IP in Product Development
A step-by-step guide to protecting your intellectual property during the product development process.
START
Assess Market
- Segment & size
- Growth potential
- Customer needs
- Legal issues
- Competition
Product Development
- Technical specs
- Prototyping
- Trial production
- Testing & QA
- Test market selling
Customer Care
- Warranties
- Servicing
- Product updates
CONcept
RESEARCH
aNALYSIS
DEVELOP
LAUNCH
AFTER SALES
Go to Market
- Marketing plan
- Sales training
- Distribution plan
- Collateral design
- Set launch date
Idea Generation
- Requests
- Customer Pain
- Market Studies
- Legislation
- Competitors
Business Analysis
- Cost/benefit
- Resources required
- Capital expenses
- Profitability/margin
- Anticipated sales
Click on each of the stages to see how you can protect and optimise the value of your IP throughout the product development process.
CONCEPT
RESEARCH
aNALYSIS
DEVELOP
LAUNCH
AFTER SALES
Put in place formal confidentiality agreements with all parties involved to prevent unauthorised sharing of your ideas.
Keep your ideas confidential
+ INFO
Concept
Protective steps begin
When your new product is at the very beginning of its life, when it is little more than a concept, it is easy to put off thinking about intellectual property, or “IP” as it is often shortened to.
However, all too often this delay can mean fundamental aspects of IP are missed. This could be both time consuming and expensive to resolve later on. Or worse, if it’s too late to fix it, it could even prevent you from fully utilising your IP altogether.
To make sure this doesn’t happen we’d suggest you follow these simple steps from the very beginning of your project so you enjoy all the commercial benefits of an effective and cohesive IP strategy from day one.
Prevent ownership disputes later on by ensuring all parties involved are in full agreement as to who owns what.
Get the ownership right from the outset
+ INFO
Formally define all background IP so the foreground IP to be created can be clearly identified.
Identify what you already own and who will own anything new that is created
+ INFO
CONCEPT
RESEARCH
aNALYSIS
DEVELOP
LAUNCH
AFTER SALES
Keeping all of your ideas confidential at this stage will be pivotal to you being able to obtain the required IP for what might later become a key product for your business.
Once details of an idea are out in the public domain (and this includes verbal disclosures as well as information published on websites, social media, journals etc.), it is extremely difficult (if not impossible) to take that information back.
Make sure you have a formal confidentiality process in place from the outset. This should include specific confidentiality clauses in your employment contracts and putting non-disclosure agreements (NDAs) in place with any external parties to reduce the risk of confidential information slipping through the net.
Keep your ideas confidential
Put in place formal confidentiality agreements with all parties involved to prevent unauthorised sharing of your ideas.
Concept
Protective steps begin
When your new product is at the very beginning of its life, when it is little more than a concept, it is easy to put off thinking about intellectual property, or “IP” as it is often shortened to.
However, all too often this delay can mean fundamental aspects of IP are missed. This could be both time consuming and expensive to resolve later on. Or worse, if it’s too late to fix it, it could even prevent you from fully utilising your IP altogether.
To make sure this doesn’t happen we’d suggest you follow these simple steps from the very beginning of your project so you enjoy all the commercial benefits of an effective and cohesive IP strategy from day one.
Get the ownership right from the outset
+ INFO
Identify what you already own and who will own anything new that is created
+ INFO
CONCEPT
RESEARCH
aNALYSIS
DEVELOP
LAUNCH
AFTER SALES
Keep your ideas confidential
+ INFO
Concept
Protective steps begin
Whether the concept stage of the project is being carried out in-house or with the help of external consultants, all parties involved must understand who will own the resulting IP.
If this is in any way unclear you could leave yourself open to the parallel and unauthorised use of the IP by other parties. This can prevent or at least severely restrict the IP protection that you, as the true owner, can seek.
Therefore, at this stage it is always a good idea to ask an expert to draft a formal agreement setting out who will own the IP that will come out of the development project.
Get the ownership right from the outset
Prevent ownership disputes later on by ensuring all parties involved are in full agreement as to who owns what.
When your new product is at the very beginning of its life, when it is little more than a concept, it is easy to put off thinking about intellectual property, or “IP” as it is often shortened to.
However, all too often this delay can mean fundamental aspects of IP are missed. This could be both time consuming and expensive to resolve later on. Or worse, if it’s too late to fix it, it could even prevent you from fully utilising your IP altogether.
To make sure this doesn’t happen we’d suggest you follow these simple steps from the very beginning of your project so you enjoy all the commercial benefits of an effective and cohesive IP strategy from day one.
Identify what you already own and who will own anything new that is created
+ INFO
CONCEPT
RESEARCH
aNALYSIS
DEVELOP
LAUNCH
AFTER SALES
Keep your ideas confidential
+ INFO
Concept
Protective steps begin
Get the ownership right from the outset
+ INFO
When your new product is at the very beginning of its life, when it is little more than a concept, it is easy to put off thinking about intellectual property, or “IP” as it is often shortened to.
However, all too often this delay can mean fundamental aspects of IP are missed. This could be both time consuming and expensive to resolve later on. Or worse, if it’s too late to fix it, it could even prevent you from fully utilising your IP altogether.
To make sure this doesn’t happen we’d suggest you follow these simple steps from the very beginning of your project so you enjoy all the commercial benefits of an effective and cohesive IP strategy from day one.
Any agreement you make with an external party involved at this early stage must clearly set out:
Identify what you already own and who will own anything new that is created
Formally define all background IP so the foreground IP to be created can be clearly identified.
- What each party is bringing to the table (this is often referred to as “background IP”)
- Who is going to own the rights to the newly-created ideas (often referred to as “foreground IP”)
Formally defining the background IP will make the task of carving out the foreground IP much more straightforward, and can help ensure who owns the newly created IP is clear.
AFTER SALES
CONCEPT
RESEARCH
aNALYSIS
DEVELOP
AFTER SALES
LAUNCH
LAUNCH
DEVELOP
aNALYSIS
Carry out IP searching to identify current and future competitors.
Know your current and future competitors
+ INFO
Research
Understand the competitive landscape
You will now have an idea of the problem you want to solve and which path your product is likely to take. Now you need to assess your market’s appetite for it. This will involve investigating what your competitors in the same field are doing. Why not use this research to your advantage to help steer your product development and, just as importantly, help you avoid legal battles later on? Here are some key ways to help you do both:
Understand the technology tied up in registered IP rights to help steer product development.
