The 20 Questions Framework for IP Fitness: Empowering Businesses to Thrive with IP
Dr. Benjamin DELSOL (PhD, LL.M)
Your Fractional Chief Intellectual Property Officer | Patent Attorney | Innovation & Business Advisor | Quantum Physicist | AI & Quantum Strategist | Neuroscientist | Certified Coach | Mentor | Keynote Speaker | Author
Dear Readers, Strategists and Game-Changers!
I hope you had a great weekend!
Today, I have written an article inspired by the 20 Questions framework of my brilliant colleague David Kalow , co-chairman with me and Priggya Arora , Alexandra P. , Dr. Dominique Christ and Sven Boon of the IP Strategy committee at I3PM International Institute for Intellectual Property Management . David has develop a powerful framework called the 20 Questions! And I am pleased today to write about this framework, thanks to David for this precious knowledge.
So let's ask questions!!!
?Riddle of the week: "I spark the mind and guide the way, I open doors where answers stay. I lead to insight, knowledge bright, Without me, there's no path in sight. What am I?" (the answer is in the conclusion section)??.
Have you ever wondered if your intellectual property strategy is really working for you? Whether you’re an innovative startup or an established company, you’ve probably heard the term "IP" thrown around. But how often do you pause and ask, “Is our IP really helping us build a sustainable competitive advantage?”
That’s what the 20 Questions Framework is here to help you with. It’s designed to transform how businesses view and manage their IP - from a cost center to a revenue-generating asset. Let’s dive into each of the 20 questions, providing explanations, insights, and practical actions that will help you use IP to fuel growth, mitigate risks, and attract investment. But first, let's talk about brain and questions!
The Power of Asking Questions: Unlocking Innovation and Strategic Thinking
Asking the right questions is one of the most powerful tools for strategic thinking, problem-solving, and innovation. Why are questions so effective? Because they trigger the brain’s natural curiosity and stimulate deeper thinking, leading to insights and solutions that would otherwise remain hidden. In the context of intellectual property management, asking key questions can reveal vulnerabilities, identify opportunities, and align business goals with innovation strategies. But to truly understand why asking questions is so important, we need to dive into how the brain works and the concept of "questionology."
How the Brain Works: The Science Behind Curiosity
Our brains are wired to seek answers. When we ask a question, we activate the brain's prefrontal cortex, which is responsible for reasoning, decision-making, and problem-solving. This region of the brain lights up as we search for answers, stimulating curiosity and engagement. By formulating questions, we trigger neural pathways that enhance critical thinking and encourage us to explore multiple solutions or approaches. This process not only deepens our understanding but also helps us make better decisions.
Asking questions also stimulates the brain’s reward system. When we find an answer to a question, the brain releases dopamine, a neurotransmitter associated with pleasure and motivation. This creates a positive feedback loop that encourages further questioning and exploration. In business, this is crucial. Questions force us to look at problems from new angles, challenge assumptions, and uncover fresh opportunities, especially when managing complex subjects like IP.
In short, asking the right questions activates the brain’s innate learning system, leading to better outcomes. When we stop asking questions, we stop learning. And in a rapidly changing, innovation-driven world, staying curious is critical to maintaining a competitive edge.
The Art of Questionology: The Science and Practice of Asking Questions
"Questionology" is the study and practice of asking the right questions to provoke thought, spark creativity, and solve problems. It’s an emerging field that examines how well-crafted questions can unlock deeper insights, improve decision-making, and encourage innovation. The concept revolves around the idea that the questions we ask determine the quality of the answers we receive. Better questions lead to better results.
In business and IP strategy, questionology plays a vital role. Asking thoughtful, probing questions forces organizations to challenge the status quo, identify risks, and explore new possibilities. For instance, asking, "What are the worst threats to the validity of our IP?" can shift a company's focus from merely acquiring patents to actively assessing and strengthening the ones they have. Similarly, asking, "What are the next-best alternatives in the market?" drives businesses to look beyond their immediate competitors and explore future innovations that could disrupt their offerings.
