Shipulski On Design

Archive for the ‘Innovation’ Category

Doing new work isn’t difficult, thinking about is difficult.  Stop thinking and start starting; there’s no other way.

If you’re a scientist, everything has a half-life.  If you’re Buddhist, everything is impermanent.  If you’re a CEO, your business model is out of gas.  It’s scary to admit everything goes away, but it’s far scarier to deny it.

Just because an idea is threatening doesn’t mean it’s threatening.  It probably means it’s one hell of a good idea.

If it’s not different, it can’t be innovation.

Projects take too long because they’re poorly defined.  On a single page, define the novel usefulness the project will deliver, make a crude prototype and show it to potential customers. Refine, learn and repeat. Then launch it.  (This is the essence of Lean Startup without all the waste.)

If I could choose my competition, I’d choose to compete with no one.

Failure is never the right word.  Don’t use it.  Ever.  (Even failing forward or forward failing should not be used.)  No one wants to fail.  No one will ever want to fail.  Replace of the word “failure” with “learning” and learn quickly.

If you’re not scared, you’re not doing innovation.

Companies offer more-with-less for as long as they can; and when there’s nothing left they offer more-with-more. It would be better to offer less-with-far-less.

For Franklin D. Roosevelt, the only thing to fear was fear itself.  For business, the only thing to fear is the cow path of success.

Image credit – JasonParis

When the work is new, it all comes down to learning.  And with learning it all comes down to three questions:

• What do you want to learn?
• What actions will take to learn what you want to learn?
• How will you decide if you learned what you wanted to learn?

There are many definitions of learning.  To me, when your beliefs change, that’s learning.  If your hunch moves to a validated idea, that’s learning.  If your understanding of a system moves from “I don’t know” to “I know a little bit.”, that’s learning.  If you believed your customers buy your product for Feature A and now you know they really buy it because of Feature B, that’s learning.

What do you want to learn? The best place to start is to clearly define what you want to learn.  Sounds easy, but it’s not. Some of the leading thinking recommends you define a formal hypothesis.  I don’t like that word.  It’s scary, intimidating and distracting.  It’s just not helpful.  Instead, I suggest you define a Learning Objective.  To do that, complete this sentence:

I want to learn if the customer ____________________.

It may take several iterations/meetings to agree on a Learning Objective, but that’s time well spent.  It’s faster to take the time to define what you want to learn than to quickly learn something that doesn’t matter.  And define the Learning Objective as narrowly as possible.  The tighter the Learning Objective, the faster you can learn it.

What actions will you take to learn what you want to learn? In other words, for every Learning Objective create a Learning Plan.  Use the Who, What, When format.  Define Who will do What and When they’ll be done.  To increase the learning rate, define the minimum work to fulfill the narrowly-defined Learning Objective.  Just as you defined the Learning Objective narrowly, define the Learning Plan narrowly.  And to further speed the learning, set constraints like – no one can travel to see customers; no more than five customers can be contacted; and the Learning Plan must be completed in two days.  You’re not looking for large sample sizes and statistical significance; you’re looking to use your best judgement supported by the minimum learning to create reasonable certainty.

How will you decide if you learned what you wanted to learn? Learning requires decisions, decisions require judgement and judgement requires supporting information.  As part of the Learning Plan, define the Learning Information you’ll collect/capture/record to support your decisions.  Audio recordings are good and video is better.  For fast learning, you can record a phone call with a customer or ask them to share their webcam (and record the feed) as you talk with them.  Or you can ask them to shoot some video with their smart phone to provide the information needed to achieve you Learning Objective.

To analyze the data, it’s best to review the audio/video as a group and talk about what you see.  You should watch for body language as well as listen to the words.  Don’t expect complete agreement among your team and expect to create follow-on Learning Objectives and Learning Plans to answer the open questions.  Repeat the process until there’s enough agreement to move forward, but don’t wait for 100% consensus.

