An Intellectual Property portfolio is an asset and is influential for startups at the fundraising stage or may be used as an exit strategy. An IP portfolio may be used by seasoned businesses as a leverage in negotiating business deals and in the event of mergers and negotiations to name a few. An IP portfolio consists of Patents, Trademarks, copyrights and designs.
A patent portfolio forms an important and huge part of the IP portfolio. When a company or an individual is filing for Patents with the intention of commercializing it or is treating the same as an asset, then the way the patent is being generated is of paramount importance. This is essential because, in order to be able to use the patents in any of the above-mentioned deals, the patents will have to survive the vetting in the due diligence process. Apart from this also a patent has to be strong enough to be able to prevent a competitor from easily working a solution around the patent.
Therefore, the quality of the patent especially while working on developing a portfolio is predominant. The quality of the patent vests in the underlying technology/innovation as much as it vests with the way the patent has been drafted or written. One of the important aspects, while drafting and performing searches, is that fact that the same needs to be performed by an expert in the said field.
Understanding of the technology and performing the searches and the ability to be able to refine the result sets is one cornerstone for the quality of the patent and the other being the rules and guidelines of the patent offices across various jurisdictions. This is also bound by the way the various courts of law interpret and allow or disallow certain subject matter from being patentable.
Some of the most important and difficult industries to obtain and maintain the patents and have an effective patent portfolio are the computer-implemented inventions and financial sector related patents. While drafting the computer-implemented inventions it is essential to bring out the technical details in the patents. Extensive technical details help establish the invention thereby making the patent strong. Other aspects revolve around including as many flow charts as possible, along with system figures and Swim Lane diagrams.
Describing and involving as many tangible components along with hardware alternatives is also an important drafting related practice point which makes objections to the computer-implemented inventions being able to overcome. The upcoming technologies of the blockchain, virtual reality etc are niche technology areas where the patents filed require to be of the highest quality.
Another technology area where the challenges faced are quite high is with respect to life sciences and biotechnology. With this technology area, it is important to consider the subject matter while drafting the patent. Even small modifications with respect to the previous patents can be claimed. AN important aspect to be established is the utility/industrial applicability aspects of the patent. Since a simple object of scientific research is not sufficient to fulfil this requirement, it is important that the invention is developed to the extent that there is a specific utility which the invention possesses to be able to fulfil this requirement.
Singhwal possesses expertise in:-
- Cloud computing
- Artificial Intelligence
- Virtual Reality/Augmented reality
- Near Field Communication (NFC)
- Mobile Apps
Electronics and Consumer electronics
- Embedded systems
- Chip designing
- High altitude Platform
- Hydraulic drills
- Automotive parts
- Biotechnology related inventions
- Bioinformatics related invention
- Biomedically related inventions
We at Singhwal have experienced patent attorneys who have been drafting patents across these technical areas and across various jurisdictions to be able to obtain strong patents.