Posts Tagged ‘intellectual property’

The Hidden Value of an IP Portfolio – Just ask Dell

Monday, April 8th, 2013

Value creation is the performance of actions that increase the worth of goods, services and businesses. It benefits customers, who receive improved products and services, as well as shareholders of the company who wish to see their stake appreciate over time.

 

How does a company create and maintain value?

Through innovation processes that build a portfolio of patented intellectual property.

 

A company’s value is not only measured by its annual revenue, but also by the worth of its IP portfolio. Intellectual property includes inventions, designs, brands or any other nonphysical assets that add value to a company. Innovation leads to business success, and it is imperative that it is managed and protected. As Attorney Gary Winer has said, “intellectual property law puts a fence around your innovation to keep competitors at bay, so they can’t copy, use, import, or sell it, either accidentally or through reverse engineering.”

In the past few years, Dell has acquired an extensive IP portfolio as it shifted focus from hardware to the tech market. According to the U.S. Securities and Exchange Commission, Dell owns 3,449 patents and another 1,660 patent applications pending as of last year. Virginia-based firm M*CAM, which specializes in valuing corporate intellectual property, states that careful analysis of Dell’s IP portfolio has revealed hidden value in the company. Dell’s US patent portfolio includes fixtures for desktop, notebook and mobile devices, battery and power management technology-related patents, hard drives, storage systems, server technologies and wireless patents. Dell certainly understands the value of intellectual property.

While Dell may not be perceived as one of the top innovators in the tech world, it is apparent the business has created value through its substantial IP portfolio. Some of the biggest banks in the world are vying to buyout Dell as negotiations continue this week. Private equity firms Blackstone Group, Silver Lake Partners and billionaire investor Carl Icahn have submitted preliminary offers. If completed, the Dell deal could lead to a $24 billion dollar takeover, the largest leveraged buyout since 2007!

These investors realize that intellectual property can generate real money for a company, and that there is indeed intrinsic value in a company’s intellectual property. If the Dell buyout isn’t proof enough, a year ago Microsoft paid AOL $1 billion for some of its patents.

When thinking about your own approach to IP protection, remember that the wolves are always at the door. Marketing, prudent business measures, and IP (properly cared for and fed) will help your business grow and succeed.

Here are some questions to ask yourself to stay on track:

  • Who handles your organizations patent applications and the “care and feeding” of your IP portfolio?
  • When was your last patent, and what was it for?
  • Have you experienced any recent product counterfeiting or copycat issues and what was the outcome?
  • Does the leadership or Board have Innovation Governance to maximize IP portfolio ROI

 

Look for creative new way to buy and sell patents through IPXI, a new initiative that offers an IP exchange.

 

You can learn more about the above points, including how to protect your ideas, by reading  Robert’s Rules of Innovation. Robert Brands is the founder of InnovationCoach.com and the author of “Robert’s Rules of Innovation”: A 10-Step Program for Corporate Survival, with Martin Kleinman, published by Wiley.

New Intellectual Property Exchange Streamlines Patent Trading

Tuesday, July 10th, 2012

intellectual-propertyIn the research and development industry where innovations build on top of other innovations, obtaining patents to protect intellectual property is of the utmost importance. It is critical to ensure that patents being are utilized, especially within big corporations like IBM or organizations like the Unites States Navy. Not only do patents protect newly developed products or processes, they contribute to unrealized value creation, or assets that can be explored and sold.

The latest development besides one on one deals and patent auctions is IPXI, the newly formed IP exchange created after the successful Carbon IP Exchange model. IPXI, the Intellectual Property Exchange International Inc., is the world’s first financial exchange focused solely on intellectual property rights. Some major companies like Philips, Ford and Sony have already signed up as corporate founding members and will begin trading in the near future. Since its formation in December 2011, twenty-seven organizations have joined the IP exchange, representing innovative companies with substantial IP assets in various technology markets, three Department of Energy national laboratories, top university research institutions, and a community of leading IP law firms.

IPXI revolutionizes the way patents are licensed and traded by allowing companies to buy and sell patent rights as units. These “unit license rights” can be bought and sold like shares. For example, one unit license right grants an organization a one-time right to use that particular technology on a single product. If a car manufacturing company wishes to use that technology in 50,000 cars, they purchase 50,000 unit license rights at market price. Organizations can now bypass costly litigation and use the IP exchange to harness patents as assets, monetize it fairly, and use it to spur greater innovation.

“The Exchange creates a new approach to technology licensing that overcomes the inefficiency of traditional bilateral technology license negotiations.  For the first time, companies and other entities will be able to buy and sell units of technology usage, providing improved economics, enhanced access to technology, and greater flexibility should technology needs change,” says Gerard J. Pannekoek, President and CEO of IPXI.

The concept especially benefits smaller companies with modest budgets by creating a simpler, faster, and cheaper method to obtain IP rights. And that is good news for innovators indeed.

For more tips, see “Patently Obvious” and other Chapters in “Robert’s Rules of Innovation: A 10-Step Program for Corporate Survival.”

Managing the Uncertainty of Open Innovation

Tuesday, February 21st, 2012

open-innovationOne of the hottest topics in business management today is open innovation. The concept uses an open business model for companies to “co-innovate” with their partners, suppliers, and customers – in order to accelerate the rewards of innovation. For example, a small or midsized company develops a game-changing new idea and works with a larger company to bring the product to market.

Through the collaborative relationship of open innovation, companies are able to leverage new ideas and products, and conduct experiments at lower risk levels. However, open innovation does bring up some concerns, like who owns rights to the intellectual property (IP). Open innovation should be conducted in a manner that promotes mutual trust and respect. It can be a double-edged sword when the larger company insists on owning the IP in exchange for their investment. The open innovation relationship can be a tricky one to navigate.

