Anything Under the Sun Made by Man

I am not a big fan of modern IP practice. The tremendous value that an IP practitioner can bring to a company, plus the fact that so few attorneys are qualified to sit for the Patent Bar exam, makes a patent attorney a very valuable commodity. From a patent attorney’s perspective, this means that a higher hourly billing rate is appropriate.

I have found that clients seem to fall into three categories. The sophisticated client understands IP and knows exactly what services they want. Typically, this client has in-house counsel that handles patents and other related IP matters. The in-house counsel is the voice of IP reason within the company, educating the inventors and being a constant resource for management decisions.

RFID Journal - Patent Proposal sets out a good example of how patents can proactively used to promote and drive new technology in the marketplace.

By pooling their patents and paying small license fees to the pool, companies who developed the patent portfolio have some revenue stream, but the costs and headaches of downstream litigation are minimized.

This model, which has been used before, is yet another example of good business practice.

Some commentators have pointed out the story of Tim Berners-Lee who invented a certain portion of what is now known as the World Wide Web. In so doing, Mr. Berners-Lee opted to forego patenting and not collect money on his invention. This story is sometimes offered as an example of why the patent system should be abolished. I suggest that the story is an example of a business case where patents are not the best choice, but abolishing the patent system is not warranted.

A short article on MyTreo.net shows a little about how software patents can be effectively used in business.

A lawsuit is filed, the parties negotiate a license, and they agree in some fashion to work together in the future.

I do not mean to paint too rosy a picture on it, but companies or organizations who have at least some software patents (like the OSS developers could have) have a big chip with which to negotiate and conduct their business.

I had a chance to review Phillips v. AWH Corp, 363 F.3d 1207 and had a few comments about claim construction.