Product Mastery Now for Product Managers, Leaders, and Innovators
Chad McAllister, PhD
300 episodes
1 week ago
Welcome to Product Mastery Now, where you learn the 7 knowledge areas for product mastery. We teach the product management practices that elevate your influence and create products your customers love as you move toward product mastery. To learn about all seven areas and assess your strengths in product mastery, go to my website -- https://productmasterynow.com -- and click the Podcast button at the top of the page. Hosted by Chad McAllister, product management professor and practitioner.
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Welcome to Product Mastery Now, where you learn the 7 knowledge areas for product mastery. We teach the product management practices that elevate your influence and create products your customers love as you move toward product mastery. To learn about all seven areas and assess your strengths in product mastery, go to my website -- https://productmasterynow.com -- and click the Podcast button at the top of the page. Hosted by Chad McAllister, product management professor and practitioner.
563: Navigating intellectual property strategy in product management – with David Carstens
Product Mastery Now for Product Managers, Leaders, and Innovators
21 minutes 53 seconds
3 weeks ago
563: Navigating intellectual property strategy in product management – with David Carstens
What product managers should know about patents, trade secrets, and copyright
Watch on YouTube
TLDR
In this episode, I’m joined by David Carstens, a seasoned IP attorney and founding partner at Carstens, Allen & Gourley, who brings over 30 years of legal and technical experience in intellectual property (IP) strategy. Our conversation dives into the importance of IP management for product managers, how to build an IP strategy, when to consider patents versus trade secrets, the complexities of software and AI-generated content, and the rapid pace of change in the IP landscape. The episode is a must-listen for any product manager navigating decisions around invention protection, copyright, and the evolving influence of artificial intelligence.
Introduction
If you’ve ever wondered whether to patent that new feature, worried about AI training data copyright issues, or struggled to justify IP investment to leadership, you’re not alone. We’re exploring intellectual property strategy for product managers—and what it means to get it right and how expensive it can be when you get it wrong. Most product managers don’t receive training on IP strategy, yet the decisions you make daily have massive IP implications.
Our guest is David Carstens, who has a unique combination of technical depth and legal expertise. He’s a founding partner at Carstens, Allen & Gourley. He has dual engineering degrees, an MBA, and over 30 years experience protecting IP for companies building software, medical devices, and telecommunications products. He’s also an entrepreneur who founded multiple companies including a nationally chartered bank and an innovation platform, plus he’s been teaching IP law at SMU for three decades. David is currently investing in and speaking about the Fifth Industrial Revolution, making him well positioned to help us also understand how AI is reshaping IP strategy.
Summary of Concepts Discussed for Product Managers
IP Strategy Framework:David mentions that there isn’t a “one-size-fits-all” framework for IP strategy; it starts with assessing a company’s current position, identifying valuable innovations, evaluating what can realistically be protected, and aligning actions with budget constraints. Key steps include identifying strong value propositions, checking for existing patents or IP conflicts, and sometimes considering licensing or redesign if a competitor already owns relevant patents.
Timing and Collaboration:Product managers should start thinking about IP early—preferably well before product launch or tooling investment. Collaborating with an IP attorney and creating a culture that values teamwork and knowledge sharing can help spot and protect innovations more effectively.
Patents, Trade Secrets, and Value:Patents offer competitive advantages by providing pricing freedom, can act as bargaining assets, and are vital for companies seeking investment. Trade secrets, by contrast, are about keeping valuable information confidential (e.g., formulas or processes not disclosed publicly), but are only effective if the information can’t be easily reverse-engineered from the product.
Software & AI Challenges:The fast pace of software development often complicates patent decisions. Patentability is more likely when software enables a genuinely novel technical process rather than automating routine tasks. For AI-generated content, copyright ownership is still unsettled; it usually depends on the degree of human contribution to the creative process. Legal systems are racing to catch up as AI shakes up traditional definitions of authorship and origina...
Product Mastery Now for Product Managers, Leaders, and Innovators
Welcome to Product Mastery Now, where you learn the 7 knowledge areas for product mastery. We teach the product management practices that elevate your influence and create products your customers love as you move toward product mastery. To learn about all seven areas and assess your strengths in product mastery, go to my website -- https://productmasterynow.com -- and click the Podcast button at the top of the page. Hosted by Chad McAllister, product management professor and practitioner.
