1. WIPO TRAINING OF TRAINERS PROGRAM ON EFFECTIVE INTELLECTUAL PROPERTY ASSET MANAGEMENT BY SMALL AND MEDIUM-SIZED ENTERPRISES (SMEs) organized by the World Intellectual Property Organization (WIPO) and the Turkish Patent Institute Istanbul, September 13 to 15, 2011
Shaping Business Strategy through Competitive Intelligence – Strategic Use of Intellectual Property Information
presented by Vladimir Yossifov,
Consultant, IP Services
© Vladimir Yossifov, 2011

2. Introduction
Knowledge + Brainpower + information = competitive advantage
Innovation and creativity lead to competitive advantage  
Information revolution in private and professional life - information a marketable product
Technology & inventions, knowledge & information are parts of innovation process
The World Wide Web; a tool for access to information and dissemination
© Vladimir Yossifov, 2011

3. Growing Role of Intellectual Property Rights (IPR)
IPR = Information incorporated in tangible objects, reproduced in different locations
IPR = Economic Asset  control over technology, new products & processes  secure the way to “competitive advantage”
A sound patent system provides a legal environment conductive to encouragement of innovation and technology transfer
© Vladimir Yossifov, 2011

4. Growing Role of Intellectual Property Rights (IPR)
Worldwide patent applications - each year over two million, result in some 800,000 granted patents
Patent documents published each year over two million, total published over 60 million
© Vladimir Yossifov, 2011

5. Insufficient Use of Information Contained in Patent Documents
Surveys show that less than 7% of enterprises use patent literature as an innovative instrument
Less than 20% of companies with more than 100 staff use patent literature for business and R&D intelligence
Only 2-3% of SMEs (enterprises with less than 100 staff) use patent literature for business and R&D intelligence
55% of patent applications originate from enterprises with 500 & more employees
© Vladimir Yossifov, 2011

6. Insufficient Use of Information Contained in Patent Documents
In EC countries, billions per are lost every year for duplicate R&D work – some researchers speak of 30% of European R&D being duplicative work.,
UK Patent Office refers to 20 billion Pounds wasted to develop things already developed and documented.
© Vladimir Yossifov, 2011

7. Insufficient Use of Information Contained in Patent Documents
Users of patent information are not informed about patent literature
Small improvements are also disclosed in patent documents.
Patent documents disclose most recent information which is not divulged in other form of literature
Without information about the state-of-the-art, there is a high risk of developing a product a second time
Industrial property offices should make publicity for their existing services
© Vladimir Yossifov, 2011

8. Importance of Industrial Property Rights for SMEs, R&D and Business Development
Enterprises, in particular SMEs, universities or R&D organizations should manage their intellectual property assets (inventions and patents for inventions, industrial designs, trademarks, know- how, trade secrets, geographical indications and appellations of origin, software, copyright, etc.)
identify intellectual property developed, acquired and used by its employees;
to decide on ownership in intellectual property developed, acquired and used;
© Vladimir Yossifov, 2011

9. Importance of Industrial Property Rights for SMEs, R&D and Business Development
The IP system was set-up to encourage and reward creative and entrepreneurial individuals
In the modern era, many of these creative and entrepreneurial individuals create SMEs to promote their inventive ideas to the market place.
Are SMEs inventive and innovative entities?
Are they more inventive then LARGE companies?
Why?
© Vladimir Yossifov, 2011

10. Inventors, Inventions, Information and the Real World
Many SMEs created on the basis of innovative ideas and products
Successful inventions respond to real needs
Cooperation between: creators of invention & technology, explorers & market creators, invention & technology users
Crucial point in the innovation process: production, marketing & commercialization stage
© Vladimir Yossifov, 2011

11. Inventors, Inventions, Information and the Real World
Patents documents: description of scientific, technical concepts & practical details of processes & apparatus
Inventions have an economic value when used in industry
Incentive for the creation of new technology & inventions (exclusive rights to inventors)
NOTE: Patents are business tools, however granted on technical criteria, not on commercial merits!
© Vladimir Yossifov, 2011

12. Information Aspects of the Industrial Property System
Functions: Protection & Information
Importance of information sharing: Publication is the basis for new technological development by other inventors
Unique source of technological and business information
Growing number of IP offices using the Internet to publish patent documents
© Vladimir Yossifov, 2011

13. Information Aspects of the Industrial Property System
The IP System:
Incentive to create new technology = new products, inventions and commercial opportunities
Legal framework to encourage investment
Instrument for commercial & industrial planning & strategic decision-making
Publication of information
 new R&D projects
 a catalyst for commercialization of inventions
© Vladimir Yossifov, 2011

14. Information Aspects of the Industrial Property System
Matches technology, suppliers & recipients
Stimulates invention & innovation through the pool of technological information in patent documents
State-of-the-art searches: to prevent duplication in research work, to identify newly developing areas of technology for future R&D activity and product development
© Vladimir Yossifov, 2011

15. Industrial Property Information as a Source of Business Intelligence
Indicator of countries or companies’ activities in various fields
IPR analysis: a means of forecasting future industrial developments in different countries and company strategies
Monitoring technology trends and competitors' R&D activities
Early indicator for business and market expansion
Early indication of future trends in a company’s activities
Technological information in patent documents is not secret, freely used to support business and R&D activities
If a given invention is not protected by a patent in the country of the user, it can be used industrially and commercially in that country, without need of the consent of the owner.
Patent only requested if there is an economic interest
© Vladimir Yossifov, 2011