Understand what IP is already owned
+ INFO
Study existing IP to identify technology gaps and opportunities to improve the status quo.
Use existing technology as a source of inspiration
+ INFO
CONCEPT
RESEARCH
aNALYSIS
DEVELOP
AFTER SALES
LAUNCH
Know your current and future competitors
You will already have a good idea of which companies are already in the market. You can supplement this knowledge with possible future competitors by identifying the companies in the same technology field who have not yet made it to market.
This can be done by carrying out IP searching in the specific technology field your project is in then working backwards to identify who owns what.
This will not only show you “the lay of the land” in terms of current IP, it will also make it easier to catch potential future infringements of your technology by monitoring the ongoing activities of these companies.
Carry out IP searching to identify current and future competitors.
Research
Understand the competitive landscape
You will now have an idea of the problem you want to solve and which path your product is likely to take. Now you need to assess your market’s appetite for it. This will involve investigating what your competitors in the same field are doing. Why not use this research to your advantage to help steer your product development and, just as importantly, help you avoid legal battles later on? Here are some key ways to help you do both:
Understand what IP is already owned
+ INFO
Use existing technology as a source of inspiration
+ INFO
CONCEPT
RESEARCH
aNALYSIS
DEVELOP
AFTER SALES
LAUNCH
Know your current and future competitors
+ INFO
Research
Understand the competitive landscape
You will now have an idea of the problem you want to solve and which path your product is likely to take. Now you need to assess your market’s appetite for it. This will involve investigating what your competitors in the same field are doing. Why not use this research to your advantage to help steer your product development and, just as importantly, help you avoid legal battles later on? Here are some key ways to help you do both:
Understand what IP is already owned
If you understand exactly what IP your current and future competitors currently hold, it will immediately be easier to avoid stepping on their toes and ending up in an expensive and disruptive legal battle.
Also, once you know what technology is already tied up in registered IP, you can focus on developing new and innovative solutions.
This will make sure you don’t get all the way to the finish line before finding out you might be infringing an existing IP right and have to - quite literally - go back to the drawing board.
Understand the technology tied up in registered IP rights to help steer product development.
Use existing technology as a source of inspiration
+ INFO
CONCEPT
RESEARCH
aNALYSIS
DEVELOP
AFTER SALES
LAUNCH
Know your current and future competitors
Research
Understand the competitive landscape
You will now have an idea of the problem you want to solve and which path your product is likely to take. Now you need to assess your market’s appetite for it. This will involve investigating what your competitors in the same field are doing. Why not use this research to your advantage to help steer your product development and, just as importantly, help you avoid legal battles later on? Here are some key ways to help you do both:
+ INFO
Understand what IP is already owned
+ INFO
Use existing technology as a source of inspiration
You can draw real benefits from the investigations you carry out in step 2. You will be able to spot where there are gaps in the existing technology, gaps you can use to ensure you focus solely on ideas that are truly novel.
Moreover, immersing yourself in the current technology and how it is currently achieved can often provide the inspiration you need to improve the status quo. Simply reading a patent in the relevant field can often provide the spark you need to find that last, pivotal improvement.
Study existing IP to identify technology gaps and opportunities to improve the status quo.
RESEARCH
aNALYSIS
CONCEPT
DEVELOP
AFTER SALES
LAUNCH
Make sure your IP fits with your business plan and commercial objectives.
Review your business plan and commercial objectives
+ INFO
Analysis
Analyse, scrutinize … finalize!
Congratulations! You have established that your latest concept has the potential to be a real game changer.The next part is to make sure your idea really works for your company.
How can you make sure your idea plays the role is should in delivering the desired revenue, profit and market share? These three tips will help:
Ensure your IP Strategy is set up to achieve your commercial goals.
Ensure you have a robust IP strategy
+ INFO
Make sure there is no existing IP that could ultimately stop you commercially exploiting your idea.
Look at your competitors before it's too late
+ INFO
aNALYSIS
RESEARCH
CONCEPT
DEVELOP
AFTER SALES
LAUNCH
Review your business plan and commercial objectives
You may not expect this but the first step in acquiring truly valuable IP protection is making sure your IP maps exactly to your business plan and the corresponding commercial objectives.
There really is nothing worse than spending a lot of time and money in obtaining registered IP rights just to find they don’t support your goals.
Similarly, make sure you know how your new product or service sits within your Exit plan. Is your IP vital to what you are ultimately trying to achieve or is it just nice to have?
Make sure your IP fits with your business plan and commercial objectives.
Congratulations! You have established that your latest concept has the potential to be a real game changer. The next part is to make sure your idea really works for your company.
How can you make sure your idea plays the role is should in delivering the desired revenue, profit and market share? These three tips will help:
Analysis
Analyse, scrutinize … finalize!
Ensure you have a robust IP strategy
+ INFO
Look at your competitors before it's too late
+ INFO
aNALYSIS
RESEARCH
CONCEPT
DEVELOP
AFTER SALES
LAUNCH
Review your business plan and commercial objectives
+ INFO
Congratulations! You have established that your latest concept has the potential to be a real game changer. The next part is to make sure your idea really works for your company.
How can you make sure your idea plays the role is should in delivering the desired revenue, profit and market share? These three tips will help:
Analysis
Analyse, scrutinize … finalize!
Ensure you have a robust IP strategy
So surely the next step is simple? You know what you’re doing and so why not obtain a few registered IP rights to make sure your idea is covered? Not so fast! It is not always necessary or, indeed, helpful to obtain registered protection for every new idea. Rushing into a patent application or registering your designs could alert your competitors to what you are doing and hint at how they could use your ideas to their own advantage.
Instead carefully consider what kind of registered IP protection will truly support your commercial objectives.
This can be a complicated process which is why we created Kick-StartiP, a simple step-by-step process that will look at your business plan and what you are trying to achieve commercially, and then formulate a solid IP strategy to help you achieve those goals.
Ensure your IP Strategy is set up to achieve your commercial goals.