When you present your learning to company leadership, show the raw video data that supports your learning.  Practically, you’ll connect company leaders to customers and let the customers dispel long-held biases and challenge old thinking.

There’s nothing more powerful than a customer telling your company leaders how things really are.

Image credit – Thomas Hawk

With creativity, the leading thinking says the most important thing is to create many of ideas.  When asked to generate many of ideas, the thinking goes, the team lets go of their inhibitions and good ideas slip through their mental filters.  I’ve found that thinking misleading.  I’ve found that creating many ideas results in many ideas, but that’s it. Before the session to create new ideas, you already had a pile of ideas you weren’t working on, and after the session is bigger, but not better.

What’s needed is several outlandish ideas that make your hair stand on end. The ideas should be so different that they cause you to chuckle to mask your discomfort.  These ideas should be borderline unbelievable and just south of impossible. The ideas should have the possibility to change the game and tip your industry on its head.

The “many ideas” thinking has the right intent – to loosen the team’s thinking so they generate good ideas, but the approach is insufficient.   To force the team to generated outlandish ideas they must be turned inside-out and put on the rack.  Heretical ideas don’t come easily and drastic measures are needed.  The team must be systematically stripped of the emotional constraints of their success using the Innovation Burst Event (IBE) method.

To prepare for the IBE, a reward-looking analysis is done to identify traditional lines of customer goodness (for example, miles per gallon for automobiles) and define how that goodness has changed over time (position it on the S-curve.)  If the improvement has been flat, it’s time for a new line of customer goodness, and if the goodness is still steadily increasing, it’s time to create a new technology that will provide the next level of improvement.  With this analysis the disposition of the system is defined and potentially fertile design space is identified.  And within this design space, design challenges are created that force the team to exercise the highly fertile design space during the IBE.

Everything about the IBE is designed to strip the team of its old thinking.  The IBE is held at an offsite location to change the scenery and eliminate reminders of traditional thinking and good food is served to help the team feel the day is special.  But the big medicine is the design challenges.  They are crafted to outlaw traditional thinking and push the team toward new thinking.  The context is personal (not corporate) and the scale of the challenge is purposefully small to help the team let go of adjacent concerns.  And, lastly, the team is given an unreasonably short time (five to ten minutes) to solve the problem and build a thinking prototype (a prototype that stands for an idea, not at functional prototype.)

Everything about the IBE helps the team let go of their emotional constraints and emit eye-watering solutions.  The design challenges force them to solve problems in a new design space in a way and does not give them a chance to limit their thinking in any way.  The unrealistic time limit is all-powerful.

Four design challenges is about all team can handle in the one-day IBE.  With the IBE they come up with magical ideas clustered around four new areas, new areas that have the potential to flip your industry on its head.  In one day, a team can define market-changing ideas that obsolete your best products and even your business model.  Not bad for one day.

It may be popular wisdom that it’s best to create many new ideas, but it’s not the best way.  And it contradicts popular belief that a team can create three or four game-changing ideas in a single day.  But the IBEs work as advertised.

Don’t waste time creating a pile of ideas.  Spend the time to identify fertile design space and hold a one-day IBE to come up with ideas that will create your future.

Image credit – moonjazz

Is it disruptive? Is it innovative? Two meaningless questions. Two questions to stop asking. More strongly, stop using the words “disruptive” and “innovative” altogether. Strike them from your vocabulary and replace them with novel, useful, and successful.

Argument is unskillful but analysis is skillful. And what’s needed for analysis is a framework and some good old-fashioned quantification. To create the supporting conditions for an analysis around novelty, usefulness, and successfulness, I’ve created quantifiable indices and a process to measure them. The process starts with a prototype of a new product, service or business model which is shown to potential customers (real people who do work in the space of interest.)

