A blind Spot in IP-Management in (Corporate) Entrepreneurship?

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A blind Spot in IP-Management in (Corporate) Entrepreneurship? Ulf G. Schaberg LL.M. Patentanwalt, European Patent Attorney IP Manager AO Foundation I 3 PM meets Academia Ingolstadt, March 2018

The AO Founders

The AO Founders Revolutionized the treatment of fractures

Before the AO, early mobilization of patients with fractures was not possible

The AO Principles of Fracture Management Fracture realignment Fracture fixation Early mobilization Soft tissue preservation

Research Instrumentation Documentation Education Our Four Pillars of Success

Our global impact We educate more than 50,000 participants in over 700 courses annually

Our global impact We educate more than 50,000 participants in over 700 courses annually 250 employees translate CHF 100m annually into research, development and educational output

Our global impact TO DATE More than 500,000 surgeons and 150,000 ORP from more than 124 countries have participated in 250 the employees AO courses translate CHF 100m annually into research, development and educational output

Our global impact More than 16,000 volunteers and 100,000 affiliated surgeons with a common vision TO DATE More than 500,000 surgeons and 150,000 ORP from more than 124 countries have participated in the AO courses

More than Our mission vision 16,000 volunteers and is to foster is excellence 100,000 and expand affiliated in theour surgical network of health management care surgeons professionals trauma with a and in education, disorders research, of the musculoskeletal development common and system. clinical investigation to vision achieve more effective patient care worldwide.

Percentage of patients that were permanently disabled from fractures of the 1944 Thigh bone 60% 20% Lower leg Source: Sammelstelle für die Statistik der Unfallversicherungen UVG: SSUV- UVG Pool 2005-2009 Stand +4 Jahre, 2015. Version 1.03.01

Percentage of patients that were permanently disabled from fractures of the 1944 Thigh bone 2015 Thigh bone 60% 3% 20% 2% Lower leg 66% Lower leg Source: Sammelstelle für die Statistik der Unfallversicherungen UVG: SSUV- UVG Pool 2005-2009 Stand +4 Jahre, 2015. Version 1.03.01

New technologies important for future patient outcome Simulation imaging visualization haptic models robotics 3D printing diagnostics clinical data management biological and biotechnological solutions...

AO Entrepreneurial Initiatives: AO Invest

AO Entrepreneurial Initiatives: AO Development Incubator (AODI) Intellectual Financial AODI serves support to foster valuable ideas that support Funding the Securing AO Foundation s is granted Intellectual by vision an indepen dent and Property mission, (IP) board, by supporting which approves inventors Developing financially proposals a proof and of consults intellectually concept widely to build with experts and in execute the Planning relevant project the fields. plans proof of towards concept a proof valorization of concept (PoC). from within or from outside at least one call a year for new proposals targeting different areas of expertise PoC for a selected project should be achieved within a 1-5 year time frame.

A win-win scenario for corporate entrepreneurship Corporate Entrepreneur Reputation Reach Expertise in the field/ Expert network Development experience/ Development capabilities Established business models Market access/ Commercial network Funding... Entrepreneurial Mindset No boundaries Additional technological expertise New ideas and innovations New approaches Technology convergence New business models New strategies...

IP Strategy as integral piece of Corporate Strategy Product Strategie R&D Strategy IP Strategy Protection Commerciali zation FTO

Case example IT Start-up Innovation: Solution: Question: New way of representing content/ information Algorithms, Programming Can we protect our innovation with patents before expanding interactions with investors and distribution channels First focus: Technical solution, patentability, other ways of protection Second focus: Who is your customer? Who are users? Who are paying customers? What is your go to market approach? How do you get your money? Who is your competitor?

IP Focus points in the Business Model Ash Maurya, Running Lean - Lean Business Model Canvas (2013)

Interdependency between IP strategy and business model Freedom-to- Operate Differentiation/ Protection Commercial ization Ash Maurya, Running Lean - Lean Business Model Canvas (2013)

Thesis Questions In entrepreneurial environments - in not a few cases in early stages holistic and/or detailed understanding of IP low knowledge of successful business models low (tendency to «copy corporate») awareness of the importance of the business model choice low awareness of the interdependency of business model choice and IP strategy choice is low In corporate entrepreneurship Is the lack of awareness and knowledge in business model design particularly with a clear view to the IP conditions of new business models compensated by corporates? Or do corporates impose their established IP/business models on entrepreneurial partners? If so: Do we have a blind spot or at least a less clear view for new business models in corporate entrepreneurship?

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