How can you protect your product before commercialisation?

Before developing new product ideas, you should first assess how novel they are. Are your products or services genuinely new, or do they build on existing solutions? Identify what gives your business a competitive advantage and what you need to protect and retain control over.

A clear understanding of what makes your products and services unique makes it easier to define what sets you apart from your competitors, what attracts customers and how you can protect it. It is useful to understand the requirements you need to meet to secure formal protection. These requirements are international and focus on criteria such as novelty, distinctiveness and whether the innovation differs significantly from what is already known.

Assess your concepts thoroughly to determine whether they represent genuine innovation, and check which patents, designs and trademarks have already been registered in Norway and internationally. 

Have you checked whether your products infringe the rights of others in the countries where your company plans to sell them? In Norway, we call this 'handlingsrom', or 'Freedom to Operate' in English. It refers to whether you are free to market and sell your products in different countries.

If you use a distinctive sign to promote your products in Norway, can you use the same sign in your export markets? Another company may already be using it and have registered it as a trade mark in the relevant export market. The same applies to technical solutions. If another company holds a patent covering the solution in the country where you intend to manufacture or sell the product, it may prevent you from selling the product there.

By checking early on whether your company infringes the rights of others, you can avoid the risk of lawsuits and compensation claims from rights holders.

Start by thoroughly reviewing your company's intellectual property (IP). Which intellectual assets are worth protecting? This exercise lays the foundation for developing a robust IP strategy that ensures your product or service is well protected before launch. This is important for several reasons:

Competitive advantage: Using IP/IPR strategically gives you a unique position in the market and makes it harder for competitors to copy your ideas. 

Increased value: A strong IP strategy and IPR portfolio increase your company's value and appeal to investors.

Licensing revenue: You can generate revenue by licensing your IP/IPR to others.

Legal protection: IPR gives you a legal basis for protecting your innovations against unauthorised use.

If an employee makes a patentable invention, the employer should receive written notification of the invention, negotiate compensation and put the necessary agreements in place to protect both its commercial interests and the employee's contribution.

If you plan to work with others to develop a product, you should enter into a written agreement covering the product's development and commercial use. The agreement should also clearly state who owns what you develop, including any logs and data generated during development, and, importantly, who has the right to develop the product further. Which third parties does your company need to work with to achieve its strategic goals? How will you ensure that confidential information remains secure when shared with business partners and subcontractors? A collaboration agreement can be a good solution.

A robust IP strategy is essential to protect your product before commercialisation. You should consider which type of protection best suits your business in each case. You can combine several protection methods to create stronger, more comprehensive protection.

Protecting your intellectual assets may include patenting inventions, maintaining confidentiality, and registering trademarks and other distinctive signs. You should also secure ownership of intellectual property such as publications and software/source code.

Protecting your IP reduces concerns about competitors copying products or stealing creative ideas or trade secrets. By safeguarding your intellectual assets, your company can focus fully on other critical activities, such as growth and marketing.

How to create an IP strategy

Before commercialisation, it is essential to carry out a final review of your product before making it public. Disclosure involves some risk, so you need to ensure that your product is effectively protected in advance. Our experienced IP advisers can map your intellectual assets, identify potential risks associated with commercialisation, and develop effective IP strategies that protect your business and support its success in the market.