Look at your competitors before it's too late
+ INFO
aNALYSIS
RESEARCH
CONCEPT
DEVELOP
AFTER SALES
LAUNCH
Review your business plan and commercial objectives
Congratulations! You have established that your latest concept has the potential to be a real game changer. The next part is to make sure your idea really works for your company.
How can you make sure your idea plays the role is should in delivering the desired revenue, profit and market share? These three tips will help:
Analysis
Analyse, scrutinize … finalize!
+ INFO
Ensure you have a robust IP strategy
+ INFO
During the research phase you will have identified your competitors and where your new concept has the edge over them.
However, just because your innovation is ’better’ than your competitors’, this does not necessarily mean you are free to exploit it. Your new product or service may still need to make use of IP owned by other market players, so you will need to decide whether to avoid using that IP or whether to try and get permission to use it, i.e. try and take a licence.
This is the last and arguably most essential check before you start to invest significant amounts of money into developing your innovation. Make sure there isn’t any existing IP that may ultimately stop you from releasing your product once it’s ready to go.
Make sure there is no existing IP that could ultimately stop you commercially exploiting your idea.
Look at your competitors before it's too late
AFTER SALES
DEVELOP
RESEARCH
CONCEPT
aNALYSIS
LAUNCH
Have a clear roadmap in your IP strategy setting out when, where and how you’ll obtain the IP rights you require.
Carefully plan your IP strategy
+ INFO
Develop
Developing your idea into a commercial reality
All of your groundwork is done. Now it’s time to turn your idea into a commercial reality.
Developing your concept into the final product can throw up some unforeseen hurdles but these tips will help make sure your IP isn’t one of them.
Get the green light for every aspect of your brand before finalising your marketing materials.
Launch your branding on the right foot
+ INFO
Ensure your IP agreements are and remain fit for purpose.
Keep an eye on your IP arrangements
+ INFO
AFTER SALES
DEVELOP
RESEARCH
CONCEPT
aNALYSIS
LAUNCH
Carefully plan your IP strategy
When it comes to legally protecting your new products and services, the possibilities are manifold - patents, designs, trade marks, or trade secrets to name but a few.
Each IP right has its own strengths and weaknesses so your IP strategy has to be totally bespoke to your innovation and your commercial objectives.
You should of course aim to cover all the key selling points of your new product but unfortunately, none of us have a crystal ball. This is why it is so vital that you set the most effective and most appropriate IP strategy as early as possible. It will give you the best possible chance of protecting the most commercially valuable aspects of your new product.
Have a clear roadmap in your IP strategy setting out when, where and how you’ll obtain the IP rights you require.
All of your groundwork is done. Now it’s time to turn your idea into a commercial reality.
Developing your concept into the final product can throw up some unforeseen hurdles but these tips will help make sure your IP isn’t one of them.
Develop
Developing your idea into a commercial reality
Launch your branding on the right foot
+ INFO
Keep an eye on your IP arrangements
+ INFO
AFTER SALES
DEVELOP
RESEARCH
CONCEPT
aNALYSIS
LAUNCH
Carefully plan your IP strategy
+ INFO
All of your groundwork is done. Now it’s time to turn your idea into a commercial reality.
Developing your concept into the final product can throw up some unforeseen hurdles but these tips will help make sure your IP isn’t one of them.
Develop
Developing your idea into a commercial reality
Launch your branding on the right foot
At this stage, you will probably already have an idea of how you want the branding of your new product to look.
However, it is not too late to change it if research suggests there might be issues. The checks at this stage are crucial; they will prevent you from the expense and hassle of having to change your brand name as well as possibly overhaul all of your marketing materials at the last minute.
Unfortunately we have seen this situation all too often but it is totally avoidable. Ask a trade mark attorney to uncover any surprises that could affect your launch and, if they find any, work out how best to avoid them.
Get the green light for every aspect of your brand before finalising your marketing materials.
Keep an eye on your IP arrangements
+ INFO
AFTER SALES
DEVELOP
RESEARCH
CONCEPT
aNALYSIS
LAUNCH
+ INFO
Carefully plan your IP strategy
All of your groundwork is done. Now it’s time to turn your idea into a commercial reality.
Developing your concept into the final product can throw up some unforeseen hurdles but these tips will help make sure your IP isn’t one of them.
Develop
Developing your idea into a commercial reality
Launch your branding on the right foot
+ INFO
As you know better than us, once the development process is in full swing, it gains momentum. Initial concepts change, development efforts take new directions and new collaborations have to be formed.
As a product developer, your challenge is to keep track of all these changes.
However, not everyone on your team may be aware of the potential implications new collaborations with consultants or suppliers may have. This means proprietary information has to be safeguarded before it is shared and that the terms of any collaboration agreements you or your colleagues enter into fit your business model.
You need to have a copy of every contract your team has entered into and take time to confirm the terms allow you to use the results of your collaboration exactly as you’ve planned.
Ensure your IP agreements are and remain fit for purpose.
Keep an eye on your IP arrangements
LAUNCH
RESEARCH
CONCEPT
AFTER SALES
aNALYSIS
DEVELOP
Clearly identify your IP rights to deter copying and unauthorised use and to maximise your enforcement options.
Ensure others are aware of your IP rights
+ INFO
Launch
Up, up and away…
As you get ready to go to market you will have your hands full.
You’ll need to finalise your marketing and distribution plans, work out your sales training, design the supporting collateral and set a launch date and much, much more.
However, there are also a few things you should double-check from an IP perspective
Ensure your financial investment in product development is recouped to the greatest extent possible by exploring the available tax reliefs.
Review your taxation arrangements
+ INFO
Check that every aspect of your product is covered by appropriate and robust IP rights.
Confirm your IP rights map onto the final product
+ INFO
LAUNCH
RESEARCH
CONCEPT
AFTER SALES
aNALYSIS
DEVELOP
Ensure others are aware of your IP rights
Although there is no mandatory requirement to mark your products with details of your IP rights, there are benefits to doing so.
It can act as a deterrent against copying the product or against unauthorised use of your trade mark. It can also help to ensure you will be entitled to damages if your patent or registered design is infringed.
Traditionally, products were directly stamped, engraved or labelled with their patent and/or registered design numbers. You can still do this, but a cheaper and more flexible option is to add a web address that clearly associates the product with the patent or design number(s).
Or, if you have a trade mark you can use ®.
