In today’s innovation-driven landscape, intangible assets have emerged as a leading driver of growth for technology companies. These intangible assets, which include intellectual property, customer data, and proprietary software, hold a significantly larger share of value compared to physical assets. Recent analysis demonstrates that intangible assets account for as much as 90% of the market value of the entire S&P 500, surpassing $21 trillion in value on that exchange alone, which is five times more than tangible holdings like real estate and equipment.

The dominance of intangible asset value has grown remarkably over the past few decades, representing a permanent shift towards an innovation-oriented economy. Globally, the value of intangible assets is even more impressive, with projections reaching $1 quadrillion by 2050. Unsurprisingly, the world’s most valuable companies, such as Apple and Amazon, are also the ones richest in intangible assets, emphasizing the critical role these assets play in determining a company’s success.

As the general counsel or chief legal officer for an innovation company, one of your primary responsibilities is orchestrating the alignment of the company’s business strategies around the identification, capture, and protection of their intangible assets, especially intellectual property. A rigorous IP alignment strategy is vital for your client’s ongoing viability. Failing to protect their innovations and brands can expose them to various risks and hinder their growth potential.

Over the course of this series, we’ll discuss the varying roles a technology company’s legal team can play in guiding their client’s IP strategy in order to help them best leverage their intangible assets. 

In this installment, we’ll introduce the ways in which a technology company’s intangible assets function as their primary value driver, working to increase market share, stay ahead of their competition, and position themselves at the cutting edge of innovation.

Understanding the Value of an IP-Aligned Business Strategy

The significance of IP in shaping an innovation and technology company’s market value arises from its ability to create barriers to entry for competitors. Patents, trademarks, copyrights, and trade secrets shield a company’s innovations and brands, preventing others from capitalizing on their ideas. By securing IP rights, companies gain the leverage to charge premium prices for their products and services, attract investors, and expand their market share. These valuable IP assets can be licensed, sold, or used as collateral, opening up new revenue streams and opportunities for growth.

To ensure the long-term viability of the businesses you represent, your role as legal counsel goes beyond a reactive posture of helping your clients to avoid risk. You must work with them to adopt a proactive business strategy that aligns with a focused IP approach that emphasizes the importance of protective instruments like patents and trademarks as a valuable asset class. Prioritizing an IP-aligned strategy enables companies to stay competitive, foster innovation, and establish themselves as leaders within their industries.

Increased Market Share

Building, protecting, and expanding market position is a critical pillar of enterprise strategy. An effective IP strategy establishes a structured model for how the enterprise will grow, build market share, and fend off competitive encroachment. As part of a proactive approach to legal representation, helping your clients to incorporate intellectual property as a central consideration in managing and expanding market share is a core component in building market share.

A well-crafted market development strategy encompasses a wide range of considerations for innovation enterprises, and is most effective when IP is a key component of the company’s growth strategy. From market entry to competitive analysis, from product design to foreign expansion, every aspect of corporate growth is influenced by this strategic positioning.

By treating intangible assets and the legal instruments that protect them as a value-based asset class, you can help shape decision-making at the executive level and help to achieve a strong and sustainable market position.

Competitive Advantages

By incorporating IP into their growth strategy, innovation companies can achieve several competitive advantages to aid in their goals of expanded market share and sustained profitability.

  • Competitive Differentiation: Intellectual property protection gives a company a unique selling proposition, setting it apart from competitors. Patented innovations, trademarked brands, or copyrighted works distinguish a company’s offerings and attract a dedicated customer base.
  • Strong Barriers to Entry: IP rights, such as patents, can create barriers to entry for potential competitors, discouraging them from replicating products or technologies. This advantage allows the company to retain a significant share of the market.
  • Licensing and Partnerships: IP assets can be licensed to other companies, creating new revenue streams and fostering strategic partnerships. Through licensing agreements, a company can expand its reach and market presence without significant capital investments.
  • Market Expansion: Intellectual property protections facilitate a company’s expansion into new markets. With IP safeguards in place, a company can confidently explore foreign markets, knowing their innovations are secure from infringement.
  • Attracting Investors: A strong IP portfolio enhances a company’s attractiveness to investors. Investors are more likely to support companies with protected innovations, recognizing the potential for higher returns and long-term growth.

Innovation Leadership

A strong IP strategy that entails creating a culture of IP awareness within the enterprise fosters an environment of innovation within a company. Knowing that their innovations are valued and celebrated, developers are encouraged to pursue new ideas and push the boundaries of invention. This commitment to putting the value of intellectual property at the center of a business and legal strategy can have a trickle-down effect of encouraging the development of new groundbreaking products, propelling the company to a leadership position within the industry.

Additionally, businesses with a reputation for innovation will attract top talent, further bolstering their competitive edge. A company that embraces IP as a core value will have a more attractive value proposition to potential employees seeking to work in a cutting-edge and creative environment.

Conclusion

In the rapidly evolving landscape of innovation and technology, intangible assets, especially intellectual property, have emerged as the primary value driver for companies. These assets now hold an overwhelming share of a company’s market value, surpassing tangible holdings like real estate and equipment.

The greatest risk a small to mid-sized technology-driven enterprise faces is losing market share and falling behind in today’s innovation-oriented economy. A key way to bring value to your clients is to proactively orchestrate the alignment of the company’s business strategies around the identification, capture, and protection of their intangible assets with the help of specialized IP counsel. An IP-aligned business strategy, supported by a robust legal mechanism, will help to bolster market share, staying ahead of the competition, and positioning companies at the cutting edge of innovation. A culture of IP awareness within the enterprise fosters innovation, encouraging employees to pursue new ideas and push the boundaries of invention.

In the next article of this series, “Outlining the Major Threats to Your Client’s IP,” we will delve into the potential risks and challenges that innovation companies face in protecting their intellectual property. We will discuss how corporate legal practitioners can proactively identify and address these threats, ensuring their clients’ intangible assets remain secure and driving value for the company. Stay tuned to discover the best practices and strategies to safeguard your client’s innovations and maintain their position as industry leaders.

Michael Dilworth

This article is for informational purposes, is not intended to constitute legal advice, and may be considered advertising under applicable state laws. The opinions expressed in this article are those of the author only and are not necessarily shared by Dilworth IP, its other attorneys, agents, or staff, or its clients.