Protecting Valuable Innovations? Throw Out the Old Patent Playbook and Try Something New

In the usual situation, a patent attorney is the “ball carrier” for the inventor as a patent application moves through the Patent Office. Each “play” in the “patent game” is focused on getting a patent application to the goal line as the “win” of an issued patent. However, when the primary objective is on winning, the focus necessarily becomes the patent itself, not the reason why the “patent game” is being played in the first place. 

I have learned in my 20 + years as a business-focused patent attorney there is often a huge mismatch between the coverage of a patents and the business value that the patent creates for its owner. In other words, most clients look at the patent itself as a the “win,” and cannot articulate why they even played the patent game in the first place. When the patent is intended to protect valuable innovations, gaps in patent coverage and

Protecting Your Company’s Value – Think Beyond the “Usual IP Suspects”

It’s not uncommon for entrepreneurs to think about what I call “the Usual IP Suspects”--that is, patents, trademarks, copyrights and trade secrets--when they consider protection of their company’s value. I learned working as patent attorney at a prestigious IP law firm, and later in a corporate environment, that often a company’s value can exist in forms other than these most recognized forms of IP protection. Indeed, for many companies, a great deal of value can reside in the broad class of “intangible assets.” It is then important for company leaders to identify and protect these less recognizable forms of company value. The B-School types say, “what isn’t managed can’t be measured,” and this goes for intangible assets, too. But, you can’t manage something that you have not first identified as being part of your business from which you can derive value. 

I help clients think beyond “the Usual IP Suspects” to develop an inventory of intangible assets