Archive for 'Intangible asset training for management teams.'

Intangible Assets: Management Team’s Responsibility To Engage!

May 7th, 2013. Published under Intangible asset training for management teams., Managing intangible assets. No Comments.

Michael D. Moberly    May 7, 2013    ’A blog where attention span matters’! 

Asset risks can materialize instantaneously, sequentially, and simultaneously and rapidly cascade throughout an enterprise to produce long lasting, and with increasing frequency, permanent adverse economic (competitive advantage) effects, so, in today’s increasingly predatorial global business environment….

First, the responsibilities associated with safeguarding (preserving use, ownership, and monitoring value, materiality, and risk to intangible assets are now akin to fiduciary responsibility (Stone v. Ritter).  They should not be construed as merely constituting new business jargon or optional tasks that can be dismissed or neglected, i.e., it will get done as time permits, when the resources become available, or when competitors do it.

Second, in today’s increasingly ‘flat world’ (Thomas L. Friedman) in which R&D, global business transactions, and company operations are routinely conceived, shaped, driven, and executed by the interconnected flow of data and information, i.e., intangible assets, it makes it all the more important that management teams converge their expertise to ensure the intangibles that are in play, are effectively safeguarded and positioned to realize the economic and competitive advantage benefits which they are capable of delivering without succumbing to risks, challenges, or other forms of asset compromises.

To better enable this, practices, processes, and strategies must be in place, along with a (enterprise-wide) culture that recognizes and appreciates intangible assets, and possess levels of alertness and skill to sustain sufficient control of and monitor key assets’ value, materiality, and risk.

Third, the time frame(s) when most companies can realize the greatest value from their increasingly intangible asset intensive products and services continues to erode, variously due to…

  • the abbreviated value and functionality cycles’ of intangible assets.
  • the absence of (conventional) market entry barriers and enforceable intellectual property law which allow for…
    • global cadres of ‘instantaneous’ competitors and infringers, and
    • extraordinary profits gleaned from (intangible) asset theft, infringement, piracy, and counterfeiting operations that pollute legitimate supply chains.

Fourth, intangibles’ development, acquisition, and utilization must be aligned with core business (and security and risk management) strategies rather than being considered primarily as intellectual property-based legal processes and/or decisions. That’s because, conventional forms of intellectual property enforcement, patents primarily…

  • no longer serve as deterrents, safe harbors, or consistent indicators of asset (company) value.
  • can advance a company (economically, competitively) only so long as a company can sustain unchallenged – undisputed use, ownership, and value, of its IP.
  • are relatively easy prey (vulnerable) to global networks of legacy free players and increasingly sophisticated entities engaged in predatorial data mining, business/competitor intelligence operations and economic espionage.

Fifth, safeguards for intangible asset intensive firms and transactions can be best addressed not solely through legislative mandates which, while generally being politically well-intentioned, are often unenforceable on a global scale, particularly in regions with highly country-centric IP and technology transfer law.  Rather, effective intangible asset safeguards are a product of real attitudinal and operational adjustments in a company’s outlook, strategic thinking and planning coupled with a strong recognition that key intangibles, particularly those linked to ‘operational know how’ are highly sought after globally, and therefore consistently at risk.

Sixth, it’s virtually impossible today to engage in any type of business activity or transaction in which intangible assets are not in play and integral to achieving a favorable outcome. Ultimately then, the line between a company achieving profitability and fighting for its financial survival is now more closely linked than ever before, to its ability to

  • identify, mitigate, and safeguard against risks to its intangible assets ranging from disputes, challenges, theft, infringement, or other forms of (asset) compromise while simultaneously extracting – exploiting value and converting intangibles into sources of revenue.

Indeed, intangibles have become embedded in even the most routine business operation and/or transactions. Absent this acknowledgment, the result is often that substantial asset value, competitive advantage, company reputation, and market space may be irreversibly lost, undermined, or er

Each blog post is researched and written by me with the genuine intent it serves as a useful and respectful medium to elevate awareness and appreciation for intangible assets throughout the global business community.   Most of my posts focus on issues related to identifying, unraveling, and sustaining control, use, ownership, and monitoring asset value, materiality, and risk.  As such, my blog posts are not intended to be quick bites of  unsubstantiated commentary or information piggy-backed to other sources.

Comments regarding my blog posts are encouraged and respected. Should any reader elect to utilize all or a portion of my posts, attribution is expected and always appreciated. While visiting my blog readers are encouraged to browse other topics (posts) which may be relevant to their circumstance or business transaction.  I always welcome your inquiry at 314-440-3593 or m.moberly@kpstrat.com

 

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Intangible Assets and Fiduciary Responsibilities!

April 30th, 2013. Published under Fiduciary Responsibility, Intangible asset training for management teams.. No Comments.

Michael D. Moberly    April 30, 2013     ‘A blog where attention span matters’.

Fiduciary responsibilities include circumstances in which one individual has placed substantial trust and confidence in another to manage and safeguard money and/or property, either tangible and intangible, I might add.

A fiduciary relationship is also one in which an individual has an obligation to act for another’s benefit, be they stakeholders or stockholders, etc., in which expectations of faith and confidence are presumed.   In its most basic form, a fiduciary relationship extends to numerous instances in which one party, i.e., the beneficiary, places confidence in the another, i.e., the fiduciary, and such confidence is accepted.

A fiduciary responsibility though, generally establishes only when such ‘faith and confidence’ extended by one party, is actually accepted by the other party.  And, on somewhat of a cautionary note however, mere respect for another individual’s judgment or general trust one may have in an individuals’ character are generally deemed insufficient for creating – establishing a defensible fiduciary relationship.

Insofar as the duties – responsibilities associated with a fiduciary relationship, they include loyalty and reasonable care of the assets (again, tangible as well as intangible) entrusted to the fiduciary’s care, which I refer in the instance of intangible assets, (a.)  stewardship, (b.) oversight, and (c.) management.  Too, each of these fiduciary’s actions (responsibilities) are expected to be performed for the advantage and benefit of the beneficiary thereby creating (a.) dependence by the beneficiary, and (b.) influence by the fiduciary.

