How to Conduct an IP Review to Align With Business Goals
The 5 Steps of an IP Review

How to Conduct an IP Review to Align With Business Goals

When scaling your start-up or SME, intellectual property (IP) isn't front of mind compared to immediate operational concerns. However, without a clear understanding of your IP assets and how they support your business objectives, you could be leaving significant value untapped or exposed.

In my career, I’ve been privileged to work with businesses in manufacturing and emerging tech that were on the cusp of growth but lacked a coherent IP strategy. A common challenge of these businesses is the escalating IP costs. Prosecution fees, renewal fees, and maintenance. These costs often become an anchor that hinders or even destroys their business. This article will walk you through the essentials of conducting an IP review that doesn’t just lists your assets, but aligns them with your long-term business goals while managing costs effectively.

What is an IP Review and Why is it Essential?

An IP review is a systematic evaluation of your IP assets. These include patents, trade marks, industrial designs, copyright, trade secrets, and know-how. It goes beyond compliance and legal protection to answer two key questions:

  1. Are your IP assets working to support your strategic goals?
  2. Are there any gaps, risks, or unnecessary costs in your IP portfolio that could hinder growth?

For start-ups and SMEs, an IP review isn’t just about recording your assets. Its about ensuring that your IP is a competitive advantage, and not a financial burden.

Steps to Conducting an Effective IP Review

1. Clarify your Business Goals

Before thinking about IP specifics, it is important to first clearly understand your shot and long-term business goals. Are you aiming to expand internationally? Enter a new market? Build strategic partnerships? Your business goals will shape the focus of your review.

Example: A manufacturing start-up with a business goal to license its tech globally will prioritise patent protection and freedom-to-operate analysis.

2. Identify and List Your IP Assets

Taken inventory of your existing IP, including:

  • Registered IP: Patents, trade marks, and industrial designs.
  • Unregistered IP: Trade secrets, know-how, and domain names.
  • Hidden IP: Processes, algorithms, and branding elements that are current unprotected but hold significant value.

3. Assess Alignment with Business Objectives

Evaluate how each asset adds to your business goals. Ask:

  • Does this IP provide a competitive edge?
  • Is it secured in key markets?
  • Are there opportunities for licensing or collaboration?

4. Identify Risks, Gaps, and Cost Drains

Look for potential vulnerabilities and financial inefficiencies:

  • Ownership issues: Are all IP rights owned by your business?
  • Geographical coverage: Do your IP assets cover markets important to you?
  • Infringement risks: Are you potentially at risk to infringe on others’ IP?
  • Cost concerns: Are you maintaining IP that doesn’t align with your business goals? Could some IP Assets be cut or monetised?

5. Develop a Roadmap

Based on the findings, create a roadmap that highlights:

  • Which IP assets to prioritise for protection or monetisation.
  • Strategies for addressing risk (e.g. registering trade marks in essential markets).
  • Cost management measure, such as focusing on high-impact assets and considering alternatives like trade secrets for less critical IP.
  • Opportunities to align your IP portfolio with future business growth.

Case Study: Netflix’s Strategic Use of IP

Netflix is well known as an online streaming giant. However, Netflix’s growth story is also a masterclass in IP management. Early in its journey, Netflix faced challenges with competitors copying its algorithms for personalised recommendations. Instead of spreading itself thing with blanket IP coverage, it focused on strategically protecting its key proprietary algorithms while simultaneously securing trade marks and copyright for its brand identify and original content.

By prioritising high-impact IP assets that aligned with its goal of dominating the online streaming space, Netflix fortified its competitive edge while reducing unnecessary costs. This strategy enabled it to expand globally, strike licensing deals, and build a war chest of original content, all underpinned by a well-managed IP portfolio.

Why This Matters

Many businesses approach IP reviews as a legal or compliance exercise. I take a different approach. I see IP as a foundation of your business strategy. It is a multitool that creates value, secures partnerships, and helps you to scale sustainably. A review isn’t just a checklist. It is a critical step in aligning your intellectual assets with the future of your business while ensuring that costs don’t become a burden.

If escalating IP costs or strategic misalignment has been holding you back, it is a great time to rethink your approach. Let’s work together to transform your IP into a growth enabler rather than an anchor.

#Innovation #IntellectualProperty #StartUps #SMEs #BusinessGrowth

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