2.5.2 The challenges of intellectual property to exploit an innovation 2/3

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来自 École Polytechnique 的课程

Creating and Developing a Tech Startup

31 个评分

École Polytechnique

Creating and Developing a Tech Startup

31 个评分

This course will allow you to identify and evaluate opportunities for creating a tech business, and to better understand its principal issues on a human, technical, commercial, environmental and financial level. As such, you will obtain solid foundations either for building your own tech business, or for joining one. Deciding to create or to join a tech business in these early years is an out-of-the-ordinary adventure, and it certainly won’t be straightforward: you need to be ready to accept that not all "good" ideas will lead to success, and that only a very small number of projects lead to great success. You must learn to overhaul your relationship with failure, which is a valuable source of experience and should be managed according to the logic of “acceptable loss”: the entrepreneur loves uncertainty, not excessive risk. The creation of tech businesses gives you a genuine opportunity to change the world, but requires you to adopt a particular state of mind and to be able to acquire knowledge, know-how and interpersonal skills. You will have the chance to work alongside passionate and exciting people from a whole multitude of backgrounds. From a technological point of view, these women and men have constructed numerous companies of a global scale. The development trajectory of a tech business is full of mishaps which require you to be both agile and greatly prepared to build on a strong idea, choose your market, develop your proposal, assemble a team worthy of the task in hand, and finding financing. The course is made up of methodological sessions as well as first-hand accounts from entrepreneurs and people who have succeeded in creating tech businesses themselves. You will thus be able to get to know the essential dilemmas with which high-tech business creators are confronted with, beginning with the initial decision to set up your very own structure, which itself represents a significant life decision. You will also see that the creation of a tech business is much more a collective adventure than an individual one. In the English version, all of the reading content, quizzes and assesments will be in English, whilst the videos will have French audio and English subtitles.

从本节课中

Fostering the development of your concept

This session will familiarize you with the principal steps for bringing an innovative project to fruition. Among other things, we will evoke the fundamentals of managing a project and the knowledge acquisition process that enables you to make crucial decisions for the company over time. We will also investigate the principal pillars of your strategic project and suggest some guidelines for the company strategy. You will be asked to understand the dynamics of the market that you are targeting and to identify what it takes to be leader in your segment. Your margin for maneuver will not be the same if your innovation creates a new market versus if it substitutes an existing offer. We will also invite you to analyze the customer-perceived utility value, in terms of benefits as well as sacrifices. Finally, we will tackle an essential aspect concerning the valorization of a technology and the development of a company – intellectual property – and give you several solutions in order to use it wisely.

2.1 Introduction1:03

2.2 The key steps to bringing an innovative project to fruition.13:50

2.3 The fundamentals of the company’s strategy.14:57

2.4 Innovative strategies: the typology and value perceived by the customer.17:49

2.5.1 The challenges of intellectual property to exploit an innovation 1/38:36

2.5.2 The challenges of intellectual property to exploit an innovation 2/311:44

2.5.3 The challenges of intellectual property to exploit an innovation 3/39:08

与讲师见面

Romain Beaume
Chargé Mission chaire MIX
50% Ecole polytechnique + 50% ParisTech
Etienne Krieger
Affiliate Professor
Entrepreneurship and Innovation

In Europe and in the world, the modern economy is based on

the free flow of knowledge, goods and products.

The intellectual property is an exception as it is legitimate

to reserve a situation which is privileged towards the one who dares

to innovate, to create instead of

having the work done by someone and take advantage of it.

This logic leads to different forms of protection being defined

by industrial property titles.

These kinds of intellectual properties are used to protect several types of

creation and innovation. We will look over the tool box

that the code of intellectual property offers.

This tool box contains different objects that we are going to analyse

in a few more details.

You know about the patent, protecting your invention,

so a technical solution to a technical issue,

the design right allows you to protect the design of the product,

the trademark protects a distinguishing feature,

and the copyright protects intellectual works,

any type of creation.

But you must be aware of this:

nothing makes it possible to seize an idea, a notion.

Let's start with the trademark.

You all know that trademark protects

a distinguishing feature or service.

A trademark can have many shapes;

it can be a creative word like 'Crunch' for a chocolate brand, a noun whose

meaning is changed, like 'Apple' for example in computing,

it can be an acronym like HEC, a number like 501 for clothes,

a logo, like a comma for Nike, or even the shape of a product, for

example the shape of Orangina bottles, or of Courte Paille restaurants, which

make it possible to identify this restaurant among all the others.

A trademark is protected for ten years and can be indefinitely extended,

some trademarks have been protected for more than a hundred years.

A trademark protects a product or products or services

indefinitely. A 'Mont Blanc'

trademark can be registered for pens for example, it doesn't

prohibit someone from using it for a chesnut cream particularly if they

registered this trademark themselves for other products and services.