Anytime when fiduciary responsibilities regarding intangible assets are examined, two aspects must be fully considered, (1.) it is an economic fact – business reality that 80+% of most company’s value, sources of revenue,  globally lie in – directly evolve from intangible assets, and (2.)  Stone v. Ritter (2006), a Delaware court, in a very substantive way, drew attention to board – director oversight (management, stewardship) of compliance programs and company assets.  In part, the court’s decision read…

’…ensuring the board is kept apprised of and receives accurate information in a timely manner that’s sufficient to allow it and senior management to reach informed judgments about the company’s business performance and compliance with the laws…’ 

Rebecca Walker describes this decision in her paper ’Board Oversight of a Compliance Program: The Implications of Stone v. Ritter’, this particular decision as numerous experts assert, will come to be viewed (applied) less for its focus on board oversight of compliance programs per se, and more for bringing clarity to what actually constitutes ‘board oversight’ of a company’s assets, and by extension, its intangible assets.

Again, the quite clear message conveyed by Stone v. Ritter came at a time when increasing percentages of most company’s value, sources of revenue, and ‘building blocks’ for growth, profitability and innovation were evolving directly from intangible assets.  So, any declaration, judicial or otherwise, that this increasingly valuable asset class, i.e., intangible assets, now has fiduciary responsibilities attached at the board and senior management levels is indeed significant and worthy of our notice.

I respectfully add however, that the insights and strategies described here extend well beyond the minimums articulated in the Stone v. Ritter court decision.  Accommodating the spirit and intent (impact) of Stone v Ritter to the intangible asset side of any business, is certainly achievable, especially when senior management teams, including security and risk management executives, accounting, and legal counsel are engaged in amiable collaboration.

A critical key of course is that boards and senior management are well prepared to (a.) recognize what information (about intangible assets) they need, and (b.) demand the relevant and objective information regarding intangible asset asset performance (indicators) and other equally important quantifiers as the basis for identifying and objectively assessing…

  • intangible assets’ stability, defensibility,  and contributory value.
  • the various transaction contexts in which intangibles will be in play and/or elements to a transaction
  • strategies to prevent, counter, and/or mitigate risks and vulnerabilities to the assets that  extend well beyond conventional snap-shots-in-time audits or mediocre checklists to include a range of adverse events, acts, and/or circumstances that will, when materialized, impair, erode, and/or undermine the assets’ contributory value, and competitive (market space) advantages.
  • techniques for structuring business  transactions to sustain/preserve the desired levels of control, use,  ownership, and value of the (intangible) assets in both pre and post transaction contexts.
  • how to achieve greater efficiencies and profitability when (intangible) asset stewardship, oversight and management are aligned with a company’s core mission, strategic planning, financial management, and the value – functionality cycle of the assets.

Absent consistent efforts to ensure each of the above occurs, boards and senior management will fall short of the fiduciary responsibilities articulated in Stone v Ritter, i.e., to know what’s going on inside their company!

Each blog post is researched and written by me with the genuine intent it serves as a useful and respectful medium to elevate awareness and appreciation for intangible assets throughout the global business community.   Most of my posts focus on issues related to identifying, unraveling, and sustaining control, use, ownership, and monitoring asset value, materiality, and risk.  As such, my blog posts are not intended to be quick bites of  unsubstantiated commentary or information piggy-backed to other sources.

Comments regarding my blog posts are encouraged and respected. Should any reader elect to utilize all or a portion of my posts, attribution is expected and always appreciated. While visiting my blog readers are encouraged to browse other topics (posts) which may be relevant to their circumstance or business transaction.  I always welcome your inquiry at 314-440-3593 or m.moberly@kpstrat.com

 

Intangible Asset Familiarity Produce Multiplier Effects and Strengthen Value Propositions!

March 21st, 2013. Published under Intangible asset strategy, Intangible asset training for management teams.. No Comments.

 Michael D. Moberly    March 21, 2013    ‘A blog where attention span matters’.

For many business management teams and decision makers, when the term ‘multiplier’ (effect) is used, it frequently conveys an economic context and/or outcome and seldom eludes to management team behaviors or actions, i.e., one’s that influence the pursuit of new, or at least different ways of thinking.

Different ways of thinking include executing a process, an initiative, or utilizing/exploiting assets differently than what’s been done previously.  The objective of course is, by doing so, will lead to (more) efficient and effective use, in this instance, of intangible assets, i.e., intellectual, relationship, and structural capital, etc., to achieve a more favorable economic, competitive advantage, and/or market position.

Achieving favorable economic, competitive, and market outcomes may be less likely to occur had those behaviors – actions of management teams and other decision makers not been influential as ‘intellectual multipliers’.  Intellectual multipliers can represent either significant or relatively subtle changes to business operations and/or transactions that create efficiencies, elevate effectiveness, identify new opportunities, etc., which, of course, lay foundations for positive and lucrative outcomes.

For example, the ‘multiplier effects’ described below, can be the product of management teams’ acquiring an intellectual, operational, economic, and competitive advantage familiarity with intangible assets.  That familiarity can influence – produce, in numerous instances, enterprise wide multipliers, e.g.,

  1. Kick start strategic planning to achieve more complete utilization – exploitation of intangible assets and IP…
  2. Elevate fiduciary appreciation      for the stewardship, oversight, and management (S.O.M.) of company portfolios of intangible assets and intellectual property…
  3. Contribute to aligning financial – risk management planning with (intangible) asset safeguards and  a company’s core – strategic objectives by having practices in place to  sustain control, use, ownership, and monitor asset value, materiality, and risk…
  4. Facilitate more timely (aggressive) pursuit of intangible asset – intellectual property rights violations, i.e., compromises, infringement, misappropriation, etc…
  5. Provide foundation for developing business organizational resilience (continuity and contingency) planning for intangible assets, IP, and proprietary competitive advantages to achieve quicker and more complete economic recovery during and following a significant business disruption or disaster…
  6. Add – bring consistency to accounting by (a.) describing intangible assets in revenue conversion formats, and (b.) representing intangible      assets commensurate with Sarbanes-Oxley and FASB Statements…
  7. Elevate company’s public stature, i.e., reputation and image among its customers, suppliers, investors, and other stakeholders      that can attract attention of ‘audiences’ well beyond a company’s traditional market – industry sector…
  8. Strengthen the interface (convergence) with (a.) IT-computer safeguards and practices, (b.) knowledge management programs, and (c.) balanced scorecard initiatives…
  9. Distinguish assets relative to their (a.) contributory value, (b.) life, value, functionality cycles, and (c.) facilitates more reliable quantifying – qualifying asset performance…
  10. Provide more efficient and effective use of IP counsel and allocation of IT and information security resources…
  11. Serve as leverage points in negotiating IT and IP insurance coverage and premiums…

Each blog post is researched and written by me with the genuine intent they serve as a useful and respectful medium to elevate awareness and appreciation for intangible assets throughout the global business community.   Most of my posts focus on issues related to identifying, unraveling, and sustaining control, use, ownership, and monitoring asset value, materiality, and risk.  As such, my blog posts are not intended to be quick bites of information piggy-backed to other sources, or unsubstantiated commentary.  Comments regarding my blog posts are encouraged and respected. Should any reader elect to utilize all or a portion of any of my posts, attribution is expected and always appreciated. While visiting my blog readers are encouraged to browse other topics (posts) which may be relevant to their circumstance or business transaction.  I always welcome your inquiry at 314-440-3593 or m.moberly@kpstrat.com

Intangible Asset Training for Management Teams – Rationale

March 12th, 2013. Published under Intangible asset training for management teams.. No Comments.