There are several types of questions that make questionology effective:
Questionology isn’t just about asking random questions - it’s about asking the right questions, tailored to specific problems and objectives. In the context of this article - the 20 Questions Framework for IP Fitness - it’s clear that each question is designed to not only gather information but also provoke strategic thought. These questions force decision-makers to evaluate their current standing, explore untapped opportunities, and align their IP strategy with the company's growth trajectory.
Why Questions Matter More Than Answers
The process of asking questions is more important than simply receiving answers. Why? Because questions open doors, while answers tend to close them. When you get an answer, the conversation often stops. But a well-crafted question can lead to further inquiry, encouraging deeper engagement and sparking a chain of new ideas. In this way, questions act as catalysts for discovery and innovation.
For instance, in IP management, simply asking, "Do we have patents?" is far less effective than asking, "How are we using our patents to create a sustainable competitive advantage?" The latter question forces a deeper analysis, leading to discussions about patent strategy, market positioning, and long-term goals. It’s not just about the quantity of IP you hold, but how effectively it is being used to drive business value.
In an organization, fostering a culture of inquiry can lead to breakthrough innovations. When employees at all levels are encouraged to ask questions - especially the difficult ones - they are more likely to uncover inefficiencies, spark new ideas, and solve complex problems. This is especially crucial in dynamic fields like technology and IP, where the landscape is always shifting, and staying ahead requires constant adaptation.
The Power of Questions in IP Strategy
In summary, asking the right questions is an essential part of strategic thinking, particularly in the world of IP management. By engaging the brain's natural curiosity and applying the principles of questionology, organizations can unlock deeper insights, innovate faster, and mitigate risks. The 20 Questions Framework is a structured way to implement questionology in the context of intellectual property, ensuring that businesses not only protect their innovations but also use IP as a powerful tool for growth and competitive advantage.
Remember, the goal is not just to find the answers, but to keep asking better and more profound questions. Because in today’s fast-paced business world, those who ask the right questions are the ones who find the best opportunities.
The Need for a Framework Like the 20 Questions for IP Fitness
In today’s fast-paced, innovation-driven economy, businesses are increasingly dependent on intellectual property to maintain competitive advantage. However, managing IP effectively is complex, particularly when it needs to serve both as a strategic asset and as a tool for risk mitigation. Without a structured approach, many companies fail to fully leverage their IP, or worse, they open themselves up to unnecessary legal and market risks.
This is where a framework like the 20 Questions for IP Fitness becomes invaluable. It provides a comprehensive, organized approach to evaluating and managing IP. As David says, think of it as a diagnostic tool - much like regular health check-ups - that helps identify where a company’s IP strategy is strong and where it might be vulnerable. Without such a framework, businesses might overlook critical aspects of IP management, such as Freedom-to-Operate risks, portfolio validity, or IP monetization opportunities.
The 20 Questions framework guides businesses and investors through the complexities of IP, ensuring that the IP strategy aligns with broader business goals and that it evolves as the market, technology, and regulations change. This systematic approach helps companies move beyond seeing IP as just a legal requirement or cost center and instead recognize it as a core asset that drives innovation, investment, and long-term growth.
Who Should Ask These Questions and to Whom?
The power of the 20 Questions framework lies in the fact that it can be used across various organizational levels and stakeholders. The questions should be asked by the Chief IP Officer (CIPO), the CEO, and other members of the executive leadership who are responsible for steering the company's strategy. However, these questions should not be confined to just the C-Suite. They should also be posed to and by various stakeholders inside and outside the organization:
Internal Leadership:
Investors and Venture Capitalists:
External Advisors:
Board Members:
Time to meet the 20 Questions...
