View
221
Download
2
Category
Preview:
Citation preview
Copyright M. Samejima1
The Enhancement of Patent Management to Achieve
Competitiveness
M.Samejimasamejima@uslf.jp
WIPOAsia and the Pacific Regional Workshop
2004.12.15 @ Shanghai
Copyright M. Samejima2
1 What is the mechanism of the patent regarding corporate management process?
2 What is the mechanism of the patent to enhance competitiveness of a corporation?
3 What shall be a patent achieving mechanism thereof?
Agenda Today
Copyright M. Samejima3
The Trend of Percentage of Intangible Asset in Corporate Value
70% 80%50%
0%
20%
40%
60%
80%
100%
1950 1970 1990 2010
value of tangibleassetvalue of intangibleasset
Copyright M. Samejima4
Brand Value Ranking by Inter Brand Corporation (2000)
ranking Brand Brand value of 2000 (US$10 billion)
1 Coca-Cola 72.5
2 Microsoft 72.5
3 IBM 53.2
4 Intel 39.0
5 Nokia 38.5
6 General Electric 38.1
7 Ford 36.4
8 Disney 33.6
9 McDonald’s 27.9
10 AT&T 25.5
Brand Value Ranking, 2000
Copyright M. Samejima5
Preservation of Technology→Creating Bar towards Competitors~Patent application is the final method of developing process
Technology
Disappearance of Technology --loss of data--employee’s flow-out
Technology
Preservation of Technology
Bar towards competitor’s market entryx Patent
Technology
Patent application
Know-how handling
Copyright M. Samejima6
Intellectual Capital Management Model
(i)Valuable hum
an capital
(ii)Extraction as intel
lectual assets
Enhancement of corporate value
Mind
(iii)Meets market needs
1.developing &educating valuable human resources 2.extracting intellectual property from their brilliant mind 3.management enforcing corporate competitiveness by intellectual property
Study & Development handling
Education A
Intellectual property handling
Education B
Education C
Intellectual Property Strategy
Copyright M. Samejima7
Maintaining Market share and Patent strategyCase of Nichia Corporation
Sales
Profitability
Social contribution/Reputation
Maintaining & Keeping market share
ComplianceInitial market share
→it depends on quality of technology, marketing, promotion (not patent)
Keeping market share →it depends on law competitiveness like patent as well as product quality and cost.
Innovation
Brand
Promotion
Agreement
Quality
Patent
Copyright M. Samejima8
Establishing De facto Standard by Patent PoolThe case of Taiyo-Yuden Corp.
◇ Taiyo-Yuden’s process from development to sales
regarding CD-R
1981 Taiyo-Yuden Corp. started developing CD-R
1988 Taiyo-Yuden Corp. succeeded in developing CD-R
1989 Joint-company, Start-Lab Corp was established by investment
from Sony Corp. and Taiyo-Yuden Corp.
Taiyo-Yuden started test mass-production of CD-R
1990 Taiyo-Yuden started mass-production of CD-R
1992 CDW-900E was on sale.
1993 CD-R Printable was on sale.
1994 1996 1998 2000 2002
400 750032000
290000
700000
0
200000
400000
600000
800000
Market Scale for CD- R the number of production( )
Copyright M. Samejima9
1.The gap of Technology
Competence
Technology Flow-out
2.Know-How Handling
Dominant position because of Good
Quality Production
Legal method such as Technology Transfer
3.The gap of Patent Competence
Elimination by Legal Method, Market Control
By License Contract
Technology Competition
N
Y
Y
N
Y
N
Technology Development
The Model to maintain Production Competitiveness
~ Technology Flow-out and Patent Competence
4.Mare Free Competition
Copyright M. Samejima10
Establish & Arrange
System
( Macro-Practical Method )
Government( Office )
Each Organization
Introduction & Practice of Intellectual Capital Management
( Micro-Practical Method )Improvement of Our Nation’s International Competitiveness
Enhancement of Corporate Value
The way to Intellectual Property Nation
Present Status :The boom of Intellectual Property was over, and the practical stage has come
Copyright M. Samejima11
2 % of the Patents Gain 90% of Whole Revenue
If this “yield rate”could be enhanced ・・・
Copyright M. Samejima12
Patent which covers business market
1.Marketability( Patents practiced by other parties)
2.Patent’s Ability( Not easily invalidated nor diminished)
××
××
× ××
Prior artNovel
MarketabilityPatent’s Ability
What is “Good Patent”?
Copyright M. Samejima13
Consideration Patent into Decision Making Process of Developing Theme
×
× ×Future Market
×
× ×Present Market
××
××
Market Prediction= prediction of 5 years later market
nonsense
risk-taking
fine!
Copyright M. Samejima14
××
×
× ××
Future Market
×
× ×Market Shift
Present Market
Market Prediction
--PPM, CIAO, Patent Engineer--Management Rule/ Ruling Procedure--Database/IT wise
Mechanism to securemore sophisticated
management
The Management Theory Adopted By Corporations
Copyright M. Samejima15
The Aim of IP Management→ Increasing “Yield Rate”
Market Prediction
R&D
Patent Application
Prosecution
××××× ××MarketabilityPatent’s Ability
Time- Reduction
Claiming Theory/Patent Management
Linking Together with Market/ R&D/ Patent
Copyright M. Samejima16
Lecturer’s Profile
MASAHIRO SAMEJIMA (UCHIDA and SAMEJIMA LAW FIRM / Attorney at Law & Patent Attorney )Tel 03-3549-1563 / fax 03-3549-1565 samejima@uslf.jp
[Business & Professional Experience ]Mr. Samejima, a national of Japan, graduated from the Tokyo Institute of Technology in March 1985. He passed the Patent Attorney Examination and the National Law Examination in Japan in 1991 and 1996 respectively to become one of 10 peoples in Japan who have passed both examinations. From 1997-1999 he had legal training at the National Legal Training and Research Institute. Mr. Samejima was working in Metallurgy and Electric Engineering at FUJIKURA Ltd., from 1985 to 1992. From 1992 to 1997 he was with Patent Filing and Prosecution Practice at IBM Japan. He was with the Patent Litigation Practice at Ohba & Ozaki in 1999, and joined the Law Office of Matsuo & Kosugi till 2004. Since 2004, he is an Attorney at Law and a Patent Attorney as a partner of Uchida & Samejima Law Firm, Tokyo.[Service]His practice areas include Intellectual Property matters including various technology such as IT and material engineering, from filing to enforcement, as well as corporate governance and strategy on IP matter. [Work]Patent Strategy Hand Book(2003.3)
Recommended