Business proposition/model

(early, draft version)

Build a company with a strong product and IPR which makes it attractive to acquisitions by software or computing companies like Microsoft, Apple, Nokia, Adobe, Vodafone, HP, etc. The company is a new startup to develop the technology and business around the ideas. For the first few years of the company's life the target would be to develop the technology, grow the business and also set the basis for high profitability and growth.

IPR: A user interface featuring specific methods for displaying and exploring information in a computing device. The IPR can be registered as a patent which is relatively costly, or alternatively be a 'Community Registered design' which is far cheaper and registers the design in the EU. See Appendix A for costs.

Three ways of exploiting the technology are identified:

1. Develop a software component (a visual control/widget) to be used by software application developers. This can be in the form of a .Net GUI control which is used in Visual Studio during development and also distributed with the applications that use it. It may also be a software component for other platforms: ActiveX component/object, Symbian component, Linux desktop component, Java component, apple OSX component, or any other proprietary platform component.
This might be licensed and sold via various licensing schemes. One of them might be a single license for 100-300 GBP pounds or a site/group license for around 700-2000 GBP pounds. This scheme allows the developers to distribute their applications using the component royalty free. Another licensing scheme would be to make it available for free or very little but charge a fee for every copy of the application that is being sold or distributed.
Alternatively, it can be in the form of a shareware component or a free trial version for a start. There are millions of Visual Studio developers in the world (see Appendix B.)
Many Visual studio developers use 3rd party (mostlly GUI) controls and Microsoft fully supports and benefits from this via their partner program. Companies like Crystal reports and Data Dynamics have been very successful for a number of years. Crystal Reports generated 12 hundred million dollars revenue in 2006 and acquired about 40 thousand new customers in 2006. (source:  ftp://www.businessobjects.com/company/investors/reports/default.asp)

2. Develop a plugin for explorer type applications, e.g. the windows (internet) explorer, which will provide an alternative browsing method of pictures or items in one or more folders. This can be sold individually to all computer users but also to computer or mobile phone manufacturers and distributors: HP, Dell, Nokia, Vodafone, Sony and SonyEricsson, Computacenter, etc. Because of the potentially high volume of products using our component the price per installation might be quite low, e.g. 3-10 GBP pounds per computing device.

3. Develop a stand alone application which gets information items from a file system or database and displays them in a meaningful way to the user. This application might start as shareware but evolve to a fully commercial product once it becomes popular enough.

Appendix A. Costs of patents and Community registered designs

Community registered design costs (source: http://extwww.patent.gov.uk/applyingcomdes.pdf)

• The registration fee is:

- 230 euros for one design;

- another 115 euros for each extra design up to10; and

- another 50 euros for each extra design above10.

• The publication fee is:

- 120 euros for one design;

- another 60 euros for each extra design up to 10; and

- another 30 euros for each extra design above 10.

 

A UK patent costs around 5000 GB pounds in total and a UK and US patent costs around 12000 GB pounds in total. Source (Marks and Clerk through Eversheds and University of Manchester Intellectual Property Limited: http://www.umip.com/images/download/file1.pdf

Appendix B. Visual studio user base

Visual Studio user base April 2, 2003 "Mastering Visual Studio .NET" speaks to millions of Windows developers who, analysts expect, will actively start using the .NET platform in the next twelve-to-eighteen months. That includes more than five million Visual Basic 6 developers worldwide, two million Visual C++ developers, and roughly one million Visual Interdev Web developers. All of them will be moving from earlier development platforms to an environment that offers them many more possibilities. "With Microsoft's previous generation of development tools, each language had its own IDE," Griffiths says. "Now there is just one unified environment." Source: Oreilly Press Room http://press.oreilly.com/pub/pr/758

Appendix C. Legal Advice from Eversheds and UMIP (University of Manchester Intellectual Property)

 

From: "Knowles, Janet" <JanetKNOWLES@eversheds.com>
To: Vangelis Pappas-Katsiafas <vangpk@yahoo.com>
Cc: Clive Rowland <Clive.Rowland@umip.com>; babis theodoulidis <Babis.Theodoulidis@manchester.ac.uk>; Heather White <Heather.White@umip.com>; Charlotte Hunt <charlotte.hunt@umip.com>; Susan Shaw <Susan.Shaw@umip.com>
Sent: Friday, January 11, 2008 9:23:07 AM
Subject: RE: Apple iPhone and work in University of Manchester Institute of Science and Technology


Dear Mr Pappias-Katsiafas

 

Reproducing the design in 2D by copying it would infringe the copyright in the design.  It is a complicated area!