Clearly identify your IP rights to deter copying and unauthorised use and to maximise your enforcement options.
As you get ready to go to market you will have your hands full.
You’ll need to finalise your marketing and distribution plans, work out your sales training, design the supporting collateral and set a launch date and much, much more.
However, there are also a few things you should double-check from an IP perspective
Launch
Up, up and away…
Review your taxation arrangements
+ INFO
Confirm your IP rights map onto the final product
+ INFO
LAUNCH
RESEARCH
CONCEPT
AFTER SALES
aNALYSIS
DEVELOP
Ensure others are aware of your IP rights
+ INFO
As you get ready to go to market you will have your hands full.
You’ll need to finalise your marketing and distribution plans, work out your sales training, design the supporting collateral and set a launch date and much, much more.
However, there are also a few things you should double-check from an IP perspective
Launch
Up, up and away…
Review your taxation arrangements
Your company may be able to pay a reduced rate of Corporation Tax if it exploits its patented inventions and innovations.
The Patent Box has been designed to encourage companies to keep and commercialise intellectual property in the UK. In return they enjoy a lower rate of Corporation Tax on the profits earned from their patented inventions.
In addition, companies working on innovative projects may be entitled to Research and Development (R&D) tax credits if they can prove their endeavours will lead to advancements in their field.
Ensure your financial investment in product development is recouped to the greatest extent possible by exploring the available tax reliefs.
Confirm your IP rights map onto the final product
+ INFO
LAUNCH
RESEARCH
CONCEPT
AFTER SALES
aNALYSIS
DEVELOP
+ INFO
Ensure others are aware of your IP rights
As you get ready to go to market you will have your hands full.
You’ll need to finalise your marketing and distribution plans, work out your sales training, design the supporting collateral and set a launch date and much, much more.
However, there are also a few things you should double-check from an IP perspective
Launch
Up, up and away…
Review your taxation arrangements
+ INFO
During the product development process your technical specs may move away from your original design concept. Therefore, it is always worth taking stock of the product in its final form to make sure what you think is protected by the IP assets you have invested in definitely is protected.
Do your design registrations capture the appearance of the final version of the product?
Are the core technical principles of the product adequately disclosed and ring-fenced in your patent applications?
These are issues that can be difficult, expensive or even impossible to fix later on so it is essential you confirm these aspects are in order before you launch.
Check that every aspect of your product is covered by appropriate and robust IP rights.
Confirm your IP rights map onto the final product
AFTER SALES
RESEARCH
CONCEPT
aNALYSIS
DEVELOP
LAUNCH
Catch potential infringers and counterfeiters early by setting up a range of surveillance and monitoring activities.
Police your IP rights
+ INFO
After Sales
Maintaining satisfaction
Once your product has launched your attention will inevitably turn to aftersales support.
Activities like managing warranties, servicing, training, upgrades or even repair - everything you’ll need to do to maintain customer satisfaction and build brand loyalty.
Your IP still has a crucial role to play though.
Your product will be at most risk once it’s openly available so these three tips will help you make sure others don’t piggyback on all your hard work.
+ INFO
Mantain your enforcements options
Mantain (and constantly review) your IP rights so they remain enforceable.
Keep referring back to your IP strategy as your product offering develops and evolves.
Review your IP position continuously
+ INFO
AFTER SALES
RESEARCH
CONCEPT
aNALYSIS
DEVELOP
LAUNCH
Police your IP rights
All of your IP rights will need to be policed if they are going to provide the effective protection you’ll need to succeed.
You should implement coordinated surveillance of the marketplace and regularly review the relevant media channels to identify potential infringers. You should also monitor your competitors’ patent applications to see what they are up to.
You can also set up watching services to alert you to competitors trying to register similar trade marks and use online monitoring software to identify any other misuses of your brand.
Catch potential infringers and counterfeiters early by setting up a range of surveillance and monitoring activities.
Once your product has launched your attention will inevitably turn to aftersales support.
Activities like managing warranties, servicing, training, upgrades or even repair - everything you’ll need to do to maintain customer satisfaction and build brand loyalty.
Your IP still has a crucial role to play though.
Your product will be at most risk once it’s openly available so these three tips will help you make sure others don’t piggyback on all your hard work.
After Sales
Maintaining satisfaction
Mantain your enforcements options
+ INFO
Review your IP position continuously
+ INFO
AFTER SALES
RESEARCH
CONCEPT
aNALYSIS
DEVELOP
LAUNCH
Police your IP rights
+ INFO
Once your product has launched your attention will inevitably turn to aftersales support.
Activities like managing warranties, servicing, training, upgrades or even repair - everything you’ll need to do to maintain customer satisfaction and build brand loyalty.
Your IP still has a crucial role to play though.
Your product will be at most risk once it’s openly available so these three tips will help you make sure others don’t piggyback on all your hard work.
After Sales
Maintaining satisfaction
Mantain your enforcements options
Most registered IP rights have to be renewed periodically to ensure they remain in force. You should have a robust and reliable process sitting behind your portfolio so nothing is missed, using a dedicated renewals provider if necessary.
As long as you keep your registered IP rights in place you will always have several rapid enforcement options available, including customs notices or online takedowns.
If your IP rights are unregistered, e.g. design rights or copyright, it is vital you keep good records of who created what, where, and when.
Mantain (and constantly review) your IP rights so they remain enforceable.
Review your IP position continuously
+ INFO
AFTER SALES
RESEARCH
CONCEPT
aNALYSIS
DEVELOP
LAUNCH
+ INFO
Police your IP rights
Once your product has launched your attention will inevitably turn to aftersales support.
Activities like managing warranties, servicing, training, upgrades or even repair - everything you’ll need to do to maintain customer satisfaction and build brand loyalty.
Your IP still has a crucial role to play though.
Your product will be at most risk once it’s openly available so these three tips will help you make sure others don’t piggyback on all your hard work.
After Sales
Maintaining satisfaction
Mantain your enforcements options
+ INFO
As your product moves through its intended lifecycle it will probably be modified, improved or change in appearance. Alternatively the geographic spread of your market may increase. In both instances you will need to extend your portfolio of IP rights accordingly to ensure you remain fully protected.
