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Exploitation



                              FITT
– Fostering Interregional Exchange in ICT Technology Transfer –



                                 www.FITT-for-Innovation.eu
Except where otherwise noted, this work is licensed under a Creative Commons Attribution 3.0 License.
Process “Exploitation” in general



  Technology Transfer Offices (TTOs) among Universities and Research
   Centres are created in order to optimize the exploitation of R&D outputs.

  Exploitation as such should not be limited to the creation of financial value.

  Succesfull exploitation does not depend solely on the TTOs but also rely on
   the socio-economic environment of the R&D project and the University and/or
   Research Centre.

  TTOs are therefore to be considered either as facilitators or managers of the
   exploitation process, on a case by case basis.




2 | 03.2011                       Exploitation
Process “Exploitation” in general

   In the activity of IP Management,
  exploitation is perceived as a legal
  and business focused activity.
                                                     Business
  (see activity “IP Management”
  for more details about this
  triangulation)
                                  VALUATION                EXPLOITATION

                                                  IP Management


                                                  PROTECTION
                          Technology                                      Legal



3 | 03.2011                        Exploitation
TTOs and exploitation services



 TTOs can support at various levels the exploitation (meaning the active
   use) of any given asset by it’s socio-economic environment.


 Such levels are apprehended hereby as opportunities for services,
   which are :
 • On demand services
 • Horizontal integrated services
 • Vertical integrated services




4 | 03.2011                   Exploitation
“Exploitation” as on-demand services

 On demand services related to the exploitation of R&D results
     • Such services are usually punctual.
     • At a strategic level, their positioning related to the exploitation plan is purely
         operational.

     • In such a scheme, TTOs solely assist the exploitation of R&D results. All
         exploitation-related decisions are taken at the project level, and the impact of
         TTOs on exploitation strategies is marginal.

                                                           TTOs


     Idea               R&D             Results                          Exploitation




5 | 03.2011                          Exploitation
“Exploitation” as horizontal integrated
                          services

 Horizontal integrated services for exploitation imply that TTOs have a
  secondary role related to the exploitation strategy and conduct
     • TTOs help at optimizing IP protection.
     • TTOs impact the exploitation strategy by seeking for secondary markets, but
         they do not influence the R&D process leading to exploitable results.

     • Compare to on demand services, TTOs have an ability to trully optimize and
         not only assist the exploitation of project results.
                                                                         Secondary
                                                                          markets

                                                            TTOs


     Idea               R&D              Results                      Exploitation



6 | 03.2011                           Exploitation
“Exploitation” as vertical integrated services

 TTOs positionning their services on a vertical scale impact deeply R&D
  projects
     • “Roles” are inverted, in the sens that all R&D projects are managed in order
         to enrich a strategically managed IP pool. Decisions related to the
         orientation of research is therefore less in the hands of researchers.

     • TTOs have a primary role in exploitation strategy, with continuous activities
         set at a decisionnal level related to the exploitation of the R&D results.



                                                                              Markets



     Idea               R&D               TTOs        IP Pools         Exploitation



7 | 03.2011                           Exploitation
TTOs role and strategic exploitation impact




    TTOs Services         On Demand                 Horizontal          Vertical
                                                   integration        integration
 Activities related to     Assistance             Seek secondary   Complete decision
     exploitation                                    markets           control
  Role related to           Marginal                Secondary          Primary
exploitation strategy
     Occurrence of          Ponctual                 Frequent         Continuous
       activities
  Decisionnal levels      Operationnal              Managerial         Strategic




8 | 03.2011                        Exploitation
Parts of the process


 The object is not to cover and expose the whole range of practices
  commonly in use in the field of exploitation.

