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Elif Levin

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Specification for the purchase of cloud software for IP management

Introduction of intellectual property rights management software in companies and law firms

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Requirements for manufacturing companies (specifications, requirements specifications, performance requirements)

The following article describes the requirements for acquiring cloud software for IP (Intellectual Property) management in companies of various sizes and in intellectual property law firms.

The expectation of IP management today includes not only the management of intellectual property such as Patent and utility models, Brands, copyrights and designs, and the associated contracts and legal proceedings (disputes), but also seamless collaboration, almost integrating various user groups, even outside of the company's own structure. Furthermore, as a patent management program or trademark management program, once all internal company data is available, it is also possible to enrich it with features that enable strategic considerations and thus provide the company with sound support.

Below, we will provide you with a rough list of requirements to consider. The listed contents of a specification are intended solely as a guide for purchasing cloud software for the efficient management of an organization's intellectual property (IP). IP management plays a crucial role in companies and law firmsWhether to ensure intellectual property protection or, from a corporate perspective, to maximize or fully protect the value of their own innovations. All of this is transparent for every stakeholder within a company, with appropriate representation for each role. With suitable cloud software, various aspects of IP management can be centralized, automated, and optimized.

Even if it may initially seem daunting to have to define requirements for even a smaller IP department or law firm, the benefits of such a definition cannot be underestimated. Requirements for cloud software for IP management should be defined, if only to reflect the values ​​and focus of each company and thus efficiently support a selection process among numerous vendors. A thorough approach ensures that the selection falls on a vendor that is a perfect fit for you. Without a requirements catalog, you can quickly become overwhelmed by the flood of information and potentially make the wrong decisions, as the market for software for intellectual property management is almost unmanageably large, with a wide variety of players, ideas, and focuses. On the other hand, it is precisely this large number of providers that enables you to find the best fit for yourself and choose from a multitude of options; the help of a specifications document is useful in this regard. Not to mention data protection requirements, technical requirements for the cloud, and the diverse user profiles depending on a company's working practices. These all simply need to be considered and conveyed to the potential vendor!

The selection of suitable software could be difficult, but can be realized through a specification and can be implemented individually according to your own real requirements.

Specification contents

How should you begin when creating a specification? First, you should record the objective of the specification as a management summary. This could look like this:

Objective of the specifications

Cloud IP management software should enable a company's IP assets to be effectively managed to maximize their value and minimize potential legal risks. The software should achieve the following objectives, for example (consider your own goals that you want to achieve with the software):

Centralization of IP data

The software should provide a central database to store all relevant information on patents, trademarks, copyrights and other IP assets.

Efficient management of patents and trademarks

The software should provide features for monitoring deadlines, renewals, payments, and other tasks related to intellectual property rights.

Support with IP strategy

The software should provide tools to develop, monitor and implement a long-term IP strategy.

Integration with external data sources

The software should offer the possibility of integrating external data sources such as patent databases or trademark registers in order to optimize the flow of information.

Collaboration and communication

The software should enable features for collaboration and communication between the various stakeholders in IP management.

Then start by detailing the specifications.

At first, the idea of ​​creating a specification is challenging. Imagine that you are simply defining requirements that precisely match your application profile. This benefits both you and the vendor. The vendor will then describe the content you outline in more detail. You could almost imagine it as if you were drawing the framework for a complete software deployment, while the vendor provided the colors.
A specification sheet is extremely valuable when it comes to specifying requirements. The requirements are summarized and outlined in a concrete and timely manner. The software company provides the details.

It should cover the following chapters:

1. Description of the company that wants to purchase the IP management software from the cloud

You start with a detailed description of the company that wants to purchase the cloud software for IP management. This should include information such as

the industry,
the size of the company,
the number of employees and
locations may be included.
The company’s mission can also be presented.

We then move on to the general requirements.

2. General requirements for the IP Management System (IPMS)

Cloud-based solution

It should be a cloud-based solution. The software must be hosted in the cloud to enable easy access and seamless integration into the existing IT infrastructure.

Ease of use

The software should offer an intuitive user interface that's easy to learn and use. It should present information clearly and concisely to improve user efficiency.

Scalability

The software should be able to scale with the growing needs of the business. It should be highly scalable to support the addition of new users, locations, and IP assets.

Safety

The software must implement strict security measures to ensure the confidentiality, integrity, and availability of IP data. It should offer security features such as encryption, access control, and regular security updates.