Michael D. Moberly   March 12, 2013    ‘A blog where attention span matters.’

Achieving operational familiarity with company’s intangible assets will lead to improvements in economic and competitive advantage health!

While intangible assets represent the dominant drivers of most company’s economic and competitive advantage health and value, if they are dismissed or neglected by company management teams, there is a substantial, perhaps I should say very real, probability that  initiatives such as new project launches, competitive advantages, marketing programs, and strategic planning will be stifled, undermined, or certainly produce less than their potential, with asset value eroding quickly or worse, ‘go to zero’!

Conventional financial statements do not provide management teams with a complete or necessarily clear picture of a company’s fiscal soundness absent inclusion of intangible assets.  This is especially relevant in today’s increasingly knowledge (intangible asset) dominant business (transaction) global economy in which it’s an economic fact that 65+% of most company’s value, sources of revenue, and ‘building blocks’ for growth, sustainability, and profitability lie in – evolve directly from intangible assets.

Management teams’ continued reliance on conventionally framed financial statements that are largely absent reference to intangibles contributes to sustaining a sense of skepticism, dismissiveness, and reluctance about the economic fact that the real sources and drivers of most company’s value and revenue today evolve directly from assets that are seldom, if ever reported on financial statements, other than in the form of goodwill!

True enough, conventional financial statements describe whether or not financial targets are being achieved, etc. In that context, they remain relevant, but agin, they simply don’t convey the whole story (picture) about a company’s status or its’ potential with respect to the production and exploitation of intangible assets.

In fairness, conventional financial reports were not designed to capture qualitative aspects, vital signs, and/or indicators that we now know are directly related to businesses success, i.e., those found – embedded in a company’s intangible assets.   Today, tracking and monitoring the performance of a company’s intangible assets is not a time-resource luxury applicable only to Fortune ranked companies, rather it’s a necessity and fiduciary imperative for most every company including SMM’s (small, medium multinationals) SME’s, (small, medium enterprises) start-up’s, university-based spin-off’s as well as maturing firms.

The business prudence of striking a better balance between the stewardship, oversight, and management, i.e., S.O.M., of tangible vs. intangible assets can produce benefits and multiplier effects that will favorably cascade throughout an enterprise.

There are a number of factors in play today that should be influencing management teams to pay more attention to monitoring (indicators of) intangible asset performance, irrespective of company size, maturity, or industry sector.  These factors include, among others,

  • increasingly aggressive and predatorial global competition.
  • the growing connection between a company’s intangible assets, stakeholders, its value-supply chain, and company profitability and sustainability.
  • a heightened respect for the risks to and value of a company’s reputation (image, goodwill).
  • accelerated innovation, product development, and launch times .
  • the geographically boundary-less speed which information (intangible assets) can be developed, acquired, and disseminated, and
  • increasing government regulatory emphasis (globally) on reporting and measuring (accounting) the value, performance, and materiality of intangible assets.

Each blog post is researched and written by me with the genuine intent they serve as a useful and respectful medium to elevate awareness and appreciation for intangible assets throughout the global business community. 

Most of my posts focus on issues related to identifying, unraveling, and sustaining control, use, ownership, and monitoring asset value, materiality, and risk.  As such, my blog posts are not intended to be quick bites of information piggy-backed to other sources, or unsubstantiated commentary.

Comments regarding my blog posts are encouraged and respected. Should any reader elect to utilize all or a portion of any of my posts, attribution is expected and always appreciated. While visiting my blog readers are encouraged to browse other topics (posts) which may be relevant to their circumstance or business transaction.  I always welcome your inquiry at 314-440-3593 or m.moberly@kpstrat.com

Intangible Asset Training Produces Multipliers

March 11th, 2013. Published under Intangible asset training for management teams.. No Comments.

Michael D. Moberly   March 11, 2013    ‘A blog where attention span matters’!

The following are examples of valuable and immediately useful/beneficial multipliers that a well designed and thoughtfully and respectfully executed intangible asset awareness (training) program can produce for management teams, c-suites, project managers, and boards.

Reduce uncertainty and adding predictability to operations and transactions by (a.) incorporating the necessity to monitor asset value, stability, fragility, and defensibility relative to (a.) achieving projected returns, competitive-market/sector position, and creating synergies/efficiencies…

Identify potential new market entry opportunities by rapidly and efficiently distinguishing revenue producing intangible assets…

Reduce probability that intangible assets will become entangled and/or ensnared in costly and time consuming legal challenges that impede project/company growth, momentum and/or erode – undermine asset value, competitiveness, and performance…

Contribute to building an enterprise wide intangible asset (risk intelligent) company culture that recognizes-appreciates asset value and the various risk – threat environments …

Provide a foundation for developing stronger – more effective organizational resilience (business continuity/contingency planning) to include intangible assets and competitive advantages should (when) certain risks/threats materialize.

Distinguish intangible assets relative to their respective life, value, and/or functionality cycles…

Recognize the growing global universality of regulatory mandates regarding accounting and reporting the value, materiality, and financial performance of intangible assets…

Recognize that patents alone are no longer reliable indicators of company value, transaction predictability, or serve as a effective deterrents or safe harbors to infringement or misappropriation…

Extract and/or leverage more value from intangible assets in business transactions…

Forge stronger relationships with legal counsel, auditors, and accountants on all matters related to intangibles.

