Currently, new technologies are being developed, to satisfy significant needs in the fields of energy and environment. Driven by concerns over diminishing fossil fuels, increasing global pollution, and projected impact of human burden to our planet, investment in these products and technologies is reaching fever pitch. However this leads to a “gold rush” mentality, in terms of many companies looking to take advantage of the capital investment and, presumably, a big payoff.

The companies that have not only a viable technical solution but also documented IP that relates to their business will be those that survive the “rush” and have longevity and value in the market. Because of intense attention and activity in this space, documenting your IP in a thoughtful and strategic way that is related to the business may make the difference between a successful or failing venture.

We have found our clients ask us:

1. How do I know that a given technology has future promise, in terms of its IP ownership?
2. Are there ways to determine value of a “green” technology and its corresponding IP portfolio?
3. How can I capture the IP rapidly and cost-effectively?
4. How can I convince management or an investor that my IP is valuable?
5. How do I create an effective IP strategy in a rapidly growing technical space?
6. Where is the highest IP value in the energy and environment technology space, and how can our company capitalize on that value?
7. Are there ways I can anticipate the competitive products and technologies and differentiate and protect against “me too” products?
8. Which are the key companies that have already established significant portfolios in various technologies, such as biodiesel, solar applications, fuel cells, and the like? How can we invent around them?
9. If I have a technology to offer, how do I go about licensing it?
10. How do other unique aspects of energy and environment solutions (e.g., regulations, standards, public perception) affect the use of IP as a business strategy?

We have found that there are many ways to help our clients with these issues.

1. We can evaluate the technology against the landscape of the space, to understand the competitive patents.
2. We can provide ipDue Diligence^SM on your business, to assist you in getting a quick snapshot of your IP and to show how it links to your business, market, and products.
3. We can help capture the IP that can be used to convince management or an investor about the value of the IP.
4. We can provide IP Strategy services, to help align the business with the IP that is, or could be, developed.
5. We can conduct supporting research, to evaluate and map competitive products and technologies against your IP Landscape, and provide a market intelligence report.
6. We have a full-service IP licensing practice that covers everything from education, to development of the licensing package, to negotiating the deal.

Determining how patents stack up within an industry is a challenge, especially in dynamic sectors such as renewable energy and environmental technology. Nancy Edwards Cronin considers the value of patent scoring in "Patenting Model Lets Companies Assess IP Strength ." This article was published in the January 17, 2007 edition of Cleantech Capital Alert.

Companies who carefully structure their business to focus simultaneously on practical product and technology development, in parallel with IP strategy and protection, will find themselves in a commanding position in business negotiation and a success in the market.

To obtain more information or discuss your unique challenges please contact us.