marketing plan mendes

7/31/2019 Marketing Plan Mendes

http://slidepdf.com/reader/full/marketing-plan-mendes 1/43

I N N O V A T I O N L A WPHILIP 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]

Topic 9

Establishing a Marketing Plan for Technology

Commercialisation

mailto:[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 thatdifferentiates

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




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




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 andpharmaceutical companies

Again, must be constant strategy, inadequate to do it once

HPV



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 theopportunity for a deal may arise

Even more important

Ask the person you know if they know someone else who can open thedoor for you

That represents an even wider network



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 forinnovation 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



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 RidgeNational Laboratory, Oregon Health Sciences University, TulaneUniversity, University of Utah

These institutions vary in size, and vary in specialisation




Sources of Leads for Licenses

0

10

20

30

40

50

60

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)




Scientists need to be asked who they know that may be interested in theirinvention

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 evaluationprocess

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 beinterested




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



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 canidentify

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 alicensing 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 yourtechnology available to them, and allow them to access their networks andcontacts – the people that they know, to commercialise the package of yourtechnology 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 thepotential 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 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 aresearch 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 andconsumables), leveraging off their infrastructure, foregoing seeking costs

for infrastructure, and foregoing a profit component)

On that basis, research organisation owns the IP outcomes, and licensesoutcomes to research sponsor

Reward for providing infrastructure at zero cost, and foregoing profitcomponent is the expectation of royalties




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%)




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 accountindirect 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 theresearch sponsor should own, and license out



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 inthe 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




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 ?




Newsletter Watch and Press Release Watch

Specialists newsletters published regularly on industry news informing theindustry 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 containingyour key words

All are means to keeping informed about what is going on

Identify

Potential licensees


Potential infringers Ozgene




Industry Watch

Be aware of new products and inventions that enter the market place in your

space

Identify

Potential licensees

Potential research collaborators


Potential infringers

GE



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 thatexactly the same invention may be made by different people, in closeproximity in time

Very possible that an infringer may not know that they are infringing yourpatent

Infringers are the easiest target to take a license from you




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 adiscussion about respective patent positions

That starts a dialogue on whether there is an infringement, and if so, the availability of a license




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 unnecessaryto have to consider infringement

An infringer is not necessarily someone against whom you litigate

An infringer may be someone who becomes your most valuable strategicalliance partner



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 italtogether




Appoint Marketers

A Marketer is someone that goes out and markets your technology and findslicensees 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, findsomeone who does

Appointment of a Marketer often approached with hesitation

Many people offerring services as marketers in fact do not have the networksand 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 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 aMarketer

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



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 possiblelater 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 technologyinteresting 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 expandyour network

the more people that you know

the more likely you will find someone that will be interested in doing adeal with you

marketing plan mendes

Documents