It is our belief that Patent Trolls are using the law creatively in business, as are many companies that seek to license or enforce their non-core patents or patents they purchased in acquisitions or in development that did not end up in products. Patent Trolls tend not to have any products, so there is no way to find a leverage to stop them…or is there?
The first thing to do is to get a picture of the problem. A process for good “product clearance” needs to be employed in the company. Here is how we have helped other clients over the last seven years to develop and execute IP Strategies, to win against Patent Troll issues.
- Develop an IP Landscape and Patent Map, to understand the space
- Develop a product clearance process
- Install Enabled Publication and volume processing, to ensure that no one can “invent on top of” your intellectual property
- Install and execute “Invent Around Processes” to get around existing art
- Develop an IP Strategy, specific to your business, regarding Patent Trolls
- Develop the “war room” response team, if the Patent Troll shows up at your door. This is a proprietary strategy that we divulge only to clients whom we believe have the best odds of defeating a Patent Troll.
- For those situations in which Patent Trolls approach you to sell your patents, get a proper valuation. We have found that we can get our price for your patents!
As in any commercial event, the best defense is a good offense. Contact us if you need one!
To obtain more information or discuss your unique challenges please contact us.
