The position that a patent owner enjoys may be weakened by clever competitors who surround the patent holder’s technology with a ‘fence’ of minor patents covering incremental innovations on its periphery.Â What would otherwise be a strong patent may be quickly diluted by your competitors.
Where obtaining additional patents to discourage ‘fence building’ may not be a viable option, a series of defensive publications may help to keep competitors from building fences around your patented technology.Â For example, you can choose to intentionally publish incremental improvements and new uses in the public domain.Â While you may not be able to obtain patent rights to the improvements that you dedicate to the public, your publication essentially scorches the ground around your patent to keep fence builders away.Â A good publication strategy can help protect the value of your company’s core technology.
The Noblitt Group provides a full range of services for defensive publication.Â We also offer counseling to assist with the development of internal policies and procedures for on-going protection of your patent portfolio.
We would be happy to discuss more specific details of this area of our practice at your request.
For more information, please give us a call.
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