Rapid IP Strategy Development

We expect “it” now, whatever “it” is. We expect technology to help us make “it” immediately available. We think that way about so many things, it is not surprising that many expect IP strategy to be quickly developed. We are accustomed to a rapid pace. We jump through hoops. We make it happen. We hurry to complete and electronically file patent applications; we hurry to complete and e-mail agreements for signing. Everything seems to be a RUSH.

The time it takes to develop a good IP strategy depends on the complexity of the situation or issue. For example, whenever a patent application is filed, there is a strategy for drafting that application. However, this strategy is normally done quickly because the issues are generally straightforward and limited in number. An IP strategy for a business, a technology area, or a line of newly developed products requires more time because there are more issues and they interrelate in a complicated manner. A strategy for handling an adverse or blocking patent could be even more complicated and require even more time, and could involve development of an additional licensing strategy.

We can't make IP strategy development immediate and still be useful, but we can make it more efficient, especially when pulling together a team to develop the strategy. So here are some tips that can help shorten the time it takes to develop a good strategy.

Get the Right People

Having a team of the right people ' ones who know the technology area, the industry, and the legal and/or IP situation ' is critical to speeding up the development of IP strategy. These people need to have in-depth experience or expert knowledge, not just a cursory interest or experience in the area. Their experience and knowledge means quicker decisions can be made. The “right people” also means individuals having the right personality for developing strategy, who value thoughtful action and are willing to participate in the process. Obnoxious or bombastic experts and those who simply like to hear the sound of their voice will be at odds with improving the speed of IP strategy development. Fortunately, most of an organization's “go-to” people rarely have these negative characteristics.

Keep the Team Small

While it is good to get input from a broad spectrum of people, from a practical standpoint, only a few can be decision makers. One reason independent inventors and startups are so nimble in decision making is that few people are involved. When more than a handful of people are involved in the development of IP strategy, even the simple task of scheduling a meeting can become problematic. In addition, if multiple members of the team are absent, this affects the ability of the team to efficiently function, and during the next meeting much of the previous meeting will need to be repeated. Also, no matter the type of meeting, each individual needs his or her time to talk, meaning the more people involved, the longer the meetings.

This is not to say IP strategy should be developed in a vacuum. Instead, broader input and information should be compiled from others by one team person representing that area for the team. For example, the technical expert should get input from other technical professionals and bring a summary of the best technical thinking to the IP strategy development team. This way, the team benefits from the wisdom of many and a better strategy, more efficiently obtained, should result.

Take Time to Get Everyone On the Same Page

It is important the team share a common vision for what is to be achieved and be brought up to speed on areas outside their knowledge base. For example, a patent expert probably will not know the business situation. The business expert may not know the real technology issues. It is important to take the time needed to make sure the team understands the purpose of the strategy and understands what is trying to be achieved.

Technology Is a Tool, Not An Answer

IP technology generally provides or handles information. There are numerous ways to use technology to quickly summarize all types of IP stats and present those
stats in a nice form. Technology can also rapidly provide literature searches and publications, and with automatic online translation even a foreign language document is no longer a barrier in obtaining information. However, it is important that a critical eye be given to what processes and information went into making the final summary, IP landscape map, or literature search. Tools are only as good as the people who use them. Despite our ability to generate stacks of information, real IP understanding comes only through a personal review of that information. The true value of technology is in helping reduce the amount of information that must be studied to only those documents critical for the strategy development.

Keep the Task Simple

If speed is of essence, then it is important to identify the key strategy issues that have to be resolved or decisions that have to be made. There may be multiple parts to an IP strategy, but not all the parts have the same importance. Generally, there are only a few major items and sometimes only one major item of strategic importance. Once the major items are addressed, the remaining parts generally are quickly dealt with. Therefore, the earlier the team identifies these major issues the quicker the final strategy can be developed.

Avoid Dense Language

Where possible, save time by keeping written communications simple. No one wants to wade through meeting summaries containing dense and complex language. Also, the final IP strategy should be written as simply as possible while still providing enough detail to be useful.

Conclusion

Regardless how long it takes to develop IP strategy, these are some of the principles that can be used to make the process more efficient and in so doing help improve the final strategy.

