Open Innovation and IPR: Where Are The Good Sources On This?

Intellectual Property Rights (IPR) is an important element of open innovation. As I am not a lawyer, I try to identify the best resources on this topic which is not always an easy task.

Jackie Hutter, who is a former corporate lawyer and one of my key sources on the topic has just written a long blog post titled: Success in Innovation Requires IP Counseling on the Front End: Here’s How to Make it Happen.

In her blog post, she wonders what innovation leaders should do, if innovation teams need IP lawyers involved in their projects, but IP lawyers generally do not operate well in their space.

It is a good question to which she also offers some suggestions. They are:

• Ensure that your organization allows business leaders to make the ultimate call regarding innovation pathways. If lawyers can kill early stage programs because of uncertain risk profile, then innovation will probably never get done. In this case, it is better to keep in-house lawyers shielded for as long as possible from the innovation process.

• Align lawyer incentives in your organization with innovation process, not risk mitigation and cost control, at least for those who work with innovators. If your lawyers do not get in trouble if they did not absolutely mitigate risk but, rather, managed and communicated risk to their business teams, lawyers will more readily accept the role of placing guardrails for business, as opposed to being traffic cops.

• Realize that not all lawyers will operate well in the innovation space. Your organization may have to hire someone from outside who possesses the primary desire to be a business counsellor, instead of being a rule-maker for the company.

• Recognize that the most forward-thinking businesses now put business-focused lawyers on their business and innovation teams. Some companies have even established new roles of “Chief IP Officers” (”CIPOs”) that report directly into the business.

These steps do not mean that your organization will be able to reduce your budget for lawyers in your law department, as you will now probably need additional headcount for lawyers where you previously had one. However, your organization will be better able to obtain critical advice on the front end of the innovation process that can improve your overall returns on innovation investment and help reduce costly litigation issues.

If you as I like the thinking of Jackie Hutter, you should also read this interview with her by Braden Kelley: Intellectual Assets For Innovation

Do you know other good sources on IPR and open innovation? Please share with us.