Intellectual Property Strategy: Aligning IP with Business Vision

In today’s innovation-driven economy, intellectual property is more than a legal safeguard — it’s a strategic tool to protect innovation, support business development, and generate value through IP rights. A well-defined IP strategy ensures that intangible assets are protected, exploited, and aligned with broader business and R&D objectives.

For large organizations, structuring and managing IP at scale requires coordination across departments, jurisdictions, and innovation pipelines. For SMEs, it means making strategic choices to protect and leverage key assets without overextending resources. For startups, it’s often about building credibility and securing investor trust through clear and proactive protection.

Because intellectual property plays a key role in corporate decision-making, it should be developed as an integral part of your long-term business strategy — not apart from it.

Improve IP supports you in designing and implementing tailored IP strategies aligned with your business models that secure your innovations and turn them into long-term business value. We also assist in identifying revenue opportunities through alternative business models that leverage your IP assets — whether through licensing, partnerships, or technology transfer.

Structuring an Effective IP Strategy

An effective IP strategy goes beyond registering rights — it connects intellectual property to the broader goals of innovation, competitiveness, and long-term value creation. As a core component of corporate strategy, IP must be managed with the same level of foresight and alignment as financial, commercial, or technological planning.

Depending on your company’s priorities and stage of development, an IP strategy may aim to protect key technologies, support internal innovation, recognize employee contributions, generate licensing revenue, reinforce negotiating positions, or secure access to new markets. In many cases, several of these objectives overlap and evolve as your business grows. There is no such thing as a standard IP strategy. Each IP strategy must be tailored to your priorities and budgetary constraints.

Managing a robust IP strategy looks different depending on the size, structure and ambitions of your organisation. Large corporations manage complex international portfolios, align IP activities with global R&D and business operations, and coordinate legal, technical, commercial and operational teams to optimize IP value creation. SMEs tend to focus on protecting differentiating assets while optimizing for cost and efficiency. Startups, meanwhile, prioritize building strong IP foundations that inspire investor trust and secure early-stage partnerships.

The following sections outline key considerations which should be carefully considered when establishing an IP strategy.

Building a Strategic IP Portfolio

The main consideration of an IP Strategy, and arguably the most crucial, is the construction of an IP portfolio. An IP portfolio not only protects your innovations and business assets, but also enhances your organization’s value, helps generate cash flows through licensing, supports partnership negotiations and increases collaboration opportunities, strengthens your market position, facilitates freedom-to-operate, encourages investments, reinforces your brand through innovation-driven communication, etc. As you understand, there are many reasons to build an IP portfolio — and strong strategic rationales exist for organizations of all sizes.

The first step in building an effective IP portfolio is to identify the intangible assets that can be protected in your organisation. Products, technical processes, designs, brands, software, databases and even know-how may qualify for different types of intellectual property rights (IPRs), provided they are secured at the right time (dating IPRs is fundamental). The identification process typically involves internal workshops with R&D, marketing, and legal teams, a review of ongoing innovation projects, and an audit of existing technical or commercial assets — ensuring that all protectable elements are spotted early. Our firm can help you define internal process for the early identification of IPRs and can help you cataloguing the existing ones. 

Once IP assets are mapped, you have to determine which ones should be protected, where (see Planning IP of international markets below) and how. This choice is extremely sensitive and depends on the IP strategy that is implemented. Not all assets require the same level of investment or legal coverage. The objective is to prioritize IP filings and concrete measures (dating is one of them) that create real value for your business, while balancing costs, risks, and strategic ambitions. An effective IP portfolio is not measured by its size alone (i.e. by the number of titles in the portfolio), but by its strategic relevance and alignment with business goals.

Determining which assets should be protected and the legal coverage of their protection looks different depending on the size, structure and IP ambitions of your organization. For example, a startup developing a new technology must carefully determine which innovations should be patented and which ones should be kept secret in order to strike the right balance between protection and cost.  In contrast, a multinational investing in a new technology may adopt a patent thickets strategy consisting of obtaining a dense web of overlapping intellectual property rights to prevent competitors from accessing the market or to force them to seek licenses. Again, there is no standard answer and the right filing strategy will depend on each organization. 

