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About
MIHR
PIPRA
Fiocruz, Brazil
bioDevelopments- Institute
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Why This Topic Is Important
The processes of market discovery and market formation often occur simultaneously for early stage
technologies, which presents great challenges for those seeking to license them. This section discusses
the nature of market opportunities for new technologies and how technology transfer can best approach
them. For this scientist, this means stepping outside of the world of science, and looking back on your
invention to see it for the first time how the rest of the world sees it.
Key Implications and Best Practices: Setcion 12
Given that IP management is heavily context specific, these Key Implications and Best Practices are intended as starting points to be adapted to specific needs and circumstances.
- The “unique selling proposition” of your technology—in other words, the features, advantages, or benefits it offers—is probably not the science behind the technology. The science behind an invention is usually not its selling point.
- Technology marketing is a process by which owners of a technology create relationships, between themselves and potential users, that will enable the technology to be developed and made widely available, through commercialization or other methods.
- Negotiating between public and private sectors ought not be confrontational and should be seen as an opportunity to forge a long-lasting and mutually beneficial relationship. Put differently, negotiating a fair licensing agreement should not be seen just as a process of “bargaining” toward a win-win outcome.
- You should think about the practical applications of your inventions. Or dream about them! And share your ideas about what applications you think your invention might have. Good marketing makes a technology understandable and attractive to buyers.
- As much as your science may be interesting and fascinating, when you speak to potential licensees or investors, it is often best not to place emphasis on the science. Rather, in extremely simple language, stress the potential applications of your invention.
- Remember to keep an eye on newly published patents and patent applications. They can help inform R&D decisions and keep you abreast of the latest technical developments in your field.
- Collaborations create contacts. Contacts build networks. Networks provide opportunities.
- Your contacts and network can help your technology transfer office’s marketing efforts. For example, private sector colleagues may facilitate licensing deals with their organizations.
 Abstract
Business Partnerships in Agriculture and Biotechnology that Advance Early-State Technology
by Martha Dunn, Brett Lund, Eric Barbour
Abstract:
Given the expertise of large agricultural companies with respect to product development from cutting-edge research, these companies often choose to in-license technologies from small biotechnology companies and universities rather than relying solely on in-house efforts. This chapter provides an overview of the interest of large industry players in sourcing early-stage technologies from companies, how best to communicate those opportunities to companies, and what to expect in terms of valuing the technology and structuring a licensing deal. Large companies are generally interested in creating new products or new technologies that are commercially viable and that help establish sustainable agricultural economies. But, in addition, they generally support providing products and technologies that bolster subsistence farming and humanitarian efforts, while recognizing the need to protect the company’s intellectual property against unauthorized uses for commercial or other unintended purposes.
Abstract
IP Portfolio Management: Negotiating the Information Labyrinth
by Jeremy Burdon
Abstract:
The management of intellectual property is all about managing innovation with the procedures and processes that are required to turn that innovation into valuable patent rights. A truly strategic approach to IP management will span conception to product market release. Integrating IP management into the R&D, advance development, and product development cycles seamlessly provides opportunities to gain and enhance IP protection while offering the potential to reduce risk and lower costs. The following chapter discusses some of the key elements of IP portfolio management and how the combination of the right IP tools, procedural know-how, and organizational attributes and behaviors can contribute to successful implementation.
Abstract
Negotiating an Agreement: Skills, Tactics, and Best Practices
by Richard T. Mahoney
Abstract:
License negotiations involve substantial real or potential value. They therefore should be supported by a team of experts. The essential skills and expertise needed for conducting successful negotiations include: business strategy and development for leading the negotiations, marketing for estimating commercial potential, law for evaluating IP and patents and carrying out a variety of related tasks, science and medicine for evaluating new and potential health products, manufacturing and production know-how to determine equipment and additional training needs, and finance for analyzing input from other experts on the team to combine into a comprehensive report. The strength of such a team is in its interdisciplinary composition; each of the skill areas can complement the other. From the perspective of international licensing, licensors can seek to improve the availability of health products in developing countries, possibly moving from the “traditional” approach to licensing toward one that incorporates public sector needs. The best approach for a public sector organization negotiating an agreement with a private sector entity is usually to offer initial terms that the organization would be willing to agree to if it were on the other side of the table. Negotiating a fair licensing agreement should not be seen as a process of “bargaining.” Rather, a licensing agreement is establishing, in written form, the rules of operation for an ongoing relationship where mutual trust and confidence will be necessary for success.
Abstract
Patent Licensing for Small Agricultural Biotechnology Companies
by Clinton H. Neagley
Abstract:
A small agricultural biotechnology (agri-biotech) company needs to establish a strong IP portfolio. Such a portfolio provides a foundation for R&D, encourages outside investment and funding, and supports product commercialization. An important step in establishing an IP portfolio is in-licensing patent rights from third-party patent holders. Nonexclusive licenses typically give a company freedom to operate and open up the possibility of creating commercializable products. Exclusive licenses give a company an exclusive position for commercialization under the patents in question.
This chapter discusses in-licensing as it applies to small agri-biotech companies. It describes the types of technologies that may be subject to in-licensing, the procedures attendant upon in-licensing, and the terms that may be delineated by in-licenses.
Abstract
Product Development and IP Strategies for Global Health Product Development Partnerships
by Sandra L. Shotwell
Abstract:
The mission of global health product development partnerships (PDPs) is to develop effective, affordable health products and make them available and affordable to those in need. The not-for-profit product development partnerships (PDPs) often seek for-profit partners to access essential technology, expertise, and resources. These may be early-stage companies, leveraging philanthropic and government resources to develop a platform technology or established companies building out from existing markets or testing new technologies. Such not-for-profit/for-profit partnerships require unique product development and IP (intellectual property) strategies that both recognize the company’s need for commercial benefit and deliver important health products to developing countries.
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