Strengthen convergence with:

  • knowledge management programs
  • balanced scorecard initiatives
  • Sarbanes-Oxley compliance

Provide more efficient and effective use of legal counsel and IT resources…

Align a company’s business practices and external (business) transactions with risk assessment, asset management, (pre-post) due diligence, and strategies to sustain or enhance asset value…

  • foster an enterprise wide (risk intelligent) culture that recognizes – respects the value of critical (core) intangible assets relative to their proper handling, protection, preservation and facilitates asset monitoring undermining, and asset value dilution.
  • elevate awareness, alertness, and accountability for identifying and communicating significant risks, threats, and challenges (related to intangible assets, IP, and proprietary competitive advantages, etc.) in business transactions before irreversible ‘economic hemorrhaging’ can occur…

Bring consistency to business accounting and auditing by:

  • describing intangible assets in revenue conversion formats, and
  • representing intangible assets commensurate with Sarbanes-Oxley

Elevate company’s stature and goodwill among its customers, suppliers, and investors and gain attention of audiences beyond a company’s traditional markets…

Strengthen confidence in outcomes in business transactions by:

  • focusing on enabling – facilitating stronger, more secure and profitable  transactions, not impede them.
  • demonstrating how to unravel and assess the status, stability, fragility, and defensibility of the assets relative to meeting terms, objectives, projected returns, and exit strategy.
  • sustaining necessary control, use, and ownership over the assets in both pre and post transaction contexts.

Elevate understanding about strategies to prevent, counter, and/or mitigate current and emerging risks, threats, and vulnerabilities to intangible assets and competitive advantages by:

  • providing practical and business oriented insights that extend beyond conventional audits or business valuation checklists.
  • identifying a range of events or circumstances that can impair, erode, and/or undermine asset value.

Enable equity of voice and range of choice regarding the stewardship, oversight, and management of IP, intangibles, and/or proprietary competitive advantages.

Identify techniques for structuring business operations – transactions to:

  • sustain the contracted levels of control, use, ownership, value and brand integrity of the assets
  • mitigate the undermining – erosion of projected competitive advantages, synergies, profitability and/or entanglement of intangible assets in costly, time consuming disputes and challenges that disrupt transaction momentum.

My blog posts are researched and written by me with the genuine intent they serve as a worthy and respectful venue to elevate awareness and appreciation for intangible assets throughout the global business community.  Most of my posts focus on issues related to identifying, unraveling, and sustaining control, use, ownership, and monitoring asset value, materiality, and risk.  As such, my blog posts are not intended to be quick bites of information, unsubstantiated commentary, or single paragraphed platforms to reference other media. 

Comments regarding my blog posts are encouraged and respected. Should any reader elect to utilize all or a portion of any of my posts, attribution is expected and always appreciated. While visiting my blog readers are encouraged to browse other topics (posts) which may be relevant to their circumstance or business transaction.  I always welcome your inquiry at 314-440-3593 or m.moberly@kpstrat.com

Law Firms Playing To Win: Get Serious About Providing Intangible Asset Services

February 8th, 2013. Published under Intangible asset strategy, Intangible asset training for management teams.. No Comments.

Michael D. Moberly   February 8, 2013

Strategy is about (a.) ‘shortening the odds’ and (b.) ‘winning with choices’, i.e., choices that apply firm wide and in a manner that turns strategy making into a collaborative dialogue where not a single individual’s perspective is necessarily dominant according to A.G. Lafley and Roger L. Martin in their newly published book ‘Playing to Win: How Strategy Really Works’.

Winning however is not always about ‘stomping one’s competitors out of a sector market space or otherwise engaging in activities to ensure competitors lose’.  Quite the contrary, say Lafley and Martin, many firms can actually ‘win’ while being in (competitive) proximity to one another.

In this post, I am extrapolating some of the authors key views (found in and applying them to law firms and how they should genuinely consider developing and honing ‘strategies that really work’, insofar as deliberating the economic – business reality that intangible assets have relevance/application to each practice unit within a law firm.  In other words, I genuinely believe intangible assets are not the exclusive domain of intellectual property (IP) practice units.

One objective here, not unlike Lafley and Martin’s broader perspective, is to elevate awareness of intangible assets and encourage a law firm wide dialogue.  A preferable outcome of such dialogue would be that operational consensus is achieved about how intangible assets have relevancy to…

  • each practice area
  • the various legal transactions executed on behalf of clients, and whether
  • a professional obligation exists to conduct an intangible asset assessment at the outset of an engagement to determine which (if any) intangibles are
    • relevant to the legal service(s) being rendered
    • at risk
    • in play
    • affect or influence legal tactics, strategy, and/or outcome.

With respect to the practice of law, I say, any reasonably experienced practitioner would be hard pressed to identify a practice area in which intangible assets are neither relevant nor play a role to the legal work being executed on behalf of a client.

After all, it is a globally universal economic fact – business reality today, that 65+% of most company’s value, sources of revenue, and ‘building blocks’ for growth, sustainability, and profitability reside in – evolve directly from intangible assets.  However, such recognition and application of this economic fact – business reality is incumbent on both legal counsel and their client to recognize.

Absent such recognition, by either party, I can suggest, with a high degree of certainty, that money, value, sources of revenue,  and/or assets themselves, will be ‘left on the table’, or worse, their contributory value irreversibly lost and/or relinquished to a competitor or legal opponent.

But, as Lafley and Martin point out, generally (not specific to law firms) it’s only when, in the scenario I’m describing, a firm’s practice leaders and managing director recognize the importance of literally ‘getting under the skin’ of client companies, does strategic clarity commence between a firm and a their (business) clients.

For many entities, be they law firms or businesses, their strategy is poorly, if not improperly, equated with merely a plan or vision.  When this occurs, it makes it much more challenging to articulate and legitimately practice ‘a strategy’.  And, in most instances Lafley and Martin point out, any absence of clarity makes it all the more difficult to describe ‘what winning really is’, which of course, should be any businesses primary objective.

Returning to law firms, in my view, this is where intra-practice recognition, collaboration, and adoption of respectful and practical strategies that genuinely recognize intangible assets play various roles and degrees of relevance to most every client engagement regardless of practice area distinctiveness or expertise.

Conventionally speaking, Lafley and Martin point out, businesses (not unlike law firms in my view) are inclined to seek-select clients (customers) whom they want (assume) to be ‘special, where it becomes, almost exclusively about ‘articulating and winning the value equation’ with these special clients.  I assert that any ‘client – law firm value equation’ today should, among other things, factor all intangible assets a client has produced and/or acquired which obligate collaborative insights (about intangibles) being offered from other practice areas, especially given the depth, breadth, range, and embedded characteristics of intangible assets.

Please remember, it is an economic fact that steadily rising percentages (65+%) of  most company’s value and sources of revenue, etc., evolve from intangible assets.  Logic suggests that equally significant numbers of clients experiencing legal challenges or seeking legal counsel come from intangible asset intensive businesses.

To me, this business reality makes it all the more essential that law firms acquire an operational and strategic familiarity with intangible assets which can be immediately applied to client engagements that translate as timely, relevant, and forward looking (firm) differentiators.  I am not reluctant to say intangible asset operational familiarity should  include at minimum the capability to identify, unravel and assess the assets’ control, use, ownership, value, and sustainability.  Such familiarity lays the foundation for firms, so inclined, to offer services to aid clients’ in achieving a much needed and higher level of stewardship, oversight, and management of their intangible assets.

