Patexia IP Matters Webinar SeriesThe Ins + Outs of Crowdsourcing

July 9th, 2015

Kyle HoellgerDirector, Client Solutions

Patexia

Disclaimer: Patexia is not a law firm and does not provide legal advice

Outline

❏ History of crowdsourcing

❏ Crowdsourcing solutions to IP challenges

❏ Sample crowdsourcing applications

❏ Prior art, estoppel, and the PTAB

❏ Future crowdsourcing initiatives

Patexia.Tweet @Patexia using #IPMatters with your questions.

❏ History of crowdsourcing

❏ Crowdsourcing solutions to IP challenges

❏ Sample crowdsourcing applications

❏ Prior art, estoppel, and the PTAB

❏ Future crowdsourcing initiatives

Patexia.Tweet @Patexia using #IPMatters with your questions.

History of Crowdsourcing

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1714 1936

Marine Pocket Clock

Invented

Toyota Logo Design Contest

1955

Sydney Opera House

Architecture

2001

Wikipedia

2002 2005 2010

American Idol

YouTube

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* The term “crowdsourcing” was joined by Jeff Howe in 2006.

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❏ History of crowdsourcing

❏ Crowdsourcing solutions to IP challenges

❏ Sample crowdsourcing applications

❏ Prior art, estoppel, and the PTAB

❏ Future crowdsourcing initiatives

Tweet @Patexia using #IPMatters with your questions.

The ProblemThe fundamental challenge facing the world of intellectual property is consistent and efficient access to high-quality technical information.

Symptoms: increased patent litigation, historic backlog at the USPTO, PTAB challenge success rate

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Crowdsourcing as a Solution

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Database A Database B Database C Database D

数据库 データベース بيانات قاعدة

Large, diverse networks...

...in multiple languages.

...with access to resources...

Building a Bridge

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SolversScience + Tech

Community

ProblemsIP Intensive Organizations

BridgeSimplify the problem

Translate to technical languageProvide communication channels

The Process

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Design a Challenge Crowdsource to Experts Moderate and Review

Company Interface

Questions

FilteredAnswers

Answers

❏ History of crowdsourcing

❏ Crowdsourcing solutions to IP challenges

❏ Sample crowdsourcing applications

❏ Prior art, estoppel, and the PTAB

❏ Future crowdsourcing initiatives

Patexia.Tweet @Patexia using #IPMatters with your questions.

IP Applications of Crowdsourcing

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Protection Monetization / Commercialization Analysis

Properly valuing intellectual property is a unique challenge.

The three core components are validity, infringement, and market size.

Crowdsourcing IP Protection

Use Cases: Patentability, Patent Validity, Freedom to Operate

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Design technical questions from patent claims or disclosures, crowdsource relevant art, gather responses and build claim charts to determine patent validity or viability.

Protection

Crowdsourcing IP Monetization

Use Cases: Evidence of Use, Lead Generation

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Design technical questions from patent claims, crowdsource examples of potential infringement, gather responses and build claim charts to support patent licensing.

Monetization / Commercialization

Crowdsourcing IP Analysis

Use Cases: Market Research

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Design technical and non-technical questions related to markets of interest, crowdsource opinions, gather responses and build meaningful consensus from the data.

Analysis

❏ History of crowdsourcing

❏ Crowdsourcing solutions to IP challenges

❏ Sample crowdsourcing applications

❏ Prior art, estoppel, and the PTAB

❏ Future crowdsourcing initiatives

Patexia.Tweet @Patexia using #IPMatters with your questions.

Conopco (Unilever) v. P&GDecember 10th, 2014 PTAB decision denying IPR petitioner’s request for rehearing of non-institution.

Raised “substantially the same prior art or argument” as the first petition.

Petitioner was estopped from using new art in a second petition that was known or available at time of first petition.

Take Away: need best prior art right away, no more “two bites at the apple”

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❏ History of crowdsourcing

❏ Crowdsourcing solutions to IP challenges

❏ Sample crowdsourcing applications

❏ Prior art, estoppel, and the PTAB

❏ Future crowdsourcing initiatives

Patexia.Tweet @Patexia using #IPMatters with your questions.

Future Crowdsourcing Initiatives

Idea generation and technical problem solving through NASA Tournament Lab.

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Ongoing conversation with the USPTO about implementing a crowdsourcing system for third party pre-issuance submissions of prior art.

Upcoming WebinarsThank you for attending The Ins + Outs of Crowdsourcing webinar!

Next Webinar: Thursday, August 6th at 10:30 AM PT. This talk will cover IP Valuation - Understanding the Financial Value of IP Assets and will be given by Efrat Kasznik, President of Foresight Valuation Group.

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Questions and Suggestions

For questions, please tweet @Patexia using #IPMatters

For anything else, please contact me at kyle@patexia.com or (424) 272-0239

The slides will be available on SlideShare and the video will be available on YouTube

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