Play Safe with IP Protection
A framework for IP management comprises the following phases:
Research: A check of existing patents prior to a new product launch could save companies much embarrassment and financial loss. Typically, the due diligence process covers a scouring of patent databases, analysis of both competitor activity and the broader landscape, and the consequent identification of 'white spaces' offering untapped opportunities.
Record/ Document: It's back to school once more, note-taking and all! Scrupulous documentation is an important component of IP management, and is particularly useful in a lawsuit. The lab notebook, which records everything from hypothesizing, to experimentation, to interpretation, is the primary mode of documentation during the invention life-cycle. Like all else, the notebook has gone digital, making it easier to search, share and safeguard, as need be. Now, innovator organizations have portals to facilitate the gathering of new ideas, evaluate their technical and commercial merit, and identify those worth patenting. They also maintain intellectual asset repositories serving as useful resources for reference. Invention Disclosure Forms are confidential accounts of the details of the invention used in patent filing.
Classify: Understandably, companies churn out huge quantities of IP-related documentation; a logical system that classifies information by chronology or other criteria considerably eases its management and ensures that nothing is missed. While all intellectual assets may not be patented, they can be protected through copyright and trademarks, or kept as closely guarded secrets. It is equally important to conduct a 'free to operate' analysis before commercializing an idea or invention to avoid infringing someone else's patent.
Disclose: When it comes to staking claim, the fastest finger is first in most countries. The first to disclose an invention, either by filing for patent or publishing its details, succeeds in preventing competitors to file patents for similar ideas.
Review: An inventor's creative responsibility comes full circle in regularly reviewing and updating the invention, conducting repeated infringement checks even during the blackout period post patent filing and engaging in IP audits to ensure compliance with all norms governing infringement, protection and commercialization.
