Browsing by Author "Hartwell, Ian P."
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Item Open Access Commercial versus Legal Approaches: Alternative Strategies to Resolving Third- Party IPR Issues Confronting New Ventures(2009-01-01T00:00:00Z) Hartwell, Ian P.; Molian, DavidFor many technology-based ventures, whether classic start-ups or corporate ventures, the viability of the business rests on intellectual property rights (IPR). The costs of registering and protecting IPR are well documented and often present a significant obstacle for entrepreneurs to overcome. In addition to these are the costs of inappropriate forms of due diligence, often involving IPR investigation, evidenced in the work of Molian and Solt (2002). "Conventional" due diligence outcomes involving IPR can create a limited set of options leading to the abandonment of a promising opportunity, where IPR - in particular patents - owned by a third-party are seen as the major stumbling-block. In this paper the authors present alternative, "commercial" approaches to dealing with the issues of third-party IPR ownership, which can circumvent the original problem. Unfortunately such strategies are often not considered by advisers. The approaches examined are based on examples drawn from the automotive industry, but the authors argue that both principles and application have wider relevance across industry and in particular to resource-constrained start-up businesses.Item Open Access Intellectual Property Business Models - A Study of Xaar plc, 2000 to 2009(2010-12-02) Hartwell, Ian P.A 1999 report by investment bank CSFB considered five early-stage companies operating an intellectual property (IP) licensing business model and proposed certain success factors for such companies. The performance of one of the five companies, Xaar plc, has been studied for the ten years since the CSFB report was written, revealing that only some of the factors actually made a positive contribution to Xaar’s success. The role of IP in Xaar’s income has also been considered, together with the various non-IP factors acknowledged by Xaar as contributing to its success. The results are relevant to today’s early-stage engineering companies looking to use IP to best effect.Item Open Access Patent portfolio structure for single technology companies(Cranfield University, 2004-07) Hartwell, Ian P.; Reeves, RichardSingle technology companies (STCs) are defined in this thesis as companies that (a) have the fundamental rights to a new technology, (b) have development of that technology as their core competence, (c) seek to exploit that technology primarily by licensing the patent rights, and (d) are driven primarily by 'technology push'. These factors often result in much of the value of the STC residing in its patent portfolio. This in turn may place significant - and often conflicting - demands on the Intellectual Property (IP) Manager of the company. A review of the literature reveals a lack of guidance for the IP Manager, exacerbated by inconsistent terminology. To provide the IP Manager with suitable tools, this thesis explores the logic behind patent portfolios, optimal patent portfolio structure for STCs and a risk management (RM) approach to patents. Three stages in the patenting decision process are identified together with associated responsibilities, some of which extend beyond the IP department. Fundamental concepts of external Risk Factors/intemal Objectives and Patent Relationships are also proposed. A real-life patent portfolio belonging to an actual STC is reviewed, with a previously abstract literature method being adapted to depict that portfolio. Several Patent Relationships are found and the hitherto unexplored characteristic of 'Advantage' is identified as a way of showing other Patent Relationships. When applied to a second real-life portfolio, this reveals a new model for patent portfolio structure - the three- dimensional Scope/Advantage/Integration diagram - as well as highlighting that portfolio structure is determined by Risk Factors and Objectives that will be different for each STC. The thesis finishes with an examination of patent risk, particularly patent invalidity. Invalidity modes in Europe and the US are considered in detail and a comprehensive review of patent data sources is carried out. Results from two previously unexplored data sources are found to be consistent with trends proposed in the literature.