 

Regards

 

Janet

 

Janet Knowles

Partner

 

Direct dial: #44 (0) 845 497 8207

Mobile: #44 (0) 7831 554120

www.eversheds.com

 


From: Vangelis Pappas-Katsiafas [mailto:vangpk@yahoo.com]
Sent: 11 January 2008 09:10
To: Knowles, Janet
Cc: Clive Rowland; babis theodoulidis; Heather White; Charlotte Hunt; Susan Shaw
Subject: Re: Apple iPhone and work in University of Manchester Institute of Science and Technology

Dear Janet,

 

thank you very much for your reply, I received both the original and the re-sent one. Your answer clarifies things indeed.

I pressume it would be the same for a 2D design of user interface, i.e. the following is true:

 

Reproducing a design drawing for a a user interface for a computer display (in 2D) is not copyright infringment under English Law.

 

Best regards,

 

Evangelos (Vangelis) Pappas-Katsiafas


 

----- Original Message ----
From: "Knowles, Janet" <JanetKNOWLES@eversheds.com>
To: Vangelis Pappas-Katsiafas <vangpk@yahoo.com>
Cc: Clive Rowland <Clive.Rowland@umip.com>; babis theodoulidis <Babis.Theodoulidis@manchester.ac.uk>; Heather White <Heather.White@umip.com>; Charlotte Hunt <charlotte.hunt@umip.com>; Susan Shaw <Susan.Shaw@umip.com>
Sent: Friday, January 11, 2008 8:55:04 AM
Subject: RE: Apple iPhone and work in University of Manchester Institute of Science and Technology

I am resending this as I am told that it came through blank for some reason

 


From: Knowles, Janet
Sent: 10 January 2008 16:54
To: Vangelis Pappas-Katsiafas
Cc: Clive Rowland; babis theodoulidis; Heather White; Charlotte Hunt; Susan Shaw
Subject: RE: Apple iPhone and work in University of Manchester Institute of Science and Technology

Dear Mr Pappas-Katsiafas

 

It is great to know that people are reading and learning from the Guides.

You are correct in saying that a 3D reproduction from a design drawing is not copyright in infringement generally.  (There are some minor exceptions which do not apply here).  Reproducing your design drawing for a a user interface for a computer display in 3D is not copyright infringment under English Law.

The best way to protect a design is for you to apply for a registered design.  This would apply to a design for a user interface for a computer display.  To be able to apply for a registered design the design must not have been made public more than 12 months before the date of application.

Regards

 

Janet

 

Janet Knowles

Partner

 

Direct dial: #44 (0) 845 497 8207

Mobile: #44 (0) 7831 554120

www.eversheds.com

 


From: Vangelis Pappas-Katsiafas [mailto:vangpk@yahoo.com]
Sent: 10 January 2008 14:46
To: Knowles, Janet
Subject: Re: Apple iPhone and work in University of Manchester Institute of Science and Technology

Dear Janet,

 

Than you very much for your reply. It's all clear if it's about 'literary work' but not so clear if it's about a design. Your document "Intellectual Property & Confidentiality: A Researcher’s Guide" states:

Copyright does not protect against 3D reproduction of items from

industrial drawings or plans (e.g. models created from blueprints). They are

instead protected by design rights or as registered designs

Does the case of 'user interface for computer display' (as apple computer inc. files its patents for user interface designs) fall into this (i.e. 3D reproduction of items from industrial drawings or plans )?

My designs were 'user interface for computer display in three dimensions', 'interactive visualisation methods', '3D depiction of information items'.

 

What would protect best a ''user interface for computer display' ?

 

1. A blog or other publication which will give it copyright status (unregistered)

2. A registered design (UK or Community)

I know the patent is the most preferable but also the most expensive...

 

I apologise for asking too many questions but some areas are not crystal clear.

 

Kind regards,

 

Evangelos (Vangelis) Pappas-Katsiafas

 

----- Original Message ----
From: "Knowles, Janet" <JanetKNOWLES@eversheds.com>
To: Vangelis Pappas-Katsiafas <vangpk@yahoo.com>
Sent: Thursday, January 10, 2008 10:01:31 AM
Subject: RE: Apple iPhone and work in University of Manchester Institute of Science and Technology

Dear Mr Pappas-Katsiafas

Mr Rowland has asked me to respond to you directly.

The written content of a blog will be a "literary work" and so protected by copyright.  Unless there is an agreement or other statutory provision to the contrary under English Law the copyright will belong to the author of the blog.