Conversely, as your product and your brand evolves some of your existing IP rights may no longer be relevant. A periodic review will highlight which rights are no longer worth maintaining. This will help you trim unnecessary costs.
Keep referring back to your IP strategy as your product offering develops and evolves.
Review your IP position continuously
FINAL IP PD
dalal.rahman
Created on February 5, 2021
Start designing with a free template
Discover more than 1500 professional designs like these:
View
Vision Board
View
SWOT Challenge: Classify Key Factors
View
Explainer Video: Keys to Effective Communication
View
Explainer Video: AI for Companies
View
Corporate CV
View
Flow Presentation
View
Geographical Challenge: Drag to the map
Explore all templates
Transcript
IP in Product Development
A step-by-step guide to protecting your intellectual property during the product development process.
START
Assess Market
Product Development
Customer Care
CONcept
RESEARCH
aNALYSIS
DEVELOP
LAUNCH
AFTER SALES
Go to Market
Idea Generation
Business Analysis
Click on each of the stages to see how you can protect and optimise the value of your IP throughout the product development process.
CONCEPT
RESEARCH
aNALYSIS
DEVELOP
LAUNCH
AFTER SALES
Put in place formal confidentiality agreements with all parties involved to prevent unauthorised sharing of your ideas.
Keep your ideas confidential
+ INFO
Concept
Protective steps begin
When your new product is at the very beginning of its life, when it is little more than a concept, it is easy to put off thinking about intellectual property, or “IP” as it is often shortened to. However, all too often this delay can mean fundamental aspects of IP are missed. This could be both time consuming and expensive to resolve later on. Or worse, if it’s too late to fix it, it could even prevent you from fully utilising your IP altogether. To make sure this doesn’t happen we’d suggest you follow these simple steps from the very beginning of your project so you enjoy all the commercial benefits of an effective and cohesive IP strategy from day one.
Prevent ownership disputes later on by ensuring all parties involved are in full agreement as to who owns what.
Get the ownership right from the outset
+ INFO
Formally define all background IP so the foreground IP to be created can be clearly identified.
Identify what you already own and who will own anything new that is created
+ INFO
CONCEPT
RESEARCH
aNALYSIS
DEVELOP
LAUNCH
AFTER SALES
Keeping all of your ideas confidential at this stage will be pivotal to you being able to obtain the required IP for what might later become a key product for your business. Once details of an idea are out in the public domain (and this includes verbal disclosures as well as information published on websites, social media, journals etc.), it is extremely difficult (if not impossible) to take that information back. Make sure you have a formal confidentiality process in place from the outset. This should include specific confidentiality clauses in your employment contracts and putting non-disclosure agreements (NDAs) in place with any external parties to reduce the risk of confidential information slipping through the net.
Keep your ideas confidential
Put in place formal confidentiality agreements with all parties involved to prevent unauthorised sharing of your ideas.
Concept
Protective steps begin
When your new product is at the very beginning of its life, when it is little more than a concept, it is easy to put off thinking about intellectual property, or “IP” as it is often shortened to. However, all too often this delay can mean fundamental aspects of IP are missed. This could be both time consuming and expensive to resolve later on. Or worse, if it’s too late to fix it, it could even prevent you from fully utilising your IP altogether. To make sure this doesn’t happen we’d suggest you follow these simple steps from the very beginning of your project so you enjoy all the commercial benefits of an effective and cohesive IP strategy from day one.
Get the ownership right from the outset
+ INFO
Identify what you already own and who will own anything new that is created
+ INFO
CONCEPT
RESEARCH
aNALYSIS
DEVELOP
LAUNCH
AFTER SALES
Keep your ideas confidential
+ INFO
Concept
Protective steps begin
Whether the concept stage of the project is being carried out in-house or with the help of external consultants, all parties involved must understand who will own the resulting IP. If this is in any way unclear you could leave yourself open to the parallel and unauthorised use of the IP by other parties. This can prevent or at least severely restrict the IP protection that you, as the true owner, can seek. Therefore, at this stage it is always a good idea to ask an expert to draft a formal agreement setting out who will own the IP that will come out of the development project.
Get the ownership right from the outset
Prevent ownership disputes later on by ensuring all parties involved are in full agreement as to who owns what.
When your new product is at the very beginning of its life, when it is little more than a concept, it is easy to put off thinking about intellectual property, or “IP” as it is often shortened to. However, all too often this delay can mean fundamental aspects of IP are missed. This could be both time consuming and expensive to resolve later on. Or worse, if it’s too late to fix it, it could even prevent you from fully utilising your IP altogether. To make sure this doesn’t happen we’d suggest you follow these simple steps from the very beginning of your project so you enjoy all the commercial benefits of an effective and cohesive IP strategy from day one.
Identify what you already own and who will own anything new that is created
+ INFO
CONCEPT
RESEARCH
aNALYSIS
DEVELOP
LAUNCH
AFTER SALES
Keep your ideas confidential
+ INFO
Concept
Protective steps begin
Get the ownership right from the outset
+ INFO
When your new product is at the very beginning of its life, when it is little more than a concept, it is easy to put off thinking about intellectual property, or “IP” as it is often shortened to. However, all too often this delay can mean fundamental aspects of IP are missed. This could be both time consuming and expensive to resolve later on. Or worse, if it’s too late to fix it, it could even prevent you from fully utilising your IP altogether. To make sure this doesn’t happen we’d suggest you follow these simple steps from the very beginning of your project so you enjoy all the commercial benefits of an effective and cohesive IP strategy from day one.
Any agreement you make with an external party involved at this early stage must clearly set out:
Identify what you already own and who will own anything new that is created
Formally define all background IP so the foreground IP to be created can be clearly identified.
Formally defining the background IP will make the task of carving out the foreground IP much more straightforward, and can help ensure who owns the newly created IP is clear.
AFTER SALES
CONCEPT
RESEARCH
aNALYSIS
DEVELOP
AFTER SALES
LAUNCH
LAUNCH
DEVELOP
aNALYSIS
Carry out IP searching to identify current and future competitors.
Know your current and future competitors
+ INFO
Research
Understand the competitive landscape
You will now have an idea of the problem you want to solve and which path your product is likely to take. Now you need to assess your market’s appetite for it. This will involve investigating what your competitors in the same field are doing. Why not use this research to your advantage to help steer your product development and, just as importantly, help you avoid legal battles later on? Here are some key ways to help you do both:
Understand the technology tied up in registered IP rights to help steer product development.
