The development of an intellectual property strategy is based on the production sites and markets for the relevant product. In this context, the production sites and markets of competitors must be taken into account, as intellectual property rights constitute a right to prevent third parties from infringing them. For core innovations, the cost of obtaining protection is naturally significantly higher than for device or process patents with a limited monopoly effect. In the case of process protection rights, these can prevent potential customers from using the technology! The product life cycle is also a key factor in determining the application strategy – specifically, how applications are filed, the priority with which they are pursued, the scope of protection, and the duration. Sometimes it makes sense not to apply for intellectual property rights for internal details, thereby avoiding their publication. This non-registration of know-how can nevertheless be safeguarded so that, in future years, competitors’ intellectual property rights do not block this know-how at national level.

In addition to the application process, an intellectual property strategy must also be embedded within the company’s organisation. It must be clarified who is responsible for monitoring competitors for potential infringements of intellectual property rights. The developers and the sales department are often well-suited to this task. The individuals involved should therefore be provided with an overview of the IP portfolio as part of an initial training session, so that those responsible are at least made aware of similar solutions on the market. This also includes monitoring competitors’ intellectual property rights in order to communicate their activities in the IP field internally. At the same time, it must be ensured that current know-how does not leave the company. The IT department must create an appropriate infrastructure to prevent any unauthorised data leakage. The HR department also has a duty to prevent the leakage of know-how through appropriate employment contracts and by providing timely internal information to those responsible.

We can support you with all these points using our knowledge and many years of experience.

With an intellectual property strategy, you define an internal procedure for determining which ideas are to be registered, at what cost, and in which countries. Furthermore, the procedure in the event of a conflict with a competitor is clarified, for example, whether one’s own rights must be enforced at all costs, or whether the granting of licences is also possible.