1. What are you doing with your Trade Secrets, Trademarks, Patents, Copyrights, and Licensing for Attack and Defense?
Intellectual property serves two critical purposes - protecting your business and taking offensive actions against competitors. Attack refers to building a strong IP portfolio to prevent others from copying or encroaching on your innovations. Defense refers to protecting your company from being sued or attacked by others. Each type of IP - trade secrets, trademarks, patents, copyrights, and licensing - requires a tailored strategy.
2. What are the worst threats to the validity of your key IP?
The strength of your IP can be tested in court or during licensing negotiations. If your patents, trademarks, or copyrights are weak, invalid, or easily challenged, they won’t hold up when you need them most.
- Patents: Check for prior art or weak claims that competitors could challenge.
-Trademarks: Ensure they haven’t become generic or are being infringed upon.
-Copyrights: Verify originality, and that no parts of your work have been previously copyrighted. Engage third-party experts to challenge your IP in “mock” legal settings to see where weaknesses lie.
3. What are the worst non-infringement issues?
Even with a patent, there may be loopholes that allow competitors to copy your product or service without technically infringing on your IP. Non-infringement problems occur when competitors find creative ways to work around your patents, trademarks, or copyrights.
4. What are the worst Freedom-to-Operate (FTO) risks?
FTO risks arise when your product or service potentially infringes on someone else’s IP. FTO analyses identify patents that could block you from operating in your market. Without a clear FTO, your business is exposed to infringement suits.
5. What are the next-best alternatives in the market?
Competitors, universities, or other entities may be developing alternatives to your products or services. If you’re not monitoring these alternatives, you could be blindsided by a superior product that makes yours obsolete.
6. What are your future plans for R&D and product development?
Your R&D and product development roadmap should be tightly aligned with your IP strategy. Innovations developed without considering IP protection are vulnerable to copying or theft.
7. How does your IP budget compare to your overall spend?
How much you spend on IP protection relative to your overall budget can indicate how serious you are about protecting your assets. A healthy IP budget reflects a proactive stance toward securing competitive advantages.
8. What is your IP management team’s structure?
An effective IP strategy requires collaboration across business, technology, and legal teams. If your IP team lacks the necessary expertise or isn’t aligned with the overall business strategy, your IP may not be optimized.
9. How do you map your IP landscape internally and externally?
Mapping your IP landscape involves understanding both your internal assets and the external competitive environment. Internally, you need to know what IP you own and how it aligns with your business strategy. Externally, you need to know what competitors and innovators are doing.
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10. How do you brainstorm for the next generation of products or improvements?
Brainstorming new ideas is critical for staying competitive. However, not all ideas will yield valuable IP. You need a process for filtering the best ideas and protecting them with strong IP rights.
11. How are you protecting your IP (e.g., patents, trade secrets, trademarks, etc...)?
Filing for patents, trademarks, copyrights, and trade secret protections is just the beginning. Ongoing protection requires active management to ensure your IP remains valid and enforced.
12. How are you using your IP assets to add business value?
IP should contribute to your business’s bottom line. This could be through direct monetization (e.g., licensing, cross-licensing, sales), or through leveraging IP to attract investors, justify premium pricing, or secure strategic partnerships.
13. What is the validity and strength of your IP portfolio?
A strong portfolio isn’t measured by the number of patents or trademarks - it’s measured by their robustness. Your IP should withstand challenges in litigation, licensing negotiations, and competitive markets.
14. How are you leveraging your IP to build strategic partnerships and alliances?
Intellectual property is more than just protection - it’s a tool for creating strategic partnerships that drive growth and innovation. A strong IP portfolio can help you form alliances, access new markets, and enhance your competitive edge. Companies can leverage patents, trademarks, and trade secrets as bargaining chips in negotiations, building collaborations that fuel innovation and market expansion.
- Assess your IP portfolio to identify assets suitable for partnerships.
-Target complementary businesses to explore potential collaborations.
- Negotiate smart deals that protect core IP while maximizing value.
- Explore cross-licensing to share innovation benefits.
15. What alternatives might consumers prefer over your solutions in the future?
Consumer preferences can shift quickly, leaving your product or service obsolete. If you’re not watching the market and responding to trends, you could be caught off guard by new competitors or technologies.
