Making the case for a fractional Head of IP

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I've been working in intellectual property (IP) for nearly 16 years, mostly in-house. My thesis is that what high-growth tech companies need is the experience, leadership, and vision of a Head of IP on their team... but probably not full-time.

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What is a Head of IP?

Like so many others, I've been playing around with ChatGPT of late, and so I asked it to write a job description for a Head of IP. Here's the JD:

Job Title: Head of IP

We are seeking a highly motivated and experienced Head of IP to lead our company's intellectual property (IP) strategy and operations. The Head of IP will be responsible for protecting and maximizing the value of our company's IP assets, while also providing strategic guidance to cross-functional teams.

Responsibilities:

• Develop and implement a comprehensive IP strategy that aligns with the company's overall business goals.

• Conduct freedom-to-operate searches and provide guidance on IP-related legal and business matters.

• Manage the filing and prosecution of IP assets, including patents, trademarks, and copyrights.

• Oversee IP-related contracts and negotiations, including licensing, joint development, and collaboration agreements.

• Work closely with cross-functional teams, including R&D, legal, business development, and product management, to ensure IP considerations are integrated into decision-making processes.

• Stay current on IP laws and regulations and provide guidance to the company on IP-related issues.

• Build and manage relationships with IP service providers, including patent and trademark attorneys, to ensure high-quality IP services are delivered in a cost-effective manner.

Requirements:

• Bachelor's or Master's degree in a relevant field (e.g. Electrical Engineering, Computer Science, Law).

• 10+ years of experience in IP management, including at least 5 years in a leadership role.

• Strong understanding of IP laws, regulations, and best practices.

• Experience managing the filing and prosecution of patents and trademarks.

• Excellent interpersonal, communication, and leadership skills.

• Ability to work effectively in a fast-paced, cross-functional environment.

Not a bad effort at all! Words like 'lead', 'responsible for', 'strategic guidance', and 'work closely' sound right. And 'cross-functional' for sure.

What I want to see in a Head of IP are the following attributes:

• Original: Original ways of working and thinking. Creative, innovative, adaptable.

• Opportunist: Seek and seize existing and new opportunities. Use networks to collaborate and create openings.

• Ownership: Solutions-focused, accountable, own the outcome.

(These are three of the five "O Attributes" of the "O Shaped Lawyer"; see https://oshaped.com).

Put simply, I would want to work with my Head of IP to establish objectives and key results (OKRs), and then I would want them to be take ownership of the OKRs and be original and opportunistic in achieving them.

I believe no law firm can compete with an in-house Head of IP in this regard.

Why fractional?

In short, lots of businesses would benefit from having a Head of IP, but they don't have sufficient resources and/or IP workload to hire a Head of IP full time.

But, according to the 80/20 rule, also known as the Pareto Principle, 80% of outcomes are generated by 20% of inputs.

So, can you get 80% of the benefit of a Head of IP if you hire them just one day per week?

I think you can. Managed properly, it's enough time to join key leadership meetings, all-hands meetings, and even the occasional social event. This is what allows the Head of IP to synthesise the various aspects of the business, and to build the trusted relationships inside the business, that are so important for delivering on the three attributes that I called out above.

I believe that for most high-growth tech companies, a fractional Head of IP can deliver on everything in the JD that ChatGPT wrote for me, in just one day per week.

A step change in IP organisational maturity

What I tend to see is that high-growth tech companies do have a Head of IP... but that's not their job title, it's one of many hats that they wear. Their actual job title tends to be CTO, sometimes CEO, occasionally CFO.

Of course the CTO generally can't spend anywhere near as much as one day per week on IP strategy and management. Similarly, compared with a seasoned IP counsel, the CTO isn't nearly as experienced in IP management, and isn't as up to date on IP laws, regulations, and best practices.

Therefore, not only does the fractional Head of IP free-up some of the CTO's valuable time, it also drastically increases organisational maturity around IP. That means establishing a clear strategy, identifying opportunities, managing budgets, and regularly reporting to stakeholders.