Open innovation and patents: opposites or perfect combination?

“Open innovation and patents cannot go together!” I hear that statement more often. As if, as an entrepreneur, you have to choose: either you protect your invention with a patent, or you open the door wide. But that, of course, is nonsense.

Open innovation is about sharing knowledge, not just giving everything away. Look at Brainport Eindhoven, for example - one of the most innovative regions in Europe. Here, companies, startups and knowledge institutions work closely together, but at the same time protect their technologies with patents. That works very well together. In fact, patents can actually strengthen open innovation.

Patents as a means to steer innovation

A common misconception is that a patent shuts down a technological development. In reality, a patent gives you control over how and where your invention is used. You can use this intelligently within an open innovation ecosystem.

Marco Coolen, photo © Bart van Overbeeke

With the right licenses, you determine who gets access to your technology and under what conditions. You can even choose not to charge money for certain applications, while applying license fees in other sectors.

Consider this approach:

✔️ Free licenses for sectors where you are not active, to encourage innovation.

✔️ Paid licenses for companies that use your technology commercially.

✔️ Exclusive licenses for strategic partners you work closely with.

This way you maintain control over your innovation, stimulate collaboration and ensure that your technology is optimally used.

Brainport as an example

In Brainport Eindhoven, companies and universities work together intensively. ASML, Philips and other high-tech companies build groundbreaking innovations, while startups and scale-ups build on them. And what do all these parties have in common? They exploit both open innovation and patents.

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This allows them to collaborate without losing their technological edge. New ideas arise in collaboration, but are cleverly protected so that the parties who invest in innovation also benefit.

Open innovation is not a free-for-all

Open innovation is sometimes misunderstood as a strategy where you give everything away and hope it works out. But without clear rules of the game, it can lead to a situation where big players get away with your innovation, to no avail.

A wise patent policy prevents this. By combining patents with an open innovation strategy, you can:

✔️ Control who gets access to your technology.

✔️ Stimulate innovation without losing your competitive advantage.

✔️ Open new markets without weakening your core market.

No opposites

Open innovation and patents are not opposites, but rather a potent combination. By making strategic use of patents, you can accelerate innovation, stimulate collaboration, and at the same time keep control of your technological lead.

So the choice is not whether to use patents or embrace open innovation. The brightest entrepreneurs combine both, getting the most out of their innovations.