It is important to keep track of potential public disclosures so patent protection is not unnecessarily lost. As the number of patents mushroom, competitor analysis becomes more important. Now that many patent applications will be published 18 months after filing, the process will become much easier. In addition, the technical direction of a competitor may be evaluated and countermeasures taken. The cost of drafting the application can also be significantly reduced if the company works as a team with its patent attorney, rather than keeping its involvement to a minimum.
Patents are also an asset that can be used either defensively or offensively.
In an offensive mode, patents protect a company's core technology from being infringed by competitors. Patents may also be licensed to others. Finally, since patents can be acquired, they add value to a company's portfolio. For companies in need of investors or funding, patents add an element of legitimacy. Certain technical subject matter may be better protected using the copyright laws, trademark laws, or trade secret laws.