Improve IP assists clients in identifying, prioritizing, and protecting their intellectual property assets. We help you map your innovations, define a filing strategy aligned with your growth objectives, and ensure that your IP portfolio becomes a lasting competitive advantage rather than a mere accumulation of rights.

Planning IP for International Markets

A second consideration of an IP Strategy is planning IP for future markets, and not just considering your current markets. 

The main objectives are to ensure that your patents, trademarks, and designs will be enforceable in key markets in due time — and that your protection roadmap is adapted to your expansion targets.

To do so, and in view of the legislation of the IPRs, it is essential to consider the international dimension early on. That is, when defining your IP Strategy, your organization must envisage a potential expansion in targeted markets abroad, i.e. anticipate future opportunities abroad. Then, specific challenges should be adressed such as how to navigate jurisdictionnal differences, and how to manage timing, costs and legal risks.

Timing is critical. For both patents and trademarks, international expansion must be considered early — particularly due to priority deadlines. Patent applications must be extended within 12 months of the initial filing to benefit from the priority date of the initial filing and avoid self-collision that could destroy novelty. Trademark applications benefit from a six-month priority window, helping secure rights while maintaining a single filing timeline. Without advance planning, international protection may be compromised or significantly more costly.

Expanding IP protection in key markets abroad is not about replicating domestic filings in every jurisdiction. It requires making strategic decisions based on your global roadmap, target markets, competitor activity, and budget constraints. Filing too broadly can create unnecessary costs; filing too narrowly can leave valuable assets exposed.

Large corporations face the challenge of adapting their strategy to local legal and economic contexts. While they are generally well-versed in international frameworks such as the PCT or the Madrid Protocol to protect IPRs globally, certain procedural aspects at the national or regional level may be less well known — yet can be strategically leveraged to improve the IP strategy in several aspects, for example optimizing costs, timelines, or broaden the scope of protection. In other words, for large organizations, the challenge lies less in managing the global architecture of their IP portfolio — the macro level portfolio management, which is usually well defined and executed — and more in fine-tuning local implementation in jurisdictions where they lack in-house expertise — the micro level portfolio management. In such cases, they must rely on trusted external counsel to navigate procedural nuances and ensure alignment with business objectives on the ground.

At Improve IP, we specialize in patent prosecution before French (INPI) and European Patent Office (EPO), and we work with a trusted network of foreign associates to advise on local procedures worldwide. Depending on your business objectives and KPIs, we help you adjust your procedural strategy accordingly, either as external counsel or by by seconding one of our experts as in-house counsel if needed. In a concrete example, if one of your priorities is to obtain a fast grant before the EPO, we may request acceleration under the PACE service, rely on the Patent Prosecution Highway (PPH) if applicable, or waive communications under Rules 161 and 70(2) EPC. Conversely, if you prefer to delay grant — for instance to maintain uncertainty for competitors or align timelines with a product launch — we may slow down prosecution by relying on procedural extensions, such as those available under Article 121 EPC. We therefore ensure that your patent strategy remains aligned with business timelines and product development cycles — particularly in Europe.

Startups and SMEs, unlike large corporations that often use the PCT system to keep options open and delay costs, usually benefit from direct national filings in carefully selected countries or regions — typically those where manufacturing will occur, key clients are located, or competitors are active. This approach may limit geographical flexibility, but allows reducing costs and obtaining faster protection in the most relevant markets. In many cases, obtaining a granted patent quickly in a few strategic jurisdictions is more effective — and more affordable — than seeking broad international coverage. For modest organizations, having an enforceable right, even with a limited scope of protection, may be a better lever in partnership negotiations than a pending application with uncertain timing and scope of protection. Defining and executing an efficient IP strategy for international growth can be challenging for modest organizations without an in-house IP team. Without proper guidance, international IP filings may lead to disproportionate and unnecessary expenses. That is why we propose to operate as a dedicated internal IP department for startups and SMEs, providing tailored, high-level strategic guidance without the overhead of a full-time team.

