Obtaining Broad Patent Rights Is Just the Beginning of a Patent Strategy: Beware of Those Who Would Block Your Right to Practice

Your right to practice can be blocked by those who come later
Your right to practice can be blocked by those who come later

As reported in a recent New York Times article, an inventor has developed remarkable innovations in fluid dynamics, which is the way fluids (that is, air and liquids) travel in a system. If widely adopted, these innovations are expected to provide revolutionary improvements in several industrial processes. To quickly summarize this technology, the inventor, Jay Harman, has used a technique called “biomimicry” to adopt (actually co-opt) a fundamental feature of the way fluids travel in nature which, when applied to one or more of the aircraft, air-conditioning, boating, pump and wind turbine industries, could allow these processes to be conducted to much more efficiently, and with less energy consumption.

Notwithstanding the marked improvements seen with Mr. Harman’s technology, industry has not been enthusiastic in adopting it for use. The New York Times article is focused on the reality that innovations are often rejected by industry if they represent too large of a step-change over the status quo. The article is worth reading for its discussion of his experiences and frustrations. Recently, Mr. Harman and his company Pax Technology (website linked here: http://www.paxscientific.com), have received substantial investment from a well-known venture capitalist. With this influx of money, it is possible that Mr. Harman’s technology will obtain a more receptive audience and we might see his technology implemented in the near future.

However, this discussion is not about the benefits or lack thereof of Mr. Harman’s technology. As an IP business strategist and consultant (more info here: www.jackiehutter.com), I view Mr. Harman’s invention as an excellent way to illustrate the concept of patent “one up manship” by obtaining blocking patent rights. Accordingly, this posting discusses how Mr. Harman and his investors must develop a patent strategy focused on the future to ensure that they maintain their position as the dominant patent holders in this area of technology. If they do not, I am certain that they will have to share the field with outsiders who obtained a spot by being savvy players of the patent game.