Week 9-Dani Flashcards

1
Q

Conley et al. (2013) article summary:

A
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2
Q

Rivette and Kline (2003) article summary:

A
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3
Q

What are five main ways to protect intellectual property?

A
  • Trademarks
  • Copyright
  • Patents (utility and design)
  • Trade secrets
  • Industrial design
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4
Q

What is IP (intellectual property)?

A

Creations of the mind, e.g.:
- Inventions
- Literary and artistic works
- Designs
- Symbols, names, and images used in commerce

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5
Q

What is a patent?

A

An exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem

Protection for 20 years

Regional – no patent is worldwide

Patents can be searched publically (GPSN (global patent search network), Google Patents, Justia.com)

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6
Q

What can you patent, and what can you not?

A

CAN:
Process or method
Machine or apparatus
Article of manufacture
Composition of matter
Chemical composition
Physical mixture
Improvements of any of the above

CAN’T:
Processes performed solely by the mind (ex. Meditation)
Laws of nature
Natural phenomena (ex. Tech trying to manage rainfall)
Abstract ideas

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7
Q

What are the benefits and risks of patenting?

A

BENEFITS:
- your product/process/innovation is protected
- you have the right to license it for profit

RISKS
- you have to disclose everything, so in markets where your patent doesn’t apply, your information can freely be used
- has an expiry date
- expensive, especially when technology can be disrupted/made obsolete

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8
Q

What are the differences between design and utility patents?

A

Utility patents are more for the functionality/process/composition of a product/innovation, whereas design patents protects the “ornamental design” of a functional item

Design patents:
- are simpler and cheaper to make (essentially a professional drawing of the general product)
- not subject to maintenance fees
- receive approval easier (95% of the time to utility’s 50%)
- have a shorter application process (1yr vs 3+yrs)
- are only protected for 15 years from the date of filing (vs. utility’s 20)

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9
Q

What is a trademark?

A

A trademark is a source indicator; used to distinguish one’s goods or services from those of others

Protects a word, name, phrase, design, sound, fragrance, 3-D features, or any such combination that is used to identify the source of goods and/or services (McDonalds example: word, logo, “I’m lovin’ it”, sound bite)

If registered (R), lasts 15 years
If unregistered, need to prove ownership through use of the trademark in commerce/business

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10
Q

How can you lose trademark rights?

A

If:
- the mark is abandoned
- there is improper use of another’s mark
- the mark becomes genericized (synonymous with the product category, like Kleenex, or becomes a noun or a verb, similar to “I googled it”)

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11
Q

What is a copyright?

A

Protects original works of authorship fixed in any tangible medium of expression
Protects the expression of an idea, not the idea itself

Examples:
Creative works
Literary works
Musical works, including any accompanying words
Dramatic works, including any accompanying music
Pantomimes and choreographic works
Pictorial, graphic, and sculptural works
Motion pictures and other audiovisual works
Sound recordings
All academic research (Google Scholar)

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12
Q

What is the difference between a copyright and a trademark?

A

Copyright:
Protects original works of authorship such as books, articles, songs, photographs, and other works

Trademark:
Protects any word, phrase, symbol, and/or design that identifies and distinguished the source of the goods of one party from tose of others

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13
Q

What are the 8 data-related categories for copyright?

A
  • Data (unprocessed raw information)
  • Database (organized data)
  • Data correlation (observations/statistical insights)
  • Theoretical framework (generalized theories for technical phenomena)
  • Technological solution (core underlying ideas of new technology)
  • Visualization & simulation (static or dynamic visual representation)
  • Instruction (directions to execute a procedure)
  • Software (computer-implemented/organized collection of data and automated operations, performing specified tasks)
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14
Q

What are trade secrets?

A

Any confidential business information which is not generally known and provides an enterprise a competitive edge
the “secret sauce”

i.e. something you may be able to patent, but keep secret instead

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15
Q

Which four trade secret types are more common in tech?

