It’s a quandary. What to do with that new innovation or discovery? There are many choices. The question of publish or patent has thrown innovators into a quandary for years. Today the question also includes productize or perish.
Many factors affect this decision. Where you work at the time of discovery plays a major role. Who “owns” the idea? What incentives need to be considered? A common scenario is that you are employed by a university, laboratory or business enterprise. Employment agreements for researchers, scientists and innovators are common. Organization resources, time and expertise have aided in your innovative discovery and thus will frame your decision. Organizational incentives are important considerations: KPIs (key performance indicators), bonuses, management objectives and recognition. Time horizons affect the decision: short term incentives versus long term payback. Risk and reward are always important considerations.
PUBLISH
Publishing papers expands the human knowledge domain. We all benefit from the growth of knowledge. Some discoveries are compelling to the growth of human knowledge, like Lawrence Livermore Lab’s 2012 addition to the periodic table of elements a new synthetic super-heavy element with the symbol Lv (Livermorium) and atomic number 116. Publication also brings recognition to you and your organization for scientific and thought leadership.
Publishing a paper on scientific findings often means that the finding cannot be patented because it is now in the public domain. In some instances there are opportunities to publish “edge” work, but not the finding itself to allow for both publication and patent rights. “Edge” work could include process, analysis, conclusions or utilization results but not the core discovery. Work with both publication experts and patent lawyers to ensure that both paths will be successfully attained.
PATENT
A patent is a set of exclusive rights provided to an inventor for a specific period of time, in exchange for public disclose of the invention (thanks to Wikipedia for their succinct definition). Patents are one of the most commonly recognized forms of intellectual property.
In my work with SRI International and R&D universities this is an interesting quandary: publish or patent or productize. Patents provide protection in the sovereign state granting them. Don’t they? Patent lawyers say yes. But, what sovereign states have granted you patent right? How many countries are there in the world? How much money (and time) do you have? Protection exists if lots of money and patent lawyers are applied liberally to identify encroachment and sue trespassers.
There are three types of patents, from my perspective: 1) ego patents, 2) offensive patents and 3) defensive patents. Ego patents are for the gold star of accomplishment, KPI’s met, bonuses collected, recognition received, etc. Offensive patents are developed for exploitation, licensing and to push into industry or to competitors for the purpose of making money. Defensive patents are ones that a company is trying to defend against; these cost money to defend (lots of money in most cases).
Patents are important but hard to protect. Competitors can make modifications to slip through the courts, which makes a defensive patent strategy precarious. Patent filings make findings public. Many countries do not respect patent laws. I am an advocate for patenting new discoveries; just know what you are getting.
PRODUCTIZE
Commercialize and productize are the gold standard in Silicon Valley. Big risks are taken for the dream of big rewards. Create a new venture, start a company and bring a product to market. For many of us it is not a question of if, but when.
For the innovator important productize questions are:
- What’s the important customer or market need? Without customers or a market a product will fail.
- Is the market timing right? Why now? Is the infrastructure to support the innovation in place?
- Can the product cross-the-chasm* from early adopter to early majority? That’s the valley-of-death** that has killed many great ideas. It’s not an easy process to get to real acceptance in the market.
- Is the product idea ready? Where is the idea in the product life cycle: concept, lab tested, lab prototype, working prototype, operational, scalable to production, etc. How long will it take to get from where you are to productize?
If you are ready for the journey it can be incredibly rewarding. But, it is A LOT of work! It will take not only your commitment but the commitment of your family and friends.
PERISH
A few innovators feel that their Innovation discoveries are too important to share. They fear that the ideas will be “stolen” or misunderstood. Ideas that are not published, patented or productized are doomed to diminish, disappear or die. Don’t let this happen to your idea, innovation or invention.
PACE
The innovators quandary: publish or patent, productize or perish. The real protection and real compelling value come from pace. Keep the pace of development ahead of everyone else and you win! Look at Apple in recent years. Publication puts innovation in the public domain. Patents put innovation in the public domain, with restrictions. Productize and you put innovation in the hands of customers and users. But pace, pace of development, pace of innovation puts you ahead of the market. Look at Apple from 2007 to today, the pace of innovation is dramatic! Velocity in the marketplace is the real differentiator
POST SCRIPT
Pace of develop is king in my opinion! Whether publishing, patenting or productizing, the most important factor is the pace of development. The real innovation economy is based on velocity – pace of development for publication, patent or products. If the pace of development is too slow expect to perish, someone else will be way out ahead.
In my work with SRI International I meet many innovators, researchers, scientists, engineers and developers. The discussion of publish or patent arises in nearly every workshop and the dialog extends into commercialization, productizing, licensing or forming a start-up. SRI International provides powerful interactive workshop for innovators, including Five Disciplines of Innovation, Business Terminology and Venture Plan Essentials.
Notes:
* Geoffrey Moore “Crossing the Chasm”
** Norm Winarsky of SRI International