Cause to Pause - aka Alternative Barriers to Entry

Traditional IP protections (patents, trade registrations etc) are often not the appropriate mechanism by which a business can maintain its competitive edge.  A good IP strategy examines all possible barriers to entry, how they can influence business operations and where to formalise IP protection when these operations do not provide the desired security.

Businesses should challenge their assumptions about the perceived strength of barriers to entry in a market so that they make decisions where to invest their efforts and money with a full knowledge of risks and costs.

For me it is all about advantage of providing your competitors with a “Cause to Pause”.

Here are some challenges. See me for some solutions…

Personnel

Business: "We have the best researcher in this area!"
Challenge: "Excellent. But what if they leave or get hit by a bus?"

Niche Market

Business: "It is a niche market in which there is no room for our competitors."
Challenge: "Great, but have you considered other opportunities?"

Supply

Business: "I have an exclusive supply of the key ingredient."
Challenge: "How do you know?"

Regulatory Approval

Business: "We have FDA approval and it will cost too much or take too much time for competitors to run equivalent trials."
Advisor: "Do they need to conduct the trials if they can show they have an identical product to yours?"

First To Market

Business: "We are going to be first to market which will give us an advantage over everyone else."
Advisor: "Really?"

Disorganised Competition

Business: "Our competitors don't have their act together."
Advisor: "So how long is that going to last?"

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Brand Meshing

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9 special IP considerations for Life Sciences