Topic 9 Establishing a Marketing Plan for Technology Commercialisation I N N O VAT I O N LAW PHILIP MENDES & BRADLEY THOMAS Level 3,
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Transcript Topic 9 Establishing a Marketing Plan for Technology Commercialisation I N N O VAT I O N LAW PHILIP MENDES & BRADLEY THOMAS Level 3,
Topic 9
Establishing a Marketing Plan for Technology
Commercialisation
I N N O VAT I O N LAW
PHILIP MENDES & BRADLEY THOMAS
Level 3, 380 Queen St
Brisbane QLD, Australia
Ph + 61 7 3211 9033
Fax + 61 7 3211 9025
[email protected]
[email protected]
Marketing Strategies
What is a marketing strategy ?
A plan for getting your technology commercialised
Commercialisation does not just happen
No one beats a path to your door competing for a license to your patent
Commercialisation comes about because a strategy is implemented to
Find licensing opportunities
Find potential licensing partners
Following slides are observations about what might be considered for a
commercialisation marketing strategy
That is, ways to help find a licensee for your technology
Deals are made between people who know
each other
Cold calling potential licensees rarely works
Most deals done for research organisations are made between parties who
already have a connection
That existing connection facilitates
the deal opportunity
enthusiasm for the deal – to progress the path to doing the deal
the making of the deal
There are lots of exciting technologies
People who deal with others that they already know is an edge that
differentiates
the exciting technology with no deal
the exciting technology with a deal
Strategies to get to know people with whom
you might do a deal
Intimacy in the industry
A business development manager that has networks in the industry can
find deal opportunities
Deal opportunities present themselves because
A BDM knows that Company X has a need for certain technology
Company X’s needs may not be generally known
Company X’s needs may be identified because of synergy between
the field it is in, and the area of research that the research
organisation is in
Strategies to get to know people with whom
you might do a deal
BDMs need to
Network within their industry
Attend conferences, exhibitions, functions
Inadequate to do it once
Needs to be a constant never ending networking strategy:
to go to events,
to see, and to be seen,
to get to know the people in the industry
The longer that strategy is implemented, the more successful it will be
The success of the strategy is limited only by
Financial resources to travel
The degree of intimacy established in networking
ITL
Xe - toxins
Strategies to get to know people with whom
you might do a deal
Scientists also play a critical role in this networking
Scientists should regularly go to the conferences in their field
Conferences are attended by business development staff of biotech
and pharmaceutical companies
Staff of biotech and pharmaceutical companies attend conferences to
see what new science is emerging
Opportunities for scientists to establish rapport and relationships
with business development staff from staff of biotech and
pharmaceutical companies
Again, must be constant strategy, inadequate to do it once
HPV
Marketing plan strategy
This strategy is not devious, nor need it be selfishly pursued
If its totally selfishly motivated, with a “hard sell” networking is unlikely to work,
excellent friendships and personal relationships
BDMs
actively attend conferences and exhibitions,
those that are identified as providing opportunities to build networks that are
identified as potentially valuable
Do not expect overnight results
Results may take a few years to pay off
Scientists
Actively attend those conferences where relationships can be nurtured and rapport
built
Marketing plan strategy
Make this a strategy in a marketing plan
Do not make it something that is casually applied, with unpredictable hit or
miss results
Systematic:
Identify conferences and exhibitions
Identify who should go to obtain maximum advantage
Consistency go each year to renew, and reinforce relationships
Ensure adequate financial resources to implement this expensive
commitment
Identifying potential licensees – identify
people you already know
When something is ready for a deal, ask “Who do we know that may be
interested in this”
More likely to do a deal with someone that you already know, rather than
someone that you don’t know yet
What existing relationships might suggest that someone you already know
may be interested
What companies have existing deals been with ?
What people met at conferences and exhibitions may be interested
Former PhD students in industry
Former colleagues in industry
Who in your network that you already know may be interested
Omega 3
People you know that can open doors
Asks these questions in a wider framework
Not just who do you know that may be interested in a deal
More important:
Who do you know that can open the door and introduce you to someone
that may be interested in doing a deal
That represents an even wider network of potential parties with whom the
opportunity for a deal may arise
Even more important
Ask the person you know if they know someone else who can open the
door for you
That represents an even wider network
Marketing plan strategy
When a commercialisation candidate is identified:
Systematically
Identify everyone concerned with the technology (scientists and BDMs)
Enquire whether anyone knows someone
Who may be interested in the technology themselves
Who may know someone who may be interested in the technology and
may be able to open door
Who may know another person who can open doors
Again,
Systematic
Not casual
Publications as a marketing strategy
Publications and commercialisation sometimes perceived as being on a collision course
Publication means disseminating, and disseminating adversely affects novelty
Commercialisation perceived as needing secrecy, and that is not consistent with
the publication objective.
