If You Can’t Beat ‘Em, Join ‘Em: Patent Strategy as a Business Model

The good news is that with foresight and discipline your company can benefit from the efforts of these patent entrepreneurs. You can readily avoid stepping on their patent rights (and the resulting expense of lawyers and possible liability) by integrating patent analytics into your innovation processes. Application of business-focused patent analytics to innovation questions will let your company understand at an early stage whether your innovation efforts could be derailed by an earlier patent filing.

Further good news is found when your company emulates these patent entrepreneurs by developing robust patent strategies for your innovations that are directed toward maximizing your company’s payback. It is worth noting that such robust patent strategies should be compared to the more traditional model of obtaining patents to, for example, products only. The conceptual difference between the new model and old model of patenting is that the new model is directed toward ensuring freedom to compete and the old model is directed primarily toward freedom to operate.

When your company recognizes the value of embracing patent strategy at an early stage in your innovation processes, you will be more likely to have freedom to compete in your desired market. As a result, your company will be less likely to be stopped by a patent entrepreneur, and you will have the added benefit of being a patent entrepreneur yourself. With regard to the new business model of patent entrepreneurs: if you can’t beat them, join them.

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