Here are some ways I predict the IP landscape will be impacted by the devastating impacts of COVID-19. You’ll notice I only listed eight below–I saved the ninth way for you. What is the other way you think IP will change?
- IP Litigation. Litigation inevitably increases after economic downturn. IP litigation will continue or increase as market scarcity increases and, consequently, competition for the same market segment rises.
- IP Strategy. Businesses that lack strategic direction will seek strategic counsel and insight. The top priorities of IP owners will be 1) make sure legal teams understand business strategy and objectives, and 2) find ways to qualitatively and quantitatively evaluate, implement, and report on alignment of IP Strategy with business strategy and objectives.
- Portfolio Adjustments. Corporate enterprise portfolios will shift geographies and ownership as corporations use the financial impact to justify shifts in portfolio management. Companies who have been waiting for a reason to execute inter-company assignment, licenses, or other arrangements will take a smaller financial hit now than when the economy was more stable.
- IP Offloading. Struggling businesses will offload IP assets. Businesses in a position to acquire new assets will be able to acquire rights at a discounted price.
- External Innovation. Many companies will look to outside innovators for new areas of technology and commercialization opportunities. Independent inventors, innovative design firms, and universities will look to fill the need of hungry (or desparate) corporate divisions.
- IP Monetization. Business will fail. Failing businesses that own IP will look for ways to monetize that IP–either for themselves or as part of the valuation they seek
- Innovation Cycles. The innovation cycle will stall and resurge. Companies with ongoing innovation will pause efforts on existing technology roadmaps to either wait for financial stability or adjust roadmaps to account for resultant market shifts. Some companies will resurge quickly for competitive advantage in high-demand areas, while others will ramp up more slowly as stability returns to their respective markets.
- Government Spending. In the United States, the spending on government-sponsored research will surge. This may be long-tail impact, more than some of the others, due to governmental cycles. Companies that excel in seeking and obtaining government funding will be poised to help influence the direction of this increase funding.
- ??
Jeff Holman draws from a broad background that spans law, engineering, and business. He is driven to deploy strategic business initiatives that create enterprise value and establish operational efficiencies. Mr. Holman earned his Bachelor of Science in Electrical Engineering and Juris Doctor (JD) from the University of Utah and a Master in Business Administration (MBA) from Brigham Young University. He has practiced patent and intellectual property law in Silicon Valley, built and managed a law firm focused on IP transactions, helped “Shark Tank” inventors with legal and business strategy, and served as general counsel for the leading innovator for consumer electronics waterproofing technology–where he managed engagements with two Fortune 10 customers, provided key legal oversight related to $170 million in equity and debt funding, and oversees global IP strategy. Additionally, Mr. Holman is working with a development team at Intellectual Strategies to launch the first SAAS platform dedicated to IP strategy.