This is the presentation of the master thesis defense by Dr. Russell Thom in the MIPLM, CEIPI, on 27th september 2021.

1. Freedom to Operate:
Linking Innovation models and continuous
improvement processes to minimize risk
Russell Thom

2. Risk Management
Risk management should indicate most critical risks to leadership of an
organization.
Typically risks are indicated in a risk register.
(Identified risks)
Organizations can then determine the risk level they wish to accept.
(likelihood x impact)
Having identified risks it should allow strategies to be developed to manage
risk.
(acceptable? – if not take steps to mitigate risk to acceptable level)

3. Risk tolerance will depend on the organization /
environment / context.
Better knowledge / evaluation of risk allows for better potential
decisions to be taken by an organization.

4. Freedom to Operate
Infringing / alleged infringement of IP rights held by a third party is
an operational risk.
The chance of such infringement and the impact of such
infringement can be controlled / mitigated by internal processes.
Opportunity risks also have to be considered
- purchase of IP rights
- license of IP rights
- design around

5. Increasingly impact of intangibles on business value requires
clearer evaluation of Freedom to Operate risk at business level
Increasingly impact of intangibles on business value requires a
clearer evaluation of Freedom to Operate risk at a business level
Increasingly companies are operating:
• in a wider geographical footprint,
• with increased need for inter-operability with other
technologies,
• with increased movement into other technical fields – -
digitalization – which may change potential competitors,
require different IP management strategies.
This can lead to a change in the risk profile in relation to Freedom
to Operate for companies.
Need to be able to convey this to the organization.

6. Freedom to Operate changes over the innovation lifecycle
(but this is similar to other organisational risks that change over
time (risk register is a snapshot in time)).
A mechanism to consider the risk posed by potential
infringement, adapt to such risk and then progress is required.
Ideally such a mechanism would be transferable to different
industries, cause an organization to consider risk at an
appropriate part of the innovation development and risk
mitigation would be undertaken along the innovation lifecycle.

7. Risk / Quality compliance –
continuous improvement
• PDCA / PDSA process
• Determine acceptable risk (likelihood x impact)
• Consider freedom to operate by using PDCA along innovation cycle
• Feature level
• Sub-system
• Product
• Business model

9. Thank you
Russell Thom