competitive landsape by clarivate analytics

DOING YOUR RESEARCH: THE COMPETITIVE LANDSCAPEWORKSHOP

NICK SOLOMONIP Solutions ConsultantDECEMBER 2016

TODAY’S AGENDA

• Intellectual Property Overview

• Australian Innovation

• Why Intellectual Property is Important

• Determining the Competitive Landscape

• Real World Example

THE DIFFERENT TYPES OF INTELLECTUAL PROPERTY

PATENT – Protects how an innovation works or functions.

TRADEMARK – A trade mark identifies the particular goods or services of a trader as distinct from those of other traders.

REGISTERED DESIGN – The visual appearance of a product is protected, but not the way it works.

COPYRIGHT – The owners original expression of ideas is protected, but no the ideas themselves

PLANT BREEDERS RIGHTS – Protect the commercial rights of new plant varieties

OTHER – Trade Secrets

Source: IP Australia – Types of IP

WHAT IS A PATENT?

A patent is a right that is granted for any device, substance, method or process that is new, inventive, and useful. A patent is legally enforceable and gives you (the owner), exclusive rights to commercially exploit the invention for the life of the patent.

Trademarks

Patents Designs

PATENT TYPES

Provisional Patent An Australian provisional application grants an entity time to decide whether its invention deserves further development time and resources directed into it. A provisional is useful in establishing an early priority date for an invention. (unpublished)

Innovation PatentsAustralian innovation patents protect inventions in Australia which do not reach the required level of inventiveness which is required for a standard patent. Innovation patents usually last 8 years and is a quick and cheap method to gain patent protection for an invention. (published)

Standard PatentsA standard Australian patent provides an applicant long term patent protection for their invention providing their invention in new and novel. A standard patent undergoes extensive examination before it can proceed to grant. Typically, standard patents have a 20 year period of protection as long as maintenance / patent renewal fees are paid. (published)

WHAT CAN I PATENT

• Any device, substance, method or process that is new, inventive, and useful• An invention can have multiple patents (also multiple trademarks and

designs)• Many chemical or life science related innovation has multiple patents

associated. e.g.– Method Patents– Use Patents– Delivery System Patents

• Why don't we put everything in one patent instead of having multiple patents?– Litigation– Easier to protect your innovation separately.– Cost!

IS MY PATENT VALID IN EVERY COUNTRY?

In short…. No!

Patents are territorial rights. In general, the exclusive rights are only applicable in the country or region in which a patent has been filed and granted, in accordance with the law of that country or region.

Therefore, it is important to know the competitive landscape (or the IP Landscape) to know where to seek patent protection and why.

AUSTRALIAN INNOVATION

Great Ideas….. Great Stories!

~ 1988 – Polymer Banknotes ~ 1992 – WiFi

~ 2015 - Quantum Logic Gate~ 2006 – Cervical Cancer Vaccine


Great Ideas….. Not so great stories….

~ late 1990’s - Sports Wool


Invention Total Worldwide Patent Total

Apple Inc 14927 45907

Samsung Electronics 57185 636910

CSIRO 2434 4879

Cochlear Ltd 699 1301

CSL 473 1024

BHP Billiton 1021 1701

• In the past, Australia is great at coming up with ideas and innovation!..... Hasn't been great at protecting them in the past– This needs to change!

ONE MORE THING……..

• Question – How many patents (individual inventions) do you think are associated with the Apple iPhone?

ONE MORE THING………

• Answer – 1298 different patents!!

ONE FINAL THING…………….

IMPORTANT!!

If you intend to seek patent protection, DO NOT publically disclose your innovation i.e. publish a paper or journal article, as once the innovation is in the public domain you cannot gain patent protection on it.

DETERMINING THE COMPETITIVE LANDSCAPE

Key Questions To Consider…..

1. Is my idea Innovative? Is there a need for my technology?

2. What do I want to do with my technology?

3. Who else is operating in my technology space?

4. Where are they operating around the world?

5. What worldwide markets are important to me?


1. Is my idea innovative? Is there a need for my Technology?

• Conduct a patent and non-patent literature search for what you are attempting to undertake.

