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Strategic Use of Intellectual Property for Business Success

Explore the importance of patent information in shaping business strategy and competitiveness. Learn how to conduct patent searches and leverage patent documents for market intelligence. Practical examples and search sites provided.

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Strategic Use of Intellectual Property for Business Success

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  1. Shaping Business Strategy Through Competitive Intelligence - Strategic Use of Intellectual Property Information – Topic 12 - Training of the Trainers Program on Effective Intellectual Property Asset Management by Small and Medium Sized Enterprises (SMEs) Organised by the World Intellectual Property Organisation (WIPO) and the African Regional Intellectual Property Organization (ARIPO) Harare, Zimbabwe, 27th November 2014

  2. Presentation Outline • Introduction • Patent Information • Searches • Concluding Remarks

  3. IntroductionOverview of Patent System • Patents grant right to: • exclude others (without permission) to manufacture, exercise, dispose, import, use the patented invention • rights owner to grant permission to others (licence) • transfer to others (assignment) • Rights are limited • 20 year period • subject to maintenance • Patent in each country where want patent protection • Subject to rights of third parties (example of chair)

  4. IntroductionOverview of Patent System • Importance of disclosure requirement • Scope of protection must be clear in claims • Sufficient disclosure of invention • Teach the invention • Enable others to build on

  5. Patent InformationPatent System: Basis for Competitiveness • Patent document more than just a document • Source of state of art before embarking on R&D • Potential commercialisation partners • Suppliers • Competitor developments • Patents validity and scope • Search reports

  6. Patent InformationPatent System - The Patent Document • A source of most up to date technology • State of art before filing a patent application • Avoid duplication in the innovation process • Jump-start own innovation process and ride on back of others developments • Source of market intelligence • citation analysis • assignee analysis • filing rates • inventors and hence resources to be acquired

  7. Patent InformationThe Patent Document • Patent document more than just a document • Source of state of art before embarking on R&D • Suppliers • Potential commercialisation partners • Developments by competitors • Validity and scope of patents • Search reports

  8. Patent SearchPractical Examples • Which patents are owned by particular assignee / cite a particular inventor? • Find cosmetic related patents that cite the name Dampeirouas inventor https://www.google.com/?tbm=pts&gws_rd=ssl • Which patents exist in a given field of technology? • Imagine your farm machinery company is interested in acquiring a company named Trima AB. You are obliged to do a due diligence search to see if this company has any valid patents in Australia. Go to the Australian patent search site http://www.ipaustralia.gov.au/auspat/ , perform your search and give a brief summary of what you find

  9. Patent SearchPractical Examples • What is the patent family? • i.e. countries has a patent application been filed claiming priority from a particular first application and where have patents been granted? • Using patent classification • http://www.wipo.int/classifications/ipc/en/

  10. Patent SearchAdditional Examples … “passion fruit beverage”

  11. Patent SearchAdditional Examples … “passion fruit beverage”

  12. Patent SearchAdditional Examples … “passion fruit beverage”

  13. Patent SearchAdditional Examples … “passion fruit beverage”

  14. Patent SearchAdditional Examples … “passion fruit beverage”

  15. Patent SearchAdditional Examples … “passion fruit beverage” - novelty

  16. Patent SearchAdditional Examples … “passion fruit beverage” - novelty

  17. Patent SearchAdditional Examples … “passion fruit beverage” - novelty

  18. Patent SearchAdditional Examples … “passion fruit beverage” - novelty

  19. Patent SearchPatent Search Sites • WIPO - Patentscope • http://patentscope.wipo.int/search/en/search.jsf • USPTO • http://www.uspto.gov • Espacenet • http://worldwide.espacenet.com/ • Patentlens • http://www.patentlens.net

  20. Patent Searches Practical Exercise • Do a patent search for the following PCT publication: • Inventor - Britton David Thomas • Subject matter of invention - Transistor Which claims are patentable on basis of novelty and obviousness What advise will you recommend to client What other useful information can you provide?

  21. THANK YOU mclean@ideanav.co.za

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