The Novelty Index. The Novelty Index measures the difference of a product, service or business model from the state-of-the-art. Travel to the potential customer and hand them the prototype. With mouth closed and eyes open, watch them use the product or interact with the service. Measure the time it takes them to recognize the novelty of the prototype and assign a value from 0 to 5. (Higher is better.)
5 – Novelty is recognized immediately after a single use (within 5 seconds.)
4 – Novelty is recognized after several uses (30 seconds.)
3 – Novelty is recognized once a pattern emerges (10-30 minutes.)
2 – Novelty is recognized the next day, once the custom has time to sleep on it (24 hours.)
1 – A formalized A-B test with statistical analysis is needed (1 week.)
0 – The customer says there’s no difference. Stop the project and try something else.

The Usefulness Index. The Usefulness Index measures the level of importance of the novelty. Once the customer recognizes the novelty, take the prototype away from them and evaluate their level of anger.
5 – The customer is irate and seething. They rip it from your arms and demand to place an order for 50 units.
4 – The customer is deeply angry and screams at you to give it back. Then they tell you they want to buy the prototype.
3 – With a smile of happiness, the customer asks to try the prototype again.
2 – The customer asks a polite question about the prototype to make you feel a bit better about their lack of interest.
1 – The customer is indifferent and says it’s time to get some lunch.
0 – Before you ask, the customer hands it back to you before you and is happy not to have it. Stop the project and try something else.

The Successfulness Index. The Successfulness Index measures the incremental profitability the novel product, service or business model will deliver to your company’s bottom line. After taking the prototype from the customer and measuring the Usefulness Index, with your prototype in hand, ask the customer how much they’d pay for the prototype in its current state.
5 – They’d pay 10 times your estimated cost.
4 – They’d pay two times your estimated cost.
3 – They’d pay 30% more than your estimated cost.
2 – They’d pay 10% more than your estimated cost.
1 – They’d pay you 5% more than your estimated cost.
0 – They don’t answer because they would never buy it.

The Commercialization Index. The Commercialization Index describes the overall significance of the novel product, service or business model and it’s calculated by multiplying the three indicies. The maximum value is 125 (5 x 5 x 5) and the minimum value is 0. Again, higher is better.

The descriptions of the various levels are only examples, and you can change them any way you want. And you can change the value ranges as you see fit. (0-5 is just one way to do it.) And you can substitute actual prototypes with sketches, storyboards or other surrogates.

Modify it as you wish, and make it your own. I hope you find it helpful.

Image credit – Nisarg Lakhmani

At the most basic level, business is about allocating resources to the best projects and executing those projects well.  Said another way, business is about deciding what to work on and then working effectively.  But how to go about deciding what to work on?  Here is a cascade of questions to start you on your journey.

What are your company’s guiding principles?  Why does it exist? How does it want to go about its life?   These questions create context from which to answer the questions that follow.  Once defined, all your actions should align with your context.

How has the business environment changed? This is a big one.  Everything is impermanent.  Change is the status quo.  What worked last time won’t work this time.  Your success is your enemy because it stunts intentions to work on new things.  Define new lines of customer goodness your competitors have developed; define how their technologies have increased performance; search YouTube to see the nascent technologies that will displace you; put yourself two years in the future where your customers will pay half what they pay today.  These answers, too, define the context for the questions that follow.

What are you working on? Define your fully-staffed projects. Distill each to a single page. Do they provide new customer value?  Are the projects aligned with your company’s guiding principles? For those that don’t, stop them.  How do your fully-staffed projects compare to the trajectory of your competitors’ offerings?  For those that compare poorly, stop them.

For projects that remain, do they meet your business objectives?  If yes, put your head down and execute.  If no, do you have better projects?  If yes, move the freed up resources (from the stopped projects) onto the new projects.  Do it now.  If you don’t have better projects, find some.  Use lines of evolution for technological systems to figure out what’s next, define new projects and move the resources.  Do it now.

The best leading indicator of innovation is your portfolio of fully-staffed projects.  Where other companies argue and complain about organizational structure, move your best resources to your best projects and execute.  Where other companies use politics to trump logic, move your best resources to your best projects and execute.  Where other successful companies hold on to tired business models and do-what-we-did-last-time projects, move your best resources to your best projects and execute.

