Questions tagged [strategy]

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Filing patent application on invention that is beyond the remit of your exploitation

In truth there is no limit to how much work a person could do to ensure that his patent is exploited in market; if he cant make it, someone else might, or he may license the patent for someone else to ...
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2 answers

Patent Enablement - how do you balance retention of secrets and teaching make and use

Disclaimer: I'm a math-nerd, not a lawyer, so I'm going to get everything here wrong, I'm sure. Background: USPTO, in supporting its purpose in encouraging innovation, says patents require "...
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Are there situations where an infringer purposefully designed their product on claims when designing around them had no cost?

Someone told me that sometimes infringers design exactly on claims when going around them incurs no cost - for some sort of sneaky strategic reason. Based on my own reasoning that sounds untrue - why ...
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PCT application: when is the last chance to file divisional applications?

Overview: I have several related inventions in a slowly emerging industry. Goal of minimizing upfront cost: I'm trying to preserve an early priority date while minimizing/delaying upfront cost as ...
4 votes
5 answers

Strategies for minimizing early cost while maximizing future options with PCT application?

My basic question is: to which degree can an imperfectly written but substantially complete PCT application still be upgraded/fine-tuned (by a good attorney) in the first couple of months after filing?...
1 vote
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Risks of splitting invention into multiple patents?

There is a similarly-titled question that asks whether it is possible to split an invention into multiple patents. The question here is what are potential risks of doing so. Patents may potentially ...
1 vote
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Parallel application submission China and U.S

I saw a recent patent application publication (by Microsoft) where it looks like a a same or equivalent application was submitted to the U.S. patent office and the Chinese equivalent, on the same day. ...
2 votes
1 answer

Is it not better in practicality to avoid searching software patents in your domain

Premises: Any complex software product uses many algorithms, steps, techniques and so on There's a patent on almost any method and system in software, even such that are trivial by now but still didn'...