In uncertain times – either for a business or an economy as a whole, finance and cash flow management is a critical aspect to ensure sustainability of the business both in the short and long term. For SME’s holding or needing to support their IP (patents, trademarks, etc), it is even more critical as working capital is required for ongoing IP related costs as well as continued investment to ensure... »
Patents play an important role in establishing and solidifying a competitive market position for many businesses. Patent strategies can vary by industry and will depend on the size and stage of a business. However, having a robust patent strategy can help businesses of all sizes secure their market position and avoid potentially damaging setbacks. Resource scarcity is an issue we encounter frequen... »
“Companies, particularly in the generic pharma space, face a strategic decision over when to file at the PTAB,” comments Rachel Elsby of Akin Gump. “If you decide to clear the deck early, you have to bear the risk that you will not be able to appeal an adverse decision. If you wait, there are downsides to that too, because you may already be into district court litigation, which has significant co... »
To know whether a patent claim is improperly “directed to” an abstract idea, the court have been looking to the claims and specification in a search for objective suggestions of what the inventor thinks is the advance provided by the invention. What does the patent document assert as the “focus of the claimed advance over the prior art.” In this process, the court is typically looking for a “techn... »
The road to patent protection begins when an individual inventor or organization comes up with a novel idea for a new device, machine, process or method: The TRIPS Agreement sets out the minimum standards to be provided by member states regarding each of the main areas of Intellectual Property. When it comes to patentable subject matter, Article 27 of TRIPS states that “patents shall be avai... »
The advent of the internet has brought the world closer to one another than it used to be. Computer technologies, one of the most emerging creations, have made it possible for the internet to expand worldwide. Furthermore, certain types of technological products are distributed and utilized throughout the world. Intellectual property rights associated with it need to be protected from unauthorized... »
A remarkable 98% of patent owners rely on benchmarking to support their patent strategy, according to a recent survey by Cipher conducted in association with IAM. However, over half of respondents are unhappy about the time and expense involved, with a similar proportion lamenting a lack of objective and reliable data. This is more than a coincidence; it is causation. If the task is hard enou... »
In many industries, companies are faced with a “multi-invention problem”: the development of new, commercially viable products requires the combination of ever- larger numbers of inventions. At the same time, ownership over these inventions – through patents and other forms of intellectual property (IP) – is becoming increasingly fragmented. Smart phones and their use implicate thousands of patent... »
The Patent Cooperation Treaty (PCT) allows preserving international rights for most jurisdictions to delay choosing specific ones for thirty months from your earliest priority date. This strategy gives you the longest possible time to evaluate the commercial prospects of your innovation before committing large funds to the foreign patent application process. Now, it makes sense to file for foreign... »
A patent strategy is a series of steps that companies take in order to secure their inventions and their position within the technological sector in which they operate. Similar to business strategies, patent strategies often require a preventive analysis of the status quo to identify risks and opportunities. The patent strategy concept is strictly correlated with the PLCM strategy. How to Create a... »