IP strategy is the use of intellectual property to inform, attain, and maximise organisational goals. This symposium will examine contemporary IP strategy both as a field of study and as a practical management tool.

1. IP Strategy:
What has changed?
What is changing?
Duncan Bucknell
Think IP Strategy
Trusted advisors to the world’s most innovative companies

2. 20 minutes = highlights only
Think IP Strategy #2
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3. Presentations today
• IP Strategy hierarchy
• Corporate – philosophy
• Business strategy
• Product strategy
• Product Strategy is highly context specific
• Different tools and approaches available dependent on
• Business Model
• Industry
• Technology
• Geographies
• Duncan – overview of the field of IP Strategy with some examples.
• Helen – product strategy from lifesciences perspective
Think IP Strategy #3
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4. Agenda
• What is IP Strategy?
• Why listen to me?
• Things we’ve noticed
• What next?
Think IP Strategy #4
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5. What is IP Strategy?
…the use of intellectual property to inform, attain, and maximise
organisational goals…
8 Elements – PRIMED IP
• Product
• Risk
• Insights
• Manage
• Enforce
• Develop IP
• Increase value
• Pursue Excellence
Think IP Strategy #5
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6. Agenda
• What is IP Strategy?
• Why listen to me?
• Things we’ve noticed
• What next?
Think IP Strategy #6
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7. thinkipstrategy.com
Think IP Strategy #7
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8. Agenda
• What is IP Strategy?
• Why listen to me?
• Things we’ve noticed
• What next?
Think IP Strategy #8
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9. The role of IP – then & now
Then **Now
Department Legal sub-department. C-suite overview. IAM, Legal (IP), R&D, Engineering,
Marketing, Finance, etc.
Viewpoint Sword & Shield Assets
Product Strategy We’ve filed a patent and a trade mark Sophisticated patent strategy and brand protection
strategy, integrated with trade secrets, regulatory,
licensing, marketing, etc
Reduce Risk FTO clearance (if sophisticated) Routine, detailed landscape reviews, proactive
approaches
Insights FTO clearance, examination results Detailed and coordinated competitive intelligence
gathering across departments
Managing IP Basic software tracking dates and reminders Integrated approach
Enforcement Notified of infringement, cease & desist and sue. Most appropriate strategic approach depending on
context – pre-planned.
Develop IP ID inventions, file patents. Holistic approach, integrated operation across
File TMs when marketing asks us to. departments.
Increase value License out if business model allows. Sophisticated, targeted IP Strategy based on this
particular context
Pursue Excellence Training for staff Scouring the earth for insights and areas of
improvement
Think IP Strategy **(IP Playbook) #9
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10. Changes at large clients
• Roles and responsibilities within large clients
• CIPOs
• New roles for ‘IAMs’ or ‘IP Evangelists’
• IP Group new reporting lines into the strategic area of business
• Senior Patent Attorney roles have become IP Strategists
• Well what do we do now?
• Pace of strategy has increased
• Faster to react to and more adept at shaping the landscape
• Legislation
• Regulatory
Think IP Strategy # 10
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11. Day to day the same issues preoccupy…
Source: IAM 54, Joff Wild, pp21-30
Think IP Strategy # 11
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12. Day to day the same issues preoccupy…
Think IP Strategy Source: IAM 54, Joff Wild, pp21-30 # 12
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13. 80% rule
The old 80% rule has been worked over a few times now
Think IP Strategy # 13
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14. The sport of kings…
• Large patent portfolios and game
theory…
– Size and FTO issues
– Compounded by complex interdependent
hardware
– Become large war chests and MAD principal
applies
– This is akin to WW1 trench warfare
– Cf laser-guided missile attacks possible with
well crafted coordinated strategy.
– As always it depends, but there are v few
companies that should be using WW1
tactics…
Think IP Strategy Source: IAM56, Stephen Robertson pp 85-90
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15. You may not want to be part of this…
Think IP Strategy # 15
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16. And what of BRIC?