16. Advantages of Patent Documents as a Source of Business Intelligence
Patent documents cover most of what is new and most of what is worthwhile knowing about technology development.
Patent documents have a fairly uniform structure:
the claims give the essence of what is new;
the description -
gives the background to the invention; and
defines the difference between the pre-existent technology and what the invention contributes to technology development.
© Vladimir Yossifov, 2011

17. Advantages of Patent Documents as a Source of Business Intelligence
Many patent documents contain an abstract and drawings.
Patent documents generally contain information which is not divulged in any other form of literature.
70% of the technology disclosed in U.S. patent documents from in the 70’s had not been disclosed in non-patent literature.
© Vladimir Yossifov, 2011

18. Advantages of Patent Documents as a Business Intelligence Source
Patent documents bear “classification symbols” which facilitate searching and retrieving information
The International Patent Classification (IPC) has been established by an intergovernmental agreement, and is now applied by over 130 Patent Offices worldwide.
Patent documents belonging to a given classification subdivision contain a highly concentrated technically advanced information on a given technological field.
© Vladimir Yossifov, 2011

19. Advantages of Patent Documents as a Source of Business Intelligence
User Groups:
Industry: especially R&D intensive
R&D Institutions
Small & medium-size enterprises
Individual inventors
Professionals in Industrial Property
Educational institutions & university students
Government authorities
© Vladimir Yossifov, 2011

20. Advantages of Patent Documents as a Source of Business Intelligence
Information contained in patent documents is useful to:
identify new ideas & technical solutions, products & processes
identify the state-of-the-art in a specific technological field
avoid duplication of R&D work
improve an existing product or process
develop new technical solutions, products & processes
identify existing or prospective IPR’s
assess novelty & patentability
monitor activities of competitors
identify a market niche
reverse Engineering
assess & evaluate specific technology & identify licensors
identify alternative technology & its sources
locate sources of know-how in a specific field of technology
© Vladimir Yossifov, 2011

21. Characteristic of Patent Documents & their Contents
Description, Claims, Drawings
Abstracts
Classification
Date
Inventor, Applicant, Owner
© Vladimir Yossifov, 2011

22. Characteristic of Patent Documents & their Contents
Patent documents bear a date.
Patent documents indicate the name and address of the applicant, the patentee (the owner), the inventor, and the agent or representative, or at least one or two of those persons.
Patent documents often give detailed information on the possibility of the practical application of an invention.
© Vladimir Yossifov, 2011

23. Various Types of Searches Using Patent Documentation
Pre-Application Searches (PAS)
State-of-the-Art Searches
Especially useful in relation to technology development or technology transfer
Novelty Searches
To discover relevant prior art, disclosed in patent documents or any scientific publications
Patentability or Validity Searches
Novelty and patentability searches - mainly carried out by industrial property offices in support of patent examination procedures.
© Vladimir Yossifov, 2011

24. Various Types of Searches Using Patent Documentation
Name Searches
To locate information about published patent documents involving specific companies or individuals (applicants, assignees, patentees or inventors)
Technological Activity Searches
To identify companies and/or inventors active in a specific field of technology.
Infringement Searches
To locate patents and published patent applications which might be infringed by a given industrial or commercial activity.
© Vladimir Yossifov, 2011

25. Various Types of Searches Using Patent Documentation
Patent Family Searches
to find the countries in which a patent applications (for the same invention) have been filed;
to find a “patent family member” that is written in a desired language;
to obtain a list of prior art documents or “references cited”;
to estimate the importance of the invention.
Legal Status Searches
To obtain information on the validity (status) of a patent or a published patent application, on a given date, under the applicable patent legislation in one or more countries.
© Vladimir Yossifov, 2011

26. Importance of Industrial Property Rights for R&D and Business Development
use technological, legal and commercial information contained in patent documents in the decision-making process (before starting R&D projects or the development of new products, marketing of such products, launching a new company, etc.)
© Vladimir Yossifov, 2011

27. Industrial Property Strategies of Innovative and R&D based SMEs
- provide information for important management decisions (e.g. new research or product development projects) - identify and protect new products and research results through IPRs - establish basis for R&D cooperation and transfer of research results to larger companies (licensing, franchising) - generate income for future product development and R&D
© Vladimir Yossifov, 2011

28. Industrial Property Strategies of Innovative and R&D based SMEs
Any new product development project should start with assessment of the state-of-the-art, as disclosed in the patent literature, to:
minimize the risk of using valuable R&D resources on reinventing an existing product
identify leading companies or individuals involved in the development of similar projects
stimulate new ideas.
Periodic project development review should always include review of IPR related issues
© Vladimir Yossifov, 2011

29. Industrial Property Strategies of Innovative and R&D based SMEs
Periodic project development review should always include review of IPR related issues :
patentability of research results (prior to publishing or disclosing information to 3rd parties)
filing national patent applications (home country)
Select between patent and utility model protection (where applicable)
decision concerning IPR protection abroad
packaging commercial proposals for transfer of technology or research results
monitoring competitors’ activities
© Vladimir Yossifov, 2011

30. Thank you for your attention
Vladimir Yossifov
Consultant, IP Services
Geneva, Switzerland