Finding and Protecting IP Space
Most people approach IP from the position of seeking to protect a developed technology or a brand. The alternative approach is to start with a review of existing IP in technology or brands with a view to mapping out where the IP of others may lie, thereby identifying any substantive spaces in which there may be both freedom to operate and the possibility of securing IP protection.
For example, an electronics development company may look at a technology area which it has not yet entered by undertaking a study of patents filed in that area by others. In doing so they can accumulate sufficient information to make high-level business decisions. For example they may decide that a minefield of patents exist which they would have to negotiate. Alternatively they could find that the area is relatively underdeveloped from an IP perspective and opportunities arise. Major players can be identified easily (as they are likely to file most patents) and opportunities to licence-in technology and indeed licence-out technology may also be crystallised.
Similarly, a brand manager may find lots of trademark registrations which are close to a brand being considered for use and this would usually points towards adopting an alternative brand. Finding a brand that is relatively clear of registered trade marks may offer the opportunity to develop a set of trade marks centred on the brand theme which is registrable.
The key business advantage to such an exercise is that it can be carried out before development money is spent. The information generated can prove invaluable when business strategy development is still in its infancy as the planning can be adapted to avoid potential pitfalls or capitalize on possible benefits. In short, because our clients are aware from day one how rocky or relatively clear the IP terrain before them is, they can produce much more accurate timetabling and financial projections.
TOMKINS' expertise can guide you through this process from start to finish.