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Finance & Control1
Patents and Technology Transfer
Cornelis Schüller - Group Head of Patents
Patents and Technology Transfer
Genève, 6th November 2007
Finance & Control2
Patents and Technology Transfer
Patents and Technology Transfer Introduction
The Patenting Process
Technology Transfer in Theory
Technology Transfer in Practice
Conclusion
Finance & Control3
Patents and Technology Transfer
Introduction Universities/public research
Innogenetics
Nestlé
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Patents and Technology Transfer
The Patenting Process
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Patents and Technology Transfer
The Patenting Process
Exclusive rights vs. Full disclosure
Encourage scientific/technological development
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Patents and Technology Transfer
The Patenting ProcessPatents are primarily used for,
Protection of R&D results Preventing competitors from entering a certain field Avoid being blocked out of a field by third parties Cross-license to get access to third party products and
technologies Marketing tool
» Proof of innovativeness» Selected licensing» PR.
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Patents and Technology Transfer
The Patenting Process
Trade Secrets
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Patents and Technology Transfer
Trade Secrets (1) employees move to other companies, including
competitors more often there is no such thing as ‘life-time’ employment anymore,
education is similar if not identical in terms of textbooks, handbooks,scientific journals etc.,
access to information is universal via the internet,
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Patents and Technology Transfer
Trade Secrets (2) access to information is universal via the
internet,
retrieving information from inside or outside of a company is easy,
via internet or on discs etc. huge amounts of information can be transported unnoticed, industrial espionage is growing, think of the formula 1 wherein McClaren was accused of using Ferrari info.
Finance & Control10
Patents and Technology Transfer
The Patenting Process
Trade Secrets
The Current Situation
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Patents and Technology Transfer
Current situation Patents protect economic interests
Patents serve to attract investors
‘Patent or perish’
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Patents and Technology Transfer
Technology Transfer …..the process of developing practical
applications for the results of scientific research.
…..the process of transferring process and production technologies from one factory to another.
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Patents and Technology Transfer
Technology Transfer Transfer of Patent Rights and
Trademarks
Transfer of Technology
Licensing as the Core of a Larger Contractual Package
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Patents and Technology Transfer
Key players
Universities/public research
Innogenetics
Nestlé
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Patents and Technology Transfer
Universities/public research Bayh-Dole Act(1980) gave universities
control of their publicly funded patents, Prior to enactment the US goverment
had 30,000 patents 5% of which were licensed
Petitions for ‘march-in’ rights have mostly been denied.
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Patents and Technology Transfer
Universities/public research Association of University technology
managers 6000 members (w.w.) US univ. 3000 US patents/year. Research budget 40 billion USD, Licensing revenues 1.4 billion USD
Top 5 institutes account for 91% of the revenues (Univ. Calif., Stanford, Harvard…)
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Patents and Technology Transfer
University (Groningen)The TLG’s profileWho are we and what do we do? The Transfer & Liaison Groep is a faculty
department of the Office of the University of Groningen (RuG). We function as the main link between RUG academics on the one hand and authorities (local, regional and national) and the business community on the other. You can find us at the university’s Zernike Science Park.
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Patents and Technology Transfer
Innogenetics 2006- Product sales increased by 13.2% to reach
€47.9 million- Total revenues increased by 10.6% to reach
€53.7 million - Total income increased by 6% to €58.0
million- Operating loss from continuing operations
€25.7 million versus €20.0 million in 2005- Cash position €22.3 million
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Patents and Technology Transfer
Innogenetics products
(web site : Innogenetics (2007)
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Patents and Technology Transfer
>€1bn – Growth 15%*
Diagnostics
Treatment
Diagnosis
Outcome
Specialty DiagnosticsPredisposition
profiling
Diagnosis
Treatmentselection
Treatmentmonitoring
>€23bn – Growth 6%-7%*
Treatment
Figure 1
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Patents and Technology Transfer
Figure 2
Distribution HCV genotyping Bayer license fee, R&D funding,
milestone payment,transfer price
Co-development rapid microbiology Roche license fee, R&D funding,testing milestone payments,
royaltiesOut-licensingHIV-1 group O Abbott license fee, royalties
BayerRoche bioMérieux/O.T.Dade BehringOrtho-Clinical Diagnostics
HCV genotyping Roche license fee, royalties
Specialty Diagnostics – Partnerships
Patents and Technology Transfer
22 Finance & Control
Nestlé in Figures 2006• Worldwide Sales: CHF 98,458 billion
• EBIT: CHF 13,302 billion
• Net Profit: CHF 9,197 billion
• Factories: 481 in 87 countries
• Employees: Around 265,000• Organic Growth: 6.2 %• R&D Expenditure (F&B): CHF 1.7 billion
(1.8% of sales)
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Patents and Technology Transfer
Sales by regionPercentage of total F&B sales in 2006
Americas42.4%
Africa, Asia, Oceania19.3%
Europe38.3%
( Excluding globally managed businesses ( Pharmaceutical, Nestlé Waters, Nestlé Nutrition)
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Patents and Technology Transfer
Sales by Product Group in 2006
• PetCare
•11.6%
Patents and Technology Transfer
Nestlé, NAN, NIDO, Dreyer's, Mövenpick
Pro Plan, Purina ONE, Friskies, Dog Chow
• Milk Products• Nutrition• Ice Cream
•25.8%
Nescafé, Nesquik, Milo, Nestea, Perrier, San Pellegino
• Beverages•26.3%
•17.9%
•
Cooking AidsPrepared Dishes
• Chocolate• Confectionery• Biscuits
•11.6%
6.8%
• Pharmaceuticals
Stouffer's, Buitoni, Maggi