• Use keywords and technology classifications to get an idea if your idea is patentable or not.


2. What do I want to do with my Technology?

• Do you want to commercialise your innovation?

• Do you want to find a partner to help develop your innovation?

• Do you want to find an organisations or entities to potentially licence your innovation?

Note: The above will determine what type of applicant / assignee you

can focus on.


3. Who else is operating in my technology space?

• Use the applicant / assignee details to determine who else is operating within your general technology space.


4. Where are they operating around the world?

• Use the publication country details of patent data to determine where in the world your competitors are operating in this technology space.


5. What worldwide markets are important to me?

• Where will be your major markets?

• Where will your innovation be manufactured?

• Any strategic markets to consider?

WHY IS THIS IMPORTANT TO ME

• Having knowledge about your target market, competition / other players, potential other uses of the technology will help you tell a persuasive story in attracting partners, funding, support and potential licensees.

• Can help you stay nimble and proactive (not reactive)• Nearly every career that you have the potential to work in involves Intellectual

Property in some form.– Research– Law– Marketing– Advertising – Consultancy – Venture Capitalist

• Can help you stand out from the crowd!• A patent owner has the right to decide who may – or may not – use the patented

invention for the period in which the invention is protected. In other words, patent protection means that the invention cannot be commercially made, used, distributed, imported, or sold by others without the patent owner's consent.

REAL WORLD EXAMPLE

• Therapeutics targeting Acute Myeloid Leukaemia (AML)

• This dataset is based on the following search strategy:

– ALLD=(acute NEAR3 myeloid NEAR3 (Leukemia OR leukaemia));

– There are 2142 different inventions in this data set.– Worldwide patent data included.– DWPI patent data utilized for the following examples. – Published patent material only included.

SUMMARY OF PATENT ACTIVITY

• Timeline is based on the earliest priority filing year within any given patent family

• Activity is concentrated in the early 2010s, with the 2011 / 2012 periods having the most inventions added

• Overall activity in the sample dataset is moderate

5 2 3 3 5 410

1521 18

49 51

7886

113

178

158

169

189

225 224

240244

38

2

0

50

100

150

200

250

300

1990

1991

1992

1993

1994

1995

1996

1997

1998

1999

2000

2001

2002

2003

2004

2005

2006

2007

2008

2009

2010

2011

2012

2013

2014

MAJOR PATENT APPLICANTS

• Who are the main players in this technology space?

• Are they emerging players?

• Is their patent activity increasing or decreasing within this technology?

66

37

35

30

28

28

26

23

22

21

21

20

20

20

19

0 10 20 30 40 50 60 70

NOVARTIS AG

MILLENNIUM PHARM INC

ABBOTT LAB

HOFFMANN LA ROCHE & CO AG F

BAYER HEALTHCARE LLC

US DEPT HEALTH & HUMAN SERVICES

MERCK SHARP & DOHME CORP

BOEHRINGER INGELHEIM INT GMBH

PLEXXIKON INC

4SC AG

SCHERING CORP

PFIZER INC

UNIV CALIFORNIA

UNIV HEALTH NETWORK

MERCK PATENT GMBH

COMMERCIAL TIMELINE

Patent Applicant 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014

NOVARTIS AG 3 5 4 16 8 4 5 4 5 5 5 2

MILLENNIUM PHARM INC 3 4 6 1 2 2 2 1 4 7 4 1

ABBOTT LAB 2 3 2 6 12 8 1 1

HOFFMANN LA ROCHE & CO AG F 1 4 8 1 1 7 6 2

BAYER HEALTHCARE LLC 1 1 2 2 4 6 3 3 4 2US DEPT HEALTH & HUMAN SERVICES 1 2 2 1 1 5 5 2 7 2

MERCK SHARP & DOHME CORP 1 1 2 2 3 2 1 2 4 5 1 2

BOEHRINGER INGELHEIM INT GMBH 1 4 1 3 2 6 2 4

PLEXXIKON INC 3 5 4 4 1 3 2

4SC AG 8 7 5 1

SCHERING CORP 1 1 2 2 1 2 4 1 2 3

PFIZER INC 2 1 3 5 3 1 2 1 2

UNIV CALIFORNIA 1 2 2 1 2 1 1 8 2

UNIV HEALTH NETWORK 1 4 3 5 2 3 2

MERCK PATENT GMBH 2 3 2 2 5 2 2 1

RELATIVLY NEW APPLICANT

INCREASING APPLICANT

CONSISTANT APPLICANT

DEMINISHING APPLICANT

• US Department of Health and Human Services are increasing their innovation in this technology area.

