Protecting and exploiting the technology
Jomo had investigated existing research, technologies and products, and concluded that the filter technology could not be patented as the process had already been discovered. However, the design for the system could be protected as a registered design. Also, a trademark could be registered to brand the process. Jomo knew that if he did not protect the technology, it would be open for others to do so and they would be able to restrict its use by imposing high prices. By protecting it, he would be able to control the application and be better placed to ensure that it was made available for rural communities in developing countries as he intended. So he registered the design and the trademark of Aquifer, which means water- carrier. This meant that for every system which was supplied, the university, its researchers and Jomo would receive a share of the rights for the patent on the testing device, and Jomo himself owned the design rights and brand identity of the range of systems he intended to produce. He financed this from his income as a water systems expert. However, at this point he was thinking hard about the different options for making the systems available. He had never run a company and had no experience in manufacturing, distribution, or marketing. He wanted the technology to be widely available as a generic solution at reasonable cost, and a reasonable return to be made for his family and the university research team.
At this point, having defined his rights to the technology, he made contact with other entrepreneurs who had started technology-based businesses. From these contacts, he realised he had four basic options. The first was to start a solo venture, in which he would manufacture, distribute, market and sell the system himself, but he realised this would limit the take-up of the system and probably expose him to imitative technology he would need to contest. He lacked the time, experience and skills to do this. The second option was to set up a partnership in which he would seek out people with complementary expertise to found a business and exploit the product, but this would involve some of the disadvantages of the first option. The third option was to set up a company to own the rights to the technology, and to licence this through distribution and agency deals. The final option was to sell or licence the rights to the idea to a major company. He was advised that, for whatever option he chose, he would need a business plan and high-qual- ity legal and financial advice. He also realised the venture needed financial capital, to which he did not have access. Going it alone was not a good option and the question was which strategic option and set or relationships would achieve his goals.