Regards

 

Janet

 

Janet Knowles

Partner

 

Direct dial: #44 (0) 845 497 8207

Mobile: #44 (0) 7831 554120

www.eversheds.com

 


From: Vangelis Pappas-Katsiafas [mailto:vangpk@yahoo.com]
Sent: 10 January 2008 09:32
To: Clive Rowland
Cc: babis theodoulidis; Heather White; Charlotte Hunt; Knowles, Janet; Susan Shaw
Subject: Re: Apple iPhone and work in University of Manchester Institute of Science and Technology

Thank you very much (again) for your time and valuable advice.

 

May I ask another simple question?

 

Does a 'blog' (web logging/publishing) have copyright status?

 

The Google blogging tool (blogger/blogspot) states:

=====================

Your Intellectual Property Rights. Google claims no ownership or control over any Content submitted, posted or displayed by you on or through Google services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through Google services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through Google services which are intended to be available to the members of the public, you grant Google a worldwide, non-exclusive, royalty-free license to reproduce, publish and distribute such Content on Google services for the purpose of displaying and distributing Google services. Google furthermore reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion.

You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted.

======================

It seems it's the easiest way to publishise something quickly and easy which makes your submissions copyrighted (unregistered I guess.)

 

Best regards,

 

Evangelos (Vangelis) Pappas-Katsiafas

 

----- Original Message ----
From: Clive Rowland <Clive.Rowland@umip.com>
To: Vangelis Pappas-Katsiafas <vangpk@yahoo.com>
Cc: babis theodoulidis <Babis.Theodoulidis@manchester.ac.uk>; Heather White <Heather.White@umip.com>; Charlotte Hunt <charlotte.hunt@umip.com>; "Knowles, Janet" <JanetKNOWLES@eversheds.com>; Susan Shaw <Susan.Shaw@umip.com>
Sent: Tuesday, January 8, 2008 4:48:32 PM
Subject: FW: Apple iPhone and work in University of Manchester Institute of Science and Technology

Further to your enquiry.

I have taken preliminary advice from our intellectual property ( IP ) adviser, Janet Knowles of Eversheds LLP. You will see the initial thoughts/response below.

I am not sure of your status when at UMIST. If you were a student, then it is most likely that any IP rights would lie with yourself ( not UMIST or the new University of Manchester ) and thus you should seek your own professional advice. UMIST ( the new University ) would only have rights if there were or had been an intellectual contribution by/through your thesis supervisor. If any material use of resources of UMIST had been used by you, then UMIST/new University would have a financial interest to that extent.

On the more substantial question/point as to the relevance of your work to the iPhone, we would need to know more to provide a more informed view but it looks as if your scope is limited, if anything, even if your work maps directly onto the technology ( or aspects of the technology ) of the iPhone. The more interesting point is likely to be whether the work that you have carried out would constitute “prior art” to any Apple patents – if it did this might give you a position in relation to Apple ( or more likely it would certainly give Apple a problem if it was in the process of seeking to get such patent applications granted ). Depending upon the position, the best ( initial ) approach might be to approach Apple with a letter alerting it to your work and seeking a dialogue/meeting ( rather than accusations/mention of any infringements of your work ). Of course, if you ( or an assignee ) have a patent on the work, this would shed different light on the matter and hence our thoughts/opinions would be adjusted somewhat accordingly.

Yours

Clive Rowland, UMIP.


From: Knowles, Janet [mailto:JanetKNOWLES@eversheds.com]
Sent: 08 January 2008 15:13
To: Clive Rowland
Subject: RE: Apple iPhone and work in University of Manchester Institute of Science and Technology

Clive

I am assuming that Mr Pappas-Katsiafas does not have a patent in relation to his design.  If so the only relevant IP protection for the design would be UK unregistered design right which lasts for 15 years from the date of the design document.

It is not clear from what Mr Pappas-Katsiafas has sent that the iPhone would infringe his design from a technical point of view and that would probably involve a better understanding and comparison of the two items but in any event at best infringement would only be within the UK Mr Pappas-Katsiafas would also have to prove that Apple Inc actually copied his design.  If Apple came up with something similar completely independently then that would not be infringement.  It is not clear from what Mr Pappas-Katsiafas has sent to you that he has any evidence of copying.

I do not know what patents Apple has in respect of the iPhone.  It may be that Mr Pappas-Katsiafas' design is in fact prior art for one of those patents and might undermine it.

