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ActionIntel
© 2014 Emerging Strategies, LLC
intelligence driving action for optimizing return from commercial and IP interests
Don’t give me a lot of stuff to read, just tell me what I need to do . . .
Overworked GCs and CEOs have told us . . .
ActionIntel
© 2014 Emerging Strategies, LLC
intelligence driving action for optimizing return from commercial and IP interests
Is my business is covered?
Is my business wasting money on unnecessary IP?
But they also worry about . . .
ActionIntel
© 2014 Emerging Strategies, LLC
intelligence driving action for optimizing return from commercial and IP interests
ACME PROUDLY ANNOUNCES
Coming this July . . .
Automobile A is being upgraded with a better anti-lock braking system!
Happy Braking!ACME
Let’s look at a typical scenario (goods/services perspective) . . .
ActionIntel
© 2014 Emerging Strategies, LLC
intelligence driving action for optimizing return from commercial and IP interests
Does upgrading a feature impact whether your business is covered?
Does upgrading a feature impact whether your business is wasting money on unnecessary IP?
Does information about upgrading feature tell you what to do?
ActionIntel
© 2014 Emerging Strategies, LLC
intelligence driving action for optimizing return from commercial and IP interests
YES!
YES!
NO!
Does upgrading a feature impact whether your business is covered?
Does upgrading a feature impact whether your business is wasting money on unnecessary IP?
Does information about upgrading feature tell you what to do?
ActionIntel
© 2014 Emerging Strategies, LLC
intelligence driving action for optimizing return from commercial and IP interests
Dear Client:
A patent maintenance fee is due for Patent X. Please authorize paying the fee.
Have a nice dayYour “full service” law firm
Let’s look at another typical scenario (IP perspective) . . .
ActionIntel
© 2014 Emerging Strategies, LLC
intelligence driving action for optimizing return from commercial and IP interests
Does a patent maintenance fee deadline notice impact whether your business is covered?
Does a patent maintenance fee deadline notice impact whether your business is wasting money on unnecessary IP?
Does a patent maintenance fee deadline notice tell you what to do?
ActionIntel
© 2014 Emerging Strategies, LLC
intelligence driving action for optimizing return from commercial and IP interests
YES!
YES!
NO!
Does a patent maintenance fee deadline notice impact whether your business is covered?
Does a patent maintenance fee deadline notice impact whether your business is wasting money on unnecessary IP?
Does a patent maintenance fee deadline notice tell you what to do?
ActionIntel
© 2014 Emerging Strategies, LLC
intelligence driving action for optimizing return from commercial and IP interests
To know what to do and whether your business is covered and not wasting money on unnecessary IP, you need:
1. Context: interrelationships among impacted goods/services, features and IP matters;
2. Brief explanations of concerns involving the goods/services, features and IP matters; and
3. Action options for addressing each concern.
ActionIntel
© 2014 Emerging Strategies, LLC
intelligence driving action for optimizing return from commercial and IP interests
ActionIntel:1. Provides context: interrelationships among impacted goods/services, features and IP matters
ActionIntel
© 2014 Emerging Strategies, LLC
intelligence driving action for optimizing return from commercial and IP interests
ActionIntel:1. Provides context: interrelationships among impacted goods/services, features and IP matters;2. Explains concerns involving the goods/services, features and IP matters
ActionIntel
© 2014 Emerging Strategies, LLC
intelligence driving action for optimizing return from commercial and IP interests
ActionIntel:1. Provides context: interrelationships among impacted goods/services, features and IP matters;2. Explains concerns involving the goods/services, features and IP matter; and3. Provides action options for addressing each concern.
ActionIntel
© 2014 Emerging Strategies, LLC
intelligence driving action for optimizing return from commercial and IP interests
Selecting action options in view of the context and concerns of interrelated goods/services, features and IP matters provides confidence that your business is:
1. covered; and2. not wasting money on unnecessary IP.
ActionIntel
© 2014 Emerging Strategies, LLC
intelligence driving action for optimizing return from commercial and IP interests
Let’s see how it works . . .