But that is too simple a view
Scientists and BDMs are now much more sophisticated
BDMs know that publications and peer recognition are an important driver for
innovation and inventiveness, and personal satisfaction of scientists
Scientists know that publication can potentially destroy the transformation of the
outcomes of their research into useful and beneficial products for the community
Publications as a marketing strategy
Both scientists and BMS therefore know that they each have to help the other
achieve the objectives of both
That is
Both publish and commercialise
Publication
part of a broader commercialisation strategy
Publication at the right time, in the right forum, creates deal opportunities
As a marketing tool marketing opportunity
Conference presentations identify emerging technologies of interest to
potential industry partners
Many deals are done because of deal opportunities presented by opportune
publications
HPV
Marketing plan strategy
Give consideration to the optimal
Manner of publication
Place of publication
What is the best audience for the publication
Is one publication option better than another
Marketing Plan might consider systematic
Identification of publications
Identification of optimal means of dissemination
Processes to accelerate or delay publication for maximum advantage
Achieving publications as a marketing tool and opportunity
The role of the scientist in finding leads
Much folklore about the leads for licensing originating with scientists
Folklore confirmed
“Where do the Leads for Licenses Come From”
Journal of the Association of University Technology Managers Volume
XI (1999)
http://www.autm.net/pubs/journal/99/leads.cfm
Study of
1140 licenses
Granted by 6 institutions: University of Florida, MIT, Oak Ridge
National Laboratory, Oregon Health Sciences University, Tulane
University, University of Utah
These institutions vary in size, and vary in specialisation
The role of the scientist in finding leads
Sources of Leads for Licenses
60
50
40
30
20
10
0
Scientist
Marketing
Company approach
Research sponsor
Leads by scientist: 56% (range 45-67)
Leads by marketing efforts from licensing staff: 19% (range 12-42)
Leads by enquiry from potential licensee: 10% (range 0-17)
Leads from research sponsor: 7% (range 0- 25)
The role of the scientist in finding leads
Scientists need to be asked who they know that may be interested in their
invention
Invention Disclosure Form
Used by research organisation as a means of
Helping scientists identify their invention
Assisting scientists to disclose their invention
First step in the commercialisation assessment, and patenting evaluation
process
Inventor Disclosure form should include provision for scientist to identify
Industry applications
Potential licensees that may be interested
Persons the scientists knows personally, or knows of, that may be
interested
The role of the scientist in finding leads
Why do scientists produce the greatest number of leads ?
They have good industry contacts and large personal networks
Long history of association with industry
Sponsored research relationships with industry
Consulting engagements by industry
Networks amongst their former students
Companies want to deal with scientists that are leaders in their field,
particularly scientists where that leadership is demonstrated through
publications
Need to engage scientists not just once, but continually
When Inventor Disclosure Form signed
When patent search is done
When patent application is filed
Marketing plan strategy
Encourage scientists:
to form, expand and maintain their networks and contacts
to maintain a high profile
to undertaking private consulting
to attend conferences
to publish
to get the business cards of people that they meet
Enquire of scientists systematically about potential licensees that they can
identify
Not just once
Repeatedly
Consider deals other than licensing, as
marketing opportunities for licensing
Sometimes a marketing strategy for licensing is to do a deal other than a
licensing deal
Strategic Alliance with another research organisation
If
another research organisation has the networks to make a deal
there are synergies between your own technology
consider partnering with that other research organisation, making your
technology available to them, and allow them to access their networks and
contacts – the people that they know, to commercialise the package of your
technology and theirs
VIDRL
Consider deals other than licensing, as
marketing opportunities for licensing
Strategic Alliances with industry partners
You don’t need to wait to have your technology ready for a deal
A technology in a stage of development may be appealing to an industry strategic
alliance partner
There may be
complementary research capabilities
potential synergies in the research programs of the research organisation and the
potential alliance partner
The deal becomes not just a license
The deal instead becomes one with many features
Collaborative research, scientists from both organisations working together
Financing and sponsorship for research
Skills acquisition
And a license as well
Marketing plan strategy
Marketing plan should identify potential strategic alliance partners
Both other research organisations, and industry partners
What organisations are there with synergistic research programs ?
