GLS Startup Law

Introduction

“If you can’t list it, you can’t manage it - and if you can’t manage it, you can’t protect or profit from it.” – Matt Glynn

Just like any well-run business needs a fixed asset register for its physical property, a startup needs an IP asset register for its intangible assets. This tool records every form of intellectual property the business owns or controls, making it easier to manage, protect, and monetise these valuable assets.

An organised IPR register not only strengthens your IP prosecution strategy - it also impresses investors, showing that your operations are professional and that you understand the value of your intangible property.

IP Asset Register – What Is It?

PAA: What is an IP asset register?
An IP asset register is a formal record detailing all of a business’s intellectual property holdings, including patents, trademarks, designs, copyrights, and trade secrets, along with their registration status, expiry dates, and related jurisdictions.

PAA: Why is an IP asset register important?
Because you can’t effectively protect or commercialise what you haven’t tracked. An IP register gives visibility over your intangible assets, enabling better strategic decisions and reducing the risk of overlooked rights lapsing.

Why This is Important

This is an important stage of the start-up journey because:

◼️Visibility – Centralises knowledge of all IPR.

◼️Protection – Ensures assets are renewed and defended on time.

◼️Monetisation – Identifies licensing or sale opportunities.

◼️Strategic prioritisation – Helps determine which assets to protect internationally.

◼️Investor confidence – Shows due diligence readiness.

◼️Operational clarity – Defines asset ownership and status.

◼️Cost efficiency – Avoids duplication or waste in IP filings.

PAA: How does an IP register help in IP prosecution strategy?
It allows you to prioritise filings by commercial value and geographic importance, ensuring protection budgets are spent wisely.

PAA: Do investors check for an IP asset register?
Yes - a complete, well-maintained register signals professionalism and asset control during due diligence.

Consequences of Not Addressing This Issue

1. Legal Implications

◼️Loss of rights through missed renewals.

◼️Gaps in protection enabling competitors to exploit your assets.

2. Founder Relationship Issues

◼️Disputes over ownership if assets aren’t clearly recorded.

3. Commercial Implications

◼️Missed monetisation opportunities due to lack of visibility.

◼️Difficulty in licensing assets without clear records.

4. Operational Implications

◼️Inefficient IP management and resource allocation.

◼️Inability to track asset performance or ROI.

5. Biz Valuation Issues

◼️Lower valuations if IPR tracking is incomplete.

◼️Delays or failures in closing investment or acquisition deals.

PAA: What happens if IP isn’t listed in a register?
It’s more likely to be forgotten, left unprotected, or underused - diminishing its commercial value.

What You Should Be Doing

◼️Create a master IP register – List all intellectual property assets with key details (owner, status, expiry, jurisdiction).

◼️Track renewal dates – Avoid accidental lapses.

◼️Include pending applications – Maintain visibility on prosecution progress.

◼️Log licensing arrangements – Track rights granted to and from the business.

◼️Update regularly – Reflect new creations, acquisitions, and changes.

◼️Secure storage – Maintain both digital and physical copies with restricted access.

PAA: Should trade secrets be in an IP asset register?
Yes - but with restricted access and without disclosing sensitive details inappropriately.

PAA: How often should you update an IP register?
At least quarterly, or immediately after new IP is created or acquired.

Juicy Case Studies

1. Apple v. Samsung – The Power of an Organised IP Portfolio
In their global patent war, Apple’s meticulously documented IP portfolio - maintained through detailed internal registers - allowed it to quickly mobilise over 50 design and utility patents across jurisdictions. This strategic clarity helped Apple secure injunctions and multi-million-dollar damages against Samsung in several countries.

2. BlackBerry’s Patent Sale – Register as a Sale Accelerator
When BlackBerry sold over 4,000 patents to Catapult IP Innovations in 2022, its comprehensive IP register made the $600 million transaction possible. Without an up-to-date, organised portfolio, such a deal could have taken years to complete or failed entirely.

3. SMEs Losing Rights Through Neglect
A UK manufacturing SME lost exclusive rights to its key trademark when a renewal date was missed. The asset was absent from their outdated IP register, leading to rebranding costs exceeding £150,000 and loss of market recognition.

PAA: What are common mistakes in IP asset registers?
Failing to update regularly, excluding unregistered assets like trade secrets, and not tracking licensing arrangements.

Key Legal Definitions Related to This Issue

◼️IP Asset Register – A document listing all IP assets owned or controlled by a business.

◼️IPR – Legal rights granting exclusive use of intellectual property.

◼️IP Prosecution Strategy – The plan for registering and protecting IP assets.

◼️Renewal Date – The deadline for extending registered IP protection.

PAA: What is the difference between an IP register and an IP audit?
An IP register is a continuous record; an IP audit is a point-in-time review of all assets and their protection status.

Final Thoughts

An IP asset register is not just an administrative tool - it’s a cornerstone of strategic IP management. It enhances protection, supports monetisation, and demonstrates operational maturity to investors. For startups aiming to maximise value, it’s non-negotiable.