The introduction of changes is almost always accompanied by some resistance. What is new and unknown raises uncertainty and fears, so the implementation of change requires proper preparation.
Implementing innovation is a complex process. Often, the biggest barrier is the fear of the unknown. Identifying the key obstacles that may stand in the way of introducing change allows you to minimize the risk of failure, and thus avoid unnecessary stress.
Before implementing a solution, there are two key questions to be answered:
- Do I have the right resources (human, financial, technological)?
- Are there any legal restrictions that may hinder the implementation of the solution?
Relevant resources
Culture of innovation
Innovation within the organization requires the promotion of creative attitudes, encouraging experimentation and the development of employees’ competences. Managing a company (regardless of the scale of operations) in a way that encourages employees to engage in the creation of ideas and inventions, be open to change and provide them with development tools creates a culture of innovation that is to “open” minds and inspire creative action. Openness on the part of the company’s management to new ideas should be combined with a readiness to accept failures, because often the most effective solutions are developed by trial and error. A company aware of the importance of the role of intellectual property should also implement IP rights management regulations, presenting clear rules for accepting and protecting proposed innovations and remunerating creators for using these solutions.
Proper project management is a tool that supports creative activities. Project leaders should motivate the participants involved in the project to make creative efforts and look for non-obvious solutions. On the other hand, the developers of these solutions should expect project leaders to be responsible for coordinating processes and communicating between different departments of the organization, thus providing a friendly environment for creative work.
Financial background
An important component, without which it is difficult to develop and implement solutions, is the financial background. In innovative companies, expenditure on research and development accounts for a significant share of the company’s budget. Financial instruments and grants available on the market, as well as a system of incentives, e.g. IPbox, allowing for tax breaks for the implementation of inventions, provide opportunities for the development of innovation even to start-ups, whose own financial resources would not allow them to develop new ideas on their own.
Technology Resources
Many innovations require cooperation with other companies, research institutions or suppliers. In any cooperation with external entities, care should be taken to regulate the issue of rights to intellectual property created in the course of such cooperation and its protection.
At the stage of research and development works, the composition of the project team and the role that each of its members will play should be determined. It is also recommended to record the tasks performed as part of the project in terms of the creative contribution of each of the participants in the project. This will allow for the proper determination of the proportion of shares in an innovative project if it will be submitted for protection as, for example, an invention or a utility model.
In a situation where a subcontractor is engaged to carry out part of the work, information about the termination should be secured through NDA agreements before starting cooperation.
Legal constraints hindering the implementation of the solution
Implementing the solution on the market also requires legal preparation. Depending on the industry, placing a product on the market may require authorization (e.g. in the case of medicines) or certification (CE certificate). In addition to the above-mentioned restrictions, it should also be verified whether the introduction of our solution to the market may pose a risk of infringement of someone else’s exclusive rights.
If the implemented solution can be protected as an invention or utility model, it is recommended to perform a patent clearance test. This is an examination performed by a patent attorney who checks whether the scope of protection of someone else’s patents or protection rights for utility models may cause a collision with the features of the solution that the company intends to introduce to the market and expose it to the charge of infringement.
It is also worth debunking a certain myth that obtaining protection for one’s own invention protects the company against infringement of other patents. The issue of assessing patentability does not take into account the existence of previous exclusive rights that could be conflict-of-law solutions for the implemented solution and constitute the so-called derivative rights.
If such derivative rights are identified, it is possible to consider concluding license agreements or buying back rights to earlier inventions. Alternatively, you can also apply for the invalidation of the patent blocking your implementation.
Similar analyses can be carried out in relation to industrial designs or trademarks.
The consequences of violating someone else’s exclusive rights can be very severe, so it is recommended to be careful and wise before possible damage that could expose the company to financial losses and reputational damage.
Innovation is a process, not a one-off project
- The introduction of new solutions requires constant adaptation to the changing business environment, customer preferences and, finally, the legal environment. Bearing in mind that the protection status of exclusive rights is subject to changes, e.g. a patent has been granted or the right has been invalidated, the optimal recommended behaviour is to periodically evaluate restrictions related to IP exclusive rights.
Success factors
Eliminating barriers to the implementation of solutions requires proper preparation and assessment of risks occurring during research work and after implementation on the market. With regard to the area of intellectual property, actions are recommended including:
- Developing and implementing IP management regulations
- Concluding cooperation agreements with external entities, taking into account the protection of business secrets, confidentiality, rights to intellectual property created in the course of such cooperation and its protection
- Cyclical assessment of the risk of infringement of other people’s exclusive rights
Iwona Płodzich-Hennig
