Next Gen Data Analytics To Support Licensing Strategies By Matt Troyer
Our Customers Challenged Anaqua to Support Licensing What can Anaqua provide to support better filing strategies To Develop more licensable patents in the first place Better protect products and roadmap Build a better defensive portfolio to assure FTO, and strong patent portfolios WRT their competitors. Make licensing revenue from existing portfolio. How to mine and target potential licensees Help customers mine their existing portfolios for licensing opportunities Target the best patents to license Target potential licensees Target tangential markets/ for licensing Provide data to support annuity (maintenance) decisions
Rejection Data A type of “super citation” that is indicative of infringement One where the examiner used the patent to reject another patent application because of either novelty (102) or obviousness (103) Rejection data is buried in US File Wrapper Documents (CTNF and CTFR) Data applies to all international patents as long as there is a US counterpart in the patent family Just a little background Anaqua Confidential © 2016
First, What are the Requirements for Patentability? Patentable subject matter (§101) Novel (§102) Non-obvious (§103) (Useful, and follow the established procedures §112, §121) Why Examiners Cite Patents: Build Novelty Arguments (102) Always a single reference Build Obviousness Arguments (103) Always two (2) or more references Let the public know they considered/reviewed the document as potential prior art Anaqua Confidential © 2016
Forward Rejection Source From Examiner Arguments In a 102 (Novelty) argument, each element is supported in a cited patent’s specification. In a 103 (Obviousness) argument, multiple patents are used. Examiners cite the specification (description) not the claims Cited patent may or may not claim the same invention Investigator must determine if the claims are substantially similar.
Investigating a Forward Rejection If claims are substantially similar Invention is validated. Why? Two entities solved the same problem with the same solution. Investigate potential infringement. If claims are different Determine if family is still “open” and file a continuation and place a patent in the center of your competitor’s roadmap. Anticipate how competitor may fence in your invention and respond accordingly. It’s Important to be notified quickly to have a preemptive claiming strategy.
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