Patent Protection Strategies

Creating technology, securing patent rights, and managing a patent portfolio are time-sensitive and dynamic activities. Agreements should be in place with technology partners (employees, contractors, joint venture partners), prior to embarking on research and development projects, so as to mitigate future disputes over patent rights. Technology partners should be educated on patent law basics so as to be mindful of patent bar triggering events. Accurate records must be maintained to capture information relevant for preparation and filing of patent application, including subject matter, names of inventors, and invention date. Developed inventions should be evaluated for whether to file for patent protection, delay patenting until technology is further developed, maintain trade secrecy, or effect deliberate public disclosure. Once decision is made to file for patent protection, time is of the essence, and application for patent protection should be filed as soon as possible, as many countries award patents on a "first-to file" basis. Decisions on where to file are made having regard to potential competitive advantages versus cost considerations, and can be delayed by taking advantage of priority rights recognized in patent legislation of most countries. Once patents are granted, competitors must be policed for potential patent infringement, and legal action may be necessary to prevent patent infringement.