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report BaseLaunch

“IP protection is crucial for business and research”

08.05.2018

The patent law and attorney-at-law firm Vossius & Partner has been an important partner for BaseLaunch since the inception of the healthcare accelerator in 2016. They advise startups and big corporations alike on IP strategy. Philipp Marchand, patent attorney in the Basel office, advocates to take IP protection seriously.

BaselArea.swiss: Vossius & Partner maintains offices in Munich, Düsseldorf, Berlin and Basel. How do you fit in the Swiss and Basel ecosystem?

Philipp Marchand: Our firm was founded in the 1960s, coming to Basel eleven years ago. We have developed extensive and profound in-house knowledge concerning all IP issues and currently represent clients of all sizes from startup companies to big pharma in Switzerland and all over the world. Basel, as one of the most exciting life science locations, is of particular interest to our firm, which has one of the largest life science groups in Europe.

That sounds a bit sophisticated for startups.

Not at all. Our expertise obtained from representing clients of all sizes is a huge advantage for the startup sector. Moreover, instead of considering IP issues in an isolated way, we endeavour to take all possible future developments of our cases into account. This includes considering aspects from other jurisdictions since, even as a startup, you have to be aware of potential worldwide implications right from the start. In addition, we work with our attorneys-at-law to not only protect an invention but also to provide advice on related aspects such as freedom-to-operate.

You are also involved in BaseLaunch. Why is that?

We entered into a partnership with BaseLaunch in order to be closer to the startup community in Basel and Switzerland. We meet with each of the selected companies and review their IP situation free of charge in order to identify potential ways to optimize protection. We are excited to be able to offer our expertise more frequently to startups because we believe that they genuinely benefit from our full service approach. If they wish, later they can also enter into a client relationship and benefit from our experience right from the start. Of course, we then have to charge for our services. However, we offer a very reasonably priced system for startup companies and universities.

Why is it worth it to spend that money?

IP protection is crucial in all technological fields and in more than one aspect: It is the only reliable means to ensure that you can make a profit in the long run in different markets worldwide. For a startup company working in life sciences, or any other technological field, the most important type of IP is without a doubt a patent right. Specifically, only a patent grants you the monopoly to keep third parties from using your invention. However, further IP topics are relevant at an early stage, too. For example, a trademark protecting the company’s name or its products that are put on the market can be invaluable. Without trademark protection a startup may be forced to change its name or the names of their products, which can incur considerable costs.

What if a researcher has no intention to commercialize his or her invention right-away?

You might think keeping your invention a secret is a good idea. But in the meantime another bright mind might have the same idea and file for patent protection. Today all jurisdictions, including the US, follow the “first to file” principle, which means that you may have missed your chance and you could even be sued for infringement by a third party for using what you thought was your own invention. We therefore strongly encourage inventors and their employers to file for IP protection as early as possible.

What do I need to protect an invention?

We like to discuss everything with our clients in person to fully understand the potential product as well as its market and its customers. Afterwards, we draft the patent claims, which means that we define the invention and the technical problem that it solves. We file the application text with a patent office, usually with the European Patent Office (EPO) as part of the European Patent Organization of which Switzerland is also a member. One year after the first filing, we can prepare a subsequent application, which covers more than 150 states worldwide. The whole process until an application is granted can take more than five years.

Is there a difference in the importance of IP protection in the life sciences sector compared to other fields?

The biggest difference is the longer product life cycle for pharmaceutical products and the stricter regulations compared to, say, short-lived computer hardware. Also, due to the long product life cycles and general development costs in this sector, patent protection is the only way to ensure that the owner of the patent right benefits first from the invention. With a particular focus on the pharma sector, one should also mention the need to build-up an IP portfolio which not only protects, for example, a drug but also the process of making that drug, different formulations, dosage and treatment regimens and so on. At the same time, you should consider using additional IP rights such as trademarks. Take Bayer who invented Aspirin. The patent for the active ingredient acetylsalicylic acid has long expired, which means it may be widely produced and sold. However, the trademark still ensures that people specifically ask for Aspirin.

Are there any reasons to advise against filing for patent?

Yes, of course. There are situations where it may make sense to wait with filing a patent application until sufficient data and support has been collected. For example, it may not always be advisable to file a patent for a research platform to protect a screening method for active compounds. This is because patent applications are published 18 months after filing, meaning that everyone has access to the method. In this scenario, it may make sense to wait for the first molecule that emerges from your platform and file for product protection. However, such strategic aspects should always be discussed on a case-by-case basis.

