness Dependency
Crafitti’s
Value

Measures

Uniqueness/ Leveragabilit
Novelty y

Utility/ Brand
adoption perception


Crafitti’s value measures for knowledge that
doesn’t qualify for patent protection

Velocity

Circulation Novelty

Knowledge

Value

Influence Relevance


IP Strategy - Decisions

• Should I patent, publish or hide (trade secret)?
– Is my invention easy to copy or reverse
engineer?
– Do I need more time to create a tangible
first mover’s business advantage?
– Does patent pending status get me more
money (funding or deal pipeline)?
– Does publishing preempt a competitor’s

product strategy?

• When in my product life cycle should I use
patents, trademarks, copyrights and trade
secrets?

• Which company should I acquire?

IP Opportunities

In 1982, physical assets constituted
62% of US manufacturing
companies’ market value; today,
less than 30%

Total revenues from the licensing of
patents exceed $ 110 billion (1990:
$15b)

IBM’s annual patent licensing royalties
exceed $ 1 billion (1990: only $ 30
m)

Texas Instruments earned $4 billion in
patent royalties since 1980

Based on Rivette & Kline, 2000


IP Cell

Defense

Idea Invention Patent Differentiation

Commercialization

Growth


Crafitti helps craft
innovation in multiple
contexts.

Karthikeyan Iyer
Co-crafter, Founder Director

Crafitti Consulting Pvt. Ltd.
karthikeyan.iyer@crafitti.com


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