An Introduction to New Product Development (NPD)

New products Development: Managing Intellectual Property

New Product Development- Open Innovation and Technology Transfer

Learning Objectives
1. Examine the different forms of protection available for a firms intellectual property 2. Identify the limitations of the patent system 3. Explain why other firms patents can be a valuable resource 4. Identify the link between brand name and trademark 5. Identify when and where the areas of copyright and registered design may be useful 6. Explain how the patent system is supposed to balance the interests of the individual and society
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Intellectual Property
Overview of the main types of intellectual property
Type of intellectual property 1 2 Patents Copyright Key features of this type of protection Offers a 20 year monopoly Provides exclusive rights to creative individuals for the protection of their literary or artistic productions As protected by registration, is for the outward appearance of an article and provides exclusive rights for up to 15 years

Registered Designs

Registered Trademarks Is a distinctive name, mark or symbol that is identified with a companys products
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Trade Secrets
Business activities and processes that are not patented, copyrighted or trademarked Special ways of working, price costing or business strategies E.g. Recipe for Coca-Cola

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Introduction to Patents
A contract between an individual or organization and the state The granting of a temporary monopoly by the state to encourage creativity and innovation within an economy The state has no obligation to prevent others benefiting from it Responsibility of the individual or organization that is granted the patent Monopoly for 20 years Annual fees required Patent Agents
Article Pfizer sues rivals to protect Viagra patent.docx

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Introduction to Patents
Novelty
An invention shall be taken to be new if it does not form part of the state of the art. - A state of the art is defined as all matter including publications, written or oral or even anticipation that render a patent invalid

Inventive Step
an invention shall be taken to involve an inventive step if it is not obvious to a person skilled in the art

Industrial Application
Capable of industrial application if it can be a machine, product or process. E.g. Penicillin is a discover therefore not patentable. But process of isolating and storing a penicillin is clearly industrial applications
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Reasons Why Firms Patent

Prevent copying Prevent Blocking Prevent suits Use in negotiations Enhance Reputation Licensing Revenue Measure Performance
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Patents Deter Innovation

Denying follow-on innovators access to necessary technologies Increasing entry barriers The expense required to avoid patent infringement The issuance of questionable patents

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Trademarks Act (1994, section 1(1)

Trademarks Act (1994, section 1(1)) being any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other understanding Trade Marks Should: Satisfy the requirements of section 1(1) Be distinctive Not be deceptive Not Cause confusion with previous trademarks

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3 main categories of Copyright

Original literary, dramatic, musical and artistic works Sound recordings, films, broadcasts and cable programmers Typographical arrangement or layout of a published edition

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Remedy Against Infringement

Damages Civil case to request for damages, which can be expected to be calculated on the basis of compensation for actual loss suffered Injunction Prohibits a person making infringing copies of a work of copy right Account Enables access to the profits made from infringement of copyright.

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Tutorial
1. Explain the importance of tacit knowledge to the technology transfer process 2. Explain how a firms internal activities affect its ability to acquire external technology

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