Which misconceptions concerning IP do you sometimes encounter?

Most researchers are aware of IP protection but the execution could be better. One misconception includes the so-called grace period. There is no grace period in European patent law or in most other jurisdictions with the exception of the US, Japan and Canada. After you publicly disclose your own invention by writing or talking about it, you may not be able to obtain patent rights for your invention.

What may researchers reveal to their peer collaborators?

An invention is new if it does not form part of the state of the art, meaning it is not publicly known. Hence every discussion with a colleague or presentation of a poster at a conference prior to filing a patent application can potentially destroy the novelty. You may think that no one will find out. However, when it comes to money, third parties will leave no stone unturned. Of course, we are aware of the conflict between patent applications and the need to publish academic papers or give presentations. If you are unsure what to do: It is always better to come talk to us before a publication, a poster presentation or any other public disclosure, even on short notice.

 

About
Philipp Marchand heads the Basel office of Vossius & Partner. After graduating in biochemistry at the University in Frankfurt am Main and his PhD studies at a CNRS institute in Paris, he started his career as a patent attorney trainee with Vossius & Partner in Munich. After the bar examination, he transferred to Basel at the beginning of 2017. Recently, he started to pursue a doctorate in law at the University of Basel. Vossius & Partner is a leading patent law firm offering a full-service concept with legal competence from patent attorneys in every technological sector and attorneys-at-law qualified to practice not only in Europe and Switzerland, but also in the United States, Japan, Taiwan and Korea. The firm employs 55 patent attorneys and 20 attorneys–at-law in their offices in Munich, Düsseldorf, Berlin and Basel.

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report BaselArea.swiss

Connecting Innovators App Launch

11.04.2018

How the BaselArea.swiss-App connects innovators and supports an innovative idea.

One of the major assets of BaselArea.swiss is its broad network, which has been confirmed time and again by the participants of our seminars, workshops and conferences. To simplify the networking during and after the events, BaselArea.swiss launches the App “Connecting Innovators” together with SAS Papott.

The use is simple: After downloading the app from Google Play or from the App Store, connect with your LinkedIn account and complete your profile. You will see the other event attendees in a list with their name and picture, filtered according to proximity to your location, thus facilitating connect with other participants. Not only will you see which users attend the same events but it is also easier for specialists to connect to people with similar interests or for entrepreneurs to approach potential investors.

Networking made simple

Originally, the developer and founder of SAS Papott, Maxime Vitrey, had the vision of improving our ability to connect with our fellow human beings on a more general level. He designed an open app and everybody who created a profile could see who is close by. “I wanted to make it easy for everybody to get in touch with each other.” He also realized the potential the technology holds for networking at conferences. “I know from personal experience how hard it is to get in touch with other participants I do not know yet”, Maxime says. The challenges are manifold: Groups of people who stay together because they know each other already; name tags that are hard to read; the slightly impolite act of interrupting people who are engaged in conversation. And last but not least: finding the people you should talk to because you share the same area of interest.

The World of entrepreneurship

After attending a startup seminar organized by BaselArea.swiss, Maxime approached Sébastien Meunier, Head of Innovation & Entrepreneurship, to suggest creating an application according to the needs of the organization. “We quickly decided to give it a shot”, says Maxime. Being a seasoned project manager, he developed new techniques and gained experience during the implementation of the project since the whole value chain was in his hands. Currently, he approaches new customers to build clones of the app. He sees potential to ease interaction in large companies during meetings or amongst their employees. Further, the technology could be used in hospitals to allow patients to socialize with other patients. While Maxime still works for his long-term employer, Jet Aviation, he is also pleased that his entry into the world of entrepreneurship is successful. “It is extremely exciting to finally be the entrepreneur I always wanted to be.”

For BaselArea.swiss, the app allows the participants of the more than 70 events per year to be served even better: “The app helps to strengthen one of our core disciplines in creating an open and supportive business culture - a solid network with approachable members,” says Sébastien Meunier. “We are looking forward to seeing a lot of our participants using it.”

Join us to keep networking simple, efficient and useful. Download the app “Connecting Innovators” from Google Play or from the App Store and let us know what you think.

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“A good network is power”

03.04.2018

Melanie Kovacs was frustrated by the IT teaching she got, and developed her own product – Master21. She attributes her success with this not least to her carefully maintained network, which has continued to grow in Basel. Melanie Kovacs and her fellow campaigners use the technology and innovation network “We Shape Tech” to promote diversity by making women working in the technology and innovation field more visible.