• Everyone wants help with China
BR I C
• China has gone from ’keep away’ to sophisticated China specific
strategies being much more common
Think IP Strategy # 16
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17. BRIC: Importance vs resources
Source: IAM 54, Joff Wild, pp21-30
Think IP Strategy # 17
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18. More collaboration and in more ways
• Open models of collaboration
• Crowd sourcing business models
• Open Source, Creative Commons, etc
• FRAND – as a litigation defence
• Patent pools
• Citation pools (ArticleOne)
Please remember that ‘Open aint Open’ though.
Think IP Strategy # 18
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19. Some of the things we’ve noticed
• Anti-IP sentiment has grown
• Pirate Party
• 1 Jan 2006 – founded Sweden
• Now registered in over 40 countries
• “Brand IP” initiative…
Think IP Strategy # 19
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20. Some of the things we’ve noticed
• Overall lack of interest by broader public
Think IP Strategy # 20
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21. Increased intangible/IP investment
UK investment in IP and
intangible capital
Source: NESTA 2011
Think IP Strategy # 21
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22. Rise in worldwide patent filings
Source: WIPO Statistics Database 2011
Think IP Strategy # 22
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23. Patent offices
• Increase in workload (previous slide)
• Streamlined approaches – PPH etc
• Increase in collaboration between them
• Increase in sophistication
– More careful prosecution
– More timely prosecution
– **Narrower claims
(Helen to discuss)
Source: IAM 54, Joff Wild, pp21-30
Think IP Strategy # 23
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24. Rise in US patents and litigation
Source: PWC 2011 Patent Litigation Study
Think IP Strategy # 24
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25. Rise in NPE patent litigation in US
Source: RXPCorp.com
Think IP Strategy # 25
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26. Rise in NPE ITC actions
• Simultaneous explosions in number of ITC
actions brought by NPEs and the number of
respondents named in these actions.
Source: RPXCorp.com
Think IP Strategy # 26
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27. Rise of the Ugly sisters
• Apple $1Bn damages were on a Design
Patent
• Utililty models more often filed and
utilised – esp in China
Think IP Strategy # 27
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28. Business models
• More of them
• More sophisticated
Think IP Strategy # 28
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29. Source: http://ipstrategy.com/2012/07/25/new-patent-businesses-are-diverse-and-well-capitalized/
Think IP Strategy # 29
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30. Government involvement
• ‘National IP Strategies’
• Tax incentives
• Funding to file patents
• Etc etc
Think IP Strategy # 30
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31. Articles
Think IP Strategy # 31
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32. Think IP Strategy [insert event, then date] # 32
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33. IP Strategist as a profession…
• Enormous increase in the number of ‘IP Strategists’ – especially the
last 2 years
• 2009 IAM Magazine created the IAM250 (now IAM Strategy 300)
• INTIPSA
Think IP Strategy # 33
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34. Agenda
• What is IP Strategy?
• Why listen to me?
• Things we’ve noticed
• What next?
Think IP Strategy # 34
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35. What next?
Well it depends…
Alice: Would you tell me, please, which way I ought to go from here?
The Cat: That depends a good deal on where you want to get to
Alice: I don't much care where.
The Cat: Then it doesn't much matter which way you go.
Think IP Strategy # 35
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36. The most successful companies will excel at:
• deeply understanding business goals &
context
– things aren’t always as they seem…
• then in a integrated way,
building, executing & iterating their IP
Strategy
[Source: redbubble.com/people/mobii/works/7717350-rabbit-hand-shadow-card]
Think IP Strategy # 36
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37. The most successful companies will excel at:
• a more integrated approach to IP Strategy
– Across business units
– Across functions (IP, marketing, regulatory,
sales, R&D, etc, etc)
– Processes and approaches pre-built – like the
IP Playbook™ approach etc
• developing and using new business models
– (carefully) harnessing ‘open’ models
Think IP Strategy # 37
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38. The most successful companies will excel at:
• LASER-guided missiles rather than trench
warfare
• Collaborating and doing deals and only
litigating when the business model
dictates
• Building and utilizing strong networks
• Valuing their IP and utilizing and
managing accordingly
Think IP Strategy # 38
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39. thinkipstrategy.com @IPThinkTank
Resources
ipstrategy.com
Think IP Strategy linkedin.com/company/think-ip-strategy
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