In its simplest form, a patent strategy is simply a plan. However, it is not a plan that exists in isolation. This plan should reflect a coordinated effort for developing, managing, and using patent rights to accomplish your worldwide business objectives. A good patent strategy is technology based and is dependent on and subservient to the business strategy. Since the purpose of patent strategy is to serve overall business objectives, ideally it is developed concurrently with research strategies and requires input from business, technical, and legal staff.
Patents can secure legal protection for technology that matches business and research goals.
Another component of a strategy will be to evaluate patent infringement risks and identify appropriate defensive actions while the business and technical people move forward in developing and marketing products. Furthermore, part of your patent strategy can be the exploitation of a patent portfolio, as well as recognizing existing or future obligations to protect rights in technology and relationships with third parties. Because each product line, and each business is different and must operate in a unique environment, patent strategy must be tailored made. The Elements of a Patent Strategic Plan Despite the fact that each patent strategic plan must be tailored made to fit individual business and technology objectives, there are basic components that exist in nearly every patent strategic plan. These basic elements are as follows.