As patent assertions grow ever more common and frequent it is important to arm your company with defensive tools to counter such attacks. One such tool is a process to invalidate patents which present defensive risk or exposure to the company’s important revenue streams. Another technique is developing solid non-infringement arguments with ample support. Our firm provides such processes and techniques through a service we aptly call: PATENTBUSTERS®. The PATENTBUSTERS® concept is simple, yet effective. If you do not have a strong non-infringement argument, or in parallel with developing such an argument, you should seriously consider approaching the issue by “BUSTING” the patent.
Our team is experienced and successful using a proven process for invalidating patents.
PATENT MAKEOVER, PROFESSIONAL EDITION®
The U.S. patent system is unusual in that it permits patentees to correct certain types of errors even after the patent has issued. Despite this unusual benefit, this practice is in general underutilized by most patentees. For example, the top company's filing for reissue, if we combine the top 10 companies, for example, typically have re-issued under 100 patents per year. Compare that with the top ten issuers of patents in which the top issuer alone (IBM) issues on the order of 5000 patents each year. One reason may be because it is a specialized practice area that few patent attorneys know well. Another may be that the firm preparing the original patent prefers not to admit that mistakes took place. Whatever the reason, this is something all patent owners should be familiar with and should incorporate into their overall patent management process and strategy to ensure that they are getting the greatest value possible from their Intellectual Property. A reason this has become so important to an overall patent management process and strategy is that in the last several years there have been major changes in United States patent law. Therefore, patents that were written or issued before such changes have not been corrected to take such changes into account. Patent Makeovers, Professional Edition, however, provides such services.