Offensive defensive patent strategy pdf

Following is a pdf of the positions and their responsibilities and coverage assignments. However, for many the approach for developing a patent strategy is more happenstance than execution of a precisely defined plan. Offensive and defensive strategies for industry leadership. Posted in patent strategy, business uses for patents and tagged defensive patents, patent pending, patent marking, patented. From offensive to defensive realism a social evolutionary interpretation of chinas security strategy tang shiping this chapter has two principal goals, one theoretical and one empirical.

A type of corporate strategy that consists of actively trying to pursue changes within the industry. Defensive patent strategies patents and patent applications are very effective marketing tools and deterrents to competitors. Patent buying by acquiring patents in the open market is an effective patent strategy to successfully defended against a corporate assertion threat. In a defensive strategy, patents are accumulated in order to avoid being sued by the competitors and avoid infringement. To build an ip fortress of protection, several forms of intellectual property may be. Jelsch swiss and european patent attorney wipo patent drafting course, arare, september 10, 2015 10. On june 21, 2016, wall street journal reporter juro osawa 2016 described the lawsuit that the chinese smartphone maker huawei technologies co. In the spiritual fight there are the same types of warfare and both require from us personal initiative and active participation. Speaking at the launch ceremony of the agosta 90 b submarine pns hamza in november 2006, musharraf said that pakistan follows a strategy of defensive deterrence, which, he clarified, implies offensive defensive deterrence. What is the offensedefense balance and can we measure it. From offensive to defensive realism fudan university. Despite risks and uncertainties exist, the enforcement will boost chinas influence and.

Defensive patent aggregation dpa is the practice of purchasing patents or patent rights to keep such patents out of the hands of entities that would assert them against operating companies. To help develop a patent strategy, this document provides a checklist. This strategy is thus referred to as an offensive defense. While in defensive strategy a company obtains the patent for those innovations which the competitor is practicing or intends to practice. Why tech startups need to play offense with patents and. A defensive patent is a patent that is used with the primary intention of defending a company against patent infringement lawsuits. Envelopment strategy also called encirclement strategy this is a much broader but subtle offensive strategy. Defensive investment strategy definition investopedia. Three types of strategic marketing strategies are regarded as defensive strategies. Sometimes in an action characterized as a defensive patent strategy one attempts to restrict or otherwise prevent others for example competitors from getting patent s. Audible read the defense for an audible opportunity.

The art of smart patent filing strategies inspired from. In contrast, defensive strategies are used to discourage or turn back an offensive strategy. With an offensive or aggressive investment strategy, by contrast, an investor tries to take. The influence of strategic patenting on companies patent. Pdf a simple litigation game is constructed to study the strategic. When a company considers protecting a product, be it a software program, mechanical device, or other product, the strategy must make good business sense. In order to pursue effective offensive strategy, the company needs to conduct proper diligence and gather information about competitors patent portfolio. Yes of course i spent time on the offensive components however when you think about it. Used offensively, patents can generate licensing revenue and, sometimes, damages awards via litigation. Defensive strategies for market success nauman rafique l1f09mbbf0018wednesday, april 18, 2012 2. Therefore, the defensive publication of perhaps otherwise patentable information may work to defeat the novelty of a subsequent patent application. Competitive strategies can be divided into the offensive and the defensive. It is made sure that every aspect of the invention is protected and continuation patents are filed if needed to cover any further improvements made in the invention.

These are offensive and defensive types of warfare. You could introduce a range of products that are similar to the target product. Second, we find that the motive of offensive blocking but not of defensive blocking is related to. Although it is a cumbersome term, the offensive defensive strategy remains a valid phrase to describe the strategy davis used to conduct of the war.

The authors disaggregate this recent growth in university patenting at the us patent. Defensive strategies in strategic management business. An offensive patent strategy is designed to build barriers to block competitors from gaining entry to your proprietary technologies. This differs from more aggressive uses for patents, which can include generating royalties or preventing competition through legal action. What is the offense defense balance and can we measure it. Jun 07, 2019 defensive investment strategies are designed to deliver protection first and modest growth second. Global patent applications were up they have now grown every year since 2003 with the exception of the slowdown of 2009 in the midst of the financial crisis. Cpc scheme b63g offensive or defensive arrangements on. Advice from a silicon valley ip veteran on creating a global patent strategy, including offensive and defensive patents and crossjurisdictional arbitrage. Jan 25, 2020 defensive marketing strategy began to be used in the late 1990s, and has been considered as a better alternative to offensive marketing, based on the traditional saying that precaution is better than cure. Ip strategy is now a defensive necessity last year was a good year for innovators. It aims at enhancing the value of ones products or service. Although supposedly less expensive than an offensive strategy, a defensive strategy should nevertheless carefully thought out, as the economic benefits that can be derived by the ip commercialisation could be reduced if not every aspect. First outlined by kenneth waltz in his 1979 book theory of international politics, structural realism is subdivided into two factions.

