Competitive Intelligence: Using Intellectual Property Information Guriqbal Singh
Competitive Intelligence: Using Intellectual Property Information Guriqbal Singh Jaiya Director, SMEs Division, WIPO [email protected] 2 SECTION TITLE Outline Concept of Competitive Intelligence (CI) Importance of CI CI Process and Tools CI and Intellectual Property IP Information as a Tool for Competitive Intelligence -
Patent Information Trademark Information Design Information Domain Names 3 Concept of Competitive Intelligence (CI) (1) What is Competitive Intelligence? Competitive Intelligence: A systematic and ethical program for gathering, analyzing, and managing external information that can affect your company's plans, decisions, and operations (SCIP) Competitive intelligence is the gathering and analysis of information from human and published sources about market trends and industry developments that allows for advanced identification of risks and opportunities in the competitive arena. (Ben Gilad, PhD ) Competitive Intelligence is a process which gives insights into what might happen in the near future
to support business decisions 4 Concept of Competitive Intelligence (CI) (2) Competitive Intelligence is NOT Competitor Intelligence Competitive Intelligence is NOT only for global companies, large companies BUT also for SMEs Competitive Intelligence uses open sources, public domain information NOT spying (breaking laws and use of illegal means to gather information) Intelligence NOT Information NOT Data Intelligence NOT out of time It has action-oriented implications for managers 5 Concept of Competitive Intelligence (CI) (3) Military intelligence practices Sun Tzu (Chinese military strategist - 500 BC) the Art of
War / Von Clausewitz, On War (Prussian General 1852) National Intelligence activity : national security as a policy issue after War II and link to linked to political science. More Business oriented around 1980 Industry and Competitor Analysis (Porter,) Now Competitive Intelligence for Strategic Decision Making. (SCIP) 6 Importance of Competitive Intelligence Knowledge economy, global competition, shorter product life cycle increase OPPORTUNITIES and RISKS for enterprises. CI is important because it allows to meet companys intelligence needs in one of these three functional categories: STRATEGIC DECISIONS AND ACTIONS, including the development of strategic plans and strategies. EARLY-WARNING SYSTEM, including competitor
initiatives, technological surprise, and governmental actions. DESCRIPTIONS OF KEY PLAYERS in the specific marketplace, including competitors, customers, suppliers, regulators, and potential partners 7 CI Process and Tools (1) Objective: Explain the Competitive Dynamics What are the industry drivers? Which of the five forces is/are the dominant in the market? AL C I EC O Bargaining
Power of Suppliers Competitors Competitors Competitors PO T LI Barriers to Entry N O M IC
Bargaining Power of Customers Competitors LO NO CH AL TE GIC Substitutes O AL I C R SO LTU CU
8 CI Process and Tools (2) 9 CI Process and Tools (3) Sources of information: Public domain information such as newspapers, journals radio, television internet, information databases company publications official publications by government authorities reports, statistics,... Intellectual Property documents 9
10 10 Competitive Intelligence and Intellectual Property (1) Uniqueness Low cost Industry DIFFERIENTIATION -wide Niche FOCUS LOW COST Understand strategies adopted by competitors in the market
Determine strategic response to remain competitive 11 11 Competitive Intelligence and Intellectual Property (2) Key uses of Intellectual Property Assets Transforms an intellectual asset into a business asset Exclude others/Entry Barrier: To protect price and market share by excluding others from a specific marketplace and as a guarantee of channels to market Risk Management/Freedom to Operate; Insurance against legal action by competitors Partnering: Strategic alliances, commercialization, licensing, or held as a blocking strategy Raising Finance/monetization 12
12 Competitive Intelligence and Intellectual Property (3) Analysis of Intellectual Property portfolios of competitors may reveal a great deal about the competitors strategies moves 13 13 Competitive Intelligence and Intellectual Property (4) Role of the Patent system Every 30 seconds a new patent document is added to the vast technical library of patent documents In 2007 around 1.85 million filled in the world 14 14
Competitive Intelligence and Intellectual Property (5) Role of the Patent system Duality of the IP information system: Protection and Disclosure of Information Protection function: - Inform the public about the scope of protection limited in time and to a particular territory Disclosure (Information) function: - Teach in sufficient detail anyone interested in creating/making the invention, without undue experimentation 15 15 Patent Information and Competitive Intelligence (1) 16 16 Patent Information and Competitive Intelligence (2)
17 Patent Information and Competitive Intelligence (3) Patent Information and General Life Cycle of a Product/Invention $ I. Starting Phase II. Growing Phase III. Maturing Phase IV.