Kit Kat, Smarties, Crunch, After Eight
Alcon Laboratories, Galderma
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Patents and Technology Transfer
Nestlé's top competitors in 2006
0
10
20
30
40
50
60
70
80
Nestlé PepsiCo Kraft Foods Unilever Coca-Cola Mars Danone CadburySchweppes
GeneralMills
ConAgra Kellogg's Sara Lee
Food
Sale
s (in
bn
USD
)
2006 World's largest Food and Beverage Companies
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Patents and Technology Transfer
Some perspectivesSales growth 2006 (CHF b)
- 1,000 2,000 3,000 4,000 5,000 6,000 7,000 8,000
Hershey
Kraft
Campbell
Unilever
Numico
Heinz
General Mills
Coca Cola
Danone
Cadbury Schweppes
Nestlé
FC-JUR/TM/UB – 10 January 2000
Our Brands
Patents and Technology Transfer
27 Finance & Control
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Patents and Technology Transfer
25 brands with sales overCHF 1 billionBeverages Chocolate, confectionery and biscuits
WaterPrepared dishes and cooking aids
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Patents and Technology Transfer
25 brands with sales overCHF 1 billion
Milk products PetCare
Ice creamNutrition Pharma
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Patents and Technology Transfer
Local tastes and needs Nestlé tailors products to local tastes
and needs:– around 200 Nescafé blends to answer local
consumers expectations
Malaysia Japan RussiaPoland Africa, GreeceRussia, Israel
SwitzerlandEuropeJapan
FC-JUR/TM/UB – 10 January 2000
The Group Intellectual Property Department Manages IP Rights
Worldwide
Patents and Technology Transfer
32 Finance & Control
Organisational Intellectual Property Department
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Patents and Technology Transfer
Strategic and local brands are protected & managed
365Strategic
Local
Brands
7'653
22'132
Protections
84'253
Managed by 17 Regional IP Advisers (RIPA's) for local Nestlé Operating Companies
Managed by Center IP Department in co-operation with the Strategic Business Units ('SBU's) and the RIPA's
Status 24.10.07 / E.Dum.
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Patents and Technology Transfer
Nestlé has a substantial patent portfolio
The Nestlé patent portfolio contains as at 24.09.2007: 10'418 granted patents 6'173 pending cases which may result in
the grant of a patentThey key patenting territories for Nestlé are:USA, Europe, Canada, Japan, Australia, and more recently China and India.
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Patents and Technology Transfer
Most Valuable Global Brands 2006
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Patents and Technology Transfer
Technology Transfer Nestlé
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Patents and Technology Transfer
• Société des Produits Nestlé S.A. is the registered trademark and design owner and Nestec SA is the registered patent owner, in both cases acting as nominee for Nestlé S.A., who is the beneficial owner- Central ownership applies to trademarks linked
to strategic as well as to local brands• These rights are licensed, together with
know-how, to the Nestlé Operating Companies who pay royalties for their use
Nestlé's IPRs are centrally owned & licensed to local Nestlé Companies...
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Patents and Technology Transfer
Nestlé SA(Holding Co.)
Nestec SA(Knowledge Co.)
OperatingCompany
KnowledgeandLicences
Funding
Royalties
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Patents and Technology Transfer
Joint VentureNestlé is party to a number of important
JVs: BPW (Beverage Partners Worldwide)
with the Coca Cola Company CPW (Cereal Partners Worldwide) with
General Mills Innéov with l’Oréal Galderma, Lactalis etc.
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Patents and Technology Transfer
‘Innovating the Future’This strategy is enhanced by the following continuous improvement into consumer insights and their
translation to innovative products built on superior science and technology,
harnessing the vast expertise in our research and development work,
working closely with leading universities and outside partners on cutting-edge science and technology,
recruitment of open-minded and passionate innovators who can bridge science, technology and business needs,
bigger pioneering innovations that hit the “innovation sweet-spot” where best in class science and technology combine to deliver precisely the needed N,H and W products needed.
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Patents and Technology Transfer
Technology transfer ….
- includes patents, trademarks, brands etc.- extensive defence is needed against
counterfeiting and copying.
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Patents and Technology Transfer
Counterfeits are a serious problemand a crime in most countries!
Example NESCAFEin Russia
Trademark infringement
+ Unfair competition
+ Fraudulent act with penal sanction
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Patents and Technology Transfer
NESCAFE PLATINUM in Russia
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Patents and Technology Transfer
Universities rely on technology licensing groups which are
not always experienced enough, license (co-own) and are therefore free to
exploit outside of field of sponsoring company. feel the pressing need to exploit, as patents
cost money and are perishable, understand that technology is only the starting
point, may get additional sponsoring for further
research, further co-development and licensing of IP relating to same project.
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Patents and Technology Transfer
Biotech companies/INNX further develop certain fields like
Universities, are tied to the Industrial results of their
licensee, still rely heavily on public subsidies, understand that the basic, scientific steps
are not the most rewarding as there is a long way to go to a final product and that is where a big part of the risks is located.
Finance & Control46
Patents and Technology Transfer
Food Industry/Nestlé primarily has direct ownership of results by
direct investment, either by full-ownership or in the form of JV’s,
intergroup licensing involves multiple subjects know-how, training, patents, trademarks,
is more and more accepting ownership by developers outside their own field of use, especially with engineering firms,
Starts co-development in ‘Open Innovation’ with peers.
is more open for licensing especially since developments are going fast and so IP becomes outdated faster.
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Patents and Technology Transfer
Finance & Control