Simply stated, any law firm should ‘feel’ a professional obligation as a client-centered and dependant entity to make its client’s happier than its competitors.  Fully addressing clients intangible assets is a clear, low cost, and potentially lucrative path (strategy) to achieve such a forward looking and competitive stature.

There’s no question ‘winning is important’ Lafley and Martin point out.  But, while short term (specific/individual client) wins are duly recognized as being important, long term strategic wins also carry significance and importance.  For example, if a law firm doesn’t genuinely sense the importance of trying to make each of its client’s happier, compared to competitor firms, overtime, its clients will recognize they are not be getting what they may otherwise with another firm, in this instance, excellent and practical counsel regarding the stewardship, oversight, management of their intangible assets.

Unfortunately, there are some (law) firms that consistently ‘aim too low’ which means’ they convey satisfaction with ‘just gliding along’ in their current state. based largely on past practice and assuming satisfaction with the status quo. That’s not to suggest they don’t want ‘to be in the game’ and acquire new clients.  But, a reality is, some clients are increasingly likely to trade one firm off for another as they learn they need – want specialized expertise, particularly in the area of identifying, unraveling, exploiting, managing, and monetizing their intangible assets.  The firm that’s traded off then tries to rationalize why the client opted out and sought legal services elsewhere.

To at least mitigate this practice of clients ‘trading off’, law firms need to convey a genuine willingness to achieve clearer understanding of clients’ strategic, not only their immediate needs.  This can be achieved by exhibiting absolutely no reticence about…

  • recognizing 65+% of most company’s value and sources of revenue reside in intangible assets and therefore, a growing percentage of clients’ need for legal counsel will involve intangible assets.
  • artfully and respectfully ‘getting under a client’s skin’ coupled with the courage to suggest implementing slight alterations and/or modifications, not wholesale changes, to a business clients’ operations to better engage in the stewardship, oversight, and management of their intangible assets.

Enhancing – broadening a firm’s practice to provide intangible asset services, especially to the increasing number of companies that exist and prosper based on the effective attraction, utilization, and management of their intellectual, structural, and relationship capital, vs. just focusing on or limiting the firm to delivering IP only services, i.e., patent searches and issuances.

There is absolutely no evidence to refute the reality that if will likely prove quite prudent for law firms to consider ‘carving out’ groups of existing or prospective clients currently being un-served or under-served insofar as their intangible assets are concerned.  To be sure, by skillfully and respectfully doing so carries a high probability of making clients happier and more satisfied and propel a firm to becoming a more lucrative differentiator in this expanding market space.

Again, by artfully and respectfully ‘getting under the skin of an existing or prospective client’ a clearer understanding can be achieved about which clients need and/or are (knowingly or unknowingly) seeking intangible asset related services.  By having intangible asset services and expertise, at the ready, and understanding that specific (legal) ‘jobs’ client’s need/want to get done, there is a cascading probability that client
expectations will rise accordingly which will contribute to making those law firm that possess intangible asset expertise to become a market space leader.

An important factor toward achieving this lies in respectfully communicating the enduring characteristics of intangible assets to existing as well as prospective clients, i.e.,

  • the irreversibility of the trend toward global economies that are increasingly dependent on – embedded with knowledge-based intangible assets, and
  • the (global) universality of intangible assets that play a consistent, but rapidly rising role in business transactions, company value, and sources of revenue.

A special thanks to A.G. Lafley’s and Roger L. Martin’s newly published book ‘Playing To Win’ for providing inspiration for this post.

My blog posts are researched and written by me with the genuine intent they serve as a worthy and respectful venue to elevate awareness and appreciation for intangible assets throughout the global business community.  Most of my posts focus on issues related to identifying, unraveling, and sustaining control, use, ownership, and monitoring asset value, materiality, and risk.  As such, my blog posts are not intended to be quick bites of information, unsubstantiated commentary, or single paragraphed platforms to reference other media. 

Comments regarding my blog posts are encouraged and respected. Should any reader elect to utilize all or a portion of any of my posts, attribution is expected and always appreciated. While visiting my blog readers are encouraged to browse other topics (posts) which may be relevant to their circumstance or business transaction.  I always welcome your inquiry at 314-440-3593 or m.moberly@kpstrat.com

Security Product Marketing and Deployment Should Emphasize Intangible Assets

February 8th, 2013. Published under Intangible asset strategy, Intangible asset training for management teams.. No Comments.

Michael D. Moberly   February 7, 2013

Important, but often overlooked aspects today to marketing – promoting security products, systems, and/or services is recognizing the globally universal economic fact that 65+% of most company’s value, sources of revenue, and ‘building blocks’ for growth, profitability, and sustainability today, lie in – evolve directly from intangible assets!

Thus, when security products are deployed properly and integrated with supportive practices and culture, their functionality is threefold, i.e., contribute to…

  1. safeguarding tangible (physical) assets, i.e., equipment, inventory, access control, intrusion detection, etc.
  2. producing valuable assets that are intangible, e.g., users’ sense – feeling of being (more) safe, secure, and productive, company reputation, structural and relationship capital, etc.
  3. mitigating risks to intangible assets., e.g. the best way to describe this is that today, any deal or transaction under consideration or about to be executed, valuable intangible assets will be not just be in play, they will be directly relevant to the outcome.

Number one and number two above are intuitive and generally, from my experience, serve as the primary starting points for framing promotional pitches related to security products because most buyers (aside from security practitioners) (a.) assume these outcomes are what’s needed – necessary and (b.) are unfamiliar (un-schooled) in other contributions and/or functions of security products, systems, or services like producing or mitigating risks to intangible assets.

With respect to #2 above, it’s essential, in my view, to incorporate the correct descriptor in ‘the pitch’, i.e., intangible asset to (a.) elevate awareness of the assortment of intangible assets that are commonly embedded in every environments representing all business sectors, (b.) ensure the functionality – deliverables of security products are distinguished relative the sector they are deployed, and (c.) recognize intangible by-products of security products, systems, and services.

For example, when users of an environment, e.g., retail, office, etc., feel (sense) that environment respects their patronage or productivity by introducing sector specific security measures to make it as safe, secure, and productive/efficient as feasible, they will be inclined to return that respect by (a.) being a repeat customer/client, or (b.) be more productive and elevate employee retention rates.

