Over the past year, ipCapital Group has seen a dramatic increase in requests to value IP portfolios. The engagements range from advising on high-profile deals to supporting capital raises for small, private companies who have few assets other than IP. We continue to use these experiences and lessons as feedback to our methodology, which is critical as the landscape evolves. In our latest video, we highlight a few of those lessons.
POSTED BY Adam Bulakowski AT 11:15 A.M. Oct 24, 2012TAGS: Adam Bulakowski | IAM | Process | Strategy | Valuation
The case of DDMG is not unique; IP mismanagement is pervasive throughout the media and entertainment industry. For a number of reasons, companies often fail to recognize the value of their intellectual assets, and the business continues to move forward while the IP strategy does not. When companies start to consider IP in the face of a crisis, be it bankruptcy or an infringement lawsuit, it is too late to go back and reap the benefit of their creative thinking and innovation.
For patents specifically, the best IP strategy for China balances the use of both Utility Model and Invention patents. For a comprehensive IP strategy, foreign companies should not just look at the term of protection and assume that Invention patents offer all the protection they need. Companies should use the full range of IP protections including not just patents but also trade secrets and know-how, black boxes, and defensive publications.
As the commencement date of the UK Patent Box initiative approaches (April 2013), eligible businesses need to begin thinking about what their current baseline looks like in regards to their existing IP portfolio. By establishing an initial patent to product mapping inventory and setting up a formal process for ongoing management, businesses can maximize the near and long term benefits of the Patent Box initiative.
The Patent Box initiative is an exciting offering for businesses operating in the UK; one that can provide significant long term technical, business, and financial value. By considering the implications of the Patent Box program now, businesses will be able to put in place the necessary processes to measure, communicate, and build a sustainable IP program supportive of this initiative.
POSTED BY ipCG Team AT 3:58 P.M. June 18, 2012TAGS: ipCG Team | IAM | Strategy
SMEs are often in a risky position of not having access to professional advice or formal training about intellectual property (IP), and therefore can unknowingly handicap themselves in whether or how they use IP. As a starting point, here are the 10 things every SME should know about IP.
If you are like most technology managers, you know you have trade secrets in the organization, but you don't know what they are. You know you have to protect "them" from loss, but what are "they"?
If your R&D department is like most, you have very creative people working diligently to solve problems. However, you may wonder why you don't see more invention disclosures coming from such bright, creative people.
As has been shown, ICM processes are needed to successfully execute the IP strategy. If a company does not have all the processes needed, or needs to improve their processes they typically call upon outside experts in the field to help. This can be very helpful by comparing with best practices in the industry.
The value of any IP is dependent on the context. Valuation of the IP in context and targeted marketing is important to gain returns on the licensing effort.
The protecting phase includes the legal processes for creating a patent application, filing in the appropriate jurisdiction and prosecuting the application through to the grant of the patent.
Organizations that do not use the IP strategy reviewing process generally file patent applications on everything that is deemed patentable coming from the R&D staff. There is no one "minding the store" to ensure that the IP strategy is followed. This is a very expensive way to create a low-value patent portfolio!
Documenting is an important step on the path to successful execution of IP strategy, however inventors are often more interested in solving technical problems and inventing than in documenting their inventions.
Facilitating invention, acquiring technology and IP from outside the company, and inventing around patents are key processes for creating and acquiring IP. Many companies have adopted the best practices of conducting proactive invention extraction sessions and directed invention brainstorming.
All the Intellectual Capital Management (ICM) processes focus on implementing IP strategy. The strategy must clearly articulate what the desired business objective is and how IP supports that.
The first step in implementing IP strategy is to thoroughly evaluate which processes you have that are working well and which processes are absent or are not yielding the desired results. It is important for a company to consider the best practices used by other IP leaders, both inside the company's industry as well as in other industries.
To achieve value effectively, IP-savvy companies have learned to create business-aligned IP strategies. The IP strategy must be integral to the business strategy to create maximum value.
"It is only a matter of time before the integration of IP and product development becomes part of the mainstream business process. Companies have to decide whether they want to be leaders or laggards as this happens." John Cronin, Managing Director & Chairman of ipCG, and Brad Goldense President and CEO of Goldense Group, Inc. are the authors of "Integral IAM and new product processes are the future," published in the November/December 2009 issue of IAM Magazine. Their article stresses the importance of becoming an early adopter to the growing trend of merging intellectual property and business goals.
Small companies can face large financial hurdles on the way to securing intellectual property (IP) protection, particularly with patents. Accumulated patent lifecycle costs can exceed $125,000 for one US & one PCT filing. This cost may include prior art searching, patent drafting, patent prosecution, and maintenance fees.
Telecom companies large and small will reduce costs by out-sourcing more processes, reducing headcount, and generally reaffirming focus on core markets and technologies. The cost-cutting conversation for many will eventually turn to intellectual property (IP), and rightly so. There is opportunity for many thousands or millions of dollars in value creation by reducing costs and increasing revenue through strategic management of IP.
The development and management of IP is an art, not a science. Of all corporate job functions, only IP attorneys receive formal training related to IP, but just related to the legal side of intellectual property. More comprehensive training is needed...
Innovation is the lifeblood of consumer products companies, as they strive to stay ahead of competitors, respond to evolving customer needs, and manage other market pressures. Products typically have short timelines for development, design, and marketing and high corporate expectations for sales. Getting products to the market is just the first step in a long process.
Any company that files patents as part of its intellectual property (IP) strategy should be actively thinking about the end use of these assets. In order to maximize business leverage, a patent holder must be able to demonstrate that a third party is using or may have a desire to use the patented invention.
Is your company planning to layoff employees in response to a tougher economic environment? Do you have a process for preventing valuable intellectual assets from walking out the door along with your exiting employees?
There is a lot in the news about IP piracy and counterfeiting in China. This may cause you to be indecisive about whether or not it is important to file patents there. It is also very clear from the numerous analytics work we have done in almost every industry that only a handful of companies have a clear filing strategy. Many of our clients ask us what they should do.
In a recent article, "Is the recession suffocating American Innovation?," Deb Riechmann of the Associated Press describes some trends that may be negatively impacting the success of innovation in the US. There has been a decline in the new patent applications at the US Patent and Trademark Office because some companies...
As the economic downturn forces companies to tighten their collective belts, one strategy they cannot afford to abandon is strategic management of intellectual property (IP) through patents - one of the most powerful methods of protecting competitive advantages.