• No real diminishing applicants. Could represent a recent commercial interest in this technology.

SOURCE OF INNOVATION

Country 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014United States 2 1 1 4 3 4 9 11 4 16 28 45 53 53 72 101 106 115 120 178 156 174 159 18European Patent Office 5 4 7 8 10 22 22 21 25 19 17 18 17 4China 1 1 1 7 5 10 14 16 22 17 2United Kingdom 1 1 1 1 2 6 1 5 3 10 6 9 4 9 3 11 2PCT 1 1 1 2 4 4 6 3 5 8 6 6 10 3 1Japan 1 1 1 1 1 1 2 6 5 4 1 6 3 9 3 5Germany 3 1 4 2 7 4 8 5 1 7 2 1France 2 1 1 1 1 3 4 4 4 2 1 3 3Korea, Republic of 1 1 2 2 3 2 8 7 4India 1 1 5 1 3 7 6Australia 1 1 1 2 2 5 2 1 2 3Denmark 1 2 1 2 2 5 2 3Italy 2 1 5 3 1 3 1 1Canada 1 1 1 1 1Singapore 1 3Israel 1 1 1Poland 2 1Spain 1 1 1Finland 1 1Ireland 1 1Norway 1 1Belgium 1Brazil 1Cuba 1

• The first location in which a patent is filed strongly correlates to the physical location of the applicant, and can be used to assess regional trends in innovation. In this case, the United States is a major consistent innovation source.

THEMATIC CONCEPT MAP OF PATENT ACTIVITY

• Concept mapping involves algorithmically analysing the text content of patents and identifying common themes

• In this space, major topics include: Multiple Disease Treatment, Compositions and Formulations, Detection


• Show different technology by searching the map

• Small Molecules (red dots)

• Show a specific applicant on the Themescape map to determine where its innovation is situated

• Millennium Pharm Inc (greendots)

• Abbott Lab (yellow dots)• Novartis AG (red dots)


Map Patent Literature Vs Non-Patent Literature

Non-Patent Literature helps highlight

emerging technology

Patent Literature helps highlight commercial

intent

CITATIONS

• The influence of a patent document can be measured by looking at how frequently an invention is cited against another patent case pending in the system

CITATION TREES

• The influence of a patent document can also be visualised to determine who else is operating in the same technology space.

• Easily identify competitors to your technology OR potential licence's or partners of your technology.

WO2005080601 “Classification, diagnosis and prognosis of acute myeloid leukemia by gene expression profiling” UNIVERSITY ERASMUS

CITATION TREES

• Citation trees also help show how technology is evolving over time

• Can help highlight what an applicant’s R&D strategy

US5453284A “Stabilized enzymatic dentifrice” MICHAEL A PELLICO

• B04-B03C – Animal, Microbiological and General Extracts; Oglioneculeotides• B04-E02 - Nucleic Acids, Altered DNA Coding Sequences• B02-D - Antibiotics

WHERE TO ACCESS PATENT INFORMATION

Thomson Innovation – http://info.thomsoninnovation.com/

Publically Available Patent Websites

IP Australia -http://pericles.ipaustralia.gov.au/ols/auspat/

European Patent Office - Espacenethttps://worldwide.espacenet.com/advancedSearch?locale=en_EP

WIPO – PatentScopehttps://patentscope.wipo.int/search/en/advancedSearch.jsf

Thank you!

Nick SolomonIP Solutions Consultant Email: [email protected]

competitive landsape by clarivate analytics

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