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Flevy Management Insights Q&A
What strategies can R&D use to benefit from Open Innovation while protecting intellectual property?


This article provides a detailed response to: What strategies can R&D use to benefit from Open Innovation while protecting intellectual property? For a comprehensive understanding of R&D, we also include relevant case studies for further reading and links to R&D best practice resources.

TLDR Organizations can leverage Open Innovation through Strategic IP Management, engaging in Open Innovation Platforms and Ecosystems, and proactive Technology Scouting and IP Acquisition, ensuring IP protection while driving innovation.

Reading time: 4 minutes


Open Innovation (OI) is a paradigm that assumes organizations can and should use external ideas as well as internal ideas, and internal and external paths to market, as they look to advance their technology. While OI offers immense opportunities for accelerating innovation, enhancing product development, and entering new markets, it also presents challenges in protecting intellectual property (IP). Organizations must navigate these waters carefully to leverage the benefits of OI without compromising their competitive advantage.

Strategic IP Management

Effective IP management is crucial for organizations engaging in Open Innovation. This involves the strategic filing of patents, not only to protect innovations but also to create a portfolio that can be used in cross-licensing agreements with other companies. According to McKinsey, strategic IP management enables organizations to use their IP to negotiate positions in OI partnerships, securing a flow of external innovations while protecting and capitalizing on their own inventions. Organizations should conduct regular IP audits to identify and evaluate the IP assets that can be leveraged in OI initiatives. Additionally, developing a clear IP strategy that aligns with the organization's overall innovation and business strategies is essential. This strategy should address how IP will be protected, shared, and monetized in collaborative environments.

One real-world example of strategic IP management in the context of OI is IBM. IBM has consistently been at the top of the list of companies with the most U.S. patents granted annually. This robust IP portfolio has not only safeguarded IBM’s innovations but also provided the company with valuable assets that can be used in cross-licensing agreements, collaborations, and joint ventures, thereby facilitating its engagement in OI while protecting its interests.

Moreover, organizations can use non-disclosure agreements (NDAs) and joint development agreements (JDAs) to protect IP when entering into partnerships. These legal instruments can define the scope of the collaboration, ownership of newly developed IP, and how shared IP will be handled. This approach requires careful negotiation to ensure that the agreements support both the protection of existing IP and the generation of new IP through collaboration.

Explore related management topics: Open Innovation Joint Venture

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Open Innovation Platforms and Ecosystems

Participating in or creating open innovation platforms and ecosystems can offer a structured way to engage with external partners while managing IP risks. Platforms such as Innocentive or Kaggle enable organizations to crowdsource solutions to specific problems without necessarily disclosing sensitive IP. According to Accenture, these platforms can act as intermediaries that manage the flow of ideas and IP between organizations and external innovators, ensuring that IP is protected while fostering innovation. Organizations can post challenges or technology needs without revealing proprietary information, and solutions can be vetted through the platform before any IP-sharing agreements are made.

Another approach is to participate in or establish innovation ecosystems that include universities, research institutions, startups, and other companies. These ecosystems can facilitate the sharing of knowledge and resources in a controlled environment. For example, Siemens’ TechnoWeb is an internal platform that connects over 40,000 employees for the purpose of sharing technical knowledge and expertise, fostering an internal ecosystem of innovation while managing IP internally.

It is important for organizations to define clear rules of engagement for participation in these ecosystems, including IP rights, to ensure that contributions and benefits are equitable and that IP is adequately protected. Establishing a governance structure for the ecosystem can help manage these aspects effectively.

Technology Scouting and IP Acquisition

Technology scouting involves actively seeking out new technologies, products, and processes outside the organization that can complement or enhance the organization's innovation efforts. This can be an effective way to accelerate innovation through OI while managing IP risks. By identifying and acquiring IP rights to external innovations, organizations can protect these innovations within their own IP portfolio. PwC highlights the importance of technology scouting in identifying emerging technologies and potential partners for collaboration, allowing organizations to stay ahead of the curve in their innovation efforts.

Acquiring IP can also provide organizations with a competitive edge by ensuring exclusive rights to use and further develop the technology. This requires a proactive approach to identifying potential IP acquisition targets, conducting due diligence to assess the value and risks associated with the IP, and negotiating acquisition terms that align with the organization’s strategic goals.

In conclusion, while Open Innovation presents challenges in protecting intellectual property, strategic IP management, participation in open innovation platforms and ecosystems, and technology scouting and IP acquisition are effective strategies that organizations can employ. By carefully navigating these strategies, organizations can harness the power of OI to drive innovation and growth while safeguarding their intellectual property.

Explore related management topics: Due Diligence

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Source: Executive Q&A: R&D Questions, Flevy Management Insights, 2024


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