A company’s scientific breakthrough is only as valuable as the IP protecting it. The ever-changing patent landscape requires a robust strategy that anticipates these changes to ensure the fullest amount of protection not only today but also in the future. Wells P.C. offers strategic patent portfolio management.
This approaches appreciates that a patent’s value is market-driven and thus focuses heavily on the aspects of a client’s market. Businesses that compete in patent-rich industries should develop patent portfolios that not only provide marketplace advantages but also dissuade competitor lawsuits. In contrast, innovative companies that create new industries may develop portfolios that focus more heavily on blocking potential competitors.
At the same time, strong patent portfolios should also seek patent claims that are industry-neutral. A widget manufacturer need not always claim a “widget comprising . . .” If the innovation is novel and useful beyond widgets, care should be given to claim the non-widget uses because doing so creates valuable licensing opportunities.
Patent portfolios should also integrate other intellectual property. This integration fills gaps left by unpatentable subject matter. With creative application, copyrights, trademarks, and trade secrets, or a combination thereof, may be used to reinforce and strengthen protection on a company’s technology.
Finally, as Congress creates more avenues to invalidate patents, technology companies should incorporate these procedures in their internal patent strategy. Using post-grant review, inter partes review, or reexamination to invalidate a competitor’s patent may be the best option to protect a company’s market position.
Wells P.C. offers patent services for domestic and foreign clients, including:
- Portfolio Management
- Patent Prosecution
- Post-grant review
- Inter partes review
- Inter partes reexamination
- Ex Parte reexamination
- Written opinions