IN BRIEF:

Latest Media: Climate change optimism - Best way to stop others from using your name - The ultimate sustainability tool - You are never too small - Register your own domain

Out and About:  Save the world conference - Hi-tech awards - Natural Products industry

Clients' Successes Recognised:  Temperzone

Juice on JAWS: Sustainable pathway - New employees - Sébastien Aymeric - Sarah Tallon

James & Wells has been closely aligned with this innovative export focused industry for over  three years , helping  many members with their Intellectual property needs  to succeed both internationally and  locally.  Read Natural Products NZ's full press release via their website.

Global warming is a gloomy subject.  Not surprising, considering the disastrous consequences of anthropogenic impacts on the atmosphere predicted by many.  But even an overly cataclysmic vision of the future is not a bad thing if it makes the global community sit up, take notice and take action.

Without making light of the risks, many others feel there is a brighter side.  New technologies constantly promise ways to reduce humankind's environmental impact and possibly even ways to reverse past effects.

In that spirit of optimism, this article provides a fleeting glimpse of five recently patented technologies that may help the fight against climate change.

1. Biofuels - Lanzatech

The New Zealand-based company LanzaTech has recently patented a method of obtaining biofuels from industrial waste gases that contain carbon monoxide.  Its method reduces carbon emissions and, unlike other biofuel production methods, is not reliant on crops grown on farmland so even its widespread implementation would not be detrimental to global food supplies.

Recently Richard Branson was in New Zealand as Virgin Atlantic announced that it would be using jet biofuel produced using Lanzatech's technology by 2013.

2.  Organic solar technology - Konarka

Konarka was co-founded by Dr Alan Heeger, joint winner of the 2000 Nobel Prize for Chemistry for the discovery and development of organic conductive polymers.  Konarka produces a thin, flexible organic solar panel called Power Plastic that can be literally printed off a machine like newspaper, making it cheap to produce and possibly a viable energy source for the developed world.  Its flexibility also allows it to be incorporated into building designs in a myriad of ways, unlike traditional rigid, black, silicon solar panels.

3. Biochar - CarbonScape

Many emerging technologies seek to be carbon neutral.  But carbon neutrality does not address the increase in carbon dioxide in the atmosphere already caused by humankind.  Carbon sequestration refers to the process of capturing this atmospheric CO2 and locking it away.  One form of sequestered carbon is biochar, a form of charcoal that is made from biomass and locked away in the ground.
 
New Zealand based CarbonScape has recently patented the use of microwave technology to convert waste biomass into biochar.  The result is a low cost method of reducing the amount of carbon in the atmosphere that has the added benefit of increasing soil fertility.

4. Integral Fast Reactor - Hitachi GE Energy

Nuclear power polarizes opinion.  Some argue it is inherently dangerous and point at the difficulty of safely disposing of the bi-products.  Others think it is an essential fuel source for the future and its dangers are now well managed and in any case fewer than the indirect effects of traditional fossil fuels.

One exciting emerging technology is a type of nuclear reactor called an Integral Fast Reactor (IFR).  IFRs use the dangerous bi-products of other nuclear power stations as a fuel, releasing the stored energy missed by the first power station and rendering the waste considerably easier to safely dispose of.  Furthermore, it is impossible for IFRs to go into meltdown.

US company Hitachi GE Energy has recently been granted a patent for an IFR reaction process and is now looking to put it to widespread use.  In late November 2011 it made an offer to the UK Government to build a reactor to use up the waste of an existing nuclear power station within 5 years, at no cost if it does not work.  Once the existing waste is used up the IFR would keep recycling the fuel, extracting ever more of its energy.

5. Nuclear fusion - Tri-alpha Energy

Nuclear fusion is arguably the panacea to the world's energy needs.  Unlike nuclear fission, which is the form of reaction used in today's nuclear power stations, fusion power would be inherently safe, produce virtually no harmful waste materials, and yield large amounts of energy from a source that is effectively limitless (sea water).
Despite the hype, the production of fusion power has proved technically very difficult.  Being able to usefully harness energy from the process is perennially thought to be several decades away.

But every now and again a promising breakthrough is made.  Recently, a secretive US company called Tri-alpha Energy (so secretive we can't find its website) has had a patent granted for a promising fusion process called field reversed configuration (FRC).  It has previously stated that it believes a prototype for commercial nuclear fusion could be achieved before 2020.

