Management is essential for any patent portfolio. It typically involves two steps: 1) analyzing the patent portfolio at regular intervals; and 2) using the analysis to refine or further develop the patent portfolio. We can assist clients with both steps.
Patent portfolio analysis may involve determining whether:
- the current claims cover the client's/competitor's business activities such as products, processes, etc.;
- the current claims support the client's/competitor's business objectives;
- the current claims cover business activities of the client and the client's competitors in important markets;
- the current scope of the claims should be broadened or changed;
- there is unclaimed subject matter that can be pursued;
- there are patents that can be acquired or licensed from others to bolster the client's patent portfolio; and
- there are patents or patent applications suitable for monetization.
We work with clients to perform the analysis and interpret the results. Based on the results, one or more steps can be taken to refine or further develop the patent portfolio such as:
- filing of new applications to cover new technologies, new markets, a competitor's business activities, etc.;
- filing of continuing applications - continuation applications, divisional applications, or continuation-in-part applications - to alter claim scope, to pursue unclaimed subject matter, to cover new technologies, to cover new markets, to cover a competitor's business activities, etc.;
- filing of broadening reissue applications to broaden or alter the scope of the claims;
- abandoning cases or reducing new application filings to control costs;
- acquiring or licensing patents from others to bolster the client's patent portfolio; and
- monetizing patents or patent applications.