Declining Phase I II III IV Time Patent Search earlier in Starting Phase Patent Core Technologies before entering Growing Phase Patent Improvements in Growing / Maturing Phases From Supple et al., Lifecycle Innovation and Patent Strategies, McMaster World Congress, January 2005 18
Patent Information and Competitive Intelligence (4) Questions solved by Competitive Intelligence and Patent information CI obtains information as to what is occurring in a particular technological area what are the subjects where research is being done what are the emerging research lines who/which are the players in a particular technical field which are the leading research teams what are the technological trends what are the patenting trends what are the technology portfolios of a company what are the technical strategies of a company 18 19 19 Patent Information and Competitive Intelligence (5) Statistical Analysis of Patent Documents
Concerning a Particular Applicant or Proprietor Statistical Analysis of Patent Documents Concerning a Particular Inventor Analyzing the allows to find Analyzing the allows to find applicants / proprietors (further) cooperating companies applicants / proprietors
employers, assignments, C.V. inventors top inventors in a company inventors (further) inventor teams, networks IPC symbols fields of expertise, R&D focus IPC symbols fields of expertise of an inventor
priority data (dates) activity chart of a company priority data (dates) creativity chart of an inventor country codes (national patents) importance of markets country codes (national patent) local importance of inventions
designated EPC states (foreign) markets of interest designated EPC states value of his inventions designated PCT states (foreign) markets of interest designated PCT states value of his inventions 20
20 Patent Information and Competitive Intelligence (6) Statistical Analysis of Patent Documents Concerning a Particular IPC Statistical Analysis of Patent Filings in or from a Particular Country / Region Analyzing the allows to find Analyzing the allows to find applicants / proprietors market leaders, competitors
applicants / proprietors top players in/from a country inventors experts in a field of technology inventors important experts IPC symbols related technology IPC symbols important technology, in / from
priority data (dates / countries) evolution/origin of a technology priority data (country) workplace of top players country codes (national patents) importance of foreign markets priority data (date) changes within a territory
designated EPC states major regional markets designated EPC states countries in competition designated PCT states geographic importance designated PCT states countries in competition 21 21 Patent Information and Competitive Intelligence (7)
Where can patent information be found ? 22 22 Trademark Information and Competitive Intelligence (1) Every trademark registered has designated to be according to the International (Nice) Classification of Goods and Services into 45 Trademark Classes (1 to 34 cover goods, and 35 to 45 services). Class 30: Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice. Class 32: Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages.
Class 35: Advertising; business management; business administration; office functions. Class 38: Telecommunications. Class 44: Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services. 23 23 Trademark Information and Competitive Intelligence (2) Trademark Information provides: Information about competition, products New marketing trends - Trademark filings give indications on new players in the industry Trademarks offer a great way to gauge new branding trends Trademark filings usually predate product launches or web mentions Measure commercial activity of a company
24 24 Design information and Competitive Intelligence Also an international Classification for Industrial Designs under the Locarno Agreement. 32 Classes 25 25 Design information and Competitive Intelligence WIPO National and Regional IP Offices: http://
www.wipo.int/amc/en/trademark/output.html Commercial 26 26 Domain Names and Competitive Intelligence Domain names have become an important part of a companys brand : Use of multiple domain names to represent various products and to serve assorted markets Domain give access to product and branding strategies Preserve brand integrity and access to information about competitor bad faith, cyber squatting or other offenses Track competitors and determine their market strategy by conducting inventory of domain name assets and compare it to trademark databases 27 27
PATENTSCOPE 28 28 THANK YOU FOR YOUR ATTENTION ! "It is pardonable to be defeated, but never to be surprised. (Frederick the Great) Guriqbal Singh Jaiya Director, SMEs Division, WIPO [email protected]
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