How much does registering a trademark cost?

In France it costs a few hundred euros, around 200 euros for registering

online for three categories, protection

abroad will be more expensive, a few thousand euros.

The second type of protection is the design right

which protects the esthetic shape of the product, its design.

The design right has been protected for 25 years in France,

it is used for decorative articles which may be industrial or

intended for fashion for example.

Even in the industrial field, design

esthetics are an important aspect,

you can obviously see it in the 'Apple' products for example, so for a company

with an induswtrial activity this right musn't be ignored.

Copyright is another type of protection which protects widely

any intellectual work provided

that this intellectual work is original, stands out,

in other words it must carry the trace of its author's personality.

What can be protected by copyright are: literary or scientific texts,

cinematic or audiovisual works, MOOCs, photographies, computer programms -

for computer programms, not only the

code will be protected but also its preparatory design documentation,

its graphic interfaces, its user's manuals, etc.

Beware, copyright doesn't protect

underlying ideas but simply their formalisation.

The protection lasts 70 years from the author's death, it is a little bit less

for softwares, 50 years after the first

distribution but it is very comfortable. The advantage

of copyright is that it doesn't require any preliminary registration.

It is gained from the design of the work, however it is recommanded

to make a registreation to prove the nature

and date of creation, it can be a registration at a bailiff's,

at LOGITAS or APP if it is a software,

it can be a sealed envelope to the French engineers and scientists,

it reinforces the ability to claim this copyright.

Finally, the patent.

A patent protects an invention,

in other words it is a technical solution to a technical issue.

There are two parts in a patent.

A first part called description which

must describe the invention in a clear and complete way so that

the invention can be achievable according to an example of realisation.

A prototype is not necessary for this,

but you must be able to describe all the characteristics that will allow

a person working on this field to make this invention.

The second part is the most important,

from a legal point of view, it is claims.

Claims precisely define the legal effect of the protection.

An invention must be new to be patentable.

It means that it musn't be already known and found in a non-confidential

accessible document.

So remember to register your patent application before you

even present your invention to a non-confidential third party.

It is important for the invention to meet the inventive activity criteria.

In other words, it musn't obviously

result from the state of the art.

And finally, as I said,

it must be described in a clear and complete way.

It is not about registering a patent application only based on

a simple notion whose characterisation

hasn't been realised yet to be achievable.

Softwares are a particular case.

Software patents, or to speak in

juridical terms, inventions made by computers, was much

written about and opened big debates.

You should know that jurisprudence has now been stabalised and

accepts a computer programm to be patentable as long as it

offers a technical solution to a technical issue.

For example, if it is a computer programme for compression and

decompression of datas solving

technical issues; the size of a file or the necessary

bandwidth to transfer a file.

It led to several hundreds of patents which

now match the MPEG standards.

However, business methods, computer programms which are not conceptual

and abstract are not patentable.

Since a few years, the United States have fallen into line with the

European position by denying the validity of patents of

intellectual methods in its current form.

So this musn't be forgotten by start ups,

in particular when they develop projects

with an important part of computer development.

So, how can you identify if it is patentable or not?

We will give you more details in the next unit,

but you should already know that the best way to answer this question is

to look for similar patents that have already been published.

To do this you can access data bases for free - Epoline, Espacenet -

there is also a very good Google Patents database where you can look for

patents which are close to your project and determine what makes you different

compared to what is described and taught in these prior documents.

This first exercise will allow you to see what patents are

registered in your field of activity, who registers them, what they

are about and to better understand the importance of the technical choices

that you made to differ from what already exists.

This distinction helps you define

what would be the subject of the patent and write a patent application,

which is a relatively technical exercise and deserves

to be guided by a patent agent.

This leads to a first registration in France and then to an extension

abroad the following year.

Here are a few words about the savoir-faire.

Savoir-faire is about skills.

Savoir-faire is defined as a substential and formalised group of

secret knowledge.

If you want to boast savoir-faire, be organised and keep your

knowledge in a laboratory notebook,

in a report that makes it possible to identify it and to boast

it in agreements with third parties.

How much does it cost?

A trademark is a few hundreds of euros, a patent a few thousands of euros,

typically, a French patent registration costs around 4,000 euros,

300 euros being taxes, design right is also a few hundreds of euros,

the expansion of budgets is meaningful, but

it is not completely deterrent, even for a start up.

To summarise, to enter the property policy of industrial

policy, you should know how to determine what your competing

advantage is. Is it the name, the design or technology?

Define the best industrial property mix in order to protect

your project efficiently without spending too much money.

And, above all, anticipate your deployment on the market

abroad in order to built strong industrial property

rights from the beginning of your company.

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