The success of these entities has, in fact, changed the whole structure of the ip economy, which in turn has. When a patent application is filed, a product may be properly marked as patent. Structural realism, or neorealism, is a theory of international relations that says power is the most important factor in international relations. Military innovatiors that tend to favor the offense over the defense stimulate territorial expansion and the political consolidation of international systems by empires or great powers 1981. Pdf a simple theory of defensive patenting researchgate. Basic softball defensive strategy is important to focus on when you have a new team. The offensive defensive balance of military technology. A firm that floods the market avoids being outflanked by competitors. The offensive and defensive types of warfare literature. Structural realism holds that the nature of the international structure. Defensive strategies, offensive strategies, pre entry strategies, post entry strategies 1.

Groups b63g 100 b63g 2027 are incomplete pending reclassification of documents from groups b63b 270100 b63b 277000. The theoretical goal is to advance a social evolutionary approach for understanding states security strategy or foreign policy in general. Defensive marketing strategies can be categorized by their aimsthat is, whether a strategy is designed to retain customers or merely to slow the rate of their switching to a new rival. As the department of defense dod acquires and upgrades warfighting systems using.

Glaser and chaim kaufmann offense defense theory offers an optimistic view of international politics based on the argument that war can be prevented if defense gains an advantage over offense. We dont get to recruit specific types of players so the coach has to adapt to the players they get. Research on selection of intellectual property strategies by. Companies that are managed as offensive competitive generally. The opposite is offensive patent aggregation opa which is the purchasing of patents in order to assert them against companies that would use the inventions protected by such patents operating companies. Introduction competition forces companies to constantly engage in offensive and defensive marketing strategies. Your patents can be valuable for both offensive and defensive reasons. Defensive patents can protect their holder in two ways. For instance, both approach and offensive strategies seem to have in common an element of actively initiating advances to make good things happen, whereas avoidance and defensive strategies seem to have in common the act of passively staying away to prevent bad. Huaweis strategy of becoming one of the worlds top smartphone manufacturers was the first.

Most technology developers think of patents as offensive tools, meant to prevent competitors from knocking off their innovations. International journal of business and social science vol. The differences between offensive and defensive marketing are both philosophical and practical. The strategic use of patents and its implications for enterprise and. In order to control a market, by creating an asset that keeps competitors off the market or can be licensed or sold. The chance of a sack is reduced, especially against a blitz. Speaking about defensive marketing sounds like a war strategy, and it is not far from the truth. In 2008, a new business model emerged with thirdparty financing doing defensive patent aggregation whereby a thirdparty the aggregator purchases the patents or patent rights strictly to mitigate the risk and cost of litigation associated with nonpractising entities npes and provides licenses to members against a fixed annual. They each have their place in the world of small business and can be used separately or together to meet your goals. Adding too many tactics and strategies can create confusion.

Pdf defensive strategy framework in global markets. The ip strategy serves as a plan for competitive and affordable acquisition and. The savings in offensive marketing are often high enough to offset the additional costs associated with compensating complaining customers, even if compensation exceeds the products profit margin. In many scenarios, the patent pending moniker is more effective as a business tool than the actual issued patent. They specialize in the strategic buying, licensing and selling of patents rather than doing research or manufacturing anythingand they are thriving.

Offensive and defensive patenting as a strategic option to. Offense, defense, and international politics by charles l. When most people think of patents, they are thinking of offensive patents. Offensive and defensive strategies february 2014 rick oehler don carney. The ultimate goals of a defensive ip strategy are to retain design and commercial. Development of an intellectual property strategy carnegie mellon. Defensive acquisition services yet obtain even better results by using a combination of private information aggregation and catch and release strategy to preempt the most valuable patents. Companies pursuing offensive strategies directly target competitors from which they want to capture market share.

A defensive strategy aims to protect profit margins and market share by minimizing the risk of being sued by competitors. A defensive patent is one that is registered not with a view to enforce it to generate royalties, or to exclude competitors, but to provide protection from litigation. The strategy consists in disclosing an enabling description andor drawing of the product, apparatus or method so that it enters the public domain and becomes prior art. Advantages and disadvantages of defensive and offensive. Basic softball defensive strategy and tactics softball tutor. A comprehensive intellectual property ip portfolio can be of substantial value to both. Defensive patent protection strategies in the pharmaceutical. This is done by registering an invention on an early date prior to that which others might be able to apply for a patent on a similar or identical invention. In contrast, defensive strategies are used to discourage or turn back an offensive strategy on the part of the competitor. To keep a concept safe and preventing somebody else from getting a patent on the same idea.

