Protecting Your Business: Top 3 Intellectual Property Challenges Faced by Greater Houston Businesses

In today’s world, a successful business depends heavily on cutting-edge innovation that
sets it apart from the competition. By building a strong intellectual property (IP) portfolio
and strategy, you can improve your market share and brand image. However, it can be
quite the challenge, so, let’s take a look at the top three IP challenges that corporations
encounter and how to tackle them.

Fighting the competition

Staying ahead of the competition is a constant struggle for businesses, as competitors
are always on the lookout for new and innovative IP in their industry. Unfortunately, this
can lead to copying of groundbreaking technology, which can result in legal battles for
many industry leaders. While winning such lawsuits can definitely give a significant
edge over the competition, losing can severely damage the brand image and customer
Moreover, the emergence of new players in the market further intensifies the
competition and impacts the market share of existing innovators. In this scenario,
having a robust patent portfolio becomes crucial as it not only protects your product and
service offerings but also serves as a safeguard in case of a patent infringement
A strong patent portfolio can also enable companies to consider cross-licensing, which
is a mutually beneficial agreement that allows competitors to access each other’s
intellectual property without infringing on each other’s patents. This approach can help
resolve IP conflicts with competitors in a favorable and amicable manner.
Having a strong patent portfolio is a crucial component of any successful business
strategy, as it can help businesses stay ahead of the competition and protect their
intellectual property.

Dealing with IP lawsuits

Legal disputes surrounding intellectual property can lead to significant financial losses
for businesses and can harm their brand reputation and customer goodwill. These
lawsuits can arise from competition or non-practicing entities.
However, these lawsuits can be prevented with the help of freedom-to-operate (FTO)
assessments. FTO assessments can help businesses analyze patents that may pose a
threat to their product launches. By making changes to their products to overcome
infringement or prior invalidity analysis, and negotiating licenses for threatening patents,
businesses can avoid costly litigation and protect their reputation.
Additionally, to avoid legal disputes from their supply chain, businesses need to have
proper IP-indemnification clauses in their contracts with suppliers. This ensures that
suppliers are responsible for any legal disputes arising from IP infringement in their
products or services.

Keeping your business concepts safe

Let’s talk about how to protect your business concepts and invention stages. Your
company’s success starts with a great idea. A solid business plan outlines all the key
elements that will help your enterprise thrive, like your offerings, products or services,
and how you’ll get them to your target audience.
Think of your business ideas like the different stages of an invention. It’s important to
note that until your idea is in a fixed form, it’s not protected by intellectual property law.
That means if someone steals your ideas, you could be out of luck. This is a common
challenge when it comes to protecting intellectual property.
One solution is to write down your ideas and procedures in a clear and concise way.
This can make them eligible for protection under copyright laws. Overall, it’s important to
take steps to safeguard your business concepts and invention stages, so you can
protect your ideas and keep your company on the path to success.


It is imperative to seek the guidance of experienced intellectual property professionals
who possess specialized knowledge of your industry to effectively address the IP
challenges. The D’Ambrosio & Menon team of experts in the Greater Houston area, is
well-equipped to assist your company in distinguishing itself and maximizing the

benefits of its intellectual property. We highly recommend reaching out to our team for
invaluable guidance and services – 832.886.6845.