The Future of IP Strategy: Insights from Kate Wilson

It will be critical. A good IP strategy covers all aspects of a business and markets – and uses knowledge of how to work IP to help a business reach its goals. For example, data increasingly plays a much greater role than physical technology, and strategies need to accommodate this. That can include internal systems and policies, external agreements, and recognition that traditional “IP protection” such as patents are only a small part of the overall picture. Other barriers to entry need to be considered – which is where a comprehensive IP strategy can add value.
In your view, what are the biggest mistakes organisations make when trying to commercialise their IP?Not doing their competitive intelligence first. As in, not checking out the market, their competitors, potential collaborators and their IP. They end up rushing into the market without thinking about strategic alliances they can make. This is an important theme in my book The Hidden Mechanics of IP.
What trends across AI, data or emerging technologies do you think will have the greatest impact on IP strategy in the coming years?The main trend I see is just mass adoption of AI across most things. It will become more difficult to clearly identify attribution (who is the creator or inventor) as a single piece of tech can be contributed to by several authors. IP strategies will need to help with systems that track this. Also, with the exponential increase in innovation will make it more difficult to identify clearly what is a competitive edge in a crowded market. This makes it difficult to identify what to protect and work. Inventions will appear to be less “inventive” And, if we are not careful, a lack of critical thinking can lead to the effective ‘dumbing down’ of humankind. IP strategies will need to focus more on soft skills.
When working with clients, what do you find is most misunderstood about the value of a strong IP strategy?They see it as an added cost – not an investment that will give an enormous ROI as well as saving costs. Clients that have a strong IP strategy have never regretted it.
How can businesses better align innovation with their broader IP and commercial objectives?Have a comprehensive IP strategy done – seriously. That is what it does, but it does require a deep “interrogation” for the IP strategist to understand the business drivers.
What early warning signs indicate that a company’s IP might not be managed effectively?Increased competition in the market and an inability to do premium pricing.
From your experience, what drives the most successful IP strategies?Recognition of their relevance and an internal champion to drive the adoption of them.
How should businesses approach balancing protection and openness, especially when collaborating or entering new markets?A very good question – and the answer often falls out when a business has done its competitive intelligence and really knows the collaborator or market. My book The Hidden Mechanics of IP. References the Three Cogs Formula. The third cog is Collaboration. My approach is to look at Collaboration as a win-win situation with all parties aligned. The degree of openness and/or protection can be worked out by knowing the parties and the goals – as well as good agreements!
With AI now generating valuable outputs, what do you see as the biggest strategic challenges for IP teams?Recognising that critical thinking (as opposed to the old grunt research) is even more important to make the AI outputs targeted and relevant. Also, an increase in soft skills. Engaging better with clients, understanding them, educating and building IP capability. Also shifting to value charging for a job – rather than charging for time spent.
If you could offer one piece of advice to organisations looking to strengthen their IP position, what would it be?Identify what gives or could you a competitive edge. Protect and work that.
Kate Wilson, Intellectual Property Strategist, James & Wells
Kate Wilson is an internationally recognised IP strategist and registered patent attorney (New Zealand and Australia), with deep expertise across patents, intangible assets, and organisational IP capability. A former founding partner of James & Wells, she has advised many of New Zealand’s leading innovative companies and built extensive experience managing IP portfolios and guiding businesses on how to commercialise and protect their competitive edge. After stepping down from partnership in 2015, Kate established several successful non‑IP businesses, served on corporate boards, and developed a thriving consultancy focused on strategic IP advice. Kate is widely recognised in global IP rankings, including IAM’s Top 300 IP Strategists, and is regarded as a leader in IP education, delivering workshops and seminars in New Zealand and internationally. She is also the author of The Hidden Mechanics of IP – Demystifying Intellectual Property, released in 2025.