When working with clients and helping them set up their innovation efforts, there is invariably a checkpoint with the in-house counsel (lawyers) especially in the largest firms. And when the innovation efforts involve, as they should, getting ideas from around the organization, the legal teams often put together legalese which effectively says that anything that people within the organization come up with (ideas, prototypes, etc) is the intellectual property of the firm - no ifs, ands or buts. Most of the times, people might not even read these terms & conditions before submitting so the company may think it’s not a big deal, but people who really have good ideas will read these because they’re smart.
And so while we sympathize with and understand the need for protecting oneself, the simple fact is that this legalese often goes too far and so becomes counterproductive to fostering innovation. I’ll explain first what we’ve seen and then share examples of how Cisco and P&G handle this and the results.

The logic for not putting these legal shackles on idea generators is pretty simple. In its worst form, people with really good ideas will not submit them. Or another troubling consequence is they’ll be demotivated after they do. Or perhaps they’ll leave.
In one instance at a client, we knew a very smart mid-level executive with a great idea (and awesome potential) who didn’t submit his idea. His response when asked why:
“Why would I? The odds are that the company is not going to select it, but because the intellectual property is owned by the company, I can’t do anything with it down the road. And even if they do and make a lot of money off of it, I won’t get credit because I may not get to work on it or some senior person will own it. And I’m not giving a multi-million dollar idea for a pathetic extra $10k in my bonus.”
This sentence may make someone in the General Counsel’s office smile. For those who are corporate drones, you may also feel that this person is being selfish and not doing what is in the best interest of the organization. But for managers and executives living in reality and seeking innovation, this should make you cringe. Why?
- You lost out on a potentially good idea
- The organization’s ability to select good ideas is being questioned
- You’ll likely lose this entrepreneur (intrapreneur as we’ve heard them called) at some point because they’re demotivated
- You’re rewards (recognition and financial in this case) are not aligned with self-interest of individuals submitting ideas
None of the above is good. Sure you may have lots of other ideas that did get submitted, but you’re not interested in the volume of ideas. You’re interested in the “goodness” of a few ideas in most cases.
So how do you try to solve this innovation trap? It requires being open first and foremost. With all the talk these days of open innovation and collaboration, this type of legal heavy-handedness is counter to such efforts. It also requires you to consider what will make your best people develop and submit their best ideas. This comes down to “enlightened self-interest”. Your best innovators want something in return. There is NOTHING wrong with this. You scratch my back and I’ll scratch yours is what this is about. Anyone who is just doing things out of the kindness of their hearts is not someone capable of coming up with good ideas - they’re just fools most likely. The best people are interested in recognition, money, status, power, flexibility, freedom, access or any combination of these - and sometimes they want all of them.
So how do you appeal to people’s enlightened self-interest? Let’s explore how three very innovative companies have done this - P&G, Cisco and Google. Interestingly, they all do this in different ways.

P&G lets idea submitters take ownership in the ideas they submit. This means they not only can work on the ideas but if the idea does very well, they can be rewarded for it as owners. This lets you be an entrepreneur within a large company setting. This is something that people with the entrepreneurial itch find difficult in large organizations but P&G’s program helps foster this.

Cisco lets some of its best people get absurdly rich to keep them by developing “spin-ins”. To keep his star salespeople and engineers after some mass layoffs, John Chambers, CEO, did the following according to Forbes Magazine. “Soon after the mass layoffs a few star Cisco players, who might otherwise have left, were given $84 million to start a data storage firm called Andiamo. The company grew to about 300 employees in a year, at which point Cisco, its only customer, agreed to buy the company for $750 million.”
They did this again in August 2006 when they backed Nuova with $50 million and then bought them in April ‘08 for $678 million.
This isn’t to say spin-ins are without their perils as former Cisco employee Jayshree Ullal alludes to. “Spin-ins are a creative model to accelerate innovation and bring in engineers you couldn’t normally recruit - and financial gains go to entrepreneurs, not venture capitalists. It’s a nightmare when the guy in the next cubicle is a multimillionaire and you aren’t, because you weren’t chosen.” (quote from Forbes)
Like any effort in the corporate world, not everyone will be happy. But if such efforts can foster innovation and push the company in new growth areas they weren’t in before, these hurt feelings may just be a natural and required consequence to achieve an end-goal.

Yet another way to foster entrepreneurship within an organization is Google’s Founders Awards. Per the New York Times, “The first two Founders’ Awards consisted of restricted stock that was worth $12 million stock when it was awarded last November to two teams of a dozen or so employees each.”
So even when there may not be as much upside in Google’s stock, employees can get paid handsomely for making innovation and entrepreneurship happen.
Moral of the story: Control your lawyers and ensure you’re appealing to your employees enlightened self-interests.