1. Intellectual property management
to support NPD
Mohammad Razaghi
Atefe Ramezankhani
Maede Parvizian
Arezou Ghiassaleh

2. Outline
IP definition
IP management & tools
IP & NPD
Case Studies

3. What do we mean by
Intellectual property?
• Broadly speaking, the term ‘IP’ refers to
Unique, value-adding creations of the human
intellect that results from human ingenuity,
creativity and inventiveness.

4. What do we mean by
Intellectual property?(Cont)
• Intellectual Property is the know-how that
comes from our creative thought processes.
• It is the knowledge of how to do something
better. And, that "something better" may very
well be worth a fortune if we can successfully
commercialize the IP while at the same time
preventing others from doing the same thing

5. What do we mean by
Intellectual property?(Cont)
 a legal right comes into existence when
the requirements of the relevant IP law
are met.
 Such rights make it possible to harness
the commercial value of the outputs of
human inventiveness and creativity.

6. IP and NPD: (Process)
• This is usually done by its orderly use,
exchange or sharing it amongst various types of
business partners.
• These partners generally work
harmoniously during the new product
development process.
• The legal rights prohibit all others from
using the underlying IP asset for commercial
purposes without the prior consent of the IP
right holder.

7. IP and NPD (Final product)
An innovative; new or improved
product offers an existing or new
business, new market territory
without competition for so long as it
retains its innovative advantage.
The IP system plays a significant role
in helping a business to gain and
retain its innovation-based
advantage.

8. What is IP management all about?
Intellectual Property Management is all about
maximizing profitability:
• licensing out that IP which is not commercially critical to
the enterprise.
• licensing in technology which might tie in to the enterprise.
• review disclosures (patents and others) frequently in order
to augment knowledge base.

9. Are there any tools to protect and
manage IP assets?
What do you know about tools for protecting IP
assets in our country (Iran)?
There are established tools to protect IP in
knowledge based economies like U.S.

10. Tools for protecting IP
• Patents ( utility model)
• Protection of undisclosed information
(Trade Secrets)
• Copyrights
• Trademarks
• Registered (industrial) design
• Geographical indications

11. Patents (utility model)
• is a set of exclusive rights granted by a
state (national government) to an inventor or
their assignee for a limited period of time
in exchange for a public disclosure of an
invention.
• Patents are only granted if inventions meet
certain criteria and tests. Three necessary
conditions for patentability are:
1)novelty
2)utility
3)non-obviousness.

12. Patents (Cont’d)
• Patents are only valid in those countries in
which they are granted and the degree to
which they provide any form of protection will
depend on that jurisdiction's legal system.
• A survey of economic studies reveals that
patents are the most preferred IP rights in
relation to technological innovations.
• 35% of small firms (less than 20 employees)
used patents, While 75% of large firms (more
than 500 employees) patented their knowledge

13. Protection of undisclosed information
(trade secrets)
• we can use the trade secret method to protect IP,
i.e. you keep it a secret.
• Most certainly if something is not patentable, for
whatever reason, it would be prudent to protect it
by trade secret. Anything at all of a proprietary
nature can be protected in this way.
• A classic examples is Coca-Cola!

14. Protection of undisclosed information
(trade secrets)
 Empirical evidence indicates that generally small
and medium-sized enterprises (SMEs) are more
inclined to use trade secrets rather than patents to
stay competitive.
(high costs and complexity of the patent system)
In Australia: 44% used Patents Vs. 75% used
Trade Secrets!

15. Patent Vs. Trade Secrets
(EPO) estimates that 70% of the information in patent
documents is not available elsewhere!!!
So, what should be patented and what should be kept as
a Trade secret?
The choice would depend on the nature of the
invention, its business potential, the nature of
competition, the possibility of its independent
creation by competitors and the ability of
competitors to reverse engineer it easily from the
product developed by using it.

16. Copyright
A copyright is a legal means of protecting an
"expression", e.g. a literary work or an art
form.
 It does not in any way protect the ideas or the
principles expressed - only the expression
thereof.
 Copyright does not prevent others from doing
similar work or creating inventions based on a
copyright work. In simple terms, it prevents
others from "stealing" one's creative work.