ActionIntel
© 2014 Emerging Strategies, LLC
intelligence driving action for optimizing return from commercial and IP interests
The basics: businesses sell goods/services now
US Automobile BAvail 03/03/12
CA Automobile CAvail 12/15/15
US Automobile AAvail 05/20/04Disc 11/04/14
ActionIntel
© 2014 Emerging Strategies, LLC
intelligence driving action for optimizing return from commercial and IP interests
. . . and in the future.
US Automobile BAvail 03/03/12
CA Automobile CAvail 12/15/15
US Automobile AAvail 05/20/04Disc 11/04/14
ActionIntel
© 2014 Emerging Strategies, LLC
intelligence driving action for optimizing return from commercial and IP interests
Some goods/services are discontinued in the future.
US Automobile BAvail 03/03/12
CA Automobile CAvail 12/15/15
US Automobile AAvail 05/20/04Disc 11/04/14
ActionIntel
© 2014 Emerging Strategies, LLC
intelligence driving action for optimizing return from commercial and IP interests
Goods/services have features that customers like and that distinguish over the competition.
US Automobile BAvail 03/03/12
CA Automobile CAvail 12/15/15
ABS-1Avail 01/01/05Disc 07/07/14
AutoParkAvail 01/01/14
ABS-2Avail 07/18/11Disc 01/23/15
Heads-Up DisplayAvail 02/07/13
AutoParkAvail 01/01/14
AutoParkAvail 01/01/14
Brand CAvail 12/15/15
Brand AAvail 05/20/04
Tire Inflation MaintenanceAvail 02/01/14
Brand BAvail 03/03/12
US Automobile AAvail 05/20/04Disc 11/04/14
ActionIntel
© 2014 Emerging Strategies, LLC
intelligence driving action for optimizing return from commercial and IP interests
US Automobile BAvail 03/03/12
CA Automobile CAvail 12/15/15
AutoParkAvail 01/01/14
ABS-2Avail 07/18/11Disc 01/23/15
Heads-Up DisplayAvail 02/07/13
AutoParkAvail 01/01/14
AutoParkAvail 01/01/14
Brand CAvail 12/15/15
Brand AAvail 05/20/04
Tire Inflation MaintenanceAvail 02/01/14
Brand BAvail 03/03/12
Some features also may be available now or in the future, or discontinued.
ABS-1Avail 01/01/05Disc 07/07/14US Automobile A
Avail 05/20/04Disc 11/04/14
ActionIntel
© 2014 Emerging Strategies, LLC
intelligence driving action for optimizing return from commercial and IP interests
More basics: businesses acquire IP interests (patents, trademarks, etc.)
Patent 1Filed 050595Issued 07/21/97
Patent 2Filed 06/12/12
Patent 3*Not Filed
Patent 4Filed 01/01/12
Trademark 1Filed 021504Issued 07/30/04
Trademark 3Not Filed
Trademark 2Filed 030311Issued 09/03/11
ActionIntel
© 2014 Emerging Strategies, LLC
intelligence driving action for optimizing return from commercial and IP interests
IP interests have unique claims that define unique structures of or sources for goods/services.
ABS-1
ABS-2
AutoPark
Lubricant effectiveness analytics
Brand A
Brand C
Brand B
Patent 1Filed 050595Issued 07/21/97
Patent 2Filed 06/12/12
Patent 3*Not Filed
Patent 4Filed 01/01/12
Trademark 1Filed 021504Issued 07/30/04
Trademark 3Not Filed
Trademark 2Filed 030311Issued 09/03/11
ActionIntel
© 2014 Emerging Strategies, LLC
intelligence driving action for optimizing return from commercial and IP interests
A business is covered when at least one feature of a good/service relates to at least one pending or enforceable IP claim . . .
