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IPPro Patents Issue 049

In this issue: Andrei Iancu confirmed as USPTO director

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Innovation Analysis<br />

including an enhanced attorney-client relationship and satisfaction<br />

that comes from helping a client’s business grow in value.<br />

Invention and innovation are key drivers of client value<br />

Technology-based client businesses operate in highly<br />

competitive, knowledge-driven environments that are constantly<br />

changing and evolving.<br />

Accordingly, these clients must continually innovate to deliver<br />

valuable new solutions to meet customers’ evolving needs and to<br />

remain differentiated from competitors.<br />

Tech-based clients, therefore, must strive for a relatively continuous<br />

and vibrant flow of new ideas focused on serving strategic goals<br />

to not only maintain the current competitive position, but also to<br />

strategically grow revenue in new ways.<br />

Problems often go unsolved, solutions are not properly focused on<br />

the problem, solutions are not the best solution, the raw number<br />

of ideas generated by the organisation is suboptimal. For example,<br />

many organisations use brainstorming sessions to discover answers<br />

to questions that, unfortunately but predictably, continue to remain<br />

largely unanswered post-session.<br />

Most of these brainstorming sessions are uncontrolled, producing<br />

a large number of off-topic or non-feasible results, and are further<br />

contaminated by various inventive model elements that are<br />

counterproductive, thus producing suboptimal results.<br />

A purposeful innovation session can help patent counsel<br />

address some of the problems with clients’ innovation systems.<br />

The session may be executed, with patent counsel preparation<br />

and facilitation, with minimal expense, time commitment and<br />

disruption to the organisation.<br />

All tech-based businesses understand this, and many of those<br />

businesses strive for a culture of innovation, but an unfortunately<br />

large number fail to reach full innovative potential.<br />

Some of the key reasons for these innovation shortcomings include:<br />

Our experience facilitating numerous sessions is that they<br />

consistently provide both immediate and long-term value measured<br />

by: specific focus targeting; near- to mid-term commercial potential;<br />

the sheer volume of ideas generated; and training in an optimised<br />

innovation process.<br />

A general deficit of organisational knowledge of optimal<br />

inventive processes.<br />

Innovation is neither intentional nor purposeful, with invention<br />

instead occurring primarily on an ad hoc basis, with<br />

innovation becoming lost in the chaos of pressing day-to-day<br />

job responsibilities.<br />

Invention and innovation is generally expected only of technical<br />

personnel with little to no input sought from non-technical<br />

personnel, many of whom are customer-facing and may<br />

understand customer wants and needs much better than<br />

technical personnel, in some cases.<br />

A resulting inability to fully unlock and realise the full inventive<br />

potential of inventors and to effectively create a culture of<br />

creativity and innovation throughout the organisation to ensure<br />

a continuous stream of fresh ideas with maximum volume and<br />

optimised focus.<br />

How can patent counsel help correct these deficiencies? The answer<br />

is not as difficult, disruptive or time-intensive as it may seem, and<br />

patent counsel plays a leading role in the solution.<br />

The role of patent counsel as innovation stimulator<br />

Sessions executed over the years consistently produce a large<br />

volume of ideas in a very short timeframe, ranging between 50<br />

concepts to 200 concepts in a typical four to six-hour session.<br />

The following are examples from an actual session:<br />

The session was executed to improve a relatively old ‘known’<br />

portion of a medical device system. Because of the age of the<br />

related art, and the absence of new concepts, the client was<br />

pessimistic that anything of value would be produced, but<br />

nonetheless agreed to do the session.<br />

The session produced 75 potentially patentable concepts,<br />

impressive enough for a subsystem considered ‘old’. But more<br />

significantly, and of much more value to the client, 25 of the<br />

concepts were commercialisable in the short term, while 25 more<br />

concepts were commercialisable in the medium term.<br />

The client now engages in regular sessions covering various<br />

aspects of the overall system as well as exploration of new<br />

strategic directions.<br />

A successful purposeful innovation session comprises, among other<br />

things, the following key characteristics:<br />

First, the client should be introduced to the potential power of<br />

purposefully focusing on new idea generation to solve existing issues,<br />

meet customer needs, and/or explore new strategic areas.<br />

While this may sound like what the client currently expects and<br />

requires from the inventors, the actual result is almost always less<br />

than optimal.<br />

Patent counsel provides an overview of the shortcomings of the<br />

current inventive model and why it does not produce optimal<br />

results. Discussion of elements of an optimal inventive model is<br />

included with supporting research summary.<br />

Participant-inventors receive both classroom-style and<br />

experiential training that can be incorporated into daily routines,<br />

increasing invention frequency and capture.<br />

13 <strong>IPPro</strong> <strong>Patents</strong> www.ippropatents.com

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