Executives need vision to convert patented R&D into a profit center. Consider EMI, a london company that produces music (a music label company). In their Central Research Laboratories in Hayes, Godfrey Hounsfield had an idea to integrate X-ray slices to create a 3-D image (originally known as an EMI scan), today know as a CT or CAT scan. Godfrey was awared a Nobel Prize for his work, and later knighted. The idea came to him while picnicking in the park; however, the senior executives realized this was no picnic. They leveraged the technology (foundation patent #3,778,614), securing over 120 of the first 450 patents in this space. The legacy competitors (General Electric, Philips, Siemens) were playing catch-up with this innovator. Few executives would be brave enough to execute such a divergent business strategy.

When approached with this legal assertion, as a patent counselor for your client, you need insights to help you define and determine your defense. No, I am not: A patent is defined by its language, and many times, proper preparation for a Markman Hearing, or Claim Construction Hearing, can determine the summary judgment. If you are accused of infringing on a claim, you want to find ways to minimize the scope of the claim [on the other hand, if you are accusing, you want to broaden a claim's scope]. With IP Street, you can scrutinize a claim in various ways. Your patent is invalid: Since the USPTO granted the patent, the presumption is that all of its claims are valid. Anyone can challenge the validity of a patent (request re-examination) whether or not an infringement injunction has been made. [Normally, when the USPTO learns of an infringement lawsuit, out of due diligence, they open a re-examination case.] The quickest path to invalidate a patent is to identify prior art.

A utility patent application can be filed provisionally or unprovisionally. The non-provisional application establishes the filing date of your patent application and begins the examination process. Your patent application will be examined by the USPTO. A provisional application only establishes your filing date and expires automatically after one year. You may file a provisional application when you are not ready to enter your application into the regular examination process. A provisional application establishes a filing date at a lower cost for a first patent application filing in the United States. A provisional application allows the term "Patent Pending" to be applied to your invention.

"Reputation management is an important factor in attracting partners and external funding. From interviews with CEOs and CTOs of nine large industrial and publicly funded firms, we have a clear indication that a corporate R&D lab's well-managed reputation has a direct impact on the firm's brand value. In other words, corporate research labs should not be measured only by their technological outcome, but also by the impact they have on a firm's brand value," according to Gassman et al., 2009, Research Technology Management, "R&D Reputation and Corporate Brand Value." The tools IP Street offers will help you identify (1) patents that significantly influence your brand (2) why the patents are significant (3) Internally communicate what, why, and how a patent influences brand to get executive-level buy-in and (4) Communicate to your customers what, why, and how to further develop the brand's impact.

Sadly, the value of a patent is generally determined by the courts. Most litigation involves infringement, but there are also other lawsuits regarding ownership and inventorship and SEC anti-competitive allegations. Let IPStreet.com help you better protect against patent infringment, better utilize patent search tools and patent your invention under the guidance of an experienced patent lawyer.