Beyond patents: Effective intellectual

property stratgy in biotechnology

Written by:
Therese Seldon
Research Background
• Commercialization of innovations requires IP
(Intellectual Property) management.
• Patents are the foremost means to protect IP in
biotechnology.
• A study has challenged the preconception that
patenting leads to heightened innovation.
• IP management will vary and effective IP strategy
must be shaped based on the purpose, positioning and
Research Objectives
• To encourage holistic approach of IP management that
can facilitate the effective IP management

To achieve those objectives, the following analysis uses

case studies
 Strategies:
Dimensions of IP Competitive
landscaping
Strategy Product development
Patent auditing

Strategies: Strategies:
• Complementary Effective • Legal protection
assets IP Strategy • Documentation
• Integrated IP • Tacit knowledge
management management
• Licensing • Defensive
• Litigation publication
• Vertical • Strategic patenting
integration

Figure 1. Components of an effective IP

strategy
1. Optimal Protection
PATENTING

Holds over 200 patents on its GeneChip

Platform
1. Optimal Protection
DEFENSIVE PUBLISHING
• A strategy used extensively in the computer industry
• Mechanism for advancing the prior art, forces
competitors to narrow their patent claims.
• Could be a cost effective alternative to add-on patents
2. Value Extraction
• Involves careful examination of an IP portfolio for
potential licensing, litigation and novel utilization
opportunities.
• Litigation, a win in court is a sufficient deterrent of
future challenges.
• Licensing behavior can also be a strategic licensing to
evading royalty payments.
3. Alignment with commercial strategy
• To sustain competitive advantage, many large firms
recognize the requirements of collaboration and
external inputs.
• The companies produce forced innovation, largely for
the purpose of avoiding IP infringement. This trend
has limited feedback network for developing
technologies.
• Several large companies profess to utilizing an open
Conclusion
• Synergistic combinations of IP can be the best
defensive position and the most cost effective
• The potential value of IP must be maximized through
revenue-generating channels including licensing and
litigation.
• All strategic decision concerning IP must be framed
with the context of the commercialization strategy and
the means of the enterprise.
Contribution
• Has revealed a common framework for managing IP and holistic
approach that can lead effective IP management in Biotechnology
industry.
Limitation and Further Research

• This study focuses on biotechnology industry, Other studies in other

industries are required to achieve generalization.
THANK
S!
Any questions?