We expect “it” now, whatever “it” is. We expect technology to help us make “it” immediately available. We think that way about so many things, it is not surprising that many expect IP strategy to be quickly developed. We are accustomed to a rapid pace. We jump through hoops. We make it happen. We hurry to complete and electronically file patent applications; we hurry to complete and e-mail agreements for signing. Everything seems to be a RUSH.

The time it takes to develop a good IP strategy depends on the complexity of the situation or issue. For example, whenever a patent application is filed, there is a strategy for drafting that application. However, this strategy is normally done quickly because the issues are generally straightforward and limited in number. An IP strategy for a business, a technology area, or a line of newly developed products requires more time because there are more issues and they interrelate in a complicated manner. A strategy for handling an adverse or blocking patent could be even more complicated and require even more time, and could involve development of an additional licensing strategy.

We can't make IP strategy development immediate and still be useful, but we can make it more efficient, especially when pulling together a team to develop the strategy. So here are some tips that can help shorten the time it takes to develop a good strategy.

Get the Right People

Having a team of the right people ' ones who know the technology area, the industry, and the legal and/or IP situation ' is critical to speeding up the development of IP strategy. These people need to have in-depth experience or expert knowledge, not just a cursory interest or experience in the area. Their experience and knowledge means quicker decisions can be made. The “right people” also means individuals having the right personality for developing strategy, who value thoughtful action and are willing to participate in the process. Obnoxious or bombastic experts and those who simply like to hear the sound of their voice will be at odds with improving the speed of IP strategy development. Fortunately, most of an organization's “go-to” people rarely have these negative characteristics.

Keep the Team Small

While it is good to get input from a broad spectrum of people, from a practical standpoint, only a few can be decision makers. One reason independent inventors and startups are so nimble in decision making is that few people are involved. When more than a handful of people are involved in the development of IP strategy, even the simple task of scheduling a meeting can become problematic. In addition, if multiple members of the team are absent, this affects the ability of the team to efficiently function, and during the next meeting much of the previous meeting will need to be repeated. Also, no matter the type of meeting, each individual needs his or her time to talk, meaning the more people involved, the longer the meetings.

This is not to say IP strategy should be developed in a vacuum. Instead, broader input and information should be compiled from others by one team person representing that area for the team. For example, the technical expert should get input from other technical professionals and bring a summary of the best technical thinking to the IP strategy development team. This way, the team benefits from the wisdom of many and a better strategy, more efficiently obtained, should result.

Take Time to Get Everyone On the Same Page

It is important the team share a common vision for what is to be achieved and be brought up to speed on areas outside their knowledge base. For example, a patent expert probably will not know the business situation. The business expert may not know the real technology issues. It is important to take the time needed to make sure the team understands the purpose of the strategy and understands what is trying to be achieved.

Technology Is a Tool, Not An Answer

IP technology generally provides or handles information. There are numerous ways to use technology to quickly summarize all types of IP stats and present those
stats in a nice form. Technology can also rapidly provide literature searches and publications, and with automatic online translation even a foreign language document is no longer a barrier in obtaining information. However, it is important that a critical eye be given to what processes and information went into making the final summary, IP landscape map, or literature search. Tools are only as good as the people who use them. Despite our ability to generate stacks of information, real IP understanding comes only through a personal review of that information. The true value of technology is in helping reduce the amount of information that must be studied to only those documents critical for the strategy development.

Keep the Task Simple

If speed is of essence, then it is important to identify the key strategy issues that have to be resolved or decisions that have to be made. There may be multiple parts to an IP strategy, but not all the parts have the same importance. Generally, there are only a few major items and sometimes only one major item of strategic importance. Once the major items are addressed, the remaining parts generally are quickly dealt with. Therefore, the earlier the team identifies these major issues the quicker the final strategy can be developed.

Avoid Dense Language

Where possible, save time by keeping written communications simple. No one wants to wade through meeting summaries containing dense and complex language. Also, the final IP strategy should be written as simply as possible while still providing enough detail to be useful.

Conclusion

Regardless how long it takes to develop IP strategy, these are some of the principles that can be used to make the process more efficient and in so doing help improve the final strategy.