Are startups IP-compatible

Transcription

1 Are startups IP-compatible A feedback from the French PTO Alexis Martin, INPI I3PM meets Academia 2018, March 13, 2018

2 Institut National de la Propriété Industrielle Traditional Missions : Granting IPR Carry out IP laws/regulations International representation Information and training 750 employees HQ in Courbevoie (near Paris) 18 local branches 10 international representations : Beijing, Rabat, Abu Dhabi, Singapour, Moscow, Delhi, Washington, Seoul, Ankara and Brasilia 1 / 37 March 13, 2018 / INPI I3PM meets Academia 2018

3 INPI, at the service of business development INPI New Deal : from a administrative PTO to an economic support structure (INPI Roadmap ) Beyond our basic mission to register and grant IP rights Support companies in their use of IP Develop competitiveness Economic growth Create jobs, enhance export Target : Innovative, fast growing, exporting businesses (SME and ISE) 2 / 37 March 13, 2018 / INPI I3PM meets Academia 2018

4 INPI, at the service of business development IP applications fully digitalized A collaborative approach (Chambers of Commerce, Clusters, Patent attorneys.) Meeting at local branches by appointment only Setting up a long term and regular relation 3 / 37 March 13, 2018 / INPI I3PM meets Academia 2018

5 Our offer : INPI COACHING I/ Company visit IP STRATEGY First contact with the company Informal exchange (no deliverable) Objective : answer questions, explain IP tools Free of charge 4 / 37 March 13, 2018 / INPI I3PM meets Academia 2018

6 Our offer : INPI COACHING II/ IP Prediagnostic IP STRATEGY For deep IP problematics Action plan delivered by a professional Objective : Give a written report with recommendations to optimize IP and innovation Free of charge (cost for INPI: 1500 ) 5 / 37 March 13, 2018 / INPI I3PM meets Academia 2018

7 Our offer : INPI COACHING III/ IP PASS IP STRATEGY Help the company to apply our recommendations Fund IP procedures : Patent Watch/Search IP contract File an IPR abroad Litigation INPI funds up to per company 6 / 37 March 13, 2018 / INPI I3PM meets Academia 2018

8 Our offer : INPI COACHING IV/ IP Master Class IP STRATEGY 6 days training over 6 months Including 4 coachings on a topic chosen by the company Objective : train the company to develop its IP strategy (real cost : , 70% funded by INPI) 7 / 37 March 13, 2018 / INPI I3PM meets Academia 2018

9 Other services and economic environment animation Patent Landscaping Reports Workshops & conferences Corporate IP Professional Association La PI en Fête 8 / 37 March 13, 2018 / INPI I3PM meets Academia 2018

10 INPI, startups and IP What could we do to let startups enforce good IP practices? Do startups have specific needs in term of IP? Is there a need to adapt our offer to these possible specific needs? Step One : Definition what is a startup? Step Two : Survey ask startups, funders, IP Pro, Incubators & clusters Step Three : Benchmark What do other countries do? 9 / 37 March 13, 2018 / INPI I3PM meets Academia 2018

11 What is our definition of a start-up? Business/project considered as a Start-Up by economic organization who are supporting Start-ups. OR Independent and registered business AND R&D expenses Innovative AND Needs financing (fund raising), high growth opportunity AND Flexible, agile AND Young (< ten years) 10 / 37 March 13, 2018 / INPI I3PM meets Academia 2018

12 What 60 Startups told us Their key concerns Financing Finding a way onto the governmental maze Support systems too slow About IP 70% poor IP awareness Lack of time and money INPI s offer not clear enough The e-filling trap Their IP needs Early-stage customized support IP action toolkit Long term support Key-topics : Trademark, confidentiality, traceability, Database, software 11 / 37 March 13, 2018 / INPI I3PM meets Academia 2018

13 What Funders told us 3Banks Venture capitalists Business Angels Regional Councils How funders view IP IP as a barrier to enter the market No IP, no money Mixed feeling in the digital economy IP as a second-class topic Their IP needs IP in the digital area (too?) Strong focus on patent! 12 / 37 March 13, 2018 / INPI I3PM meets Academia 2018

14 What IP Pros told us We interviewed 16 patent attorneys and 11 lawyers Key points Startups = 20% of the client portfolio Lack of money to correctly deal with IP Low level of IP knowledge Often in an emergency situation No specific offer for Startups Their needs «It would be great if INPI could spend more resources on educating startups» Examination fast-track for startups 13 / 37 March 13, 2018 / INPI I3PM meets Academia 2018

