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Patents and Technology Transfer

Cornelis Schller - Group Head of Patents Patents and Technology Transfer Genve, 6th November 2007

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Finance & Control

Patents and Technology Transfer

Patents and Technology Transfer


Introduction

The

Patenting Process
Transfer in Theory Transfer in Practice

Technology Technology

Conclusion
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Patents and Technology Transfer

Introduction
Universities/public

research

Innogenetics

Nestl

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Patents and Technology Transfer

The

Patenting Process

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Patents and Technology Transfer

The Patenting Process


Exclusive

rights vs. Full disclosure

Encourage

scientific/technological development

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Patents and Technology Transfer

The Patenting Process


Patents are primarily used for,

Protection of R&D results

Preventing competitors from entering a certain field


Avoid being blocked out of a field by third parties Cross-license to get access to third party products and technologies Marketing tool Proof of innovativeness Selected licensing PR.
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Patents and Technology Transfer

The

Patenting Process Secrets

Trade

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Patents and Technology Transfer

Trade Secrets (1)


employees

move to other companies, including competitors more often there is no such thing as life-time employment anymore, is similar if not identical in terms of textbooks, handbooks,scientific journals etc., to information is universal via the internet,

education

access

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Patents and Technology Transfer

Trade Secrets (2)


access

to information is universal via the internet, information from inside or outside of a company is easy, internet or on discs etc. huge amounts of information can be transported unnoticed, industrial espionage is growing, think of the formula 1 wherein McClaren was accused of using Ferrari info.
Finance & Control

retrieving

via

Patents and Technology Transfer

The

Patenting Process Secrets

Trade

The

Current Situation
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Patents and Technology Transfer

Current situation
Patents

protect economic interests serve to attract investors

Patents

Patent

or perish

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Patents and Technology Transfer

Technology Transfer
..the

process of developing practical applications for the results of scientific research.

..the

process of transferring process and production technologies from one factory to another.
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Patents and Technology Transfer

Technology Transfer
Transfer

of Patent Rights and Trademarks of Technology

Transfer

Licensing

as the Core of a Larger Contractual Package


Finance & Control

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Patents and Technology Transfer

Key players
Universities/public

research

Innogenetics

Nestl

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Patents and Technology Transfer

Universities/public research
Bayh-Dole

Act(1980) gave universities control of their publicly funded patents, Prior to enactment the US goverment had 30,000 patents 5% of which were licensed Petitions for march-in rights have mostly been denied.
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Patents and Technology Transfer

Universities/public research
Association

of University technology managers 6000 members (w.w.) US univ. 3000 US patents/year. Research budget 40 billion USD, Licensing revenues 1.4 billion USD Top 5 institutes account for 91% of the revenues (Univ. Calif., Stanford, Harvard)
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Patents and Technology Transfer

University (Groningen)
The TLGs profile
Who are we and what do we do? The Transfer & Liaison Groep is a faculty department of the Office of the University of Groningen (RuG). We function as the main link between RUG academics on the one hand and authorities (local, regional and national) and the business community on the other. You can find us at the universitys Zernike Science Park.
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Innogenetics 2006
-

Product sales increased by 13.2% to reach 47.9 million Total revenues increased by 10.6% to reach 53.7 million Total income increased by 6% to 58.0 million Operating loss from continuing operations 25.7 million versus 20.0 million in 2005 Cash position 22.3 million
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Patents and Technology Transfer

Innogenetics products

(web site : Innogenetics (2007)


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Patents and Technology Transfer

Diagnostics
Diagnosis

Specialty Diagnostics
Predisposition profiling

Diagnosis Treatment Treatment selection Treatment Outcome Treatment monitoring

>23bn Growth 6%-7%*

>1bn Growth 15%*

Figure 1
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Patents and Technology Transfer

Specialty Diagnostics Partnerships


Distribution HCV genotyping Co-development rapid microbiology testing Out-licensing HIV-1 group O Bayer license fee, R&D funding, milestone payment, transfer price license fee, R&D funding, milestone payments, royalties

Roche

Abbott license fee, royalties Bayer Roche bioMrieux/O.T. Dade Behring Ortho-Clinical Diagnostics Roche license fee, royalties

HCV genotyping

Figure 2

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Patents and Technology Transfer

Nestl in Figures 2006



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Worldwide Sales: EBIT: Net Profit: Factories: Employees: Organic Growth: R&D Expenditure (F&B):

CHF 98,458 billion CHF 13,302 billion CHF 9,197 billion 481 in 87 countries Around 265,000 6.2 % CHF 1.7 billion
(1.8% of sales)
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Patents and Technology Transfer

Sales by region
Percentage of total F&B sales in 2006
Europe 38.3%
Americas 42.4% Africa, Asia, Oceania 19.3%

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( Excluding globally managed businesses ( Pharmaceutical, Nestl Waters, Nestl Nutrition)


Finance & Control

PatentsPatents and Technology Transfer and Technology Transfer

Sales by Product Group in 2006


Alcon Laboratories, Galderma 26.3% Beverages Nescaf, Nesquik, Milo, Nestea, Perrier, San Pellegino

