Defending your intellectual property (IP) in research and development (R&D) can be daunting, but with the right strategies, you can protect your work. To shield your innovation:
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Understand IPR & know what all needs to be protected. Consult IP lawyer.
Considering every innovation as “challengeable”, build the requirements in the innovation design through all stages. Assure NDAs, agreements drafted with acuity, documentation of all stages with traceability. Secure trademarks, patents, copyrights as soon as possible in the innovation process.
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We need to defend IP ownership by:
Collecting project documents, contracts, and contributor details.
Verifying the claimant’s role and their contribution to IP creation.
Analyzing contracts, prior art, and related patents.
Challenging ownership claims and asserting prior art.
Pursuing negotiation, mediation, or litigation if needed.
Proactively:
Update and reinforce IP policies.
Conduct regular IP audits.
Educate employees on IP rights and responsibilities.
File provisional patents early.
Maintain transparent communication, engage legal counsel, and ensure a unified narrative throughout the process
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Defending your intellectual property (IP) in R&D is crucial for safeguarding your innovation. Imagine pouring countless hours into a groundbreaking project, only to face a claim of ownership. Here's how to stand your ground: First, document everything meticulously —from ideation to development, ensure every step is well-recorded. This not only establishes a timeline but also proves originality. Second, familiarize yourself with patents & trademarks —know which protections apply to your work & act swiftly to secure them. Third, seek legal counsel early —an IP lawyer can provide clarity on your rights & help build a robust defense. IP protection isn't just about legal battles; it's about respecting the boundaries of creativity and innovation.
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Any project, once the deliverables have been agreed on, should have the relevant IP landscape mapped, and than the R&D team in discussion with the IP lawyers should set the development strategy to 1) stay clear of potential infringement and 2) to work on a solution that potentially can be patented.
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During my 56 years working at Goodyear I became very involved in developing IP for Goodyear, producing 324 US patents and many international patents. Being able to work on many new and exciting projects and often selecting the scientific approach, I was able to easily identify what might be patentable working closely with the patent department and spending many hours reading patents that might be similar to what ideas I was working on. I also had the opportunity to write some patents on my own and then work with the patent department to have them filed. I also worked closely with the patent department to develop a response strategy to examiner rejections. I also made sure that anyone involved in the process was included as an inventor.