Understand what IP is already owned
+ INFO
Study existing IP to identify technology gaps and opportunities to improve the status quo.
Use existing technology as a source of inspiration
+ INFO
CONCEPT
RESEARCH
aNALYSIS
DEVELOP
AFTER SALES
LAUNCH
Know your current and future competitors
You will already have a good idea of which companies are already in the market. You can supplement this knowledge with possible future competitors by identifying the companies in the same technology field who have not yet made it to market. This can be done by carrying out IP searching in the specific technology field your project is in then working backwards to identify who owns what. This will not only show you “the lay of the land” in terms of current IP, it will also make it easier to catch potential future infringements of your technology by monitoring the ongoing activities of these companies.
Carry out IP searching to identify current and future competitors.
Research
Understand the competitive landscape
You will now have an idea of the problem you want to solve and which path your product is likely to take. Now you need to assess your market’s appetite for it. This will involve investigating what your competitors in the same field are doing. Why not use this research to your advantage to help steer your product development and, just as importantly, help you avoid legal battles later on? Here are some key ways to help you do both:
Understand what IP is already owned
+ INFO
Use existing technology as a source of inspiration
+ INFO
CONCEPT
RESEARCH
aNALYSIS
DEVELOP
AFTER SALES
LAUNCH
Know your current and future competitors
+ INFO
Research
Understand the competitive landscape
You will now have an idea of the problem you want to solve and which path your product is likely to take. Now you need to assess your market’s appetite for it. This will involve investigating what your competitors in the same field are doing. Why not use this research to your advantage to help steer your product development and, just as importantly, help you avoid legal battles later on? Here are some key ways to help you do both:
Understand what IP is already owned
If you understand exactly what IP your current and future competitors currently hold, it will immediately be easier to avoid stepping on their toes and ending up in an expensive and disruptive legal battle. Also, once you know what technology is already tied up in registered IP, you can focus on developing new and innovative solutions. This will make sure you don’t get all the way to the finish line before finding out you might be infringing an existing IP right and have to - quite literally - go back to the drawing board.
Understand the technology tied up in registered IP rights to help steer product development.
Use existing technology as a source of inspiration
+ INFO
CONCEPT
RESEARCH
aNALYSIS
DEVELOP
AFTER SALES
LAUNCH
Know your current and future competitors
Research
Understand the competitive landscape
You will now have an idea of the problem you want to solve and which path your product is likely to take. Now you need to assess your market’s appetite for it. This will involve investigating what your competitors in the same field are doing. Why not use this research to your advantage to help steer your product development and, just as importantly, help you avoid legal battles later on? Here are some key ways to help you do both:
+ INFO
Understand what IP is already owned
+ INFO
Use existing technology as a source of inspiration
You can draw real benefits from the investigations you carry out in step 2. You will be able to spot where there are gaps in the existing technology, gaps you can use to ensure you focus solely on ideas that are truly novel. Moreover, immersing yourself in the current technology and how it is currently achieved can often provide the inspiration you need to improve the status quo. Simply reading a patent in the relevant field can often provide the spark you need to find that last, pivotal improvement.
Study existing IP to identify technology gaps and opportunities to improve the status quo.
RESEARCH
aNALYSIS
CONCEPT
DEVELOP
AFTER SALES
LAUNCH
Make sure your IP fits with your business plan and commercial objectives.
Review your business plan and commercial objectives
+ INFO
Analysis
Analyse, scrutinize … finalize!
Congratulations! You have established that your latest concept has the potential to be a real game changer.The next part is to make sure your idea really works for your company. How can you make sure your idea plays the role is should in delivering the desired revenue, profit and market share? These three tips will help:
Ensure your IP Strategy is set up to achieve your commercial goals.
Ensure you have a robust IP strategy
+ INFO
Make sure there is no existing IP that could ultimately stop you commercially exploiting your idea.
Look at your competitors before it's too late
+ INFO
aNALYSIS
RESEARCH
CONCEPT
DEVELOP
AFTER SALES
LAUNCH
Review your business plan and commercial objectives
You may not expect this but the first step in acquiring truly valuable IP protection is making sure your IP maps exactly to your business plan and the corresponding commercial objectives. There really is nothing worse than spending a lot of time and money in obtaining registered IP rights just to find they don’t support your goals. Similarly, make sure you know how your new product or service sits within your Exit plan. Is your IP vital to what you are ultimately trying to achieve or is it just nice to have?
Make sure your IP fits with your business plan and commercial objectives.
Congratulations! You have established that your latest concept has the potential to be a real game changer. The next part is to make sure your idea really works for your company. How can you make sure your idea plays the role is should in delivering the desired revenue, profit and market share? These three tips will help:
Analysis
Analyse, scrutinize … finalize!
Ensure you have a robust IP strategy
+ INFO
Look at your competitors before it's too late
+ INFO
aNALYSIS
RESEARCH
CONCEPT
DEVELOP
AFTER SALES
LAUNCH
Review your business plan and commercial objectives
+ INFO
Congratulations! You have established that your latest concept has the potential to be a real game changer. The next part is to make sure your idea really works for your company. How can you make sure your idea plays the role is should in delivering the desired revenue, profit and market share? These three tips will help:
Analysis
Analyse, scrutinize … finalize!
Ensure you have a robust IP strategy
So surely the next step is simple? You know what you’re doing and so why not obtain a few registered IP rights to make sure your idea is covered? Not so fast! It is not always necessary or, indeed, helpful to obtain registered protection for every new idea. Rushing into a patent application or registering your designs could alert your competitors to what you are doing and hint at how they could use your ideas to their own advantage. Instead carefully consider what kind of registered IP protection will truly support your commercial objectives. This can be a complicated process which is why we created Kick-StartiP, a simple step-by-step process that will look at your business plan and what you are trying to achieve commercially, and then formulate a solid IP strategy to help you achieve those goals.
Ensure your IP Strategy is set up to achieve your commercial goals.
