Patent strategy for technology companies is developed in collaboration with the R&D Strategy, which is linked with the business strategy. An important consideration for digital innovation companies is to determine whether the inventive software or mobile application is worthy of patent protection or not. Patent attorneys work closely with the inventors to decide best possible strategy for patenting a mobile application.
Software Patent Example
Recently, it has been reported that IBM is about to launch a new weather forecasting system named as IBM GRAF, which stands for Global High-Resolution Atmospheric Forecasting System. As per IBM, this system runs on a supercomputer and is aimed at providing detailed and higher quality forecasts. Considering the history of innovative solutions provided by IBM, it is common for IBM to own a comprehensive patent portfolio covering innovations related to weather forecasting. A simple patent search at the USPTO (United States Patent and Trademark Office) reveals that IBM has filed hundreds of patents in the field of weather forecasting.
One of the patents granted to IBM is US10,168,449, which is titled, Correcting computer model weather forecasts using a hybrid analog method with dynamic time warping. This is an example of a software patent granted by the patent office, which claims a computer-implemented method, and more specifically, a hybrid analog method with dynamic time warping. This patent discloses an aspect receiving a new weather forecast, wherein a temporally coherent analog modeling process is performed to identify a historical weather forecast that matches the new weather forecast. In use, the new weather forecast is updated based on historical weather observations at points in time in the historical weather forecast.
As can be seen in the above-mentioned patent, the patent claims further relate to a computer system and a computer program product comprising a computer readable storage medium having program instructions embodied therewith. While drafting such software patent applications, it is essential for the patent attorney to understand the patent subject-matter eligibility requirements, specifically with reference to United States Supreme Court’s decision in Alice v. CLS Bank.
Patent Drafting
The patent drafting process includes technical and legal analysis of the invention. Experienced patent attorneys follow a well-crafted approach for drafting a strong patent application with comprehensive set of patent claims, wherein such approach is in line with the patent strategy of the innovative technology companies. Therefore, it is correct to state that a strong patent strategy forms a core component of the business strategy of the company. In use, software patents in India are granted regularly for innovative methods related to digital innovations.
Patent Strategy
An effective process followed by patent attorneys to develop a profitable patent strategy depends upon specific aspects associated with the business model of the innovative company. The major issues faced by a patent attorney while developing a patent strategy involves reviewing the rights granted by the patent. Essentially, a granted patent doesn’t automatically provides the patent owners a right to commercially exploit the patented invention, but, in contrast, the patent owners are granted a right to stop (exclude) others from exploiting the patent invention. Therefore, the patent strategy is developed after duly considering the possibility of initiating patent infringement lawsuits to enforce the patent claims of the granted patent specification.
Patent Licensing
A viable option to enforce patent rights is to aim for patent licensing, wherein the parties who infringe upon the patent rights of the patent owners can seek commercial license to exploit the patented technology or the patented innovation. Patent licensing arrangements involve executing of patent licensing agreements, wherein the patent owner (Licensee) grants certain specific rights to the third parties (Licensor). The rights granted by way of patent licensing agreements can be exclusive or non-exclusive. In use, the patent licensing rights are provided in return of a commercial consideration, which is paid by the licensor to the licensee for a specific time duration.
Patent Valuation
A patent attorney advising the patent owner regarding the patent strategy, patent drafting and patent licensing opportunities needs to work on determining the value of the patents. The patent valuation process is based on various methods, including, accounting, legal, and, technical analysis of the patent claims of the granted patent.
Conclusion
Patent owners work closely with the patent attorneys and patent law firms to develop a profitable patent strategy that involves drafting of strong patent applications and exploring patent licensing options in a proactive manner. The patent strategy also covers determining commercial valuation of the granted patents so as to contribute to the business strategy of the company by boosting the revenues. New products launched by the technology companies include multiple innovative features, which can be protected by way of filing a portfolio of patent applications.
Advocate Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology, Intellectual Property & Corporate Laws. He is reachable at rd (at) patentbusinesslawyer (dot) com & @rdpatentlawyer on Twitter.
Quoted in and contributed to 50+ national & international publications (Bloomberg, FirstPost, SwissInfo, Outlook Money, Yahoo News, Times of India, Economic Times, Business Standard, Quartz, Global Legal Post, International Bar Association, LawAsia, BioSpectrum Asia, Digital News Asia, e27, Leaders Speak, Entrepreneur India, VCCircle, AutoTech).
Regularly invited to speak at international & national platforms (conferences, TV channels, seminars, corporate trainings, government workshops) on technology, patents, business strategy, legal developments, leadership & management.
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