Large corporations like Nestle, Kraft, Siemens, General Mills, and Clorox all participate in open innovation practices. Here is a case study of the open innovation process at Proctor & Gamble, one of the most respected consumer product companies in the world. P&G introduced their Connect + Develop program on their website at www.pgconnectdevelop.com. The site is a place where the general public can submit their innovations, read about successful business partnerships, and even scavenge current IP needs of the company.

“Historically, P&G relied on internal capabilities… We did not actively seek to connect with potential external partners. Times have changed, and the world is more connected. In the areas in which we do business, there are millions of scientists, engineers and other companies globally. Why not collaborate with them? We now embrace open innovation…” reads the P&G website. In just over two years, the program has received 7,500 submissions. P&G has established more than 1,000 active agreements with innovation partners, and claims more than 50% of their product initiatives involved collaboration from outside innovators.

In the Connect + Develop program, innovators must have their IP in place before they submit their idea. This protects the innovator while the IP adds value to the organization – the key is to build relationships and produce win-win deals. Through working together and developing effective ways to manage IP rights, open innovation can further advance innovative culture and produce favorable results for all parties involved.

Here are some tips for nurturing open innovation in your business.

  • It takes leverage, courage, and toughness to create a balanced open innovation relationship. In a balanced relationship, the IP or technology of the inventors or small business should remain theirs.
  • Develop both reactive and proactive ways to address open innovation. On the reactive side, invite the world’s finest innovators seeking open innovation opportunities to develop your IP needs.
  • Proactively, tap into local universities, companies, and venture capital firms to meet inventors, set up networks, and make connections that are not readily apparent to most people.

For more tips, see “Robert’s Rules of Innovation : A 10-Step Program for Corporate Survival” by Robert Brands with Martin Kleinman.

The Wolves are at the Door: Why YOU Need to Hire an Intellectual Property Lawyer

Tuesday, August 30th, 2011

Innovation is the lifeblood of any organization, and value creation is measured by a company’s intellectual property portfolio. As a business leader, you are responsible for protecting your company’s IP portfolio through patents. What exactly is a patent? A patent is a legal document granted by the federal government that gives the patent owner the right to exclude others from making, using, selling, offering to sell, and importing the claimed invention. Essentially, it is the property right to the inventor. Virtually anything made by man can be patented, such as “a new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement,” according to Fleit Gibbons Gutman Bongini & Bianco PL.

Why patent, you ask? To make profit from your invention! In order to succeed in business, you must protect and manage your innovation. Remember – the wolves are always at the door, just waiting to pounce on your ideas. Patents are part of an offensive and defensive strategy. Intellectual property law keeps your competitors from copying, using, selling or importing your idea. Patents protect your trademark against counterfeiting and unauthorized use.

If your organization has a portfolio of intellectual property, it is necessary to hire an IP attorney that will protect, enforce and handle valuation of your intellectual assets. It is time and money well spent, as IP attorneys manage patents as well as a comprehensive list of intellectual property concerns including trademarks, copyrights, trade secrets, unfair competition, false advertising, computer law, technology licensing and related litigation.

To choose the right IP firm for your organization, look for an attorney who has experience in your product or service arena. Find out if they have a degree in engineering or expertise working in your industry. Does the law firm specialize in any particular business segment, such as entertainment, machinery or financial products? Do they work with small, midsized or large companies? These are all questions you should address when selecting the best fit IP firm.

Tips:

-Make sure you patent and protect surrounding inventions to eliminate alternatives to copy what you try to do or deliver. When you develop a technology you normally will come across additional options and surrounding IP, protect these as a defensive strategy

-Make sure you stay current with the changing Patent laws, including the possible upcoming change to “first to file” vs invent and having a year to file.

-According to Futurist David Houle we are entering the “IP age”. Make sure you are part of it

-Make IP as much a corporate governance issue at the Board level as any other strategic elements that is covered and watched over

-Make sure you cash in on your IP Portfolio

 

Here are some resources for information on patents:

-          U.S. Patent and Trademark Office www.uspto.gov

-          Patents.com www.Patents.com

-          Google Patents www.google.com/patents

-          Patently Obvious: Chapter 6 in “Robert’s Rules of Innovation”

Remember, in high-stakes industries, your competitors are always looking for a way to get a leg-up. With increasingly advanced technology, it is easier than ever to unravel ideas and inventions through reverse engineering. The only way to truly protect your intellectual property is by patenting your IP portfolio. As they say, “the name of the game is the claim.” Without patenting, you will not share in the profits of your competitors. Be sure to educate your employees on the importance of protecting your company’s IP rights and create value for all the stakeholders.

Cashing In On Intellectual Property

Wednesday, September 22nd, 2010

Maximizing Innovation by Translating Intellectual Property into Revenue

What’s in your IP cupboard?

Progressive companies create innovation teams. They invest countless man-hours, dollars and other resources in investigating and pursuing innovation. Yet they often leave their intellectual property untouched, thereby failing to translate patents and other IP into revenue opportunities.

American industry and academia hold some two million current patents granted by the U.S. Patent and Trademark Office. Yet, the vast majority remain idle. In a tight economy – and even in the best of times, failure to exploit existing patents for profit means more than money’s being left on the table. New opportunities – and the possibilities they spawn in kind – are lost.
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Redefining Innovation’s True Reward: Amassing Intellectual Property and Value Creation

Friday, July 23rd, 2010

What is the ultimate goal of process-driven innovation? Open a bottle of Coca-Cola – and read its performance reports – to get a true taste of the answer.

In 1980, the Coca-Cola Company was struggling, and its market share was underperforming compared to its competitors. So at a worldwide management conference in 1981, CEO Roberto Críspulo Goizueta decided to refocus the entire organization on putting value creation first.
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