ip strategy for green tech
TRANSCRIPT
IP STRATEGY FOR GREEN TECH
16 NOVEMBER 2021
WELCOME!
IP strategy for Green Tech
Nyske Blokhuis
Dutch & European patent attorney
Associate Partner at EP&C (NL/BE)
Non-Residential Teacher at Maastricht University
Tutor at European Patent Academy (EPO)
Active in the IP world since 2001
TYPICAL FOR GREEN TECH
IP strategy for Green Tech
• Many companies hunting the same/similar “holy grail” …
• … but they look in different directions to get there
• Rapid development of technology
• Often: multi-disciplinary inventions
• Rise of new companies
• Change in direction by existing companies
TODAY: A TALE OF TWO COMPANIES
IP strategy for Green Tech
1: A young scale-up company
Started as a green start-up a few years ago
2: An established company
Shift to new technology for green solutions
1: YOUNG SCALE UP: LIGHTYEAR
IP strategy for Green Tech
IP FOCUS FOR SCALE-UPS
IP strategy for Green Tech
What do you think a scale up should focus on?
1. Building up your own portfolio -> raise hand
2. Search & freedom to operate -> don’t raise hand
WHY DO SCALE-UPS NEED PATENTS?
IP strategy for Green Tech
Investors like patents!
• If scale-up is successful: protection of product
• If scale-up is unsuccessful: still value in the IP
Hedging against “the big guys”
• Protection of own tech
• Material for cross licensing, e.g. in case of IP-conflict
So, scale-ups need to build a solid patent portfolio
IP CHALLENGES GREEN SCALE-UP
IP strategy for Green Tech
• Many active players in the field
• Many players after the same “holy grail” -> you need to file quickly
• Tight budgets
• Fast growing organisation• Many new people on board
• Changes in organisational structure of company
IP STRATEGY FOCUS GREEN SCALE-UP
IP strategy for Green Tech
Set up organisational structure for:
• Invention harvesting
• Objective evaluation of “patent worthiness” of ideas
• Protection of trade secrets
• Creating IP-awareness for new employees
• Evaluating IP-risks
IP FOCUS SCALE-UP (1)
IP strategy for Green Tech
Invention harvesting
• Inventions no longer “automatically” land on desk of person responsible for IP
• So: set up system for invention harvesting
Objective evaluation of “patent worthiness” of ideas
• Necessary when more ideas are generated and seen by IP responsible
• “Don’t run after every squirrel”
• Builds high quality portfolio
• Decide: patent and/or trade secret?
IP FOCUS SCALE-UP (2)
IP strategy for Green Tech
Educating (potential) inventors, creating IP-awareness
• Workshop on IP basics for new employee
• Make sure new employees are familiar with invention harvesting system
• Educate on secrecy/trade secrets as well
Also teach your (potential) inventors:
• Not to kill creativity by searching
• “for every good idea there will be 10 bad ideas”
• “a negative search result is the start of an invention”
IP FOCUS SCALE-UP (3)
IP strategy for Green Tech
Trade secret protection:
• Engrain it in your company’s system• Employment contracts
• IT: manage access rights to certain information
Freedom to operate/IP-risks:
• Large studies are not the only way to reduce IP-risks
• “don’t run after every squirrel”
Portfolio management:
• “kill your darlings”
2: ESTABLISHED COMPANY: BCT
IP strategy for Green Tech
Bekaert Combustion Technology – Assen [NL]
• Technical field: gas burners and heat exchangers for e.g. building heater systems, hot water systems
• Part of large, international company Bekaert (founded 1880)
• Gradual movement to green tech:
• Clean and efficient combustion of natural gas
• Switch to green tech:
• Combustion of hydrogen
IP FOCUS FOR ESTABLISHED COMPANY
IP strategy for Green Tech
What do you think an established company should focus on?
1. As much patents as possible -> raise hand
2. Searches & watches -> don’t raise hand
WHY DO ESTABLISHED COMPANIES NEED PATENTS?
IP strategy for Green Tech
Market share!
• Protection of product
• Freedom to pursue lines of development
• (Block competitors)
Staying out of trouble
• Material for cross licensing, e.g. in case of IP-conflict
If it fits company strategy: royalties from licensing
IP CHALLENGES ESTABLISHED COMPANY
IP strategy for Green Tech
Changing competitive landscape
• Who of our known competitors will also choose to move to green tech?
• If they do, will they adopt/pursue the same technology?
• New competitors?
The battle for market share starts anew!
• Changing behaviour of known competitors
• Be prepared that your patents/patent applications may be challenged more often than before
IP FOCUS ESTABLISHED COMPANY (1)
IP strategy for Green Tech
Watches!
• Keep an eye on what your competitors are doing
• Who is moving to green tech as well?
• Which technologies/solutions do they file patent applications for?
• Are they thinking in the same direction as you?
• Be alert for new, emerging competitors
• Watch the entire technical field,not just the known competitors
Update your search algorithms!
IP FOCUS ESTABLISHED COMPANY (2)
IP strategy for Green Tech
Changing behaviour of known competitors
• May become more aggressive in order to maintain/enlarge market share
• Prepare for your patents/patent applications to be challenged more often
• Oppositions
• Third party observations
• Or: competitors may seek more cooperation than before
• With you?
• Or do other groups form?
Quality of patents/patent applications:
• more important than ever
CONCLUSIONS
IP strategy for Green Tech
Green tech scale-up:
• Focus on internal organisation first
• Focus your efforts: don’t run after every squirrel
Established company switching to green tech:
• Focus on outside world
• Quality more important than quantity
• Prepare for increased competition
IP strategy for Green Tech
Any questions?