Product managers often wait too long to engage IP counsel. The ideal time for a patentability study is before incurring major, non-recoverable production costs, like creating specialized molds. This prevents sinking significant capital into a product that might infringe on an existing patent and require a costly redesign.

Adderall's success proves a core chemical patent isn't essential for market dominance. A strong brand that becomes synonymous with a condition, combined with secondary patents on novel delivery mechanisms (like Adderall XR's capsule), can create a durable, highly profitable business moat.

Oshkosh structures partnerships to own IP developed jointly with a startup, then licenses it back. This approach, outlined in the initial NDA, gives the large corporation control over patent defense while providing the startup with usage rights, often with market-specific limitations.

There appears to be a predictable 5-10 year lag between a startup's innovation gaining traction (e.g., Calendly) and a tech giant commoditizing it as a feature (e.g., Google Calendar's scheduling). This "commoditization window" is the crucial timeframe for a startup to build a brand, network effects, and a durable moat.

Pricing power allows a brand to raise prices without losing customers, effectively fighting the economic principle that demand falls as price rises. This is achieved by creating a brand perception so strong that consumers believe there is no viable substitute.

Companies often have undiscovered IP because technologists don't always communicate their innovations effectively. A simple management practice of regularly talking to engineers and asking "What problem are you facing?" and "How did you overcome it?" can surface valuable, patentable solutions that would otherwise go unnoticed.

The choice between a patent and a trade secret is a strategic decision based on vulnerability. If a product can be purchased and deconstructed to reveal its innovation, a patent is the necessary path. Trade secrets are only viable for innovations that are impossible to discover through reverse engineering.

Holding a patent provides no inherent protection. Its value is only realized through active, and expensive, legal defense against infringers. Therefore, a startup's focus should be on building a profitable business first to generate the capital needed to enforce its IP.

Reframe IP from a legal asset to be protected into your 'intellectual perspective'—a unique viewpoint on how to do something. This mindset shifts focus from costly legal protection to creating shareable, repeatable frameworks that scale your business beyond your personal involvement.