Security product developers, producers, and vendors would be well served by adapting and incorporating variants of this (sector specific) language in their marketing/promotional materials and/or sales pitches.  Again, the rationale for incorporating this language is that today’s business environment is global, increasingly competitive, predatorial, and aggressive, and dominated by knowledge-intangible asset intensive firms regardless of sector.

It seems obligatory then, that security products, and how they are marketed, promoted, and ‘pitched’ reflect these irreversible and paradigm shifting economic facts and business realities particularly as management teams, c-suites, and boards become more attuned to intangible assets in fiduciary (responsibility) contexts.

Various combinations of #1 and #2 are the dominant marketing – promotional messages relied upon by security product vendors.  However I have yet to hear a ‘pitch’ related to #2 using the correct descriptor, i.e., intangible assets.

Important, but often overlooked aspects today to marketing – promoting security products, systems, and/or services is recognizing the globally universal economic fact that 65+% of most company’s value, sources of revenue, and ‘building blocks’ for growth, profitability, and sustainability today, lie in – evolve directly from intangible assets!

Various combinations of #1 and #2 are the dominant marketing – promotional messages relied upon by security product vendors.  However I have yet to hear a ‘pitch’ related to #2 using intangible asset descriptors.

Here are two important guides…

1.      Focus on business realities and economic facts, i.e., 65+% of most company’s value, sources of revenue, and ‘building blocks’ for growth, sustainability, and profitability lie in – evolve directly from intangible assets. These are irrefutable. Every existing, as well as prospective client produces, possesses, and should be engaging their intangibles as part of their enterprise risk management program.

Real and sustainable value can be brought to clients by helping (training) them to identify, unravel, and sustain control, use, ownership, and monitor (asset) value, materiality, and risks. This can be achieved by respectfully guiding clients to recognize what intangible are, their relevance, and the expanding fiduciary responsibilities to safeguard them.

2.      The conventional practice of framing security product ‘pitches’ that emphasize fear, uncertainty, and doubt (FUD), while difficult to completely set aside, especially when existing and/or prospective clients are dismissive of and/or express reluctance to apply metrics or principles of enterprise risk management.

If security product (system, service) vendors commence engagements with a strong methodology and narrative that is not based exclusively on the subjective and conventional FUD approach, and instead, replace it with a ‘forward looking’ focus on safeguarding the value and sources of revenue produced by a client’s intangible assets, the probability of experiencing consistent success increases.

My blog posts are researched and written by me with the genuine intent they serve as a worthy and respectful venue to elevate awareness and appreciation for intangible assets throughout the global business community.  Most of my posts focus on issues related to identifying, unraveling, and sustaining control, use, ownership, and monitoring asset value, materiality, and risk.  As such, my blog posts are not intended to be quick bites of information, unsubstantiated commentary, or single paragraphed platforms to reference other media. 

Comments regarding my blog posts are encouraged and respected. Should any reader elect to utilize all or a portion of any of my posts, attribution is expected and always appreciated. While visiting my blog readers are encouraged to browse other topics (posts) which may be relevant to their circumstance or business transaction.  I always welcome your inquiry at 314-440-3593 or m.moberly@kpstrat.com.

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‘Harvesting Intangible Assets’…A Review of Andrew Sherman’s Book!

January 22nd, 2013. Published under Book Review, Intangible asset training for management teams., Intangible Asset Value. No Comments.

(Harvesting Intangible Assets: Uncover Hidden Revenue In Your Company’s Intellectual Property  by Andrew J. Sherman)

Michael D. Moberly   January 22, 2014

Let me say at the outset, the perspectives put forth here regarding my assessment of Andrew Sherman’s ‘Harvesting Intangibles’, are dually rooted, first in a careful study of Sherman’s book, and second, a personal conversation (meeting).  Unmistakable takeaways of both are clear; Sherman literally radiates a strong passion for intangible assets! Too, he has the requisite practical knowledge, operational familiarity, legal training, and strategic visioning to effectively ‘bring it altogether’ and intersect intangible assets with positive business (transaction) outcomes.  Sherman truly recognizes and consistently conveys throughout his book, the increasingly strategic role intangibles play in companies (globally) as contributors to and generators of value, revenue, and sustainability.

To be sure, Sherman has very deservedly accumulated the requisite ‘street creds’ as many readers of this blog recognize him as a much respected, articulate, and forward looking thinker, and practical tactician in the intangibles’ arena, e.g., named by Fortune as one of the ‘Top Ten Minds in Small Business’ and Inc. magazine recognized him as one of the 19 leading resources and advocates for growing companies, of which intangible assets are clearly an important component.

‘Harvesting Intangibles’ is replete with Sherman’s sage counsel regarding the nexus of intangible assets and business.  This clearly and most properly positions him to be one of a respected handful of global ‘go to professionals’ on intangibles, particularly the millions of small, mid-size, early stage, and start-up firms, which concurrently form the foundation to the education and training company, ‘Grow Fast, Grow Right’ that he founded.

Sherman built ‘Harvesting Intangibles’ on a distinctive and understandable ‘agrarian’ metaphor platform in which he describes intangibles as being (a.) planted (developed or acquired), (b.) nurtured (cared for and integrated), (c.) safeguarded (protected), and of course (d.) harvested (applied, commercialized, and/or monetized) at opportune times.  This sequence is necessary, Sherman advocates, as the most correct path to maximize intangibles’ contributory value and sources of revenue, which most are capable.

Throughout ‘Harvesting Intangibles’, Sherman respectfully pushes many conventions (i.e.,past practices, antiquated attitudes) off the table by demonstrating that (a.) attitudes, i.e., this is the way it’s always been done, and if it doesn’t seem to be broken, why try to fix it, now?, and (b.) practices, i.e., balance sheets are an archaic measure of any company’s true intrinsic value, and are no longer well-suited for operating knowledge (intangible asset) intensive businesses.

Another strong positive is that Sherman uses a distinctively normative, but respectful, style (i.e., metaphors, language, etc.) to articulate his ideas, positions, and perspectives to aid readers, some of whom may be, up to this point, operationally unfamiliar with or disinterested in intangibles.  That includes not just c-suites and boards, but business unit management teams as well.  Of course Sherman’s objective is to respectfully aid them to more effectively identify, capture, and exploit the value and other contributory elements of (their) intangible assets through better asset management, stewardship, and oversight practices.

Too, Sherman has integrated numerous informative graphics and visuals in ‘Harvesting’ that are not merely modified replications of others’ work.  Instead, each graphic/visual can be readily grasped and conveys a positive strategic, rather than a fear orientation, which in my view is precisely the tact to take.  Equally favorably, Sherman’s graphics and visuals can be interpreted and framed by management teams for (asset) comparison and/or measurement-performance purposes.

