Pointers on developing an IP protection strategy

Developing a solid strategy to manage a business’ intellectual property begins with an analysis of the business’ philosophy, goals and strategic markets, advised patent lawyer Nancy M. Lambert in her article, "Practice Points on Developing a Global IP Protection Strategy.”

The more a practitioner knows about a company, the more likely she can develop an appropriate approach. “The IP strategy should mirror or enhance, rather than drive, the business strategy,” Lambert said.

Practitioners should also audit the business’ current IP portfolio to develop a baseline and identify the issues to address. Following the audit, communicate these concerns with the client and use those issues as the focus of strategy development.

Other factors that determine the proper IP strategy include the business market, amount of outsourced work and competitors. A comparison with a respected competitor can be extremely persuasive in making a recommendation on a client’s strategy, suggested Lambert.

A recommended intellectual property strategy includes:

• A global system to submit marks and inventions
• Client education on the consequence of disclosure of patents and failure to use trademarks
• Review of publications and press releases by an IP-knowledgeable person
• Robust confidentiality provisions.

Knowing your budget to manage an IP portfolio helps to prioritize the work as well as determine the strategies to register IP rights and enforce them, two of the most significant costs.

“Practice Points on Developing a Global IP Protection Strategy,” appeared in the inaugural issue of Landslide, the new bimonthly magazine from the Section of Intellectual Property Law. The publication offers news and analysis on patents, trademarks, copyrights and related topics. Its emphasis includes business, technology, the arts, legislation and international developments. Learn more about Landslide, and see a preview of other articles by clicking here.

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