US Automobile BAvail 03/03/12
CA Automobile CAvail 12/15/15
AutoParkAvail 01/01/14
ABS-2Avail 07/18/11Disc 01/23/15
Heads-Up DisplayAvail 02/07/13
AutoParkAvail 01/01/14
AutoParkAvail 01/01/14
Brand CAvail 12/15/15
ABS-1
ABS-2
AutoPark
Lubricant effectiveness analytics
Patent 1Filed 050595Issued 07/21/97
Patent 2Filed 06/12/12
Patent 3*Not Filed
Patent 4Filed 01/01/12
Brand AAvail 05/20/04
Tire Inflation MaintenanceAvail 02/01/14
Brand BAvail 03/03/12
Brand ATrademark 1Filed 021504Issued 07/30/04
Brand C Trademark 3Not Filed
Brand BTrademark 2Filed 030311Issued 09/03/11
ABS-1Avail 01/01/05Disc 07/07/14US Automobile A
Avail 05/20/04Disc 11/04/14
ActionIntel
© 2014 Emerging Strategies, LLC
intelligence driving action for optimizing return from commercial and IP interests
And the business is not wasting money on IP when at least one claim of an active IP matter relates to at least one feature of a good/service . . .
US Automobile BAvail 03/03/12
CA Automobile CAvail 12/15/15
AutoParkAvail 01/01/14
ABS-2Avail 07/18/11Disc 01/23/15
Heads-Up DisplayAvail 02/07/13
AutoParkAvail 01/01/14
AutoParkAvail 01/01/14
Brand CAvail 12/15/15
ABS-1
ABS-2
AutoPark
Lubricant effectiveness analytics
Patent 1Filed 050595Issued 07/21/97
Patent 2Filed 06/12/12
Patent 3*Not Filed
Patent 4Filed 01/01/12
Brand AAvail 05/20/04
Tire Inflation MaintenanceAvail 02/01/14
Brand BAvail 03/03/12
Brand ATrademark 1Filed 021504Issued 07/30/04
Brand C Trademark 3Not Filed
Brand BTrademark 2Filed 030311Issued 09/03/11
ABS-1Avail 01/01/05Disc 07/07/14US Automobile A
Avail 05/20/04Disc 11/04/14
ActionIntel
© 2014 Emerging Strategies, LLC
intelligence driving action for optimizing return from commercial and IP interests
ABS-1
US Automobile A
US Automobile B
CA Automobile C
AutoPark
ABS-2
Heads-Up Display
AutoPark
AutoPark
Brand C
ABS-1
ABS-2
AutoPark
Lubricant effectiveness analytics
Patent 1Filed 050595Issued 072197
Patent 2Filed 061212
Patent 3*Not Filed
Patent 4Filed 010112
Brand A
Tire Inflation Maintenance
Brand B Brand ATrademark 1Filed 021504Issued 073004
Brand C Trademark 3Not Filed
Brand BTrademark 2Filed 030311Issued 090311
Or else . . .• A good (Automobile C) is not covered and can be copied, limiting ROI; and/or• An IP interest (Lubricant effectiveness analytics) does not cover a good and wastes resources (time,
money) that should be spent developing or protecting goods
ActionIntel
© 2014 Emerging Strategies, LLC
intelligence driving action for optimizing return from commercial and IP interests
ABS-1
US Automobile A
US Automobile B
CA Automobile C
AutoPark
ABS-2
Heads-Up Display
AutoPark
AutoPark
Brand C
ABS-1
ABS-2
AutoPark
Lubricant effectiveness analytics
Patent 1Filed 050595Issued 072197
Patent 2Filed 061212
Patent 3*Not Filed
Patent 4Filed 010112
Brand A
Tire Inflation Maintenance
Brand B Brand ATrademark 1Filed 021504Issued 073004
Brand C Trademark 3Not Filed
Brand BTrademark 2Filed 030311Issued 090311
Disconnection often happens over time as goods/services are upgraded, that is, dropping and adding features, with the dropped features disconnecting the good from whatever IP claim covers the feature and the added feature potentially needing IP coverage.
