copyright m. samejima 1 the enhancement of patent management to achieve competitiveness m.samejima...

Copyright M. Samejima1

The Enhancement of Patent Management to Achieve

Competitiveness

[email protected]

WIPOAsia and the Pacific Regional Workshop

2004.12.15 @ Shanghai


1 What is the mechanism of the patent regarding corporate management process?

2 What is the mechanism of the patent to enhance competitiveness of a corporation?

3 What shall be a patent achieving mechanism thereof?

Agenda Today


The Trend of Percentage of Intangible Asset in Corporate Value

70% 80%50%

0%

20%

40%

60%

80%

100%

1950 1970 1990 2010

value of tangibleassetvalue of intangibleasset


Brand Value Ranking by Inter Brand Corporation (2000)

ranking Brand Brand value of 2000 (US＄10 billion)

1 Coca-Cola 72.5

2 Microsoft 72.5

3 IBM 53.2

4 Intel 39.0

5 Nokia 38.5

6 General Electric 38.1

7 Ford 36.4

8 Disney 33.6

9 McDonald’s 27.9

10 AT&T 25.5

Brand Value Ranking, 2000


Preservation of Technology→Creating Bar towards Competitors~Patent application is the final method of developing process

Technology

Disappearance of Technology 　　　--loss of data--employee’s flow-out

Technology

Preservation of Technology

Bar towards competitor’s market entryｘ Patent

Technology

Patent application

Know-how handling


Intellectual Capital Management Model

(i)Valuable hum

an capital

(ii)Extraction as intel

lectual assets

Enhancement of corporate value

Mind

(iii)Meets market needs

1.developing &educating valuable human resources 2.extracting intellectual property from their brilliant mind 3.management enforcing corporate competitiveness by intellectual property

Study & Development handling

Education A

Intellectual property handling

Education B

Education C

Intellectual Property Strategy


Maintaining Market share and Patent strategyCase of Nichia Corporation

Sales

Profitability

Social contribution/Reputation

Maintaining & Keeping market share

ComplianceInitial market share

→it depends on quality of technology, marketing, promotion (not patent)

Keeping market share →it depends on law competitiveness like patent as well as product quality and cost.

Innovation

Brand

Promotion

Agreement

Quality

Patent


Establishing De facto Standard by Patent PoolThe case of Taiyo-Yuden Corp.

◇ Taiyo-Yuden’s process from development to sales

regarding CD-R

1981 　　 Taiyo-Yuden Corp. started developing CD-R

1988 　　 Taiyo-Yuden Corp. succeeded in developing CD-R

1989 Joint-company, Start-Lab Corp was established by investment

from Sony Corp. and Taiyo-Yuden Corp.

Taiyo-Yuden started test mass-production of CD-R

1990 　　 Taiyo-Yuden started mass-production of CD-R

1992 　　 CDW-900E was on sale.

1993 　　 CD-R Printable was on sale.

1994 1996 1998 2000 2002

400 750032000

290000

700000

0

200000

400000

600000

800000

Market Scale for CD- R the number of production（）


1.The gap of Technology

Competence

Technology Flow-out

2.Know-How Handling

Dominant position because of Good

Quality Production

Legal method such as Technology Transfer

3.The gap of Patent Competence

Elimination by Legal Method, Market Control

By License Contract

Technology Competition

N

Y

Y

N

Y

N

Technology Development

The Model to maintain Production Competitiveness

~ Technology Flow-out and Patent Competence

4.Mare Free Competition


Establish & Arrange

System

( Macro-Practical Method ）

Government（ Office ）

Each Organization

Introduction & Practice of Intellectual Capital Management

（ Micro-Practical Method ）Improvement of Our Nation’s International Competitiveness

Enhancement of Corporate Value

The way to Intellectual Property Nation

Present Status :The boom of Intellectual Property was over, and the practical stage has come


2 ％ of the Patents Gain 90% of Whole Revenue

If this “yield rate”could be enhanced ･･･


Patent which covers business market

1.Marketability（ Patents practiced by other parties）

2.Patent’s Ability（ Not easily invalidated nor diminished）

××

××

× ××

Prior artNovel

MarketabilityPatent’s Ability

What is “Good Patent”?


Consideration Patent into Decision Making Process of Developing Theme

×

× ×Future Market

×

× ×Present Market

××

××

Market Prediction= prediction of 5 years later market

nonsense

risk-taking

fine!


××

×

× ××

Future Market

×

× ×Market Shift

Present Market

Market Prediction

--PPM, CIAO, Patent Engineer--Management Rule/ Ruling Procedure--Database/IT wise

Mechanism to securemore sophisticated

management

The Management Theory Adopted By Corporations


The Aim of IP Management→ Increasing “Yield Rate”

Market Prediction

R&D

Patent Application

Prosecution

××××× ××MarketabilityPatent’s Ability

Time- Reduction

Claiming Theory/Patent Management

Linking Together with Market/ R&D/ Patent


Lecturer’s Profile

MASAHIRO SAMEJIMA (UCHIDA and SAMEJIMA LAW FIRM / Attorney at Law & Patent Attorney ）Tel 03-3549-1563 / fax 03-3549-1565 　 [email protected]

[Business & Professional Experience ]Mr. Samejima, a national of Japan, graduated from the Tokyo Institute of Technology in March 1985. He passed the Patent Attorney Examination and the National Law Examination in Japan in 1991 and 1996 respectively to become one of 10 peoples in Japan who have passed both examinations. From 1997-1999 he had legal training at the National Legal Training and Research Institute. Mr. Samejima was working in Metallurgy and Electric Engineering at FUJIKURA Ltd., from 1985 to 1992. From 1992 to 1997 he was with Patent Filing and Prosecution Practice at IBM Japan. He was with the Patent Litigation Practice at Ohba & Ozaki in 1999, and joined the Law Office of Matsuo & Kosugi till 2004. Since 2004, he is an Attorney at Law and a Patent Attorney as a partner of Uchida & Samejima Law Firm, Tokyo.[Service]His practice areas include Intellectual Property matters including various technology such as IT and material engineering, from filing to enforcement, as well as corporate governance and strategy on IP matter. [Work]Patent Strategy Hand Book(2003.3) 　

mailto:[email protected]

copyright m. samejima 1 the enhancement of patent management to achieve competitiveness m.samejima...

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