Patent portfolio management can improve patent stability, provide more comprehensive protection for research and development achievements, and form a connection with enterprise operations, which is the key to enterprise patent management.
Enterprises applying for patents, directly or indirectly, must sue the plaintiff, and the plaintiff will be invalidated. At present, in various technological fields, there are countless papers published and patent applications filed globally. With billions of people around the world, there are always smart people, and no one is confident that they are the first proposer of their own invention. Great figures like Newton are challenged whether they are the proposers of the first law of mechanics. So, the possibility of a patent being invalidated is too high. It’s too difficult to rely on a patent to protect the technology and make a name for itself.
In addition, the research and development of modern technology is becoming increasingly complex, and various product technologies are the integration of multiple technologies, constantly updated and iterated. The Patent Law requires “one invention, one patent”, and comprehensive protection should be provided for the research and development achievements of each project of the enterprise, which can only be achieved through the layout of patent combinations.
Meanwhile, with the increasing number of enterprise patent assets, the best tool for managing enterprise patent assets is patent portfolio management. Patent combinations are easily linked to the product technology of the enterprise, thus integrating with the operation of the enterprise and avoiding patent management being played in one’s own field.
There are several key factors to effective patent portfolio management:
One is to conduct preliminary industrial technology research. By analyzing the industrial structure and industrial chain, clarify competitors (who are also the target of patent portfolio claims); Clarify the direction of future patent portfolio layout through product and technology analysis; Through patent analysis, clarify the opportunities for patent portfolio layout.
The second is to construct a coordinate system for the product technology structure of the patent portfolio layout. In this coordinate system, it is possible to see more clearly which specific product structures and technical details the patent portfolio should be laid out on, with a targeted approach; Only then can we see the difference in strength between us and the enemy; Only then can we see more clearly where opportunities and threats lie; Identify which combinations need to be strengthened and which ones need to be optimized.
The third is to conduct product and technology lifecycle analysis. Products and technologies have significant value differences at different stages of their lifecycle. If the lifecycle is calculated based on the germination period, takeoff period, maturity period, and decline period, the takeoff period is undoubtedly the most suitable layout for patent combinations. Of course, different strategies can be adopted for the layout of patent combinations at different nodes, such as only laying out core patents in the early stages, and laying out multiple design patents in the mature and declining stages.
Fourthly, it is necessary to manage patents throughout their entire lifecycle. In the early stage, the application for a patent should be combined with the analysis of the industry, product, and technology. The target audience and product technology should be taken into account when writing the patent, especially when drafting the scope of the claims. Of course, how the scope of each patent claim within the patent portfolio complements and corresponds should also be considered. In the later stage, the layout of same family patents and the adjustment of the scope of rights during defense should be based on the concept of the entire patent lifecycle, so that patent portfolio management can be solidly implemented through patent lifecycle management.
The fifth is to regularly inventory the patent portfolio, continuously align it with the company’s strategy based on industry and technological changes, and optimize the existing patent portfolio.
As Professor Wagner P R first proposed the concept of patent portfolio in 2004, a good patent portfolio is characterized by its scale, which brings market power to its holders that cannot be compared to a single patent, such as greater difficulty in avoidance, easier formation of patent alliances, greater litigation threats, and negotiation advantages. The second is that a good patent portfolio has diversity, which gives it flexibility and enables it to better cope with future uncertainties.
The specific construction of a good patent portfolio should be tailored to the industry, technology, and company situation. However, based on the product technology structure proposed in the second point of this article, considering the industry chain and competition, the product technology life cycle, and the overall company strategy, relying on standardized patent life cycle management, it will undoubtedly build a good patent portfolio, and even help enterprises create competitive advantages, achieve operational freedom, and obtain financial returns.
