Although, the length of utility and plant patent protection (patent term) was previously seventeen years from the date of patent grant, utility and plant patents filed after June 8, 1995 now have a patent term of up to twenty years from the date of filing of the earliest related patent application. Utility and plant patents which were applied for prior to June 8, 1995, and which were or will be in force after June 8, 1995, now have a patent term of seventeen years from the date of patent grant or twenty years from the date of filing of the earliest related patent application, whichever is longer. Utility patents are subject to the payment of periodic maintenance fees to keep the patent in force. Patent terms can be extended under some specific circumstances. See the U.S. Code Title 35 - Patents for a full description of patent laws.
Patents have a maximum life of 20 years and, therefore, a 20-year potential monopoly. Patents that are just beginning their life and which have longer to run on the their potential monopoly position understandably will have more value. It is rare that a patent nearing the end of its term will cause a great threat to its competitors. It is almost certain that they will have devised technologies or products of their own by then that will not interfere with the patent owners monopoly position. In addition, one has to take into consideration the potential business life of a patent, i.e., the duration, which a patent is likely to be economically useful, if other subsequent patents are providing better alternatives to it.
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.
Developing a portfolio strategy requires understanding the temporal effects of the economy, competitors, and internal development. Using IP Street, you can have a sharper vision of what is, so you can engineer what will be.
Lee is IP Street's CEO. Art Coffey, a business strategist who took RLH public on the NYSE as its CFO, best known for his leadership as the President and Chief Executive Officer of Red Lion Hotels Corporation from 2003 to 2008, is COO & CFO. Tammy Krieger, Director of Product Management, was formerly in a leading role with Microsoft's patent group and brings expertise in data management, patent analysis and process optimization. John Vogel, Vice President of Engineering, leads the software development team, formerly co-founded and developed Saas companies such as Four Creeks. The team is backed by a board of directors that include Stacey Cowles (Cowles Company), Dennis Hopton (York Trade Limited of Hong Kong), George Nethercutt (former U.S. Representative), and Lee and Coffey. IP Street's advisory board includes Roger Cheng (Alibaba), Scott Hayden (Amazon), Shawn Clark (Microsoft), Dan Crouse (Lee & Hayes), John Murphy (T-Mobile), and Joseph Schappert, MD (PAML). The company is privately funded.