ActionIntel
© 2014 Emerging Strategies, LLC
intelligence driving action for optimizing return from commercial and IP interests
Whether a business is covered and/or wasting money on unnecessary IP and what to do to maintain essential coverage and minimum costs depend on understanding the existence, development and cessation of relationships among features, goods/services and IP interests.
Goods/Services
IP InterestsFeatures
ActionIntel
© 2014 Emerging Strategies, LLC
intelligence driving action for optimizing return from commercial and IP interests
Especially as the numbers of features, goods/services and IP interests increase!
Goods/Services
IP InterestsFeatures
ActionIntel
© 2014 Emerging Strategies, LLC
intelligence driving action for optimizing return from commercial and IP interests
The above example showed 3 goods that each could include any of 8 features that each could be covered by any of 7 IP claims, thus 80 relationships to understand.
goods-features 3 x 8 = 24features-claims 8 x 7 = 56
80
ActionIntel
© 2014 Emerging Strategies, LLC
intelligence driving action for optimizing return from commercial and IP interests
The above example showed 3 goods that each could include any of 8 features that each could be covered by any of 7 IP claims, thus 80 relationships to understand.
goods-features 3 x 8 = 24features-claims 8 x 7 = 56
80
As your business develops goods/services and features, the number of relationships grow, without ActionIntel, comprehension of whether your business is covered and/or wasting money on unnecessary IP becomes increasingly difficult and unreliable.
ActionIntel
© 2014 Emerging Strategies, LLC
intelligence driving action for optimizing return from commercial and IP interests
What about the big picture of all of our goods/services and IP matters?
ActionIntel
© 2014 Emerging Strategies, LLC
intelligence driving action for optimizing return from commercial and IP interests
What about the big picture of all of our goods/services and IP matters?
Answer:1. Snapshot: big picture metrics2. Commercial Interests Executive Summary: all goods/services3. Commercial Interests Hotsheet: only goods/services with
concerns4. IP Executive Summary: all IP matters5. IP Hotsheet : only IP matters with concerns
ActionIntel
© 2014 Emerging Strategies, LLC
intelligence driving action for optimizing return from commercial and IP interests
Snapshotgraphically reveals whether business is covered and not wasting resources on unnecessary IP matters by showing the interrelationship of:
Goods/Services
ActionIntel
© 2014 Emerging Strategies, LLC
intelligence driving action for optimizing return from commercial and IP interests
Snapshotgraphically reveals whether business is covered and not wasting resources on unnecessary IP matters by showing the interrelationship of:
Goods/Services
Features
ActionIntel
© 2014 Emerging Strategies, LLC
intelligence driving action for optimizing return from commercial and IP interests
Snapshotgraphically reveals whether business is covered and not wasting resources on unnecessary IP matters by showing the interrelationship of:
Goods/Services
Features
IP interests
ActionIntel
© 2014 Emerging Strategies, LLC
intelligence driving action for optimizing return from commercial and IP interests
SnapshotColor-coding draws attention to:
revenue-enhancing opportunities
cost-reducing opportunities
ActionIntel
© 2014 Emerging Strategies, LLC
intelligence driving action for optimizing return from commercial and IP interests
Commercial Interests Summary-groups goods/services by country
ActionIntel
© 2014 Emerging Strategies, LLC
intelligence driving action for optimizing return from commercial and IP interests
Commercial Interests Summary- groups goods/services by country-shows availability/ discontinuance for planning
ActionIntel
© 2014 Emerging Strategies, LLC
intelligence driving action for optimizing return from commercial and IP interests
Commercial Interests Summary- groups goods/services by country-shows availability/ discontinuance for planning-lists distinguishing features
ActionIntel
© 2014 Emerging Strategies, LLC
intelligence driving action for optimizing return from commercial and IP interests
Commercial Interests Summary- groups goods/services by country-shows availability/ discontinuance for planning-lists distinguishing features-shows concerns and action options for each feature
ActionIntel
© 2014 Emerging Strategies, LLC
