As patent assertions grow ever more common and frequent it is important to arm your company with defensive tools to counter such attacks. One such tool is a process to invalidate patents which present defensive risk or exposure to the company’s important revenue streams. Another technique is developing solid non-infringement arguments with ample support. Our firm provides such processes and techniques through a service we aptly call: PATENTBUSTERS®. The PATENTBUSTERS® concept is simple, yet effective. If you do not have a strong non-infringement argument, or in parallel with developing such an argument, you should seriously consider approaching the issue by “BUSTING” the patent.
Our team is experienced and successful using a proven process for invalidating patents.
For example, using our PATENTBUSTERS® techniques, we have uncovered common yet hidden lethal mistakes, relatively easy for trained personnel to quickly identify, invalidating a number of patents; additionally, we have studied patent file histories and uncovered problems invalidating patents being asserted against a party, when we have been asked to do so. For instance, we recently helped a Fortune 100 client eliminate a patent concern that might otherwise have resulted in them paying tens of millions in royalties.
Before negotiating and/or settling with a party that has asserted one or more patent(s) against your company, you owe it to your shareholders to spend a relatively minimal amount of money to determine if the patent can be “busted”.
To learn more about PATENTBUSTERS® please send an email to firstname.lastname@example.org.
PATENT MAKEOVER, PROFESSIONAL EDITION®
The U.S. patent system is unusual in that it permits patentees to correct certain types of errors even after the patent has issued. Despite this unusual benefit, this practice is in general underutilized by most patentees. For example, the top company’s filing for reissue, if we combine the top 10 companies, for example, typically have re-issued under 100 patents per year. Compare that with the top ten issuers of patents in which the top issuer alone (IBM) issues on the order of 5000 patents each year. One reason may be because it is a specialized practice area that few patent attorneys know well. Another may be that the firm preparing the original patent prefers not to admit that mistakes took place. Whatever the reason, this is something all patent owners should be familiar with and should incorporate into their overall patent management process and strategy to ensure that they are getting the greatest value possible from their Intellectual Property. A reason this has become so important to an overall patent management process and strategy is that in the last several years there have been major changes in United States patent law. Therefore, patents that were written or issued before such changes have not been corrected to take such changes into account. Patent Makeovers, Professional Edition, however, provides such services.
The U.S. patent office is becoming exceedingly resistant to issuing business method and software patents since the ruling of Alice Corp. v. CLS Bank International (2014) (“Alice”). In fact, the statutory subject matter 101 argument is increasingly common in responses from the patent office in nearly all such patent applications. The result is that many pending patent applications will either die in the process or require a significant makeover in order to get issued. The Patent Makeover, Professional Editions service provided by our firm addresses this issue through reviewing pending claims, rewriting or adding claims that will provide a better chance for an issued patent and ensuring adequate support exists in the specification for such additions. Further, patents which are already issued can be brought into conformity with Alice and with Nautilus (Nautilus, Inc. v. Biosig Instruments, Inc) during the reissue process noted above. Our firm has handled a significant amount of patent prosecution with cases in the USPTO Patent Technology Center 3600 (includes electronic commerce and business processes).
To learn more about PATENT MAKEOVER, PROFESSIONAL EDITION® please send an email to email@example.com.