Remaining Competitive
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1 Remaining Competitive Silvia Coulter, Principal FICPI Canada, February LawVision. All rights reserved.
2 World-Wide Granted Patents Filings Since 2009 Leveled out significantly in the past 5 years Source: MonitorSuite 2
3 Granted Patents Filed in the U.S. Since 2009 Steadily increasing over the past five years Source: MonitorSuite filtered by filing office location: United States 3
4 Granted Patents Filings by Identified IP Boutiques Material increase in filings over the past five years Source: MonitorSuite 4
5 IP Boutiques Mirroring U.S. Market? Total GP Filed in the U.S. Total GP Filed by IP Boutiques slightly outpacing U.S. market Source: MonitorSuite 5
6 IP Boutiques: Granted Patents Filing Office Locations Overwhelmingly filed in U.S. Source: MonitorSuite 6
7 IP Boutiques: Granted Patents Company Location - Steady rise in granted patents filed U.S. companies - Asia consistently dominant Source: MonitorSuite 7
8 Granted Patent CAGR Growth IP Boutique Firms - Landscape of Growth & Production 30% Bubble size = Total USA IP Attorneys 25% Novak Druce Knobbe Martens 20% Schwegman Lundberg 15% 10% Sterne Kessler Kenyon & Kenyon Brinks Gilson & Lione Fish & Richardson Harness Dickey Oblon 5% Fitzpatrick Cella 0% -5% Merchant & Gould Finnegan Henderson 0 1,000 2,000 3,000 4,000 5,000 6,000 7,000 Granted Patents 2014 Note: Novak Druce merged with Connolly Bove in January 2013 Sources: MonitorSuite & Law360 8
9 Change in Granted Patents IP Boutique Firms - Over the Past Year Bubble size = Total USA IP Attorneys 25% Knobbe Martens 20% 15% Fish & Richardson Schwegman Lundberg 10% 5% 0% Kenyon & Kenyon Brinks Gilson & Lione Harness Dickey Sterne Kessler Oblon -5% -10% -15% Fitzpatrick Cella Finnegan Henderson Merchant & Gould -20% -25% -20% -15% -10% -5% 0% 5% 10% 15% Attorney Growth Note: Excluded Novak Druce as their percentages were skewed from the recent merger Sources: MonitorSuite & Law360 9
10 Granted Patent CAGR Growth IP Boutique Firms Growth vs Firm Structure 30% Bubble size = Use of Patent Agents & Technical Specialists 25% Novak Druce Knobbe Martens 20% Schwegman Lundberg 15% Fish & Richardson Brinks Gilson & Lione Sterne Kessler 10% Harness Dickey Kenyon & Kenyon 5% Oblon Finnegan Henderson Merchant & 0% Gould Leverage (Attorneys to EPs) Note: Excluded Fitzpatrick Cella as they didn t list Patent Agents or Technical Staff on their website Sources: MonitorSuite, Law360, and firm websites 10
11 5 Year World-Wide Granted Patent Industry Overview - Consistently dominated by Manufacturing & Tech work Source: MonitorSuite 11
12 5 Year World-Wide Pharmaceutical Granted Patent Industry Overview - Gradual drop-off in Pharma work Source: MonitorSuite 12
13 5 Year United States Granted Patent Industry Overview - Consistently dominated by Tech & Manufacturing work Source: MonitorSuite 13
14 5 Year United States Granted Patent Pharmaceutical Industry Overview - Gradual increase in Pharma work Source: MonitorSuite 14
15 Background Firm Firm Branding or Monitor Suite GP Industries FISH & RICHARDSON P.C. Perhaps the premiere full service IP firm; technology dominates their patent filings Mix of consumer products, industrial manufacturing, technology, & automotive/ FINNEGAN, HENDERSON, transport filings Heavy technology patent filings (with strong growth), followed by consistent health KNOBBE, MARTENS care and industrial manufacturing work FITZPATRICK, CELLA NOVAK DRUCE BRINKS GILSON & LIONE KENYON & KENYON LLP STERNE, KESSLER, SCHWEGMAN, LUNDBERG MERCHANT & GOULD HARNESS DICKEY OBLON Nearly all patent filings in the retail industry Surging industrial manufacturing & technology filings, with steady chemical work Increased technology & telecommunication filings while industrial manufacturing work tails off Substantial industrial manufacturing patent filings, with automotive/transport & technology a consistent 2 nd and 3 rd Our team understands technology and is known for anticipating the next big thing - from biotech to nanotech, cleantech, digital healthcare and so on Patent Protection for High Technology Recent noticeable drop off in technology filings (their most involved industry); consistent manufacturing and telecommunications work Consistent top four industry filings: consumer products, industrial manufacturing, technology, & retail Mix of industrial manufacturing, consumer products, & retail patent filings 15
16 Manufacturing and Technology continue to dominate Pharma is pursued at a high level by firms yet is shown as dropping off U.S. and Asian companies make up 76.3% of granted patents 16
17 Canada What Trends are You Seeing? Do the industries and geographic markets seeking patents in Canada mirror what we ve just heard? What can you do to retain your share of the work? 17
18 What is The Best Way to Respond and Compete? Business Development and Relationships 18
19 PRINCIPLE # 1: Relationships Drive Business People hire people they like and whom they trust 19
20 PRINCIPLE # 2: Business Development Volume is Critical Whether formal or informal, a high level of activity is necessary for success 20
21 PRINCIPLE # 3: Value Propositions Will Open Doors Reach out with need to know information 21
22 PRINCIPLE # 4: Constant and Ongoing Communication is Imperative Stay top of mind with people who matter clients, referral sources and potential clients 22
23 PRINCIPLE # 5: Follow Up is Necessary The next step is always yours. 23
24 PRINCIPLE # 6: Business is Unpredictable Predicting where new business will come from is impossible... targeting and volume of activity are key 24
25 Summary Be aware of the facts; find ways to compete effectively Focus on retaining existing relationships by keeping in touch Build new relationships by leveraging marketing tools, existing relationships and contacts Maintain a high volume for best results Conduct regular client feedback meetings to build loyalty 25
26 Thank You Questions? Silvia Coulter
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