Put on your ‘IP goggles’ for sharper view of potential issues

Authored by: Blake R. Hartz

Intellectual property is woven into nearly every aspect of modern life and business — yet it is routinely overlooked. From the trademarks on your desk to the apps on your smartphone to the data agreements you click through without reading, IP touches virtually everything we encounter daily.

In the business world, the stakes are even higher. Corporate logos, supplier agreements, employee-created content, open-source software dependencies, generative AI tools, and competitive product launches all carry IP implications that can represent significant opportunities or serious risks. While formal IP audits have become more common, they are periodic snapshots that can quickly become outdated as the business evolves.

The author proposes a more practical and continuous alternative: adopting what he calls “IP goggles” — a mindset of habitually viewing everyday business activities through an IP lens. Like night vision or 3D glasses, IP goggles allow you to see things that were always there but previously went unnoticed: a supply agreement that exposes proprietary information, a creative engagement with unclear ownership terms, a software team’s unchecked reliance on open-source code, or a product launch with no competitive moat.

Critically, the author emphasizes that IP does not have to be the controlling factor in every decision. The real power of the IP goggles metaphor is that you can take them off. Once you have identified an IP issue, you step back and evaluate it alongside all other business considerations — market realities, regulatory requirements, customer relationships, IT infrastructure, other legal doctrines, and cost. The goal is not to see IP as everything, but to develop the habit and comfort of recognizing IP opportunities and hazards so they can be weighed appropriately in the broader context of sound business decision-making. To read the full article, visit The Indiana Lawyer