Be ruthless with your projects.  Stop the bad ones and start some good ones. Be clear about what your projects will deliver – define the novel customer value and the technical work to get there.  Use one page for each.  If you can’t define the novel customer value with a simple cartoon, it’s because there is none.  And if you can’t define how you’ll get there with a hand sketch, it’s because you don’t know how.

Define your company’s purpose and use that to decide what to work on.  If a project is misaligned, kill it. If a project is boring, don’t bother.  If it’s been done before, don’t do it.  And if you know how it will go, do something else.

If you’re not changing, you’re dying.

Image credit – David Flam

I don’t believe the role of Chief Innovation Officer has a place in today’s organizations.  Today, it should be about doing the right new work to create value.  That work, I believe, should be done within the organization as a whole or within dedicated teams within the organization. That work, I believe, cannot be done by the Chief Innovation Officer because the organizational capability and capacity under their direct control is hollow.

Chief Innovation Officers don’t have the resources under their control to do innovation work.  That’s the fundamental problem.  Without the resources to invent, validate and commercialize, the Chief Innovation Officer is really the Chief Innovation Mascot- an advocate for the cause who wears the costume but doesn’t have direct control over the work.

Companies need to stop talking about innovation as a word and start doing the work that creates new products and services for new customers in markets.  It all starts with the company’s business objectives (profitability goals) and an evaluation of existing projects to see if they’ll meet those objectives.  If they will, then it’s about executing those projects. (The Chief Innovation Officer can’t help here because that requires operational resources.)  If they won’t, it’s about defining and executing new projects that deliver new value to new customers. (Again, this is work for deep subject matter experts across multiple organizations, none of which work for the Chief Innovation Officer.)

To create a non-biased view of the projects,  identify lines of customer goodness, measure the rate of change of that goodness, assess the underpinning technologies (momentum, trajectory, maturity and completeness) and define the trajectory of the commercial space. This requires significant resource commitments from marketing, engineering and sales, resource commitments The Chief Innovation Officer can’t commit.  Cajole and prod for resources, yes.  Allocate them, no.

With a clear-eyed view of their projects and the new-found realization that their projects won’t cut it, companies can strengthen their resolve to do new work in new ways.  The realization of an immanent shortfall in profits is the only think powerful enough to cause the company to change course.  The company then spends the time to create new projects and (here’s the kicker) moves resources to the new projects.  The most articulate and persuasive Chief Innovation Officer can’t change an organization’s direction like that, nor can they move the resources.

To me it’s not about the Chief Innovation Officer.  To me it’s about creating the causes and conditions for novel work; creating organizational capability and capacity to do the novel work; and applying resources to the novel work so it’s done effectively.  And, yes, there are tools and methods to do that work well, but all that is secondary to allocating organizational capacity to do new work in new ways.

When Chief Innovation Officer are held accountable for “innovation objectives,” they fail because they’re beholden to the leaders who control the resources. (That’s why their tenures are short.)  And even if they did meet the innovation objectives, the company would not increase it’s profits because innovation objectives don’t pay the bills.    The leaders that control the resources must be held accountable for profitability objectives and they must be supported along the way by people that know how to do new work in new ways.

Let’s stop talking about innovation and the officers that are supposed to do it, and let’s start talking about new products and new services that deliver new value to new customers in new markets.

Image credit – Neon Tommy

Whether you’re a country, company, organization, or team, revolution is your mortal enemy.  And that’s why the systems of established organization are designed to prevent impending revolutions and squish those that grow legs. And that’s why revolutions are few and far between. (This is bad news for revolutionary innovation and radical change.)

With regard to revolutions, it’s easiest to describe the state of affairs for countries.  Countries don’t want revolutions because they bring a change in leadership.  After a revolution, the parties in power are no longer in power.  And that’s why there are no revolutions spawned by those in power.  For those in power it’s steady as she goes.

