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1、 2015 MOBILE PATENTS LANDSCAPE AN IN-DEPTH QUANTITATIVE ANALYSIS CHETAN SHARMA FOURTH EDITION MOBILE PATENTS LANDSCAPE: AN IN-DEPTH QUANTITATIVE ANALYSIS 2 Introduction | Copyright 2015, Chetan Sharma Consulting, All Rights Reserved. Use without permission is strictly prohibited. Introduction 4 Rise
2、 of Intangibles 6 Methodology . 8 US vs. Europe 8 Mobile Patents The Leaders . 13 Overall 13 US vs. Europe . 14 Mobile Operators . 14 Platform Players . 15 Infrastructure Providers 15 OEMs 16 Future Patents 17 Mobile Patent Analysis 18 Important Patent Areas 23 Conclusions . 26 About the Author 27 M
3、OBILE PATENTS LANDSCAPE: AN IN-DEPTH QUANTITATIVE ANALYSIS 3 Introduction | Copyright 2015, Chetan Sharma Consulting, All Rights Reserved. Use without permission is strictly prohibited. Were going to aggressively protect our intellectual property. Our single greatest asset is the innovation and the
4、ingenuity and creativity of the American people. It is essential to our prosperity and it will only become more so in this century. But its only a competitive advantage if our companies know that someone else cant just steal that idea and duplicate it with cheaper inputs and labor. Theres nothing wr
5、ong with other people using our technologies, we welcome it we just want to make sure that its licensed, and that American businesses are getting paid appropriately - Barack Obama, US President Competition in the future is competition in IP - Wen Jiabao, Chinese Premier I actually think that we requ
6、ire much more work on IP in this country - Tim Cook, CEO, Apple From a Google perspective, intellectual property rights are fundamental to how we operate because we operate based on a set of proprietary things, which we view ourselves as our own intellectual property, so the company wouldnt exist wi
7、thout basic intellectual property rights. - Eric Schmidt, Chairman, Google Disclaimer Chetan Sharma Consulting is one of the most trusted advisory firms on all aspects of Mobile Patents ideation, writing patents, claim construction, valuation, IP policy and best practices, product and IP analysis, I
8、P strategy, and legal disputes. The firm has analyzed and evaluated thousands of patents/applications and hundreds of patent portfolios from leading mobile companies around the globe. This research document presents a quantitative assessment of the mobile patents landscape; however, the discussion i
9、n the paper shouldnt be construed as legal advice. The author or the company assumes no liability of any kind, whatsoever. Any use or reprint of the material discussed in the paper without prior explicit written permission is strictly prohibited. MOBILE PATENTS LANDSCAPE: AN IN-DEPTH QUANTITATIVE AN
10、ALYSIS 4 Introduction | Copyright 2015, Chetan Sharma Consulting, All Rights Reserved. Use without permission is strictly prohibited. Introduction The idea of Intellectual Property (IP) is as old as the debates Aristotle used to have about philosophy and society. All mature civilizations and societi
11、es come to appreciate the value in preserving the IP created by its citizen and give the rights to the benefits that such IP creates. IP is enshrined in laws and principles of doing trade and business. It is also how nations outmuscle each other over long periods of time to become dominant economies
12、. In a knowledge economy, the very competitiveness and durability of the nations prosperity depends on how well the framework of IP and patents works in the country and the steps it takes to avoid theft and misuse of the laws while enforcing the rules and regulations on the books. IP has been an int
13、egral part of the economic engine of the western world for many decades if not centuries. Over the past two decades, nations and corporations have competed on the creation, funding, execution, and protection of the new ideas. Mobile is first computing based technology that will encompass the entire
14、human race and then some. In 2014, the number of cellular connections went past the human population. Additionally, the rise of IoT and Wi-Fi-led usage has meant that the use- cases for mobile and the impact it can have across verticals have exploded. Mobile has outgrown its own universe and now exp
15、anded to segments such as health, industrial, retail, education, agriculture, and more. As such, the intellectual property being generated has become very mobile centric. In 2014, the US crossed a major milestone, more than a quarter of the overall patents that were granted had something to do with
16、mobile. Mobile expertise and by extension the IP is being developed by more companies around the globe beyond the traditional ecosystem players such as Samsung, IBM, Microsoft, Qualcomm, and Ericsson. Billion dollar mobile companies are emerging from India, China, and Europe. Africa and Latin Americ