 A focus on ICT particular issues in the FITT project propose the
  following practices:
     • Practices related to FOSS Licensing
     • Practice Exploitation Scenarios
     • Practice Choosing the right license: elements to guide technology transfer
         officers

     • Case open source business case
     • Case ideal technology transfer


9 | 03.2011                       Exploitation
Practice “FOSS Licensing”


 FOSS licensing (Free and Open Source Software)
    Part 1 : Initial guidelines         Part 2 : Governance rules         Part 3 : Transfer & Licensing out



                           Acquiring       Managing           Governing        Code audit           Diffusion
  Choosing
                          third party             the               the               and                 and
  a license
                            software    contributions        community          validation           tracking




 The process is divided in various parts, all of which have an impact on
  exploitation

Free and Open Source licensing is a specific approach to exploitation
  (freedom is granted to use, modify, distribute, under certain limitations)


10 | 03.2011                                  Exploitation
Practice “Exploitation Scenarios”



 This practice illustrates various possible exploitation scenarios from R&D
  to post-project stages



 The practice relates to other processes such as
• Valuation of technologies
• Elaboration of transfer scenarios
• Management of financial compensation




  11 | 03.2011                  Exploitation
Practice “Choosing the right license:
                      Elements to guide technology transfer officers”

 A license is a contract between a software publisher (licensor) & an
  end user (licensee) governing the usage and redistribution of a
  software.


 Software licenses can generally be fit into two categories : proprietary
  & open source licenses.


 The practice provides :
       • definitions of proprietary and open-source licenses
       • a case study detailing the necessary steps to pick up the right license
       • a compatibility table for licenses (Cecill, GPL, LGPL, BSD)
       • practical recommendations

12 | 03.2011                      Exploitation
Case “Open Source Business”


 This case exposes the global exploitation strategy (in its legal and business aspects)



 Case exposed is iText, a pdf generator software licensed under an Open Source license



 Case exposes some important licensing and IP management aspects which strongly
  impact the exploitation strategy




13 | 03.2011                          Exploitation
Case “Ideal transfer case”


 Case exposes a transfer activity led by INRIA in partnership with Texas Instrument



 Assets exploited as described in the case range from tacit ideas to codified technology :




                                                            The whole transfer chain
                                                                 was covered




 Case is an ideal illustration of a successfull exploitation strategy



14 | 03.2011                           Exploitation
Suggested Readings


 Link to code book:
     intellectual property, intellectual property protection, intellectual property
        rights, patent, software patent, copyright, invention, inventor, invention
        disclosure, non disclosure, research result, background, exploitation,
        valuation, spin off, start-up, standardisation, licensing.

 Link to relevant websites:
     • http://www.epo.org
     • http://www.uspto.gov
     • http://www.wipo.int




