Episode Content

IP Considerations with Steven Coyle

Why hoarding your digital tools is killing innovation

Most engineering consultancies treat their digital tools like trade secrets. Custom scripts, automation workflows, and proprietary calculators get locked behind internal firewalls, protected by legal disclaimers, and positioned as competitive advantages in proposals. This feels rational. You invested resources to build these capabilities. Why hand them to competitors?

Here's the problem: while you're protecting yesterday's innovation, the industry is moving without you. And the IP you're guarding so carefully? It's probably already obsolete.

Core insight

In digital engineering, intellectual property dies faster than teams can protect it, and organizations that share openly advance faster than those that hoard defensively.

What most people get wrong

The fundamental error is treating digital tools like patentable inventions with enduring value. Teams see a clever automation script or a well-designed calculation tool and immediately think "competitive advantage we must protect."

This mindset ignores three realities:

First, technical solutions decay rapidly. What's innovative today becomes standard practice within months. The BIM automation script that seemed revolutionary last quarter is now table stakes. Software updates, new vendor capabilities, and industry-wide learning curves move faster than your ability to monetize proprietary tools.

Second, protection prevents improvement. When tools stay locked within one organization, they don't get stress-tested across diverse projects and use cases. They don't benefit from external perspectives or collaborative refinement. They stagnate while supposedly "less protected" open approaches evolve through collective iteration.

Third, secrecy creates isolation. While you're carefully guarding your noise wall calculation tool, three competitors have independently built similar solutions. Now the industry has four slightly different approaches that can't interoperate, none benefiting from the others' improvements. Everyone wasted resources duplicating work.

The real competitive advantage

Organizations that lead digitally don't win because they have secret tools. They win because they can innovate faster than their tools become commoditized.

Consider the practical example from major infrastructure projects: one firm places disclaimers on their BIM authoring tools and information management platforms. The disclaimer reads essentially: "This is our property, but joint venture partners can use it freely."

This isn't altruism. It's strategic pragmatism.

When JV partners use your tools, they validate them on different project types. They stress-test assumptions you didn't know you'd made. They identify edge cases and improvement opportunities. The feedback loop makes your next iteration stronger. Meanwhile, the goodwill generated makes future collaborations smoother and positions your team as industry leaders rather than protective gatekeepers.

In practice, this means: your competitive advantage comes from your team's ability to keep developing better solutions, not from preventing others from using current solutions.

The measurement paradox

Here's where IP protection becomes actively harmful: you can't measure the value of tools you won't let others use.

Engineering firms love to claim their digital capabilities reduce risk, increase efficiency, and improve design quality. But if those tools only run on your projects, you can't benchmark them against industry standards. You can't demonstrate superiority. You're just asserting it.

Organizations that share tools can actually prove value. When the same automation runs across multiple firms on joint ventures, you can compare outcomes. When industry bodies adopt standardized approaches, you can measure impact at scale. Suddenly, vague claims about "digital leadership" become quantifiable improvements that clients will pay premiums for.

A useful rule of thumb: If you can't openly discuss how your tool works because competitors might copy it, you probably haven't built something defensible anyway. Real technical depth survives explanation.

The collaboration dividend

The most successful digital engineering teams maintain regular conversations with people in similar roles at competing firms. Not vague networking calls, but substantive technical discussions about what's working, what's failing, and where the industry should invest collectively.

This sounds naive until you think through the incentives. Client skepticism about digital transformation hurts everyone. When one firm oversells capabilities and under-delivers results, it makes every subsequent "digital advisory" engagement harder to sell. When tools fail publicly because they weren't properly tested, it damages industry-wide credibility.

Conversely, when multiple firms align on standards, validate approaches across diverse projects, and collectively advance capabilities, the entire market for digital services expands. Rising tides lift all boats, but only if you're willing to share the weather data.

This sounds simple, but: it requires genuine confidence that your team can keep innovating. If your competitive position depends entirely on one protected tool, you don't have a digital strategy. You have a product you're afraid to improve.

When protection makes sense

There are legitimate cases for protecting intellectual property in digital engineering:

Client-specific solutions: When you've co-developed something with a client that incorporates their proprietary data, processes, or strategic approaches, protection is appropriate. This isn't about your competitive advantage; it's about respecting client confidentiality.

Ongoing commercial products: If you're genuinely developing software as a revenue stream separate from consulting services, standard IP protection applies. But be honest about whether you're building a product business or just consulting with custom tools.

Pre-publication research: If you're developing genuinely novel approaches that warrant academic publication or patent filing, temporary protection during that process makes sense.

Everything else? Probably more valuable shared than hoarded.

Practical guidance

Audit your "protected" tools. Make a list of digital capabilities you consider proprietary. For each one, ask: When was this last substantially updated? How many times has it been used in the past six months? If we shared this openly tomorrow, would we lose projects? Most tools fail these tests.

Default to open, decide to close. Reverse the typical assumption. Assume tools will be shared unless there's a specific, compelling reason for protection. This shifts the burden of proof and prevents reflexive hoarding.

Measure actual competitive impact. For tools you do protect, track whether they actually win work. Do clients choose you because of these capabilities? Or do they choose you despite the friction created by non-standard approaches?

Build communities, not walls. Engage with industry bodies, collaborate on standards development, and participate in open technical discussions. The relationships and insights you gain will generate more value than any protected script.

Invest in capability, not artifacts. Train your team to build, adapt, and improve tools continuously rather than maintaining legacy solutions. The skill to create new capabilities quickly matters more than any current capability.

The real question

Digital transformation in construction isn't about having the best-kept secrets. It's about building organizations that innovate faster than technologies commoditize.

The firms that figure this out won't just deliver projects more efficiently. They'll shape industry standards, attract top technical talent who want their work to have broad impact, and build reputations as genuine thought leaders rather than protective gatekeepers.

Your competitors will eventually build something similar to whatever you're protecting today. The only question is whether you'll waste resources fighting that inevitability or invest those resources staying ahead.