[소소한일상] Threshold Points in the Journey to the User

IP Creation

1. What problem does the solution address?

Will ther be willing buyers?

If the solution does not necessarily address a problem experienced by a user, it may be difficult to create a market. 

2. Is the solution scientifically/technologically sound and feasible?

Are the results reproducible or were they a once-off?

3. Are there any risks?

Does the IP creation have any inherent or unintended risks?

4. Is it techno-economically feasible to make the IP creation?

Is the cost to make the IP creation ecxessively high?

Need to determine if one will be able to recoup the costs of manufacturing through sales of the resulting product, use of the process or provision of the service.

 

The market and competitors

1. Doese the IP creation fulfill a major, well-recognised need or a minor one?

Are there willing buyers?

2.What are the major benefist (and competitive advantages) the new IP creation offers?

Would a user start using your product, process or service instead of an existing one?

3. Is the market already established, or will it need developing?

Would you need to create a new market?

Are there willing and exisitng customers that you can persuade to change to your product?

4. Is this a growing market with existing competitors and is there space for more players?

Would the longevity of the market and the extent of the investment be justifiable?

5. Where are the major markets located?

Is the market local or international?

If there is no local market, then one has to look at exports and whether it is feasible to penetrate an international market.

 

IP Protection

1. What form of IPR is relevant and effective for the created IP?

Would a product, process or service need to be protected by more than one type of IPR?

2. Is there prior art/right that negates legal protection of the IP?

Would you be able to obtain an exclusionary right?

3. Can the IPR give you strong protection?

Is it possible for a competitor to tweak your product, process and service easily?

Your IP right may no longer grant you an exclusionary right. In this case, seeking formal IP portection or the coast associated with it may not be appropriate.

4. Is it possible to detect and prove infringement of your IPR?

Can you prove that a third party has infringed your right?

5. Do you have freedom to operate?

Doese your new IP creation build on the IP of an existing product, process or service?

6. Is the IP creation at too early a stage in its developmetn that an IPR would expire before the products, processes or services reach the market?

Is the exclusionary right still in place when the product is in the market?