What companies are there with synergistic research programs ?
What relationships already exist to tap into those opportunities ?
How can they be accessed ?
Constantly identify and assess new potential strategic alliance partners with
whom there may be synergies
Research sponsorship
Research sponsorship is the financial sponsorship of research by industry at a
research organisation
Sponsored research tends to be applied research
Sponsored research is not necessarily contract research where the provider of
funds owns the IP outcomes
Sponsored research usually means there is a cost sharing:
Research organisation may do research for direct costs (salary and
consumables), leveraging off their infrastructure, foregoing seeking costs
for infrastructure, and foregoing a profit component)
On that basis, research organisation owns the IP outcomes, and licenses
outcomes to research sponsor
Reward for providing infrastructure at zero cost, and foregoing profit
component is the expectation of royalties
Research sponsorship
Research sponsorship accounting for an average of only 7% of licensing leads
in AUTM survey
But one respondent to the survey reported as many as 25% leads
Research sponsorship is therefore an important marketing strategy
By making the skills and resources of the research organisation available to
industry sponsors:
Direct licensing opportunities arise (up to 25%, average of 7%)
Relationships are formed between scientists and industry, and those
relationships indirectly lead to more opportunities (average 56%)
Research sponsorship
Challenge is to increase the level of research sponsorship
Interact with industry to
Identify their needs for applied research
Identify your own synergistic research capability
Resist demands for the research sponsor to own the IP created in the course of
the sponsored research
Industry sponsor can own if it pays a market rate that takes into account
indirect infrastructure costs (buildings, roads, labs, equipment, facilities,
library etc), and pays a profit component
Industry sponsor cannot own if it pays less than that – in that case the
research sponsor should own, and license out
Marketing plan strategy
Seek out relationships with industry that can sponsor applied research
Identify who they are
Identify their needs
Implement the strategy by forging networks and relationships with them
Not likely to be an overnight response
Expertise, capability, resources, and willingness to undertake applied
research takes time to filter out to potential partners
Perseverance pays off
Know your industry space
Industry Watch
Patent Watch
Literature Watch
Newsletter Watch
Press Release Watch
All of these are means by which you can keep up with what is happening in
the industry relevant to your science
Knowing what is going on in your industry space will help identify
Potential licensees who may be interested in your technology
Potential strategic alliance partners
Potential infringers
Know your industry space
Patent Watch and Literature watch
Keep an eye on new patents that are published
Keep an eye on scientific literature to see what science others are up to
Do they overlap with yours ?
Would the exploitation of their patent necessarily infringe yours ?
Is their invention synergistic with your own invention ?
Might they be interested in
A license
A strategic alliance
Do they infringe your patent so that they have to get a license from you ?
Know your industry space
Newsletter Watch and Press Release Watch
Specialists newsletters published regularly on industry news informing the
industry about new science, new deals, etc
RNAI news, Genome Web daily news
BioArray News, Cell Based Assay News
News services
Daily email with links to press releases issued in last 24 hours containing
your key words
All are means to keeping informed about what is going on
Identify
Potential licensees
Potential strategic alliance partners
Potential infringers
Ozgene
Know your industry space
Industry Watch
Be aware of new products and inventions that enter the market place in your
space
Identify
Potential licensees
Potential research collaborators
Potential strategic alliance partners
Potential infringers
GE
Marketing plan strategy
Marketing plan should:
Identify what to watch
Industry watch
Patent Watch
Literature Watch
Press Release Watch
Newsletter Watch
Who will have responsibility for watching
Process of assessment and review of intelligence gathered
Process of planning to maximise taking advantage of intelligence
learned
Infringers are potential licensees
An infringer should not necessarily be perceived as a wrong doer
Every infringer is a potential
Licensee, or
Strategic alliance partner and licensee
Not every infringer knows that they are infringing
The rate of change of science, particularly in biotechnology, is such that
exactly the same invention may be made by different people, in close
proximity in time
Very possible that an infringer may not know that they are infringing your
patent
Infringers are the easiest target to take a license from you
Infringers are potential licensees
Challenge is to identify infringers
Industry Watch
Patent Watch
Literature Watch
Press Release Watch
Newsletter Watch
Once you find an infringer, you have to do something about it
Groundless threats of litigation can lead to an exposure to the patent owner that makes
the groundless threat
Need to be sure that your patent is valid
Prudent to make no threat, but to make an infringer aware of your patent and invite a
