By Sean Keenan, Director, Soundboard
When building a business, it’s easy to put intellectual property (IP) strategy down the to-do-list. You have a product to build, a go-to-market plan to execute, and revenue or investment to chase. But if a music tech company is serious about durability, investment or growth can’t make IP an afterthought.
Your business plan, product roadmap and commercial goals all rest on what you’re creating and whether you own. A robust IP strategy is not just legal hygiene but a lever for value.
When properly managed, IP becomes a long-term asset. It deters copying, drives revenue, attracts partners and opens new markets. Getting this right could make the difference between an operating durable long term business or hitting costly setbacks.
IP basics
Intellectual property is the ‘creation of the mind’ (WIPO) and refers to intangible assets that often hold commercial value. In the UK, IP falls into five categories:
- patents – protect new inventions and processes with a monopoly that grants exclusive rights for 20 years. Registration is required.
- Trade marks – the anchor of brand identifiers such as names and logos, ensuring recognition and trust. Over time they can evolve into valuable assets – think Apple’s bitten-apple logo, which carries intrinsic value. Trade marks can be unregistered or registered (registered are stronger)
- Copyright – covers original works of authorship, including software code and creative content. This right arises automatically (no registration required). .
- Design rights – protects the visual look of products or interface, think the aesthetic ‘wow’ factor. Available as unregistered and registered rights.
- Trade secrets – confidential information that gives you a competitive edge. This is the stuff you want to keep locked away, such as formulas, proprietary recommendation engines etc.
These protections can layer together. For example, a single product might involve all five. Let’s say you’ve developed a smart wearable. You might patent the tech, copyright the source code, register the design of the device or interface, protect your name and logo as a trade mark, and take steps to guard your processing algorithm as a trade secret.
UK Considerations
IP laws are national first. So UK businesses must comply with local laws and processes (see the UKIPO for more information) but also keep an eye on international registrations or enforceability of rights if operating across borders.
Turning ideas into assets
Review and consider which assets of your business or ideation are capable of IP protection. Identify the core innovations that are required for the success of each product or service. How will these drive competitive advantage? What market do they serve?
If well managed, IP can be monetised and leveraged. For example, you could potentially license patented technology or software for a fee and create a passive revenue stream beyond your core product.
A well-executed IP strategy signals credibility and foresight. It shows investors and potential acquirers that you’re actively protecting your core innovations. It reduces risk, increases defensibility, and strengthens your value proposition. In a competitive landscape, IP is proof that your business isn’t just innovative in theory but you’re taking concrete steps to secure and monetise that innovation.
Building an IP portfolio
A well planned IP strategy will evolve with your business, but here are some steps to take at each rough stage:
- Ideation: conduct clearance searches for patents, business names, brand identifiers (e.g. existing trade marks). When working on ideas and concepts, keep detailed records and ensure they’re dated. Have founders sign IP assignment agreements and use NDAs before sharing ideas.
- Development: as you build core tech (or prototypes), consider speaking with a patent attorney to assess whether patentability (if applicable). Register a company name, buy domains, create social media accounts and develop identity for future trade mark protection.
- Growth: make any patent applications and get ready to advance through the process. Register design patents if you have distinctive hardware or UX. Register brand names as trademarks. You may also wish to begin licensing your IP and actively enforcing your rights if someone is infringing.
- Exit: conduct an IP audit. Get a professional valuation on your patents, licenses and brands. Clean up any loose end with contractors and service providers to ensure all IP is owned by the company to maximise the acquisition value.
At each stage you should review and adapt if necessary.
You should take IP strategy seriously early in order to avoid doing so at a later stage when it could get far more complicated.
Common pitfalls
IP mistakes aren’t just a startup problem, established businesses also frequently encounter IP challenges:
- Failing to assign IP from employees and contractors which can lead to ownership disputes.
- delaying or failing to register trade mark or patent filings, resulting in lost rights or making infringement issues difficult to defend.
- Disclosing confidential information without NDAs which can lead to a loss of trade secrets or destroy a patent application.
Consider counsel
You don’t need a lawyer to begin thinking strategically about IP. Founders can and should take the first steps: documenting assets, reviewing names, protecting confidentiality, and auditing what they’ve built.
But once you’re building momentum, bring in expert support. Whether it’s filing patents, drafting licences, or responding to infringement, work with IP counsel who understands your tech and goals. The right legal partner will help protect and grow the value you’re creating.
If you have any questions or want to discuss your IP strategy or portfolio, please feel free to email me: sean@soundboard-music.com
If you’re building something with long-term potential, IP should be part of your strategy from day one. It’s not about box-ticking. It’s about locking in value.