Look at your competitors before it's too late
+ INFO
aNALYSIS
RESEARCH
CONCEPT
DEVELOP
AFTER SALES
LAUNCH
Review your business plan and commercial objectives
Congratulations! You have established that your latest concept has the potential to be a real game changer. The next part is to make sure your idea really works for your company. How can you make sure your idea plays the role is should in delivering the desired revenue, profit and market share? These three tips will help:
Analysis
Analyse, scrutinize … finalize!
+ INFO
Ensure you have a robust IP strategy
+ INFO
During the research phase you will have identified your competitors and where your new concept has the edge over them. However, just because your innovation is ’better’ than your competitors’, this does not necessarily mean you are free to exploit it. Your new product or service may still need to make use of IP owned by other market players, so you will need to decide whether to avoid using that IP or whether to try and get permission to use it, i.e. try and take a licence. This is the last and arguably most essential check before you start to invest significant amounts of money into developing your innovation. Make sure there isn’t any existing IP that may ultimately stop you from releasing your product once it’s ready to go.
Make sure there is no existing IP that could ultimately stop you commercially exploiting your idea.
Look at your competitors before it's too late
AFTER SALES
DEVELOP
RESEARCH
CONCEPT
aNALYSIS
LAUNCH
Have a clear roadmap in your IP strategy setting out when, where and how you’ll obtain the IP rights you require.
Carefully plan your IP strategy
+ INFO
Develop
Developing your idea into a commercial reality
All of your groundwork is done. Now it’s time to turn your idea into a commercial reality. Developing your concept into the final product can throw up some unforeseen hurdles but these tips will help make sure your IP isn’t one of them.
Get the green light for every aspect of your brand before finalising your marketing materials.
Launch your branding on the right foot
+ INFO
Ensure your IP agreements are and remain fit for purpose.
Keep an eye on your IP arrangements
+ INFO
AFTER SALES
DEVELOP
RESEARCH
CONCEPT
aNALYSIS
LAUNCH
Carefully plan your IP strategy
When it comes to legally protecting your new products and services, the possibilities are manifold - patents, designs, trade marks, or trade secrets to name but a few. Each IP right has its own strengths and weaknesses so your IP strategy has to be totally bespoke to your innovation and your commercial objectives. You should of course aim to cover all the key selling points of your new product but unfortunately, none of us have a crystal ball. This is why it is so vital that you set the most effective and most appropriate IP strategy as early as possible. It will give you the best possible chance of protecting the most commercially valuable aspects of your new product.
Have a clear roadmap in your IP strategy setting out when, where and how you’ll obtain the IP rights you require.
All of your groundwork is done. Now it’s time to turn your idea into a commercial reality. Developing your concept into the final product can throw up some unforeseen hurdles but these tips will help make sure your IP isn’t one of them.
Develop
Developing your idea into a commercial reality
Launch your branding on the right foot
+ INFO
Keep an eye on your IP arrangements
+ INFO
AFTER SALES
DEVELOP
RESEARCH
CONCEPT
aNALYSIS
LAUNCH
Carefully plan your IP strategy
+ INFO
All of your groundwork is done. Now it’s time to turn your idea into a commercial reality. Developing your concept into the final product can throw up some unforeseen hurdles but these tips will help make sure your IP isn’t one of them.
Develop
Developing your idea into a commercial reality
Launch your branding on the right foot
At this stage, you will probably already have an idea of how you want the branding of your new product to look. However, it is not too late to change it if research suggests there might be issues. The checks at this stage are crucial; they will prevent you from the expense and hassle of having to change your brand name as well as possibly overhaul all of your marketing materials at the last minute. Unfortunately we have seen this situation all too often but it is totally avoidable. Ask a trade mark attorney to uncover any surprises that could affect your launch and, if they find any, work out how best to avoid them.
Get the green light for every aspect of your brand before finalising your marketing materials.
Keep an eye on your IP arrangements
+ INFO
AFTER SALES
DEVELOP
RESEARCH
CONCEPT
aNALYSIS
LAUNCH
+ INFO
Carefully plan your IP strategy
All of your groundwork is done. Now it’s time to turn your idea into a commercial reality. Developing your concept into the final product can throw up some unforeseen hurdles but these tips will help make sure your IP isn’t one of them.
Develop
Developing your idea into a commercial reality
Launch your branding on the right foot
+ INFO
As you know better than us, once the development process is in full swing, it gains momentum. Initial concepts change, development efforts take new directions and new collaborations have to be formed. As a product developer, your challenge is to keep track of all these changes. However, not everyone on your team may be aware of the potential implications new collaborations with consultants or suppliers may have. This means proprietary information has to be safeguarded before it is shared and that the terms of any collaboration agreements you or your colleagues enter into fit your business model. You need to have a copy of every contract your team has entered into and take time to confirm the terms allow you to use the results of your collaboration exactly as you’ve planned.
Ensure your IP agreements are and remain fit for purpose.
Keep an eye on your IP arrangements
LAUNCH
RESEARCH
CONCEPT
AFTER SALES
aNALYSIS
DEVELOP
Clearly identify your IP rights to deter copying and unauthorised use and to maximise your enforcement options.
Ensure others are aware of your IP rights
+ INFO
Launch
Up, up and away…
As you get ready to go to market you will have your hands full. You’ll need to finalise your marketing and distribution plans, work out your sales training, design the supporting collateral and set a launch date and much, much more. However, there are also a few things you should double-check from an IP perspective
Ensure your financial investment in product development is recouped to the greatest extent possible by exploring the available tax reliefs.
Review your taxation arrangements
+ INFO
Check that every aspect of your product is covered by appropriate and robust IP rights.
Confirm your IP rights map onto the final product
+ INFO
LAUNCH
RESEARCH
CONCEPT
AFTER SALES
aNALYSIS
DEVELOP
Ensure others are aware of your IP rights
Although there is no mandatory requirement to mark your products with details of your IP rights, there are benefits to doing so. It can act as a deterrent against copying the product or against unauthorised use of your trade mark. It can also help to ensure you will be entitled to damages if your patent or registered design is infringed. Traditionally, products were directly stamped, engraved or labelled with their patent and/or registered design numbers. You can still do this, but a cheaper and more flexible option is to add a web address that clearly associates the product with the patent or design number(s). Or, if you have a trade mark you can use ®.
Clearly identify your IP rights to deter copying and unauthorised use and to maximise your enforcement options.