discussion about respective patent positions
That starts a dialogue on whether there is an infringement, and if so, the availability of
a license
Infringers are potential licensees
Myths:
That infringers are never pursued
That it is not worthwhile to pursue an infringer
That pursuing an infringer leads to the patent being challenged
All that does happen from time to time
But in the vast majority of cases a robust patent position makes it unnecessary
to have to consider infringement
An infringer is not necessarily someone against whom you litigate
An infringer may be someone who becomes your most valuable strategic
alliance partner
Marketing plan strategy
Use
Industry Watch
Patent Watch
Literature Watch
Press Release Watch
Newsletter Watch
to identify infringer
Marketing Plan may make provision for
Keeping watch on potential infringers
Strategy to implement when an infringer is identified
Formal approach by letter
Informal approach engineered at a conference
And must consider litigation as a last resort, but not exclude it
altogether
Appoint Marketers
A Marketer is someone that goes out and markets your technology and finds
licensees on a contract basis
Usually for a percentage of royalties and other licensing fees
Marketer is someone that you appoint because of
their networks and contacts,
licensing opportunities that they can find for you
That is, if you don’t know someone with whom to do a deal with, find
someone who does
Appointment of a Marketer often approached with hesitation
Many people offerring services as marketers in fact do not have the networks
and contacts that they say that they do
But don’t be deterred
Many successful deals have been facilitated by contract marketers
Ex-pharma executives
Marketing plan strategy
Marketing Plan might make provision for the appointment of a marketer
Identify Marketers
Identify their areas of expertise
Undertake a due diligence on the Marketer
Who have they worked for
What networks and contacts would you expect them to have
What deals have they successfully facilitated
Identify your technologies that may benefit from the appointment of a
Marketer
Engage not on retainer, but on success only
Direct approach – Evaluation Package
A package that is sent out to multiple potential licensees
Package may contain:
One pager non confidential description of the technology
Data sheet to substantiate claims
Link to published patent (or copy)
Link to published literature (or copy)
Template Confidentiality Agreement or Material Transfer Agreement
Letter inviting an interested recipient to evaluate the technology
Identify all possible potential licensees that may be interested
Identify key person in each organisation to approach
Send the evaluation package
Follow up with each recipient to whom it was sent
Direct Approach - Roadshows
A roadshow is a personal presentation to potential licensees
Identify licensees
Confirm their interest
Don’t wait for the phone call asking for a license
Be proactive
Get on a plane and go and see all of them
Arrange appointments with all of them and do a roadshow trip to the US
and/or Europe to make presentations
Personal presentations can quickly screen uninterested potential licensees
from real candidates
Interaction efficiently progresses the discussion and assessment of the science
Starts the important relationship building exercise that is an important part of
every deal
Marketing plan strategy
Consider Evaluation Package being sent off
Particularly useful strategy if
a technology where it is proposed to license many times on a non
exclusive basis
a technology that complements the existing technology of the recipients
Should not be regarded as a first strategy
Should be regarded as a strategy to employ when other strategies are
inapplicable or exhausted
Undertake roadshows to all potential licensees to progress an assessment and
discussions
Databases of available technologies
Some research organisations put their technologies on their web site to
identify technologies available for licensing
Works if you are MIT or Stanford
For others, not acknowledged as likely to lead to licensing opportunities
Most research organisations don’t put their technologies on their wewb site,
because it isn’t acknowledged as working
Commercial databases:
https://members.knowledgeexpress.com
Databases of technologies available for licensing
Has operated for some years
Very much a hit and miss approach
Marketing Plan is a living document
A Marketing Plan is not a static document
It needs to be a living document
This means that it must be continually reviewed, assessed, updated
Strategies that are not working need to be put in the back seat (for possible
later use)
Strategies that are working need to be focused on
New networks and relationships are formed all the time
New marketing opportunities arise from those new networks and opportunities
Marketing Plans
Must not remain idle
They must be implemented
Conclusion
Licensing and commercialisation occurs
More often between people who know each other
Less often between people who don’t know each other
Licensees
don’t come knocking on your door because you might have technology
interesting to them
Or, don’t come knocking on your door at ll
The key to a successful licensing strategy is to proactively go out and expand
your network
the more people that you know
the more likely you will find someone that will be interested in doing a
deal with you