17、a are not far behind. As expected, mobile has removed the artificial boundaries of time and distance and empowered developers across regions. Mobile is also levelling the playing field, increasing the opportunities for entrepreneurs far and wide. A dreamer in Nairobi has as good a shot at success as
18、 anyone else in the west. All the innovation and economic activity has also increased the patent activity around the world. While US remains the leader in terms of overall quality and quantity. China and its companies are starting to flex some muscles on the big stage. In 2014, China went past the E
19、uropean leaders Germany, France to become the 3rd player behind US and Japan to file the number of patent applications. While US, Europe, and Japan remain the overall leaders in patents both in quantity and quality; Chinas is at the top MOBILE PATENTS LANDSCAPE: AN IN-DEPTH QUANTITATIVE ANALYSIS 5 I
20、ntroduction | Copyright 2015, Chetan Sharma Consulting, All Rights Reserved. Use without permission is strictly prohibited. in terms of growth rate. Amongst the top 3 filers, Huawei and ZTE are from China (Qualcomm was the third player on the list).1 According to the US Patent Office (USPTO), in 201
21、4, the number of patents granted grew over 8% by the end of 2014 for the same time period.2 The numbers of foreign filings are now in the majority for both the applications filed as well as the patents granted. As we look into the mobile related patents, the growth is much more striking. The number
22、of mobile related patents that were granted by the USPTO and the EPO increased significantly over the course of last decade. The US market saw a 440% increase while the European market saw a 71% increase in mobile related patent grants.3 Another interesting fact is that in 2014, for the first time,
23、over a quarter of all patents granted in the US were mobile related. This grew from around 2% in 1991 and 5% in 2001. In Europe, roughly 9% of the patents granted are now related to mobile. Europe saw a decline of 4% in mobile patents in contrast of 16% growth in the US market. It is also interestin
24、g to note that a number of new Asian companies like Mediatek, Alibaba, and Xiaomi have stepped up their IP efforts and substantially increased the filings in the US. Chetan Sharma Consulting analyzed over 7 million patents granted by the USPTO and EPO over the last two decades to understand how mobi
25、le has become a key enabler for all technology companies. Furthermore, we looked at patent granted to the top 65 technology companies who are active in the mobile space to understand their relative strengths and weaknesses in the mobile patents landscape. This study is fourth in the series that does
26、 an in-depth quantitative analysis of the mobile patents landscape.4 1 Source: WIPO, http:/www.wipo.int/pressroom/en/articles/2014/article_0002.html 2 Source: Based on USPTO data, Chetan Sharma Consulting Analysis, 2014 3 Source: Chetan Sharma Consulting, 2014 4 The 65 companies dont include non-pra
27、cticing entities. The bottom part of the long-tail is representative companies in the ecosystem, not necessarily the top companies by rank. For example, there are several companies who have more patents in the mobile space which are not on the list. Facebook was picked because it is perhaps more rel
28、evant to the mobile space. Any omission is unintentional. MOBILE PATENTS LANDSCAPE: AN IN-DEPTH QUANTITATIVE ANALYSIS 6 Rise of Intangibles | Copyright 2015, Chetan Sharma Consulting, All Rights Reserved. Use without permission is strictly prohibited. Rise of Intangibles The value of the company is
29、increasingly tied with the intangible assets that include its intellectual property. Over the past decade, the intangibles have accounted for roughly 57% of the global enterprise value that is approximately $60 trillion.5 The investment trends have also shifted towards the intangibles. If we look at
30、 the last 50 years of investment as a function of the GDP in the US, the intangibles used to account for roughly 4% vs. the tangibles over 9%. By 2007, both segments were roughly 8-9% of the GDP thus intangibles are as important as the tangibles (Figure 1).6 Similarly, in some of the major billion d
31、ollar M&A transactions, the intellectual property value of the acquiree is generally equal or greater than the purchase price.7 Figure 1: The share of the global economy assets tangible vs. intangibles8 The value of a patent portfolio is determined by the quality of the patents.9 The total number of
32、 patents granted while not critically important in assessing the value of the portfolio does play an important role in determining the importance of the portfolio. 5 Source: Brand Finance, 2011 6 Intangible assets and national income accounting: Measuring a scientific revolutions, Leonard Nakamura,
33、Federal Reserve Bank of Philadelphia, 2009 7 Properly evaluating a target with intellectual property rights, David Drews, 2011 8 Data Source: Brand Finance, 2014 9 Patent portfolio quality analysis is outside the scope of this paper MOBILE PATENTS LANDSCAPE: AN IN-DEPTH QUANTITATIVE ANALYSIS 7 Rise
