Patents vs. Velocity. The First Mover Advantage of IP: A NORTHWORKS IP WHITEPAPER. By Peter Cowan, P.Eng., MBA Principal Consultant February 2014
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1 The First Mover Advantage of IP: Patents vs. Velocity A NORTHWORKS IP WHITEPAPER By Peter Cowan, P.Eng., MBA Principal Consultant February 2014 IP STRATEGY Advisory > Innovation + Intellectual Property
2 NORTHWORKS IP WHITEPAPER FEBRUARY 2014 StartupsandFortune100companiestake In 2004, Amazon started contemplating note:jeffbezosispositioningamazonatthe filing patents predictive shipping futurecenterallofwebcommerce.andheis was the year the patent granted and the planningreachesatleast7yearsintothe tech community picked up on their future.earlierthisyearamazonsaiditwas future plans. experimentingwithdeliverybydrones,and detailswerefoundonanticipatoryshippingbeforeanorderisevenplaced.despitethis being new newsfortheconsumerworldamazonactuallyfiledapatentonanticipatory applicationin2012,claimingpriorityto2004.soyes,therecentlygranteduspatent 8,615,473whichcoversorderfulfillmentandshipmentofshippingpackagesbeforean orderhasoccurred,wascontemplatedandfiledforapatent10yearsago. ThistypeofadvancepatentfilingsseemsthenormforAmazon,withanotherexampleas thefamous OneSclickpatent onamethodandsystemforplacinganorder.meritsofus Patent5,960,411patentaside,whichasbeenreSissues,affirmedordeniedatvarioustimes byus,canadian,andeuropeancourts,itshouldbenotedsinceitwasfiledin1997ithas beencitedover1670timesbyotherpatents.itis,bythedefinitionofpatentstatisticsused inacademia,consideredahighlyvaluablepatent.amazonhasusedthe 411patentin litigationwithbarnesandnoble,whoarbitrarilyaddedmoreclickstogetaroundthe patent,andhasactivelylicensedittocompaniessuchasappleasfarbackas2000. Butnotallcompanieshavehadthefortuneto planandexecuteipinthismanner.rapid growthcombinedwithipasanonscore strategicassethasputafewnotable companiesontheoffensive.bothlinkedsin andtwitterhadunder10grantedpatentsby thetimetheiposwereannounced,andforat leasttwitterthiswasseenasarisktosome investorswhencomparedtothevolumeby theirrivalsfacebook.presiponegotiations byibmagainsttwitterresultedinthevast majorityoftwitter s1800+portfolioscoming mainlyfromibm.facebook sipgrowthhasbeenthroughacquisition,spendingatleast $1.6BonacquisitionsbetweenIBM,andAOL&Microsoftsince
3 NORTHWORKS IP WHITEPAPER FEBRUARY 2014 GooglehasmaintainedamorestablegrowthofIPthroughfilingsandoflatea$15B combinedpurchaseofipandtechnologyhasgivenitkeyacquisitionssuchasnestand Motorola.LastcheckgaveGoogleatover32,000activepatents,theirexponentialgrowthof IPnotreallybeginninguntilafter2001.Thisisafarcryfrom1994whereattechnology inceptiononlyfourfilingsweredone.acursoryreviewofgoogle searlypatentsgivesthe impressiontheywerefilingsbasedontechnologyinproduction.yahoo s5000+active filingstellthesamestoryofstartingsmallwithonly1filingintheiryearofinception (1994),9inyear2aroundwebpages,butthefilingvolumegrowingexponentiallybyyear3 ofoperation. ForstartupsandotherhighgrowthcompaniesthisoutlinestwogenericpathsthananIP plancanevolvefrom: 1) IP#Acquisition#After#Growth,asseenbyTwitter,Facebook,andLinkedSin. 2) IP#+#Technology#Strategy,whichlatermovesfromorganictoincludeacquisition growthasseenbygoogle,yahoo,andamazon. UltimatelyformarketleadersthepathsdoenduptogetherwereIPbecomesacritical elementoftheircompetitiveposition.forexample,yahoo shighgrowthrategaveitadeep pooltouseasatoolagainstbothgoogleandfacebookwhenthefiledtogopublic. HowevertheFacebookoffensivepositionwasnotsuchasuccessfultacticasFacebookused theacquisitionoftheibmandphilipspatentstocountersueyahoo. 3
4 NORTHWORKS IP WHITEPAPER FEBRUARY 2014 Companieswherethehighvelocitygrowthofacustomerbaseiskey,suchasFacebook, LinkedSin,andTwitter,aremainlyadoptingtheIP#Acquisition#After#Growthpath.Forthe ventureswherevelocitytrumpsip,asgrowthoccursplanningforfuturecashtodealwith theproblemisaviablesolution. HoweverfocusingonthepathofIP#+#Technology#Strategygivessomevaluablelessonsfor startupstoconsider.considertheorganicportfoliogrowthrateofamazon,google,and Yahooofthe,orfilingsbytheoriginalcompanyandnotthoseaddedthroughacquisition: comparingfilingssince1994indicatestheiractualpatentgrowthratevariesbutthe businessapproachisthesamewhenlookingattheoverallportfoliotodate smallto moderategrowthintheinitialyearsofthecompanyandahighexponentialafter2002for allinvolved.amoredetailedviewoftheyearspriorto2002showssimilarcorporatetrend ofthestartupyears1and2havinglessthan5filings,andaminisexponentialtrendstarting