A

Computer algorithms, source code, simulations or visualizations, drawing and blueprints

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16
Q

IP example: What is in Google’s portfolio of IP protection?

A
  • Registered trademarks on logo and script design
  • Copyright on software code
  • Owns patents on products with device and software interaction
  • Maintains trade secrets on certain important algorithms (but also shares some code in opensource communities)
17
Q

What is value translation?

A

Use IPRs (IP rights) to push harder into EXISTING markets, channels, and customer bases
Reinforce the brand through continuous line extensions

18
Q

What is value transference?

A

Involves:
developing the OPTIMAL COMBINATION of intellectual property rights for a specific innovation
shifting technical/performance-based benefits (protected by patent and copyright) to trademarks (the brand)

IPRs support the USP because they protect against copycats

19
Q

What is value transportation?

A

Use IPRs to help enter NEW markets

20
Q

What are the three questions to ask when considering IP protection?

A
  • Is there a proprietary advantage for marketing?
  • What will it do to our competitiveness?
  • How could it impact our financial performance?
21
Q

Things to consider about IP protection regarding wider strategy:

A

Will IP protection allow us to…

  • Acquire venture capital or other investment resources?
    Improve our negotiating position?
  • Use it as collateral?
  • Use it as an asset in a future IPO or other type of exit event (such as merger or acquisition)?
  • Improve the quality of our liquidity position?
22
Q

Things to consider about IP protection regarding tech leadership:

A

Does IP protection…

  • Enhance our product/quality image?
  • Underscore our innovation culture?
  • Demonstrate our technology leadership?
  • Establish technology ownership?
23
Q

What are the three marketing reasons to use patents?

A
  1. Established a propriety market advantage
  2. Improves financial performance
  3. Enhances competitiveness
24
Q

What is an example of when patents were valuable to a company?

A

Motorola Mobility: bought by Google, including 17,000 of their patents, but kept the patents it wanted and sold the rest to Lenovo for even more money. AND, Lenovo pays for the rights to license from Google

25
Q

What are the “for” and “against” reasoning for why you should or shouldn’t get a patent?

A

FOR (why you should):
- strong effect on market value of many firms
- some investors require patents
- sends a positive signal
- helpful in a crowded space where you might be infringing on other firms (or vice versa)

AGAINST (why you should avoid):
- Strong business execution is a more effective way to beat competitors
- Customer relationships are strong (high switching costs)
- Other areas to invest in
- Can slow you down in markets with high clock-speed

26
Q

How do patents help establish a proprietary market advantage? What is an example?

A

Boosts R&D and brand effectiveness
Focuses the firm on:
- Developing protectable assets
- Identifying opportunities to cluster patents and bracket competitors
- Exploiting protected assets
Helps the firm anticipate market and technology shifts
- Improves inventing process
Protects core technologies and business methods (e.g. Dell)

EXAMPLE: i4i and Microsoft patent battle regarding Microsoft Word
Patent application entitled, “Method and system for manipulating the architecture and the content of a document separately from each other”, was filed in 1994
US patent issued 1998
When Microsoft implemented this feature in its Word software, i4i sued for infringement
Implications? Microsoft couldn’t sell Word
Microsoft challenged the validity of the patent
After a 4-year battle, the validity of the i4i patent was upheld, and damages of $290M were awarded to i4i from Microsoft in 2011

27
Q

How do patents help improve financial performance?

A

Patents can be ‘mined’ for:
- Additional protection
- Monetization, i.e. revenue opportunities
- Cost-cutting (e.g. taxes)
Licensing provides ‘free’ recurring revenue that is direct to the bottom line
IP contributes to the ‘brand”

28
Q

How do patents help enhance competitiveness? What are some examples?

A

Reduces competitive and legal risk
Patents can trigger insights on alternative uses and marketing opportunities
- New revenue streams that may be even more attractive
Can help you ‘outflank’ competitors

Botox:
Underarm sweating
Depression
Overactive bladder
Now used for cosmetic procedures

Viagra:
High blood pressure
Chest pain
Now used for other things