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RESEARCH AND INNOVATION


a patent based on a poorly drafted application. That means fewer ‘gaps’ in the scope of protection for competitors to exploit.


Do: meet with a patent attorney to explain and where possible demonstrate, key aspects of your technology rather than simply providing reams of technical information and drawings.


Don’t: expect a patent application that has been drafted on an incomplete understanding of your technology to properly protect your ideas.


STRATEGY There are many ways in which costs can be deferred and/or reduced overall without compromising the quality of patent protection. For example, multiple inventions can be bundled in a single application to reduce initial filing costs. Advantage can also be taken


FEATURE SPONSOR


of international and regional patent systems which enable foreign filings to be deferred by several years from the date of a first patent application.


Set up an intellectual property steering group within your business which meets regularly to take decisions on patent protection. Ideally, an IP steering group should include a representative from each aspect of the business such as a Technology Director, a Chief Financial Officer, a Chief Commercial Officer and a General Counsel who have the understanding and authority to take decisions on patent protection.


Finally, patents are tools not trophies. They can be used to attract investment, support collaboration agreements, support tax breaks and act as a deterrent to potential competitors even if they are never actually litigated. So, review your IP on a regular basis and if a patent is not or is no longer providing a commercial advantage then drop it.


Do: get clear cost proposals and predictions of when costs will be incurred for as far in advance as possible. Costs can often be predicted up to three years in advance.


Don’t: file a patent application without understanding the timing and cost implications only to be surprised when presented with a costly ‘pay or drop’ decision one to two years later.


Secerna LLP


WEBSITE


SAM BLOOR


PROFILE


JASON BOAKES


PROFILE


10


www.wavetidalenergynetwork.co.uk


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