17. Trademarks
• Trademarks are identifiers, like corporate
logos or product names, which are used
to promote products or services.
• Trademarks are not limited to designs.
Trademarks could also be colors, smells,
and sounds - to name a few.
• The value of a trademark should not be
underestimated.

18. Registered (industrial) design
•A particular shape, configuration, or
pattern for an object such a coke bottle,
intended to appeal to the viewer, is an
industrial design.
•If we have a good design that gives us
an advantage, then we must have a
system to protect its features otherwise
there would be wide scale imitation.

19. Registered (industrial) design

20. Geographical Indications
Indications which identify a good as
originating in the territory of a member
or a region or a locality in that territory,
where a given quality reputation or
other characteristics of the good is
attributable to its geographical origin.

21. Nature of NPD Process

22. How can IP management help
NPD management?

23. Class Discussion

24. Our Discussion
• Greater benefits for Org. if they consider the full
range of IP issues in NPD
• combination of patent, industrial design and
trademark protection (Hoover vacuum cleaner)
• Effective use of IP tools & systems risk
reduction + facilitation of Process +
competitiveness

25. IP in NPD process

26. The Idea Stage
• From the moment an enterprise has a potentially
innovative idea  it may be a Secret
• Information surrounding the creation of the idea must be
protected carefully as a trade secret
• trade secret route or the patent route?
• A Strategic Business decision base on :
Nature of innovation
Competition and ease of reproduce and reengineering
Its business potential

27. The Idea Stage(cont’d)
• The idea must initially be protected as a trade secret
option of patenting at a later stage
• Even after patenting  part of the idea=trade S.
1.Technical drawings:
• trade secrets
• Copy-rights
2. Information contained in existing patent documents 
conception, screening and development of the idea

28. The R&D Stage
• All IP tools used during the idea stage continue
to be relevant
• Extensive research and consultation,
important to the success of the project 
• Current Patents!! (800,000 patents annually)
• Patent limitations

29. The R&D Stage(cont’d)
• Having decided on the type of IP protection for
R&D Output  immediately start the
registration process
• As much R&D results in both functional and
aesthetic improvements  also consider
registering industrial designs to protect the
look and packaging of the product.

30. The production Stage
• In most of the cases, resources and technical
development that are not available in-house
 IP rights ensures that these are not lost while
taking advantage of external technical
resources and facilities
• “valley of death” = time the invention has
been prototyped to the launching of the new
product in the market

31. The production Stage(cont’d)
• IP, particularly patents ,play a crucial role in
facilitating access to providers of early stage
capital
• IP ownership strengthens the negotiating
position when looking for investment partners,
and makes a business more attractive to
potential investors

32. Marketing of Innovation
• product is finally brought to market trademarks
and industrial designs play an important role
• Trade Mark useful tool in
• launching new product segments or entirely new
products
• Penetrating new markets and extending
commercial benefits beyond the life of a
patent(Aspirin)

33. Bring it Sum:

34. Case Studies:
- Xerox®
- Aspirin®
- Apple Vs. Samsung

35. Case studies: Xerox®
In 1937, Chester Carlson invented Xerography,
which he patented in 1939.
It took almost eight years for Carlson to find an
investor who was willing to invest in the
invention. Finally, the Haloid company (which
later became the Xerox Corporation) successfully
made the invention commercially available in
1950.
Those ideas, which are protected by IP, stand a
greater chance of surviving through the valley of
death.

36. Case studies: Aspirin®
Trademarks are also useful in extending
commercial benefits beyond the life of a patent.
When the Aspirin® patent expired, the company
continued to benefit from the sale of aspirin
through its established trademark Aspirin®.
The Bayer Company has also used the two-track
IP strategy, i.e., using a trademark to protect
market share after the expiry of a patent, for
its Cipro® product

37. Case studies: Apple Vs. Samsung

38. Thanks For
Your
Attention