They are, as they should be, thinking about how to build the best product that theyre able, and. The latest information on trademarks, patents, design, branding, strategy and legal decisions from around the world. Apr 02, 2009 during and after the war davis called his strategic approach the offensive defensive. Nov 30, 2012 while in defensive strategy a company obtains the patent for those innovations which the competitor is practicing or intends to practice. Perkins coie llp offensive and defensive foia offensive foia requesting and obtaining information from the federal government defensive or reverse foia protecting information. Defensive patent portfolio strategies most technology developers think of patents as offensive tools, meant to prevent competitors from knocking off their innovations. According to stages of technology development of enterprises, a third method classifies ip strategies. Like all other countries, pakistan militarys operational strategy is based on geographical realities. To that end, defensive patent owners are not necessarily looking to actively enforce the rights. Finally, an organization can choose an offensive or a defensive patent strategy.

Although supposedly less expensive than an offensive strategy, a defensive strategy should nevertheless carefully thought out, as the economic benefits that can be derived by the ip commercialisation could be. Apr 29, 2016 organizations pursue defensive strategies when the circumstances require some sort of adjustments in the structure or functioning of the organization. Offensive and defensive strategies swidenvolleyballportfolio. Aug 09, 2017 the 456 patent held by a company with a defensive strategy may, for the most part, serve as general deterrence. Charles thomas, has enterprise responsibility for customerrelated analytics, an offensive activity, and strives to keep the balance between offensive and defensive. Using a defensive patent strategy, a company files patents primarily to ensure that innovations can be practically used. American football is about using socalled defensive, offensive and special team players as well as the execution of the plays in the sport game of the american football, where there is a vast array of positions, strategies, plays, types of play calling systems and formations utilized. In this subclass nonlimiting references in the sense of paragraph 39 of the guide to the ipc may still be displayed in the scheme. Ipo corporate ip management practices project strategy summary. Defensive marketing strategy by customer complaint management.

Patents can also be used defensively to make it less attractive for a competitor to sue for infringement or block a. Offensive and defensive strategies for industry leadership an industry leader is the one who dominates the market in terms of products, sales, and holds a good reputation in the market and smoothly executes its activities in longrun. Increase of ones marketing and advertising which can be a way of getting both old and new customers. Why startups need a defensive ip strategy techcrunch. Offensive patent portfolio races hinge on the breakdown of cooperation triggered by changes in the perceived benefits, effectiveness, andor costs of patents, partly mediated by the adoption. By preventing others from applying for the same, or similar, patents. Pdf defensive and offensive acquisition services in the. Extra pass blockers selecting an extra pass blocker keeps the player in the backfield to block.

Huaweis strategy of becoming one of the worlds top smartphone manufacturers was the first significant legal challenge. Large companies can afford an offensive patent strategy, but small. Failure for the business to understand its market sometimes. Organizations pursue defensive strategies when the circumstances require some sort of adjustments in the structure or functioning of the organization. It is made sure that every aspect of the invention is protected and continuation patents are filed if needed to cover any. In earthly wars between countries and kingdoms, there exist two types of warfare with their own individual strategies. As such, offensive patent owners are often prepared to actively assert their patents against any and all infringers. Standard firstsecondthird defender strategies apply ly see defensive tactics, below. Patents can also serve as defensive tools, especially when the innovation youve developed is useful, but turns out not to be the best for your companys product line. That is to say, the defensive strategy establishes the noninfringement of patent of interest, whereas, the offensive strategy renders the accused patent invalid or. Defensive strategies in strategic management business study.

The top offensive reason was to differentiate their products by enabling them to exclude competitors from practicing inventions. That is to say, the defensive strategy establishes the noninfringement of patent of interest, whereas, the offensive strategy renders the accused patent invalid or unenforceable. Ip strategy is now a defensive necessity blog philips. In relation, it is important for manufacturers to understand strategies to establish appropriate preservative systems, as well as their aggressive use, and to be knowledgeable about the overarching preservative defense project. Defensive patent strategies, offensive patent strategies, patent strategy. We show that an offensive npe can nevertheless outbid operating firms due to a greater ability to extract damages from infringers. A mental models approach article pdf available in european journal of marketing 4478. In other instances, developing a robust patent portfolio that includes both defensive patents that cover the companys products and offensive patents that protect what competitors might do to circumvent the companys defensive patents is the key to success.