intelligence driving action for optimizing return from commercial and IP interests
Commercial Interests Hotsheet-color-coded by urgency
ActionIntel
© 2014 Emerging Strategies, LLC
intelligence driving action for optimizing return from commercial and IP interests
Commercial Interests Hotsheet-color-coded by urgency-identifies feature of good/service triggering concern
ActionIntel
© 2014 Emerging Strategies, LLC
intelligence driving action for optimizing return from commercial and IP interests
Commercial Interests Hotsheet-color-coded by urgency-identifies feature of good/service triggering concern-explains concern
ActionIntel
© 2014 Emerging Strategies, LLC
intelligence driving action for optimizing return from commercial and IP interests
Commercial Interests Hotsheet-color-coded by urgency-identifies feature of good/service triggering concern-explains concern-provides action options
ActionIntel
© 2014 Emerging Strategies, LLC
intelligence driving action for optimizing return from commercial and IP interests
IP Interests Summary- groups IP matters by country
ActionIntel
© 2014 Emerging Strategies, LLC
intelligence driving action for optimizing return from commercial and IP interests
IP Interests Summary- groups IP matters by country-shows IP matter status
ActionIntel
© 2014 Emerging Strategies, LLC
intelligence driving action for optimizing return from commercial and IP interests
IP Interests Summary- groups IP matters by country-shows IP matter status-lists features covered
ActionIntel
© 2014 Emerging Strategies, LLC
intelligence driving action for optimizing return from commercial and IP interests
IP Interests Summary- groups IP matters by country-shows IP matter status-lists features covered-lists good/service that incorporates feature
ActionIntel
© 2014 Emerging Strategies, LLC
intelligence driving action for optimizing return from commercial and IP interests
IP Interests Summary- groups IP matters by country-shows IP matter status-lists features covered-lists good/service that incorporates feature-shows concerns and action options respecting each feature
ActionIntel
© 2014 Emerging Strategies, LLC
intelligence driving action for optimizing return from commercial and IP interests
IP Hotsheet-color-coded by urgency
ActionIntel
© 2014 Emerging Strategies, LLC
intelligence driving action for optimizing return from commercial and IP interests
IP Hotsheet-color-coded by urgency-identifies feature covered by IP matter triggering concern
ActionIntel
© 2014 Emerging Strategies, LLC
intelligence driving action for optimizing return from commercial and IP interests
IP Hotsheet-color-coded by urgency-identifies feature covered by IP matter triggering concern-explains concern
ActionIntel
© 2014 Emerging Strategies, LLC
intelligence driving action for optimizing return from commercial and IP interests
IP Hotsheet-color-coded by urgency-identifies feature covered by IP matter triggering concern-explains concern-provides action options
ActionIntel
© 2014 Emerging Strategies, LLC
intelligence driving action for optimizing return from commercial and IP interests
What about features not be attached to a good/service or IP matter?
ActionIntel
© 2014 Emerging Strategies, LLC
intelligence driving action for optimizing return from commercial and IP interests
What about features not be attached to a good/service or IP matter?
Answer: Features Hotsheet
ActionIntel
© 2014 Emerging Strategies, LLC
intelligence driving action for optimizing return from commercial and IP interests
Feature Hotsheet-color-coded by importance
ActionIntel
© 2014 Emerging Strategies, LLC
intelligence driving action for optimizing return from commercial and IP interests
Feature Hotsheet-color-coded by importance-explains concern
ActionIntel
© 2014 Emerging Strategies, LLC
intelligence driving action for optimizing return from commercial and IP interests
Feature Hotsheet-color-coded by importance-explains concern-provides action option
ActionIntel
© 2014 Emerging Strategies, LLC
intelligence driving action for optimizing return from commercial and IP interests
How does it work?In practice, the triple “A” plan:
1. Audita. take stock of commercial and IP interestsb. Business plan
2. Assess interrelationships among commercial and IP interests3. Apprize of action(s) needed respecting commercial and/or IP
interests that may be taken to advance a strategic business plan or manage unavoidable consequences.
PracticeAudit
ApprizeAssess