Robust patent protection is more than simply filing for patents and having them granted. With some forethought, patent applications may be filed having linked inventive ideas where each patent forms a portion of a “fence” of protection. Developing a strategic view of innovations permits the development and expansion of the “fence” of protection.
Competitive Landscape Analysis (Freedom to Operate)
An analysis of all competitors, and the innovators working for each competitor, permits the creation of a landscape view of all risks and opportunities facing a client’s patent portfolio. This in-depth review permits not only reassurance as to a company’s freedom to operate, but also provides a view of additional areas in which IP may be captured.
We encourage every client to conduct such an analysis as part of their strategic IP portfolio development plan.
Patent Portfolio Analysis
Simply having one or more patents in a portfolio does not provide the greatest value for an innovator or company. An analysis of a patent portfolio can discover monetization possibilities as well as additional areas of invention that can be capitalized upon.
Due Diligence for Acquisitions and Mergers
A deeper view of the strength of an IP portfolio may be achieved by matching the claim scope of issued patents and patent applications in a client’s IP portfolio against all patents and patent applications filed by others.
This level of understanding of a client’s patent portfolio can give entrepreneurial teams and investors a level of confidence regarding the strength and potential weaknesses of their portfolio in the market.
Litigation Claim Analysis
Litigation claim analysis is very exacting and requires a deep level of care and attention to detail. When litigation is pending, the features of each claim in every patent at issue in any infringement claim must be compared against every feature of an infringing product or process. This is what provides attorneys, and the courts, with the basic information to determine any basis of infringement.