Chocolate Kit Kat, Smarties, Confectionery 11.6% Crunch, After Biscuits Eight 17.9%

25.8%
Milk Products Nutrition Nestl, NAN, NIDO, Dreyer's, Mvenpick

Cooking Aids Ice Cream 11.6% Prepared Dishes PetCare


Stouffer's, Buitoni, Maggi Pro Plan, Purina ONE, Friskies, Dog Chow

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Patents and Technology Transfer

2006 World's largest Food and Beverage Companies


Nestl's top competitors in 2006
80 70 60

Food Sales (in bn USD)

50 40 30 20 10 0
Nestl PepsiCo Kraft Foods Unilever Coca-Cola Mars Danone Cadbury General Schweppes Mills ConAgra Kellogg's Sara Lee

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Some perspectives
Sales growth 2006 (CHF b) Nestl Cadbury Schweppes Danone Coca Cola General Mills Heinz Numico Unilever Campbell Kraft Hershey 26
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1,000

2,000

3,000

4,000

5,000

6,000

7,000

8,000

Patents and Technology Transfer

Our Brands

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Patents and Technology Transfer

25 brands with sales over CHF 1 billion


Beverages Chocolate, confectionery and biscuits

Prepared dishes and cooking aids

Water

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Patents and Technology Transfer

25 brands with sales over CHF 1 billion


Milk products PetCare

Nutrition

Ice cream

Pharma

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Patents and Technology Transfer

Local tastes and needs


Nestl

tailors products to local tastes and needs:


around 200 Nescaf blends to answer local consumers expectations

Japan

Poland

Europe

Malaysia

Africa, Greece Russia, Israel

Switzerland

Japan

Russia

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The Group Intellectual Property Department Manages IP Rights Worldwide

Patents and Technology Transfer

Organisational Intellectual Property Department

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Strategic and local brands are protected & managed


Brands Protections 22'132 Managed by 17 Regional IP Advisers (RIPA's) for local Nestl Operating Companies Managed by Center IP Department in cooperation with the Strategic Business Units ('SBU's) and the RIPA's
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Local
7'653

84'253

Strategic
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365
Status 24.10.07 / E.Dum.

Patents and Technology Transfer

Nestl has a substantial patent portfolio


The Nestl patent portfolio contains as at 24.09.2007: 10'418 granted patents 6'173 pending cases which may result in the grant of a patent
They key patenting territories for Nestl are: USA, Europe, Canada, Japan, Australia, and more recently China and India.
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Most Valuable Global Brands 2006

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Technology Transfer Nestl

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Nestl's IPRs are centrally owned & licensed to local Nestl Companies...

Socit des Produits Nestl S.A. is the registered trademark and design owner and Nestec SA is the registered patent owner, in both cases acting as nominee for Nestl S.A., who is the beneficial owner
- Central ownership applies to trademarks linked to strategic as well as to local brands

These rights are licensed, together with know-how, to the Nestl Operating Companies who pay royalties for their use
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Patents and Technology Transfer

Nestl SA (Holding Co.)


Funding Royalties

Nestec SA (Knowledge Co.)


Knowledge and Licences

Operating Company
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Joint Venture
Nestl is party to a number of important JVs: BPW (Beverage Partners Worldwide) with the Coca Cola Company CPW (Cereal Partners Worldwide) with General Mills Innov with lOral Galderma, Lactalis etc.
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Innovating the Future


This strategy is enhanced by the following continuous improvement into consumer insights and their translation to innovative products built on superior science and technology, harnessing the vast expertise in our research and development work, working closely with leading universities and outside partners on cutting-edge science and technology, recruitment of open-minded and passionate innovators who can bridge science, technology and business needs, bigger pioneering innovations that hit the innovation sweet-spot where best in class science and technology combine to deliver precisely the needed N,H and W products needed.
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Patents and Technology Transfer

Technology transfer .
-

includes patents, trademarks, brands etc. extensive defence is needed against counterfeiting and copying.

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Patents and Technology Transfer

Counterfeits are a serious problem and a crime in most countries!


Example Trademark NESCAFE infringement in Russia
+ Unfair competition + Fraudulent act with penal sanction

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NESCAFE PLATINUM in Russia

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Universities
rely

on technology licensing groups which are not always experienced enough, license (co-own) and are therefore free to exploit outside of field of sponsoring company. feel the pressing need to exploit, as patents cost money and are perishable, understand that technology is only the starting point, may get additional sponsoring for further research, further co-development and licensing of IP relating to same project.
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Patents and Technology Transfer

Biotech companies/INNX
further

develop certain fields like Universities, are tied to the Industrial results of their licensee, still rely heavily on public subsidies, understand that the basic, scientific steps are not the most rewarding as there is a long way to go to a final product and that is where a big part of the risks is located.
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Patents and Technology Transfer

Food Industry/Nestl
primarily

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has direct ownership of results by direct investment, either by full-ownership or in the form of JVs, intergroup licensing involves multiple subjects know-how, training, patents, trademarks, is more and more accepting ownership by developers outside their own field of use, especially with engineering firms, Starts co-development in Open Innovation with peers. is more open for licensing especially since developments are going fast and so IP becomes outdated faster.
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