atyears3ofoperationandbeyondwherepatentfilingsperyearjumpabove30filingsper yearforsomeventures.googleisthenotableexception,takinguntilits6 th yearof operationtorapidlyincreasethefilings. Whilethefilingtrendsarerelativelysimilarakeydifferencecanbeseenintheportfolio content,specificallywithamazon.asareferencepointbythetimetheonescick 411patent wasfiledin1997amazonhad$148minrevenueand1.5millioncustomers,after experiencingrapidexpansionduringitslaunchonly2yearsearlier.evenatamazon s inceptionin1995,thefirstyearofoperationsawseveralpatentsbyjeffbezosandhisteam filedaroundtopicssuchassecurecommunicationsofcreditcardsovernonssecure networks.lookingforwardintoamazon sgrowthwecanseethetwoipstrategypathsare comingtogether:withamazonhowhavingover4400patentstheirstrategysteppedup againin2012whentheyaddedapatentacquisition&investmentleadertotheirteam. ThroughthiswecanseehowAmazoniscontinuallybuildingIPintotheirDNA,makingitan integralpartofthecorporatestrategy. TheimportantlessoninthefirstfewyearsAmazon spatentpositionisrootedaroundjeff Bezoslongtermplanonowningtheweb.AsoutlinedintheStevenLevyarticleinWired Magazine(2011),Bezoshighlightsanimportantpointforstartupsandlargeventuresto heed,whichwaspresentintheshareholderletterhepennedbackin1997. But if you re willing to invest on a seven-year time horizon, you re now competing against a fraction of those people, because very few companies are willing to do that. Just by lengthening the time horizon, you can engage in endeavors that you could never otherwise pursue. At Amazon we like things to work in five to seven years. We re willing to plant seeds, let them grow and we re very stubborn. - Jeff Bezos 4
5 NORTHWORKS IP WHITEPAPER FEBRUARY 2014 LookingatthelongtermBezospushesAmazontoworkinthe5to7Syearhorizon.More impressivelyhehashadthepatiencetoalignhispatentfilingsinthesameway,andisstill doingsoifweusetheproxyof predictiveshipping patentsfiledin2004thatwasrecently uncoveredasafutureamazonservice. So#what#lesson#can#startups#take#from#this?# ForstartupsandotherhighgrowthventuresthatchoosetofocusontheIP#+#Technology# StrategypathofIPevolutionthisprovidessomeguidanceonhowsuccessfulportfoliosfor puresoftwarebasedorganizationsstarted.atakesawayactionforceo sistohavea discussionwiththeirboardandleadershipteamabouttheiripstrategyplan.the conversationcanbesimplifieddownthequestionaboutportfolioallocationandcoverage. Key Question 5 Does our IP strategy allocate protection for today, tomorrow, and the future s competitive markets?
6 NORTHWORKS IP WHITEPAPER FEBRUARY 2014 Allocatingaportionoftheportfoliosfuturetechnologypositionatcompanyinception,even ifthefilingvolumeisfairlylow,positionstheventure sportfoliowellaheadoftheevolving marketplace.thisapproachalsomitigatestheriskthatexistsinthetechnologyindustry wheresoftwarereleasesaregrowing2s3xfasterthanthepatentofficecanpacewith.in short,itprovidessupportforthe quality aspecttoaportfolioevenifthevolumeissmallin thefirstfewyears. Asgrowthhappensandthemarketplacebecomesmoresaturatedwithsustaining technology,theventureswillhavealreadyidentifiedandfiledforprotectionfornew disruptivetechnologiesandprocessesthatwillbecomeafundamentalpieceofthemarket. Theresultofaligninga7SyearplanwithIPisagrantedportfoliothatispositionedtobe relevantinthe10+yeartimeline. Forthepaceoffilinginthefirstyearsofasoftwarebasedstartup,thedatashowsamodest numberoffilingsinthefirst2yearsofoperation,andyear3ofoperationwaswherethe highgrowthoffilingsoccurred.howeverconsideringtheincreasedpaceoftechnology growthnowcomparedtothe1998s2000timeframeitisnotunreasonabletoconsider2 yearsofoperationnowhappeningin6monthsofdevelopment.arapiddecreaseinthe barriersfornewventurestostartandlaunchmeanstheipstrategymustadjustforthis newenvironment. Are the patent filings focused on pure technical coverage for Follow-up today s technical solutions, or is there room in the filings to reposition the IP as the market evolves by covering solutions to Question our future disruptive technology? Overtimemarketsevolveandtechnologyadvancementscatchupwithcustomerpain points.whathistoricallytookyearsofdevelopmentcannowbecreatedandreleasedona globalscaleinmonths,yetthe20yearlifeofapatentstillremainsthesame.withthis20 yearsoflife,spendingtimeansweringthesequestionsandpositioninganearlyportfolio couldbethedifferencebetweentheventurepayingoutinthefaceofcompetitiveip pressureorreapingthefinancialandmarketbenefitsaspatentownershipbecomesa criticalsuccessfactorintheindustry Northworks IP
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