What are the best practices for managing intellectual property rights in open innovation projects?

In my experience in practice FOCUS, TRUST, PRIORITY, and OWNERSHIP are the four biggest challenges in open innovation. 1. A lack of FOCUS due to a vague goal. Be sure to make a concrete innovation assignment. 2. To TRUST that everyone, and not only you, share their most valuable insights and ideas. 3. To be sure that everyone one in the ecosystem PRIORITISES your common innovation initiatives as much as you do, to prevent that you are the only one who does the work 🫣🤣. 4. To have agreed on the (split of the) OWNERSHIP of the new concept jointly being developed, otherwise you might meet your partners in court sooner or later battling over the ipr. Handle these four challenges with your partners upfront. Lots of success, Gijs

O primeiro passo em um projeto de inovação aberta, especialmente em P&D, é definir os objetivos e o escopo. É importante decidir se você prioriza a rapidez, mesmo que isso signifique compartilhar a propriedade intelectual ao final, ou se prefere seguir um caminho mais longo, na esperança de colher todos os benefícios - assumindo que um concorrente não chegue lá antes. Ao definir objetivos claros, você alinha com todos os stakeholders e concentra os esforços nos resultados, prevenindo grandes problemas futuros.

IP rights in Open Innovation? Be clear of the fundamentals: - Open Innovation is the middle path between R&D and M&A - Identify various stakeholders: There are innovators, enablers, users, and investors. Functions of stakeholders In the case of corporate startup innovation, the startups are the innovators, the corporates are the users, the intermediary (usually a startup business accelerator) may be the enablers, and angel investors or venture capital firms are the investors. Startups may use the data set and test their product with the corporates, but they are innovators and must own the IP. They can license it to a large corporation, or the corporation can buy the startup.

Defining goals and scope is foundational for any open innovation project. By establishing clear objectives and understanding the desired outcomes, you set a strong framework for effective collaboration. This clarity helps with all the other things that we will talk about later in this article.

To effectively manage intellectual property rights (IPR) in open innovation projects, establish clear ownership and licensing terms, use appropriate legal agreements like NDAs and IP assignment agreements, and conduct thorough due diligence on partners. Maintain confidentiality, foster a collaborative IPR management approach, and set up dispute resolution mechanisms. Track and monitor IPR usage, invest in training and awareness, leverage open-source licenses when appropriate, and plan for IPR in exit strategies.

Clearly outline the objectives and boundaries of your open innovation project. Understanding what you aim to achieve and the scope of your collaboration sets a solid foundation for managing IPR.

Before starting any open innovation project, clearly define the goals, scope, and boundaries of the project. Understanding what each party wants to achieve and what they bring to the table helps in setting clear expectations and avoids conflicts over IPR.

In any open innovation project, it's crucial to start by clearly defining your goals and the scope of what you plan to achieve. By doing this, you set the stage for a successful collaboration where everyone knows what’s on the table, especially regarding intellectual property. This clarity helps prevent potential conflicts and ensures everyone is on the same page from the beginning.

Many times the open innovation partnership will consist of a commercial entity with access to markets and a technology enabler. In this situation, the right win-win partnership arrangement may depend on how much risk each side wants to take. For example, if the technology enabler is risk adverse, they could simply charge the commercial entity for time and materials used to apply their know how to help develop the product (with a profit factored in) and give 100% IP ownership to the commercial entity on jointly developed solutions. Alternatively, the technology enabler could offer their services and technical know how for below-market rates in exchange for jointly developed IP being split between the parties, for example by field of use.

Escolher os parceiros certos é uma das mais difíceis atividades, especialmente quando o assunto é P&D. Tanto do lado da corporação quanto da startup, existem mecanismos para proteção da propriedade intelectual. Enquanto para as empresas é ideal desenvolver um business case do novo projeto, para as startups (ou fornecedores especializados) existem contratos, como o de joint development, que asseguram seus direitos.

Ensuring partners align with your vision and values, and bring complementary strengths, fosters a productive collaboration. Clear agreements on roles, responsibilities, and IPR management establish a foundation of trust and transparency, preventing conflicts and ensuring mutual benefit. This strategic partner selection and agreement formulation is key to driving innovation forward

Establishing clear objectives and ambitions at the outset of any open innovation project is essential for aligning the interests and expectations of all partners involved. Effective intellectual property (IP) management starts with choosing partners who share a common vision and possess complementary skills and resources. It's crucial to create a foundation of trust and transparency, avoiding conflicts of interest or competition, by negotiating comprehensive agreements that detail each partner's roles, responsibilities, and benefits, as well as the ownership, protection, and exploitation of any IP generated or exchanged.

Select partners who share your vision and values. Establish clear agreements that define the ownership, usage, and protection of intellectual property. This ensures all parties are on the same page from the start.