As you get ready to go to market you will have your hands full. You’ll need to finalise your marketing and distribution plans, work out your sales training, design the supporting collateral and set a launch date and much, much more. However, there are also a few things you should double-check from an IP perspective
Launch
Up, up and away…
Review your taxation arrangements
+ INFO
Confirm your IP rights map onto the final product
+ INFO
LAUNCH
RESEARCH
CONCEPT
AFTER SALES
aNALYSIS
DEVELOP
Ensure others are aware of your IP rights
+ INFO
As you get ready to go to market you will have your hands full. You’ll need to finalise your marketing and distribution plans, work out your sales training, design the supporting collateral and set a launch date and much, much more. However, there are also a few things you should double-check from an IP perspective
Launch
Up, up and away…
Review your taxation arrangements
Your company may be able to pay a reduced rate of Corporation Tax if it exploits its patented inventions and innovations. The Patent Box has been designed to encourage companies to keep and commercialise intellectual property in the UK. In return they enjoy a lower rate of Corporation Tax on the profits earned from their patented inventions. In addition, companies working on innovative projects may be entitled to Research and Development (R&D) tax credits if they can prove their endeavours will lead to advancements in their field.
Ensure your financial investment in product development is recouped to the greatest extent possible by exploring the available tax reliefs.
Confirm your IP rights map onto the final product
+ INFO
LAUNCH
RESEARCH
CONCEPT
AFTER SALES
aNALYSIS
DEVELOP
+ INFO
Ensure others are aware of your IP rights
As you get ready to go to market you will have your hands full. You’ll need to finalise your marketing and distribution plans, work out your sales training, design the supporting collateral and set a launch date and much, much more. However, there are also a few things you should double-check from an IP perspective
Launch
Up, up and away…
Review your taxation arrangements
+ INFO
During the product development process your technical specs may move away from your original design concept. Therefore, it is always worth taking stock of the product in its final form to make sure what you think is protected by the IP assets you have invested in definitely is protected. Do your design registrations capture the appearance of the final version of the product? Are the core technical principles of the product adequately disclosed and ring-fenced in your patent applications? These are issues that can be difficult, expensive or even impossible to fix later on so it is essential you confirm these aspects are in order before you launch.
Check that every aspect of your product is covered by appropriate and robust IP rights.
Confirm your IP rights map onto the final product
AFTER SALES
RESEARCH
CONCEPT
aNALYSIS
DEVELOP
LAUNCH
Catch potential infringers and counterfeiters early by setting up a range of surveillance and monitoring activities.
Police your IP rights
+ INFO
After Sales
Maintaining satisfaction
Once your product has launched your attention will inevitably turn to aftersales support. Activities like managing warranties, servicing, training, upgrades or even repair - everything you’ll need to do to maintain customer satisfaction and build brand loyalty. Your IP still has a crucial role to play though. Your product will be at most risk once it’s openly available so these three tips will help you make sure others don’t piggyback on all your hard work.
+ INFO
Mantain your enforcements options
Mantain (and constantly review) your IP rights so they remain enforceable.
Keep referring back to your IP strategy as your product offering develops and evolves.
Review your IP position continuously
+ INFO
AFTER SALES
RESEARCH
CONCEPT
aNALYSIS
DEVELOP
LAUNCH
Police your IP rights
All of your IP rights will need to be policed if they are going to provide the effective protection you’ll need to succeed. You should implement coordinated surveillance of the marketplace and regularly review the relevant media channels to identify potential infringers. You should also monitor your competitors’ patent applications to see what they are up to. You can also set up watching services to alert you to competitors trying to register similar trade marks and use online monitoring software to identify any other misuses of your brand.
Catch potential infringers and counterfeiters early by setting up a range of surveillance and monitoring activities.
Once your product has launched your attention will inevitably turn to aftersales support. Activities like managing warranties, servicing, training, upgrades or even repair - everything you’ll need to do to maintain customer satisfaction and build brand loyalty. Your IP still has a crucial role to play though. Your product will be at most risk once it’s openly available so these three tips will help you make sure others don’t piggyback on all your hard work.
After Sales
Maintaining satisfaction
Mantain your enforcements options
+ INFO
Review your IP position continuously
+ INFO
AFTER SALES
RESEARCH
CONCEPT
aNALYSIS
DEVELOP
LAUNCH
Police your IP rights
+ INFO
Once your product has launched your attention will inevitably turn to aftersales support. Activities like managing warranties, servicing, training, upgrades or even repair - everything you’ll need to do to maintain customer satisfaction and build brand loyalty. Your IP still has a crucial role to play though. Your product will be at most risk once it’s openly available so these three tips will help you make sure others don’t piggyback on all your hard work.
After Sales
Maintaining satisfaction
Mantain your enforcements options
Most registered IP rights have to be renewed periodically to ensure they remain in force. You should have a robust and reliable process sitting behind your portfolio so nothing is missed, using a dedicated renewals provider if necessary. As long as you keep your registered IP rights in place you will always have several rapid enforcement options available, including customs notices or online takedowns. If your IP rights are unregistered, e.g. design rights or copyright, it is vital you keep good records of who created what, where, and when.
Mantain (and constantly review) your IP rights so they remain enforceable.
Review your IP position continuously
+ INFO
AFTER SALES
RESEARCH
CONCEPT
aNALYSIS
DEVELOP
LAUNCH
+ INFO
Police your IP rights
Once your product has launched your attention will inevitably turn to aftersales support. Activities like managing warranties, servicing, training, upgrades or even repair - everything you’ll need to do to maintain customer satisfaction and build brand loyalty. Your IP still has a crucial role to play though. Your product will be at most risk once it’s openly available so these three tips will help you make sure others don’t piggyback on all your hard work.
After Sales
Maintaining satisfaction
Mantain your enforcements options
+ INFO
As your product moves through its intended lifecycle it will probably be modified, improved or change in appearance. Alternatively the geographic spread of your market may increase. In both instances you will need to extend your portfolio of IP rights accordingly to ensure you remain fully protected. Conversely, as your product and your brand evolves some of your existing IP rights may no longer be relevant. A periodic review will highlight which rights are no longer worth maintaining. This will help you trim unnecessary costs.
Keep referring back to your IP strategy as your product offering develops and evolves.
Review your IP position continuously