15 What Support Structures told us We interviewed 2 competitiveness clusters, 11 incubators, 1 chamber of commerce, 2 Innovation Agencies and 1 TTO What they told us Over 60% of startups in the digital area IP as a protection and valorization tool, critical role to raise funds Low level of IP awareness, growing interest Startups need training and customized support on IP, especially IP strategy IP cost is a problem Their needs Support on IP valuation Enhance communication with startups Lower fees 14 / 37 March 13, 2018 / INPI I3PM meets Academia 2018

16 The Benchmark : India Startup India (2016) 4500 startups Bengalore Tech Park (IT, Finntech) 15 / 37 March 13, 2018 / INPI I3PM meets Academia 2018

17 The Benchmark : India Startup Definition Entity incorporated or registered in India < 7 years, < 10 years for Biotechnology Startups Annual turnover < 3,5 M Working towards innovation, R&D, improvement of products or services Scalable business model with a high potential of employment / wealth creation Not formed by splitting up of a business already in existence. Startups needs to be officially approved by an incubator certified by India 16 / 37

18 The Benchmark : India India Startup Definition (As defined by DIPP) entity, incorporated or registered in India : Not prior to seven years, however for Biotechnology Startups not prior to ten years, With annual turnover not exceeding 3,5 M in any preceding financial year, and Working towards innovation, development or improvement of products or processes or services, or if it is a scalable business model with a high potential of employment generation or wealth creation Provided that such entity is not formed by splitting up, or reconstruction, of a business already in existence. 17 / 37 March 13, 2018 / INPI I3PM meets Academia 2018

19 The Benchmark : India Empaneled Facilitator : support entities labeled by the Indian Government to help startups. Facilitator services General advisory on different IP rights on pro bono basis Information on protecting and promoting IPRs in other countries Assistance in filing and disposal of the IP applications Drafting complete/provisional specifications for inventions of startups Appearing on behalf of startup at hearings Ensuring final disposal of the IPR application. Facilitator fees are regulated by the Indian government. Startups only have to pay statutory fees for each IPR filed in India or abroad 18 / 37 March 13, 2018 / INPI I3PM meets Academia 2018

20 The Benchmark : Korea Startup definition A company with a business model expected to grow rapidly on new ideas or technologies, usually a company not listed on the stock market or merged with a big company 19 / 37 March 13, 2018 / INPI I3PM meets Academia 2018

21 The Benchmark : Korea OASIS : Overall Assistance for Startup Immigration System (2014) Objective : attract foreign startups in Korea, based on their IP Point system-based, mostly on innovation and IP 20 / 37 March 13, 2018 / INPI I3PM meets Academia 2018

22 The Benchmark : Korea OASIS : Overall Assistance for Startup Immigration System (2014) 80 points needed to get a Visa Patent Application = +20 points Patent Granted = +80 points (!) 18 hours beginner IP course participation = +15 points 25 hours advanced IP course participation = +25 points 21 / 37 March 13, 2018 / INPI I3PM meets Academia 2018

23 The Benchmark : Korea The effect of OASIS Project on Korea IPR as a collateral IPR is known as a driver to fund raising Prior to 2013 : banks quite reluctant to grant a financing based only on IP After 2013 : the public authorities urge banks to grand loans based on IP as a collateral 22 / 37 March 13, 2018 / INPI I3PM meets Academia 2018

24 The Benchmark : Korea IP Evaluation and financing Patent evaluation carried out by KIPA (Korean Invention Promotion Association) /free of charge for the SME : paid by the KIPO or the government Korea Development Bank loan program launches in 2013 : Loan up to 1,6 M / 180 businesses, for a total of 150 M Other system : IP based third-party guarantee (the risk taker is not a bank, but a 3rd party). 23 / 37 March 13, 2018 / INPI I3PM meets Academia 2018

25 Conclusion Startup identification Fast moving innovative structure, limited time resources High need of money Significant proportion in the digital economy Low level of IP awareness 24 / 37 March 13, 2018 / INPI I3PM meets Academia 2018

26 Conclusion Some tips to sell IP to startups Be where startups are IP wrapped for startup : digital protection, trademark IPR as a communication / fundraising driver Adapt IPR examination timeframe to startup speed (IA, Blockchain ) Examination fast track, reduced fees Do not only speak about Patent! Expand your area of expertise : Personal data, Business Models, infringement, counterfeit 25 / 37 March 13, 2018 / INPI I3PM meets Academia 2018

27 Are startups IP-compatible A feedback from the French PTO Thank you for your attention Alexis Martin, INPI I3PM meets Academia 2018, March 13, 2018