IP
Audits: Good Insurance
by Dan Templeton
Surprisingly,
in many companies intellectual property may be valued at over
50% of the firms market value. Often, this means the IP
is worth more than the physical plant and equipment.
When
the company employs operational excellence philosophies such as
Six Sigma and lean management, there is focus on the wastes within
the company. This focus includes both identification of the waste
and development of methods to remove the identified waste. Given
long enough most wastes are identified and reduced or removed.
However, one waste that most companies do not recognize is the
waste of the firms intellectual property.
As
a consequence, an audit of the firms intellectual property
ought to be an utmost priority. The audit should not only include
the obvious intangible IP assets such as patents or trademarks,
but additionally include IP policies and procedures. Specific
items are: confidentiality agreements, key employment agreements,
and software licenses and contracts.
In
an IP audit, all intangible assets should be properly identified
and inventoried. The inventory needs additionally to focus on
proper maintenance and assignment of the intellectual property,
especially if there has been a merger or acquisition. Beyond the
bookkeeping though, determinations are to be made as to whether
or not the assets have received the optimal form of IP protection.
For example, certain potentially patentable inventions may be
better left as trade secrets.
Another
example of waste to be liquidated includes protection of unneeded
or outdated IP assets. Aptimise offers analysis of critical as
well as unused assets and can provide recommendations for either
their disposition or protection. Unused assets can occasionally
be sold or licensed to others to generate additional revenue.
Planning
of the IP audit involves defining the scope as well as the individuals
to be accountable for each phase. Further, it should list what
documents will be reviewed and the types of reports to be written
in order to memorialize the findings.
Business
owners frequently wait until the last minute to conduct IP audits.
Waiting until a significant corporate event such as a merger,
acquisition, public offering, equity event, or bankruptcy is like
reviewing your medical insurance coverage while riding to the
hospital in the ambulance.
For
more information send an e-mail to dramsey@aptimise.com and one of our experts will be pleased to discuss your situation.