Revolutions are all about control.  The people in control of a country want to preserve the power structure and the revolutionaries want to dismantle it.  (Needless to say, country leaders and revolutionaries don’t consider each other good dinner company.)  And when the control of a country is at stake, revolutions often result in violence and death.  With countries, revolution is a dangerous game.

With regard to revolutions, companies are supposed to be different from countries.  Companies are supposed to reinvent themselves to grow; they’re supposed to do radical innovation and obsolete their best products; and they’re supposed to abandon the old thinking of their success and create revolutionary business models.  As it turns out, with regard to revolutions, companies have much more in common countries than they’re supposed to.

Like with a country, the company’s leadership party is threatened by revolution.  But the words are a bit different – where a country calls it revolution, a company calls it innovation.  And there’s another important difference.  Where the president of a country is supposed to prevent and squelch revolutions, the president of a company is supposed to foster and finance revolutionary innovation.  The president of a country has an easier time of it because everyone in the party is aligned to block it.  But, the president of the company wants to bring to life the much needed revolutionary innovation but the powerful parties of the org chart want to block it because it diminishes their power.  And it’s even trickier because to finance the disruptive innovation, the company president must funnel profits generated by the dominant party to a ragtag band of revolutionaries.

Where revolutionaries that overthrow a country must use guerilla tactics and shoot generals off their horses, corporate revolutionaries must also mock convention.  No VPs are shot, but corporate innovators must purposefully violate irrelevant “best practices” and disregard wasteful rigor that slows the campaign.  And, again, the circumstances are more difficult for the company president.  Where the country president doesn’t have to come up with the war chest to finance the revolutionaries overthrowing the country, the company president must allocate company profits for a state-funded revolution.

Just as revolutions threaten the power structure of countries, innovation threatens the power structure of companies.  But where countries desperately want to stifle revolutions, companies should desperately want to enable them.  And just as the rules of engagement for a revolution are different than government as usual, the rules of engagement for revolutionary innovation are different than profitability as usual.  With revolution and innovation, it’s all about change.

Revolutions require belief – belief the status quo won’t cut it and belief there’s a better way.  Innovation is no different.  Revolutions require a band of zealots willing to risk everything and a benefactor willing to break with tradition and finance the shenanigans.  And innovation is no different.

Image credit — Lee Wright

Once you have a project to work on, it’s always a challenge to choose the first task.  And once finished with the first task, the next hardest thing is to figure out the next next task.

Two words to live by: Critical Path.

By definition, the next task to work on is the next task on the critical path.  How do you tell if the task is on the critical path?  When you are late by one day on a critical path task, the project, as a whole, will finish a day late.  If you are late by one day and the project won’t be delayed, the task is not on the critical path and you shouldn’t work on it.

Rule 1: If you can’t work the critical path, don’t work on anything.

Working on a non-critical path task is worse than working on nothing.  Working on a non-critical path task is like waiting with perspiration.  It’s worse than activity without progress.  Resources are consumed on unnecessary tasks and the resulting work creates extra constraints on future work, all in the name of leveraging the work you shouldn’t have done in the first place.

How to spot the critical path? If a similar project has been done before, ask the project manager what the critical path was for that project.  Then listen, because that’s the critical path.  If your project is similar to a previous project except with some incremental newness, the newness is on the critical path.

Rule 2: Newness, by definition, is on the critical path.

But as the level of newness increases, it’s more difficult for project managers to tell the critical path from work that should wait.  If you’re the right project manager, even for projects with significant newness, you are able to feel the critical path in your chest.  When you’re the right project manager, you can walk through the cubicles and your body is drawn to the critical path like a divining rod.   When you’re the right project manager and someone in another building is late on their critical path task, you somehow unknowingly end up getting a haircut at the same time and offering them the resources they need to get back on track.  When you’re the right project manager, the universe notifies you when the critical path has gone critical.

Rule 3: The only way to be the right project manager is to run a lot of projects and read a lot.  (I prefer historical fiction and biographies.)