We then move on to the desired functionalities of an intellectual property management software.

3. Desired functionalities of an IPMS

3.1 IP data management

The software should offer the ability to efficiently capture, store, organize, and manage IP data. It should capture and manage patents, trademarks, designs, copyrights, and other IP assets, as well as contracts and conflicts. The software should provide a quick and concise overview of intellectual property rights and intellectual property families. A family tree view is helpful.

3.1.1 Automated monitoring of deadlines, extensions and payments.

When automatically monitoring deadlines, extensions, and payments, the software should, on the one hand, fully provide the deadlines for the region of the company acquiring the software. If the company or law firm is headquartered in Germany, the deadlines of at least the following offices should be made available. Consider whether and to what extent you can enrich the specifications with details obtained from public sources (patent and trademark offices). Here, we reference the offices for the Germany region (user companies or law firms headquartered in Germany):

Patent:
German Patent Office
German Patent and Trademark Office (DPMA)
Here you can find one Patent information sheet of German Patent and Trademark Office, from which you can obtain essential information for a Patent application can be found.
European Patent Office
European Patent Office (EPO)
The European Patent Office provides information on the procedural steps on the Internet at this Link is available for storage, management and analysis.
International Patent Office, World Intellectual Property Office (WIPO)
World Intellectual Property Organization (WIPO)
The International Patent Office, WIPO, even provides the deadlines in the form of a deadline calculator, which you here can be accessed upon request.
Brands:
German Patent and Trademark Office
Here you can find one Brand leaflet of German Patent and Trademark Office, from which you can obtain essential information for a trademark registration can be found.
European Union Intellectual Property Office (EUIPO)
The EUIPO also provides information on the history of a Union trademark, which you here can retrieve.
The International Trademark System (Madrid) at the World Intellectual Property Office (WIPO)
WIPO provides for the registration of trademarks under international trademark agreements under this Link some information available.
Designs/European designs:
German Patent and Trademark Office for the registration of designs
Here you can find one Design information of German Patent and Trademark Office, from which you can obtain essential information for a Design registration can be found.
European Union Intellectual Property Office (EUIPO)
The EUIPO also provides information on the history of a European design, which you can here can retrieve.
The international design system (Hague System) at the World Intellectual Property Office (WIPO)
WIPO provides for the registration of designs under the international Hague System under this Link some information and services available online.

To avoid going beyond the scope of this article, we have not covered other regions outside of Germany at this time. We have also not covered other relevant offices in the DACH region (Germany, Austria, and Switzerland) (such as the Austrian Patent Office, the Swiss Patent Office, but also the US Patent Office, or other important offices of countries that are of great relevance to German, Austrian, or Swiss companies). (Note: We are, of course, aware of the deadlines that need to be created. If you need assistance, please feel free to contact us.)

Now we continue with the functional requirements of an IPMS for the recording and management of intellectual property rights:
3.1.2 Document management

Document management should enable document versioning and change tracking. It should be possible to ensure online editing of documents without having to continuously download documents to the PC or device being used for each edit. Depending on the focus on documents, further requirements should also include the ability to classify documents, assign properties (so-called tags or labels), and categorize them.

3.1.3 Monitoring and tracking of various requirements

The software should offer features for monitoring deadlines, payments, licensing agreements, and other important IP events. It should send notifications and reminders to ensure no important dates are missed. Integration with patent databases and trademark registries should be included to automatically update IP data.

3.1.4 Reporting and analysis

The software should offer comprehensive reporting and analytics capabilities to provide insights into the company's IP portfolios. It should provide customizable reports, charts, and dashboards to track trends, costs, and performance. It should generate reports and analytics to evaluate IP portfolio performance. It should support the development and implementation of an IP strategy.

3.1.5 Collaboration and workflow

The software should offer collaboration and workflow management features to facilitate collaboration between users. It should offer the ability to assign tasks, leave comments, and share documents.

Seamless collaboration, even without increased email volume, should be ensured

Non-functional requirements:

The cloud software should meet the following non-functional requirements:

Safety:

The software must meet high security standards to ensure the protection of sensitive IP data. This includes data encryption, access controls, and regular security audits. Role-based access control to ensure data security.

Scalability:

The software should be able to scale with the growth of the IP portfolio and the number of users without compromising performance.

Availability:

The cloud software should offer high availability and reliability to ensure access to IP data at any time.

