This week, I got a call out of the blue from a very senior business development person at a Fortune 10 technology company "wanting to know more" about patent licensing and monetization. This was a bit strange: his company has literally dozens of patent professionals on staff, files 100's of patents a year and, as I found out, has 35 or so business people working on patent licensing and monetization efforts for the organization. So, why would he (let's call him "Bob") need to talk to me these topics? Certainly, there is a veritable army of highly-paid smart people to answer IP and patent questions at his beck and call, and I was interested in finding out what Bob sought to find out from me that he could not get from his own people. I was not surprised to find out that Bob did not want to learn more about buying and selling
The Coming Explosion of the Patent Monetization Market: Brought to You by Open Innovation and What Needs to Happen in Order to Speed Up the Process
“It’s Not You It’s Them” or “They’re Just Not into You”: Why Being an Independent Inventor is Like Dating
The view that a good idea will result in a windfall for an independent inventor seems to be embedded in the fabric of US culture--perhaps it's because the patent system dates from our earliest days. Indeed, a surprisingly large number of people think that getting a patent will result in a large company paying them huge sums of money for the ability to introduce a product covered by that patent. This belief serves to motivate countless numbers of inventors to spend $1000's on patent protection, as well as years of hopeful waiting for their patent to exit the Patent Office. Few ever see their product make it to the marketplace, however. As an attorney at a prestigious IP law firm, I really gave little thought to what my clients would do with their idea once I succeeded in obtaining a patent for them. My job was to help my clients convince the Patent Office that their
Reality Check for Inventors: Most Corporations Will Not Give Your Idea a First Look. Here’s Some Reasons Why.
Patent Attorneys Can Create Value-Added Services for Their Clients by Assisting with Open Innovation Efforts
As someone who assists corporations and entrepreneurs in monetizing their patents, I am continuously on the lookout for potential technology buyers. To this end, I subscribe to a number of services that provide "wish-lists" of technology that others are seeking to acquire. The most notable of these are Innocentive.com and Yet2.com. Recently, I have seen a number of technologies on each of these websites that are possibly relevant to patents that I have obtained for clients over the last several years. While this could be a coincidence, I also think it could be a signal that more companies are dipping their toes into the Open Innovation space, as opposed to relying solely on internally developed products or technologies. Patent attorneys seeking to improve the value they provide to clients would be well-served regularly reviewing the listings on these databases and spreading the word to their firm
Companies Adopting Open Innovation Methodologies Must Incorporate Patent Information for Maximum Value Creation
Open Innovation is unquestionably becoming a "hot" area of focus for U.S. companies, especially in the current economic climate in which businesses are more than ever focused on smarter ways of doing business. And, why wouldn't Open Innovation be an intriguing business model when companies can fill their product and technology pipelines for significantly lower cost and with more variability of ideas than typically is possible from their own R&D infrastructures? As a result, more and more business leaders are today viewing Open Innovation as a necessary direction in which to move their company's innovation efforts. A fundamental premise of Open Innovation is that good ideas can come from anywhere, even when a company operates in a very specialized core business. Moreover, innovations that come from outside of one's core business, such as in packaging or transportation, are better left to those who specialize in those areas. Perhaps more controversial
Taking a Disciplined Approach to Protecting Innovation Investment Allows You to Reduce Legal Spends While Still Obtaining Necessary Patent Rights
This week, I am intrigued by what appears to be a recent convergence of reporting and blogging about the state of innovation in the US. There is an obvious concern by those who keep track of such matters that, in the current economic climate, government and business will "take a hatchet" to R & D and innovation budgets in an attempt to reduce overall costs. Such cutting is, of course, a rational short term solution to address today's problems. Government and corporate leaders taking the long view will nonetheless understand that, when it comes to R & D and innovation spending, it is much better to apply the proverbial "scapel" to one's budget. Moreover, as discussed by Tom Donahue (President and Chairman of the US Chamber of Commerce) recently on The Huffington Post (h/t Front End of Innovation), intellectual property protection is a critical component of successful
How to Prevent IP Ownership Issues When A Corporate Strategic Alliance, Joint Venture or Open Innovation Project Fails
Technology-focused collaborations form a foundation of today's corporate planning strategies. Such collaborations can be in the form of strategic alliances, joint ventures, open innovation or other legal structures. Regardless of how the participants characterize and legally structure such collaborations, the most common motivation for forming such alliances is to pool technology and R & D resources. When technology and R & D is involved, it must follow that IP ownership issues should loom large in the planning stage of the collaboration. However, my experience shows that the parties rarely give appropriate consideration to IP ownership in the agreements that are supposed to fully set out the rights and responsibilities of the parties. I can say with authority that IP issues are not usually given proper consideration in collaborative agreements because my expertise in this area results primarily from helping clients after their collaborations
Innovators: Make Sure Your Company Owns the Fruits of Your Open Innovation Projects
In case there was any doubt, this New York Times article of July 22, 2008 shows that Open Innovation is "hot". And it is not just consumer products companies that have jumped on the bandwagon: companies such as HP, IBM and Microsoft have reportedly embraced the Open Innovation model. But, did you also know that, if your company is not careful, you could end up sharing patent rights to any inventions resulting from your Open Innovation collaborations? If you are going to play in the Open Innovation game, you must also understand how to prevent collaborators outside your company from owning the fruits of your company's innovations. This is a very easy issue to address on the front end of the Open Innnovation process and should be standard procedure for any innovation professional. However, as detailed by Greg Daines in his Ideanomics blog, intellectual property strategy is not