Ms Kovacs, you founded Master21 when you were 28. How did that come about?

As a co-initiator of the Aspire network for women startup owners, I’d met a lot of very interesting women. One of them was Valérie Vuillerat, the managing director of Ginetta. She offered me a job, and I took it. At the agency I was the link between clients and developers. I worked closely with the people from the technical area, but I didn’t speak their language. Then I went back to taking courses at the university. But this was dreadfully theoretical, boring front of class teaching, and I didn’t enjoy it at all. I was sure that anybody can learn programming, but I felt it had to be done differently.

So what is your company doing better?

We do exactly what I was missing at the time. We put people without a technical background in a pleasant atmosphere and use lots of practical exercises to give them sufficient competences and self-confidence in programming. Most of them are like me – they don’t necessarily want to embark on a new career, they want to work with developers on a solid basis. That’s why at Master21 you learn the fundamental terms and concepts and understand how design, front end, back end and databases fit together. Participants learn HTML, CSS, Javascript and Ruby and try out for themselves how object-oriented programming works.

How did the start-up process work out?

I started a pilot project for Master21 while I was still working at Ginetta. The fluid transition was ideal for me. My co-founder is responsible for the technical side and content, I’m responsible the business aspect. I’m very happy that he gave me the push I needed to start. I’m not sure I would have dared to found a company on my own. A few months ago, we hired a new employee. I find it very motivating if every initiative doesn’t depend on me and I can work with a team.

What do you most appreciate about being an entrepreneur?

I can set my own schedule for the day, I’m learning a lot and I work every day with bright, exciting people. I’m also seeing that my services are directly influencing the students. There have already been two cases where people met on the course and subsequently started a project together. It’s more difficult to find developers who like teaching and are good at it.

What happens next with Master21?

I’m currently participating in the Entrepreneurs’ Organisation’s Accelerator Programme, and I’m also working with a coach. Currently I’m not at all interested in a financing round, because I’d like to continue to grow independently of investors. I want the firm to develop, but at my own pace and with long-term prospects.

The company’s headquarters are in Zurich, you live in Basel. What happens where?

I’m in Zurich when I’m working at the Impact Hub and want to meet people. The courses have also been held there so far. In Basel I work on corporate strategy in my home office and write texts. If things get too quiet for me, I go to the “Unternehmen Mitte” establishment and work there, or I meet someone for lunch at the Markthalle. I think it's because there are so many expats in Basel that there’s a great sense of openness there.

How important is your personal network for the success of Master21?

My network is absolutely central. At the start, I emailed every single one of my contacts, told them about my new project and asked for feedback. I maintain my network by LinkedIn and email, and I go and have coffee with people regularly. I also go to events like TEDxZurich, and I’m active in We Shape Tech.

You’re an enthusiastic networker.

Yes, it’s easy for me. For many people networking has such a negative image. I’m not interested in collecting business cards; I want to get to know people. And I’d much rather talk to one person than quickly give my card to a whole lot of people. I really enjoy networking, because I can learn something from everybody. A couple of years ago I was just everywhere, including to promote my business. Now I find it boring if someone’s just presenting their pitch, and I’m better at choosing where I participate. I find networking particularly valuable if you can share your ideas on a joint topic with others in small groups.

You brought the initiative for diversity, the We Shape Tech network, which was previously already active in Zurich and Bern, to Basel. Why does Basel need this network?

Basel still has a lot of potential in the technology and innovation area. One indication of that for us was the way that we were welcomed with open arms. Our board member Elaine Skapetis is a developer at Adobe. The company supported us generously without hesitation with our first two Basel events. The hall at the launch event was filled to bursting, the response was just unbelievable. We offer people working or interested in the technology and innovation field the opportunity to share ideas and views and learn from each other. We follow a specific format here, where one person tells their story, a discussion is initiated, and there’s time for networking. Our goal is to connect people, communicate knowledge and ensure access to other organisations and partners. Knowledge and a good network are power.

What are the advantages of networks primarily aimed at women?

In Basel men are welcome at We Shape Tech as well. To promote diversity, you need both men and women. However, sadly, only a few men have taken advantage of the opportunity to date. The few men at the meeting have an experience which women often have, namely being part of a minority. If you have a group of just women, the atmosphere is more relaxed. I also see this in courses specifically for women at Master21. If women are just with other women, they trust themselves to do more. They ask questions which they wouldn’t if men were present, say more and are more confident than if there were men there.