16. What actions are you taking to mitigate IP risks?
IP risks include invalidity, infringement, and FTO problems. To safeguard your business, you need a proactive approach to risk management, rather than reacting to issues after they arise.
17. How do you prioritize your R&D efforts with respect to IP?
Not all innovations are worth protecting. You need a system to prioritize which ideas will have the most significant impact and are worthy of IP protection.
18. How does your IP support your sustainable competitive advantage?
IP should directly contribute to your long-term ability to maintain a competitive edge. Your patents, trademarks, and copyrights must differentiate your offerings from those of competitors in a way that’s hard to replicate.
19. How are you ensuring your IP portfolio aligns with future business strategies?
As your business evolves, your IP strategy should evolve with it. You can’t rely on past innovations to protect future products or markets.
20. How are you preparing for future IP challenges and opportunities?
The IP landscape is constantly changing, and so are your competitors, markets, and technologies. Preparing for future challenges means anticipating changes in IP law, market shifts, and technological advancements.
The Benefits of Using the 20 Questions Framework
The 20 Questions framework offers numerous benefits for companies, investors, and advisors alike. It transforms the way organizations think about and manage their intellectual property by introducing rigour, foresight, and strategy into the process. Here are the key benefits of using this framework:
Holistic IP Assessment:
Alignment of IP with Business Strategy:
Risk Mitigation:
Increased Investor Confidence:
Strategic Decision-Making:
Scalability:
Future-Proofing:
Efficient Resource Allocation:
Conclusion: Elevating IP Strategy to Drive Business Success
In the competitive and ever-evolving landscape of today's innovation-driven economy, a robust IP strategy is not just a legal necessity - it's a business imperative. The 20 Questions Framework for IP Fitness offers companies a clear and comprehensive approach to managing their intellectual property as a core asset, aligning it with broader business goals, and preparing for future challenges. By integrating this framework into your IP management processes, you ensure that your business is not only protecting its current innovations but also fueling long-term growth.
This framework isn’t just for IP professionals - it’s a powerful tool that should be used by CEOs, executives, investors, and teams across all functions to regularly assess, improve, and leverage IP as a competitive advantage. The structured approach provided by these 20 questions helps businesses avoid common pitfalls, from invalid patents to missed market opportunities, while ensuring that your IP budget, strategy, and resources are wisely allocated.
Ultimately, the 20 Questions Framework created by transforms the way companies think about IP, moving beyond protection and defense to proactive offensive, risk management, and value creation. Whether you're a startup preparing for investment, a growing business seeking to expand, or a mature company looking to maintain dominance, this framework will help you stay ahead of competitors, safeguard your innovations, and build a sustainable future.
Incorporating these questions into your regular strategic discussions will not only strengthen your IP portfolio but also create a culture of innovation, agility, and resilience - key ingredients for thriving in the modern business world. The companies that master their IP strategy will be the ones best positioned to capitalize on new opportunities, avoid costly risks, and build lasting competitive advantages. The future belongs to those who proactively manage their intellectual property - and the 20 Questions Framework is your guide.
?Riddle of the week - Answer: "I am a question"
Why should you choose DELSOL as your strategic IP partner and as your outsourced-fractional IP Manager/Head of IP/Chief Intellectual Property Officer (CIPO) & Strategist?
As we tread the path of strategic mastery and business, it's essential to recognize that this journey does not need to be navigated alone. In the vast and often intricate terrain of Intellectual Property and Deeptech-ization, having a steadfast guide can be the difference between getting lost in obscurity and reaching the pinnacle of success. Enter DELSOL (Disrupt, Evolve, Lead, and Strategize for Optimum Lift-off), the beacon of strategic IP Management, Business and Innovation founded by myself, Dr. Benjamin DELSOL.
