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Strategic Use of Intellectual Property for Business Growth and Financing. “the strategic role IP can play in acquiring finance for SMEs”. Ian P. Hartwell PhD EPA CEng Honorary Research Fellow Engineering Intellectual Property Research Unit School of Engineering Cranfield University
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Strategic Use of Intellectual Propertyfor Business Growth and Financing “the strategic role IP can play in acquiring finance for SMEs” Ian P. Hartwell PhD EPA CEng Honorary Research Fellow Engineering Intellectual Property Research Unit School of Engineering Cranfield University United Kingdom © IP Hartwell 2010
Strategic Use of Intellectual Property forBusiness Growth What is “strategic” use of IP ? “Managers of IP-related innovative businesses may view their business as … focused on one self-sufficient business model which, if successful, results in exceptional profits, but otherwise is worth little or nothing” Report “Intellectual Property Enforcement in Smaller UK Firms” UK Strategic Advisory Board for Intellectual Property Policy, October 2010 © IP Hartwell 2010
Strategic Use of Intellectual Property forBusiness Growth What is “strategic” use of IP ? “Venture capitalists may therefore be readier to see that extraction of value from innovation is … … one which may have a variety of outcomes or solutions, some of which may be obvious, readily accessible and successful but others of which may not be so obvious, or accessible and may even be less profitable than initially hoped.” © IP Hartwell 2010
Strategic Use of Intellectual Property forBusiness Growth A spectrum of IP business models SUPPRESS IP MONOPOLISE IP LICENSE IP SELL IP Cross Licence Non-Exclusive Licence Securitize Manufacture Contract Manufacture Sole Licence Joint Venture Sale Exclusive Licence Mutually-Assured Destruction Pooling Donate © IP Hartwell 2010
Strategic Use of Intellectual Property forBusiness Growth More than one IP business model SUPPRESS IP MONOPOLISE IP LICENSE IP SELL IP Cross Licence Non-Exclusive Licence Securitize Manufacture Contract Manufacture Sole Licence Joint Venture Sale Exclusive Licence Mutually-Assured Destruction Pooling Donate © IP Hartwell 2010
Strategic Use of Intellectual Property forBusiness Growth IP business models can evolve SUPPRESS IP MONOPOLISE IP LICENSE IP SELL IP Cross Licence Non-Exclusive Licence Securitize Manufacture Contract Manufacture Sole Licence Joint Venture Sale Exclusive Licence Mutually-Assured Destruction Pooling Donate © IP Hartwell 2010
Strategic Use of Intellectual Property forBusiness Growth Most obvious not necessarily the most successful SUPPRESS IP MONOPOLISE IP LICENSE IP SELL IP Cross Licence Non-Exclusive Licence Securitize Manufacture Contract Manufacture Sole Licence Joint Venture Sale … and structure the IP portfolio accordingly Exclusive Licence Mutually-Assured Destruction Pooling Donate © IP Hartwell 2010
Strategic Use of Intellectual Property forBusiness Growth Illustration: Xaar plc Analysed by Credit Suisse First Boston in 1999: Report “Technology Licensing: Intellectual property rights and wrongs” Credit Suisse First Boston (Europe) Ltd, October 1999 “The company is both an IP licensing and a product sales company, active in the ink-jet printing device market. We believe there are significant growth opportunities for Xaar in the office equipment market and … the fragmented industrial printing sector” © IP Hartwell 2010
Strategic Use of Intellectual Property forBusiness Growth IP Business Model Xaar plc, 1999 SUPPRESS IP MONOPOLISE IP LICENSE IP SELL IP Cross Licence Non-Exclusive Licence Securitize Manufacture Contract Manufacture Sole Licence Joint Venture Sale Exclusive Licence Mutually-Assured Destruction Pooling Donate © IP Hartwell 2010
Strategic Use of Intellectual Property forBusiness Growth IP Business Model Cambridge Consultants, 1987 SUPPRESS IP MONOPOLISE IP LICENSE IP SELL IP Cross Licence Non-Exclusive Licence Securitize Manufacture Contract Manufacture Sole Licence Joint Venture Sale Exclusive Licence Mutually-Assured Destruction Pooling Donate © IP Hartwell 2010
Strategic Use of Intellectual Property forBusiness Growth IP Business Model Xaar Ltd, 1990 SUPPRESS IP MONOPOLISE IP LICENSE IP SELL IP Cross Licence Non-Exclusive Licence Securitize Manufacture Contract Manufacture Sole Licence Joint Venture Sale Exclusive Licence Mutually-Assured Destruction Pooling Donate © IP Hartwell 2010
Strategic Use of Intellectual Property forBusiness Growth IP Business Model Xaar plc (incl. XaarJet AB), 2000 SUPPRESS IP MONOPOLISE IP LICENSE IP SELL IP Cross Licence Non-Exclusive Licence Securitize Manufacture £6m Contract Manufacture Sole Licence Joint Venture Sale £15m Exclusive Licence Mutually-Assured Destruction Pooling Donate © IP Hartwell 2010
Strategic Use of Intellectual Property forBusiness Growth IP Business Model Xaar plc, 2007 SUPPRESS IP MONOPOLISE IP LICENSE IP SELL IP Cross Licence Non-Exclusive Licence Securitize £2m Manufacture Contract Manufacture Sole Licence Joint Venture Sale Exclusive Licence Mutually-Assured Destruction Pooling Donate £45m © IP Hartwell 2010
Strategic Use of Intellectual Property forBusiness Growth IP Business Model Xaar plc, 2009 SUPPRESS IP MONOPOLISE IP LICENSE IP SELL IP Cross Licence Non-Exclusive Licence Securitize Manufacture £5m Contract Manufacture Sole Licence Joint Venture Sale Exclusive Licence Mutually-Assured Destruction Pooling Donate £37m © IP Hartwell 2010
Strategic Use of Intellectual Propertyfor Business Growth and Financing • Understand the different ways in which IP can be used • Understand that multiple IP business models may be necessary (and that these may change) • Structure the IP portfolio accordingly Ian P. Hartwell PhD EPA CEng Honorary Research Fellow Engineering Intellectual Property Research Unit School of Engineering Cranfield University United Kingdom © IP Hartwell 2010