Patent Document Review

Not hating it

Outside patents

• Prior art

• Infringement risk

• Competitive intelligence

Outside patents

• Technical and business information resource

• EPO says 80% of technical ideas published in patents and nowhere else*

* http://www.globalsciencecollaboration.org/public/site/PDFS/patent%20info/WONGEL-EPO_TS1.pdf

Patent information

• Searchability• English – abstracts, at least• Transparent (legally required to explain)

Process

• Volume: USPTO publishes 3500/week• Value lost if review delayed• What information?• What to do with it?

• Need a process!

Practical review process

• Detailed operating procedure– Defined roles– Primary review manager distributes secondary

review– Incentives not necessary – It’s part of your job

Practical review process

• Detailed operating procedure• Decision support platform

Practical review process

• Detailed operating procedure• Decision support platform• Training, refined search criteria, … other

Not a patent, its:Inside information on competitor

strategy

Not a patent, its:

A catalog of conventional wisdom

Not a patent, its:

List of overlooked improvements

Example design problem

Identify features / improvements

Turn signal

Not a patent, its:

A free diamond in the rough

Not a patent, its:

Forecast of potential complaints

Head off possible user frustration

Detachable light

Not a patent, its:

Well-posed innovation target

Due diligence better, cheaper, plus:

Patent lawyer Technology expert Marketing expert Strategy expert

Competitive intelligence

Features I never thought ofAlternative

solutions

Legal relevance

Concept expansion