What do you do when you are at a trade show and your competition is looking very closely at your products? Should you just let them do this?

The product's originator must ensure they have the correct intellectual property protection strategies in place before their products enter the public domain. Keeping up with industry developments is sound business practice.

 

 

Expect competitors to take an active interest in one's new products - either by viewing them at a trade show, or buying them through a third party and closely inspecting them.

We have a patent for our main product, but have introduced many extensions to the main brand which we haven't bothered to protect because it would be too costly. Is there anything we can do to protect these other products?

The best strategy is to try to avoid arriving at this situation in the first place. While many minor product improvements or variations may not be worthy of independent patent protection, it is important to safeguard developments that take the product outside the original protection's scope and/or provide an important commercial advantage.

A wide range of non-patent protection options is available for improvements that do not warrant any expenditure. For example, one can "black box" the technology to make it more difficult to understand its workings.

Businesses wanting to gain maximum commercial advantage from their intellectual property should aim to make money from their ideas rather than just spending money protecting them. As well as making the correct judgments before the public launch, regularly reassess your patent portfolio and cull protections that cost money but are no longer applicable to the product or its markets.

Also bear in mind that patents may not be the best form of protection, so seek independent and objective advice on how best to protect your intellectual property.

When we put new products on our website, we see our competition copying the innovation within days. Should we be more careful about what we put on our website?

Websites are often a potential customer's first port of call and minimising product information can limit sales and revenue. Safeguard intellectual property by ensuring that information provided fits the site's purpose.

For example, websites with a promotional (rather than technical support) purpose should minimise the amount of technical product information supplied.

In other instances, for example with electronic goods, it is necessary to include technical information in the form of product specifications such as performance, capability and compatibility - but do not provide information about how these elements are achieved.

Trade secrets and confidential information form a large part of any business's intellectual property so consider each piece of information in the context of its disclosure's risks and benefits.

Disclosure is warranted only when the benefits outweigh the risks.

Is there anything we should tell our customers about protecting our IP? Do they appreciate it if we are well protected?

There is benefit in making customers aware of protection because customers can be a risk in their own right. As well, your competitors will learn about your commitment to protecting your IP. Intellectual property infringements often occur after a customer takes a product elsewhere to be made at a cheaper price.

An alternative fabricator or manufacturer has no IP development or protection costs on your product, so their price may be more competitive. Advising customers your products have IP protection will at least remove any subsequent claim of innocence on their part.