About Melanie Kovacs
Melanie Kovacs founded Master21, where people interested in courses with practical relevance are introduced to the fundamentals of programming. Previously, she has founded the women’s network Aspire, and organised start-up weekends. She studied business administration at the Zurich University of Applied Sciences in Business Administration and the University of Madrid and completed a CAS in requirements engineering at the University of Applied Sciences, Rappers. Together with Aileen Zumstein and Elaine Skapetis, Melanie Kovacs brought the network We Shape Tech to Basel. The Movement in Diversity initiative offers a platform and community for people who want to make a difference in the hi-tech and innovation area. The organisation focuses simultaneously on communicating knowledge and promoting the exchange of ideas.

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Die Wirtschaftsregion Basel-Jura entwickelt sich stabil

28.03.2018

Die Wirtschaftsregion Basel-Jura bietet Unternehmen ein erstklassiges Umfeld. Dies das Fazit des aktuellen Jahresberichts 2017 von BaselArea.swiss.

In ihrem Jahresbericht 2017 zeigt sich BaselArea.swiss zufrieden mit der Entwicklung der Region Basel-Jura. Zwar pendelte sich die Zahl der von der Innovationsförderung und Standortpromotion der Kantone Basel-Landschaft, Basel-Stadt und Jura betreuten Ansiedlungen nach dem Rekordjahr 2016 wieder auf Vorjahresniveau ein. Gemessen an der Anzahl der geplanten Arbeitsplätze in den kommenden drei bis fünf Jahren knüpft das Ergebnis jedoch ans 2016 an. «Dies ist angesichts der erschwerten Rahmenbedingungen ein gutes Resultat», freut sich CEO Christof Klöpper. Insbesondere habe die Ablehnung der Unternehmenssteuerreform III zu Verunsicherungen auf Kundenseite geführt.

Bezüglich geografischer Herkunft und Tätigkeitsfeld der angesiedelten Unternehmen dominierten einerseits die USA sowie die Life Sciences (inklusive Chemie). Zu den grösseren Ansiedlungen zählten: Bio-Rad (USA), die in Basel den Europäischen Hauptsitz eröffneten, Idemitsu (Japan), die in Basel ein Forschungszentrum für organische Leuchtdioden einrichteten, sowie SpiroChem, die ihren Hauptsitz von Zürich nach Basel verlegten. Zudem gelang es, die Pipeline mit neuen Ansiedlungsprojekten zu füllen: So besuchten im vergangenen Jahr 90 Firmen im Rahmen einer Standortevaluation die Region.

Mehr Unternehmertum

Positiv entwickelten sich die Unternehmensgründungen in der Region Basel-Jura. So verzeichnete BaselArea.swiss eine erhöhte Nachfrage nach Dienstleistungen im Bereich Supporting Entrepreneurs und konnte mehr als 60 Neugründungen und Start-ups unterstützen. Die von BaselArea.swiss organisierten Veranstaltungen, Seminare und Workshops brachten über 5500 Teilnehmende zu Innovationsthemen zusammen, was ebenfalls ein deutliches Plus gegenüber dem Vorjahr darstellt.

BaselArea.swiss gelang es im Jahr 2017 eine Reihe von Aktivitäten in neuen, für die Region wichtigen Innovationsthemen anzustossen. So wurden die Aktivitäten im Bereich Industrie 4.0 ausgebaut. Diese sollen im 2018 mit Partnern aus dem benachbarten Ausland innerhalb eines Interreg-Projekts weiterentwickelt werden.

Ein weiterer thematischer Schwerpunkt fokussiert auf Innovationen in der chemischen Industrie. Unter dem Namen DayOne wurde 2017 eine vielbeachtete Initiative zum Thema Precision Medicine und Digital Health lanciert.

Überaus erfolgreich erwies sich der im 2017 lancierte Healthcare Accelerator BaseLaunch. Nicht nur gelang es mit Johnson & Johnson Innovation, Novartis Venture Fund, Pfizer und Roche sowie Roivant Sciences die Unterstützung von fünf Industrieschwergewichten für den Accelerator zu gewinnen. Auch am Markt wurde BaseLaunch gut aufgenommen: Über 100 Bewerbungen von Start-up-Projekten aus mehr als 30 Ländern gingen bei BaselArea.swiss ein. Sechs Start-up-Firmen werden nun in der Region Basel-Jura gegründet und während eines Jahres beim Firmenaufbau mit bis zu 250'000 Franken sowie Infrastrukturleistungen im Switzerland Innovation Park Basel Area unterstützt.