Not all newness is created equal.  If the project won’t launch unless the newness is wrestled to the ground, that’s level 5 newness. Stop everything, clear the decks, and get after it until it succumbs to your diligence.  If the product won’t sell without the newness, that’s level 5 and you should behave accordingly.  If the newness causes the product to cost a bit more than expected, but the project will still sell like nobody’s business, that’s level 2.  Launch it and cost reduce it later.  If no one will notice if the newness doesn’t make it into the product, that’s level 0 newness. (Actually, it’s not newness at all, it’s unneeded complexity.)  Don’t put in the product and don’t bother telling anyone.

Rule 4: The newness you’re afraid of isn’t the newness you should be afraid of.

A good project plan starts with a good understanding of the newness.  Then, the right project work is defined to make sure the newness gets the attention it deserves.  The problem isn’t the newness you know, the problem is the unknown consequence of newness as it ripples through the commercialization engine. New product functionality gets engineering attention until it’s run to ground.  But what if the newness ripples into new materials that can’t be made or new assembly methods that don’t exist?  What if the new materials are banned substances?  What if your multi-million dollar test stations don’t have the capability to accommodate the new functionality?  What if the value proposition is new and your sales team doesn’t know how to sell it?  What if the newness requires a new distribution channel you don’t have? What if your service organization doesn’t have the ability to diagnose a failure of the new newness?

Rule 5: The only way to develop the capability to handle newness is to pair a soon-to-be great project manager with an already great project manager. 

It may sound like an inefficient way to solve the problem, but pairing the two project managers is a lot more efficient than letting a soon-to-be great project manager crash and burn.  After an inexperienced project manager runs a project into the ground, what’s the first thing you do?  You bring in a great project manager to get the project back on track and keep them in the saddle until the product launches.  Why not assume the wheels will fall off unless you put a pro alongside the high potential talent?

Rule 6: When your best project managers tell you they need resources, give them what they ask for.

If you want to deliver new value to new customs there’s no better way than to develop good project managers.  A good project manager instinctively knows the critical path; they know how the work is done; they know to unwind situations that needs to be unwound; they have the personal relationships to get things done when no one else can; because they are trusted, they can get people to bend (and sometimes break) the rules and feel good doing it; and they know what they need to successfully launch the product.

If you don’t know your critical path, you don’t know very much.  And if your project managers don’t know the critical path, you should stop what you’re doing, pull hard on the emergency break with both hands and don’t release it until you know they know.

Image credit – Patrick Emerson

There are countless books and articles on innovation.  You can read how others have done it, what worked and what didn’t, how best to organize the company and how to define it.  But I have not read much about how it feels to do innovation.

Before anything meaningful can happen, there must be discontent or anger.  And for that there needs to be a realization that doing things like last time is a bad idea.   This realization is the natural outcome of looking deeply at how things really are and testing the assumptions of the status quo.  And the best way to set all this in motion is to do things that generate immense boredom.

Boredom can be created in two ways.  1. Doing the same boring work in the same boring way.  2. Stopping all activity for 30 minutes a day and swimming in the sea of your boring thoughts.  Both work well, but the second one works faster.

Next, with your discontent in hand, it’s time birth the right question.  Some think this the time for answers, but with innovation the real work is to figure out the question.  The discomfort of trying to discover the right question is seven times more uncomfortable the discomfort of figuring out the right answer.  And once you have the right question, the organization rejects you as a heretic. If the organization doesn’t dismiss you in a visceral way, you know you don’t have the right question.  You will feel afraid, but repeat the cycle until your question threatens the very thing that has made the company successful.   When people treat you like you threaten them, you know you’re on to something.

To answer your question, you need help from the organization, but the organization withholds them from you.  If you are ignored, blocked or discredited, you’re on the right path.  Break the rules, disregard best practices, and partner with an old friend who trusts you.  Together, rally against the organization and do the work to answer your question.  If you feel isolated, keep going.  You will feel afraid and you will second guess yourself.  Proceed to the next step.

