Patent Information Should Form a Substantial Aspect of Your Company's Open Innovation Programs

Open Innovation is unquestionably becoming a "hot"And, another company's cast-off products or
area of focus for many U.S. companies, especially intechnology are not necessarily "junk." To the
the current economic climate in which businesses arecontrary, patented products or technology could
more than ever focused on smarter ways of doinghave been discarded for a number of reasons such
business. And, why wouldn't Open Innovation be anas:
intriguing business model when companies can fill their- The patentee's strategy changed, thus meaning the
product and technology pipelines for significantlyproducts or technology were no longer of business
lower cost and with more variability of ideas thanrelevance
typically is possible from their own R&D- The patented products or technology were a
infrastructures? As a result, more and more businessnon-core aspect of an acquisition and, although
leaders are today viewing Open Innovation as avaluable to the acquired company, are no longer
necessary direction in which to move their company'srelevant to the new corporate owner
innovation efforts.- The patented products or technology were "ahead
A fundamental premise of Open Innovation is thatof their time" and not appropriate for market
good ideas can come from anywhere, even when aintroduction at the time the patentee developed
company operates in a very specialized core business.them
Moreover, innovations that come from outside of- The patentee is using one aspect of the patented
one's core business, such as in packaging orsubject matter, but the products or technology have
transportation, are better left to those who specializerelevance outside of the patentee's market and could
in those areas. Perhaps more controversial is thebe licensed in an adjacent market
assertion that by relying only on the ideas generatedMoreover, patented innovations are by definition
from within, an organization's core businessproprietary, and, if broadly patented, that innovation
innovations can become self-limiting because the poolcan comprise an exclusive product or technology
of knowledge and idea generation may becomeoffering to an acquiror. This better assures that the
somewhat myopic. When properly deployed, Openacquired innovation can truly be called a
Innovation methodologies not only can be the source"differentiated" offering that is subjected to a lesser
of ideas generated outside of the organization, butlikelihood of being knocked-off by a competitor.
can also serve as a catalyst for the existingA further benefit to acquisition of another company's
R&D infrastructure to become more creative. Indiscarded product or technology is the attendant
its best forms, Open Innovation becomes a source"know how" associated with the patented subject
of new products and technology, as well as a meansmatter. When a company identifies a product or
to spur the creativity of one's own people.technology as suitable for patenting, it is quite likely
In seeking to capitalize on the promise of Openthat it is working to develop that same subject
Innovation for modern business, many companies arematter as a potential customer offering. Thus, the
developing internal expertise or engaging consultantscompany typically owns know how and other
to assist them in meeting their goals. These effortsvaluable information attendant to the subject matter
are no doubt critical for Open Innovation success.of the patented product or technology. By acquiring
However, I believe that a missing piece in today'ssuch unwanted products or technology, a company
existing Open Innovation methodologies is deployablecan obtain much more than is evident from the
knowledge regarding how patent information andpatent itself. (And, it goes without saying that one
analysis can be used to improve and accelerate theshould not reject a product or technology on the
quest for promising ideas developed outside of one'sbasis of what the patent itself discloses--there may
organization. This belief emanates from bothbe much more to the described subject matter than
substantive client experience, as well as discussionsmeets the eye.)
with innovation professionals from manyAn additional, and maybe not obvious, benefit of
organizations.using patent information as part of an Open
In the aggregate, most innovation professionalsInnovation methodology is that by reviewing third
conceptually understand that patent informationparty patent information, an organization can develop
should serve as a source of Open Innovation subjectan institutional knowledge of what is owned by
matter. Nonetheless, few of these professionals fullyothers prior to engaging in substantive internal
appreciate how patents can be used to improve theinnovation efforts. That is, if an innovation team
innovation process. Moreover, few patentknows early the metes and bounds of third party
professionals possess the business competency topatent ownership, the team can better direct the
translate their patent legal knowledge into a formcompany's efforts away from known products or
deployable in the innovation context. As such, atechnology into previously unexplored areas. This can
disconnect currently exists between patentreduce the potential for patent infringement liability,
information and Open Innovation methodologies.as well as improving the likely scope of patent
Failure of organizations to fully capitalize on theprotection for the team's own innovations. In this
information available in patents necessarily results inrealm, incorporation of patent information into the
reduction the payoff obtainable from the adoption ofOpen Innovation process can operate as a valuable
Open Innovation by a company.directional signal for product and technology
Why do I believe patents are a critical piece to Opendevelopment.
Innovation methodology? Put simply--patents canThere are no doubt many additional benefits to using
serve as a shopping list for a company seeking topatent information as an element of Open Innovation
identify innovations available for adoption frommethodologies. At a minimum, however, patent
outside the organization. By its very nature, a patentinformation indisputably can serve as a great source
sets forth the fundamental basis of the subjectof insight and direction for those organizations that
matter that the patentee wishes to exclusively own.seek to identify sources of innovation outside of
If the patentee developed a product or technologytheir own infrastructures. An organization seeking to
and later decided not to introduce it into the market,develop an Open Innovation infrastructure will fail to
then that subject matter could be essentially marketfully capture the value from such a program if it does
ready (or nearly market ready) for a significantly lessnot include patent information capture and analysis
cost than to develop a similar technology frominto its Open Innovation methodologies.
scratch within one's own organization.