Cautious optimism

The technologies discussed above are emerging, not without their own problems and far from a complete solution.  But they do promise ways to produce energy with reduced environmental, social and economic effects compared to existing methods.
 
It is encouraging to note that companies are taking the steps of patenting these technologies.  This shows they believe the technologies have enough commercial potential that can be realised in the near future to be worthy of protection under the 20-year term of a patent.  Instead of giving companies a monopoly, patents offer a fast path to market through licensing.  This enables the rapid and widespread adoption of technologies.  It also ensures financial rewards are received, which are critical for rewarding innovation and encouraging further research.

In the past, technological advances have provided unexpected solutions to global problems.  We should take great comfort in the thought that necessity will continue to breed inventions like the good mother it is.

This article first appeared in Celsias and was written by Jonathan Lucas, an Associate of James & Wells. To contact Jonathan please email him on jonathanl@jaws.co.nz or phone 09 914 6740.

We are delighted to announce that Gunter Pauli will deliver the first keynote presentation on Monday 2nd April. The celebrated founder of the ZERI (Zero Emissions Research Institute) and the 'Blue Economy' online community will be making a rare visit to Australasia and we are thrilled that he has confirmed his involvement in the Conference.

Intellectual property can protect various sources of competitive advantage. Used properly, it can turn competitive advantage into sustainable competitive advantage and will help maintain long term profitability.

A trade secret is unregistered intellectual property that relies on information remaining confidential.  As long as it's not generally known in the industry it may remain a source of competitive advantage, so it's important to introduce and maintain strict secrecy protocols to protect the trade secret. 

These protocols may include physically isolating the information, having a limited number of authorised personnel who can access the information, creating an access log, using confidentiality agreements, exit interviews and separating the information into parts so no one person has a complete copy.

However, if a competitor is able to reverse engineer the information, or independently develops the same knowledge, the competitive advantage will be lost.

A patent, on the other hand, provides exclusive rights to make, use and sell an invention or technology for 20 years. A patent can protect a product, system or technical process provided it is novel and not obvious in view of existing technology. 

The competitive advantage provided by the technology can be sustained for 20 years, assuming the technology is not superceded in this time. Patents also attract capital and can be licensed in return for royalty payments. The investment and increased bottom line will impact positively on the longevity of the business.

A registered trademark protects a brand's goodwill and reputation. It can protect almost any element of the brand, including words, slogans, logos, colours, three-dimensional shapes, sounds and smells. A good trade mark is an extremely valuable asset because it is an indication of origin. It is the reason people frequent your store or buy your products or services over others. If you can't effectively control who uses your brand, it's likely trade will be diverted away from your business.

Copyright and registered designs can protect the distinctive look of an industrial product, which is important to consider if the reason people purchase your product over others is its attractive shape (think of David Trubridge light fittings, for example). 

If intellectual property can be used to protect revenue streams or create new revenue streams through sale or licensing, then the company has a better chance of achieving longevity.

IP can also play a direct sustainability role by impacting positively on staff. Many companies with an integrated approach to IP include innovation incentives in remuneration packages. Some permit employee inventors to participate in the return generated by the innovations they create. This gives employees the chance to enjoy rewards many times larger than their usual salary and encourages them to be innovative for the benefit of the company.

IP indirectly helps promote sustainability throughout the business community. Registered certification trade marks, such as CarboNZero, can be used by businesses that comply with the certification scheme's regulations, to prove their commitment to the environment. As the sustainability movement grows and more consumers select goods or services that carry this mark, more businesses will be motivated to become sustainable.

The patent system encourages innovation by rewarding inventors with 20 years of exclusive rights for their invention, which can provide a return on the time and capital invested in research and development. Without this promise of exclusivity and time to recoup their investment, the research leading to technologies that lessen environmental impact might not occur. Patents also enable innovations to be licensed quickly and globally so that innovators can realise financial rewards from such innovations while enabling their rapid, widespread use and consequent environmental benefits to society.

So if you want to improve your sustainability, consider not only biking to work, switching off your computers and lights at night, recycling paper and waste, procuring from sustainable suppliers, but also filing a patent - preferably for an amazing cleantech invention!

This article first appeared in Unlimited Magazine and was written by Simon Rowell. To contact Simon, please email him on simonr@jaws.co.nz or phone 09 914 6740.

Trade mark registration instantly gives rights throughout NZ

If you take the simple and inexpensive option of registering your brand as a trade mark, you do not have to prove goodwill.  You can prevent anyone anywhere in New Zealand from using the same or a similar trade mark in relation to the same or similar goods or services. 

