The IP Missteps That Quietly Weaken Your Strategy

Are Small IP Missteps Costing You Big Opportunities?

Intellectual property (IP) is often treated as a checkbox exercise—filing a patent here, registering a trademark there. But when handled reactively, IP can become a source of wasted resources, lost opportunities, and diminished company value.

The truth is, most missteps aren’t the result of bad intentions. They happen quietly, through overlooked assumptions, rushed decisions, or a lack of alignment between IP and business strategy. And while each mistake may seem small, together they can erode competitive edge and investor confidence.

This guide highlights the most common pitfalls organizations face and shows how to avoid them—so IP becomes a driver of growth, not a source of risk.

The Common Culprits Behind Lost IP Value

For more than a decade, Stratford Intellectual Property has worked with organizations build, protect, and maximize the value of their innovations. Along the way, we’ve seen how small oversights and persistent myths can quietly undermine even the strongest IP portfolios.

The good news: most are preventable.

They often stem not from a lack of effort, but from treating IP as a series of filings instead of as a living, evolving strategy. we've compiled the 18 myths and mistakes we see most often into an easy-to-read guide that will teach you how to recognize and avoid these pitfalls while setting your strategy up for long-term success.

We've included the first 10 below. 

Because IP is intangible, it is often treated as an afterthought rather than managed proactively. Teams focus on building, marketing, and selling the product, but may forget to ask whether there are patents, trade secrets, trademarks, or other forms of IP that should be protected BEFORE anything is shown to the public.

The risks of delay are significant. Very few countries offer a one-year grace period after public disclosures (even if accidental), therefore, waiting to file for patent protection could prevent a company from getting protection.

X We can talk about our products and worry about IP protection later.

X  It’s safe to talk to investors without signing NDAs before filing a patent application.

When a company decides to protect its IP, the focus is often on short-term, upfront costs. But most forms of IP protection (other than trade secrets) involve significant ongoing expenses that extend well beyond application drafting and initial filing fees. Too often companies need to abandon very valuable assets for lack of funds during the prosecution stage wasting significant money spent upfront.

X We will have enough money to cover our IP ongoing costs.

X Once the patent application is filed, there are no other significant costs to worry about.

Brand recognition and reputation are powerful drivers of business success. To protect that investment, it’s important to ensure that brand identifiers like logos and trademarks are available before launching it in the market. A thorough search should include trademark databases, common law sources (internet, news, business and corporate records), and even domain names.

Skipping this step can lead to conflicts with existing marks and, in some cases, costly rebranding. By contrast, proactive searching and registration provide confidence that your brand can grow without disruption.

X We have the right to use our corporate name as our trademark.

X We registered a trade name and we have the right to use it as a trademark.

X We have a registered trademark. We should have the rights to the domain names.

An effective IP strategy works best when it is proactive, deliberate, and aligned with corporate goals. When accountability and clear processes are in place, companies can manage IP consistently, balancing long-term costs against the value these assets bring. This not only avoids potential missteps but ensures IP directly supports business growth and valuation.

Executives and managers already juggle many high-priority tasks, which makes it essential to designate responsibility for IP. With a dedicated owner, IP management shifts from being “just another task” to becoming a tool that enhances corporate value and positions the business competitively.

X We have a few patents pending, that is our IP strategy.

X We don’t need an executive accountable for our IP strategy, it will implement itself.

Writing down any type of opinion about the validity or possible infringement of IP, whether it belongs to you or a third party, can can create serious risks for your company.

Lab books, paper, and emails or any type of digital communications, should never be used to discuss or document IP issues as all of these types of documentation are admissible in court and can adversely impact your position.

Once introduced in court, those written opinions can be used to challenge your company’s credibility or weaken your defence, even if they were informal or incomplete, and even if you are not an expert on the subject matter.

X We are a small company, it is extremely unlikely that we will be involved in IP litigation.

X  Since I’m not a lawyer, my opinions will not be considered by a judge or jury.

X  I know exactly what the claim language means, I can provide my opinions on infringement and validity.

The goal of patent protection is to prevent competitors from making, using, or selling your invention for up to 20 years. But infringement often doesn’t happen right away, it may occur 8–10 years after the patent application was filed and long after it has been issued.

Once a patent issues, the claims generally can’t be changed, except through requesting a reissue. In several countries, such as the U.S., it is possible to file a continuation application before issuance. A continuation uses the same specification but allows for new claims, either covering a different aspect of the invention disclosed in the specification or a different way of defining the invention.

X As long as I keep the specification the same, I can easily change the claims of an issued patent if I suspect someone might be infringing upon my idea by requesting a reissue.

Patent protection is often the first form of IP considered and is useful for inventions that can be reverse engineered legally. Any product that can be legally acquired can be reversed engineered to the most minute detail. In these cases, patent protection provides enforceable rights that can deter competitors.

However, with the right safeguards and management, protection by trade secret becomes an equally viable, and sometimes superior, option. Trade secret protection is free, applies worldwide, and by definition, never becomes public. Patents, on the other hand, are expensive to obtain and after 18 months require public disclosure, which competitors can freely use in jurisdictions where patent protection wasn’t pursued.

X Patent protection is always more valuable than trade secrets — patents feel “tangible” and enforceable, while trade secrets can seem less formal.

X Trade secrets don’t require management — just keep them hidden.

Using open-source software (OSS) is a great way to accelerate product development. In most cases, it allows teams to build faster, leverage community-tested solutions, and reduce costs. But every piece of OSS comes with licensing and usage requirements — and these vary widely across communities and license types.

Because of this, the inclusion of OSS must be carefully governed to ensure the applicable licensing rules are followed. Without a proper review process, the risks can escalate quickly.

X We can use any open source software without worrying about process and license.

Patent specifications are narratives that describe an invention. Ideally they should be broad descriptions that include the background, existing solutions, and the best mode of implementation, etc. But, it’s the claims that define the legal scope of protection for your invention.

It’s a common misconception to assume that a product is infringing on a patent because the features of the product are similar to what is described in the patent specification. In reality, infringement only occurs if the implementation includes ALL elements covered by at least one independent claim.

X My competitor’s product infringes on our patent because it does the same function that is described in the patent specification.

From Missteps to Momentum

Missteps happen, but they don’t have to define the value of innovation. The difference lies in whether intellectual property is handled reactively—as a series of filings—or strategically, as a core part of the business.

A robust IP portfolio leverages the right mix of protection—patents, trademarks, copyrights, and trade secrets—applied in ways that both defend against competitors and advance broader business objectives. When aligned with strategy, IP shifts from being a checkbox exercise to becoming a true driver of growth, valuation, and long-term resilience.

The organizations that succeed aren’t those that avoid every mistake—they’re the ones that recognize pitfalls early, adapt, and build proactive processes to protect what matters most. With the right strategy in place, IP doesn’t just safeguard ideas—it accelerates their impact.