Patents business strategy

Suits to enforce or defeat patents are invariably a component of larger business objectives, and the tactics employed must derive from the underlying business strategies. In most countries, patent litigation is a very expensive endeavor (226). Absent unique circumstances, litigants in the United States pay their own attorney fees and costs. In many other countries, the prevailing party may recover some or all of its fees and costs. Legal and expert witness fees, travel expenses, document expenses, and court fees can mount quickly. 

The bibliography appears on the cover page. It presents the title, inventors, assignee, attorney, filing and issue dates, other information, and, in some cases, the Markush structure (see text below). Patent titles may or may not explicate the inventions covered, depending on the business strategy adopted by the agent or attorney responsible for the application. A title can... 

Technology managers should include the following elements in the plan itself the critical business issues the nature of markets and customers the thmsts of traditional and potential competitors the human resource issues, ie, the skills and abiUties needed to carry out the plan alternatives and contingencies to support the plan a patent and intellectual property strategy and the supporting faciUties and resource plan. The most frequentiy overlooked elements are human resource issues and patent strategies (50). 

Patent strategy is a business plan aided by expert patent opinion/advice. Patenting is the joint endeavour of the inventors and patent attorneys working to a commonly understood objective consistent with the patent strategy. 

The strategy phase focused on integrating the patent portfolio with business objectives in order to maximise its value. It also identified gaps in the portfolio that needed to be addressed. This phase is connected to the valuation and competitive assessment phases. 

Patent legal proceedings, which can last years, can seriously disrupt business planning and strategy as well as divert human and eco-... 

Drew Harris, John MiUer, Raj Bawa, Janell T. Cleveland, and Sean O Neill, Strategies for resolving patent disputes over nanoparticle drug delivery systems. Nanotechnology Law and Business 1(4) 101-118 (2004). 

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