15 | 03.2011                        Exploitation

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FITT Toolbox: Exploitation

  • 1. Exploitation FITT – Fostering Interregional Exchange in ICT Technology Transfer – www.FITT-for-Innovation.eu Except where otherwise noted, this work is licensed under a Creative Commons Attribution 3.0 License.
  • 2. Process “Exploitation” in general  Technology Transfer Offices (TTOs) among Universities and Research Centres are created in order to optimize the exploitation of R&D outputs.  Exploitation as such should not be limited to the creation of financial value.  Succesfull exploitation does not depend solely on the TTOs but also rely on the socio-economic environment of the R&D project and the University and/or Research Centre.  TTOs are therefore to be considered either as facilitators or managers of the exploitation process, on a case by case basis. 2 | 03.2011 Exploitation
  • 3. Process “Exploitation” in general  In the activity of IP Management, exploitation is perceived as a legal and business focused activity. Business (see activity “IP Management” for more details about this triangulation) VALUATION EXPLOITATION IP Management PROTECTION Technology Legal 3 | 03.2011 Exploitation
  • 4. TTOs and exploitation services TTOs can support at various levels the exploitation (meaning the active use) of any given asset by it’s socio-economic environment. Such levels are apprehended hereby as opportunities for services, which are : • On demand services • Horizontal integrated services • Vertical integrated services 4 | 03.2011 Exploitation
  • 5. “Exploitation” as on-demand services  On demand services related to the exploitation of R&D results • Such services are usually punctual. • At a strategic level, their positioning related to the exploitation plan is purely operational. • In such a scheme, TTOs solely assist the exploitation of R&D results. All exploitation-related decisions are taken at the project level, and the impact of TTOs on exploitation strategies is marginal. TTOs Idea R&D Results Exploitation 5 | 03.2011 Exploitation
  • 6. “Exploitation” as horizontal integrated services  Horizontal integrated services for exploitation imply that TTOs have a secondary role related to the exploitation strategy and conduct • TTOs help at optimizing IP protection. • TTOs impact the exploitation strategy by seeking for secondary markets, but they do not influence the R&D process leading to exploitable results. • Compare to on demand services, TTOs have an ability to trully optimize and not only assist the exploitation of project results. Secondary markets TTOs Idea R&D Results Exploitation 6 | 03.2011 Exploitation
  • 7. “Exploitation” as vertical integrated services  TTOs positionning their services on a vertical scale impact deeply R&D projects • “Roles” are inverted, in the sens that all R&D projects are managed in order to enrich a strategically managed IP pool. Decisions related to the orientation of research is therefore less in the hands of researchers. • TTOs have a primary role in exploitation strategy, with continuous activities set at a decisionnal level related to the exploitation of the R&D results. Markets Idea R&D TTOs IP Pools Exploitation 7 | 03.2011 Exploitation
  • 8. TTOs role and strategic exploitation impact TTOs Services On Demand Horizontal Vertical integration integration Activities related to Assistance Seek secondary Complete decision exploitation markets control Role related to Marginal Secondary Primary exploitation strategy Occurrence of Ponctual Frequent Continuous activities Decisionnal levels Operationnal Managerial Strategic 8 | 03.2011 Exploitation
  • 9. Parts of the process  The object is not to cover and expose the whole range of practices commonly in use in the field of exploitation.  A focus on ICT particular issues in the FITT project propose the following practices: • Practices related to FOSS Licensing • Practice Exploitation Scenarios • Practice Choosing the right license: elements to guide technology transfer officers • Case open source business case • Case ideal technology transfer 9 | 03.2011 Exploitation
  • 10. Practice “FOSS Licensing”  FOSS licensing (Free and Open Source Software) Part 1 : Initial guidelines Part 2 : Governance rules Part 3 : Transfer & Licensing out Acquiring Managing Governing Code audit Diffusion Choosing third party the the and and a license software contributions community validation tracking  The process is divided in various parts, all of which have an impact on exploitation Free and Open Source licensing is a specific approach to exploitation (freedom is granted to use, modify, distribute, under certain limitations) 10 | 03.2011 Exploitation
  • 11. Practice “Exploitation Scenarios”  This practice illustrates various possible exploitation scenarios from R&D to post-project stages  The practice relates to other processes such as • Valuation of technologies • Elaboration of transfer scenarios • Management of financial compensation 11 | 03.2011 Exploitation
  • 12. Practice “Choosing the right license: Elements to guide technology transfer officers”  A license is a contract between a software publisher (licensor) & an end user (licensee) governing the usage and redistribution of a software.  Software licenses can generally be fit into two categories : proprietary & open source licenses.  The practice provides : • definitions of proprietary and open-source licenses • a case study detailing the necessary steps to pick up the right license • a compatibility table for licenses (Cecill, GPL, LGPL, BSD) • practical recommendations 12 | 03.2011 Exploitation
  • 13. Case “Open Source Business”  This case exposes the global exploitation strategy (in its legal and business aspects)  Case exposed is iText, a pdf generator software licensed under an Open Source license  Case exposes some important licensing and IP management aspects which strongly impact the exploitation strategy 13 | 03.2011 Exploitation
  • 14. Case “Ideal transfer case”  Case exposes a transfer activity led by INRIA in partnership with Texas Instrument  Assets exploited as described in the case range from tacit ideas to codified technology : The whole transfer chain was covered  Case is an ideal illustration of a successfull exploitation strategy 14 | 03.2011 Exploitation
  • 15. Suggested Readings  Link to code book: intellectual property, intellectual property protection, intellectual property rights, patent, software patent, copyright, invention, inventor, invention disclosure, non disclosure, research result, background, exploitation, valuation, spin off, start-up, standardisation, licensing.  Link to relevant websites: • http://www.epo.org • http://www.uspto.gov • http://www.wipo.int 15 | 03.2011 Exploitation