Make a prototype that shows the organization that your question has an answer.  Don’t ask, just build.  Show the prototype to three people and prepare for rejection.  You and your prototype will be misunderstood and devalued.  Not to worry, as this is a good sign.  Revise the prototype and repeat.

Do anything you can to show the prototype to a customer.  Video the customer as they interact with the prototype.  You will feel afraid because you are breaking the rules.  This is how you should feel.  Keep going.

Set up a meeting with a leader who can allocate resources.  If you have to, set up the meeting under false pretenses (the organization is still in rejection mode) and show the video.  Because of the uncertainty of their response, you will feel afraid.  Show the video anyway.

The organization is comfortable working in the domains of certainty and control, but innovation is done in the domain of uncertainty.  By definition, the organization will reject your novel work.  If you are rejected, keep going.  Revise your heretical question, build a prototype to answer it, show a customer, show someone who can allocate resources, and be afraid all along the way.  And repeat, as needed.

With innovation, mostly you feel afraid.

Image credit – Tybo

Everyone likes patents, but few use them as a business tool.

Patents define rights assigned by governments to inventors (really, the companies they work for) where the assignee has the right to exclude others from practicing the concepts described in the patent claims.  And patent rights are limited to the countries that grant patents.  If you want to get patent rights in a country, you submit your request (application) and run their gauntlet.  Patents are a country-by-country business.

Patents are expensive.  Small companies struggle to justify the expense of filing a single patent and big companies struggle to justify the expense of their portfolio.  All companies want to reduce patent costs.

The patent process starts with invention.  Someone must go to the lab and invent something.  The invention is documented by the inventor (invention disclosure) and the invention is scored by a cross-functional team to decide if it’s worthy of filing.  If deemed worthy, a clearance search is done to see if it’s different from all other patents, all products offered for sale, and all the other literature in the public domain (research papers, publications).   Then, then the patent attorneys work their expensive magic to draft a patent application and file it with the government of choice. And when the rejection arrives, the attorneys do some research, address the examiner’s concerns and submit the paperwork.

Once granted, the fun begins.  The company must keep watch on the marketplace to make sure no one sells products that use the patented technology.  It’s a costly, never-ending battle.  If infringement is suspected, the attorneys exchange documents in a cease-and-desist jousting match.  If there’s no resolution, it’s time to go to court where prosecution work turns up the burn rate to eleven.

To reduce costs, companies try to reduce the price they pay to outside law firms that draft their patents.  It’s a race to the bottom where no one wins.  Outside firms get paid less money per patent and the client gets patents that aren’t as good as they could be.  It’s a best practice, but it’s not best.  Treating patent work as a cost center isn’t right.  Patents are a business tool that help companies make money.

Companies are in business to make money and they do that by selling products for more than the cost to make them.  They set clear business objectives for growth and define the market-customers to fuel that growth.  And the growth is powered by the magic engine of innovation.  Innovation creates products/services that are novel, useful and successful and patents protect them.  That’s what patents do best and that’s how companies should use them.

If you don’t have a lot of time and you want to understand a patent, read the claims.  If you have less time, read the independent claims.  Chris Brown, Ph.D.

Patents are all about claims.  The claims define how the invention is different (novel) from what’s tin the public domain (prior art).  And since innovation starts with different, patents fit nicely within the innovation framework. Instead of trying to reduce patent costs, companies should focus on better claims, because better claims means better patents.  Here are some thoughts on what makes for good claims.

Patent claims should capture the novelty of the invention, but sometimes the words are wrong and the claims don’t cover the invention.   And when that happens, the patent issues but it does not protect the invention – all the downside with none of the upside.  The best way to make sure the claims cover the invention is for the inventor to review the claims before the patent is filed.  This makes for a nice closed-loop process.

