An unfortunate scenario often occurs in the business world today: Company A comes across a patent owned by Company B describing an "invention" Company A knows to be an old idea and not really an invention at all. To make matters worse, Company A has an existing or pipeline product that falls within the scope of that non-inventive patent, making that patent very troublesome for Company A. This scenario is unfortunate in today's legal landscape because Company A can do very little to stop that "garbage" patent from issuing or remaining in force. So what is the good news? The landscape is about to change drastically. Coming September 2012, patent tools will be available that allow a party to challenge a competitor's patents or patent applications at the patent office. Effective combination of these tools into a proactive patent strategy can provide a business with a significant leg up over the competition. This article will address the background of patent rights, as well as offer strategic advice based on the 2012 new rules for companies seeking to proactively weigh in on a competitor's patent rather than litigate.
Patent Law Basics
State of the Patent World Today
Future of Competitive IP Strategy
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