Regards

Janet

Janet Knowles

Partner

Direct dial: #44 (0) 845 497 8207

Mobile : #44 (0) 7831 554120

www.eversheds.com


From: Vangelis Pappas-Katsiafas [mailto:vangpk@yahoo.com]
Sent: 07 January 2008 16:58
To: Clive Rowland; Heather White ; Charlotte Hunt
Cc: babis theodoulidis
Subject: Apple iPhone and work in University of Manchester Institute of Science and Technology

To whom it may concern,

I am writing to you after I noticed that the new apple iPhone features a (user interface) design that is extremely similar to a design I described in my thesis at UMIST in 1996.

The details of the design can be seen in the appendix below and also in the following page:

http://www.katsiafas.com/visualperception/apple_vs_katsiafas_iPhone_calendar.htm

(I also attach the comparison in a word document just in case the embedded pictures cannot be seen in your mailing application)

I would like to ask you if there is any case to claim a breach of copyright from Apple computers.

Beyond that, I have developed and designed some further methods which share some principles with my UMIST thesis work. Could I get some support from your organisation or a suitable, affiliated organisation to develop further my ideas and business propositions? A high level description of my ideas can be found in the following link. (The detailed designs are password protected, please let me know if you believe someone might be interested.)

http://www.katsiafas.com/visualperception/

Your sincerely,

Evangelos (Vangelis) Pappas-Katsiafas

Appendix:

The new iPhone calendar widget to choose a date (2007)

Vangelis proposed cylinder visualisation method in 1995 (from his Thesis describing a new method for visualising time series (temporal data) on the surface of a cylinder):

Excerpt from my thesis about the 'cylinder' visualisation method:
" ...the instances of each time varying value are placed in a single column. The value instances over a time period can be viewed by rotating the cylinder around its axis. The correspondent to ‘NOW’ time point, textual tuple is positioned along the facet closer to the viewer, which is the most distinguished due to the perspective projection and the photorealistic rendering."

also an example of a font list control which can replace a conventional 2D combo box:

size=1 width="100%" align=center>

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=======================================
some draft notes follow for archiving reasons only

1. Core Value Both the IP of the design (not the s/w) and the implementation (the s/w) are valuable. I am planning to publish the design somewhere (so it gets copyright status immediately) but the best is to patent it - which is costly unfortunately (~5K for a UK patent only.) (Apple bought CoverFlow and its intellectual property all together for an undisclosed amount, probably in the order of millions. They had a finished product and a good implementation.) 2. The IPR looks protectable to me. Arranging and displaying items (pictures or text) in specific mathematical trajectories/surfaces can be a patented method. It might get circumnavigated with similar trajectories or surfaces though, unless it gets more generic in the patent description. In this case it might prove more difficult to get granted the patent. It's a trade off. Even without a patent any publication or documentation of it will give us automaticaly the copyright. I need more work on this front. I have asked the support of The University of Manchester Intellectual Property Limited (http://www.umip.com/) for my thesis work and apple. They said they are looking into it. 3. The business model I see (without being 100% concrete) is. - Try to protect the IPR either via copyright (which is cheap and automatic with any publication) or patent. - At the same time develop a polished demo and: > .Net development controls which can be used easily in Visual Studio by application developers. > windows (internet) explorer plugins or a stand alone application that provides alternative browsing of pictures and files, or text. > implement the method (standalone or plugin) for mobiles that have 3D capabilities: Symbian / Windows mobile OS. The .Net Visual studio plugins can be sold quite expensive, e.g. 300-2000 pounds for a single development license, it also depends on the licensing agreement, e.g. one off or per application sale? Best one off and expensive. Plugins or preinstalled stand alone applications can be sold to individuals or to OS distributors, Dell, HP, Computacenter, Gaming PCs specialists. Here we are tallking about volume (hundred to thousands), so price can be low 10-100 pounds perhaps. Even if we start with a shareware implementation (free to try, expires in x amount of time) it would be enough to generate interest and then bigger players (apple, microsoft, adobe, Nokia, Vodafone or other smaller) might buy the founded company and the IP if we have any which I think we will have. It seems there is an increasing trend for big players to buy smaller successful ideas. In this case the IPR will play an important role. Even without strong IPR (which I believe is not the case) the route of .Net (or other OS and technology) development components might be a profitable business. There are loads of plug-ins for Visual Studio and they are all very expensive. I don't think most of them have some strong or any IPR behind them. Some will be include in the next version of Visual Studio in 2-3 years, so there is a window of opportunity there. I agree the IPR needs more investigation, but my new methods are different to any known (to me) work. I think it's the details of any method/patent that might make it strong(er).