As with many books, relatively small things resonate with readers that collectively set a book aside from it competitors.  One such example is that Sherman commences each chapter with a relevant and thought provoking quote which I found especially compelling and relevant to those of us who are truly ‘boots on the ground’ intangible asset practitioners.  For example, a quote attributed to Charles Browder (Chapter 6) is a follows…

“a new idea is delicate…it can be killed by a sneer or a yawn…it can be stabbed to death by a joke, or worried to death by a frown on the key person’s face.” 

For most intangible asset advocates and practitioners know this caricature represents as unfortunate business reality and have likely experienced it personally on numerous occasions. This example, along with countless others, already eluded to further reveals Sherman’s passion for and understanding of intangible assets.  Too, it adds much needed clarity that will respectfully elevate management teams’ operational familiarity with intangibles relative to (a.) their development, (b.) how they can be best exploited, and (c.) the all-important value proposition for a range of business sizes and sectors.

To address this further, Sherman includes countless real and thought provoking examples of  actual ‘harvesting intangibles’ to provide readers with practical insights which can be rapidly and efficiently applied by seasoned business leaders who recognize the rapidly expanding (fiduciary) responsibilities associated with managing and exploiting intangible assets.

Those still unfamiliar with Sherman’s work should not conclude ‘Harvesting Intangibles’ merely represents a ‘one hit wonder’.  Sherman has published numerous other books and articles of this caliber, many of which press a solidly framed business orientation for intangible assets to forever advance his unique theme of ‘harvesting intangibles’.

As readers of this blog know well, I am a strong advocate of intangible assets.  Such advocacy, as Sherman articulates so well, comes with responsibilities which ‘Harvesting Intangibles’ elevates, due in no small part to Sherman’s training and expertise in intellectual property matters.

And finally, who should be reading, not just ‘Harvesting Intangibles’, but other works of Sherman?   For me, the answer is straight forward, that is, most all have relevancy in university classrooms as well as company boardrooms!

Ultimately, a message I trust readers of ‘Harvesting Intangibles’ will quickly and readily recognize by page five, is that clinging to conventions of past practice that ignore, dismiss, or otherwise underestimate the role and contributory value of intangible assets and the responsibility to consistently and effectively engage them will lead to business adversity vs. business sustainability and profitability.

To be sure, Sherman’s book is certainly not one of the growing numbers of books that I, not-so-respectfully categorize as the ’10 easy steps from rags to riches in one minute per day’.  Instead, Sherman’s book is embedded with relevant, timely, and real knowledge framed in a manner that will not just add reasoned value to readers, but again, provide a viable and strategic path to more complete utilization of most every company’s intangible assets.

Harvesting Intangible Assets: Uncover Hidden Revenue In Your Company’s Intellectual Property  by Andrew J. Sherman.  American Management Association, 2012  (ISBN – 13: 978-0-8144-1699-0)

My blog posts are researched and written by me with the genuine intent they serve as a worthy and respectful venue to elevate awareness and appreciation for intangible assets throughout the global business community.  Most of my posts focus on issues related to identifying, unraveling, and sustaining control, use, ownership, and monitoring asset value, materiality, and risk.  As such, my blog posts are not intended to be quick bites of information, unsubstantiated commentary, or single paragraphed platforms to reference other media. 

Comments regarding my blog posts are encouraged and respected. Should any reader elect to utilize all or a portion of any of my posts, attribution is expected and always appreciated. While visiting my blog readers are encouraged to browse other topics (posts) which may be relevant to their circumstance or business transaction.  I always welcome your inquiry at 314-440-3593 or m.moberly@kpstrat.com.

Intangible Assets In 2013: Where Businesses Must Be…!

December 31st, 2012. Published under Intangible asset strategy, Intangible asset training for management teams., Managing intangible assets. No Comments.

Michael D. Moberly   December 31. 2012

Recognizing how and strategizing where and when intangibles ‘fit’ in a company’s 2013 strategic business plan is a New Year’s resolution that will almost guarantee efficiencies, profitability, and sustainability!  But first, we must agree at the outset, that, globally speaking, 65+% of most company’s value, sources of revenue, and building blocks for growth, sustainability, and profitability today either lie in or evolve directly from intangible assets!

That’s an economic fact – business reality that no, heretofore reluctant, reticent, or dismissive management team, c-suite, or board should needlessly squander any time debating or arguing, rather, just press forward with the knowledge that if executed correctly will, not may, produce impressive strategic outcomes, i.e., competitive advantages, more secure and profitable transactions, and equally important, extend a companies’ sustainability.

Far too often, this economic fact – business reality is dismissed and/or disregarded by management teams who either lack understanding, harbor misgivings, or simply don’t possess the necessary interest to unravel the embedded and sometimes camouflaged benefits and multipliers that well nurtured intangibles can consistently deliver for a company and the various transactions undertaken and/or engaged.  One rationale is that a percentage of management teams, c-suites, and boards, are quick to dismiss intangibles as being (too) esoteric, or worse, somehow irrelevant to their company, the nature of its business, and it strategic positioning.

Any unfamiliarity and/or uneasiness among some management teams, c-suites, and stakeholders about what intangible assets are, how to identify them, and assess their contributory value, and then utilize and/or extract value (from them) efficiently and profitability can and should be overcome.

An initial step is designing and executing the proverbial, but always essential business case (rationale), which, for intangible assets, require some intellectual capital to design and integrate an enterprise-wide (intangible asset) awareness campaign that include…

  • developing congenial asset identification, stewardship, management, and oversight practices
  • sustaining control, use, ownership, and monitoring value, materiality, risk, and assess asset performance.

Each component above represents an essential element to achieving success as measured by elevated profitability, growth, and sustainability.

Those possessing the requisite fortitude and business acumen already know that designing and executing a company-wide initiative will inevitably present its own set of challenges, in this instance, the reality that intangible assets that…

  • lack physicality, and
  • seldom, if ever, are accounted for – reported on company balance sheet or financial statement.