As you know, I have created the concept of Deeptech-ization (see my dedicated articles here and here), I have created the IP-focused due diligence approach (see my dedicated articles here, here and here) that revolutionizes the way investors assess companies and CEOs manage them, and I have crafted the IP Tai Chi Approach, a balanced path to impactful and healthy IP management (see my dedicated article here). I am a European Patent Attorney armed with an LL.M in IP Law and Management as well as a PhD in Quantum Physics; I am the outsourced IP Manager for several international companies, I serve as the esteemed Head of IP at Quantum Strategy Institute and hold the influential position of co-chairman of the IP Strategy at I3PM International Institute for Intellectual Property Management.
My expertise is recognized globally as I am an International Partner and Switzerland co-Chairman of the World Business Angels Investment Forum (WBAF) and contribute to the WBAF Global Science, Technology and Innovation Committee. I am also member of LES France - Licensing Executives Society.
As IP Strategist & Manager, I bring a strategic edge and invaluable insights as a consultant for several international firms and Companies such as BCF, Yes My Patent, HAUTIER IP, HAUTIER IP - MONACO, Vernewell Group Inc. and AWA. My passion for innovation extends to my roles as a deep tech advisor at Tango - Les Deeptech, a dedicated startup mentor at QAI Ventures and MassChallenge, guiding the next generation of tech pioneers towards groundbreaking achievements, and an International Advisor for QInnovision.
Therefore, DELSOL is not just an IP Law Firm; it is a partner in your journey towards securing and leveraging your intellectual assets to their fullest potential. With a foundation deeply rooted in the principles of strategic foresight and innovation, DELSOL stands at the forefront of IP strategy, guiding businesses through the complexities of patenting, trademark registration, infringement mitigation, and IP monetization. Our comprehensive services are tailored to ensure that your innovations are not only protected but also positioned to thrive in the competitive market landscape.
Working with us means:
As we stand on the brink of a new era of innovation and competition, the importance of a solid, strategic approach to intellectual property has never been more critical. With DELSOL by your side, you're not just protecting your innovations; you're setting the stage for unparalleled success, transforming your visionary ideas into tangible assets that drive your business forward.
Ready to revolutionize your IP strategy and secure your place in the future of innovation? Reach out to me or DELSOL today, and let's chart the course to your strategic triumph. Together, we can transform the landscape of tomorrow, turning groundbreaking ideas into the foundations of a new world.
I wish you a Wonderful and Strategic week full of Actions & Successes!????????
Deep Tech Diplomacy I AI Ethics I Digital Strategist I Futurist I Quantum-Digital Twins-Blockchain I Web 4 I Innovation Ecosystems I UN G20 EU WEF I Precision Health Expert I Forbes I Board Advisor I Investor ISpeaker
1 个月Thank you for sharing and the kind mention Dr. Benjamin DELSOL (PhD, LL.M)
Founding Partner at B?sherz Goebel | Patent Attorney | AI&IP Committee Co-Chair I3PM | Protecting IP in a Digital World
1 个月Great article, Dr. Benjamin DELSOL (PhD, LL.M)
Médiatrice certifiée Chambre Suisse de Médiation Commerciale, consultant sénior négociation de groupe et stratégie des entreprises familiales
1 个月Very interesting Benjamin, the "Art of Questionology" is a major Issue to support any strategy, even in HR and Transmission, the framework is a very good holistic tool. Thank you for sharing.
Top 100 Thought Leader Thinkers360??Board Director??Transformation??Ethics??Technology ??Innovation??Governance Risk Compliance ??VR AR AI??Metaverse??LinkedIn Top Voice in VR (May-Aug 24)??Speaker
1 个月Thanks Dr. Benjamin DELSOL (PhD, LL.M) for the IP insights and the kind mention.
Your Fractional Chief Intellectual Property Officer | Patent Attorney | Innovation & Business Advisor | Quantum Physicist | AI & Quantum Strategist | Neuroscientist | Certified Coach | Mentor | Keynote Speaker | Author
1 个月Katya Guez