Imagine starting a new lawn mowing business in Auckland that you hope to franchise, but finding when you go to set up your first franchise territory two years later in Wellington that someone had started a competing business there under a very similar name about six months after you started in Auckland.  Unless you can prove you had a significant reputation amongst a section of the public in Wellington more than 18 months ago, your franchise plans will be ruined.

Cheaper to enforce formal IP protection

It also annoys me when people say "it's not worth protecting IP if you cannot afford to enforce it".  Ninety percent of IP disputes never get anywhere near a court, and are resolved relatively quickly and without great expense.  Usually a cease and desist letter pointing out the infringer's faux pas will catch the infringer like a possum caught in headlights.  Without the formal IP protection, the dispute would be far more difficult and costly to resolve.

Do not disclose your product until you have patent or design protection

Unfortunately, many New Zealand entrepreneurs also make the mistake of waiting until their innovation has proved itself commercially before they seek patent or design protection.  A fundamental requirement in most countries for obtaining a valid patent or design is that the innovation is novel, which means not known, used or published prior to the date you file the patent or design application.  So business owners that offer their amazing new product for sale before they seek protection for it will shoot themselves in the foot. 

There are some limited grace periods of up to a year in countries like the United States, Canada and Australia, however in many important markets (including Europe), you will have very little chance of securing protection.

So, make sure you see your patent attorney before you put your product on a website or offer it for sale or even talk to potential customers.

Cannot afford IP protection?  Can you afford not to have it?

IP isn't as expensive as many people believe.  It is also possible to delay some of the more expensive international filing costs for many months.  In the case of patents you can delay up to 30 months or more using the Patent Co-operation Treaty system.

Process for patenting a new invention using PCT application

Let's use protecting a new invention as an example.  I would first file a provisional patent application in New Zealand.  This will cost me around $5,000, maybe less.  That provisional application buys me 12 months before I have to consider completing the New Zealand application, and file corresponding applications into international countries. 

Immediately prior to the 12 month deadline, I would complete the New Zealand application and file a Patent Co-operation Treaty application (PCT application), which effectively covers in a single patent application about 180 countries for around $12,000 - $15,000. 

The PCT application buys me another 18 months, before I have to file individual complete applications in each international country of interest, and I can at that time elect to file into only one or all 180+ countries. 

Benefits of pending patent application

As soon as I have filed my New Zealand patent application, I have the deterrent and marketing effect of being able to say "patent pending", no one can see my patent application until it is actually published, and I now have an asset that I can talk to potential licensees about.  So for under $20,000 I have created a new asset that may well form the foundation for an ongoing revenue stream to my business.  If you can't raise $20,000, then being in business is not going to be a long term career for you.

Of course, unless I actually go ahead and complete the PCT application in a particular country, there will be no rights in that country.  Completing the application in each country is where costs can increase quickly.  However, before the 30 month mark you should have a very good indication of whether this new product will be successful, and you should able to raise the capital required to complete your patent application in the appropriate countries.

Deterrent value

Without the patent application, and the granted patents that will ultimately result from it, my new invention would likely be copied extremely quickly and I wouldn't have any chance of stopping it.  Even if the pending patents deter or delay one competitor, then I would say they have paid for themselves.  If someone does infringe the patent, then you at least know you have someone very interested in using the invention - and a probable candidate to become a licensee of your technology. 

Licensing in return for royalties

IP doesn't always have to be about stopping someone from using your technology - in fact, it can often make far more sense to let others use your IP in return for a royalty under a licensing agreement.

Licensing lets you exploit your technology in geographic areas where you do not have expertise or sufficient resources to create a distribution channel.

This article first appeared in Celsias and was written by Simon Rowell. To contact Simon, please email him on simonr@jaws.co.nz or phone 09 914 6740.

1. How can companies protect their name against copycats?
2. What is a trademark and what can be registered as a trademark?
3. If I've registered my company name with the Companies Office, isn't that enough?
4. If I get rights to my brand just by using it, why do I need to register it as a trademark?

IN BRIEF:

Latest Media: Law Awards win  - Protecting IP - Natural Health Products Bill - Key ingredients - Protecting and commercialising - NZ's competitive edge - How IP savvy is your CEO?

Out and About:  Waikato's Buddy day

Clients' Successes Recognised:  Nimbus Lighting - RimPro-Tec

The Juice on JAWS: NZIPA president - Christmas shut down - Client satisfaction survey