Select partners who share a compatible vision for innovation and have a track record of respecting IPR. Negotiate and draft agreements that specify ownership, usage rights, and the distribution of any potential revenues or benefits from the innovations created.

Selecting the right partners is just as important as the project itself. Look for collaborators who share your values and have a proven track record in managing intellectual property responsibly. Once you’ve found the right fit, make sure to put clear agreements in place.

One practical aspect often overlooked in managing IPR within open innovation projects is the importance of a transparent and adaptable IP strategy from the outset. Both parties should agree on clear terms regarding ownership, usage rights, and revenue sharing for jointly developed IP. Establishing a robust framework that outlines how IP will be handled can prevent potential conflicts and foster a more collaborative environment. Moreover, regular audits and updates to the IP agreements can accommodate the evolving nature of the innovation, ensuring that both partners continue to benefit fairly as the project progresses.

O momento de gerir os direitos de propriedade intelectual pode surpreender os especialistas técnicos do projeto. Essa atividade consiste muito mais em gestão do que qualquer competência técnica industrial. Ter uma governança eficaz do projeto, com papéis e responsabilidades, ferramenta de suporte e rotinas, por exemplo, garante que todas as inovações sejam acompanhadas e devidamente registradas, protegidas e aproveitadas de acordo com a estratégia acordada.

É importante que essa gestão aconteça durante o processo, e não apenas ao final com o produto pronto. Uma forma de gerir a propriedade intelectual durante o processo de inovação aberta é manter uma ferramenta "viva" e atualizada sobre o desenvolvimento do escopo e participação de cada parte nos resultados do processo. Um Project Chart, por exemplo, com checkpoints trimestrais sobre as metas, desenvolvimento do produto e conversão de direito (cotas, propriedade, receita, por exemplo) ajuda a manter a gestão atualizada da propriedade do projeto antes do término do mesmo.

As mentioned before, trust is the key, and you manage everything you do. Sometimes, you can do this process without exposing your IP. it is a matter of managing the process. If you do so, make sure you are doing it with the right agreement.

Effective management of intellectual property rights (IPR) in open innovation projects requires a strategic and well-documented approach. Keeping detailed records of all IPR activities, including inventions, patents, licenses, and publications, is essential for maintaining clarity and ownership. Evaluating the impact and value of these assets allows organizations to make informed decisions about their utilization, whether through open source, defensive publications, or joint ventures. Regularly reviewing and updating IPR strategies ensures they align with the evolving nature of the project and market conditions.

Develop a robust process for managing IPR throughout the project. This includes monitoring the creation, usage, and protection of intellectual property, and ensuring compliance with agreements.

Establish a systematic process for managing intellectual property, from the initial ideation stage through to development and commercialization. Regularly review and document the contributions of each partner, and ensure that any IP created is properly recorded and protected.

Managing intellectual property isn’t a one-and-done task—it’s something you need to stay on top of throughout the project. This includes everything from monitoring the creation of new IP to ensuring all rights are protected as the project progresses.

Clear agreements on IP ownership, the use of existing IP, and protection measures like patents and confidentiality are essential. It is crucial to adopt periodic IP audits and flexible contract models that encourage co-creation and allow adjustments as the project evolves. Conflict resolution procedures, ongoing training, and specialized consultancy ensure alignment on IP rules. An exit strategy with dissolution agreements guarantees proper use of IP after the project, supporting ongoing collaboration and innovation.

Assim como qualquer processo, a melhoria contínua na gestão de propriedade intelectual mantém a competitividade. Vejo que um dos maiores erros que acometem os projetos de P&D é o gestor esperar que o produto esteja em um estágio super avançado, quase pronto para comercialização, para solicitar feedback do cliente ou do usuário final. Construir o projeto ao lado dos clientes é essencial para prevenir o que acredito ser o maior fracasso possível para P&D.

ALWAYS! In everything you do, you have to learn and improve—regardless of the result. We are tuned to learn from mistakes, but we need to do so also in successes. What did I do well to get to this outcome, and how can I do it better? This is true for open innovation as it is for everything else.

After the project wraps up, take the time to reflect on how things went—especially in terms of intellectual property management. What worked well? What didn’t? Use these insights to refine your approach for future collaborations. Continuous learning and adaptation will help you manage IP more effectively in future projects.

After the project, review the IPR process and outcomes to learn what worked well and what could be improved. Use these insights to refine your IPR management strategies in future projects.

Trust your partners and work with the ones you trust. it would be the best way to make sure you are protected regardless of legal documents and agreements. build healthy relationships and this will protect you

Stay informed about the latest trends and legal requirements in IPR. Adapt your strategies to meet the evolving needs of your projects and partners. #Adaptability #IPRTrends

There are always additional factors to keep in mind, such as the legal landscape in different regions and industries. Understanding these nuances is key to protecting your IP while still fostering a collaborative environment. Stay informed and be prepared to navigate these challenges to keep your innovation efforts on track.