Integration:

The software should be able to be integrated into existing IT systems and infrastructures to ensure smooth data flow.

User friendliness:

The software's user interface should be intuitive, allowing for easy navigation and quick familiarization. User-friendly interface and intuitive operation.

Technical requirements:

The software should meet the following technical requirements:

Cloud-based deployment with a reliable and scalable infrastructure.

Compatibility with various operating systems and web browsers.

It should be noted here that cloud software should be usable without any additional installations and the like from any device using the common web browsers Google Chrome, Microsoft Edge, Firefox and Safari.

Support for mobile devices to access IP data on the go.

Avoid using apps on your mobile device and instead look for providers whose software can be accessed from any device using common web browsers (see above).

Regular updates and maintenance of the software by the provider.

Check whether the provider provides regular updates that include significant changes. Since you're relying on information from the manufacturer's user base, it's recommended that you either contact a large number of people within the user base or become part of the user base for an extended period of time to learn firsthand how the provider operates with regard to software innovations and updates.

Data migration options for importing existing IP data.

The most important functionality should be that the new tool can, ideally, integrate seamlessly into the existing IT landscape. For example, ensure that interfaces are available and that they are state-of-the-art. If you need advice on this, we are happy to assist you with any technical questions.

In larger companies, there are many supporting software and database structures that are all readily used and, if necessary, also exchanged with each other.

Project management and cost control:

The acquisition of cloud software for IP management should follow a structured project management approach. This includes:

Definition of a project manager and a project team.

Establish a timeline and milestones for the selection and implementation process.

Determine the budget for the purchase of the software as well as for training and support.

Set a budget and negotiate with the provider accordingly. Set fixed prices. Have the provider confirm your requirements in writing. Never rely on verbal statements. Establish a fixed price for everything. If industry-standard statements are made that contain unspecified performance claims, specify them and have them set a price, along with a definition of the consequences of non-delivery of the agreed software or software services. This will also determine the provider's level of credibility.

Conduct a comprehensive vendor selection process, taking into account references, experience, functionality, and costs.

References should with Contact Person and extension numbers are added to the specifications.

Experiences from usersthat have already been requested can be mentioned in a specification.

The Funktionalität should be listed comparable to other provider companies.

Same goes for that Costs, you should License costs and Provisioning costs be compared separately.

Conducting tests and evaluations of the selected software before making the final decision.

A test of the selected software should only be conducted using data. Software without data content will not help you in the short test period. A reputable manufacturer should provide or offer you a brief introduction to the software during the test period. Make sure that intellectual property rights data, documents, and previously generated deadlines are available in your test setup. The same applies to evaluations (reports), addresses of test subjects and test companies, and the ability to assign tasks to multiple users.

Planning and conducting training for software users.

An introductory training session should be provided. This should take place as close as possible to the upcoming deployment of the software. Experience has shown that the time between the training session and the initial use of the software should never exceed ten days. A phased approach is recommended. Training sessions should last no longer than half an hour to one hour each and should be a series of sessions. At each session (starting with the second session), questions from all users should be briefly answered at the beginning.

Establish an ongoing support and maintenance plan.

A reputable provider should commit to a support and maintenance plan. Response times to specific errors should be contractually defined based on error prioritization. These could look like this:

Definition of errors

There are Priority 1 errors, Priority 2 errors, Priority 3 errors, and Priority 4 errors. Error prioritization is based on the severity of the error. For example, if the software fails in such a way that no one can access it (example: a manufacturer installs an update on-site and the software no longer starts), this is definitely a Priority 1 error. A Priority 1 error should be resolved within 24 hours at the latest. Below are a few examples of how you can classify errors and the corresponding response times:

The guaranteed response times depend significantly on the prioritization of the error.

An example of assured response times and the definition of error priorities

Priority 1 errors involve system unavailability or other unforeseen events that prevent the software from working. They must be resolved within 24 hours of the next business day.

Priority 2 errors involve glaring content errors, such as the unavailability of individual software modules. They must be resolved within 72 hours of the next three business days.

Priority 3 errors are minor defects and bugs that do not significantly impede use of the software, but should be fixed. These bugs must be fixed within 14 days.

Priority 4 errors are minor inaccuracies, defects, and bugs that do not impede the operation of the software. These errors are resolved at the discretion of both parties, with the parties being the provider company and the recipient company.

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