Don’t Develop Blind: How to use IP to power new product success

Here’s what using IP optimally during product/service development looks like:

Ideation

• Use Intellectual Property (IP) searches to:
  • Understand what IP rights exist in the technology/product area
  • Identify gaps in technology or the market
  • Identify IP trends in the technology or the market
• Use existing IP rights:
  • As inspiration
  • As a kicking off point
  • To identify problems with existing technology or services that you could solve

Prototyping

• As you solve problems and generate prototypes, identify any new ways you are developing to solve a problem – this might be protectable Intellectual Property (IP)

Analysis

• Does the prototype product/process or service fit with your business strategy?
• Does the prototype product/process or service fit with your IP strategy?
• What IP rights (patents, trade marks, registered designs) do your competitors have in this space? Are any of these a problem for you?
• Carry out initial patent and registered design freedom to operate (FTO) searching to find any third-party IP rights that might stop you from launching this new product/process.

Development

• Make sure you own the IP in the product/process or service you are developing:
  • If the development is being done by employees, the company that employs them will own the IP
  • If you are using external supplier/contractors, check your agreements to make sure you will own any IP (inventions, designs, copyright) arising from the work they are doing for you – just because you are paying for the work does not mean you will own the IP.
  • Require external suppliers/contractors to assign any IP (inventions, designs, copyright) arising from the work to you
• Protect the IP:
  • File patent applications as soon as how the product or process works is finalised
  • File registered design applications as soon as final product designs are agreed
• If you are launching under a new brand/trade mark:
  • Shortlist 3 or 4 potential new names
  • Do trade mark clearance searching for each shortlisted name and only pick one that you are free to use

Launch

• Mark the product, any packaging and literature with patent application, registered design and registered trade mark numbers – this puts potential competitors ‘on notice’ that you have IP rights covering the product, process or service
• Double check that the patent, registered design and trade mark applications you have filed actually cover the final product or service to be launched – late developments can mean they no longer cover the final product, process or service

Integrating intellectual property into the new product development process, ensures that development time and effort is well spent, and the vision behind each innovation is protected. This, in turn, not only safeguards the product or service but also ensures brand integrity and future success.

At Two IP we’re experts in intellectual property. If you’d like our help with using IP to support your new product or service development, you can send us an email to hello@two-ip.com.