Strategically Choosing What to Patent: The Untold Ingredient for Success in the Post-Alice Era
6 Part Series: 6 Keys You Need So You Can Profit by Patenting Software
This is the fifth in a series of 6 posts for decision-makers who are responsible for protecting high value, innovative software. If you missed the beginning of the series, click below so you can access the entire series and not miss any important or actionable insights for your business.
Strategic Patenting: Why It Matters
So far in our series, we've explored the pivotal Alice decision and examined the anatomy of well-crafted patent claims. Today, let's delve into a topic that's often overlooked but equally important: the strategy behind choosing what to patent. In the post-Alice era, not all software ideas are created equal. How do you pick the winners?
The Three-Pronged Test for Software Patents:
Relevance: Is the software directly tied to your core business goals and long-term strategy?
Novelty: Does the software introduce a new idea or significantly improve upon an existing one?
Monetizability: Can the patent contribute to revenue, either directly through licensing or indirectly by providing a competitive edge?
Why A Strategic Choice Matters:
Choosing what to patent is not just ticking off checkboxes. It requires a deep dive into your business model and the broader market landscape. Making wise choices here can save you from an expensive misstep, considering the high cost of the patenting process and the even higher cost of litigating an invalid patent.
The Risk of Poor Choices:
A poor choice can result in a patent that is easily invalidated, undercuts your business strategy, or even worse, remains a paper tiger that can't be effectively enforced.
Actionable Business Take-away:
Be strategic about what you choose to patent. Prioritize software innovations that are relevant, novel, and monetizable. A well-chosen patent not only enhances your intellectual property portfolio but also serves as a potent weapon in the competitive battlefield.
What’s Coming Up:
You now know how to craft strong patent claims and strategically choose what to patent. But what about the steps after you secure a patent? Our final installment will guide you through maximizing the value of your patented software. It's the last piece of the puzzle you didn't know you were missing.
The stage is set, but the show is far from over. Join us for the final installment in this series to discover the secrets of leveraging your hard-earned patents for maximum business impact.
Stay ahead of the curve by understanding what truly makes a patent application robust in the modern, post-Alice world. Keep an eye out for the next installment in this eye-opening series.
Ready to dive into the nuances of the Ultramercial decision and what it means for your patent strategy? Keep an eye out for the next installment in this series.
P.S. If you want to learn even more about the correct ways to protect software with patents in the post-Alice era, check out Craige's Litigation Quality PatentCast here.