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5 Considerations for Developing a Patent Strategy

by Oliver Mcaninch
01/03/2019

When you are working on a patent, it is important to have a clear strategy and roadmap that everyone involved in your project can follow. When you are organized and goal-oriented, your strategy will go a lot smoother, and your chances of being issued a successful patent from the USPTO in a timely fashion will increase significantly. No matter if this is your first or your thousandth patent, everyone will agree that a strategy is foundational to a well-run project and a successful patent submission.

Take a look at these five steps that we suggest when you are developing a strategy.

Set Clear Goals

Without clear goals, your team will have a difficult time knowing if the work they are doing is aligning with your expectations and the required outcomes. Goals are the bedrock of a successful project, and when you are developing a patent strategy, these goals are no less important.

It is important to understand that you will likely need to set drastically different goals for each person involved in the process, depending on their specific role.

Determine Necessary Patents

If your concept is built off of the idea of a single patent, are you sure that you will only need that one patent? While you are working towards getting your patent developed, submitted, and approved, it is also a good time to start thinking about any other protections you may need to either file for, acquire, or pay royalties for.

If you determine that you need to acquire or license more patents in order to capitalize on your own invention, you will want to understand the financial requirements to expect, and how this will affect your long-term strategy for marketing and selling your product.

Develop a Monetization Plan

If you are going to be putting the work in to develop a new innovation, make sure that you have a plan for how you are going to monetize it. Developing an invention and then applying for the patent is not cheap; once you get your patent, be ready to start executing a strategy to monetize your innovation by production, licensing, or some other way to develop an income.

Patents are important tools for many reasons, but capitalizing on intellectual property is the main motivator behind most patents. If you have an invention but are unsure of your ability to run a business around it, speak with someone who is experienced in patent law in Orlando about your possibility of licensing your patent, or perhaps selling it to a larger company.

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Understand Patent Law

Patent law is just as important, if not more important, than the patent development itself. Without a firm understanding of the laws that will support you once you receive your patent, you may find yourself at a serious disadvantage in the market. Speak with a patent lawyer in Orlando to discuss your plan, your options, and how you will be able to take advantage of your intellectual property once the USPTO grants you exclusivity.

Research the Market

Even if you are granted a patent for your intellectual property, it does not guarantee that you will be successful. You may ultimately find that the market does not need your innovation, or perhaps there is an easier or more appealing way to achieve the same result that is not covered by your patent.

When you understand the market that you are innovating for, you lessen your risk of spending both time and financial resources developing a patent that does not serve you in the end.

Ultimately, the keys to a patent strategy are organization, planning, and communication across your team and all of your stakeholders in the project. Without these, you may be able to achieve your ultimate goal, but following our guidelines will be a big help.

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