5 common mistakes in IP

5 common mistakes in IP

Your IP is too important not to be done properly, so what common mistakes are made when it comes to intellectual property?


  1. Having no IP Budget

An appropriate IP budget is the goal for any business, so did you know…

  • IP spend can be a top 5 spend for small companies
  • Hiding IP spend in Legal or R&D budgets leads to conflicts
  • IP spend can and should be budgeted
  • Having an IP budget is the first step to managing costs effectively


  1. Not aligning IP and Business

Have you considered reviewing your IP and identifying where intellectual property rights add value now and in the future?  

Intellectual Property Rights (IPRs) such as patents, trade marks, registered designs and trade secrets are business tools to support business strategy. Aligning IP with your business strategy and focusing on the most appropriate IPRs can help benefit the business in the short and long term by managing IP spend. It can also help in prioritising what is most important against the ‘nice to haves’.


  1. Inappropriate spending on IP

Many businesses are guilty of inappropriate spending on IP; this is often a result of having no IP budget in place or not aligning the IP with the business strategy. Have you considered the following?

  • Is your business spending on the wrong type of IP?
  • Is your business spending too little or too much on IP?
  • Is your business effectively managing increases in spending as much as decreases?
  • Is your business maintaining IP that no longer contributes any value to the business?


  1. Having the wrong Advisers

Having the wrong advisers in place to support you and your business can often lead to your IP not being protected properly - so what key things should be considered when selecting or reviewing advisers?

  • Your advisers should understand the business objectives and align the IP appropriately
  • Your advisers should be selected on quality and technical expertise rather than purely on location and cost alone
  • Your advisers should be able to easily explain how they add value to your business


  1. Having no Management Responsibility

Often in businesses, IP is not managed within a clearly defined IP role, but considered as something extra in day to day workloads, an add on if you like. Even when there are roles such as IP managers in businesses, they are often not one of the main business managers. It is important to have a clearly defined management responsibility for IP at top level as this will not only make managing IP in your business more cost effective, but also allow you to make IP savvy decisions when it comes to assessing the IP value in your business. Are there any changes you need to make in your business?



Related News


Coronavirus - UK IPO, EPO and EU IPO extensions and support

A simple overview of the current status from IPOs. Last updated 16th March 2020. 

EPO announces extensions to deadlines due to COVID-19

EPO announces extensions to deadlines due to COVID-19

On Sunday 15 March 2020 the EPO published a notice advising it is invoking the provisions of Rule 134(2) EPC, and has extended all periods expiring on or after publication of the notice to 17 April 2020. This may be extended by the EPO upon publication of a further notice.

EUIPO extends all deadlines for Community Design and European Union Trade Marks

EUIPO extends all deadlines for Community Design and European Union Trade Marks

The Executive Director of the EUIPO has today (16 March 2020) issued a decision regarding extensions for all time limits on trade mark and design matters at the EUIPO. In accordance with the decision, all time limits expiring between 9 March 2020 and 30 April 2020 inclusive are extended until 1 May 2020.


UK IPO announces support for those affected by coronavirus

In brief, the UK IPO has indicated that it will use its discretionary powers (on a case-by-case basis) to extend time limits where possible under national and international law.

*Update* “EPO Board of Appeal finds Broad Institute’s CRISPR patent to lack valid priority claim and upholds revocation of patent (T 0844/18)”

*Update* “EPO Board of Appeal finds Broad Institute’s CRISPR patent to lack valid priority claim and upholds revocation of patent (T 0844/18)”

Earlier this year, we reported on the EPO Board of Appeal’s decision to uphold the revocation of the Broad Institute’s CRISPR patent (here). Now it appears that the Broad Institute is gearing up to put forward a petition for review by the Enlarged Board of Appeal as a last resort to save their patent.


The UPC is dead, long live the UPC!

European patent attorneys have been getting excited about the Unitary Patent (UP) and Unified Patent Court (UPC) for years, writing articles, and giving talks and presentations about the ins-and-outs and twists-and-turns of the whole thing. So what is the current situation? What has happened now?


EPO official fees to increase on 1 April 2020

The EPO adjusts its fees every two years. The EPO has now announced the next set of fee adjustments, which will come into effect on 1 April 2020. Full details of the fee increases are listed here and here. Overall, the EPO has implemented a general inflation-based 4% increase in official fees.

aipex logo aipex logo aipex logo