When a novel technology has the potential to provide useful benefit to a customer, engineers turn those technologies into prototypes and test them in the lab.  Since engineers are minimum energy creatures and make prototypes for only the technologies that matter, if the patent claims cover the prototype, those are good claims.

When the prototype is developed into a product that is sold in the market and the novel technology covered by the claims is what makes the product successful, those are good claims.

If you were to remove the patented technology from the product and your customer would notice it instantly and become incensed, those are the best claims.

Instead of reducing the cost of patents, create processes to make sure the right claims are created.  Instead of cutting corners, embed your patent attorneys in the technology development process to file patents on the most important, most viable technology.  Instead of handing off invention disclosures to an isolated patent team, get them involved in the corporate planning process so they understand the business objectives and operating plans.  Get your patent attorneys out in the field and let them talk to customers.  That way they’ll know how to spot customer value and write good claims around it.

Patents are an important business tool and should be used that way.  Patents should help your company make money.  But patents aren’t the right solution to all problems.  Patent work can be slow, expensive and uncertain.  A more powerful and more certain approach is a strong investment in understanding the market, ritualistic technology development, solid commercialization and a relentless pursuit of speed.  And the icing on the top – a slathering of good patent claims to protect the most important bits.

Image credit – Matthais Weinberger

If you know what to do, do it.  But if you always know what to do, do something else.  There’s no excitement in turning the crank every-day-all-day, and there’s no personal growth.  You may be getting glowing reviews now, but when your process is documented and becomes standard work, you’ll become one of the trivial many that follow your perfected recipe, and your brain will turn soggy.

If you want to do the same things more productively, do continuous improvement.  Look at the work and design out the waste.  I suggest you look for the waiting and eliminate it.  (One hint – look for people or parts queueing up and right in front of the pile you’ll find the waste maker.)  But if you always eliminate waste, do something else.  Break from the minimization mindset and create something new.  Maximize something. Blow up the best practice or have the courage to obsolete your best work.  In a sea of continuous improvement, be the lighthouse of doing new.

When you do something for the first time, you don’t know how to do it. It’s scary, but that’s just the feeling you want.  The cold feeling in your chest is a leading indicator of personal growth.  (If you don’t have a sinking feeling in your gut, see paragraph 1.) But organizations don’t make it easy to do something for the first time.  The best approach is to start small.  Try small experiments that don’t require approval from a budget standpoint and are safe to fail.  Run the experiments under the radar and learn in private.  Grow your confidence in yourself and your thinking.  After you have some success, show your results to people you trust.  Their input will help you grow.  And you’ll need every bit of that personal growth because to staff and run a project to bring your new concept to life you’ll need resources.  And for that you’ll need to dance with the most dangerous enemy of doing new things – the deadly ROI calculation.

The R is for return.  To calculate the return for the new concept you need to know: how many you’ll sell, how much you’ll sell them for, how much it will cost, and how well it will work.  All this must be known BEFORE resources can be allocated. But that’s not possible because the new thing has never been done before.  Even before talking about investment (I), the ROI calculation makes a train wreck of new ideas.  To calculate investment, you’ve got to know how many person-hours will be needed, the cost of the materials to make the prototypes and the lab resources needed for testing.  But that’s impossible to know because the work has never been done before.  The ROI is a meaningless calculation for new ideas and its misapplication has spelled death for more good ideas than anything else known to man.

Use the best practice and standardize the work. There’s immense pressure to repeat what was done last time because our companies prefer incremental growth that’s predictable over unreasonable growth that’s less certain.  And add to that the personal risk and emotional discomfort of doing new things and it’s a wonder how we do anything new at all.

But magically, new things do bubble up from the bottom. People do find the courage to try things that obsolete the business model and deliver new lines of customer goodness.  And some even manage survive the run through the ROI gauntlet.  With odds stacked against them, your best people push through their fears cut through the culture of predictability.

Imagine what they will do when you demand they do new work, give them the tools, time and training to do it, and strike the ROI calculation from our vocabulary.

Image credit – Tony Sergo