Our experts assist you in structuring and managing the international dimension of your IP strategy. We help assess your expansion plans, identify priority jurisdictions, and coordinate your international filings to ensure that your IP protection evolves with your business — and supports growth where it matters most.

Aligning IP Strategy with Business and Innovation Roadmaps

A third consideration of an IP strategy consists in continuously adapting and realigning IP assets with your company’s evolving business and innovation goals. An IP portfolio will deliver long-term value by remaining relevant in view of your corporate strategy, which requires ongoing coordination with product development, marketing, and international expansion (see section above) objectives.

Aligning IP with your business trajectory means embedding IP considerations into strategic decision-making — not only during product development or R&D cycles — but also when planning market entry, establishing partnerships, or adjusting business models. Strategic IP alignment also involves anticipating competitor moves and market shifts. Monitoring patent landscapes, freedom-to-operate risks, and emerging technologies helps organizations adjust their innovation trajectory and file proactively in high-stakes areas.

The practical implementation of this alignment depends on your company’s structure, resources, and strategic priorities. While all organizations benefit from connecting IP with business and innovation planning, the approach and instruments used will vary accordingly.

For example, a SME offering data analytics software may begin by relying on copyright and trade secret protection. As it pivots from a direct sales model to licensing through integrators, the company may reinforce its contractual IP clauses and strategically disclose selected assets to foster partnerships. This allows the IP strategy to support the business model transition in a cost-effective manner, aligned with the startup’s financial constraints.

Conversely, larger companies with greater resources and broader international exposure require a more structured and anticipatory approach. A multinational preparing for commercial expansion in Europe may adapt its strategy well in advance by extending patent families — through the PCT, the EPO or direct national filings — to target jurisdictions and securing local trademark registrations.  This proactive alignment minimizes legal risk, protects branding, and facilitates local partnerships, ensuring a smoother market entry and long-term IP stability. Such a strategy, however, requires a higher level of planning and investment, which is often necessary at that scale to secure market access, manage enforcement risk, support commercial negotiations, and potentially negotiate freedom to operate through cross-licensing arrangements. For a startup, pursuing this level of international coverage would rarely be justified or sustainable.

At Improve IP, we help you maintain the strategic alignment of your IP with your business objectives over time. We advise your R&D, legal, and executive teams to ensure your IP priorities evolve in synchronization with your evolving products, commercial goals, and innovation roadmap. We also offer to go beyond these services by identifying untapped business potential in your existing IP assets. Based on an analyzis of your current portfolio and a solid understanding of your business, we seek to identify new ways to generate value, including business models or revenue streams that may not have been previously considered by your teams. 

IP Strategy as a Business Enabler

As highlighted in the previous sections, your IP strategy should be carefully designed and integrated into your organization’s overall strategy at the highest level in order to generate maximum value.
Given the significant investments required to secure intellectual property rights, it is essential to involve qualified experts — whether internal or external — to structure and implement an efficient strategy, avoid unnecessary costs, and ensure appropriate protection.

This strategic approach must also be translated into concrete legal instruments. IP-related contracts — such as confidentiality agreements (NDAs) or licensing agreements — are key tools to structure collaborations, secure ownership, and extract value from innovation.

Improve IP assists you in defining and executing your IP strategy, both at the macro and micro level.
If you do not yet have a formal IP strategy, we can work alongside you to shape it from the beginning. Among other services, we can provide your teams with practical training to identify and leverage your IP assets, or we can draft the contractual tools needed to support your business.

Alternatively, if your organization already has a mature and well-structured IP strategy, we offer deep expertise in French and European patent systems, including the latest developments surrounding the Unified Patent Court (UPC). We leverage the procedural nuances before the INPI, the EPO, and the UPC to your service, for example to optimize cost-to-coverage ratios, accelerate or delay examination timelines, or assert your existing rights before the Court.

 

Let’s talk about your IP Strategy and how we can help you improve it