The following represent (some) key factors which I personally recommend, that management teams, c-suites, boards, and relevant stakeholders should fully consider when conceiving and designing the necessary business case for making their intangible assets an integral part of their business routine and strategic planning and positioning…

  1. Bring operational clarity to intangible assets through a repertoire of relevant examples applicable to a variety of industries and sectors in terms of not just their value, rather their contributory value…
  2. Draw attention to the importance of practicing consistent stewardship, oversight, and management of intangible assets, framed as fiduciary responsibilities, not merely as additional or unnecessary tasks…
  3. Describe how and why it’s necessary to not just identify intangibles, but unravel their origin, evolution, nurturing, ownership, control, defensibility, sustainability, and contributory value…
  4. Incorporate best practices for sustaining control, use, ownership, and monitoring value, materiality, and risks to the assets, why each it’s necessary and who the adversaries are likely to be in addition to – other than sector competitors…
  5. Articulate (intangible) asset valuation, contributory value, revenue conversion, and performance measure in understandable (plausible) ‘economics 101? contexts…
  6. Describe how to determine asset ‘suitability and contributory fit’ to particular initiatives, projects, and/or transactions relative to their transferability, life/value cycle, and risks, and retaining/transferring ownership rights…
  7. Demonstrate relationships between the production (acquisition) and use of intangibles relative to how they produce multiplier-effects, add company value, and deliver competitive advantages, sources of revenue and specific contributory value…
  8. Describe ways to position and/or bundle particular assets (when/if feasible) to achieve broader leveragability, competitive advantages, and value potential…
  9. Avoid reliance on subjective – worst case scenario anecdotes or tactic to convey (asset) risks and threats as a tool to attract attention…

My blog posts are researched and written with the intent they serve as a venue to elevate awareness and appreciation throughout the the global business community for the identification, use, contributory value, and measuring performance of many forms of intangible assets.  My blog posts are not intended to be either quick sound bytes or merely commentary or references to other existing blogs.  Comments regarding my blog posts are encouraged and respected. Should any reader elect to utilize all or a portion of any of my posts, attribution is expected and always appreciated. While visiting my blog readers are also encouraged to browse other topics (posts) which may be relevant to their circumstance or transaction.  And, I always welcome your inquiry at 314-440-3593 or m.moberly@kpstrat.com.

Patents Are Just Intangible Assets Suitable For Framing…!

December 19th, 2012. Published under Intangible asset strategy, Intangible asset training for management teams.. No Comments.

Michael D. Moberly    December 19, 2012

There’s really no difference between a patent and an intangible asset. In fact intellectual properties, of which patents are one, are merely one type or category of intangible asset. The only difference is that a patent, once issued by the U.S. Patent and Trademark Office (USPTO) can assume sort of a tangible or physical property insofar as it can be framed and hung on an office wall as a testament of one’s work. Frequently, much to the chagrin of intangible asset strategists, intellectual property, i.e., patents particularly, are the presumptive ‘brass ring’ which technology transfer managers, researchers, inventors, and legal counsel, etc., set their sights, sometimes, I believe, merely because there is no intangible asset specialist – strategist available to identify and articulate alternatives. Too, obtaining a patent conveys expertise, a sort of instantaneous, but sometimes, short-lived credibility, particularly in the academic arena.

I also suspect, somewhat respectfully, that deference is often attached to patent (only) strategies based on the time honored perspective that an issued patent conveys a sense of ownership and certain legally defensible rights, technically speaking.

Feeding this ‘patent only’ strategy is the widely held, but mistaken assumption that an issued patent constitutes a stand alone deterrent to, or safe harbor from would be infringers. However, the costs associated with obtaining, maintaining, and defending patents are considerable, making the proverbial ‘patent only’ tract, at least in my view, more risky, out-of-reach for frugal inventors and innovation regimes, absent committed and deep pocketed investors.

In today’s increasingly aggressive, globally predatorial, and winner-take-all (global) R&D and business transaction environments, patents are in a constant state of risk to infringement, counterfeiting, misappropriation, theft, etc., from a host of legacy free players, independant brokers, and state-sponsored entities most of whom are engaged in some form of economic (industrial) espionage.

That said, those who have participated in venture capital forums where inventor’s seeking investment make the proverbial ‘elevator pitch’ to a shrinking audience of venture capitalists and other types of prospective investors know that the inevitable ‘what is your IP position’ question will be asked, as sort of a faux affirmation that a patent only strategy is both the preferred and necessary option.

To be sure, at the 30,000 foot level, an inventors’ answer to the ‘what is your IP position’ question may appear to be a deal breaker for ‘invest – don’t invest’ decisions, or constitute a duty of sorts levied against the inventor.

But, in a growing percentage of circumstances, and I say this with the utmost respect, there are comparatively few researchers – inventors working at the 30,000 foot level, rather most are working at the ground floror level, and should realize the ‘gatorades and royalties’ (University of Florida, 1965) are really few and far between.

Again, patents are expensive to obtain, maintain, and defend. And, even if the entire patenting process goes smoothly for an inventor (company, institution, etc.) issued patents still remain at risk with the inventor, along with other professionals associated with an R&D process or its adminstration may stumble. That is, the research product will become entangled and/or ensnared in various legal disputes and challenges, fail to be effectively marketed, and/or resources being curtailed or withdrawn which are necessary to maintain the patent.

In far too many instances, I find the intangible asset offspring (enablers) of IP. e.g., patents, are overlooked, dismissed, or overshadowed by the assumption that the time honored practice – strategy of pursuing conventional intellectual property, i.e., patent applications, provisionals, issuances, licensing, etc., are perceived as either the best or only option. Of course, I disagree!

To that point, an analogy may be in order. When one seeks the guidance of SEO (search engine optimization) firms for example, to promote one’s website and/or blog, etc., the SEO’s business development – marketing officers’ lead statement will consistently be some variation of the following, ‘we’ll get you on page one of Google’! The reality is, there is no guarantee that getting a website or blog post on page one of Google will produce conversions that many mistakenly assume will evolve merely because something one has written has successfully maneuvered its way through the ‘google algorithm gods’ and found its was to page one, temporarily.

Yes, entrepreneurs can rationalize that all it takes is one good (the right) ‘conversion’ to kick start a company down the path to riches. But, reaching ‘page one of Google’ may not be all that a startup company really needs to achieve sustainable success. Instead, they are likely to be in need of a well-coordinated, focused, and specific strategy that effectively utilizes an array of internet resources and social media that presents many different options for exposure and conversion potential, not merely one!

So, for the foreseeable future, inventors, researchers, companies, and institutions who engage in R&D, perhaps their initial call should not be to (intellectual property) legal counsel, rather to an intangible asset specialist-strategist who can identify, unravel, and assess the enabling intangible assets and offer a variety of options and strategies that ‘fit best and work best’!

Comments regarding my blog posts are encouraged and respected. Should any reader elect to utilize all or a portion of this post, attribution is expected and always appreciated. While visiting my blog readers are encouraged to browse other topics (posts) which may be relevant to their circumstance. And, I always welcome your inquiry at 314-440-3593.