34、of Intangibles | Copyright 2015, Chetan Sharma Consulting, All Rights Reserved. Use without permission is strictly prohibited. The breadth of the patent coverage determines how much a company has invested and Patent Offices view of that investment. The quantity also comes into play during the M&A or
35、 licensing transactions. The bigger the portfolio, typically, higher the valuation. Of course, the valuation is dependent on the quality, prior art, fundamental and essential technology patents, citations, relevance to the standards, relevance to the technology in use, and other factors but the size
36、 of the portfolio also plays an important role in the discussion and the eventual valuation of the patent portfolio or the company itself. In legal disputes, the discussion is generally limited to a few relevant patents. However, given that 90%+ disputes get resolve in settlements and/or cross-licen
37、sing/licensing agreements, the quantity of patents come into play in those scenarios as well. MOBILE PATENTS LANDSCAPE: AN IN-DEPTH QUANTITATIVE ANALYSIS 8 Methodology | Copyright 2015, Chetan Sharma Consulting, All Rights Reserved. Use without permission is strictly prohibited. Methodology The two
38、most important IP jurisdictions for the mobile industry are that of the US and Europe.10 Chetan Sharma Consulting analyzed patent filings and granted patents in these two territories from the last 25 years: 1991 2015 and specifically looked at the mobile related patents for the 65 top companies in t
39、he mobile ecosystem. For the purposes of this analysis, we only looked at the relevant (active) mobile patents during 1997-201511 which is the time period for the validity of the patents. For e.g. between the studied time period, IBM has been granted the most number of patents of any company in the
40、mobile segment but only 27% of their patents are relevant to the mobile ecosystem. There are others like Qualcomm and Blackberry whose Mobile/Overall ratio is roughly 80%. Samsung has the second largest overall patent portfolio behind IBM and its mobile ratio is 24%.12 US vs. Europe Doing the patent
41、 analysis over a long-period gives us an understanding of the strategy and product direction of the leading players in one of the most important industries of the knowledge economy. During the 1997-Q1 201513 time period, the USPTO and EPO granted a total of over 7 million patents almost evenly split
42、 between the two jurisdictions. The USPTO accounted for roughly 52% of the total patents. During the same time period, the total number of mobile related patents were 763,630 with the USPTO accounting for roughly 68% of the patents. In terms of mobile patents, the USPTO completely dominates its Euro
43、pean counterpart accounting for almost 79% of the mobile patents granted in 2014. A decade ago, the US share was at 55% and 20 years ago, European share of the mobile patents was 53%. For much of the last decade, the US and the European patent trends were similar in nature, both in terms of the tota
44、l number of patent grants as well as the number of mobile related patents that were granted during the decade. However, around 2004, things started to change quite drastically. While the European market continued at its steady pace, the US market really took off for mobile patents so 10 Japan and Ch
45、ina are two other patent powerhouses, Japan the traditional one, and China the emerging one, however, for mobile, US and Europe tend to have the most activity. The WIPO office reported that in 2011, the top 4 applications were from China and Japan - ZTE, Panasonic, Huawei, and Sharp respectively. Ro
46、bert Bosch from Germany and Qualcomm from US made up the top 6. In Europe, Germany, France, and UK are the top applicants. Samsung and LG make Korea one of the top 5 countries that file for patent applications. 11 Since 1995, a patent granted in the US is valid for 20 years from the date of filing.
47、Given that it roughly takes 3 years to gain a patent, we focused on the 17 year validity period of patents. 12 Source: Chetan Sharma Consulting, 2015 13 The search included patents granted till 3/15/2015 MOBILE PATENTS LANDSCAPE: AN IN-DEPTH QUANTITATIVE ANALYSIS 9 US vs. Europe | Copyright 2015, Ch
48、etan Sharma Consulting, All Rights Reserved. Use without permission is strictly prohibited. much so that by Q1 2012, the US market was granting the mobile patents at 2.5x rate than its European counterparts. As shown in figures 2-6, the disparity between the two jurisdictions is quite evident in the
49、 last 4-5 years. In fact, US dominates the mobile patent rankings with 48% of the companies in the top 50 are headquartered in the US. This is followed by Japan at 14% and China at 8%. Europe collectively comprises of 18% of the companies. Figure 2. Mobile Related Patents Grants: US vs. Europe (1991-2014)14 A more startling observation is the mobile patent grants as a percentage of the total patent grants in a given year have risen significantly for the US market indicating the importance that innov