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The PatentPrepper Ethos

At PatentPrepper, we coordinate with our clients to achieve competitive advantage within the IP space.

01

Applied Research and Development

It may seem obvious to initialize a patent portfolio through innovation. How else is one supposed to do it? That may be true, but have you thought about how you could take advantage of innovation as a means to expand your patent portfolio from that initial kernel of innovation? This is what we will discuss heretofore.

Albeit, birthing patentable technology is conceived through innovation. That being said, how does one bring about innovation within the context of creating patentable technologies? It is by finding good problems to solve. Here then, it's to say that creating seminal technology which would provide high value to a patent portfolio is brought about seeking, not "good" technology to patent, but seeking technical problems as a means to tease out innovation, where the technical realization of such foreground innovation is materialized through technology, thus bringing about seminal (i.e. highly valuable) patent technology. Therefore within the context of a business setting, where is the most appropriate venue to tease out innovation from "interesting" problems? This venue should be R&D (i.e. the Research and Development department).

Ultimately, through the exercise of applied R&D, this will give rise to seminal technology in which to reap monetary rewards in lieu of patent-authorship and foregoing licensing and litigation activities of that given patented-seminal technology. However, have you considered that in the process of implementing that seminal technology into a workable system, will there not be problems promulgated in lieu of implementing that seminal technology? Then it is fair to consider that in the process of producing a workable "prototype" for the seminal technology, the issues-resolved may be in and of themselves patentable technologies!

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02

Claim Construction Development

Albeit, there are two primary components of a given claim's structure wherein provide the value of the patent application as a whole; the first property is scope, and the second property is validity. Now, what are the differences between these two properties? The answer is that the value in which claims are derived is from the scope of the given claims. That being said, if the value of the patent is defined by the scope of the independent claims for which is drafter under the given patent application, then why bother with dependent claims? The answer is that dependent claims are the patent application's "back-up" if the United States Patent and Trade Office (i.e. the USPTO) evaluates the scope of a given claim to be too broad in scope therefore invalid to be a legitimate patent claim. Likewise, dependent claims protect the inventor from future patent litigation within the framework of a court of law.

Wherein, to preface, dependent claims are nested within an independent claim. And, if such an independent claim is invalidated by the USPTO, this is not to say that the claim in and of itself is invalidated. In as much, when independent claims are found to be invalid by the USPTO, the USPTO will then "substitute" the invalid independent claim, and look at the foregoing dependent claims that are nested within that independent claim's structure which was initially invalidated. Wherefore, the dependent claim nested least within the given "invalidated" independent claim's structure will be substituted into the space created within the given claim's structure relative to the initial independent claim found to be invalid. Now given the prior statement, how is the nesting of the dependent claims important to the "backing-up" of a claim's structure? To reiterate, invalidated independent claims will be substituted by its nested dependent claims.

03

Patent Portfolio Cultivation

The principles of developing a healthy patent portfolio requires deliberation even before the first patent application is sent to the United States Patent and Trade Office (i.e. the USPTO). Here then, it is to say that the development of a healthy patent portfolio requires strategic thinking.

As a means to detail the issue of strategic thinking in conjunction with that of patent portfolio development, this strategic approach is the intermingling of patent and corporate (e.g. company) strategy. To be specific, the development of patent strategy is in lieu of the corporate strategy whereupon the development of that given patent strategy is to directly support the strategic goals and aims of that company heretofore. With this, the nurturing of a corporate strategy is beyond the scope of this newsletter. That being said, in a broad sense, the universal principle of corporate strategy is to occupy a strategic niche within the marketplace; the marketplace is the space in which the given business conducts operations. Wherein, as a means to secure that niche-occupied, that given company is motivated to both gain from ergo defend such a market position. With this, this statement-aforementioned is the ethos as to why patent portfolio development is paramount to overall-success in the achievement of a given corporate strategy.

To describe, patent portfolio development and its underlying strategy (in lieu of the corporate strategy) is primarily conducted within the given company's Research and Development (i.e. R&D department). Here, one can see the organic intermingling of the patent strategy and corporate strategy simply from where the production of patent technology is taking place; the R&D department is central to the given company's relevance to the consumers' product-preferences and market-desires.

Thus, the value of developing a healthy patent portfolio is that it leads to competitive advantage. Thus, monopolizing market share; finally paving the way for that company to realize their corporate goals and aims, underlying their corporate strategy by driving out competition in lieu of patent thicket deployment.

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